james kenney seismic retrofit specification no. 16 …...james kenney seismic retrofit specification...

JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C

DOCUMENT 00003

TABLE OF CONTENTS Document Title INTRODUCTORY INFORMATION

00001 Title Page 00003 Table of Contents 00004 List of Drawings, Tables and Schedules 00006 Location Map

BIDDING REQUIREMENTS

00020 Invitation to Bid 00100 Instructions to Bidders 00150 Bid Contents, Evaluation, Selection and Award 00220 Geotechnical Data and Existing Conditions 00240 Hazardous Material Surveys 00300 Bid Form 00411 Bond Accompanying Bid 00430 Subcontractors List 00481 Non-collusion Affidavit

CONTRACT FORMS

00510 Agreement 00520 Escrow Agreement for Security Deposits in Lieu of Retention 00530 Agreement and Release of Any and All Claims 00610 Construction Performance Bond 00620 Construction Labor and Material Payment Bond

00680 City of Berkeley Contracting Policies CONDITIONS OF THE CONTRACT

00700 General Conditions 00810 Supplemental General Conditions 00811 Supplemental General Conditions-HazMat 00812 Supplemental General Conditions-City of Berkeley Contracting Policies 00822 Apprenticeship Program 00900 Addenda

Table of Contents (10-01) 00003 - 1

JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C SPECIFICATIONS Division Section Title 1 GENERAL REQUIREMENTS

01000 Summary of Work 01025 Measurement and Payment 01035 Modification Procedures 01036 Requests for Information 01040 Project Coordination 01060 Regulatory Requirements 01061 Regulatory Requirements--Hazardous Waste 01090 References and Definitions 01200 Project Meetings 01300 Submittals 01310 Progress Schedules and Reports 01400 Testing and Inspection 01505 Construction Waste Management 01510 Temporary Facilities 01560 Noise Control 01600 Product Requirements 01630 Product Options and Substitutions 01700 Contract Closeout 01710 Project Cleaning 01720 Project Record Documents 01732 Cutting and Patching 01733 Traffic Control

2 EXISITING CONDITIONS

02 41 14 Selective Building Demolition

3 CONCRETE

03 30 00 Cast-In-Place Concrete 5 METALS

05 12 00 Structural Steel 05 31 00 Steel Deck 05 50 00 Metal Fabrications 05 51 00 Metal Stairs

6 WOOD, PLASTICS, AND COMPOSITES

06 10 00 Rough Carpentry 06 10 53 Miscellaneous Rough Carpentry


JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C Division Section Title 7 THERMAL AND MOISTURE PROTECTION

07 21 01 Building Insulation 07 46 46 Fiber-Cement Siding 07 54 00 Thermoplastic Membrane Roofing 07 62 00 Sheet Metal Flashing and Trim 07 65 00 Flexible Flashing 07 84 00 Firestopping 07 92 00 Joint Sealants

8 OPENINGS

08 11 15 Steel Doors and Frames 08 31 13 Access Doors and Frames 08 43 13 Aluminum-Framed Storefronts 08 51 13 Aluminum Windows 08 71 00 Door Hardware 08 80 00 Glazing

9 FINISHES

09 29 00 Gypsum Board 09 30 00 Tiling 09 51 00 Acoustical Ceilings 09 64 66 Wood Athletic Flooring 09 65 13.13 Resilient Base 09 90 00 Painting and Coating

10 SPECIALTIES

10 14 00 Signage 10 21 13.13 Metal Toilet Compartments 10 28 13 Toilet Accessories

12 FURNISHINGS

12 24 00 Window Shades

21 FIRE SUPPRESSION

21 00 00 Fire Suppression Basic Requirements 21 05 00 Common Work Results for Fire Suppression 21 13 00 Fire Suppression Sprinkler Systems


JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C Division Section Title 22 PLUMBING

See Mechanical and Plumbing Drawings 23 HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) See Mechanical and Plumbing Drawings 26 ELECTRICAL See Mechanical and Plumbing Drawings

END OF DOCUMENT



DOCUMENT 00004

LIST OF DRAWINGS

CS Cover Sheet A001

A002 A003 A004 A005 A006 A100 A100.1 A101 A102 A201 A202 A203 A300 A301 A310 A400 A401 A700 A800 A801 A802 A803 S101 S102 S103 S200 S201 S202 S203 S301 S401 S402 S403 S404 S405 S501 S502 S503 S504 S505 S601 S602 S603

Architectural Data Sheet Accessibility & Exiting Plans California Green Building Standards California Green Building Standards Pollution Prevention Waste Diversion Site Plan Site Details Lower Level Demolition Plan Upper Level Demolition Plan Lower Level Floor Plan Upper Level Floor Plan Roof Plan Exterior Elevations Exterior Elevations & Building Sections Wall Sections Enlarged Plans & Interior Elevations Enlarged Plans & Interior Elevations Vertical Circulation – Stair Door & Window Schedules Exterior Wall Details Exterior Details Exterior Wall Details General Notes General Notes General Notes Foundation Plan First Floor Plan Second Floor/Lower Roof Framing Plan Upper Roof Framing Plan Typical Concrete Details Typical Wood Details Typical Wood Details Typical Wood Details Typical Wood Details Typical Wood Details Sections and Details Walls and Elevations Sections and Details Sections and Details Sections and Details Sections and Details Sections and Details Metal Deck Schedule and Details

List of Drawings, Tables and Schedules (10-01) 00004 - 1


MP0.1 MPD2.1 MP2.1 MP2.2 MP2.3 MP3.0 MP4.0 E0.1 E0.2 E0.3 E0.4 E0.5 E0.6 E0.7 E0.8 E1.1 ED1.1 ED2.1 ED2.2 E2.1 E2.2 E2.3 E3.1 E4.1 E4.2 Appendix A

Symbol List, General notes, & Sheet Index – Mechanical & Plumbing First Floor Demolition Plan - Mechanical & Plumbing First Floor Plan - Mechanical & Plumbing Second Floor Plan - Mechanical & Plumbing Roof Plan - Mechanical & Plumbing Details - Mechanical & Plumbing Specifications - Mechanical & Plumbing Symbol List, General notes, & Sheet Index Luminaire Schedule and Title 24 – Electrical Title 24 – Electrical Title 24 – Electrical Title 24 – Electrical Title 24 – Electrical Title 24 – Electrical Title 24 – Electrical Site Plan – Electrical Site Demolition Plan – Electrical First Floor Demolition – Electrical Second Floor Demolition Plan – Electrical First Floor Plan – Electrical Second Floor Plan – Electrical Roof Plan – Electrical Panel Schedules and Electrical Details Specification – Electrical Specification – Electrical James Kenney Community Center Sanitary Sewer Lateral Rehabilitation

END OF DOCUMENT

List of Drawings, Tables and Schedules (10-01) 00004 - 2


1720 8th STREET, BERKELEY CA

Location Map 00006-1


Invitation To Bid

(11-02) 00020 - 1

DOCUMENT 00020 INVITATION TO BID City of Berkeley ("City"), will receive sealed Bids at City of Berkeley, Purchasing Manager's Office, located at the Martin Luther King, Jr. Civic Center, 2180 Milvia Street, Third Floor, Berkeley, CA 94704, Telephone (510) 981-7320 until 2:00 p.m. on June 2, 2016, for the following public work. Specification No. 16-11052-C

CITY OF BERKELEY JAMES KENNEY SEISMIC RETROFIT

Scope of Work: Work of Contract comprises the seismic improvements for the existing James Kenney Community Center, new exterior work includes siding, sheathing, painting, windows, decorative fencing, and gate, complete upper lateral replacement, and removal of exterior ramp and replacement with stair; interior work includes new shear walls as needed for seismic support, patching of finishes at areas of repair, and accessibility upgrade of restrooms for the City of Berkeley (“City”), located at James Kenney Community Center, 1720 8th Street, Berkeley, CA, and ancillary work in accordance with the terms and conditions of the Contract Documents. Work to begin on or around August 17, 2016. A California “B” contractor's license is required to bid this contract. Joint ventures must secure a joint venture license prior to award of this Contract. Bidders must use City-supplied forms, including but not limited to, Document 00300 Bid Form, Document 00430 Subcontractors List, Document 00481 Noncollusion Affidavit and Document 00411 Bond Accompanying Bid, in submitting bids. Bidders must present a sealed envelope containing

1) Bid Form;

2) A cashier's check, certified check, or corporate surety bond of not less than 10% of the amount bid, including additive alternates;

3) Subcontractors List; and

4) Noncollusion Affidavit

for deposit into the Bid Box located at the Purchasing Manager's Office no later than 2:00 p.m., June 2, 2016. City will conduct a non-mandatory Pre-bid Conference and Site Visit at 2:00 PM, Monday, May 16, 2016. Starting May 5, 2016, Contract Documents, Plans and Specifications will be made available online for download, under the project’s listing, at the City of Berkeley’s Public Works website under Current Construction Project Bid Opportunities: http://www.cityofberkeley.info/Public_Works/Bids_-_Contracts/Current_Construction_Project_Bid_Opportunities.aspx Bidders are responsible for notifying Taylor Lancelot, Assistant Civil Engineer, via email at [email protected] to be included on the Planholders List. Please include the following in the email subject header: “Spec. 16-11052-C Request to be included in project Planholders List”. In the body of the email, please state the Company Name, Address, Telephone Number, and Fax Number. Bidders are solely responsible for the cost of preparing their Bids. City specifically reserves the right, in its sole discretion, to reject any or all Bids, or re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work.

http://www.cityofberkeley.info/Public_Works/Bids_-_Contracts/Current_Construction_Project_Bid_Opportunities.aspx

mailto:[email protected]


Invitation To Bid

(11-02) 00020 - 2

The successful Bidder and its Subcontractors will be required to follow the nondiscrimination requirements set forth in the Bidding Documents and to pay prevailing wage rates at the location of the Work. Contract retention under the Contract shall be Five Percent (5%). This contract will NOT be subjected to the Community Workforce Agreement approved by the Berkeley City Council on June 23, 2015 (See Document 0812 if applicable). The successful bidder and all subcontractors, at any tier, will not be required to sign an Agreement to be Bound as a condition precedent to entering into any contract for this project. END OF DOCUMENT


Instruction To Bidders (10-01) 00100 - 1

DOCUMENT 00100 INSTRUCTIONS TO BIDDERS Bids are requested for a general construction contract, or work described in general, as follows: SPECIFICATION #16-11052-C

CITY OF BERKELEY JAMES KENNEY SEISMIC RETROFIT 1. RECEIPT OF BIDS. City will receive sealed bids from Bidders until 2:00 p.m., on June 2, 2016. City will reject

any bid received after this time. 2. DETERMINATION OF LOW BIDDER. The low Bidder for purposes of award will be the conforming

responsible Bidder offering the lowest total amount for the Total Base Bid shown in the Bid Form. Once the low bidder is determined as herein described, the City reserves the right to award any combination of Additive Bid Items, or not award any Additive Bid Items, as it deems to be in the best interest of the City, regardless of whether the total bid of the particular combination selected is higher or lower than any other bidder for that same combination.

3. REQUIRED BID FORM. Bidders must submit bids on Document 00300 Bid Form. City will reject as non-

responsive any bid not submitted on the required form. Bids must be full and complete. Bidders must complete all bid items and supply all information required by Bid documents and specifications. City reserves the right in its sole discretion to reject any bid as non-responsive as a result of any error or omission in the Bid. Bidders must submit clearly written bids, and City reserves the right to reject any bid not clearly written. Bidders may not modify the Bid Form or qualify their Bids.

4. REQUIRED BID SECURITY. Bidders must submit with their bids, a cashier's check, a certified check, or a

corporate surety bond of not less than ten percent (10%) of amount bid, including additive alternates, payable to City. City will provide the required form of corporate surety bond, Document 00411 Bond Accompanying Bid. City will reject as non-responsive any bid submitted without the necessary bid security.

5. REQUIRED SUBCONTRACTORS LIST. Bidders must submit with their bids, the names of all subcontractors

and their respective bid item sub-bids on Document 00430 Subcontractors List for those subcontractors who will perform any portion of work, including labor, rendering of service, or specially fabricating and installing a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total bid. Any violation of this requirement may result in Bid being deemed non-responsive and not being considered.

6. REQUIRED NONCOLLUSION AFFIDAVIT. Bidders must submit with their bids Document 00481

Noncollusion Affidavit. City will reject as non-responsive any bid submitted without the Noncollusion Affidavit. 7. NON-MANDATORY PRE-BID CONFERENCE AND SITE VISIT. City will conduct a Pre-bid Conference

and Site Visit at 2:00 PM, Monday, May 16, 2016 at James Kenney Community Center, 1720 8th Street, Berkeley, CA to clarify such matters as Bidders may request.

8. REQUIREMENTS PRIOR TO BIDDING. Submission of Bid signifies careful examination of Contract

Documents and complete understanding of the nature, extent and location of Work to be performed. Bidder must complete the tasks listed in Document 00510 (Agreement), Article 5, as a condition to bidding, and submission of Bid shall constitute the Bidder's express representation to City that Bidder has fully completed these tasks.

9. ADDENDA. Bidders must direct all questions about the meaning or intent of the Contract Documents to City’s

Project Manager or his or her assigned Agent, Taylor Lancelot, Assistant Civil Engineer at [email protected] or 510-981-6421. Interpretations or clarifications considered necessary by the Project Manager in response to such questions will be issued by Addenda mailed or delivered to all parties recorded

mailto:[email protected]



by the Project Manager as having received the Bidding Documents. Addenda shall be written and will be issued to each Bidder by certified mail to the address supplied City by the Bidder, or as directed by the Project Manager. Questions received less than seven (7) days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

a. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Project Manager.

b. Addenda shall be acknowledged in Bid Form by number and shall be part of the Contract Documents. A

complete listing of Addenda may be secured from the Project Manager. 11. WAGE RATES. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of

worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the bid documents and on file at City's office. Upon request, City will make available copies to any interested party.

12. BID SUBMISSION. Bidders shall submit an envelope containing forms listed herein. Envelope shall be hand

delivered to Purchasing Manager, City of Berkeley, Martin Luther King, Jr. Civic Center Building, 2180 Milvia Street, Third Floor, Berkeley, CA 94704. Bidder shall submit bid in an opaque, 10" x 13"envelope, sealed and marked as follows:

Purchasing Manager City of Berkeley Martin Luther King, Jr. Civic Center Building 2180 Milvia Street, Third Floor Berkeley, CA 94704

BID FOR CITY SPECIFICATION #16-01152-C JAMES KENNEY SEISMIC RETROFIT

Bids must contain the following, fully executed documents:

1) Document 00300 (Bid Form).

2) Cashier's check, certified check, or corporate surety bond of not less than 10% of the amount bid,

including additive alternates. Bidder and its surety must execute Document 00411, if submitted.

3) Document 00430 Subcontractors List: If Bidder intends to employ subcontractors, Bidder must furnish the information required on this form, in accordance with instructions contained herein.

4) Document 00481 Noncollusion Affidavit.

13. BID OPENING. City shall time stamp bids on receipt, and shall open bids bearing a time stamp showing their

receipt up to and including the time and date specified. Bids will be opened in a designated conference room at City offices. On submission of bids, all bid envelopes will be time stamped to accurately reflect their submittal time. Envelopes will be opened at the date and time noted in Paragraph 1 of this Document.

14. POST-NOTICE OF AWARD REQUIREMENTS. The Apparent Low Bidder must execute and submit the

following documents after bids have been opened and duly inspected. The Apparent Low Bidder's failure to properly and timely submit these documents entitles City to reject the bid and retain the Bid Bond per Paragraph 15 herein.

a. Submit the following documents to the Project Manager by 5 o'clock p.m. of the tenth (10th) business day

following NOTICE OF INTENT TO AWARD. Award of contract depends upon approval of these



documents:

1) Document 00510 Agreement: To be executed by successful Bidder. Submit three (3) copies, each bearing an original signature.

2) Document 00610 Performance Bond: To be executed by successful Bidder and surety, in the amount set

forth in Document 00700, Paragraph 4.

3) Document 00620 Labor and Material Bond: To be executed by successful Bidder and surety, in the amount set forth in Document 00700, Paragraph 4.

4) Insurance Certificates and Endorsements required by Document 00700 General Conditions

Paragraph 4.B.

5) Certification of compliance with the following provisions of the Berkeley Municipal Code and resolutions of the City Council of the City:

(A) Resolution No. 59,853-N.S. (Oppressive States); (B) Resolution No.l 58,291-N.S. (Tropical Rainforests); (C) B.M.C. Chapter 3.64 (Nuclear Free Zone); (D) Council Directive of October 29, 1996 Re: Virgin Redwoods; (E) Section 36, Article VII of City Charter (Conflict of Interest); (F) B.M.C. Chapter 13.26 (Non-Discrimination) (G) B.M.C. Chapter 13.29 (Equal Benefits Ordinance)

6) Copy of City of Berkeley Business License 7) Taxpayer Identification Report as set forth in Document 00680: To be executed by selected Bidder.

15. If Bidder to whom Contract is awarded shall for ten (10) business days after such award fail or neglect to enter into

Contract and file required bonds or other documents, City may deposit surety bond, cashier's check or certified check for collection, and proceeds thereof may be retained by City as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of City. It is agreed that calculation of damages City may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical and that the amount of the Bidder's required bid security shall be the agreed and presumed amount of damages.

16. Prior to the issuance of the Notice to Proceed, the apparent low bidder and its known principal contractors

including, but not limited to, those performing major items of work such as heating, electrical, and plumbing, may be required to attend a conference for the purpose of ascertaining compliance with B.M.C Chapter 13.26 relating to non-discrimination.

17. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after

March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on

or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. AWARD. If the contract is to be awarded, it will be awarded to the lowest responsible responsive Bidder.

END OF DOCUMENT


DOCUMENT 00150 BID CONTENTS, EVALUATION, SELECTION AND AWARD 1. This Document summarizes the procedures by which the City will open and evaluate Bids and make award

for: SPECIFICATION #16-11052-C

CITY OF BERKELEY JAMES KENNEY SEISMIC RETROFIT

2. All abbreviations and definitions of terms used herein are defined in the Division 1 Specifications, Section

01090 (References). 3. Bids shall not include any commercial, technical, legal or other conditions, exceptions, alternatives,

reservations and understandings, and any such terms so included shall have no force and effect, and, at the City's option, shall be grounds to declare a Bid non-responsive. Any such terms not discovered during the evaluations shall have no legal effect and Bidder, if awarded the Contract, will perform all requirements of the Contract Documents as if such conditions, exceptions, alternatives, reservations and understandings were not stated.

4. Not used. 5. CONTENTS OF BID. Bid proposal shall include the following:

A. Document 00300 (Bid Form): Must be filled in and signed by Bidder. All Bid prices shall be fixed and not subject to any escalation, such as for inflation or currency exchange. All prices shall be in United States Dollars. Bidders may not modify this form and for each item therein must provide firm prices not subject to change for any reason.

B. Document 00411 (Bond Accompanying Bid): Document 00411 is to be executed by Bidder and its

surety. The Bid Security amount shall not be less than ten percent (10%) of the total of all bid prices, including additive alternates.

C. Document 00430 (Subcontractors and Subcontractors List): If Bidder intends to utilize

subcontractors, it is necessary to furnish information required on this form, in accordance with instructions contained herein. Bidder must list all subcontractors including lower tier subcontractors who will perform or render service to the Contractor in excess of one-half of one percent (0.5%) of the total bid, excluding options, in accordance with the requirements of Document 00430 (Subcontractors List).

D. Document 00481 Noncollusion Affidavit

6. EVALUATION OF BID PACKAGE

Bid Package will be opened and initially evaluated according to the following sequence and procedures:

1. City will assemble all Bid Packages on the bid table unopened.

2. For each Bid, City will read aloud the name of its submitter and then open its Bid Package and

preliminarily check the enclosures for responsiveness to the requirements of the Document 00100 (Instructions to Bidders) and this Document.

Bid Contents, Evaluation, Selection and Award (10-01) 00150 - 1


3. The City will then determine the Apparent Low Bidder based upon each responsive Bidder's Schedule of Bid Prices contained in Document 00300.

4. A report will be prepared documenting the receipt of submissions, opening of Bids and initial Bid

Package evaluations.

5. Initial determinations of Bid Package responsiveness at this time will not be final. Detailed evaluations will be made subsequently, following the Bid Opening.

7. NOT USED 8. EVALUATION OF BIDDER RESPONSIBILITY

In determining Bidder's responsibility, the City may consider information provided by sources other than Bidder and conduct such investigations as the City deems necessary to assist in the evaluation of Bidder's responsibility, qualifications and financial ability, as well as proposed subcontractors, suppliers and other persons and organizations.

In determining Bidders responsibility, City may consider, among other matters, the organization and management responsiveness of the Bidder according to the following criteria:

a. Appropriateness and sufficiency of proposed organizational structure and management

plan to accomplish the Work in accordance with the term of the contract and the proposed schedule;

b. Sufficiency of proposed key personnel qualifications to accomplish the work of proposed

positions;

c. Sufficiency of proposed quality assurance plan to meet the requirements of the Contract Documents;

d. Contractors safety record; and

e. Schedule responsiveness to meet the specified schedule for completion specified and for

sufficient breakdown of activities in accordance with the required Bid Itemization.

The following are the minimum requirements for a Bidder to be found responsible to perform the Work:

1. Sufficient financial strength, stability and resources as measured by Bidder's equity, debt to assets ratio, and capability to finance the Work to be performed.

2. Ability to secure, in accordance with this Document, the required form of Performance Bond and

Payment Bond. Bidder shall include authorization that gives the City the right to verify with the surety that the surety will, based upon the Bid prices, issue the required bonds under the conditions stated.

3. Ability to obtain required insurance with coverage values that meet minimum requirements and

required letter from insurer.

4. Evidence that Bidder and its team have the human and physical resources of sufficient quantity and quality to perform the Contract in a timely and specification compliant manner, to include:

(a) Construction and management organizations with sufficient personnel and requisite

disciplines, licenses, skills, experience, and equipment for the Project.



(b) Minimum experience requirements of the prime contractor include the completion of three projects of similar size and complexity involving construction amounts in excess of $1,000,000.

(c) A field organization with skills, experience, and equipment sufficient to perform all on-

site work and necessary scheduling.

(d) Expertise of key personnel to accomplish the duties and responsibilities required to perform the Contract. Minimum experience requirements of key personnel shall be the completion of five projects of similar size and complexity and having five years of experience on projects of similar size and complexity.

END OF DOCUMENT



DOCUMENT 00220 GEOTECHNICAL DATA AND EXISTING CONDITIONS 1.01 This document sets forth the terms and conditions under which Contractor may review, study, use or rely upon

geotechnical data at or near the Site, and existing conditions information concerning existing conditions at or near the Site. This document, the available geotechnical data, and the supplied existing conditions information are not Contract Documents.

1.02 REPORTS AND INFORMATION

A. Documents providing a general description of the Site and conditions of the Work may have been collected by City, its consultants, and prior contractors. These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, tenant improvement contracts, as-built/record drawings, utility drawings, and information regarding Underground Facilities. These reports, documents and other information are not part of the Contract Documents.

B. Bidders may inspect such available geotechnical reports and information regarding existing conditions

at the Project Manager's Office, and copies may be obtained at cost of reproduction and handling upon Bidder's payment for the costs. These reports, documents and other information, are not part of the Contract Documents.

C. Geotechnical reports may be included in the project manual and information regarding existing

conditions may also be included in the project manual, but neither shall be considered part of the Contract Documents.

D. The following geotechnical reports and data, and information regarding existing conditions and

Underground Facilities at or contiguous to the Site, are available for review for Contract #16-11052-C through the Project Manager:

1. NOT AVAILABLE

1.03 USE OF INFORMATION ON EXISTING CONDITIONS

A. Above-Ground Existing Conditions. Under no circumstances shall City be deemed to make a warranty

or representation of existing above-ground conditions, as-built conditions, or other above-ground actual conditions verifiable by reasonable independent visual investigation. These conditions are verifiable by Bidder by the performance of its own independent investigation which Bidder must perform prior to bidding and Bidder must not rely on the information supplied by City regarding existing conditions. Bidder represents and agrees that in submitting its bid, it is not relying on any information supplied by City regarding existing conditions.

B. Underground Facilities. Information supplied regarding existing Underground Facilities at or

contiguous to the Site is based on information furnished to City by others (e.g., the owners or builders of such Underground Facilities or others).

1. City does not assume responsibility for the completeness of this information, and Bidder is solely

responsible for any interpretation or conclusion drawn from this information.

2. Except as expressly set forth in this Document, City will be responsible only for the general accuracy of information regarding Underground Facilities. This express assumption of responsibility applies only if Bidder has conducted the independent investigation of documents listed in 1.02D above, or documents available from Utility companies and other sources, and discrepancies were not apparent.

1.04 LIMITED RELIANCE PERMITTED ON CERTAIN INFORMATION

Geotechnical Data and Existing Conditions (10-01) 00220 - 1


A. Geotechnical Data. Except as expressly set forth in this Document, City does not warrant, and makes no

representation regarding, the accuracy or thoroughness of any geotechnical data. Bidder represents and agrees that in submitting its bid, it is not relying on any geotechnical data supplied by City, except as specifically set forth herein.

B. Bidder may rely upon the general accuracy of the "technical data" contained in the geotechnical reports

and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required and discrepancies were not apparent. The term "technical data" in the referenced reports and drawings shall be limited as follows:

1. The term "technical data" shall include actual reported depths, reported quantities, reported soil

types, reported soil conditions, and reported material, equipment or structures, that were encountered during subsurface exploration.

2. The term "technical data" does not include, and Bidder may not rely upon, any other data,

interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures.

3. The term "technical data" shall not include the location of Underground Facilities. 4. Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or

construction. Bidder may rely upon the general accuracy of the "technical data" contained in such reports or drawings.

5. Bidder is solely responsible for any interpretation or conclusion drawn from any "technical data"

or any other data, interpretations, opinions or information contained in supplied geotechnical data. 1.05 INVESTIGATIONS

A. Before submitting a Bid, each Bidder shall investigate the existing conditions at the site and examine

and evaluate all of the available reports and information concerning conditions (existing above-ground, subsurface and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of Contract Documents.

B. City has provided time in the period prior to bidding for Bidder to perform these investigations and

examinations. 1.06 ACCESS TO SITE

On written request to Project Manager, City will provide each Bidder access to the Site to conduct such non-destructive examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidders must be careful to leave the Site in its present condition upon completion of such explorations, investigations, tests and studies. Bidders are responsible for safety and protection of themselves and their employees during such investigations and they shall indemnify the City against claims arising from such work.

END OF DOCUMENT

Geotechnical Data and Existing Conditions (10-01) 00220 - 2


DOCUMENT 00240 HAZARDOUS MATERIAL SURVEYS 1.01 This Document describes hazardous material surveys included in or with the contract manual and use of data

therein. 1.02 REPORTS AND INFORMATION

A. City, its consultants, contractors and tenants have prepared documents providing a general description of the Site and locations of hazardous materials subject of the Work. These documents consist of surveys included in or with this contract manual, or made available for review and copying. The surveys are the following:

1. NONE. CURRENTLY BEING DEVELOPED.

B. Bidders may inspect such surveys at the Project Manager's office in City's office, and copies may be

obtained at cost of reproduction and handling upon Bidder's payment for the costs. These surveys are not part of Contract Documents.

1.03 USE OF DATA

A. Data regarding the locations of hazardous materials was obtained only for use of City and its consultants, contractors, and tenants for planning and design and are not part of Contract Documents. Bidder may rely on this information for its general accuracy regarding the locations of potentially hazardous materials subject of the Work. Otherwise, the provisions of Document 00220, Geotechnical Data And Existing Conditions, apply to the Work.

B. City does not warrant and makes no representation regarding the accuracy or thoroughness of any

other data regarding existing conditions or hazardous materials, including, but not limited to, quantities, characteristics, volumes, structural features, location of Underground Facilities or connections thereto, or any information verifiable by visual inspection. Bidder represents and agrees that in submitting a Bid it is not relying on any data regarding existing conditions supplied by City, except as it may respect the general location of potentially hazardous materials.

1.04 INVESTIGATIONS

A. Before submitting a Bid, each Bidder will be responsible for obtaining such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs or projects incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. City has provided time in the period prior to bidding for Bidder to perform these investigations.

C. On request, City will provide each Bidder access to Site to conduct such examinations, investigations,

explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests and studies. Any investigation performed by Contractor to verify hazardous materials/waste conditions must comply with the provisions of Document 00810 (Supplemental General Conditions), including but not limited to the requirements regarding

Hazardous Material Survey (10-01) 00240 - 1


compliance with all laws, permits, giving of all notices, and indemnification. Bidders shall also present proof of insurance satisfactory to City.

END OF DOCUMENT

Hazardous Material Survey (10-01) 00240 - 2


DOCUMENT 00300 BID FORM To be submitted by 2:00 p.m., on Thursday, June 2, 2016 CITY OF BERKELEY

PURCHASING MANAGERS OFFICE Martin Luther King, Jr. Civic Center

2180 Milvia Street, Third Floor Berkeley, CA 94704

Telephone (510) 981-7320 Attn: Taylor Lancelot, Project Manager Re: SPECIFICATION #16-11052-C, JAMES KENNEY SEISMIC RETROFIT, City of Berkeley. 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of

Berkeley ("City") in the form included in the Contract Documents, Document 00510 Agreement, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Contract Documents and the Invitation to Bid and

Instructions to Bidders, including without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) calendar days after the day of Bid Opening. Bidder will sign and submit the Agreement with Bonds and other documents required by Document 00100 Instructions to Bidders, within ten (10) business days after receipt of City's Notice of Intent to Award.

3. In submitting this Bid, Bidder represents: (a) Bidder has examined all of the Contract Documents and of the following Addenda (receipt of all of

which is hereby acknowledged). Date Number (b) Bidder has visited the site and performed all tasks, research, investigation, reviews, examinations,

analysis, and given notices, regarding the Project and the Site, as set forth in Document 00510 (Agreement), Article 5.

4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in

strict accordance with the Contract Documents for the following sum of money listed in the following Bid Schedule:

Bid Form (10-01) 00300 - 1


SCHEDULE OF BID PRICES All bid items, including lump sums, unit prices, and additive alternates must be filled in completely. Quote in words and numerals. Scope of Work is listed in Section 01000 of the Contract Documents. BID ITEM NO. 1: All labor, materials, services and equipment necessary for the completion of all of the Work shown in the attached plans, specifications and other Contract Documents, except for that work called for in the Additive Bid Items (if any): _____________________________________________________________Dollars $_______________________ BID ITEM NO.2 (ALLOWANCE): All labor, materials, services and equipment necessary for the completion of removal and repair of structural members and interior gypsum board damaged by dry rot: __________Seventy Thousand__________________________ Dollars $_70,000____________ TOTAL BASE BID: _____________________________________________________________Dollars $_______________________ ADDITIVE BID ITEM NO.1: All labor, materials, services and equipment necessary for the completion of removal of the seven (7) existing exterior wall mounted exhaust fans, and provide four (4) new exhaust fans on the roof, and one (1) in line fan terminating at an exterior louver at the Men’s restroom: _____________________________________________________________Dollars $_______________________ ADDITIVE BID ITEM NO.2: All labor, materials, services and equipment necessary for the completion of a design-build fire protection system. _____________________________________________________________Dollars $_______________________

Bid Form (10-01) 00300 - 2


5. Subcontractors and their sub-bids for work included in all bid items and additive or deductive alternates are listed on the attached Document 00430 Subcontractors List.

6. The undersigned understands that City reserves the right to reject this Bid, but that this Bid shall remain open

and shall not be withdrawn for a period of sixty (60) calendar days from the date prescribed for its opening. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered

to the Undersigned within sixty (60) calendar days after the date set for the opening of this Bid, or at any other time thereafter before it is withdrawn, the undersigned will execute and deliver the documents required by Document 00100 Instructions to Bidders including, but not limited to, Document 00510 Agreement, Document 00610 Performance Bond, and Document 00620 Labor and Material Bond, all within ten (10) business days after personal delivery or after receipt in the mails of the Notice of Intent to Award.

8. Notice of Award or request for additional information may be addressed to the undersigned at the address set

forth below. 9. The undersigned herewith encloses a cashier's check, certified check, or corporate surety bond in the amount of

ten percent (10%) of the total of the Base Bid and Additive and Deductive Bid Item 1 and made payable to: City of Berkeley.

10. The undersigned agrees to commence work under this Contract on the date established in Document 00700

General Conditions and to complete all work within the time specified in Document 00510 Agreement. 11. The undersigned agrees that, in accordance with Document 00700 General Conditions, Paragraph 15.E,

liquidated damages for failure to complete all work in the contract within the time specified in Paragraph 10 above shall be as set forth in Document 00510 Agreement.

Bid Form (10-01) 00300 - 3


12. The names of all persons interested in the foregoing Bid as principals are:

(IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give first and last names in full).

NAME OF BIDDER licensed in accordance with an act for the registration of Contractors, and with license number:

Signature of Bidder

NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address:

_________________________________________________________ _________________________________________________________ _________________________________________________________

Telephone Numbers: _________________________________________________________ Date of Bid: ________________________________________________________________ END OF DOCUMENT

Bid Form (10-01) 00300 - 4


DOCUMENT 00411 BOND ACCOMPANYING BID KNOW ALL BY THESE PRESENTS:

That the undersigned __________________________________________ as Principal and the undersigned

_________________________________________________as Surety are held and firmly bound unto the City of

Berkeley, a public entity, as obligee, in the penal sum of _______________________________

______________________ Dollars ($ _______________ ) lawful money of the United States of America, for

the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and

assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is submitting a bid for the City SPECIFICATION #16-11052-C, JAMES

KENNEY SEISMIC RETROFIT.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the bid submitted by the said Principal be accepted and the contract be awarded to said Principal and said Principal shall within a period of ten (10) business days after such award enter into the contract so awarded and provide the required Performance Bond and provide the required Labor and Material Payment Bond, and timely provide all other endorsements, forms and documents required under Document 00100 Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, The above bounden parties have executed this instrument this __________ day of , 19_____.

(Corporate Seal)

By Principal Surety

(Corporate Seal)

By Attorney in Fact END OF DOCUMENT

Bond Accompanying Bid (10-01) 00411 - 1

JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the contract.

Name and Address of Subcontractor and

Location of Mill or Shop License Number

Description of Work: Reference to

Contract Items

Prices Under Subcontract

(Bidder to attach additional sheets if necessary) END OF DOCUMENT

Subcontractors List (10-02) 00430 - 1


DOCUMENT 00481 NON-COLLUSION AFFIDAVIT Public Contract Code ' 7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )

) ss. CITY OF BERKELEY ) , being first duly sworn, deposes and says (Name of Principal of Bidder) that he or she is of , (Office of Affiant) (Name of Bidder) 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 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, and "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 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 City, or anyone interested in the proposed contract; that all statements "contained" in the bid are true; and further, that Bidder has not, directly or indirectly, submitted its 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.

___________________________________________

___________________________________________ END OF DOCUMENT

Non-Collusion Affidavit (10-01) 00481 - 1


DOCUMENT 00510 AGREEMENT

THIS AGREEMENT, made this day of , __ by and between , whose place of business is located at , hereinafter referred to as “Contractor”, and the City of Berkeley hereinafter referred to as "City", acting under and by virtue of the authority vested in City by the City Charter and the laws of the State of California.

WHEREAS, the City, by its Resolution No. _________________– N.S. adopted on the ___ day of _____________, ______, awarded to Contractor the following contract: SPECIFICATION #16-11052-C

JAMES KENNEY SEISMIC RETROFIT Berkeley, California

NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as

follows: Article I. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in strict accord with the plans,

specifications, and all other terms and conditions of the Contract Documents. Article II. Architect, Project Manager, Construction Manager 2.1 The Project has been designed by, and specifications have been furnished by ELS Architects, who shall have

the rights assigned to Architect/Engineer in the Contract Documents. 2.2 City hereby designates Phil Harrington, Director of Public Works as the Project Manager, and that person

will assume all duties and responsibilities and have the rights and authorities assigned to the Project Manager in the Contract Documents. Project Manager shall have final authority over all matters pertaining to the Contract, and shall have sole authority to modify the Contract on behalf of City, to accept work, and to make decisions or actions binding on City, and shall have sole signature authority on behalf of City. The Project Manager may assign all or part of the Project Manager's rights, responsibilities and duties to a Construction Manager.

Article III. Contract Time and Liquidated Damages 3.1 Contract Time.

The Work will be Substantially Complete within 183 days from the date when the Contract Time commences to run as provided in Document 00700 General Conditions.

The Work will be Finally Complete and ready for final payment in accordance with Section 01700 (Contract Closeout 213 days from the date when the Contract Time commences to run as provided in Document 00700 General Conditions.

Agreement (07-02) 00510 - 1


3.2 Liquidated Damages.

City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss in the form of contract administration expenses (including project management and consultant's expenses), if Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Paragraph 15 of Document 00700 General Conditions, Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:

3.2.1 One Thousand Two Hundred dollars ($1,200) for each day that expires after the time specified herein

for Contractor to achieve Substantial Completion, until Work is Substantially Complete; and,

3.2.2 One Thousand Five Hundred dollars ($1,500) for each day that expires after the time specified herein for Contractor to achieve Final Completion, until Work is Finally Complete.

These measures of liquidated damages shall apply cumulatively and shall be presumed to be, except as provided below, the damages suffered by City resulting from delay in completion of the Work.

3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, lost revenues and

general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.

Article IV. Contract Price 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as

follows: [HERE INSERT LUMP SUM, UNIT PRICES, OR CONTRACTOR'S BID]. Article V. Contractor's Representations

In order to induce City to enter into this Agreement, Contractor makes the following representations and warranties:

5.1 Contractor has visited the site and has examined thoroughly and understood the nature and extent of the

Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface

conditions, as built-drawings, drawings or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, identified in the Bid Documents, or which may appear in the Drawings, and accepts the determination set forth in these documents and Document 00700 General Conditions of the limited extent of the information contained in such reports and drawings upon which the Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.

5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,

tests, reports and studies (in addition to or to supplement those referred to in Article 5.2 above) which pertain

Agreement (07-02) 00510 - 2


to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the site or otherwise which may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,

explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given the Project Manager prompt written notice of all conflicts, errors, ambiguities or

discrepancies that it has discovered in or among the Contract Documents and as-built and actual conditions and the written resolution thereof through Addenda issued by Project Manager is acceptable to Contractor.

Article VI. Contract Documents

The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following:

6.1 Contract Documents consist of the following documents, including all changes, addenda and modifications

thereto, as listed on Document 00003 Table of Contents:

Document 00510 Agreement Document 00520 Escrow Agreement For Security Deposit In Lieu of Retention Document 00530 Agreement and Release of Any and All Claims Document 00610 Performance Bond Document 00620 Labor and Material Bond Document 00680 City of Berkeley Contracting Policies Document 00700 General Conditions Document 00810 Supplemental General Conditions Document 00812 Supplemental General Conditions City of Berkeley Contracting Policies Document 00822 Apprenticeship Program Document 00900 Addenda Specifications Divisions 1 through 16 Drawings, Tables and Schedules listed in Document 00004

6.2 There are no Contract Documents other than those listed above in this Article VI. The Contract Documents

may only be amended, modified or supplemented as provided in Document 00700 General Conditions. Article VII. Miscellaneous

7.1 Terms used in this Agreement are defined in Document 00700 General Conditions and will have the meaning indicated therein.

7.2 It is understood and agreed that in no instance is any party, signing this Agreement for or on behalf of City or

acting as an employee or representative of City, liable on this Contract, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

7.3 The Contract Sum includes all allowances and accepted alternates. Accepted allowances are: $70,000 for

Agreement (07-02) 00510 - 3


replacement of structural members and interior gypsum board damaged by dry rot. Accepted alternates are: TBD

7.4 In entering into a public works contract or a sub-contract 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. § 15) or under the Cartwright Act, (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the sub-contract. This assignment shall be made and become effective at the time City tenders final payment to the Contractor, without further acknowledgment by the parties.

7.5 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or

after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed

to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Manual and on file at City's offices, and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is 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 Contractor shall comply with such provisions before commencing the performance of the work of the contract.

7.7 This Agreement shall be deemed to have been entered into in the City of Berkeley, County of Alameda, State of

California, and governed in all respects by California law.

Agreement (07-02) 00510 - 4


IN WITNESS WHEREOF the parties to these presents have hereunto set their hands and seals and have executed this contract in triplicate the day and year first above written. CITY OF BERKELEY By_______________________________ [INSERT CONTRACTOR NAME]: City Manager By______________________________________ ATTEST: __________________, President CITY OF BERKELEY By_________________________________ By______________________________________ City Clerk __________________, Secretary (Corporate seal when required) REGISTERED BY By_________________________________ City Auditor COPY OF RESOLUTION NO. __________– N.S. Adopted _______________, _____ by the City of Berkeley Pre-approved as to form: CITY ATTORNEY 7/2002 END OF DOCUMENT

Agreement (07-02) 00510 - 5


DOCUMENT 00520

P.C.C. '22300

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement ("Escrow Agreement") is made and entered into this day of , __ by and between the City of Berkeley (“City”), whose address is 2180 Milvia Street, Berkeley, California 94704; ("Contractor"), whose place of business is located at ; and , a state or federally chartered bank in the state of California, whose place of business is located at ("Escrow Agent"). For the consideration hereinafter set forth, City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of Public Contract Code of the State of California, Contractor has the option to

deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract CONTRACT #16-11052-C entered into between City and Contractor for JAMES KENNEY SEISMIC RETROFIT in the amount of $ dated (the "Contract"). Alternatively, on written request of Contractor, City shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify City within ten (10) calendar days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between City and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.

2. City shall make progress payments to Contractor for those funds which otherwise would be withheld from

progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified above.

3. When City makes payment of retention earned directly to Escrow Agent, Escrow Agent shall hold them for the

benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the Parties shall be equally applicable and binding when City pays Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering

the Escrow Account, and all expenses of City. Such expenses and payment terms shall be determined by City, Contractor and Escrow Agent.

5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest

shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by

written notice to Escrow Agent accompanied by written authorization from City to Escrow Agent that City consents to withdrawal of amount sought to be withdrawn by Contractor.

7. City shall have the right to draw upon the securities in event of default by Contractor. Upon seven (7) days

written notice to Escrow Agent from City of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City.

8. Upon receipt of written notification from City certifying that the Contract is final and complete, and that

Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall

Escrow Agreement for Security in Lieu of Retention (10-01) 00520 - 1


release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on written notifications from City and Contractor pursuant to Paragraphs 5 through 8,

inclusive, of this Escrow Agreement and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above.

10. Names of persons who are authorized to give written notice or to receive written notice on behalf of City and on

behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of City: On behalf of Contractor: _____________________________________ _______________________________________ Title Title _____________________________________ _______________________________________ Name Name _____________________________________ _______________________________________ Signature Signature _____________________________________ _______________________________________ Address Address On behalf of Escrow Agent: ____________________________________ Title ____________________________________ Name ____________________________________ Signature ____________________________________ Address At the time the Escrow Account is opened, City and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Agreement.



IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. City Contractor ____________________________________ _______________________________________ ____________________________________ _______________________________________ Title Title ____________________________________ _______________________________________ Name Name ____________________________________ _______________________________________ Signature Signature Escrow Agent ____________________________________ ____________________________________ Title ____________________________________ Name ____________________________________ Signature END OF DOCUMENT



DOCUMENT 00530 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS This Agreement and Release of Claims ("Agreement and Release"), made and entered into this day of , , by and between the City of Berkeley (“City"), and ("Contractor"), whose place of business is at . RECITALS 1. City and Contractor entered into Contract # (“Contract”) in the City of Berkeley, County of

Alameda, State of California. 2. The Work under Contract has been completed.

Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 3. Contractor will not be assessed liquidated damages except as detailed below:

Original Contract Sum $ ___________________________________

Modified Contract Sum $ ___________________________________

Payment to Date $ ___________________________________

Liquidated Damages $ ___________________________________

Payment Due Contractor $ ___________________________________ 4. Subject to the provisions of this Agreement and Release, City shall forthwith pay to Contractor the sum of $

( Dollars ) under Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment.

5. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute

against City arising from the performance of work under Contract, except for the claims described in Paragraph 6, and continuing obligations described in Paragraph 8, below. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, all its respective agents, employees, inspectors, assignees and transferees except for the Disputed Claims set forth in Paragraph 6, and continuing obligations described in Paragraph 8, below.

6. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the

operation of this Agreement and Release:

Claim No. Date Submitted Description of Claim Amount of Claim

Agreement and Release of Any and All Claims (10-01) 00530 - 1


7. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in Paragraph 4, above, Contractor hereby releases and forever discharges City, all its agents, employees, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the work under the Contract.

8. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full

force and effect as specified in the Contract Documents. 9. Contractor shall immediately defend, indemnify and hold harmless City, all its respective agents, employees,

inspectors, assignees and transferees from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of Contract, except for the Disputed Claims set forth in Paragraph 6, above.

10. Contractor hereby waives the provisions of California Civil Code Section 1542 which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor.

11. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be

considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, City, municipal or other law, ruling or regulations, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable.

12. All rights of City shall survive completion of the Work or termination of Contract, and execution of this

Release. * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * City CONTRACTOR BY:_____________________________________ BY:_________________________________________ Its _____________________________________

END OF DOCUMENT

Agreement and Release of Any and All Claims (10-01) 00530 - 2


DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND This Construction Performance Bond (“Bond”) is dated , is in the penal sum of $_______________________ (Contract Price), and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 12, attached to this page. Any singular reference to ("Contractor"), ("Surety"), the City of Berkeley ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: ___________________________________ _____________________________________ Name Name ___________________________________ _____________________________________ Address Principal Place of Business CITY OF BERKELEY CONSTRUCTION CONTRACT:

JAMES KENNEY SEISMIC RETROFIT

___________________________________ Address

The Contract 16-11052-C

at 1720 8TH STREET, BERKELEY, CA 94710

DATED , ______ in the amount of $________________________.

CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: ____________________________ _________________________________ Name and Title: Name and Title:

Construction Performance Bond (10-01) 00610 - 1


BOND TERMS AND CONDITIONS

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,

successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor completely and properly performs all of its obligations under the Construction Contract,

the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no City Default, the Surety's obligation under this Bond shall arise after:

3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 City has agreed to pay the Balance of the Contract Sum to:

3.2.1 The Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a contractor selected to perform the Construction Contract in accordance with the

terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of Paragraph 3, the Surety shall promptly (within thirty (30) days)

and at the Surety's expense elect to take one of the following actions:

4.1 Arrange for the Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through

independent contractors; or

4.3 Obtain bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if the Surety's obligations defined in Paragraph 6, below, exceed the Balance of the Contract Sum, then the Surety shall pay to City the amount of such excess; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and

with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith the amount for which it may then be liable to City under Paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts the Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce the Surety's liability under paragraph 6, below.



5. If the Surety does not proceed as provided in Paragraph 4, above, then the Surety shall be deemed to be in

default on this Bond ten (10) days after receipt of an additional written notice from City to the Surety demanding that the Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, or coordinate work with other consultants or contractors.

6. The Surety's monetary obligation under this Bond is limited by the amount of this Bond. Subject to these

limits, the Surety's obligations under this Bond are commensurate with the obligations of the Contractor under the Construction Contract. The Surety's obligations shall include, but are not limited to:

6.1 The responsibilities of the Contractor under the Construction Contract for completion of the

Construction Contract and correction of defective work;

6.2 The responsibilities of the Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract, including but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages;

6.3 Additional legal, design professional and delay costs resulting from the Contractor Default or

resulting from the actions or failure to act of the Surety under Paragraph 4, above. 7. No right of action shall accrue on this Bond to any person or entity other than City or its heirs, executors,

administrators, or successors. 8. The Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to

related subcontracts, purchase orders and other obligations, including changes of time. The Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.

9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent

jurisdiction where a proceeding is pending between City and the Contractor regarding the Construction Contract, or in the courts of the City of Berkeley, or in a court of competent jurisdiction in the location in which the work is located.

10. Notice to the Surety, City or the Contractor shall be mailed or delivered to the address shown on the

signature page. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed

deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.

12. Definitions.

12.1 Balance of the Contract Sum: The total amount payable by City to the Contractor pursuant to the

terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract.

12.2 Construction Contract: The agreement between City and the Contractor identified on the signature

page, including all Contract Documents and changes thereto.



12.3 Contractor Default: Material failure of the Contractor, which has neither been remedied nor

waived, to perform or otherwise to comply with the terms of the Construction Contract, including but not limited to, the provisions of Paragraph 1.13.G of Document 00700 General Conditions.

12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay the

Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT



DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND This Construction Labor and Material Payment Bond ("Bond") is dated , is in the penal sum of $ (Contract Price), and is entered into by and between the parties listed below to ensure the payment of claimants under of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to ("Contractor"), ("Surety"), City of Berkeley ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Name Name Address Principal Place of Business

CONSTRUCTION CONTRACT CITY OF BERKELEY JAMES KENNEY SEISMIC RETROFIT Address

The Contract 16-11052-C

at 1720 8TH STREET, BERKELEY, CA 94710

DATED , __ in the amount of $ .

CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title:

Construction labor And Material Bond (10-01) 00620 - 1


BOND TERMS AND CONDITIONS 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,

successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.

2. With respect to City, this obligation shall be null and void if the Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no City Default.

3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment,

directly or indirectly through its subcontractors, for all sums due Claimants. However, if Contractor or its subcontractors fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay for the same, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

4. Consistent with the California Mechanic's Lien Law, Civil Code '3082, et seq., the Surety shall have no

obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be

credited for any payments made in good faith by the Surety under this Bond. 6. Amounts due the Contractor under the Construction Contract shall be applied first to satisfy claims, if any,

under any Construction Performance Bond and second, to satisfy obligations of the Contractor and the Surety under this Bond.

7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this bond,

and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to

related subcontracts, purchase orders and other obligations. 9. Suit against Surety on this Payment Bond may be brought by any Claimant, or its assigns, at any time after the

Claimant has furnished the last of the labor or materials, or both, but, per Civil Code '3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code '3184.

10. Notice to the Surety, City or the Contractor shall be mailed or delivered to the address shown on the signature

page. Actual receipt of notice by Surety, City or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.



11. This Bond has been furnished to comply with the California Mechanic's Lien Law, including, but not limited to, Civil Code ''3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall

promptly furnish a copy of this Bond or shall permit a copy to be made. 13. DEFINITIONS

13.1.1 Claimant: An individual or entity having a direct contract with this Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code '3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code '3248(b).

13.1.2 Construction Contract: The agreement between City and the Contractor identified on the signature

page, including all Contract Documents and changes thereto.

13.1.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract.

END OF DOCUMENT



DOCUMENT 00680

CITY OF BERKELEY CONTRACTING POLICIES Contractor shall comply with the City of Berkeley’s adopted employment policies applying to City construction projects as described in Document 00812. The following certifications/forms shall be submitted in accordance with Document 00100 Instructions to Bidders: • Memorandum of Understanding • Workforce Composition Form • Agreement for Change in Subcontractors • Nuclear Free Zone Disclosure Form • Oppressive States Compliance Statement • Hardwood Disclosure Form • Certification Of Compliance With Equal Benefits Ordinance • Taxpayer Identification Report

• Right to Audit

City of Berkeley – Contracting Policy (11-02) 00680-1


CITY OF BERKELEY MEMORANDUM OF UNDERSTANDING

(MOU) 1. The Contractor (and all Subcontractors) agree not to discriminate pursuant to City Ordinance No.

5876. 2. The Contractor agrees that he/she is also responsible for his/her Subcontractors' compliance with

City of Berkeley Ordinance No. 5876. The Contractor agrees to submit periodic employment and wage reports to the City's Contract Compliance Officer upon reasonable request. Contractor City of Berkeley Date Date



CITY OF BERKELEY AGREEMENT FOR CHANGE IN SUB-CONTRACTORS I agree to use the Subcontractor(s) listed in the signed contract with the City of Berkeley. If it should become necessary to change Subcontractors, I will notify the Capital Projects Manager by completing the following information:

Signed by: Verified by: ______________________ Prime Contractor Subcontractor City of Berkeley Date: Date: Date: ___________

Current Subcontractor(s) Alternate Subcontractors Reason for Change Date

City of Berkeley Contracting Policies – Agreement for Change in Sub-Contractors (11-02) 00680-3


CITY OF BERKELEY WORKFORCE COMPOSITION FORM FOR ALL CONSTRUCTION CONTRACTS The Contractor and all Subcontractors who will do work valued at $3,000 or more are required to submit this form. Weekly payroll reports will be compared to this listing. A payroll printout or other listing of employees providing the same information will be accepted. Name of Contractor/Subcontractor: Project:

Name

Race*

Sex**

Trade/Craft

Basic Hourly Rate

Hire Date

Employees to be used on this job

* A=Asian or Pacific Islander **M = Male Signature: Date: AI=American Indian **F = Female Contractor/Subcontractor B=Afro American C=Caucasian H=Hispanic (Mexican, Puerto Rican, Verified By: Date: Spanish, Cuban, Chicano, Central City of Berkeley or South American)

8/91

City of Berkeley Contracting Policies – Workforce Composition (11-02) 00680-4


CITY OF BERKELEY NUCLEAR FREE ZONE DISCLOSURE FORM

I (we) certify that: 1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by this business entity, and of any such that are anticipated to be entered into, produced or handled for the duration of its contract(s) with the City of Berkeley. (To this end, this disclosure form may be signed by more than one individual, if a description of which type of contracts each individual is cognizant is attached.) 2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any person or business that knowingly engages in work for nuclear weapons. 3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code section 12.90.130:

"Work for nuclear weapons" is any work the purpose of which is the development, testing, production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or any secret or classified research or evaluation of nuclear weapons; or any operation, management or administration of such work.

"Nuclear weapon" is any device, the intended explosion of which results from the energy released by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of the weapon.

"Component of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear weapon).

4. Neither this business entity nor its parent nor any of its subsidiaries engages in work for nuclear weapons or anticipates entering into such work for the duration of its contract(s) with the City of Berkeley. I (we) declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Signed: Date: Printed Name and Title(s): Company:



CITY OF BERKELEY Oppressive States Compliance Statement

The undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of Berkeley City Council Resolution No. 59,853-N.S (hereafter "Resolution"). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes. Contractor understands the meaning of the following terms used in the Resolution: "Business Entity" means "any individual, firm, partnership, corporation, association, or any other

commercial organization, including parent-entities and wholly-owned subsidiaries" (to the extent that their operations are related to the purpose of the contract with the City).

"Personal Services" means "the performance of any work or labor and shall also include acting as

an independent contractor or providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship."

"Oppressive State" means: 1) Tibet Autonomous Region and the Provinces of Ado, Kham, and U-Tsang. Contractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any time during the term of the contract, it provides Personal Services to: a. The governing regime in any Oppressive State. b. Any business or corporation organized under the authority of the governing

regime of any Oppressive State. c. Any person for the express purpose of assisting in business operations or trading

with any public or private entity located in any Oppressive State. Contractor further understands and agrees that Contractor's failure to comply with the Resolution shall constitute a default of the contract and the City Manager may terminate the contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination. The undersigned is familiar with, or has made a reasonable effort to become familiar with, Contractor's business structure and the geographic extent of its operations. By executing this Statement, Contractor certifies that it complies with the requirements of the Resolution and that if any time during the term of the contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: Title: _________________________________ Signed: Date: __________________________________ Business Entity: Contract description/Specification No. 16-11052-C I am unable to execute this Statement; however, Contractor is exempt under Section VII of the Resolution. I have attached a separate statement explaining the reason(s) Contractor cannot comply and the basis for any requested exemption. Signed: ________________________________ Date: ________________________________



CITY OF BERKELEY HARDWOOD DISCLOSURE FORM For use by vendors on contracts utilizing lumber 1. I understand that on December 12, 1995, the City Council directed staff not to

purchase lumber from companies that purchase or sell wood or paper products that come from tropical rainforests. I understand that wood species with tropical origins include, but are not limited to: Apitong, Banak, Bocote, Bubinga, Cocobolo, Cordia, Ebony, Goncalo alves, Greenheart, Iroko, Jelutang, Koa, Luauan, Mahogany, Meranti, Padauk, Purpleheart, Ramin, Rosewood, Satinwood, Teak, Virola, Wenge, and Zebrawood.

2. I am knowledgeable about the wood and paper products purchased and sold by

this company. 3. This company does not currently purchase or sell wood or paper products having

their origins in tropical rainforests. In addition, this company will not, for the duration of its contract with the City of Berkeley, purchase or sell wood or paper products having their origins in tropical rainforests.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Signed: Date: Printed Name & Title: Company: I am unable to sign this disclosure form for the following reason(s):



Certification of Compliance With Equal Benefits Ordinance



Certification of Compliance With Equal Benefits Ordinance City of Berkeley – Contracting Policy

(11-02) 00680-8


TAXPAYER IDENTIFICATION REPORT NAME/COMPANY'S NAME: MAILING ADDRESS: SOCIAL SECURITY NO.: OR EMPLOYER IDENTIFICATION NO.: My Company is a Corporation [ ] My Company is not a Corporation [ ] I certify that the above information is true and correct: (Signature) (Title) The Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248) requires the above reporting information be furnished to the City. Persons who do not furnish their tax information numbers become subject to backup withholding by the City at a rate of 20% from each disbursement made to the recipient.



CITY OF BERKELEY RIGHT TO AUDIT FORM

The Contractor agrees that pursuant to Section 61 of the Berkeley City Charter, the City Auditor's office may conduct an audit of Contractor's financial, performance and compliance records maintained in connection with the operations and services performed under this contract. In the event of such audit, Contractor agrees to provide the Auditor with reasonable access to Contractor's employees and make all such financial, performance and compliance records available to the Auditor's office. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed. Contractor's signature _____________________________ Date: _________________ Print Name and Title: ______________________________________________________ Company: _____________________________________________________________

END OF DOCUMENT



DOCUMENT 00700

GENERAL CONDITIONS TABLE OF CONTENTS 1. General A. Documents B. Exercise Of Contract Responsibilities 2. Bidding A. Bid Submissions B. Investigation Prior To Bidding C. Subcontractors 3. Contract Award And Commencement Of The Work A. Award Of Contract B. Commencement Of Work 4. Bonds And Insurance A. Bonds B. Insurance 5. Drawings And Specifications A. Intent B. Drawing Details C. Interpretation Of Drawings And Specifications D. Checking Of Drawings E. Standards To Apply Where Detailed Specifications Are Not Furnished F. Deviations From Specifications And Drawings G. Precedence Of Documents H. Ownership And Use Of Drawings, Specifications And Other Contract Documents 6. Construction By City Or By Separate Contractors A. City's Right To Perform Construction And To Award Separate Contracts B. Mutual Responsibility C. Project Manager Authority Over Coordination 7. City And Payment A. City's Representatives B. Means And Methods Of Construction C. Receipt And Processing Of Applications For Payment 8. Control Of The Work A. Supervision Of Work By Contractor B. Observation Of Work By Project Manager And Architect/Engineer C. Access To Work Site D. Existing Utilities 9. Warranty, Guarantee And Inspection of Work A. Warranty And Guarantee B. Inspection Of Work C. Correction Of Defective Work

General Conditions (10-01) 00700 - 1


D. Acceptance And Correction Of Defective Work By City E. Rights Upon Inspection Or Correction F. Samples And Tests Of Materials And Work G. Proof Of Compliance With Contract Provisions H. Acceptance 10. Contractor's Organization And Equipment A. Contractor's Legal Address B. Contractor's Office At The Work Site C. Contractor's Superintendents Or Forepersons D. Proficiency In English E. Contractor's Employees F. Contractor To Supply Sufficient Workers And Materials G. Contractor To List Trades Working 11. Prosecution And Progress Of The Work A. Schedules And Examination Of Contract Documents B. Lines And Grades, Measurements C. Cost Data 12. Claims By Contractor A. General B. Procedure C. Claim Format D. Exclusive Remedy E. Mediation 13. Legal And Miscellaneous A. Laws And Regulations B. Permits And Taxes C. Responsibility Of Contractor And Indemnification D. Notice Of Concealed Or Unknown Conditions E. Notice Of Hazardous Waste Or Materials Conditions F. Suspension Of Work G. Termination Of Contract For Cause H. Termination Of Contract For Convenience I. Contingent Assignment Of Subcontractors J. Remedies K. Patents L. Substitution For Patented And Specified Articles M. Interest Of Public Officers N. Limit Of Liability

O. Severability P. Press Release And Confidentiality Q. No Third Party Beneficiaries R. City Acting In Its Proprietary Capacity S. Municipal Affairs

14. Modifications Of Contract A. Alterations, Modifications And Force-Account Work B. Entire Agreement C. Effect Of Waivers



15. Time Allowances A. Time Allowance For Performance Of Contract B. Change Of Contract Times C. Notice Of Delay D. No Damage For Contractor Caused Delay E. Liquidated Damages 16. Working Conditions And Prevailing Wages A. Use of Site/Sanitary Rules B. Protection Of Work, Person And Property C. Responsibility For Safety And Health D. Emergencies E. Use Of Roadways And Walkways F. Nondiscrimination

G. Prevailing Wages H. Public Convenience



GENERAL CONDITIONS 1. GENERAL A. DOCUMENTS

The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between Architect/Engineer or Construction Manager and Contractor, (2) between City or its representatives and a Subcontractor or Sub-sub-contractor or (3) between any persons or entities other than City and Contractor. Contractor is fully responsible for all acts and omissions of its Subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions.

B. EXERCISE OF CONTRACT RESPONSIBILITIES

City, and Project Manager, as City's representative, do not, in exercising their responsibilities and authorities under the Contract Documents, assume any duties or responsibilities to any subcontractor or supplier, nor do City or Project Manager assume any duty of care to Contractor, its subcontractors, or suppliers. Architect/Engineer and/or Construction Manager, in exercising their responsibilities and authorities under the Contract Documents, do not assume any duties or responsibilities to any subcontractor or supplier, nor do they assume any duty of care to Contractor, its Subcontractors, or suppliers, except as expressly set forth in the Contract Documents. However, Architect/Engineer and/or Construction Manager shall be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties.

2. BIDDING A. BID SUBMISSIONS

Contractors shall follow the instructions in Document 00100, Instructions to Bidders, and shall submit all documents, forms and information required for consideration of a bid. City will evaluate qualification information submitted by apparent low Bidder and, if incomplete or unsatisfactory to City, Bidder's bid may be rejected, in the sole discretion of City.

B. INVESTIGATION PRIOR TO BIDDING

1. Bidders must, prior to bidding, perform the work, investigations, research and analysis required by Article V of Document 00510 Agreement. Contractor under this Contract is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research and analysis. Bid prices must include entire cost of all work "incidental" to completion of the Work, as that term is defined in Paragraph 5 of this Document.

2. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built

conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, City only warrants, and Contractor may only rely, on the accuracy of limited types of information.

a. As to above-ground conditions the Contractor is required to carefully examine the site of the

work and satisfy himself as to the as-built conditions. The Contractor is charged with the knowledge that would be obtained by a reasonable, independent investigation of the site. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is fully aware of the conditions and difficulties to be encountered, of the character, quality and quantities of work to be performed and materials to be furnished.



b. As to any subsurface condition shown or indicated in the Contract Documents, Contractor may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. City is not responsible for the completeness of such information for bidding or construction; nor is City responsible in any way for any conclusions or opinions of Contractor drawn from such information.

3. Conditions Shown In Reports and Drawings Supplied for Informational Purposes: Reference is made to

Document 00220 Geotechnical Data and Existing Conditions for identification of geotechnical reports, "as built" information, and other drawings or other documents describing physical conditions in or relating to existing surface or subsurface conditions or structures at or contiguous to the Site.

These reports and drawings are not Contract Documents and, except for any "technical data" regarding subsurface conditions specifically identified in Document 00220 Geotechnical Data and Existing Conditions, and "Underground Facilities" data (as limited in Document 00220), Contractor may not in any manner rely on the information in these reports and drawings unless Contractor has made its own reasonable independent investigation of all conditions affecting the Work. Any perceived error, omission, conflict or ambiguity observed by the Contractor during his investigation shall be immediately brought to the attention of the Project Manager. Contractor shall not be entitled to additional compensation if a reasonable review and comparison of the documents listed in Document 220 and the Contract Documents would have uncovered the error, omission, conflict or ambiguity. [City reserves the right not to use Document 00220 if such information is not available.]

C. SUBCONTRACTORS

In accordance with Public Contract Code Section 4101 et seq., Contractor shall not substitute any other person or firm as a subcontractor in place of any of those listed in bid, nor shall any subcontractor assign or transfer subcontract, or permit the same to be performed by any other contractor without written approval of City. At City's request, Contractor shall provide City with a complete copy of all executed subcontracts or other final contractual agreements with subcontractors and/or suppliers.

3. CONTRACT AWARD AND COMMENCEMENT OF THE WORK A. AWARD OF CONTRACT

City will make the Award of Contract by issuing a Notice of Award. Contractor will be allowed ten (10) business days after receipt of the Notice of Award to deliver to City the Contract with signature affixed thereto, together with bonds prescribed by this Agreement. (See Paragraphs on surety bonds and certificates of insurance.) City will return to the Contractor a fully executed Contract within twenty (20) business days of its receipt from Contractor.

B. COMMENCEMENT OF WORK

The Contract Times will commence to run on the thirtieth (30th) day after the issuance of the Notice of Award, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within thirty (30) days after the Notice of Award. City reserves the right to set the commencement date at any time within sixty (60) days of Contract Award if a Notice to Proceed is given. See also Paragraph 15 hereof. 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.



4. BONDS AND INSURANCE A. BONDS

1. At or before 5 o'clock p.m. of the tenth (10) business day following Notice of Award of Contract, Contractor must file with City the following bonds:

a. Corporate surety bond, in the form of Document 00610 Performance Bond, in a sum not less than

100 percent of amount of Contract, to guarantee faithful performance of Contract ("Performance Bond"); and

b. Corporate surety bond, in the form of Document 00620 Labor and Material Bond, in a sum not

less than 100 percent of amount of Contract, to guarantee payment of wages for services engaged and of bills contracted for materials, supplies, and equipment used in performance of Contract ("Labor and Material Bond").

2. Corporate sureties on these bonds and on bonds accompanying Bids must be legally authorized to

engage in business of furnishing surety bonds in State of California. Sureties must be satisfactory to City.

3. Amount of Contract, as used to determine amounts of bonds, shall be total amount fixed in

Contractor's Bid for performance of required Work (or corrected total if errors are found.) B. INSURANCE

1. By 5 o'clock p.m. of the tenth (10) business day following Notice of Award of Contract, Contractor shall furnish to City satisfactory proof that Contractor has taken out for the entire period covered by proposed contract the following types of insurance with an insurance carrier having an A.M. Best rating of VII or higher:

a. Comprehensive general liability insurance with limits as specified in Document 00810,

Supplemental General Conditions, each occurrence Bodily Injury and as specified in Document 00810, each occurrence Property Damage, including contractual liability, explosion, collapse and underground (XCU), broadform property damages, City's and Contractor's protective, and completed operations coverages. No subsidence exclusion will be accepted.

b. Comprehensive automobile liability insurance with limits as specified in Document 00810, each

person Bodily Injury, as specified in Document 00810, each occurrence Bodily Injury and as specified in Document 00810, each occurrence Property Damage, including coverage for owned, non-owned and hired vehicles.

c. All-risk course of construction insurance in an amount as specified in Document 00810, including

fire damage to property owned by City, contractor or third parties. Any deductible shall not exceed the amount specified in Document 00810, each loss and shall be borne by Contractor.

d. Environmental Liability Insurance, with limits as specified in Document 810 each occurrence,

including environmental impairment and remediation coverage, pollution liability, asbestos liability, lead paint removal, and hazardous material transportation coverages. Said policy shall cover claims arising out of hazardous material and hazardous waste remediation, storage, transportation and disposal. Said policy shall provide Bodily Injury and Property Damage Liability coverage with respect to environmental pollution damage resulting from the contractor=s asbestos or hazardous materials abatement activities at the project site and shall include Completed Operations coverage.



e. Full workers' compensation insurance for all persons whom Bidder may employ in carrying out Work contemplated under Contract, in accordance with Act of Legislature of State of California, known as "Workers' Compensation Insurance and Safety Act", approved May 26, 1913, and All Acts amendatory or supplemental thereto. Workers' compensation policy shall include Employer Liability Insurance with limits as specified in Document 00810, each accident.

2. Insurance policies shall contain an endorsement containing the following terms:

a. City, their employees, representatives and agents, construction managers and Architect/Engineer,

shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured.

b. The policies shall apply separately to each insured against whom claim is made or suit is brought

except with respect to the limits of the company's liability.

c. Written notice of cancellation or of any limits reduction change in said policy shall be mailed to the City, the Project Manager and the Construction Manager thirty (30) days in advance of the effective date thereof, and ten (10) days written notice to the same in advance of payment of any insurance claims under such policies to any person, firm or entity

d. Contractor's insurance shall be primary insurance and no other insurance or self insured retention

carried or held by City shall be called upon to contribute to a loss covered by insurance for the named insured. Policies shall include cross-liability and severability of interest clauses or endorsements.

e. Automobile liability insurance coverage carried by Contractor , or by any sub-hauler hired by

Contractor, shall include Endorsement MCS 90, or its equivalent, with limits of not less than $1 million per accident, to cover liability for transportation of hazardous material.

3. Certificates of Insurance and Endorsements shall have clearly typed thereon City Contract number

and title of Contract.

4. At time of making application for extension of time, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time.

5. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor

or any sub-contractor may be held responsible for payment of damages resulting from their operations.

6. Required minimum amounts of insurance may be increased should conditions of Work, in opinion

of City, warrant such increase, and Contractor shall increase amounts of insurance required herein when so directed by City to such higher amounts as City may direct.

7. Insurance shall be maintained by Contractor in full force and effect during entire period of

performance of Contract and shall be kept in force during warranty and guarantee periods, except:

a. All-risk course of construction insurance may be discontinued after final payment.

b. If Environmental Liability coverage is written on a AClaims Made@ basis, coverage must be maintained for a minimum of three years following Final Completion of the contract, and any Retroactive Date in the original policy covering this Contract, or in any successive policies required herein, shall not be later than the effective date of the construction contract. (In lieu of maintaining successive policies after Final Completion of the project, the contractor may elect to provide in the original policy an extended discovery period of not less than 36 months



after Final Completion.)

8. If Contractor fails to maintain insurance, City may take out insurance to cover any damages of the above mentioned classes for which City might be held liable on account of Contractor's failure to pay such damages, or compensation which City might be liable to under provisions of Workers' Compensation Insurance and Safety Act, by reason of employee of Contractor being injured or killed, and deduct and retain amount of premium from any sums due Contractor under Contract.

9. If injury occurs to employee of Contractor for which employee, or employee's dependents in the

event of employee's death, is entitled to compensation from City under provisions of Workers' Compensation Insurance and Safety Act as amended, or for which compensation is claimed from City, City may retain out of sums due Contractor under Contract, amount sufficient to cover such compensation, as fixed by Act as amended, until such compensation is paid, or until it is determined that no compensation is due, and if City is compelled to pay compensation, City will deduct and retain from such sums amount so paid.

5. DRAWINGS AND SPECIFICATIONS A. INTENT The Contract Documents are complementary; what is called for by one is as binding as if called for by all. It is the

intent of the Drawings and Specifications to describe a functionally complete and operable Project (and all parts thereof) to be constructed in accordance with the requirements of the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the requirements of the Contract Documents or from prevailing custom or trade usage as being required to produce this intended result will be furnished and performed whether or not specifically called for. When words 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. The intent of the Drawings specifically includes the intent to depict construction that complies with all applicable laws, codes and standards. The Divisions and Sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or suppliers or delineating the work to be performed by any specific trade.

Reasonably implied parts of the Work shall be performed as "incidental work" even though absent from the

Drawings and Specifications. "Incidental" work shall be performed by Contractor without extra cost to City. Incidental work includes any work not shown on Drawings nor described in Specifications, but which is necessary or normally or customarily required as a part of the Work shown on the Drawings or described in the Specifications, or is necessary or required to make each installation satisfactory, legally operable, functional, consistent with the intent of the Drawings and Specifications or the requirements of the Contract Documents. Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and expense thereof shall be included in price bid. Incidental work includes, but is not limited to, tasks required to be performed under Division 1 of Specifications.

B. DRAWING DETAILS A typical or representative detail on the Drawings shall constitute the standard for workmanship and material

throughout corresponding parts of Work. Where necessary, and where reasonably inferable from the Drawings, Contractor shall adapt such representative detail for application to such corresponding parts of Work. Repetitive features shown in outline on the Drawing shall be in exact accordance with corresponding features completely shown.



C. INTERPRETATION OF DRAWINGS AND SPECIFICATIONS Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the

Drawings and Specifications prepared by Architect/Engineer, the matter shall be referred to the Project Manager in writing, with a copy to Architect/Engineer. Architect/Engineer shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Drawings and Specifications as Architect/Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Drawings and Specifications. Such written clarifications and interpretations will be binding upon Contractor, unless City in its discretion directs otherwise. Contractor shall not carry on work except with the knowledge of Project Manager. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Sum or Contract Times and the parties are unable to agree to the amount or extent thereof, if any, then Contractor shall perform the Work subject to the clarification and may make a written claim therefor as provided in Paragraph 12.

D. CHECKING OF DRAWINGS Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents

and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall be responsible for any errors which might have been avoided by such comparison. Figures shown on Drawings shall be followed; do not scale measurements. The Contractor shall promptly report in writing to the Project Manager and Architect/Engineer, any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Architect/Engineer before proceeding with any Work affected thereby.

E. STANDARDS TO APPLY WHERE DETAILED SPECIFICATIONS ARE NOT FURNISHED Wherever in Specifications, or in any orders given by Project Manager or Architect/Engineer pursuant to or

supplementing Specifications, it is provided that Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the following general specifications shall apply. Materials or manufactured articles shall be of the best grade, in quality and workmanship, obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. Work for which no detailed specifications are set forth herein shall conform to the usual standards for first-class work of the kind required. Contractor shall specify in writing to Project Manager the materials used or work performed under this section no later than five (5) business days prior to furnishing such materials or performance of such work.

F. DEVIATIONS FROM SPECIFICATIONS AND DRAWINGS 1. No modification or deviation from the drawings and specifications will be permitted. Contractor must

perform work in strict accord with Drawings and Specifications. No order for any alteration, modification or extra which shall increase or decrease the cost of work shall be valid unless the resulting increase or decrease in price shall have been agreed upon in writing, and the order signed by Contractor and Project Manager (or other authorized officer representing City). Deviations from Drawings and from the dimensions therein given, or from the Specifications, whether or not error is believed to exist, shall be made only when approved in writing by Project Manager.

2. Project Manager may order that locations, lines and grades for Work vary from those shown on Drawings.

Changes may be made in location, lines or grades for Work under any item of Contract. No extra payment in addition to unit price fixed in Contract for Work under respective items will be allowed on account of variations from Drawings in unit price items. In lump sum contracts, or where there are no unit price items covering work affected by variations of locations, lines or grades, all changes in Contract will be made in accordance with Paragraph 14, Modifications.



G. PRECEDENCE OF DOCUMENTS In the case of discrepancy or ambiguity in the Contract Documents, the following order of precedence shall

prevail: 1. Modifications in inverse chronological order, and in the same order as specific portions they are

modifying. 2. Signed Agreement, and terms and conditions referenced therein. 3. Supplementary or Special Conditions. 4. General Conditions. 5. Division 1 Specifications. 6. Division 2 through 16 Specifications and Drawings. 7. Written numbers over figures, unless obviously incorrect. 8. Figured dimensions over scaled dimensions. 9. Large-scale Drawings over small-scale Drawings. However, in the case of discrepancy or ambiguity solely between and among the Drawings and Specifications

referenced in item 6 immediately above, the discrepancy or ambiguity shall be resolved in favor of the interpretation that will provide City with the functionally complete and operable Project described in the Drawings and Specifications and if that does not resolve the discrepancy or ambiguity, then the Specifications govern over the Drawings.

H. OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS The Contract Documents were prepared for use for the Work of this Contract only. No part of the Contract

Documents shall be used for any other construction or for any other purpose except with the written consent of City. Any unauthorized use of the Contract Documents is prohibited and at the sole liability of the user.

6. CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS A. CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS City may perform construction or operations related to the Project with its own forces, or award separate contracts

in connection with other portions of the Project or other construction or operations, on the site or areas contiguous to the site, under Conditions of the Contract similar to these (including those portions related to insurance and waiver of subrogation), or have other work performed by utility owners. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate City/Contractor Agreement.

B. MUTUAL RESPONSIBILITY 1. Contractor shall afford all other contractors, utility owners, and City (if City is performing work with its own

forces), proper and safe access to the site, and reasonable opportunity for the installation and storage of their materials, shall ensure that the execution of its Work properly connects and coordinates with their work, and shall cooperate with them to facilitate the progress of the Work.



2. Contractor shall coordinate its work with the work of other separate contractors, City, and utility owners, including the holding monthly of coordination meetings with them. City or its designee shall have the right to participate in these coordination meetings, and shall be advised of the results of these coordination meetings at the Progress Meeting.

3. Unless otherwise provided in the Contract Documents, 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. 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 Project Manager and the others whose work will be affected.

4. The duties and responsibilities of Contractor under paragraphs 6.B.1 to 6.B.3 above are for the benefit of

City and also for the benefit of such utility owners and other contractors working at the site to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between City and such utility owners and other contractors.

5. To the extent that any part of Contractor's Work is to interface with work performed or installed by other

contractors, Contractor shall inspect and measure the in-place work and promptly report to Project Manager in writing any defect in such in-place work that will impede or increase the cost of Contractor's interface unless corrected. Project Manager and/or its authorized representative will require the Contractor responsible for the defective work to make corrections so as to conform to its contract requirements, or, if the defect is the result of an error or omission in the Contract Documents, issue a change order. If Contractor fails to measure, inspect and/or report to Project Manager in writing defects that are reasonably discoverable, all costs of accomplishing the interface acceptably shall be borne by Contractor. This provision shall be included in any and all other contracts or subcontracts for Work to be performed where such a conflict could exist.

C. PROJECT MANAGER AUTHORITY OVER COORDINATION 1. Project Manager shall have authority over coordination of the activities of multiple contractors in those cases

where City contracts with others for the performance of other work on the Project, City performs work with its own forces, or utilities perform work on the site. (The authority of Project Manager with respect to coordination of the activities of multiple prime contractors and utility owners, however, shall not in any manner relieve Contractor of its obligation to other contractors and utility owners to coordinate its work with utility owners and other contractors as specified above.) Contractor shall promptly notify Project Manager in writing when another contractor on this Project fails to coordinate its work with the Work of this Contract.

2. Contractor shall suspend any part of the Work herein specified or shall carry on the same in such manner if

directed by Project Manager when such suspension or prosecution is necessary to facilitate the work of other contractors or workers. No damages or claims by Contractor will be allowed therefor if the suspension or work change is due in whole or in part to Contractor's failure to perform its obligation herein specified to coordinate its work with utility owners and other contractors. If the suspension or work change is due in whole or in part to the failure of another contractor to coordinate its work with Contractor and other contractors and utility owners, then resulting damages or claims by Contractor will be allowed only to the extent of fault by City. City reserves the right to backcharge Contractor for any damages or claims of other contractors incurred as a result of Contractor's failure to perform its obligations to coordinate with other contractors and utility owners, and in its discretion, may interplead funds retained and Contractor releases City of further liability for such funds.

3. City may at any time and in its sole discretion, designate a person, firm or corporation other than the Project

Manager, to have authority over the coordination of the activities among the various prime contractors.



7. CITY AND PAYMENT A. CITY'S REPRESENTATIVES City's designated authorized representatives will have limited authority to act on behalf of City as set forth in the

Contract Documents. Except as otherwise provided in these General Conditions, City shall issue all communications to Contractor through Project Manager, and Contractor shall issue all communications to the City through Project Manager. All communications between Contractor and Architect/Engineer shall be confirmed in writing and copied to Project Manager.

B. MEANS AND METHODS OF CONSTRUCTION Subject to those rights specifically reserved in the Contract Documents, City and Project Manager shall not

supervise, direct, or have control over, or be responsible for, Contractor's means, methods, techniques, sequences or procedures of construction or for the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performance of Work. City and Project Manager shall not be responsible for Contractor's failure to perform or furnish the Work in accordance with Contract Documents.

C. RECEIPT AND PROCESSING OF APPLICATIONS FOR PAYMENT Contractor shall prepare the necessary schedules required by Section 01025 Measurement and Payment, submit

applications for progress payments or final payments, and warrant title to all Work covered by each application for payment, as required by Section 01025 Measurement and Payment. City shall review Contractor's applications for payment and make payment thereon as required by Section 01025 Measurement and Payment.

8. CONTROL OF THE WORK A. SUPERVISION OF WORK BY CONTRACTOR Contractor shall supervise, inspect and direct the work competently and efficiently, devoting such attention thereto

and applying such personal skills and expertise as may be required and necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents.

Contractor shall keep on the Site at all times during Work progress a competent resident Superintendent, who shall

not be replaced without the express written consent of City. The Superintendent will be Contractor's representative at the site and shall have complete authority to act on behalf of Contractor. All communications to the Superintendent shall be as binding as if given to the Contractor.

B. OBSERVATION OF WORK BY PROJECT MANAGER AND ARCHITECT/ENGINEER 1. Work shall be performed under the general observation and administration of Project Manager. Contractor

shall immediately comply with orders and instructions given in accordance with terms of Contract by Project Manager, or by any authorized assistant, inspector or other representative of Project Manager acting within scope of duties entrusted, but nothing herein contained shall be taken to relieve Contractor of obligations or liabilities under Contract.

2. Architect/Engineer may provide administration of Contract and observation of the Work as hereinafter

described. 3. Architect/Engineer may advise and consult with Project Manager. Architect/Engineer may have authority to

act on behalf of City to extent provided in Contract Documents.



4. Architect/Engineer may visit Site at intervals appropriate to stage of construction to become familiar generally with progress and quality of Work and to determine in general if Work is proceeding in accordance with Contract Documents. However, Architect/Engineer will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of Work. On basis of on-site observations, Architect/Engineer will keep Project Manager informed of progress of Work, and will endeavor to guard City against defects and deficiencies in work of Contractor.

5. Architect/Engineer will not be responsible for and will not have control or charge of construction means,

methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work.

6. Architect/Engineer will not be responsible for or have control or charge over acts or omissions of Contractor,

subcontractors, or any of their agents or employees, or any other persons performing Work. 7. Architect/Engineer may review Contractor's submittals such as Shop Drawings, Product Data and Samples,

but only for conformance with design concept of Work and with information given in Contract Documents. 8. Architect/Engineer may conduct inspections to determine dates of Substantial Completion and Final

Completion, may receive and forward to Project Manager for review written warranties and related documents required by Contract and assembled by Contractor.

9. If City and Architect/Engineer agree, Architect/Engineer will furnish a Resident Project Representative to

assist Architect/Engineer in providing more continuous observation of the Work. The responsibilities and authority and limitations thereof of any Resident Project Representative and assistant will be provided in the Supplementary General Conditions or in written communication to Contractor.

10. Architect/Engineer may issue such written clarifications or interpretations of the requirements of the Contract

Documents (in the form of Drawings and Specifications or otherwise) as Architect/Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on the Contractor, unless City in its discretion directs otherwise. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Times, Contractor must notify Project Manager, in writing, before proceeding with the work. If the parties are unable to agree to the amount or extent thereof, if any, then Contractor shall perform the Work as so clarified or interpreted and may make a written claim therefor as provided in Paragraph 12.

11. Based on the observations of Architect/Engineer, Architect/Engineer may make recommendations to Project

Manager to disapprove or reject Work which Architect/Engineer believes to be defective, or that Architect/Engineer believes will not produce a complete Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Architect/Engineer will also have authority to require special inspection or testing of Work, whether or not the work is fabricated, installed or completed.

C. ACCESS TO WORK SITE During performance of Work, City and its agents, consultants, and employees may at any time enter upon Work,

shops where any part of Work may be in preparation, or factories where any materials for use in Work are being or are to be manufactured, and Contractor shall provide proper and safe facilities therefor, and shall make arrangements with manufacturers to facilitate inspection of their processes and products to such extent as City's interests may require. Other contractors performing work for City may also, for all purposes required by their respective contracts, enter upon Work. Subject to this right, Contractor shall have sole care, custody and control of its work areas.



D. EXISTING UTILITIES 1. Pursuant to Government Code Section 4215, City shall be responsible, as between City and Contractor, for

the timely removal, relocation or protection of existing main or trunk line utility facilities located on the project site, if, and only if, such utilities are not identified in the drawings and specifications made a part of the invitation for bids. City shall compensate Contractor for the cost of locating and repairing damage not due to the failure of Contractor to exercise reasonable care, and removing and relocating such utility facilities not indicated on the drawings and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work, such compensation to be determined in accordance with the provisions of these General Conditions.

2. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or

appurtenances whenever the presence of such utilities on the site can be inferred from the presence of other visible facilities, such as buildings, meters and junction boxes, on or adjacent to the site of the construction. If Contractor, while performing Contract, discovers utility facilities not identified by City in the contract drawings or specifications, it shall immediately notify City and the utility in writing.

9. WARRANTY, GUARANTEE AND INSPECTION OF WORK A. WARRANTY AND GUARANTEE 1. Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing

every phase of the Work to complete the Work in accordance with the terms of the Contract Documents. Contractor warrants that all construction work and construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and all requirements of the Contract Documents. Subject to the last sentence of this paragraph, Contractor warrants that the Work, including but not limited to each item of materials and equipment incorporated therein, shall be new, shall be of suitable grade of its respective kind for its intended use, shall be free from defects in design, engineering, materials, construction and workmanship, and shall conform in all respects with all applicable requirements of federal, state and local laws, licenses, and permits, the Drawings and Specifications and all descriptions set forth therein, applicable construction codes and standards, and all other requirements of the Contract Documents. Notwithstanding the foregoing, Contractor shall not be responsible for the negligence of others in the specification of specific equipment, materials, design parameters, means or methods of construction, where that is specifically shown and expressly required by the Contract Documents.

2. Extended Guarantees: If any guaranty exceeding one year is provided by the supplier or manufacturer of any

equipment used in this Project, then the guarantee for such materials shall be extended for such term. Contractor expressly agrees to act as co-guarantor of such equipment and materials, and contractor shall supply Owner with all warranty and guarantee documents relative to equipment and materials incorporated in the job and guaranteed by their suppliers or manufacturers.

3. Environmental and Toxics Warranty: The covenants, warranties and representations contained in this section

9.A.3 will be effective on the date of recording of the Notice of Completion or, if no such Notice is filed, then on the date of Final Completion and will, survive completion of the project. Contractor covenants, warrants and represents to Owner that:

a. No litigation is pending or, to Contractor's knowledge, proposed, threatened or anticipated with respect

to the Contractor, or with respect to any other matter affecting the Project or the operation thereof. b. To Contractor's knowledge after due inquiry, no lead or asbestos-containing materials were installed or

were discovered in the Project at any time during Contractor's construction thereof. If any such materials were discovered, Contractor made immediate written disclosure to City.



c. To Contractor's knowledge after due inquiry, no electrical transformers, light fixtures with ballasts or other equipment containing PCB's are or were located on the Project at any time during Contractor's construction thereof.

d. To Contractor's knowledge after due inquiry, no storage tanks for gasoline or any other toxic substance

are or were located on the Project at any time during Contractor's construction thereof. e. Contractor's operations concerning the Project are and were not in violation of any applicable

environmental federal, state, or local statute, law or regulation dealing with hazardous materials substances or toxic substances, and no notice from any governmental body has been served upon Contractor claiming any violation of any such law, ordinance, code or regulation, or requiring or calling attention to the need for, any work, repairs, construction, alteration, or installation on or in connection with the Project in order to comply with any such laws, ordinances, codes or regulations, with which Contractor has not complied. If there are any such notices with which Contractor has complied, Contractor shall provide City with copies thereof.

B. INSPECTION OF WORK 1. All materials, equipment and workmanship used in the Work shall be subject to inspection or testing at all

times during construction and/or manufacture in accordance with the terms of this Contract. Work and materials, and manufacture and preparation of materials, from beginning of construction until Final Completion and acceptance of Work, shall be subject to inspection and rejection by Project Manager, its agents, or independent contractors retained by Project Manager to perform inspection services, or governmental agencies with jurisdictional interests. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's site safety procedures and program so that they may comply therewith as applicable.

2. Contractor shall give Project Manager timely notice of readiness of the Work for all required inspections,

tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

3. If applicable 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, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, and furnish Project Manager with the required certificates of inspection, or approval. City shall pay the cost of initial testing and Contractor shall pay all costs in connection with any follow up or additional testing. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Project Manager's and/or Architect/Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mixed designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.

4. If any Work (or the work of others) that is required to be inspected, tested or approved is covered by

Contractor prior to such inspection, testing or approval, without written approval of Project Manager, it must, if requested by Project Manager, be uncovered. Uncovering Work shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has given its written approval of the covering of the Work.

5. In any case where Work is covered contrary to the written request of Project Manager, it must, if requested

by Project Manager, be uncovered for Project Manager's observation or inspection at Contractor's expense. 6. Whenever required by Project Manager, Contractor shall furnish tools, labor and materials necessary to make

examination of Work that may be completed or in progress, even to extent of uncovering or taking down portions of finished Work. Should Work be found unsatisfactory, cost of making examination and of reconstruction shall be borne by Contractor. If Work is found to be satisfactory, examination will be paid for



by City in manner herein prescribed for paying for alterations, modifications and extra work, except as otherwise herein specified.

C. CORRECTION OF DEFECTIVE WORK 1. If the Work is defective, or 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 Project Manager may order Contractor to replace the defective work or to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Project Manager to exercise this right for the benefit of Contractor or any other party.

2. If required by Project Manager, Contractor shall promptly, as directed by Project Manager, without cost to

City and in accordance with Project Manager's written instructions, (i) correct such defective Work, whether or not fabricated, installed or completed, or, if it has been rejected by Project Manager, remove it from the Site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. All claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others) as well as all costs of City incurred in exercising such rights and remedies (including, but not limited to, the costs incurred in the examination, evaluation and determination that such defective Work should be corrected or removed and replaced) will be the responsibility of Contractor and a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree on the amount of an appropriate decrease in the Contract Sum, City may deduct from monies due Contractor all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others) as well as all costs of City incurred in exercising such rights and remedies (including, but not limited to, the costs incurred in the examination, evaluation and determination that such defective Work should be corrected or removed and replaced). If Contractor disagrees with City's calculation, it may make a claim as provided in Paragraph 12. City's rights under this paragraph shall be in addition to any other rights it may have under the Contract Documents, including, without means of limitation, in Paragraph 9.C.3 and 9.D.

3. Correction Period: If within one year after the date of Final 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, Contractor shall promptly, without cost to City and in accordance with City or Project Manager's written instructions, (i) correct such defective Work or, if it has been rejected by City or Project Manager, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If 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, City may have the defective Work corrected or the rejected Work removed and replaced, and all 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) shall be paid by Contractor.

4. In special circumstances where a part of the Work is occupied or a particular item of equipment is placed in

continuous service before Final Completion of all the Work, the correction period for that part of the Work or that item may start to run from an earlier date if so provided by Contract Modification.

5. Where defective or rejected Work (and damage to other work resulting therefrom) has been corrected,

removed or replaced under this provision after the commencement of the correction period, 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. ACCEPTANCE AND CORRECTION OF DEFECTIVE WORK BY CITY 1. City may accept defective Work: If, instead of requiring correction or removal and replacement of defective

Work, City (and, prior to final payment, also Project Manager) prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses and damages attributable to City's evaluation of and determination to accept such defective Work. If any such acceptance occurs prior to final payment, a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work, unless the parties are unable to agree upon an appropriate decrease in the Contract Sum, in which case City may deduct from monies due Contractor the amount of any and all claims, costs, losses (including diminution in value), damages, expenses and liabilities attributable to the defective work. If Contractor disagrees with the deduction, the Contractor may make a claim as provided in Paragraph 12. If the acceptance occurs after Final Payment, an appropriate amount shall be paid by Contractor as determined by City.

2. City may correct untimely or defective Work: If Contractor fails within five (5) days after written notice

from City or Project Manager to correct defective Work or to remove and replace rejected Work as required by Project Manager in accordance with paragraph 9.C.2, or provide a plan for correction of defective Work acceptable to City, or if Contractor otherwise fails to perform the Work in accordance with Contract Documents (including material delays from approved schedules), City may (at its sole option), after seven (7) days written notice to Contractor, correct and remedy any deficiency. In connection with such corrective and remedial action, City may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's work related thereto, take possession of all or part of Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate in the Work any materials and equipment stored at the site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, its representatives, agents, employees, and other contractors and Architect/Engineer's consultants access to the site to enable City to exercise the rights and remedies under this paragraph. All claims, costs, losses (including diminution in value), damages, expenses and liabilities incurred or sustained by City in exercising such rights and remedies will be the responsibility of Contractor and a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree on the amount of an appropriate decrease in the Contract Sum, City may deduct from monies due Contractor all claims, costs, losses (including diminution in value), expenses, damages and liabilities attributable to the defective Work, including all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. (If Contractor disagrees with City's calculation, it may make a claim as provided in Paragraph 12.)

E. RIGHTS UPON INSPECTION OR CORRECTION 1. The Contractor shall not be allowed an extension of the Contract Times (or any milestones) because of any

delay in the performance of Work attributable to the exercise by City of its rights and remedies under this Paragraph. Where City exercises its rights under this paragraph, it retains all other rights it has by law or under the Contract Documents, including but not limited to, the right to terminate the Contract and/or make a claim or backcharge where a change order cannot be agreed upon.

2. Inspection shall not relieve the Contractor of its obligation to have furnished material and workmanship in

accordance with Contract Documents. Payment for work completed through periodic progress payments or otherwise shall not operate to waive the City's right to require full compliance with the Contract Documents and shall in no way be deemed as acceptance of the Work paid therefor. Contractor's obligation to complete the Work in accordance with the Contract Documents shall be absolute, unless City agrees otherwise in writing.



F. SAMPLES AND TESTS OF MATERIALS AND WORK 1. Samples or test specimens of all materials to be used or offered for use in connection with this work shall be

prepared at expense of Contractor and furnished to Project Manager and Architect/Engineer in such quantities and sizes as may be required for proper examination and tests.

2. All samples shall be submitted in ample time to enable Project Manager and Architect/Engineer to make any

tests, analyses or examinations necessary before the time at which it is desired to incorporate the material into the work.

3. Project Manager and Architect/Engineer may refuse consideration of further samples of same brand or make

of material or product previously determined as unsatisfactory for testing, analysis or examination. 4. Test samples or specimens of material for testing shall be taken by Architect/Engineer, his or her

representative, Project Inspector or representative of the testing agency. G. PROOF OF COMPLIANCE WITH CONTRACT PROVISIONS In order that City or Project Manager may determine whether Contractor has complied or is complying with

requirements of Contract not readily enforceable through inspection and tests of Work and materials, Contractor shall at any time when requested submit to City or Project Manager properly authenticated documents or other satisfactory proofs of compliance with requirements.

H. ACCEPTANCE Neither inspection by City or its authorized agents or representatives, nor any order or certificate for the payment

of money, nor any payment, nor acceptance of the whole or any part of the Work by City, nor any extension of time, nor any position taken by City or its authorized agents or representatives shall operate as a waiver of any provisions of this Contract, or of any power herein reserved City or any right to damage herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other subsequent breach.

10. CONTRACTOR'S ORGANIZATION AND EQUIPMENT A. CONTRACTOR'S LEGAL ADDRESS Address and telecopy number given in bid is hereby designated as legal address and telecopy number of

Contractor, but such address and/or number may be changed at any time by notice in writing, delivered to City, which in conspicuous language advises City of a change in legal address or telecopy number. Delivery to Contractor's legal address or depositing in any post office or post office box regularly maintained by United States Postal Service, in a postpaid wrapper, directed to Contractor at legal address, of any drawing, notice, letter or other communication, shall be deemed legal and sufficient service thereof upon Contractor. Telecopy to Contractor's designated telecopy number of any letter, memorandum, or other communication on standard or legal sized paper, with proof of telecopy transmission, shall be deemed legal and sufficient service thereof upon Contractor.

B. CONTRACTOR'S OFFICE AT THE WORK SITE Contractor is required to maintain an office at Site, which office shall be headquarters of representative authorized

to transmit and receive instructions, drawings or other communications to and from Project Manager. Instructions, drawings, or other communications given to Contractor's representative or delivered at work-site office in representative's absence shall be deemed to have been given to Contractor.



C. CONTRACTOR'S SUPERINTENDENT Contractor shall at all times be represented on Site by one or more superintendents authorized and competent to

receive and carry out any instructions that may be given to them by Project Manager and Contractor shall be liable for faithful observance of instructions delivered to Contractor or to authorized representative or representatives on Site.

D. PROFICIENCY IN ENGLISH Supervisors, security guards, safety personnel and employees who have unescorted access to the Site must possess

proficiency in the English language in order to understand, receive and carry out oral and written communications or instructions relating to their job functions, including safety and security requirements.

E. CONTRACTOR'S EMPLOYEES Contractor shall employ only competent and skillful personnel to do work. If Project Manager shall notify

Contractor that any person on Work is incompetent, unfaithful or disorderly, or fails to observe customary standards of conduct or refuses to carry out provisions of Contract, or uses threatening or abusive language to any person on Work representing City, or violates sanitary rules, or is otherwise unsatisfactory, and if Project Manager requests that such person be discharged from the work, then such person shall be immediately discharged from Work and shall not be employed again on it except with consent of Project Manager.

F. CONTRACTOR TO SUPPLY SUFFICIENT WORKERS AND MATERIALS 1. Unless otherwise required by City pursuant to the terms of the Contract Documents, Contractor shall at all

times keep on the premises a sufficient amount of materials and employ a sufficient number of qualified workers to prosecute Work at a rate and in a sequence and manner necessary to complete Work herein required within the Contract Times. This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.

2. Should Contractor at any time during progress of Work refuse, neglect, or be unable to supply sufficient

materials or qualified workers to prosecute Work as required, then upon receipt of notice to that effect from Project Manager, City or its designee may notify Contractor, at no cost to City, to accelerate the Work and/or furnish additional qualified workers or materials as Project Manager may consider necessary, and if Contractor does not comply with notice from Project Manager, City or City's designee within 3 business days of date of service thereof, City shall have right but not a duty to provide materials and qualified workers to finish the Work or any affected portion of the Work, as City may elect. Sums necessary to meet expenses thereby incurred shall be deducted from monies due or which may thereafter become due under Contract, and paid to persons supplying materials and doing work. Amount of such payments shall be deducted from fund or appropriation set aside for purposes of Contract and charged to Contractor as if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of City from claims of others.

3. Exercise by City or Project Manager of the rights conferred upon them in paragraph 2, immediately above, is

entirely discretionary on the part of City and Project Manager. Neither City nor Project Manager shall have any duty or obligation to exercise the rights referred to in paragraph 2 above, and the failure to exercise such rights shall not be deemed an approval of existing work progress or a waiver or limitation of City's or Project Manager's right to exercise such rights in other concurrent or future similar circumstances. The rights conferred upon City under paragraph 2 above are cumulative to City's other rights under the Contract Documents.

4. All machinery and equipment owned or controlled by Contractor which is proposed to be employed by

him on the work shall be of a type and of sufficient size, quantity and condition to produce a satisfactory quality of work within the time provided for the completion of the work.



G. CONTRACTOR TO LIST TRADES WORKING To assist inspectors and Project Manager, Contractor shall list on a daily basis what trades are working on the Site

and their scheduled activities. 11. PROSECUTION AND PROGRESS OF THE WORK A. SCHEDULES AND EXAMINATION OF CONTRACT DOCUMENTS 1. Before undertaking each part of Work, Contractor shall carefully study and compare the Contract Documents

and check and verify pertinent figures shown thereon and all applicable field measurements and all actual conditions. Contractor shall promptly report in writing to Project Manager and Architect/Engineer any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Architect/Engineer before proceeding with any Work affected thereby.

2. Contractor shall submit to Project Manager and Architect/Engineer for review: a. Progress schedules and reports shall be submitted as required by Specification Sections 01300 and

01310. Contractor shall utilize the Progress Schedule in planning, scheduling, coordinating, per-forming and controlling the work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). Contractor shall update Progress Schedule on a monthly basis for purpose of recording and monitoring the progress of Work and evaluating and preparing Contractor's monthly progress payments.

b. Within ten (10) business days after the Notice of Award, Contractor shall submit 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, as required by Specification Section 01300. If no such schedule is agreed upon, then all Shop Drawings, Samples and product data submittals shall be completed and submitted within thirty (30) business days after receipt of Notice to Proceed from City.

c. Within ten (10) business days after the Notice of Award, Contractor shall submit a preliminary

schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate amount of overhead and profit applicable to each item of work, will include a line item for project record documents, and a line item for project scheduling, and will conform to Specification Section 01025, Measurement and Payment.

3. Unless otherwise provided in the Contract Documents, at least fifteen (15) days before submission of the

First Application for Payment, a conference attended by Contractor, Architect/ Engineer, Project Manager, and others as appropriate, will be held to review for acceptability the schedules submitted in accordance with the above subparagraph 2. The Contractor shall have an additional fifteen (15) days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed as required by Specification Sections 01025, 01300 and 01310. No progress payment shall be due or owing to Contractor until the schedules are submitted to and acceptable to Project Manager as meeting the requirements of the Contract Documents (including Specification Sections 01025, 01300 and 01310.) Project Manager's acceptance of Contractor's schedules will not create any duty of care or impose on City or Project Manager any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor's full responsibility therefor.

4. Before commencing any portion of Work, Contractor shall inform Project Manager in writing as to time and

place at which Contractor wishes to commence Work, and nature of work to be done, in order that proper provision for inspection of Work may occur, and to assure measurements necessary for record and payment. Information shall be given to Project Manager a reasonable time in advance of time at which Contractor



proposes to begin Work, so that Project Manager may make necessary preliminary work without inconvenience or delay to Contractor.

5. Contractor shall submit submittals and shop drawings to Architect/Engineer for review in strict accordance

with Section 01300 Submittals. Submission of a Shop Drawing shall constitute Contractor's representation that all requirements of Section 01300 Submittals have been complied with. All submittals will be identified as Architect/Engineer may require and in the number of copies specified in Section 01300 Submittals.

6. Contractor shall not perform work requiring submission of a Shop Drawing or Sample or other submittal

prior to submission and favorable review of the Shop Drawing or Sample or submittal. Where a Shop Drawing or Sample or other submittal is required by the Contract Documents or the final schedule of Shop Drawing and Sample submissions accepted by Project Manager and Architect/Engineer, any related Work performed prior to Architect/Engineer's approval of the pertinent submittal will be at the sole expense, responsibility and risk of Contractor.

B. LINES AND GRADES, MEASUREMENTS 1. Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance with

Contract Documents, unless Project Manager, in its sole discretion, directs otherwise. 2. At request of Project Manager, Contractor shall, without charge, provide workers from Contractor's force,

and tools and materials, to assist Project Manager temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. At times it may be necessary to discontinue portions of Contractor's work in order for Project Manager to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, on request of Project Manager, Contractor shall discontinue work to such extent as may be necessary for purposes of Project Manager.

3. No direct payment will be made for cost to Contractor of any work or delay occasioned by establishing or

checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays.

C. COST DATA 1. Contractor shall maintain full and correct information as to number of workers employed in connection with

each subdivision of Work, classification and rate of pay of each worker in form of certified payrolls, cost to Contractor of each class of materials, tools and appliances used by Contractor in Work, and amount of each class of materials used in each subdivision of Work. Contractor shall provide Project Manager with written monthly summaries of this information. If Contractor maintains summaries or reports comparing actual project costs with bid estimates or budgets, it shall provide Project Manager with a copy of such report whenever it is generated.

2. Contractor shall submit to City daily job reports recording all significant activity on the job, including the

number of workers on site, work activities, problems encountered and delays. Contractor shall take monthly progress photographs of all areas of the Work. Contractor shall maintain copies of all correspondence with sub-contractors and records of meetings with subcontractors. Contractor shall report to the surety promptly upon receiving requests from the surety to provide reporting. Contractor shall provide daily job reports as required by City and/or specified in Section 01310.

3. City shall have the right to audit Contractor's books and records and to inspect the site, including Contractor's

trailer, or other job site office, and this requirement shall be contained in the subcontracts of subcontractors working on site. City shall have the right to inspect and obtain copies of the following documents at all times: all contract documents, all planning and design documents, all Bid proposal and negotiation documents, all design modification proposals, all value engineering or other cost reduction proposals, all revisions made to the original design, and to all job progress reports, daily reports, correspondence and



photographs. 4. Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda,

Contract Modifications, Change Orders, Work Directives, Force Account orders, and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be maintained and be available to Project Manager for reference. Prior to Final Completion of the Work, these Record Documents, Samples and Shop Drawings shall be delivered to Project Manager.

5. City and City Auditor, and his or her designee, shall have the right to inspect all information and documents

maintained under this provision at any time during the Project and for a period of five years following Substantial Completion. This right of inspection shall be specifically enforceable in a court of law, either independently, or in conjunction with enforcement of any other rights in the Contract Documents. City's right of inspection shall not relieve contractor of its duties and obligations under this contract.

12. CLAIMS BY CONTRACTOR A. GENERAL 1. Contract Interpretation Disputes: Should it appear to Contractor that the Work to be performed or any of the

matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to City through Project Manager. Contractor shall bear all costs incurred in the giving of such notice. All issues regarding the interpretation of the Drawings or Specifications shall be referred to Architect/Engineer for interpretation. City shall have the right, but not the obligation, to affirm or disaffirm Architect/Engineer interpretation, which affirmance or disaffirmance shall be final. All issues regarding the General Conditions, General Specifications or non-engineering or non-technical aspects of the Work shall be determined by City whose determination shall be final. If the Contractor should disagree with City's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with this Paragraph. Notwithstanding and pending the resolution of any claim, the Contractor shall diligently prosecute the disputed Work to Final Completion.

2. Work Disputes: Should any dispute arise under this Contract respecting the true value of any Work

performed, of any Work omitted, of any extra Work which the Contractor may be required to perform, time extensions, respecting the size of any payment to the Contractor during the performance of this Contract, or of compliance with Contract procedures, said dispute shall be decided by City and its decision shall be final and conclusive. If the Contractor should disagree with City's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with this Paragraph. Notwithstanding and pending the resolution of any claim, the Contractor shall diligently prosecute the disputed Work to Final Completion.

3. "Claim" means a written demand or written assertion by Contractor seeking, as a matter of right, the payment

of money, the adjustment or interpretation of Contract terms, or other relief arising under or relating to the Contract Documents. In order to qualify as a "claim," the written demand must state that it is a claim submitted under Paragraph 12 of Document 00700 General Conditions.

4. A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a

claim under the Contract. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract by submitting a separate claim in compliance with claim submission requirements.

5. The provisions of this paragraph survive termination or Final Completion of this Contract. Contractor shall

bear all costs incurred in the preparation and submission of a claim.



B. PROCEDURE 1. Should any clarification, determination, action or inaction by City or Architect/Engineer, work, or any other

event, in the opinion of Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in Contractor seeking additional compensation for any reason (collectively "disputed Work"), then Contractor and City shall make good faith attempts to resolve any and all such issues, claims and/or disputes. Before commencing the disputed Work, or within seven (7) calendar days after such demand is made or instruction is given, whichever is earlier, Contractor must file a written notice of the disputed work with Project Manager stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written notice of disputed work is not issued within this time period, or if Contractor proceeds with the disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.

2. City will review Contractor's timely notice of disputed Work and provide a decision. If, after receiving the

decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of the Contract, it shall so notify Project Manager, in writing, within seven (7) calendar days after receiving the decision, that a formal claim will be issued. Within thirty (30) calendar days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in Contractor waiving its right to the subject claim. If disputed Work persists longer than thirty (30) days, then Contractor shall, every thirty (30) days until the disputed Work ceases, submit to City a document titled "Claim Update" which shall update and quantify all elements of the Claim. Contractor's failure to submit a Claim Update or to quantify costs every thirty (30) days shall result in waiver of the claim for that thirty (30) day period. Claims or claim updates stating that damages will be determined at a later date shall not comply with this paragraph and shall result in Contractor waiving its claim(s).

3. Upon receipt of Contractor's formal claim including all arguments, justifications, cost or estimates, schedule

analysis, and documentation supporting its position as previously stipulated, City or its designee will review the issue and render a final determination. If Contractor's claims at Final Completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.

4. Claims shall be calculated in the same manner as Change Orders. EXCEPT WHERE PROVIDED BY

LAW, OR ELSEWHERE IN THESE CONTRACT DOCUMENTS (IF APPLICABLE), CITY SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, AND CLAIMS SHALL NOT INCLUDE SPECIAL OR CONSEQUENTIAL DAMAGES.

C. CLAIM FORMAT Contractor shall submit the claim justification in the following format: (a) Cover letter and certification, (b)

summary of claim including underlying facts, entitlement, quantum calculations, contract provisions supporting relief, (c) list of documents relating to claim including specifications, drawings, clarifications/requests for information, schedules, other, (d) chronology of events and correspondence, (e) analysis of claim merit, (f) analysis of claim cost, (g) attach supporting documents referenced in (c).



D. EXCLUSIVE REMEDY Contractor's performance of its duties and obligations specified in this Paragraph 12 and submission of a claim as

provided in this Paragraph 12 is Contractor's sole and exclusive remedy for the payment of money, extension of time, the adjustment or interpretation of Contract terms or other contractual or tort relief arising from this Contract. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout this Agreement) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or this Agreement, negligence or strict liability by City, its representatives, consultants or agents, or the transfer of the Work or the Project to City for any reason whatsoever. Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the claim submission requirements. Compliance with the notice and claim submission procedures described in this Paragraph 12 is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No claim or issues not raised in a timely protest and timely claim submitted under this Paragraph may be asserted in any Government Code Claim, subsequent litigation, or legal action.

E. MEDIATION All Claims not subject to the claim resolution procedures set forth in Section 01060 (Regulatory requirements),

paragraph 1.05, shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, then shall utilize the services of a mediator selected by the American Arbitration Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation's conclusion. All pending claims shall be submitted to the same mediator. The cost of the mediation shall be paid in equal parts by City and Contractor.

13. LEGAL AND MISCELLANEOUS A. LAWS AND REGULATIONS Contractor shall keep fully informed of and shall comply with all laws, ordinances, regulations and orders of any

properly constituted authority affecting Contract, Work to be done, and persons connected with Work, and shall protect and indemnify City and its officers, employees, consultants and agents against any claim or liability, including attorney's fees, arising from or based on violation of law, ordinance, regulation or order, whether by Contractor or by subcontractors, employees or agents. Authorized persons may at any time enter upon any part of Work to ascertain whether laws, ordinances, rules or orders are being complied with.

Whenever the Drawings and Specifications require large sizes or higher standards than are required by the

regulations, the Drawings and Specifications shall govern. Whenever the Drawings and Specifications require something which will violate such laws, ordinances, regulations or orders, then such laws, ordinances, regulations or orders shall govern.

B. PERMITS AND TAXES Contractor shall procure all permits and licenses, pay all charges and fees, including fees for street opening and

closing permits, and give all notices necessary and incident to due and lawful prosecution of Work, unless otherwise provided herein. City will pay applicable building permits, school, sanitation, and permanent water connection fees except as otherwise provided in the Contract Documents. Contractor shall pay all sales taxes levied on materials, supplies, or equipment purchased and used on or incorporated into Work, and all other taxes properly assessed against equipment or other property used in connection with Work. Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads and other works in advance of operations, even though permits for Work may have already been obtained by City.



C. RESPONSIBILITY OF CONTRACTOR AND INDEMNIFICATION 1. City and all of its officers and employees associated with Work, including, but not limited to, Project

Manager, and each representative of City, including its officers, consultants, agents, and employees, respectively, shall not be liable or accountable in any manner for:

a. loss or damage that may happen to Work or any part thereof; b. loss or damage to materials or other things used or employed in performing Work; c. injury, sickness, disease, or death of any person, including, but not limited to, workers and the public;

or d. damage to property; resulting from any cause whatsoever except their sole negligence or active negligence, attributable to

performance or character of Work, and Contractor releases said parties from any and all such claims. 2. To the furthest extent permitted by California Civil Code Section 2782, Contractor shall assume defense of,

and indemnify, and hold harmless City and all of its officers and employees connected with Work, Project Manager and all other representatives of City, and their officers, consultants, agents, and employees, from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to attorney's fees and consultant's fees, directly or indirectly arising out of, connected with or resulting from performance of Work, failure to perform Work, or condition of Work which is caused in whole or part by any act or omission of Contractor, subcontractors, any one directly or indirectly employed by any of them or any one for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of City or any party required to be indemnified hereunder.

3. With respect to third party claims against Contractor, Contractor waives any and all rights to any type of

express or implied indemnity against City and all of its officers and employees connected with Work, including Project Manager and each representative of City, and their officers, consultants, agents, and employees.

4. Approval or Purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the

liability of Contractor, its subcontractors of any tier, or the officers or agents of any of them. 5. To the furthest extent permitted by Civil Code Section 2782, the indemnities, releases of liability and

limitations of liability, and limitations of remedy expressed throughout this Contract shall apply even in the event of breach of Contract, negligence (active or passive), fault or strict liability of the party indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, or completion of this Contract. If Contractor fails to perform any of these defense or indemnity obligations, City may in its discretion backcharge Contractor for its costs and damages resulting therefrom and withhold such sums from progress payments or other contract monies which may become due.

D. NOTICE OF CONCEALED OR UNKNOWN CONDITIONS 1. Before commencing work of digging trenches or excavation, Contractor shall review all information

available regarding subsurface conditions, including but not limited to, information supplied in Document 00220 Geotechnical Data and Existing Conditions, and subject to the terms and conditions of these documents, Contractor shall also contact Underground Service Alert ("USA") and secure from it all information in its possession regarding underground conditions, including Underground Facilities at the Site. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide City with copies of all USA records secured by Contractor. Contractor shall advise City of any conflict between information provided in



Document 00220 Geotechnical Data and Existing Conditions and that provided by USA records. 2. If either of the following conditions is encountered at Site, notice by Contractor shall be given in writing to

Project Manager promptly before conditions are disturbed (except in an emergency as required by paragraph 16.D), and in no event later than seven (7) days after first observance of:

a. Subsurface or latent physical conditions which differ materially from those indicated in the Contract

Documents. b. Unknown physical conditions of an unusual nature, different materially from those ordinarily

encountered and generally recognized as inherent in work of the character provided for in Contract Documents.

3. In response to Contractor's written notice, Project Manager will investigate the identified conditions, and if

they differ materially and cause increase or decrease in Contractor's cost of, or time required for, performance of any part of Work, Project Manager will issue a change order under the procedures described in the Contract Documents.

4. If Project Manager determines that physical conditions at Site are not latent or are not materially different

from those indicated in the Contract Documents or that no change in terms of Contract is justified, Project Manager shall so notify Contractor in writing, stating reasons. If City and Contractor do not agree on an adjustment in Contract Sum or Contract Times, Contractor shall proceed with Work as directed by Project Manager and may file a claim as provided for in Paragraph 12.

5. Contractor shall not be entitled to any adjustment in the Contract Sum or Times regarding claimed latent or

materially different site conditions if: a. Contractor knew of the existence of such conditions at the time Contractor submitted its bid; or b. Contractor should have known of the existence of such condition as a result of having fully complied

with the requirements of Paragraph 2 herein; or c. The information or conditions claimed by Contractor to be latent or materially different consist of

information, conclusions, opinions or deductions of the kind that Paragraph 2 herein precludes reliance upon; or

d. If Contractor failed to give the written notice within the time required above. 6. If City and Contractor are unable to agree on entitlement to or as to the amount or length of any adjustment in

the Contract Sum or Contract Times required under this paragraph, Contractor may make a claim as provided in Paragraph 12.

7. The cost of all of the following will be included in the Contract Sum and Contractor shall have full

responsibility for: a. Reviewing and checking all available information and data, including but not limited to, Document

00220 Geotechnical Data and Existing Conditions, and information on file at USA; b. Locating all Underground Facilities shown or indicated in Contract Documents, available information,

or indicated by visual observation, including but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing.

c. Coordination of Work with the owners of such Underground Facilities during construction, and



d. The safety and protection of all such Underground Facilities and repairing any damage thereto resulting from Work.

8. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or

indicated in the materials supplied by City or in information on file at USA, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) days), and prior to performing any Work in connection therewith (except in an emergency as required by paragraph 16.D), identify the owner of such Underground Facility and give written notice to that owner and to Project Manager. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 11.D.

9. Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Times, or both,

to the extent that they are attributable to the existence of any Underground Facility that is owned and was built by City only where the Underground Facility:

a. Was not shown or indicated in the Contract Documents or in the information supplied pursuant to

Document 00220 Geotechnical Data and Existing Conditions, or in information on file at USA; and b. The Contractor did not know of it; and c. The Contractor could not reasonably have been expected to be aware of it or to have anticipated it from

the information available. (For example, if surface conditions such as pavement repairs, valve covers, or other markings, indicate the presence of an Underground Facility, then a Change Order will not be due, even if the Underground Facility was not indicated in the Contract Documents or in the information supplied to the Contractor pursuant to Document 00220 Geotechnical Data and Existing Conditions, or in information on file at USA.)

10. Contractor shall bear the risk that Underground Facilities not owned or built by City may differ in nature or

locations shown in information made available by City pursuant to Document 00220 Geotechnical Data and Existing Conditions, or in information on file at USA. Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor is to apply its skill and industry to verify the information available.

11. Paragraphs 13.D.2 through 13.D.4 shall only apply to contracts involving digging of trenches or excavations

of greater than four (4) feet in depth, and, for purposes of Public Contract Code Section 7104, specifically identified "technical data" shall be treated as information "indicated" by the Contract Documents.

E. NOTICE OF HAZARDOUS WASTE OR MATERIALS CONDITIONS 1. Notice by Contractor shall be given in writing to Project Manager promptly, before any of the following

conditions are disturbed (except in an emergency as required by Paragraph 16.D), and in no event later than 24 hours after first observance, of any:

a. material that Contractor believes may be material that is hazardous waste or hazardous material, as

defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;

b. other material which may present a substantial danger to persons or property exposed thereto in

connection with Work at the site. Except as otherwise provided in the Contract Documents or as provided by applicable law, no notice shall be

required to be given by the Contractor for the disturbance or observation of any such hazardous waste or hazardous material where such material is disturbed or observed as part of the scope of Work under the Contract (such as hazardous waste or hazardous material investigation, remediation or disposal activities



which are identified as the subject of Work under the Contract), where Contractor complies with all requirements in Contract Documents respecting such materials.

2. Contractor's written notice shall indicate whether the hazardous waste or material was shown or indicated in

the Contract Documents to be within the scope of Work, and whether the materials were brought to the site by Contractor, its Subcontractors, suppliers, or anyone else for whom Contractor is responsible. As used in this section the term "hazardous materials" shall include asbestos, lead, PCBs, petroleum and related hydrocarbons, and radioactive material.

3. In response to Contractor's written notice, Project Manager shall promptly investigate the identified

conditions, and if finding that conditions do involve hazardous waste or hazardous materials which cause decrease or increase in Contractor's cost of, or time required for, performance of any part of Work, Project Manager will issue a change order under the procedures required by the Contract Documents.

4. If Project Manager determines that conditions do not involve hazardous materials or that no change in terms

of Contract is justified, Project Manager shall so notify Contractor in writing, stating reasons. If City and Contractor cannot agree on an adjustment in Contract Sum or Contract Times, Contractor shall proceed with Work as directed by Project Manager and may file a claim as provided under Paragraph 12.

5. Contractor shall not be entitled to any adjustment in the Contract Sum or Times regarding claimed hazardous

waste or hazardous materials if: a. Contractor knew of the existence of such hazardous material or hazardous waste at the time Contractor

submitted its bid, including information supplied in Document 00220 Hazardous Material Surveys or information obtained by Consultant as a result of Consultant's additional or supplementary examinations, investigations, explorations, tests, studies and data concerning the conditions at or contiguous to the Site prior to submitting its bid; or

b. Contractor should have known of the existence of such hazardous material or hazardous waste as a

result of its having the responsibility to obtain additional or supplementary examinations, investigation, explorations, tests, studies and data concerning the conditions at or contiguous to the Site prior to submitting its bid; or

c. If Contractor failed to give the written notice within the time required above. 6. If after receipt of notice from Project Manager, Contractor does not agree to resume work based on a

reasonable belief it is unsafe, or does not agree to resume work under special conditions, then City may order such portion of Work that is in connection with such hazardous condition or such affected area to be deleted from the Work, or performed by others, or City may invoke its rights to terminate the Contract in whole or in part. City will determine entitlement to or the amount or extent of an adjustment, if any, in Contract Sum or Contract Times as a result of deleting such portion of Work, or performing the Work by others. If Contractor does not agree with City's determination, it may make a claim therefore as provided in Paragraph 12.

7. If Contractor stops Work in connection with any hazardous condition and in any area affected thereby,

Contractor shall immediately redeploy its workmen, equipment and materials, as necessary, to other portions of the Work to minimize delay and disruption.

F. SUSPENSION OF WORK City may, without cause, order Contractor in writing to suspend, delay or interrupt Work in whole or in part for

such period of time as City may determine. An adjustment shall be made for increases in cost of performance of Contract caused by any such suspension, delay or interruption. No adjustment shall be made to extent: (a) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or (b) that an equitable adjustment is made or denied under another provision of



Contract; or (c) that the suspension of work was the direct or indirect result of Contractor's failure to perform any of its obligations hereunder. Adjustments made in cost of performance may have a mutually agreed fixed or percentage fee.

G. TERMINATION OF CONTRACT FOR CAUSE 1. Contractor shall be in default of this Contract and City may terminate Contractor's right to proceed under the

Contract Documents, for cause: a. Should Contractor make an assignment for the benefit of creditors, admit in writing its inability to pay

its debts as they become due, file a voluntary petition in bankruptcy, be adjudged a bankrupt or insolvent, file a petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future statute, law, or regulation, filing any answer admitting or not contesting the material allegations of a petition filed against Contractor in any such proceeding, or seek, consent to, or acquiesce in, the appointment of any trustee, receiver, custodian or liquidator of Contractor or of all or any substantial part of the properties of Contractor, or if Contractor, its directors or shareholders, take action to dissolve or liquidate Contractor; or

b. Should Contractor commit a material breach of this Agreement and not cure such failure within ten (10)

calendar days of the date of notice from City to Contractor demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide City within the 10 day period with a written plan acceptable to City to cure said breach, and then diligently commence and continue such cure according to the written plan); or

c. Should Contractor violate or allow a violation of any valid law, statute, regulation, rule, ordinance,

permit, license or order of any governmental agency applicable to the Project or Work and does not cure such violation within ten (10) days of the date of the notice from City to Contractor demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide City within the 10 day period with a written plan to cure said violation acceptable to City, and then diligently commence and continue performance of such cure according to the written plan.)

2. If City at any time reasonably believes that Contractor is or may be in default under its Contract, as defined

above, City may in its sole discretion notify Contractor of this fact and request written assurances from Contractor of performance of the Contract and a written plan from Contractor to remedy any failures to perform the terms of the Contract which City may advise the Contractor of in writing. Failure of the Contractor to provide written assurances of performance as required herein will constitute a material breach of this Contract sufficient to invoke paragraph 13.G.1.b above.

3. In event of termination for cause, City shall immediately serve written notice thereof upon Surety and

Contractor. Surety shall have the rights and obligations set forth in the Performance Bond. Subject to the Surety's rights under the Performance Bond (which rights are waived upon a default under the Performance Bond), City may take over Work and prosecute it to completion by contract or by any other methods it may deem advisable.

4. In the event of termination by City as provided in subparagraph (1) above for cause, a. City shall compensate Contractor for the value of the Work delivered to City upon termination as

determined in accordance with the Contract Documents, subject to all rights of offset and backcharges,



and provided that Contractor provides City with updated as built and project record documents showing the work performed up to the date of termination. However, City shall not compensate Contractor for its costs in terminating the Work or any cancellation charges owed to third parties;

b. Contractor shall deliver to City possession of the Work in its then condition, including but not limited

to, all designs, engineering, project records, cost data of all types, Drawings and Specifications and contracts with vendors and subcontractors, and all other documentation associated with the Project, and all construction supplies and aids dedicated solely to performing Work which, in the normal course of construction, would be consumed or only have salvage value at the end of the construction period. The Contractor shall remain fully liable for the failure of any Work completed and materials and equipment provided through the date of such termination to comply with the provisions of the Contract Documents. The provisions of this Paragraph shall not be interpreted to diminish any right which City may have to claim and recover damages for any breach of this Agreement, but rather, Contractor shall compensate City for all loss, cost, damage, expense, and/or liability suffered by City as a result of such termination and failure to comply with the Contract Documents.

5. In the event a termination for cause is determined to have been made wrongfully or without cause, then the

termination shall be treated as a termination for convenience, and Contractor shall have no greater rights than it would have had if a termination for convenience had been effected. Any Contractor claim arising out of a termination for default shall be made in accord with the provisions of the Contract Documents on claims and calculated in accordance with the provisions of the Contract Documents on Change Orders and claims. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by Contractor.

H. TERMINATION OF CONTRACT FOR CONVENIENCE 1. City may terminate performance of Work under Contract in accordance with this clause in whole, or from

time to time in part, whenever City shall determine that termination is in best interest of City. Termination shall be effected by delivery to Contractor of notice of termination specifying extent to which performance of Work under Contract is terminated, and date upon which termination becomes effective.

2. After receipt of notice of termination, and except as otherwise directed by City, Contractor shall: a. Stop Work under Contract on date and to extent specified in notice of termination; b. Place no further orders or subcontracts for materials, services, or facilities except as necessary to

complete portion of Work under Contract which is not terminated; c. Terminate all orders and subcontracts to extent that they relate to performance of Work terminated by

notice of termination; d. Assign to City in manner, at times, and to extent directed by City, all right, title, and interest of

Contractor under orders and subcontracts so terminated. City shall have right, in its discretion, to settle or pay any or all claims arising out of termination of orders and subcontracts;

e. Settle all outstanding liabilities and all claims arising out of such termination of orders and

subcontracts, with approval or ratification of City to extent City may require. City's approval or ratification shall be final for purposes of this clause;

f. Transfer title to City, and deliver in manner, at times, and to extent, if any, directed by City, fabricated

or unfabricated parts, Work in process, completed Work, supplies, and other material produced as part of, or acquired in connection with performance of, Work terminated by notice of termination, and completed or partially completed drawings, drawings,information, and other property which, if Contract had been completed, would have been required to be furnished to City;



g. Use best efforts to sell, in manner, at times, to extent, and at price or prices that City directs or authorizes, any property of types referred to in Paragraph 13.H.2.f. above, but Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under conditions prescribed and at price or prices approved by City. Proceeds of transfer or disposition shall be applied in reduction of payments to be made by City to Contractor under Contract or shall otherwise be credited to price or cost of Work covered by Contract or paid in such other manner as City may direct;

h. Complete performance of part of Work as shall not have been terminated by notice of termination; and i. Take such action as may be necessary, or as City may direct, for protection and preservation of

property related to Contract which is in possession of Contractor and in which City has or may acquire interest.

3. After receipt of notice of termination, Contractor shall submit to City termination claim, in form and with

certification City prescribes. Claim shall be submitted promptly but in no event later than 6 months from effective date of termination. Contractor and City may agree upon whole or part of amount or amounts to be paid to Contractor because of total or partial termination of Work under this clause. If Contractor and City fail to agree, on whole amount to be paid to Contractor because of termination of Work under this clause, City shall determine, on basis of information available to it, amount, if any, due to Contractor by reason of termination and shall pay to Contractor for Work specified in Contract which is performed before effective date of notice of termination, total (without duplication of any items) of -

a. Reasonable cost to Contractor, without profit, for all Work performed prior to notice of termination,

including Work done to secure project for termination. In determining reasonable cost, deductions will be made for cost of materials to be retained by Contractor, amounts realized by sale of materials, and for other appropriate credits against cost of Work. Reasonable cost will include reasonable allowance for project overhead and general administrative overhead not to exceed a total of 10 percent of direct costs of such work.

b. When, in opinion of City, cost of contract item of work is excessively high due to costs incurred to

remedy or replace defective or rejected work, reasonable cost to be allowed will be estimated reasonable cost of performing work in compliance with requirements of Drawings and Specifications and excessive actual cost shall be disallowed.

c. Reasonable allowance for profit on cost of Work performed as determined under Paragraph 13.H.1,

provided Contractor establishes to satisfaction of City that Contractor would have made a profit had Contract been completed and provided further, that profit allowed shall not exceed 5 percent of cost.

d. Reasonable cost to Contractor of handling material returned to vendor, delivered to City or otherwise

disposed of as directed by City. e. Reasonable allowance for Contractor's administrative costs in preparing termination claim. f. City shall have no obligation to pay Contractor under this paragraph 13.H unless and until Contractor

provides City with updated and acceptable as-builts and project record documents for work completed prior to termination.

In no event shall City be liable for costs incurred by Contractor or subcontractors after receipt of a notice of

termination. Such non-recoverable costs include, but are not limited to, anticipated profits on Contract, post-termination employee salaries, post-termination administrative expenses, post-termination overhead or unabsorbed overhead, costs of preparing and submitting bid, attorney's fees or other costs relating to prosecution of claim or lawsuit.



4. In arriving at amount due Contractor under this clause there shall be deducted: a. all unliquidated advance or other payments on account theretofore made to Contractor, applicable to

terminated portion of Contract, b. any claim which City may have against Contractor in connection with Contract, and c. the agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by Contractor

or sold, under provisions of this clause, and not otherwise recovered by or credited to City. I. CONTINGENT ASSIGNMENT OF SUBCONTRACTORS Each subcontract agreement for a portion of the Work is assigned by Contractor to City provided that: 1. Assignment is effective only after termination of Contract by City for cause pursuant to Paragraph 13.G

above or for convenience pursuant to Paragraph 13.H above; and, 2. Assignment is effective only for those subcontract agreements which City accepts by notifying the

Subcontractor in writing; and 3. Assignment is subject to the prior rights, if any, of the surety, obligated by the bond provided under the

Contract, where the Surety exercises its rights to complete the Contract. J. REMEDIES Subject to the Contract provisions regarding Contractor claims, claim review, and claim resolution, and subject to

the limitations therein, all claims, counter-claims, disputes and other matters in question between City and Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within the State of California, County of Alameda. All City remedies provided in this Contract shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided; and City shall have any and all equitable and legal remedies which it would have according to law.

K. PATENTS Fees or claims for any patented invention, article or arrangement that may be used upon or in any manner

connected with performance of Work or any part thereof, shall be included in price bid for doing Work. Contractor shall save, keep, bear harmless, and fully indemnify City, and any of its officers, employees, agents, or consultants from all damages, claims for damages, costs or expenses in law or equity, including attorney's fees, that may at any time arise or be set up for any infringement of the patent rights, copyright, trade name, trademark, service mark, trade secret or other like intellectual property of any person or persons in consequence of use by City, or any of its officers, agents, or consultants of articles to be supplied under the contract and of which Contractor is not patentee or assignee or has not lawful right to sell the same. Such costs or expenses for which Contractor agrees to indemnify and hold harmless the above indemnities includes but is not limited to any and all license fees, whether such fees are agreed to indemnitee or ordered by a court or administrative body of competent jurisdiction.

L. SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES Except as noted specifically in Specifications, whenever in Specifications, material or process is designated by

patent or proprietary name or by name of manufacturer, such designation shall be deemed to be used for purpose of facilitating description of material and process desired, and shall be deemed to be followed by the words "or equivalent", and Contractor may offer any substitute material or process which Contractor considers equal in every respect to that so designated, and if material, or process, offered by Contractor is, in opinion of Project Manager, equal in every respect to that so designated, its use will be approved. Contractor shall submit to Project Manager



a separate request for substitution pursuant to Section 1630 Substitutions of the Specifications. M. INTEREST OF PUBLIC OFFICERS No representative, officer, or employee of City, no member of the governing body of the locality in which the

Project is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the Project, during the tenure of the official or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

N. LIMIT OF LIABILITY CITY, ITS EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS OR AGENTS SHALL HAVE NO

LIABILITY TO CONTRACTOR FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EXCEPT TO THE LIMITED EXTENT THAT THESE CONTRACT DOCUMENTS OR APPLICABLE PUBLIC CONTRACTING STATUTES MAY SPECIFY THEIR RECOVERY.

O. SEVERABILITY Any provisions or portions thereof of this Agreement prohibited by, unlawful, or unenforceable under any

applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting other provisions or portions thereof in this Agreement. If the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement may be deemed to be a valid and binding agreement enforceable in accordance with its terms. If any provisions or portion thereof of this Agreement are prohibited by, unlawful, or unenforceable under any applicable law and are therefore stricken or deemed waived, the remainder of the provisions and this Agreement shall be interpreted to achieve the goals or intent of the stricken or waived provisions or portions thereof to the extent such interpretation is consistent with applicable law.

P. PRESS RELEASE AND CONFIDENTIALITY

1. Contractor agrees that no press releases, articles for professional journals, speeches, confidential information, or other kinds of publicity concerning the project shall be released, made, or generated by Contractor or its employees or agents without the prior written consent of the City.

2. The term "Confidential Information" means all unpublished information obtained or received from the

during the term of this Contract which relates to the City's business affairs. Contractor shall not disclose confidential information to any person, except to its employees and subcontractors to the extent that they require it in the performance of their work, during the term of this Contract and until authorized by the in writing. Contractor and its subcontractors shall hold all confidential information in trust and confidence for the City, and shall use confidential information only for the purpose of this Contract. Contractor and its subcontractors shall require all of their employees to whom confidential information is revealed to comply with these provisions. Contractor shall have an agreement with each Subcontractor and supplier requiring their compliance with the foregoing.

Q. NO THIRD PARTY BENEFICIARIES This Agreement is entered into solely for the benefit of the City. Nothing herein is intended to benefit, directly

or indirectly, any third party, including, but not limited to, employees, sub-contractors, or bidders. R. CITY ACTING IN ITS PROPRIETARY CAPACITY

Contractor acknowledges and agrees that City is entering this Contract solely in its proprietary capacity, completely separate and distinct from any regulatory capacity. Therefore, delays or additional costs, if any, resulting from their exercise and performance of police powers by any Department of the City shall in no way constitute a delay or justification for claims for which the City, as contractee, is responsible.



S. MUNICIPAL AFFAIRS

The Work described in this Contract constitutes a municipal affair of the City of Berkeley, a charter city existing pursuant to Article 11, Section 5 of the California Constitution. Except as expressly required by the City Charter, applicable ordinances, or this Contract, the terms of the California Public Contract Code shall be deemed inapplicable hereto.

14. MODIFICATIONS OF CONTRACT A. ALTERATIONS, MODIFICATIONS AND FORCE-ACCOUNT WORK

1. No modification or deviation from the Contract Documents will be permitted except by written addenda,

written change order or written Supplemental Instruction. 2. Project Manager, before the date of Final Completion of Work, may order changes in Work or Contract

Times herein required, and may order extra materials and extra work in connection with performance of Contract, and Contractor shall promptly comply with such orders. Any such orders shall be diligently carried out by Contractor in accordance with the Contract Documents. If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease cost of any part of Work, price fixed in Contract shall be increased or decreased by amount as Contractor and City may agree upon as reasonable and proper allowance for increase or decrease in cost of Work. If agreement cannot be reached, then City shall reach a determination, which shall be final, subject to Contractor's rights under Paragraph 12 herein.

3. Alterations, modifications or extras which result in change in Contract Sum or Contract Times or both, shall

be effected by written Contract Modification which has been approved by City or Project Manager. Those alterations or modifications which do not result in change in Contract Sum or Contract Times, and do not substantially change Drawings or Specifications, shall be effected only by written directive to Contractor from Project Manager.

4. Contractor shall, upon request by City, permit inspection of the original unaltered Contract bid estimate,

subcontract agreements, and purchase orders relating to the change; and documents substantiating all costs associated with the cost proposal.

5. Changes in the Work made pursuant to this Paragraph and extensions of Contract time necessary by reason

thereof shall not in any way release the guarantees/warranties given by Contractor pursuant to provisions of the Contract Documents, nor shall such changes in the Work relieve or release the sureties of bonds executed pursuant to said provisions. The sureties, in executing such bonds, shall be deemed to have expressly agreed to any such change in the Work and to any extension of time made by reason thereof.

6. Procedures for Modifications of Contract are given in Section 01035 Modification Procedures of the

Specifications. B. ENTIRE AGREEMENT The Contract Documents, and any Contract Modifications, shall represent the entire and integrated agreement

between City and Contractor regarding the subject matter of this agreement and shall constitute the exclusive statement of the terms of the parties' agreement. The Contract Documents, and any Contract Modifications, shall supersede any and all prior negotiations, representations or agreements, either written or oral, express or implied, that relate in any way to the subject matter of this agreement or written modifications. City and Contractor represent and agree that they are entering into this agreement and any subsequent written modification in sole reliance upon the information set forth in the Contract Documents or Contract Modifications and the parties are not and will not rely on any other information.



C. EFFECT OF WAIVERS Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions

of the Contract Documents at any time shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof, any course of dealing or custom of the trade or oral representations notwithstanding.

15. TIME ALLOWANCES A. TIME ALLOWANCE FOR PERFORMANCE OF CONTRACT 1. When Contract has been signed by Contractor and City, City will serve a Notice to Proceed upon Contractor

to that effect, either by depositing notice in a post office or post office box regularly maintained by United States Postal Service in a postpaid wrapper directed to Contractor at legal address, or (at City's option) by delivery by other means at legal address.

2. Start date for Contract Times shall be on the date indicated in the Notice to Proceed. If no date is indicated,

then the start date for Contract Times shall be the fifth (5th) calendar day from date that Contractor receives, by hand delivery or by facsimile transmission, Project Manager's written Notice to Proceed, unless the Notice to Proceed is served by mail only, then the Start Date under the Contract shall be the tenth (10th) calendar day following the date of mailing. Total number of calendar days for Substantial and Final Completion of Work on Contract shall be as provided in Document 00510.

B. CHANGE OF CONTRACT TIMES 1. The Contract Times (or milestones) may only be changed by Change Order or Written Amendment and all

time limits stated in the Contract Documents are of the essence of the Agreement. The Contract Times (or milestones) will be adjusted in an amount equal to the time lost due to the following:

a. Changes in the Work ordered by City; b. Acts or neglect by City, or its Project Manager, acts or neglect of utility owners, acts or neglect of other

Contractors performing other Work, provided Contractor has fully and completely performed its responsibilities under the Contract Documents, including but not limited to, its cooperation and coordination responsibilities required by the Contract Documents;

c. Fires, floods, unusually severe weather conditions, earthquakes, civil disturbances, or acts of God,

provided damage resulting therefrom is not the result of Contractor's failure to properly protect the Work as required by the Contract Documents.

Notwithstanding the foregoing, the Contract Times (or milestones) shall not be extended unless Contractor

has actually been prevented from completing any part of the Work within the Contract Times (or milestones) due to delay which is (i) beyond the control of Contractor and (ii) due to reasons for which Contractor is not responsible and (iii) a claim for delay is made as provided for herein. Delays attributable to and within the control of a Subcontractor, or its subcontractors, or supplier shall be deemed to be delays within the control of Contractor.

2. Where Contractor is prevented from completing any part of the Work within the Contract Times (or

milestones) due to delay beyond the control of both City and Contractor, an extension of Contract Times (or milestones) in an amount equal to the time loss due to such delay shall be the Contractor's sole and exclusive remedy for such delay. City shall not be liable to Contractor, any Subcontractor, any supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, unusually



severe weather conditions, earthquakes and acts of God or acts or neglect by utility owners or other Contractors performing other work as contemplated by Paragraph 6.

3. a. Time of completion will be extended for the number of calendar days in excess of the average

number of days of unseasonable, inclement weather, as defined below, providing the Contractor is either required to completely suspend the controlling operation(s), or if he is prevented by the unseasonable, inclement weather, or conditions resulting immediately therefrom, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation(s) for at least 60 percent of the work day. The controlling operation(s) shall mean any activity, or combination of activities, on the critical path for the project which, if delayed, will delay the completion of the contract.

b. Unseasonable, inclement weather (a.k.a.: unusually severe weather) shall mean any weather condition

sufficient to prevent construction from proceeding, the duration or magnitude of which exceeds the average conditions expected at the location of the work by at least 10 percent, as determined from U.S. Weather Bureau records for the 10-year period immediately preceding the event. No extensions of time will be allowed for any inclement weather that could have been reasonably predicted from such weather records existing at the time of submitting the Contractor’s bid. It shall be the Contractor’s responsibility to collect and submit such records as may be necessary to justify any time extensions requested under this paragraph.

C. NOTICE OF DELAY Within seven (7) calendar days of the beginning of any delay Contractor shall notify Project Manager, in writing,

of all anticipated delays resulting from the delay event in question. 1. Notice shall constitute application for extension of time only if notice requests extension and sets forth the

impact of the delay on the critical path and Contractor's estimate of additional time required together with full recital of causes of delays as defined in Paragraph 15.B.1 above.

2. After receipt of a request for a time extension, with verifiable documents and justifications included, Project

Manager will make decision thereon, and will advise Contractor in writing. No time extensions shall be considered without related documents and justifications necessary for Project Manager to make determination.

3. No time extensions shall be granted for delays for which Contractor fails to give timely notice and Contractor

hereby waives any and all damages for delay for which timely notice is not given. Any request for extension of time shall be accompanied by the claimant's written statement that the adjustment

claimed is the entire adjustment to which the claimant is entitled as a result of the occurrence of said event. All claims and adjustments in the Contract Times (or milestones) shall be determined by Project Manager. No claim for an adjustment in the Contract Times (or milestones) will be valid and such claim will be waived if not submitted in accordance with the requirements of this paragraph.

D. NO DAMAGE FOR CONTRACTOR CAUSED DELAY Contractor shall not be entitled to any time extension or compensation, including but not limited to extended field

or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays caused in whole or in part by Contractor's failure to perform its obligations under this Contract, or during periods of delay concurrently caused by Contractor and either City or others. Contractor may receive time extension and be compensated for delays caused directly and solely by City except that Contractor shall not be entitled to damages for delay to the Work caused by the following reasons:



1. City's right to sequence Work in manner which would avoid disruption to the City's tenants and their contractors or other prime contractors and their respective subcontractors, exercised as a result of Contractor's failure to perform its cooperation and coordination responsibilities required by this Contract; City's enforcement of government act or regulation, or the provisions of the Contract Documents;

2. For concealed or unknown site conditions, as defined in Paragraph 13.D, that are beyond contemplation of

parties, except that City may approve direct costs associated with unknown conditions but not costs or damages which are result of such delays; and

3. Extensive requests for clarifications to construction documents or modifications to contract, provided such

clarifications or modifications are processed by City or its consultants in a reasonable time commensurate with provisions of Contract requirements.

E. LIQUIDATED DAMAGES 1. Contract may provide time within which Work or portions thereof shall be completed and may provide for

payment of agreed liquidated damages to City for every calendar day thereafter during which Work shall be uncompleted.

2. Execution of Contract by Contractor shall constitute acknowledgement by Contractor that Contractor

understands, has ascertained and agrees that City will actually sustain damages in the amount fixed in Contract for each and every calendar day during which completion of Work required is delayed beyond expiration of time fixed for completion or extensions of time as have been allowed pursuant to provisions hereof. Contractor and City agree that such damages shall be presumed to be the damages actually sustained by City as defined below, and that because of the nature of the project, it would be impracticable or extremely difficult to fix the actual damages.

3. There shall be deducted from any money due or to become due to Contractor subsequent to time for

completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing the then accrued liquidated damages.

4. Liquidated damages shall be considered not as a penalty but as agreed monetary damage sustained by City

for increased project administration expenses, including extra inspection, construction management and architectural and engineering expenses, interest expenses, related to this Contract because Contractor failed to perform and complete Work within time fixed for completion or extensions of time as have been allowed pursuant to provisions hereof. Liquidated damages shall not be deemed to include within their scope additional damages arising from defective work, lost revenues, cost of completion of the contract, cost of substitute facilities, or damages suffered by others or other forms of liability claimed against City as a result of delay (e.g., delay or delay related claims of other contractors, subcontractors or tenants), and defense costs thereof; Contractor shall be responsible for the actual amount of any such damages.

5. Should Contractor fall behind approved Progress schedule, City reserves right to deduct liquidated damages

based on estimated period of late completion. City need not wait until Contract completion to withhold liquidated damages from Contractor's progress payments. Should money due or to become due to Contractor be insufficient to cover agreed liquidated damages, then Contractor forthwith shall pay remainder to City.

16. WORKING CONDITIONS AND PREVAILING WAGES A. USE OF SITE/SANITARY RULES 1. All portions of Work, and adjacent areas affected by the Work, shall be maintained at all times in neat, clean

and sanitary condition. Toilets shall be furnished by Contractor where needed, for use of employees on Site, and their use shall be strictly enforced. They shall be properly secluded from public observation, and shall be located, constructed and maintained subject to approval of Project Manager.



2. Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land areas identified in and permitted by the Contract Documents and other land and areas permitted by applicable laws and regulations, rights of way, permits and easements, or as designated by Project Manager, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 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, resulting from the performance of Work.

3. During the progress of Work, Contractor shall keep the Site free from accumulations of waste materials,

rubbish and other debris resulting from the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from and about the Site as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall leave the site clean and ready for occupancy by City at Substantial Completion of Work. The Contractor shall restore to original condition all property not designated for alteration by Contract Documents.

4. Contractor shall not load nor permit any part of any structure or pavement to be loaded in any manner that

will endanger the structure or pavement, nor shall Contractor subject any part of Work or adjacent property to stresses or pressures that will endanger it. Contractor will conduct all necessary existing conditions investigation regarding structural, mechanical, electrical or any other system existing, shall perform its work consistent with such existing conditions, and shall have full responsibility for insufficiencies or damage resulting from insufficiencies of existing systems, equipment or structures to accommodate performing the Work.

B. PROTECTION OF WORK, PERSONS AND PROPERTY 1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and

programs in connection with Work. Contractor shall comply with all safety requirements specified in any safety program established by City in consultation with Contractor. Contractor shall be responsible for all damage to Work, property or structures, and all injuries to persons, arising from the performance of the Contract. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

a. All persons on Work site, adjacent work sites, and any other person who may be affected by the Work; b. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the

site; and c. All work, property or structures at the site or adjacent thereto, including trees, shrubs, lawns, walks,

pavements, roadways, structures, utilities and Underground Facilities, not designated for removal, relocation or replacement in the course of construction.

In particular, but without limiting the foregoing, Contractor shall, on a daily basis, remove or paint over all

graffiti, posters, bills or other disfigurements on any and all portions of the Work, construction equipment, materials, fencing, signs and any other property related to the construction of the Work.

2. Where necessary, Contractor shall furnish guards, fences, warning signs, walks and lights and take all

necessary precautions to prevent damage or injury. Safety orders, rules and recommendations of Division of Industrial Safety of California or City of Berkeley applicable to Work shall be obeyed and enforced by Contractor.

3. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for

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. Contractor shall notify owners of adjacent property and 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. 4. All damage, injury or loss to any property referred to in subparagraph (b) or (c) of paragraph 16.B.1 above,

caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. Neither City nor any of its agents assume any responsibility for collecting indemnity from any person or persons causing damage to work of Contractor. The existence of insurance coverage for any damage so incurred shall in no way limit Contractor's liability or City's rights of indemnity.

5. Contractor shall designate a qualified and experienced safety representative at the site whose duties and

responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

6. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard

communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or regulations.

7. City may, at its option, retain such moneys due under Contract as City deems necessary until any and all

suits or claims against Contractor for injury to persons or property shall have been settled and satisfactory evidence to that effect furnished.

C. RESPONSIBILITY FOR SAFETY AND HEALTH 1. Contractor shall insure that Contractor, Contractor's employees, agents, invitees, subcontractors and their

employees, agents and invitees while at Site comply with applicable health and safety laws including without limitation, Occupational Safety and Health Act of 1970 and rules and regulations issued pursuant thereto, and City's safety regulations, as amended from time to time. Contractor shall further comply with all directions of City regarding protective clothing, head covering, eye protection, etc.

2. Safety of all persons employed by Contractor or subcontractors and their respective agents and invitees on

Site shall be the full responsibility of Contractor. Contractor shall notify Project Manager, in writing, of existence of hazardous conditions, property or equipment at Site which are not under Contractor's control. However, it shall be Contractor's responsibility to take necessary precautions against injury to persons or damage to the property of Contractor, subcontractors or persons from recognized hazards until corrected by responsible party.

3. Contractor shall confine all persons under Contractor's employ or employ of subcontractors or any other

person acting on behalf of Contractor or subcontractors to that portion of Site where work under Contract is to be performed, to routes to be designated by City for ingress and egress thereto and to any other areas City may expressly permit Contractor to use. Within such areas, except those routes for ingress and egress over which Contractor has no right of control, Contractor shall provide safe means of access to all places at which persons may at any time have occasion to be present.

D. EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto,

Contractor, without special instruction or authorization from Project Manager or City, is obligated to act to prevent threat and damage, injury or loss, until directed otherwise by City or Project Manager. Contractor shall give Project Manager prompt written notice if Contractor believes that any significant changes in the Work or variations from Contract Documents have been caused thereby. If Project Manager determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Contract



Modification, Change Order or work directive will be issued to document the consequences of such action. E. USE OF ROADWAYS AND WALKWAYS Contractor shall not unnecessarily interfere with use of any roadway, walkway or other facility for vehicular or

pedestrian traffic. Wherever interference becomes necessary for proper and convenient performance of Work, and no satisfactory detour route exists, Contractor shall, before beginning interference, provide satisfactory detour, temporary bridge, or other proper facility in accordance with the controlling agency’s requirements, for traffic to pass around or over interference and shall maintain it in satisfactory condition as long as interference continues, all without direct payment unless otherwise provided in Contract Documents.

F. NONDISCRIMINATION No discrimination shall be made in the employment of persons upon public works because of race, religious creed,

color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in section 12940 of the Government Code, and every contractor for public works violating the provisions of Section 1735 of the Labor Code is subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the Labor Code.

G. PREVAILING WAGES 1. Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about

Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.

2. Contractor shall forfeit, as a penalty to City, Fifty Dollars ($50.00) for each laborer, workman, or mechanic

employed for each calendar day, or portion thereof, of such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under this contract by him or her or by any subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The sums and amounts which shall be forfeited pursuant this paragraph 2 and the terms of the Labor Code shall be withheld and retained from payments due to Contractor under said contract, pursuant to this contract, and the terms of the Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by City. The final amount of forfeiture shall be determined by the Labor Commissioner pursuant to Labor Code section 1775.

3. Contractor shall insert in every subcontract or other arrangement which Contractor may make for

performance of work or labor on Work provided for in Contract, provision that subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code.

H. PUBLIC CONVENIENCE

A. Contractor shall conduct operations to offer least possible obstruction and inconvenience to public traffic; spillage resulting from hauling operations shall be removed immediately.

B. Contractor shall keep existing traffic signals and right of way lighting systems in operation during

progress of work, and City forces shall be allowed to continue routine maintenance of existing systems.



C. Convenience of adjacent City’s and Project Occupants shall be provided for; access to driveways, houses, and buildings adjacent to work shall be maintained and temporary approaches provided and kept in good condition.

D. Contractor shall be responsible for the necessary cleaning, dust control and repairing of adjacent drives

and streets resulting from Contractor's operations. Cleaning shall occur immediately on a daily basis. E. Contractor shall ascertain any restrictive traffic conditions and shall comply with requests of local

authorities and the City in the use and operation of its trucks and equipment on the site and public roads. Contractor shall protect existing curbs, walks, overhead utilities, underground utilities or other improvements from damage by heavy equipment. Damage to existing site structures resulting from Contractor's carelessness or negligence shall be repaired at Contractor's expense.

F. Contractor shall be responsible for the necessary cleaning and repairing or replacing of damaged curbs,

sidewalks, entrance driveways, ramps, corridors, overhead or underground utilities, etc. resulting from Contractor's operations excluding work indicated to be removed or demolished elsewhere in the Contract Documents.

G. If Contractor excavates across an access road, walkway, or parking area, Contractor shall backfill and

compact its excavation and resurface the road or parking area to match the existing surface. Contractor shall comply with all applicable Specifications when so doing. Unless otherwise specified, all pavements, walks, curbs, etc. shall be saw cut and resurfaced to match existing thicknesses and colors.

I. Contractor shall arrange deliveries to the site in accordance with the requirements of the relevant

regulatory and local authority, regulations as may govern off-peak traffic hours, and/or other regulations. Contractor is advised and hereby agrees, that the first priority for all Work on the Project shall be the safety of the general public and the maintenance, without interruption, of continued operation of all adjacent facilities. Consequently, Contractor's working hours, site access, equipment noise and vibration levels, etc. shall be subject to the reasonable constraints of City's on-going facility operations without additional cost to the City.

I. Contractor shall not disturb or alter any existing trees, shrubs or other landscaping without the express

written consent of the City.

END OF DOCUMENT



DOCUMENT 00701

ENVIRONMENTAL REQUIREMENTS

1. CLEANING UP. The Contractor shall not allow the site of the work to become littered with trash, rubbish, and

waste material but shall maintain the same in a neat and orderly condition throughout the construction period. The Project Manager shall have the right to determine what is or is not trash, rubbish or waste material and the place and manner of disposal.

The Contractor shall maintain a neat appearance to the work. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from surfaces to prevent marring or other damage. Broken concrete debris, and unsuitable excavated native soil during construction shall be disposed of concurrently with its removal. If stockpiling is necessary all debris shall be placed in trash bins daily and shall be removed or disposed of weekly. Any waste shall not be buried on the site or disposed of into storm drains, sanitary sewers, streams, or waterways. Forms or falsework that are to be re-used shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be re-used shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sidewalks, street area, parking strips, and driveway approaches must be kept reasonably clean at all times during construction and be completely and carefully cleaned after the work has progressed beyond the immediate vicinity to the satisfaction of the Project Manager. Reasonable cleanup is defined as no dust, rock, or mud on any portion of the public right-of-way or the private properties as a result of the Contractor's work.

2. DUST AND DEBRIS CONTROL. The Contractor shall be responsible for controlling dust in the air and rocks,

debris, mud or dirt which are scattered as a result of his operations on the job. The Contractor shall be responsible for cleaning all mud, rock, dust, dirt, and debris-producing materials that originate in the project area and are deposited on other public or private property by truck tires, spillages, or by other means. The Contractor shall have suitable and adequate street cleaning equipment on the project site at all times.

The Contractor shall begin cleanup operation at least one hour before the end of each day's work, clean all paved portions of the project and paved streets leading from the project that have dust-producing materials or debris deposited upon them. The work areas shall be swept clean at the end of each day's work and at other times when directed by the Project Manager. The Contractor shall endeavor, whenever possible, to restrict the use of water to control dust for his convenience in order to conserve water during drought situations or mandated rationing required by the Water Utility Company. Whenever flushing of streets or any other work is necessary, the Contractor shall provide filter materials at the catch basin to retain any debris and dirt flowing into the City's drainage system. The cost of the above work, including the providing of barricades, water and other materials, labor, and equipment shall be at the sole cost and expense of the Contractor. The Project Manager may determine that an emergency exists when dust, rocks, debris, mud, or dirt are scattered in the public right of way or in the private properties as a result of Contractor's activities and/or deterioration of such conditions due to rain. The emergency conditions may also be declared when traffic or the Contractor's equipment travelling through a job causes dust to fly or rocks, debris, mud, or dirt to be scattered. Similar emergency conditions may be determined by the Project Manager if the storage of materials, tools, or any other

Environmental Requirements

00701 - 1


equipment related to the project, in the public rights of way, is causing any obstruction or blocks access to the neighboring properties and/or dangerously placed without proper barricades and lights and/or backfill stockpiles or debris washing away into the street gutter and catchbasins.

3. EMERGENCY CLEANUP WORK. In any case in which the Contractor fails to satisfactorily complete the

cleanup work described in this section, the Project Manager or his representative may determine that an emergency exists. In the event an emergency is determined by the Project Manager, the Contractor shall immediately make available manual labor or mechanical equipment capable of handling the cleaning process. During such an emergency, City forces may be called upon to complete the cleanup work, or the City may contract for the cleanup work. All construction work shall be shut down during this cleanup work by the City/contract forces. The Project Manager may shut down further construction work until the violations are corrected to the satisfaction of the Project Manager. The cost of the work performed by City/Contract forces plus an additional 70% surcharge shall be paid by the Contractor by deduction from payment due him on the contract. No compensation shall be given to the Contractor for stoppage of work.

Such action by the Project Manager, however, shall not relieve the Contractor of his responsibility for any damages which may occur before, during or after such action has been taken by the Project Manager, and shall place no liability upon the City or the Project Manager.

4. FINAL CLEANING UP. Upon completion of the work, and before acceptance and final payment, the Contractor

shall clean the project areas and remove all surplus and discarded materials, falsework, rubbish and temporary structures and restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and shall leave the improvement in a neat and presentable condition throughout the entire length of the improvement under contract to the satisfaction of the Project Manager. If the Conditions as noted above are not corrected immediately, the Project Manager may declare an emergency and take necessary action in accordance with the Section Emergency Cleanup Work of this specification.

5. CLEAN UP AND SAFETY. Cleanup of work areas shall be in accordance with Paragraphs 1,Cleaning Up; 2,

Dust and Debris Control; 3, Emergency Cleanup Work; and 4, Final Cleaning Up of the this specification. In the event the Contractor fails to satisfactory comply with the requirements stated on the noted subsections and the Project Manager determines that an emergency exists, the Contractor will be notified by the Project Manager to correct the violation immediately. If the Contractor stockpiles granular material in the gutter, he must provide a minimum 4" pipe below the stockpile in the gutter to accommodate typical gutter flow. Any lumber or stockpiles on the site, not ready for immediate use, shall be free of nails or torn edges that may cause injury. Any materials stockpiled in the street and any open excavation shall have barricades equipped with operative automatic flashers placed at each end. The Contractor shall maintain a neat appearance at all times. All material removed shall be disposed of off-site in a legal manner. CLEANUP, DEBRIS AND DUST CONTROL SHALL BE A DAILY MAINTENANCE REQUIREMENT. AFTER A 24-HOUR NOTIFICATION TO THE CONTRACTOR FOR NON-COMPLIANCE OR DEFICIENCIES, THE CITY MAY REQUEST THE CITY CREWS OR CONTRACT ANOTHER CONTRACTOR TO PERFORM THE NECESSARY CLEANUP WORK. THE COST OF THE WORK PERFORMED BY CITY CREWS OR ANOTHER CONTRACTOR PLUS AN ADDITIONAL 70 PERCENT SURCHARGE SHALL BE PAID BY THE CONTRACTOR BY DEDUCTION FROM PAYMENT DUE ON THE CONTRACT. The Contractor must take special precautions to protect the public and City employees from bodily and property damage resulting from the work. Contractor must exercise all necessary precautions to ensure a safe execution of the work.

6 PROJECT SITE MAINTENANCE


00701 - 2


Water Pollution Control. The intent of these requirements is to enforce federal, state, and other local agencies' regulations that prohibit storm water pollution at construction sites. Storm drains discharge directly to creeks and the Bay without treatment, and discharge of pollutants (i.e., any substance, material, or waste other than uncontaminated storm water) into the storm drain system is strictly prohibited. In this section, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters, channels, watercourses, creeks, lakes, and the San Francisco Bay. For the purpose of eliminating storm water pollution, the Contractor shall implement effective control measures at construction sites. There are several publications that provide guidance on selecting and implementing effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of specific practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures and other management procedures to prevent the discharge of pollutants directly or indirectly to the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate storm water pollution. The reference publications are as follows: 1) California Storm Water Best Management Practice Handbook - Industrial/Commercial California Storm Water Best Management Practice Handbook - Construction Activity These handbooks may be purchased from Blue Print Service (BPS), 1700 Jefferson St, Oakland, CA 94612. 2) Manual of Standards for Erosion and Sediment Control Measures by the Association of Bay Area Governments (ABAG). 3) Heavy Equipment Operation, Fresh Concrete & Mortar Application, Painting & Application of Solvents & Adhesives, Roadwork & Paving Activities, General Construction & Site Supervision, Parking Lots and Finish the Pour Right These brochures are available, free of charge, at the Engineering Division, 1947 Center Street, 4th Floor, Berkeley, CA 94704.

7 STORMWATER POLLUTION CONTROL

7.01 Stormwater Pollution Control. The intent of these requirements is to comply with federal, state, and other local agencies’ regulations that prohibit non-stormwater discharges to storm drain sewer systems, creeks and San Francisco Bay. Storm drain sewers discharge directly to creeks and the Bay without treatment, and discharge of pollutants (any substance, material, or waste other than rainfall derived stormwater) into the storm drain sewer system is strictly prohibited. Further, the Contractor is informed that Federally Endangered species have been identified in creeks within the City Limits. The storm drain sewer system, pollutants, and other relevant information are further defined in Berkeley Municipal Code (BMC) Chapter 17.20 – DISCHARGE OF NON-STORMWATER INTO CITY’S STORM DRAIN SYSTEM – REDUCTION OF STORMWATER POLLUTION, and the City’s stormwater NPDES (National Pollutant Discharge Elimination System) Permit No. CA0029831. These documents are available upon request.

7.02 Best Management Practices (BMP) and Source Control. The contractor shall use appropriate BMPs and source control techniques on the site(s) at all times, regardless of time of year or rainfall conditions, in order to prohibit the discharge of pollutants into the storm drain sewer system, creeks, and Bay. 7.03 BMP and Source Control Plan, and Coordinator. The Contractor shall prepare a Plan showing the locations of all storm drain sewers, catch basins, inlets, outlets, culverts, and other conveyance systems. This plan shall identify each point of entry and show how each entry point will be protected from pollutants. The plan shall include a protocol for allowing the storm drain sewer system to function properly during rainfall events WHILE STILL PREVENTING the pollutants from entering the storm drain sewer system, creeks, and Bay. The contractor shall designate an individual (to be approved by the City) of sufficient authority to halt


00701 - 3


work and implement BMPs and source control measures for the Contractor and all sub-contractors, suppliers, and other personnel that may be at the Work, to prevent pollutant discharges from the Work. This individual shall be the contact person for all matters of the Work regarding stormwater pollution. The Plan shall include and show locations and describe protocols for the following but not limited to material storage, dewatering operations, pavement saw-cutting operations, pavement operations, concrete operations, grading and excavation operations, spill prevention and control, vehicle and equipment cleaning, vehicle and equipment operation and maintenance, litter control, dust control, pavement cleaning, construction waste management, standard details of BMPs, and training for all employees, subcontractors, suppliers, and any others involved with the Work. Where BMPs affect traffic or parking, they shall be show on the traffic control plans for the Work. The plan shall be updated to meet changing stages of the Work. 7.04 Training. Contractor is responsible for ensuring all personnel, laborers, sub-contractors, suppliers, and any other personnel that are involved with the Work are trained in the importance of preventing stormwater pollution. Each worker shall be trained or certified as being trained before being allowed to work. Before any work begins, the Contractor shall submit and certify under penalty of perjury a list of all workers who have been trained on the importance of pollution prevention, BMP and source control operation and maintenance, and the authority of the City to stop the work in the event of a pollutant release. The training shall include as a minimum review of the BMP and Source Control Plan, and all BMPs (including BMP operation and maintenance) that are planned for the Work. 22.05 Enforcement. The City has the authority through appropriate sections of the BMC to enforce any portions of this section. City enforcement may include but is not limited to: citations, orders to abate, bills for City cleanup costs and administration, civil suits, and criminal charges and enforcement. Enforcement action by the City does not void or suspend any enforcement actions by other agencies, and actions by the City and other agencies shall be cumulative. 7.06 Payment. There shall be no separate pay item for complying with the provisions of this section, unless a separate pay item is provided in the bid schedule. 8. CREEK PROTECTION The Contractor shall be responsible for and conduct all aspects of the work within the requirements of BMC Chapter 17.08 – PRESERVATION AND RESTORATION OF NATURAL WATERCOURSES (Creek Ordinance), and any other creek protection requirements by other agencies. Portions of the Work involving the creek channel may not be permitted between October 15 through April 15, or other dates as may be stipulated in applicable permits. Any work between the creek banks shall be conducted to not create conditions, which will allow erosion, and shall be fully restored to at least the same erosion resistant condition as before the work. Complying with the requirements of creek protection shall include but not be limited to scheduling the Work around any time periods prohibiting work within creek limits, installing erosion control measures and employing appropriate BMPs for controlling erosion, monitoring, updating and modifying BMPs to meet the requirements for changing site conditions to comply with erosion control and creek protection, replanting creek banks to reestablish erosion resistance and bank stability. 9. AUDIO/VIDEO TAPE SURVEY The Contractor shall perform a pre-construction audio/video tape survey in order to adequately document the condition of existing improvements and supplemented by still photographs as needed. It is the responsibility of the Contractor to adequately document the condition of existing improvements and the Contractor may be held liable for any damage or condition whose pre-existence he/she is unable to document. No additional compensation for such tape survey and still photographs will be allowed. 10. CONFORMANCE TO PLANS AND SPECIFICATIONS The Contractor’s work shall conform to these specifications.


00701 - 4


Upon notification of the Project Manager, the Contractor shall correct any deficiencies within 72 hours. The City may request the City crews or contract with another contractor to perform the necessary work and repairs if the deficiencies have not been corrected after the 72-hour notification. The Contractor shall pay the cost of the work performed by the City crews or other contractor plus an additional seventy percent (70%) surcharge by deduction from payment due on the contract.

END OF DOCUMENT


00701 - 5


DOCUMENT 00810 SUPPLEMENTAL GENERAL CONDITIONS PART 1 GENERAL 1.01 DESCRIPTION

This document includes requirements which supplement the sections of Document 00700 General Conditions. 1.02 SUPPLEMENTS

A. SUPPLEMENT TO PARAGRAPH 4 (Bonds and Insurance)

1. Subparagraph 4.B.1.a: Comprehensive general liability insurance coverage is $2,000,000 each occurrence Bodily Injury and $10,000,000 each occurrence Property Damage, with defense costs payable in addition to policy limits.

2. Subparagraph 4.B.1.b: Comprehensive automobile liability insurance is $2,000,000 each

person Bodily Injury, $2,000,000 each occurrence Bodily Injury and $2,000,000 each occurrence Property Damage.

3. Subparagraph 4.B.1.c: All-risk course of construction insurance amount is 100% of the

completed value of the work to be done under this contract. Deductible is $25,000.

4. Subparagraph 4.B.1.d: Environmental Liability Insurance is $1,000,000 each occurrence, subject to a $2,000,000 aggregate applicable to each job, with defense costs payable in addition to policy limits. The minimum deductible or self-insured retention permissible is $25,000 each occurrence.

5. Subparagraph 4.B.1.e: Employer Liability Insurance is $1,000,000 each accident, with

defense cost payable in addition to policy limits.

6. Not used

PART 2 PRODUCTS

Not applicable to this section. PART 3 EXECUTION

Not applicable to this section.

PART 4 FEMA SUPPLEMENTARTY CONDITIONS

A. DEBARMENT

1. The Contractor and any prospective lower tier participant certifies that neither it nor its principals is presently debarred, suspended, or otherwise excluded from participation in this project by any Federal department or agency, as well as a party declared ineligible under statutory or regulatory authority other than Executive Order 12549.

2. The City will insure the Contractor and any lower participants are not debarred by

checking the government’s System Award Management (SAM).

Supplemental General Conditions (10-01) 00810 - 1


B. ADDITIONAL FEDERAL CONTRACTING REQUIREMENTS

1. The Contractor shall comply with Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as

supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

2. The Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-

3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”)

a. This project is a public work in the State of California, funded in whole or in

part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced.

3. The Contractor shall comply with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5).

4. The Contractor shall comply with all applicable standards, orders or regulations issued

pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). (Contracts and subgrants of amounts in excess of $150,000).

5. The Contractor shall file the required certification as required by the Byrd Anti-Lobbying

Amendment (31 U.S.C. 1352). Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the City.

6. The City shall have patent rights with respect to any discovery or invention which arises

or is developed in the course of or under such contract. 7. The City shall have copyrights and rights respective to any data which arises or is

developed in the course of or under such contract. 8. The Contractor must comply with section 6002 of the Solid Waste Disposal Act, as

amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

C. EQUAL OPPORUTNITY CLAUSE:



During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.



(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

END OF DOCUMENT



DOCUMENT 00811 SUPPLEMENTAL GENERAL CONDITIONS--HAZMAT 1. This document includes requirements which supplement the articles of Document 00700, GENERAL

CONDITIONS as they apply to location, removal, remediation and disposal of hazardous materials and hazardous waste.

2. SUPPLEMENT TO PARAGRAPH 2, Bidding.

a. Document 00240 (Hazardous Materials Survey) is included as a bidding document, subject to Paragraph 2.A. Bidder may rely on data made available under and described in Document 00240 (Hazardous Materials Survey) regarding the general location of hazardous materials in the same manner and to the extent that Bidder may rely on technical data under Paragraph 2.B.3. Bidders shall advise City in writing of any discovered discrepancies or lack of information regarding data supplied under Document 00240 (Hazardous Materials Survey) promptly upon knowledge.

3. SUPPLEMENT TO PARAGRAPH 5.G, Precedence of Documents.

a. Should any provision or requirement of any Contract Document conflict with another provision or requirement in the Contract Documents on subject matters of hazardous waste abatement, clean up, disposal, or required safety standards or methods, then the most stringent provision or requirement shall control.

4. SUPPLEMENT TO PARAGRAPH 7.B, Means and Methods of Construction.

a. Nothing contained in these Contract Documents or inferable therefrom shall be deemed or construed (1) to make Contractor the agent, servant or employee of City, or (2) to create any partnership, joint venture or other association between City and Contractor.

5. SUPPLEMENT TO PARAGRAPH 8, Control of the Work.

a. Paragraph 8.B: City shall exercise administration on Contract. City has employed a consultant to assist in the preparation of the contract specifications. City reserves the right to assign or delegate to this consultant, or any other consultant ("Consultant") any or all of the responsibilities of the Architect/Engineer under the Contract Documents, or alternatively, to act as City's representative.

Contractor shall cooperate with Consultant as directed by City. Consultant's duties may include observing the Contractor's health and safety program and practices, observing the abatement construction activities, observing the contractor's abatement work practices for compliance with the Contract Documents, observing the extent of material removed from each job site, reviewing payment requests, reviewing reports required by governmental or quasi-governmental agencies or the Contract Documents, and providing clearance tests after abatement is completed. No action, omission to act, approval, or failure to advise Contractor as to any matter by Consultant shall in any way relieve the Contractor from its responsibility for the performance of the Work in strict accordance with the Contract Documents and applicable Law.

6. SUPPLEMENT TO PARAGRAPH 9, Warranty, Guarantee and Inspection of Work.

a. With respect to hazardous materials/waste removal, abatement or disposal, the last sentence of paragraph 9.A.1, beginning with the words "Notwithstanding the foregoing" is deleted, and the first clause in the second sentence "Subject to the last sentence of this paragraph" is deleted.

b. Add to the end of paragraph 9.A the following additional warranties and representations:

"Additional Warranties and Representations:

Supplemental General conditions – Hazmat (10-01) 00811 - 1


a. Contractor represents and warrants that it, its employees and its subcontractors and their

employees, shall at all times have the required levels of familiarity with the Site and the Work, training and ability to comply fully with all applicable Law and contract requirements for safe and expeditious performance of the Work, including whatever training is or may be required regarding the activities to be performed (including, but not limited to, all training required to adequately address the actual or potential dangers of contract performance).

b. Contractor represents and warrants that it, its employees and its subcontractors and their

employees, shall at all times have and maintain in good standing any and all certifications and licenses required by applicable federal, state and other governmental and quasi-governmental requirements applicable to the Work.

c. Contractor represents and warrants that it has studied carefully all requirements of the

specifications regarding procedures for demolition, hazardous waste abatement, or safety practices, specified in this contract, and prior submitting its bid, has either (a) verified to its satisfaction that the specified procedures are adequate and sufficient to achieve the results intended by the Contract Documents, or (b) by way of approved "or equal" request or request for clarification and written Addenda, secured changes to the specified procedures sufficient to achieve the results intended by the Contract Documents. Contractor accepts the risk that any specified procedure will result in a completed project in full compliance with the contract requirements.

c. Add a new paragraph 9.F.5:

5. a. City reserves the right, in its sole discretion, to conduct air monitoring, earth monitoring,

work monitoring, and any other tests (in addition to testing required under the agreement or applicable law), to monitor contract requirements of safe and statutory compliant work methods and (where applicable) safe re-entry level air standards under State and Federal law upon completion of the job, and compliance of the work with periodic and final inspection of public and quasi-public entities having jurisdiction.

b. Contractor acknowledges that City also has the right to perform, or cause to be

performed, various activities and tests including, but not limited to, pre-abatement, during abatement and post-abatement air monitoring, provided that City shall have no obligation to perform said activities and tests, and that a portion of said activities and tests may take place prior to the completion of the Work by Contractor. In the event City elects to perform these activities and tests, Contractor shall afford City ample access to the Site and all areas of the Work as may be necessary for the performance of these activities and tests. Contractor will include the potential impact of these activities for tests by City in the Contract Sum and the Scheduled Completion Date.

Notwithstanding City's rights granted by this paragraph, Contractor shall retain its own industrial hygiene consultant and shall have primary responsibility for collecting samples and perform all applicable, relevant or appropriate activities and tests including, but not limited to, pre-abatement, during abatement and post-abatement air monitoring, required or suggested by the Contract Documents, the Law, or both, and City reserves the right to request documentation of all such activities and tests performed by Contractor relating to the Work.

7. SUPPLEMENT TO PARAGRAPH 11.C, Cost data.

6. Contractor shall obtain and maintain and shall furnish to City on completion of the Work or at any other time requested by City, all necessary permits, licenses, approvals, authorizations, notifications, training certificates, respirator certificates, reports, correspondence, test results, air



monitoring certificates, forms, medical records, medical certificates, notes and photographs of work conditions, approved shipping and disposal facility receipts, manifests, and all other documentation required by the Contract Documents or applicable Law, or both.

Contractor shall provide City with copies of each such document as it is generated and shall, as a condition to final payment, provide City with a complete set of such documents (bound, organized and indexed) at the conclusion of the Work. Contractor shall keep and maintain in retrievable files true and correct copies of all such documents for a period of not less than thirty (30) years after final completion of the Work. City shall have the right to inspect or photocopy these records and, if Contractor should cease business operations, then it shall furnish these records to City.

8. SUPPLEMENT TO PARAGRAPH 13.A

a. Add new paragraphs to Paragraph 13.A, which read:

"COMPLIANCE WITH LAWS. Contractor represents that it is familiar with shall comply with all laws applicable to the Work or completed Work including, but not limited to, all federal, state and local laws, statutes standards, rules, regulations and ordinances applicable to the Work (collectively, the "Law") relating to:

(1) the protection of the public health, welfare and environment,

(2) storage, handling or use of asbestos, PCB, lead, petroleum based products or other hazardous materials,

(3) the generation, processing, treatment, storage, transport, disposal, destruction or other management of asbestos, PCB, lead, petroleum or hazardous waste materials or other waste materials of any kind, or

(4) the protection of environmentally sensitive areas such as wetlands.

DISPOSAL. Contractor has the sole responsibility for determining current waste storage, handling, transportation and disposal regulations for the jobsite and for each waste disposal facility. Contractor must comply fully at its sole cost and expense with these regulations and any applicable Law. City, may, but is not obligated to, require submittals with this information for it to review consistent with the Contract Documents.

Contractor shall develop and implement a system acceptable to City to track hazardous waste from the site to disposals, including appropriate "Hazardous Waste Manifests" on the EPA form, so that City may track the volume of waste it put in each landfill and receive from each landfill a certificate of receipt.

Contractor shall provide City with the name and address of each waste disposal facility prior to any disposal, and City shall have the express right to reject any proposed disposal facility. Contractor shall not use any disposal facility to which City has objected. Contractor shall document actual disposal or destruction of waste at a designated facility by completing a disposal certificate or certificate of destruction forwarding the original to the general contractor.

9. SUPPLEMENT TO PARAGRAPH 13.B, Permits and Taxes.

a. Permits. Before performing any of the Work, and at such other times as may be required by applicable Law, Contractor shall deliver all requisite notices and obtain the approval of all governmental and quasi-governmental authorities having jurisdiction over the Work. Contractor shall submit evidence satisfactory to City that it and any disposal facility (1) have obtained all required permits, approvals and the like in a timely manner both prior to commencement of the



Work and thereafter as and when required by applicable Law, and (2) are in compliance with all such permits, approvals and the like. For example, before commencing any work in connection with the Work involving asbestos-containing materials or PCB subject to regulation, Contractor agrees to provide the required notice of intent to renovate or demolish to the appropriate state or federal agency having jurisdiction, by certified mail, return receipt requested, or by some other method of transmittal for which a return receipt is obtained, and to send a copy of that notice to City. Contractor shall not conduct any Work involving asbestos-containing materials or PCB unless Contractor has first confirmed that the appropriate agency having jurisdiction is in receipt of the required notification. All permits, licenses, bonds required by governmental or quasi-governmental authorities, fees, deposits, tap fees, offsite easements and asbestos and PCB disposal facilities necessary for the prosecution of the Work shall be procured and paid for by Contractor. Contractor shall give all notices and comply with the Law bearing on the conduct of the Work as drawn and specified. If Contractor observes or reasonably should have observed that Plans and Specifications and other Contract Documents are at variance therewith, it shall be responsible for promptly notifying City in writing of such fact. If Contractor performs any Work contrary to the Law without such notice to City, it shall bear all costs arising therefrom.

In the case of any permits or notices held in City's name or of necessity to be made in City's name, City shall cooperate with Contractor in securing the permit or giving the notice, but the Contractor shall prepare for City's review and execution upon approval, all necessary applications, notices and other materials.

10. SUPPLEMENT TO PARAGRAPH 13.C, Responsibility of Contractor and Indemnification.

a. Indemnification. To the extent permitted by law, the indemnities and limitations of liability expressed throughout the Contract Documents apply with equal force and effect to any claims or liabilities imposed or existing by virtue of the removal, abatement and disposal of hazardous waste. This includes liabilities connected to the selection and use of a waste disposal facility, personal injury, property damage, loss of use of property, damage to the environment or natural resources, or "disposal" and "release" of materials associated with the Work (as defined in 42 U.S.C. '' 9601 et seq).

11. SUPPLEMENT TO PARAGRAPH 13.G, Termination of Contract for Cause.

a. Notwithstanding anything in Paragraph 13.G to the contrary, City shall have an absolute right to terminate for default immediately without ten days notice and without an opportunity to cure should Contractor knowingly or recklessly commit a material breach of the terms of the Contract Documents or the Law, on any matter involving the exposure of persons or property to hazardous waste. However, if the breach of contract exposing persons or property to hazardous waste is due solely to an ordinary, unintentional and non-reckless failure to exercise reasonable care, then the procedures in Paragraph 13.G for termination for default shall apply without modification.

12. SUPPLEMENT TO PARAGRAPH 16.B, Protection of Work, Persons and Property.

a. Contractor shall perform safe, expeditious and orderly work in accordance with the best practices and the highest standards in the hazardous waste abatement, removal and disposal industry, the Law (as herein defined), and the Contract Documents, including, but not limited to, all responsibilities relating to the preparation and return of waste shipment records, all requirements of the Law, delivering of all requisite notices, and obtaining all necessary governmental and quasi governmental approvals.

END OF DOCUMENT



DOCUMENT 00812

SUPPLEMENTAL GENERAL CONDITIONS CITY OF BERKELEY CONTRACTING POLICES PART 1 - GENERAL 1.01 DESCRIPTION

A. This document includes requirements which supplement the sections of the General Conditions. 1.02 PROHIBITED DISCRIMINATION. The following paragraphs shall be added to the General Conditions as

a new Section 17. A, and with the additions set forth in Sections 1.03 through 1.08, below, shall constitute a new Section 17 of the General Conditions, entitled “17: City of Berkeley Contracting Policies”.

“17. A PROHIBITED DISCRIMINATION: During prosecution of the Work to be done under the

Contract, Contractor agrees to comply with the provisions of Berkeley Municipal Code (“B.M.C.”) Chapter 13.26, including, but not limited to, the following:

1. Contractor shall not discriminate against any employee or applicant for employment because

of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

2. Contractor shall permit the City access to records of employment, employment

advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In addition, Contractor shall submit forms supplied by the City to monitor this non-discrimination provision.”

1.03 CONFLICTS OF INTEREST PROHIBITED. The following paragraphs shall be added to the General

Conditions as a new Section:

“17. B CONFLICTS OF INTEREST PROHIBITED:

1. In accordance with Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, neither Contractor nor any employee, officer, director, partner or member of Contractor or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a City board, committee or commission member, who has directly or indirectly influenced the making of the Agreement.

2. In accordance with Government Code section 1090 and the Political Reform Act, Government

Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant of the Contractor, or immediate family member of any of the preceding, shall make or participate in a decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Contractor.

a. Interpretation of this section shall be governed by the definitions and provisions used in

the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.”

Supplemental General Conditions City of Berkeley Contracting Policies

(01-03) 00812 - 1


1.04 NUCLEAR FREE BERKELEY ORDINANCE. The following paragraphs shall be added to the General

Conditions as a new Section:

“17. C NUCLEAR FREE BERKELEY ORDINANCE:

1. Contractor agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.”

1.05 CONTRACTUAL RELATIONS WITH PROHIBITED ENTITIES. The following paragraphs shall be

added to the General Conditions as a new Section:

“17. D CONTRACTUAL RELATIONS WITH PROHIBITED ENTITIES

1. OPPRESSIVE STATES

a. In accordance with Resolution No. 59,853-N.S. (Appendix 00812-A), Contractor certifies that it has no contractual relations with, and agrees during the term of this agreement to forego contractual relations to provide personal services to, the following entities:

1. The governing regime in any Oppressive State. 2. Any business or corporation organized under the authority of the governing regime

of any Oppressive State. 3. Any individual, firm, partnership, corporation, association, or any other

commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.

b. Appendix A to Resolution No. 59,853-N.S. designates the following as Oppressive States

for the purposes of this Contract:

1. Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang.

c. Contractor’s failure to comply with this section shall constitute a default of this Contract and City may terminate this Contract pursuant to Section 00700, Subsection 1.13(G).

1. In the event that the City terminates Contractor due to a default under this

provision, City may deem Contractor a non-responsible bidder for five (5) years from the date this Contract is terminated.”

1.06 REQUIRED AND PROHIBITED WORK MATERIALS. The following paragraphs are added to the

General Conditions as a new Section:

“17. E REQUIRED AND PROHIBITED WORK MATERIALS

1. RECYCLED PAPER

a. If Contractor is required by this Agreement to prepare a written report or study, Contractor shall use recycled paper for said report or study when such paper is available at a cost of not more than ten percent more than the cost of virgin paper, and when such paper is available at the time it is needed. For the purposes of this Agreement, recycled paper is paper that contains at least 50% recycled product. If recycled paper is not


(01-03) 00812 - 2


available, Contractor shall use white paper. Written reports or studies prepared under this Agreement shall be printed on both sides of the page whenever practical.

2. TROPICAL HARDWOODS

a. Contractor shall comply with the terms of Resolution No. 58,291-N.S. (Appendix 00812-

B) prohibiting the use of any tropical hardwood or wood product, including, but not limited to, those enumerated in Resolution No. 58,291-N.S. Contractor must submit, with its bid, a statement Tropical Hardwood Disclosure form.

b. Except as expressly permitted by the application of Sections 3.B and 4.B. of Resolution

No. 58,291-N.S., Contractor shall not provide any items to the City in performance of this contract which are tropical hardwoods or tropical wood products.

c. Contractor's failure to comply with this section shall constitute a default of this

Agreement and Contractor agrees that City may take any of the following actions:

1. terminate this Agreement pursuant to Paragraph 14.3 of the General Conditions; 2. withhold funds due the Contractor under any contract with the City; 3. order revision of the Agreement based upon a material breach of Agreement

provisions or pertaining to representations made in bidding, execution or performance of the Agreement;

4. disqualify the Contractor from eligibility for providing commodities or services to

the City for a period not to exceed five (5) years, with a right to review and reconsideration by the City after two (2) years upon a showing of corrective action, indicating violations are not likely to recur.

d. Notwithstanding the provisions of Section 3.2 of the Agreement, Contractor

acknowledges and agrees that its failure to comply with this requirement justifies liquidated damages in an amount equal to Contractor's net profit, or five percent (5%) of the total contract amount, whichever is greater.

1. Liquidated damages under this provision shall be payable to the City upon demand

and may be set off against any monies due to the Contractor from any contract with the City.

3. VIRGIN REDWOOD

a. Contractor agrees to comply with the City Council's October

29, 1996, directive not to purchase virgin redwood for the prosecution of the work to be done under this Contract and in its place purchase and use:

1. Redwood that has been previously used or 2. certified, sustainable-harvested redwood as the preferred alternative to virgin and

non-certified redwood, and not pressure-treated lumber of other species as an alternative to redwood.”


(01-03) 00812 - 3


4. TREATED WOOD

a. Contractor shall comply with the terms of Resolution No. 61,724-N.S. (Appendix 00812-

E) prohibiting the use of Pentachlorophenol, arsenic and creosote treated wood. No such wood shall be used by the contractor in this or any other City project without the express written consent of the City Council.

1.08 EQUAL BENEFITS ORDINANCE. The following paragraph shall be added to Document 00700 (General

Conditions) as a new Section: “17.G EQUAL BENEFITS ORDINANCE:

1. Contractor hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29 (Appendix 00812-D). If Contractor is currently subject to the Berkeley Equal Benefits Ordinance, as indicated by the Equal Benefits Certification form, as contained in Document 00680, Contractor will be required to provide all eligible employees with City mandated equal benefits, as defined in B.M.C. Chapter 13.29, during the term of this contract, as well as comply with the terms enumerated herein.

2. If Contractor is currently or becomes subject to the Berkeley Equal Benefits Ordinance,

Contractor agrees to provide the City with all records the City deems necessary to determine compliance with this provision. These records are expressly subject to the auditing terms described in Document 00700, Section 11.C of this contract.

3. If Contractor fails to comply with the requirements of this Section, City shall have the rights

and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

4. Contractor’s failure to comply with this Section shall constitute a material breach of the

Contract, upon which City may terminate this contract pursuant to Document 00700, Sections 13G and H, as applicable. In the event the City terminates this contract due to a default by

Contractor under this provision, the City may deem Contractor a non-responsible bidder for not more than five (5) years from the date this Contract is terminated.

In addition, at City’s sole discretion, Contractor may be responsible for liquidated damages in

the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Contractor’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Contractor’s breach. City may deduct any assessed liquidated damages from any payments otherwise due Contractor.”


(01-03) 00812 - 4


SCHEDULE OF APPENDECES

TO MODIFICATIONS TO GENERAL CONDITIONS

Schedule of Exhibits: (the following Exhibits are on file at the Berkeley City Clerk’s office and will be made available on request to any interested party)

A. City Council Resolution No. 59,853-N.S. (Re: Oppressive States).

B. City Council Resolution No. 58,291-N.S. (Re: Tropical Hardwoods). C. Berkeley Municipal Code, Chapter 13.29, Equal Benefits Ordinance D. City Council Resolution No. 61,724-N.S. (Re: Treated Wood).

END OF DOCUMENT


(01-03) 00812 - 5

JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C DOCUMENT 00822 APPRENTICESHIP PROGRAM Contractor and subcontractors shall comply with the requirements of California Labor Code Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. Section 1777.5, as amended, requires a Contractor or subcontractor employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of a public works project and which administers the apprenticeship program in that trade for a certification of approval. The certificate will also fix the ratio of apprentices to journeypersons that will be used in performance of the Contract. The ratio of work performed by apprentices to journeypersons in such cases shall not be less than one hour of apprentices work for every five hours of labor performed by journeypersons (the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeypersons), except: A. When unemployment for the previous three-month period in the area exceeds an average of 15 percent; B. When the number of apprentices in training in the area exceeds a ratio of one to five; C. When a trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an

annual basis state-wide or locally; or D. Assignment of an apprentice to any work performed under a public works contract would create a condition

which would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson.

Contractor is required to make contributions to funds established for administration of apprenticeship programs if Contractor employs registered apprentices or journeypersons in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices. END OF DOCUMENT

Apprenticeship Program (10-01) 00822 - 1


DOCUMENT 00900 ADDENDA

[DOCUMENT TO BE COMPLETED AS ADDENDA DURING BID PERIOD] END OF DOCUMENT

Addenda (10-01) 00900 - 1


DIVISION 1 - GENERAL SPECIFICATIONS

SECTION 01000

SUMMARY OF WORK

PART 1 GENERAL 1.01 SUMMARY

A. This section includes summary of work including:

1. Work Covered By Contract Documents 2. Bid items, Allowances and Alternates 3. Work Under Other Contracts 4. Future Work 5. Work Sequence 6. Cooperation Of Contractor And Coordination With Other Work 7. Maintenance 8. Occupancy Requirements 9. Reference Standards 10. Products Ordered In Advance 11. City-Furnished Products

1.02 WORK COVERED BY CONTRACT DOCUMENTS

A. Work of Contract comprises the seismic improvements for the existing James Kenney Community Center, new exterior work includes siding, sheathing, painting, windows, decorative fencing, and gate, complete upper lateral replacement, and removal of exterior ramp and replacement with stair; interior work includes new shear walls as needed for seismic support, patching of finishes at areas of repair, and accessibility upgrade of restrooms for the City of Berkeley (“City”), located at James Kenney Community Center, 1720 8th Street, Berkeley, CA, and ancillary work in accordance with the terms and conditions of the Contract Documents. Work to begin on or around August 17, 2016.

B. Unless provided otherwise in the Contract Documents, all risk of loss to Work covered by Contract

Documents shall rest with Contractor until Final Completion and Acceptance of the Work.

1.03 BID ITEMS A. Any bid item may be deleted in total or in part prior to or after award of Contract without

compensation in any form or adjustment of other bid items or prices therefore.

B. Descriptions:

1. Bid Item 1: Base Bid. Under this item, furnish and install all work shown on Drawings and described in Specifications and all other Contract Documents, including connections to existing systems for complete and operational new facilities, except that work described in Other Bid Items (if any), Allowances And Alternates.

C. Allowances:

1. Allowance work shall be done as change orders. Contractor shall identify Allowance Items

(See Document 00300 Bid Form) work on the Progress Schedules and on Requests For Payment.

2. The amount given on the Bid Form under each Allowance Item is the sum of money set

Summary of Work (10-01) 01000 - 1


aside for each Allowance. These amounts shall be included in the Contract Price on the Bid Form.

3. If the cost of work done under any Allowance Item is less than the amount given on the

Bid Form under that Allowance Item, the Contract Sum shall be reduced by the difference between the amount given in the Bid Form and the cost of work actually done.

4. Scope of Allowances: All labor, materials, services and equipment necessary for the

completion of removal and repair of structural members and interior gypsum board damaged by dry rot.

D. Alternates:

1. Alternates will be exercised at the option of City.

2. Contractor must coordinate related work and modify surrounding work as required to complete Work, including changes under each Alternate designated in Document 00510 Agreement.

3. Scope of Alternates:

a. Exterior Fan Relocation: Removal of the seven (7) existing exterior wall mounted

exhaust fans, and provide four (4) new exhaust fans on the roof, and one (1) in line fan terminating at an exterior louver at the Men’s restroom..

b. Design-build fire protection system. 1.04 WORK UNDER OTHER CONTRACTS

A. Bahia Child Care Center adjacent to the James Kenney Community Center will be undergoing a residing and ADA upgrade project concurrently with this project. The selected contractor will need to coordinate with the construction manager in order to prevent conflict. The Bahia Child Care project has not yet been awarded.

1.05 FUTURE WORK

A. Not used.

1.06 WORK SEQUENCE

A. Construct Work in stages and at times to accommodate City operation requirements during the construction period; coordinate construction schedule and operations with Project Manager.

B. Not used.

1.07 COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK.

Contractor shall coordinate with City and any City forces, or other contractors and forces, as required by Document 00700 General Conditions, Paragraph 1.06

1.08 MAINTENANCE

Cost of maintenance of systems and equipment prior to Final Acceptance will be considered as included in prices bid and no direct or additional payment will be made therefor.

Summary of Work (10-01) 01000 - 2


1.09 OCCUPANCY REQUIREMENTS

A. Whenever, in the opinion of Project Manager, Work or any part thereof is in a condition suitable for use, and the best interest of City requires such use, City may take beneficial occupancy of and connect to, open for public use, or use the Work or such part thereof. In such case, City will inspect the Work or part thereof, and issue a Certificate of Substantial Completion for that part of Work.

B. Prior to date of Final Acceptance of the Work by City, all necessary repairs or renewals in Work or

part thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor, as required in Document 00700 General Conditions.

C. Use by City of Work or part thereof as contemplated by this section shall in no case be construed

as constituting acceptance of Work or any part thereof. Such use shall neither relieve Contractor of any responsibilities under Contract, nor act as waiver by City of any of the conditions thereof.

D. City may specify in the Contract Documents that portions of the Work, including electrical and

mechanical systems or separate structures, shall be substantially completed on milestone dates prior to substantial completion of all of the Work. Contractor shall notify Project Manager in writing when Contractor considers any such part of the Work ready for its intended use and substantially complete and request Project Manager to issue a Certificate of Substantial Completion for that part of the Work.

PART 2 PRODUCTS

2.01 REFERENCE STANDARDS

For products specified by association or trade standards, comply with requirements of standard, except where more rigid requirements are specified or are required by applicable codes.

2.02 PRODUCTS ORDERED IN ADVANCE: Not applicable

2.03 CITY FURNISHED PRODUCTS: Not applicable PART 3 EXECUTION Not applicable to this section.

END OF SECTION

Summary of Work (10-01) 01000 - 3



SECTION 01025

MEASUREMENT AND PAYMENT PART 1 GENERAL

1.01 SUMMARY

A. This section describes requirements and procedures for determining amount of work done and for obtaining payment for work done.

B. Related Sections.

1. Section 01000: Summary of Work 2. Section 01035: Modification Procedures 3. Section 01300: Submittals 3. Section 01310: Progress Schedule 4. Section 01700: Contract Closeout

1.02 REFERENCES

California Public Contract Code 1.03 SCOPE OF WORK

Work under Contract, or under any bid item, allowance or alternate, shall include all labor, materials, transport, handling, storage, supervision, administration and all other items necessary for the satisfactory completion of Work, whether or not expressly specified or shown.

1.04 DETERMINATION OF QUANTITIES

Quantity of work to be paid for under any item for which a unit price is fixed in Contract shall be number, as determined by Project Manager, of units of work satisfactorily completed in accordance with the Contract Documents and as directed pursuant to the Contract Documents. Unless otherwise provided, determination of number of units of work so completed will be based, so far as practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits. Measurements and computations will be made by methods as Project Manager may consider appropriate for class of work measured.

1.05 SCOPE OF PAYMENT

A. Except as otherwise expressly stipulated in Section 01000 Summary of Work, payment to Contractor at the unit price or other price fixed in the contract for performing the work required under any item, or (if the contract is on a lump sum price basis) at the lump sum price fixed in the contract for performing all work required under the contract, and as either may be adjusted pursuant to any approved change order, shall be full compensation for completing, in accordance with the Contract Documents, all work required under the item or under the contract, and for all expense incurred by Contractor for any purpose in connection with the performance and completion of said work, including all incidental work necessary for completion of the Work.

B. The Contract Sum, whether lump sum, unit price or otherwise, shall be deemed to include all costs

necessary to complete required Work, shall also include any costs for loss or damage arising from nature of Work or, prosecution of the Work, or from action of elements. Unless the Contract Documents expressly

Measurement and Payment (11-15) 01025 - 1


provide otherwise, the Contract Sum shall be deemed to include: 1. Any and all costs arising from any unforeseen difficulties which may be encountered during, and all

risks of any description connected with, prosecution of Work until acceptance by City;

2. All expenses incurred due to suspension, or discontinuance of Work as provided in Contract;

3. Escalation to allow for cost increases between time of Contract Award and completion of Work.

C. Whenever it is specified herein that Contractor is to do work or furnish materials of any class for which no price is fixed in the Contract, it shall be understood that Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.

D. No payment shall be made for materials or equipment not yet incorporated into the Work, except as

specified in Section 01000:

E. For the materials and equipment referenced in Section 01000 as subject to payment prior to incorporation into the work, where Contractor requests payment on the basis of such materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:

1. The materials and/or equipment shall be delivered and suitably stored at the site or at another local

location agreed to in writing, for example, a mutually acceptable warehouse;

2. Full title to the materials and/or equipment shall vest in City at the time of delivery to the site, warehouse or other storage location;

3. Contractor shall obtain a negotiable warehouse receipt, endorsed over to City for materials and/or

equipment stored in an off-site warehouse. No payment shall be made until such endorsed receipts are delivered to Project Manager;

4. Stockpiled materials and/or equipment shall be available for City inspection. Materials and/or

equipment shall be segregated and labeled or tagged to specifically identify this specific Contract;

5. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at Contractor's expense;

6. At its expense, Contractor shall insure the materials and/or equipment against theft, fire, vandalism,

and malicious mischief, as well as any other coverages required under the Contract Documents;

7. Contractor's application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that City has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect City's interest therein, all of which must be satisfactory to City.

1.06 BASIS OF PAYMENT

A. Unit Pay Quantities: When estimated quantity for specific portions of Work is listed in Bid Form, quantity of work to be paid for shall be actual number of units satisfactorily completed in accordance with the Contract Documents.

B. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated

as Lump Sum, payment will be on a Lump Sum basis for Work satisfactorily completed in accordance with the Contract Documents.



C. Allowances: Allowance items will be paid for as provided in Section 01000 Summary of Work. Funds authorized for Allowance work will not be released for contract payments unless Allowance work has been authorized in writing by City.

D. City does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount

of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add work not included in Bid, when in its judgment such change is in best interest of City. No change in Work shall be considered waiver of any other condition of Contract. No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between amount of work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.

1.07 PROGRESS PAYMENTS

A. If requested by Contractor, progress payments will be made monthly.

B. Schedule of Values.

1. Within ten (10) calendar days from issuance of Notice of Award and prior to the Contractor's application for the first progress payment, the Contractor shall submit a detailed breakdown of its bid by scheduled Work items and/or activities, including coordination responsibilities and project record document responsibilities. Where more than one subcontractor comprises the work of a work item or activity, the Schedule of Values shall show a separate line item for each subcontract. The Contractor shall furnish such breakdown, of the total Contract Sum, by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, which cumulative sum equals the total Contract Sum. The format and detail of the breakdown shall be as directed by Project Manager to facilitate and clarify future progress payments to Contractor for direct Contract Work. This breakdown shall be referred to as the Schedule of Values.

2. Contractor's overhead, profit, insurance, cost of bonds and/or other financing, as well as "general

conditions costs," (e.g., site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equal Contractor's total Contract Sum, less any allowances designated by Project Manager.

3. Project Manager will review the breakdown in conjunction with the Progress Schedule to ensure

that the dollar amounts of this Schedule of Values are, in fact, fair market cost allocations for the Work items listed. Upon favorable review by Project Manager, this Schedule of Values will be accepted for use by Project Manager. City and Project Manager shall be the sole judges of fair market cost allocations.

4. Any attempt to increase the cost of early activities, i.e., "front loading," will be rejected by City,

resulting in a complete reallocation of monies until such "front loading" is corrected. Repeated attempts at "front loading" may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to City.

C. Payment Requests

1. On or before the twenty-fifth (25) day of each month, Contractor shall submit to Project Manager

three (3) copies of a request for payment for the cost of the Work put in place during the period from the 26th day of the previous month to the 25th day of the current month. Such requests for progress payments shall be based upon Schedule of Values prices of all labor and materials incorporated in the Work up until midnight of the last day of that one month period, less the aggregate of previous payments. If Contractor is late submitting its payment request, that payment



request may be processed at any time during the succeeding one month period, resulting in processing of Contractor's payment request being delayed for more than a day for day basis.

2. Payment requests may include, but are not necessarily limited to the following:

a. Material, equipment and labor incorporated into the Work, less any previous payments for

the same;

b. Up to eighty percent (80%) of the cost of major equipment identified in paragraph 1.05.D above, if purchased and delivered to the site or stored off site, as may be approved by Project Manager.

3. Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the

payment request and that Contractor has fulfilled all scheduling requirements of Document 00700 General Conditions and Section 01310 Progress Schedules and Reports, including updates and revisions. The certification shall be executed by a responsible officer of the Contractor.

4. No progress payment will be processed prior to Project Manager receiving all requested, acceptable

schedule update information.

5. Each payment request shall list each Change Order executed prior to date of submission, including the Change Order Number, and a description of the work activities, consistent with the descriptions of original work activities. Contractor shall submit a monthly Change Order status log to Project Manager.

6. If Project Manager requires substantiating data, Contractor shall submit information requested by

Project Manager, with cover letter identifying Project, payment request number and date, and detailed list of enclosures. Contractor shall submit one copy of substantiating data and cover letter for each copy Payment request submitted.

7. Monthly progress payments shall be made, based on total value of activities completed or partially

completed, as determined by City with participation of Contractor, and based upon approved activity costs. Accumulated retainage will be shown as separate item in payment summary. If Contractor fails or refuses to participate in construction progress evaluation with City, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and schedule update information for City.

D. Progress Payments

1. Upon receiving Contractor's payment request, Project Manager will review the payment request and

make necessary adjustments to percent of completion of each activity. One copy will be returned to Contractor with description of adjustments made. All parties will update percentage of completion values in the same manner, i.e., express value of an accumulated percentage of completion to date.

2. The payment request may be reviewed by Project Manager, Architect/Engineer and/or inspectors,

for the purpose of determining that the payment request is a proper payment request, and shall be rejected, revised or approved by Project Manager pursuant to the cost breakdown prepared in accordance with Section 1.07(B) of this Section.

3. If it is determined that the payment request is not a proper payment request suitable for payment,

Project Manager shall return it to the Contractor as soon as practicable, but no later than seven (7) days after receipt, together with a document setting forth in writing the reasons why the payment request is not proper. If Project Manager determines that portions of the payment request is not proper or not due under the Contract Documents, then Project Manager may approve the other portions of the payment request, and in the case of disputed items or defective work not remedied,



may withhold up to 150% of the disputed amount from the progress payment.

4. Pursuant to Public Contract Code Section 20104.50, if City fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a contractor, City shall pay interest to the Contractor equivalent to the legal rates set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. The thirty (30) day period shall be reduced by the number of days by which City exceeds the seven (7) day return requirement set forth herein.

5. As soon as practicable after approval of each request for progress payment, City will pay to

Contractor in manner provided by law, an amount equal to ninety five percent (95%) of Project Manager's estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of Project Manager, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected.

6. Not used.

7. Before any progress payment or final payment is made, the Contractor may be required to submit

satisfactory evidence that Contractor is not delinquent in payments to employees, subcontractors, suppliers, or creditors for labor and materials incorporated into Work.

8. City reserves and shall have the right to withhold payment for any equipment and/or specifically

fabricated materials that, in the sole judgment of Project Manager, is not adequately and properly protected against weather and/or damage, prior to or following incorporation into the Work.

9. Granting of progress payment or payments by City, or receipt thereof by Contractor, shall not be

understood as constituting in any sense acceptance of Work or of any portion thereof, and shall in no way lessen liability of Contractor to replace unsatisfactory work or material, though unsatisfactory character of work or material may have been apparent or detected at time payment was made.

10. When City shall charge sum of money against Contractor under any provision of Contract, amount

of charge shall be deducted and retained by City from amount of next succeeding progress payment or from any other moneys due or that may become due Contractor under Contract. If, on completion or termination of Contract, such moneys due Contractor are found insufficient to cover City's charges against it, City shall have right to recover balance from Contractor or Sureties.

1.08 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION

Pursuant to provisions of Public Contract Code Section 22300, substitution of securities for any monies withheld under Contract to insure performance is permitted under following conditions:

1. At request and expense of Contractor, securities listed in Section 16430 of the Government Code, bank or

savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City which are equivalent to the amount withheld under retention provisions of Contract shall be deposited with Controller or with a state or federally chartered bank in California, as the escrow agent, who shall then pay such monies to Contractor. Upon satisfactory completion of Contract, securities shall be returned to Contractor.

2. Alternatively, Contractor may request and City shall make payment of retentions earned directly to the

escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from escrow agent all securities,



interest, and payments received by the escrow agent from City, pursuant to the terms of this section. The Contractor shall pay to each subcontractor, not later than twenty (20) days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of the Contractor.

3. Contractor shall be beneficial owner of securities substituted for monies withheld and shall receive any

interest thereon.

4. Contractor shall enter into escrow agreement with Controller according to Document 00520, Escrow Agreement, as authorized under Public Contract Code Section 22300, specifying amount of securities to be deposited, terms and conditions of conversion to cash in case of default of Contractor, and termination of escrow upon completion of Contract.

1.09 FINAL PAYMENT

A. As soon as practicable after all required Work is completed in accordance with Contract, including Contractor maintenance after Final Acceptance, City will pay to Contractor, in manner provided by law, unpaid balance of contract price of Work, or whole contract price of Work if no progress payment has been made, determined in accordance with terms of Contract, less sums as may be lawfully retained under any provisions of Contract or by law.

B. Prior progress payments shall be subject to correction in the final payment. Project Manager's

determination of amount due as final payment shall be final and conclusive evidence of amount of Work performed by Contractor under Contract, and shall be full measure of compensation to be received by Contractor.

C. Contractor and each assignee under an assignment in effect at time of final payment shall execute and

deliver at time of final payment and as a condition precedent to final payment, Document 00530, Agreement and Release of Any and All Claims, discharging City, its officers, agents, employees and consultants of and from liabilities, obligations, and claims arising under Contract.

1.10 EFFECT OF PAYMENT

Payment will be made by City, based on Project Manager's and Architect/Engineer's observations at the site and the data comprising the Application for Payment. Payment will not be a representation that Project Manager and Architect/Engineer has:

1. made exhaustive or continuous on-site inspections to check the quality or quantity of Work;

2. reviewed construction means, methods, techniques, sequences or procedures;

3. reviewed copies of requisitions received from subcontractors and material suppliers and other data

requested by City to substantiate Contractor's right to payment; or

4. made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the Contract Sum.

PART 2 PRODUCTS Not applicable to this section. PART 3 – EXECUTION Not applicable to this section. END OF SECTION




SECTION 01035

MODIFICATION PROCEDURES


A. This section describes general procedural requirements for alterations, modifications and extras.

B. Related Sections

1. Section 01000: Summary of Work 2. Section 01025: Measurement and Payment

1.02 GENERAL

A. Any change in scope of work or deviation from Contract Documents shall be accomplished only when authorized in writing by Project Manager.

B. Changes in scope of Work or deviation from Contract Documents may be initiated only by Contractor

or Project Manager.

1. Contractor may initiate changes by submitting Requests For Information (RFI), Requests For Substitution (RFS), Notice of Concealed or Unknown Conditions, or Notice of Hazardous Waste Conditions.

a. RFIs shall be submitted to seek clarification of Contract Documents.

b. RFSs shall be submitted in accordance with Document 00700 General Conditions to

request substitution of materials or methods of execution.

c. Notices of Concealed or Unknown Conditions shall be submitted in accordance with Document 00700, General Conditions.

d. Notices of Hazardous Waste Conditions shall be submitted in accordance with Document

00700, General Conditions.

2. Contractor shall be responsible for its costs to implement and administer RFIs and RFSs throughout the Contract duration. Regardless of the number of RFIs submitted, Contractor will not be entitled to additional compensation. Contractor shall be responsible for both City's and Architect/Engineer's administrative costs for answering its RFIs where the answer could reasonably be found by reviewing the Contract Documents, as determined by City; such costs will be deducted from progress payments.

3. Architect/Engineer may initiate changes by issuing a Supplemental Instruction (which shall

require written approval of Project Manager).

4. Project Manager may initiate changes in the Work or Contract Times by issuing Requests For Proposal (RFP) to Contractor. Such RFPs will detail all proposed changes in the Work and request a quotation of changes in Contract Sum and Contract Times from Contractor.

Modification Procedures (10-01) 01035 - 1

JAMES KENNEY SEISMIC RETROFIT Specification No. 16-11052-C 1.03 PROCEDURE

A. Contractor shall submit RFI to Architect/Engineer and Project Manager in compliance with Section 01036 (Requests for Information). Contractor shall reference each RFI to an activity of Progress Schedule and shall note time criticality of the RFI, indicating time within which a response is required. Project Manager shall respond by issuing a Clarification.

1. If Contractor is satisfied with the Clarification and does not request change in Contract Sum or

Contract Times, then the Clarification shall be executed without a change.

2. If Contractor believes that the Clarification results in change in Contract Sum or Contract Times, Contractor shall notify Project Manager and submit a Change Order Request (COR). Project Manager may then deny request for change, modify or rescind the Clarification or issue a Change Order.

B. Contractor shall submit RFS to Project Manager who may then deny request or issue RFP.

C. Contractor shall submit Notices of Concealed or Unknown Conditions to resolve unanticipated

conditions incurred in the execution of the Work. Procedures in Paragraph 13.D of Document 00700, General Conditions, shall be followed. If Project Manager determines that a change in Contract Sum or contract Times is justified, Project Manager shall issue RFP or direct additional work under the Force Account provisions of the Contract.

D. Contractor shall submit Notices of Hazardous Waste Conditions to resolve problems regarding

hazardous materials encountered in the execution of the Work. Procedures in Paragraph 13.E of Document 00700, General Conditions, shall be followed. If Project Manager determines that a change in Contract Sum or contract Times is justified, Project Manager shall issue RFP or direct additional work under the Force Account provisions of the Contract.

E. Architect/Engineer may issue Supplemental Instruction to Contractor. Contractor shall not proceed

with Supplemental Instruction until Project Manager approves it in writing.

1. If Contractor is satisfied with Supplemental Instruction and does not request change in Contract Sum or Contract Times, then Supplemental Instruction shall be executed without a Change Order.

2. If Contractor believes that Supplemental Instruction results in change in Contract Sum or

Contract Times, Contractor shall notify Project Manager. Project Manager may then deny request for change, cancel or modify the Supplemental Instruction or issue RFP.

F. Responses by recipients shall be within a reasonable time.

G. Contractor shall respond to Project Manager's RFP within fifteen (15) working days by furnishing a

complete breakdown of costs of credits, deducts and extras; itemizing materials, labor, taxes, overhead and profit. Subcontract work shall be so indicated.

H. Upon approval of RFP, Project Manager will issue a Change Order directing Contractor to proceed

with extra work. If the parties do not agree on the price for an RFP, the Project Manager may decide the issue per Document 00700 (General Conditions), Paragraph 12.

I. Payment shall be made as follows:

1. Change Orders approved by the Project manager which increase or decrease the Contract Sum

or Contract Times shall be shown in next Progress payment Request.



2. Payment shall be made for Change Order work along with other work in progress payment following completion of Change Order work. Partial completion of Change Order work shall be paid for that part completed during the period covered by the monthly payment request.

1.04 COST DETERMINATION

A. Total cost of extra work or of work omitted shall be the sum of labor costs, material costs, equipment rental costs and specialist costs as defined herein plus overhead and profit as allowed herein. This limit applies in all cases of claims for extra work, whether calculating Change Orders, RFPs, or calculating claims of all types, and applies even in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected with the performance of extra work, of any nature, may be recovered by Contractor. No special, incidental or consequential damages may be claimed or recovered against City, its representatives or agents, whether arising from breach of contract, negligence or strict liability, unless specifically authorized in the Contract Documents.

B. Overhead and Profit:

1. Overhead shall be as defined in Article 1.08.

2. Overhead and profit on labor for extra work shall not exceed 17 percent (17%). 3. Overhead and profit on materials for extra work shall not exceed 12 percent (12%).

4. Overhead and profit on equipment rental for extra work shall not exceed 12 percent (12%).

5. When extra work is performed by a first tier subcontractor, Contractor shall receive a 5 percent

(5%) markup on subcontractors' total costs of extra work.

6. When extra work is performed by a lower tier subcontractor, Contractor shall receive a total of 10 percent (10%) markup on the lower tier subcontractors' total costs of extra work. Contractor and first tier subcontractors and lower tier subcontractors shall divide the 10% markup as mutually agreed.

C. Taxes:

1. Alameda County Sales Tax should be included. 2. Federal and Excise Tax shall not be included.

D. Owner Operated Equipment

When owner-operated equipment is used to perform extra work, Contractor will be paid for equipment and operator as follows:

1. Payment for equipment will be made in accordance with Paragraph 1.05.C. 2. Payment for cost of labor will be made at no more than rates of such labor established by

collective bargaining agreements for type of worker and location of work, whether or not owner-operator is actually covered by such an agreement.

1.05 COST BREAKDOWN

A. Labor - Contractor will be paid cost of labor for workers (including forepersons when authorized by



Project Manager) used in actual and direct performance of extra work. Labor rate, whether employer is Contractor, subcontractor or other forces, will be sum of following:

1. Actual Wages - Actual wages paid shall include any employer payments to or on behalf of

workers for health and welfare, pension, vacation and similar purposes.

2. Labor surcharge - Payments imposed by City, City, State and Federal laws and ordinances, and other payments made to, or on behalf of, workers, other than actual wages as defined in subparagraph 1 above, such as taxes and insurance. Labor surcharge shall be as set forth in California Department of Transportation official labor surcharges schedule which is in effect on date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein.

B. Material - Only materials furnished by Contractor and necessarily used in performance of extra work

will be paid for. Cost of such materials will be cost, including sales tax, to purchaser (Contractor, subcontractor or other forces) from supplier thereof, except as the following are applicable:

1. If cash or trade discount by actual supplier is offered or available to purchaser, it shall be

credited to City notwithstanding fact that such discount may not have been taken.

2. For materials salvaged upon completion of extra work, salvage value of materials shall be deducted from cost, less discount, of materials.

3. If cost of a material is, in opinion of Project Manager, excessive, then cost of material shall be

deemed to be lowest current wholesale price at which material is available in quantities concerned delivered to Site, less any discounts as provided in subparagraph 1 above.

C. Equipment Rental

For Contractor or subcontractor-owned equipment, payment will be made at rental rates listed for equipment in California Department of Transportation official equipment rental rate schedule which is in effect on date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type. If, however, equipment of unwarranted size or type and cost is used, cost of use of equipment shall be calculated at rental rate for equipment of proper size and type. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer approved modifications, shall be used to classify equipment for determination of applicable rental rates. Individual pieces of equipment or tools not listed in said publication and having a replacement value of three hundred dollars ($300) or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor as payment is included in payment for labor. Rental time will not be allowed while equipment is inoperative due to breakdowns.

1. For equipment on Site, rental time to be paid for equipment shall be time equipment is in

operation on extra work being performed or on standby as approved by Project Manager. The following shall be used in computing rental time of equipment:

a. When hourly rates are listed, less than thirty (30) minutes of operation shall be

considered to be one-half (1/2) hour of operation.

b. When daily rates are listed, less than four (4) hours of operation shall be considered to be one-half (1/2) day of operation.



2. For equipment which must be brought to Site to be used exclusively on extra work, cost of transporting equipment to Site and its return to its original location shall be determined as follows:

a. City will pay for costs of loading and unloading equipment.

b. Cost of transporting equipment in low bed trailers shall not exceed hourly rates charged

by established haulers. c. Cost of transporting equipment shall not exceed applicable minimum established rates of

California Public Utilities Commission. d. Payment for transporting, and loading and unloading equipment as above provided will

not be made if equipment is used on Work in any other way than upon extra work.

3. Rental period shall begin at time equipment is unloaded at Site of extra work and terminate at end of day on which Project Manager directs Contractor to discontinue use of equipment. Excluding Saturdays, Sundays, and legal holidays, unless equipment is used to perform extra work on such days, rental time to be paid per day shall be four (4) hours for zero (0) hours of operation, six (6) hours for four (4) hours of operation and eight (8) hours for eight (8) hours of operation, time being prorated between these parameters. Hours to be paid for equipment which is operated less than eight (8) hours due to breakdowns, shall not exceed eight (8) less number of hours equipment is inoperative due to breakdowns.

D. Work Performed by Special Forces or Other Special Services

When Project Manager and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work item may be performed by specialist. Invoices for service or item of extra work on basis of current market price thereof may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances wherein Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. Project Manager must be notified in advance of all off-site work. To specialist invoice price, less credit to City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent (15%) in lieu of overhead and profit provided in Paragraph 1.04.B.

1.06 FORCE-ACCOUNT

A. If it is impracticable because of nature of work, or for any other reason, to fix an increase or decrease in price definitely in advance, the Contractor may be directed to proceed at a not-to-exceed (NTE) maximum price which shall not under any circumstances be exceeded. Subject to such limitation, such extra work shall be paid for at actual necessary cost for Force-Account Work or at the negotiated cost, as determined by the City. The cost for Force-Account Work shall be determined pursuant to Article 1.04 except that the allowable overhead and profit mark-ups noted in Paragraph 1.04.B shall be reduced by 4 percentage points for each line item in Paragraphs 1.04.B.2 through 1.04.B.4.

B. Force Account Work shall be used when it is not possible or practical to price out the changed work

prior to the start of that work. In these cases, either Force Account Work will be utilized during the pricing and negotiation phase of the change. Once negotiations have been concluded and a bilateral agreement has been reached, the tracking of the work under Force Account is no longer necessary.



Force Account Work shall also be used when negotiations between the City and the Contractor have broken apart and a bilateral agreement on the value of the changed work cannot be reached. Other uses of Force Account Work may be approved by the City's Project Manager.

C. Whenever any Force-Account Work is in progress, definite price for which has not been agreed on in

advance, Contractor shall report to Project Manager each day in writing and in detail the amount and cost of labor, material and equipment used, and any other expense incurred in Force-Account Work on preceding work day as required herein. No claim for compensation for Force-Account Work will be allowed unless report shall have been made.

D. Whenever Force-Account Work is in progress, definite price for which has not been agreed on in

advance, the Contractor shall report to Project Manager when 75% of the not-to-exceed amount has been expended.

E. Force Account Work shall be paid as extra work under this Section. Above described methods of

determining payment for work and materials shall not apply to performance of work or furnishings of material which, in judgment of Project Manager, may properly be classified under items for which prices are established in Contract.

1.07 CITY FURNISHED MATERIALS

City reserves right to furnish materials as it deems advisable, and Contractor shall have no claims for costs and overhead and profit on such materials.

1.08 OVERHEAD DEFINED

The following constitutes charges that are deemed included in overhead for all contract modifications, including Force-Account Work, whether incurred by Contractor, subcontractors, or suppliers:

1. Drawings: record drawings, field drawings, shop drawings, etc. including submissions of drawings 2. Routine field inspection of work proposed 3. General Superintendence 4. General administration and preparation of change orders 5. Computer services 6. Reproduction services 7 Salaries of project engineer, project manager, superintendent, timekeeper, storekeeper and secretaries 8. Janitorial services 9. Temporary on-site facilities

a. Offices b. Telephones c. Plumbing d. Electrical: Power, lighting e. Platforms f. Fencing, etc.

10. Home office expenses. 11. Insurance and Bond premiums. 12. Procurement and use of vehicles and fuel used coincidentally in base bid work. 13. Surveying 14. Estimating 15. Protection of work 16. Final cleanup 17. Other incidental work

1.09 RECORDS AND CERTIFICATION



A. Force-Account (cost reimbursement) charges shall be recorded daily upon City supplied form. Contractor or authorized representative shall complete and sign form. Form shall provide names and classifications of workers and hours worked by each, itemize materials used, and also list size type and identification number of equipment, and hours operated, and shall indicate work done by specialists.

B. No payment for Force-Account Work shall be made until Contractor submits original invoices

substantiating materials and specialists charges.

C. City shall have the right to audit all records in possession of Contractor relating to activities covered by Contractor's claims for modification of Contract, including Force-Account Work, as set forth in Document 0700 General Conditions.

D. Further, City shall have right to audit, inspect, or copy all records maintained in connection with this

Contract, including financial records, in possession of Contractor relating to any transaction or activity occurring or arising out of, or by virtue of, Contract. If Contractor is a joint venture, right of City shall apply collaterally to same extent to records of joint venture sponsor, and of each individual joint venture member.

PART 2 PRODUCTS Not applicable to this section. PART 3 EXECUTION Not applicable to this section. END OF SECTION




SECTION 01036

REQUESTS FOR INFORMATION PART 1 GENERAL 1.01 REQUEST FOR INFORMATION

A. Contractor request for information shall be requested on a "Request For Information" (RFI) form approved by the City. This form must have, as a minimum, a "Contractors Recommended Solution" section along with a project impact section. Failure to submit questions on this form or failure to complete “Contractors Recommended Solution” will be cause for rejection of the Request for Information by the City. The Contractor must indicate if there will be a cost or time impact for the complete "Contractors Recommended Solution", at the time of submission. Contractor is not obligated to identify the extent of cost or time impact at the time of submission.

B. The Contractor shall maintain an RFI log to track information pertaining to the RFI and its response.

This Log shall be reviewed at each progress meeting and copies given to all members of the construction team on a monthly basis, as a minimum.

C. All RFI's will be graded at the time a response is generated and the RFI is returned to the Contractor.

RFI's will be graded as follows:

1. Grade 1 - A Request For Information that is not required to be answered by the Architect. Issues defined to be under the control and coordination of the Contractor by the Contract Documents. Contractor is prohibited from claims for delay or cost for any RFI responses that are in this category.

2. Grade 2 - A Request For Information where the Contractor is directed to an existing response or

answer within the Contract Documents. This category includes issues where the Contractor has not exhausted their capabilities to find the information within the Contract Documents, including referenced standards incorporated and made part of the Contract Documents. Contractor is prohibited from claims for delay or cost for any RFI responses that are in this category.

3. Grade 3 - A Request For Information that the Architect is required to respond to with a

clarification or modification to the Contract Documents, which results in a no cost or time change to the Contract. If Contractor considers that the response will have a cost or time impact and therefore should not be graded into this category, Contractor must notify the City, in writing, prior to proceeding with the modified work. Unless Contractor makes such a notification, Contractor is prohibited from claims for delay or cost for any RFI responses that are in this category.

4. Grade 4 - A Request For Information that the Architect is required to respond to with a

clarification or modification to the Contract Documents, which results in a cost or time change to the Contract. Contractor shall address claims for delay or cost, if any, by responding to RFI’s in this category with a Change Order Proposal prior to proceeding with the modification. A Change Order or a directive to proceed under Force Account will be required to proceed with the work.

Request For Information (10-01) 01036 - 1


D. Review and response to all RFI's of Grade 3 & 4 will be included in the Architect/Engineer’s scope. If

review and response to Grade 1 & 2 RFI's exceeds 10% of the entire RFI quantity at the completion of the project, City, at its sole discretion, may consider those to be additional services which shall be paid by Contractor to City at rates established in the contract between the Architect/Engineer and the City.

E. Quantity of RFI's shall not be considered a reason in and of itself for claims for time or money

(cumulative or direct) on the part of the Contractor. All Claims for time and money must be associated with specific RFI’s and documented with a schedule analysis as outlined in Section 01310.

F. Architect will endeavor to respond to RFI's within 7 working days from the date the RFI is received

from the Contractor. Failure to respond to RFI's within this time frame will not be considered grounds for Contractor to claim for time impact, unless substantial evidence is provided as outlined in section 01310 - PROJECT SCHEDULES. Failure of the Contractor to perform coordination efforts required to generate RFI in a timely fashion, so as not to adversely impact the schedule, will constitute forfeiture of the right to any resulting delay claims.

END OF SECTION

Request For Information (10-01) 01036 - 2



SECTION 01040

PROJECT COORDINATION

PART 1 GENERAL 1.01 COORDINATION

A. The Contractor shall be responsible for all Project coordination.

B. Duties of Contractor:

1. Coordinate Work of all subcontractors.

2. Establish on-site lines of authority and communication. Schedule and conduct progress meetings among subcontractors.

3. Construction schedules:

Prepare detailed schedule of operations of all subcontractors on Project. Monitor schedules as Work progresses. Observe Work to monitor compliance with schedule.

4. Temporary facilities:

Allocate space for temporary structures furnished by subcontractors. Monitor use of temporary utilities. Verify that adequate services are provided to comply with requirements for Work and climatic conditions. Administer traffic and parking controls.

5. [Not used.]

6. Changes:

Recommend necessary or desirable changes to City. Review subcontractor's request for changes and for substitutions. Submit recommendations to City. Process Change Orders.

7. Permits and fees: Verify that subcontractors have obtained permits for inspections.

8. Review all Shop Drawings, Product Data, and Samples for compliance with Contract Documents

prior to submittal to Architect/Engineer.

9. Interpretation of Contract Documents:

Consult with Architect/Engineer to obtain interpretations. Assist in resolution of questions which may arise. Transmit written interpretations to concerned parties.

10. Maintain reports and records at Project Site.

Project Coordination (10-01) 01040 - 1


Daily log progress of Work, submit daily to City. Records:

Contracts. Purchases. Materials and equipment. Applicable handbooks, codes and standards.

Obtain information from subcontractors, and maintain record documents. Assemble documentation for handling of claims and disputes.

11. Verify that specified cleaning is done during progress of Work and at completion of each contract.

12. Start-up:

Direct the check-out of utilities, operational systems and equipment. Assist in initial start-up testing. Record dates of start of operation of systems and equipment. Submit to City written notice of beginning of Warranty period for equipment put in service.

13. [Not used.]

14. [Not used.]

1.02 COORDINATION REQUIREMENTS

A. Coordination: Contractor shall coordinate the Work as stated in the General Conditions of the Contract. Contractor shall also coordinate Work under the Contract with work under separate contracts by City. Contractor shall cooperate with City and others as directed by City in scheduling and sequencing the incorporation into the Work of City Furnished/Contractor installed products identified in the Contract Drawings and Specifications.

B. Relationship of Contract Documents: Drawings, Specifications and other Contract Documents in the

Project Manual are intended to be complementary. What is required by one shall be as if required by all. What is shown or required, or may be reasonably inferred to be required, or which is usually and customarily provided for similar work, shall be included in the Work.

C. Discrepancies in Contract Documents: In the event of error, omission, ambiguity or conflict in Drawings or

Specifications, Contractor shall bring the matter to the Architect/Engineers attention in a timely manner, for the Architect/Engineers determination and direction in accordance with provisions of the General Conditions of the Contract.

D. Construction Interfacing and Coordination: Layout, scheduling and sequencing of Work shall be solely

Contractor's responsibility. Contractor shall bring together the various parts, components, systems and assemblies as required for the correct interfacing and integration of all elements of Work.

1. Contractor shall coordinate Work to correctly and accurately connect abutting adjoining,

overlapping and related elements, including work under separate contracts by City, utility agencies and companies.

1.03 COORDINATION OF SUBCONTRACTS AND SEPARATE CONTRACTS

A. Superintendence of Work: Contractor shall appoint a field superintendent who shall directly and full time



supervises and coordinate all Work shown on the Drawings and in the Specifications. In order to maintain an uninterrupted construction schedule, the field superintendent shall not be replaced by the Contractor, for other than extenuating circumstances, without prior approval by the City.

B. Subcontractors, Trades and Materials Suppliers: Contractor shall require all subcontractors, trades, crafts

and suppliers to coordinate their portions of Work with the Superintendent, Architect/Engineer and Construction Project Manager to prevent scheduling, sequencing, dimensional and other conflicts and omissions.

C. Coordination with Work Under Separate Contracts: Contractor shall coordinate and schedule Work under

the Contract with work being performed for Project under separate contracts by City, serving utilities and public agencies. Contractor shall make direct contacts with parties responsible for work of the Project under separate contracts, in order to provide timely notifications and to facilitate information exchanges.

END OF SECTION




SECTION 01060

REGULATORY REQUIREMENTS


This section includes regulatory requirements applicable to Contract. 1.02 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations referred to shall have full force and effect as though printed in full in these specifications.

B. Conform to referenced codes, laws, ordinances, rules and regulations which are in effect on date of

receipt of bids.

C. References on the Drawings or in the Specifications to "code" or "building code" not otherwise identified shall mean the codes specified below, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction.

1.03 CODES

Codes which apply to Contract include, but are not limited to, the following:

A. Cal. Building Code (Part 2, Title 24, C.C.R., including, without means of limitation, sections 16A, 102A.23, 308, 420A, 504-506, 904.2.6, 1019 and 1604)

B. Cal. Electrical Code (Part 3, Title 24, C.C.R.) C. Cal. Mechanical Code (Part 4, Title 24, C.C.R.) D. Cal. Plumbing Code (Part 5, Title 24, C.C.R), E. State Elevator Safety Regulations (Part 7, Title 24, C.C.R.) F. Uniform Building Code G. Uniform Plumbing Code H. Uniform Mechanical Code I. National Electrical Code

1.04 LAWS, ORDINANCES, RULES AND REGULATIONS

A. During prosecution of Work to be done under Contract, comply with applicable laws, ordinances, rules and regulations, including, but not limited to, the following:

B. Federal

1. Americans With Disabilities Act 2. 29 CFR, Section 1910.1001, Asbestos 3. 40 CFR, Subpart M, National Emission Standards for Asbestos 4. Executive Order 11246

Regulator Requirements (10-01) 01060 - 1


C. State of California 1. California Code of Regulations, Titles 5, 8, 19, 21, 22, 24 and 25 2. California Education Code 3. California Public Contract Code 4. California Health and Safety Code 5. California Government Code 6. California Labor Code 7. California Civil Code 8. California Code of Civil Procedure 9 CPUC General Order 95, Rules for Overhead Electric Line Construction 10. CPUC General Order 128, Rules for Construction of Underground Electric Supply and

Communications Systems 11. California Occupational Safety and Health Administration (Cal OSHA) 12. Occupational Safety and Health Administration (OSHA): Hazard Communications Standards.

D. State of California Agencies

1. State and Consumer Services Agency 2. Office of the State Fire Marshall 3. Office of Statewide Health Planning and Development

E. Local Agencies: 1. Bay Area Air Quality Management District 2. City of Berkeley 3. County of Alameda

F. Other Requirements:

1. National Fire Protection Association (NFPA): Pamphlet 101, Life Safety. G. City of Berkeley:

(1) Resolution No. 59,853-N.S. (Re: Oppressive States); (2) Resolution No. 58,291-N.S. (Re: Tropical Rainforests); (3) B.M.C. Chapter 1290 (Nuclear Free Berkeley Act); (4) Counsel Directive of October 29, 1996 Re: Virgin Redwoods; (5) Section 36, Article VII of City Charter; (6) B.M.C. Chapter 3.64 (Conflicts of Interest); (7) B.M.C. Chapter 13.26 (Non-Discrimination) (8) B.M.C. ' 13.40 (Re: Community Noise Standards); (9) B.M.C. ' 12.44 (Re: Trees); (10) B.M.C. Chapter 13.29 (Equal Benefits Ordinance);

1.05 REQUIRED PROVISIONS ON CONTRACT CLAIM RESOLUTION

A. The California Public Contracts Code specifies required provisions on resolving contract claims less than $375,000, which are set forth below, and constitute a part of this Contract.

For the purposes of this section, "CLAIM" means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is disputed by City. In order to qualify as a CLAIM, the written demand must state that it is a claim



submitted under Paragraph 12 of Document 00700 General Conditions and be submitted in compliance with all requirements of Paragraph 12 of Document 00700 General Conditions. Separate claims which total more than $375,000 do not qualify as a "separate demand of $375,000 or less", as referenced above, and are not subject to this section.

A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a claim under the Contract. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract by submitting a separate claim in compliance with Contract claim submission requirements.

CAUTION: This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code.

B. PROCEDURE

1. The CLAIM must be in writing, submitted in compliance with all requirements of Paragraph 12

of Document 00700 General Conditions, including, but not limited to, the time prescribed by and including the documents necessary to substantiate the CLAIM, pursuant to Article 12D of Document 00700 (General Conditions). CLAIMS must be filed on or before the day of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in Paragraph 12 of Document 00700 General Conditions or elsewhere in the Contract Documents.

2. For CLAIMS of fifty thousand dollars ($50,000) or less

a. City shall respond in writing within 45 days of receipt of the CLAIM, or

b. City may request in writing within 30 days of receipt of the CLAIM, any additional

documentation supporting the CLAIM or relating to any defenses or claims City may have against Claimant.

1. If additional information is thereafter required, it shall be requested and provided

in accordance with this section, upon mutual agreement of City and Claimant.

2. City's written response to the CLAIM, as further documented, shall be submitted to Claimant within 15 days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.

3. For CLAIMS over fifty thousand dollars ($50,000) and less than or equal to $375,000:

a. City shall respond in writing within 60 days of receipt of the CLAIM, or

b. City may request in writing within 30 days of receipt of the CLAIM, any additional

documentation supporting the CLAIM or relating to any defenses or claims City may have against Claimant.

1. If additional information is thereafter required, it shall be requested and provided

in accordance with this section, upon mutual agreement of City and Claimant;

2. City's written response to the CLAIM, as further documented, shall be submitted to Claimant within 30 days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.



4. Meet and Confer

a. If Claimant disputes City's written response, or City fails to respond within the time

prescribed above, Claimant shall notify City, in writing, either 15 days of receipt of City's response or within 15 days of City's failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand City will schedule a meet and confer conference within 30 days for settlement of the dispute.

b. Following the meet and confer conference, if the CLAIM or any portion remains in

dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits his or her written claim as set forth above in Document 00700, Article 12B.1, until the time that CLAIM is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

1.06 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

A. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. Contractor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation. Contractor agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under this Agreement and further agrees that any violation of this prohibition on the part of Contractor, its employees, agents or assigns shall constitute a material breach of this Agreement.





SECTION 01061 REGULATORY REQUIREMENTS--HAZARDOUS WASTE PART 1 GENERAL 1.01 SUMMARY

A. This section includes regulatory requirements applicable to Contract work in connection with hazardous waste abatement and disposal, including, but not limited to, asbestos and asbestos containing materials, lead based paint, polychlorinated biphenyls, petroleum contaminated soils and materials, construction and demolition debris and any other hazardous substance or hazardous waste.

B. This section supplements Section 01060 and the work specific listings of applicable regulatory

requirements elsewhere in the specifications.

C. Related Sections.

1. Section 01060: Regulatory Requirements. 1.02 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations applicable to the Work shall have full force and effect as though printed in full in the Contract. Codes, laws, ordinances, rules and regulations are not furnished to Contractor, since Contractor is assumed to be familiar with their requirements. The listing herein of applicable codes, laws and regulations for hazardous waste abatement work is supplied to Contractor as a courtesy and shall not limit Contractor's responsibility for complying with all applicable laws, regulations or ordinances having application to the Work. Where conflict among the requirements or with these specifications exists, the most stringent requirements shall be used.

B. Contractor's work shall conform to all applicable codes, laws, ordinances, rules and regulations which are

in effect on date of contracting.

1.03 LAWS, ORDINANCES, RULES AND REGULATIONS

A. During prosecution of Work under Contract, Contractor shall comply with applicable laws, ordinances, rules and regulations, including, but not limited to, those listed below.

B. Federal:

1. Statutory Requirements:

a. Resource Conservation and Recovery Act, 42 U.S.C. '' 6901 et seq. b. Comprehensive Environmental Response, Compensation and Liability Act of 1980, as

amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. '' 9601 et seq.

c. Toxic Substances Control Act of 1976, 15 U.S.C. '' 2601 et seq. d. Hazardous Materials Transportation Act of 1975, 49 U.S.C. '' 1801 et seq. e. Clean Water Act, 33 U.S.C. '' 1251 et seq. f. Safe Drinking Water Act, 42 U.S.C. ''3001 et seq.

Regulator Requirements – Hazardous Waste (10-01) 01061 - 1


g. Clean Air Act, section 112, 42 U.S.C. '7412 h. Occupational Safety and Health Act of 1970, 29 U.S.C. '' 651 et seq. i. Underground Storage Tank Law, 42 U.S.C. ''6991 et seq. j. The Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. '' 11001

et seq.

2. Environmental Protection Agency (EPA):

a. 40 C.F.R. Parts. 260, 264, 265, 268, 270 b. 40 C.F.R. Parts 258 et seq. c. 40 C.F.R. Part 761 d. 40 C.F.R. Parts 122-124

3. Occupational Safety and Health Administration (OSHA):

a. OSHA Worker Protection Standards, Title 29 CFR Part 1926.58, Construction Standards

and 29 CFR 1910.1001 General Industry Standard b. OSHA, 29 C.F.R. Part 1926.1101, Construction Standards for Asbestos c. OSHA, Lead Exposure in Construction: Interim Final Rule, 29 C.F.R. 1926.62 d. National Emission Standard for Hazardous Air Pollutants, Title 40 CFR Part 61 e. Asbestos Hazardous Emergency Response Act, Title 40 C.F.R. 763

4. Department of Transportation:

a. Title 49 C.F.R. 173.1090 b. Title 49 C.F.R. 172 c. Title 49 C.F.R. 173 d. DOT, HM 181 and MH126f

C. State of California Requirements:

1. Statutory Law:

a. The Carpenter-Presley-Tanner Hazardous Substance Account Act, Cal. Health & Saf. Code

''25300 et seq. b. Health and Safety Code ' 25359.4 c. Hazardous Waste Control Law, Health & Safety Code ''25100 et seq. d. Porter Cologne Water Quality Control Act, Cal. Water Code ''13000 et seq. e. Health and Safety Code ''25915-25924 f. Cal. Labor Code Chapter 6, including, without limitation, '' 6382, 6501.5-6501.9, 6503.5,

9021.5, 9080 g. Cal. Bus. and Prof. Code, including without limitation, ''7058.5, 7065.01, 7118.5. h. Underground Storage of Hazardous Substance Act, Cal. Health & Saf. Code ''25280 et

seq. i. Petroleum Underground Storage Tank Cleanup, Health and Safety Code ''25299.10 et seq. j. Safe Drinking Water and Toxic Enforcement Act of 1986, Health & Saf. Code ''25249.5 et

seq. (Proposition 65) k. Above Ground Petroleum Storage Act, Health and Safety Code '' 25270 et seq. l. Hazardous Materials Release Response Plans and Inventory, California Health and Safety

Code Chapter 6.95.

2. Administrative Code and Regulations:

a. Title 22 C.C.R. Division 4.5, Environmental Health Standards for the Management of



Hazardous Waste ' 6600 et seq. b. Cal OSHA Worker Protection Standards, Title 8 C.C.R. ''1529, 5208 c. Title 8 C.C.R. '1532.1, Lead in Construction

Title 23 C.C.R. '2610 et seq. 3. Local Agency Requirements:

a. Bay Area Air Quality Management District, Fugitive Dust Rules b. Bay Area Air Quality Management District Regulation 11-2-303 c. State Water Resource Control Board, General Construction Activity Stormwater Permit

Requirements (Order 92-OS DWQ)

4. City and County Requirements:

a. Berkeley Fire Department b. City Ordinances c. County ordinances

1.04 PERMITS

A. Contractor shall comply with, implement and acknowledge effectiveness of all the permits applicable to the Work, and initiate and cooperate in securing all required notifications or approvals therefore, including but not limited to permits affecting environmental work.




SECTION 01090

REFERENCES AND DEFINITIONS


A. This section includes reference standards, abbreviations, symbols and definitions used in Contract Documents.

B. Full titles and edition dates are given in this section for standards cited in other sections of Specifications.

C. Material and workmanship specified by reference to number, symbol, or title of specific standard such as

state standard, commercial standard, federal specifications, technical society, or trade association standard, or other similar standard shall comply with requirements of standards except when more rigid requirements are specified or required by applicable codes.

D. Standards referred to, except as modified herein, shall have full force and effect as though printed in the

Contract Documents. Standards are not furnished to Contractor, since manufacturers and trades involved are assumed to be familiar with their requirements.

1.02 REFERENCE TO STANDARDS AND SPECIFICATIONS OF TECHNICAL SOCIETIES; REPORTING AND RESOLVING DISCREPANCIES:

A. Reference to standards, specifications, manuals or codes of any technical society, organization or association,

or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or laws or regulations in effect at the time of opening of Bids, 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 law or regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any supplier, Contractor shall report it in writing at once to Project Manager and Architect/Engineer, and Contractor shall not proceed with the Work affected thereby until consent to do so is given by Project Manager.

C. Except as otherwise specifically stated in the Contract Documents or as may be provided by Change Order, or

supplemental instruction, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not

specifically incorporated by reference in the Contract Documents); or

2. The provisions of any such laws or regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such law or regulation).

No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of City, Contractor, Project Manager, or Architect/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 City, Architect/Engineer, Project Manager, or any of their consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty

References and Definitions (10-01) 01090-1


or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. D. Contractor shall comply with the applicable portions of standards and specifications published by the

technical societies, institutions, associates and governmental agencies referred to in Specifications.

1. Comply with referenced standards and specifications; latest revision in effect at the time the Agreement is executed, unless otherwise identified by date.

a. Exception: Comply with issues in effect as listed in governing legal requirements.

E. Referenced Grades Classes and Types: Where an alternative or optional grade, class or type of product or execution is

included in a reference but is not identified in the Drawings or Specifications, provide the highest, best and greatest of the alternatives or options for the intended use and prevailing conditions.

F. Jobsite Copies:

1. Contractor shall obtain and maintain at the Project site copies of reference standards identified on the

Drawings and in the Specifications in order to properly execute the Work.

2. At a minimum, the following shall be readily available at the site:

a. Model Codes: Uniform Building Code (UBC), Uniform Fire Code (UFC), Uniform Mechanical Code (UMC), Uniform Plumbing Code (UPC), NFPA 70-National Electric Code (NEC) and NFPA 101-Life Safety Code, including applicable amendments for jurisdiction in which Project is located.

b. State Codes: California Code of Regulations, Division of Industrial Safety regulations.

c. Safety Codes: State of California, Division of Industrial Safety regulations.

d. General Standards: UBC Standards, other model code standards, UL Building Products Listing, FM

Approval Guide and ASTM Standards in Building Codes.

e. Fire and Life Safety Standards: All referenced standards pertaining to fire rated construction and exiting.

f. Common Materials Standards: American Concrete Institute (ACI), American Institute of Steel

Construction (AISC), American Welding Society (AWS), Gypsum Association (GA), National Fire Protection Association (NFPA), Tile Council of America (TCA) and Woodwork Institute of California (WIC) standards to the extent referenced within the Specifications.

g. Research Reports: ICBO Research Reports and CABO National Evaluation Service Reports (NER)

for all products used.

H. Edition Date of References:

1. When an edition or effective date of a reference is not given, it shall be understood to be the current edition or latest revision published as of the date of the Agreement.

2. All amendments, changes, errata and supplements as of the effective date shall be included.

I. ASTM and ANSI References: Specifications and Standards of the American Society for Testing and

Materials (ASTM) and the American National Standards Institute (ANSI) are identified in the Drawings and Specifications by abbreviation and number only and may not be further identified by title, date, revision or amendment. It is presumed that the Contractor is familiar with and has access to these nationally-and industry-recognized specifications and standards.



1.03 STANDARDS

A. ACI (American Concrete Institute)

Standard 318, Building Code Requirements for Reinforced Concrete

B. AISC (American Institute of Steel Construction

Specifications and Code of Standard Practice for Steel Buildings and Bridges

C. ANSI (American National Standards Institute, formerly American Standards Association)

Standard C2, NESC (National Electrical Safety Code)

D. ASTM (American Society for Testing and Materials)

1. C31, Making and Curing Concrete Test Specimens in the Field

2. C42, Obtaining and Testing Drilled Cores and Sawed Beams of Concrete

3. C143, Test Method for Slump of Portland Cement Concrete

E. IAPMO (International Association of Plumbing and Mechanical Officials)

1. UMC (Uniform Mechanical Code)

2. UPC (Uniform Plumbing Code)

F. ICBO (International Conference of Building Officials)

1. UBC (Uniform Building Code)

2. UBC Standard 26-8, Welding Reinforcing Steel, Sheet Metal inserts and Connections in Reinforced Concrete Construction

3. UBC Standard 26-10, Concrete Tests

4. UFC (Uniform Fire Code)

G. NEMA (National Electric Manufacturer's Association)

H. NFPA (National Fire Protection Association)

1. Pamphlet 1, Fire Prevention Code 2. Pamphlet 13, Sprinkler Systems, Installation 3. Pamphlet 24, Private Fire Service Mains 4. Pamphlet 70, NEC (National Electric Code) 5. Pamphlet 71, Signaling Systems, Central Station 6. Pamphlet 80, Fire Doors and Windows 7. Pamphlet 101, Life Safety Code

I. UL (Underwriters' Laboratories, Inc.)



1.04 ABBREVIATIONS

A. Listed hereinafter are the various organizations or references which may appear in the Contract Documents, along with their respective acronyms and/or abbreviations:

AA Aluminum Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturers Association AAP Affirmative Action Program AASHTO American Association of State Highway and Transportation Officials ABMA American Boiler Manufacturers Association ABPA American Board Products Association ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute (formerly American Standards Association) AMCA Air Moving and Conditioning Association, Inc. ANSI American National Standards Institute APA American Plywood Association ARI Air Conditioning and Refrigeration Institute ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASI Architect's Supplemental Instructions ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWCI Association of the Wall and Ceiling Industries AWPA American Wood Preserves Association AWPB American Wood Preservers Bureau AWS American Welding Society AWWA American Water Works Association BIL Basic Insulation Level Cal/OSHA California Occupational Safety and Health Administration CCD Construction Change Directive CCR California Code of Regulations CFR Code of Federal Regulations CISPI Cast Iron Soil Pipe Institute CLMFI Chain Link Manufacturers Institute CO Change Order CPM Critical Path Method CPUC California Public Utilities Commission CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standards, U.S. Department of Commerce CTI Ceramic Tile Institute DHI Door and Hardware Institute FGMA Flat Glass Marketing Association FM Factory Mutual FS Federal Specifications GA Gypsum Association HPMA Hardwood Plywood Manufacturers Association HVAC Heating, Ventilating and Air Conditioning IACS International Annealed Copper Standards



IAPMO International Association of Plumbing and Mechanical Officials ICBO International Conference of Building Officials ICEA Insulated Cable Engineers Association I.D. Identification IEEE Institute of Electrical and Electronic Engineers, Inc. IES Illuminating Engineering Society JATC Joint Apprenticeship Training Committee JV Joint Venture Kw Kilowatt LBE Local Business Enterprise MBE Minority Business Enterprise M.I. Middle Initial MIA Masonry Institute of America MIA Marble Institute of America ml milliliter MLSFA Metal Lath/Steel Framing Association mm millimeter MS Military Specifications MSS Manufacturers Standardization Society of the Valve & Fitting Industry M/WBE Minority and Woman-Owned Business Enterprise NAAMM National Association of Architectural Manufacturers NBS National Bureau of Standards NEC National Electric Code NEMA National Electric Manufacturer's Association NESC National Electrical Safety Code NFPA National Fire Protection Association NFPA National Forest Products Association NOFMA National Oak Flooring Manufacturers Association NSF National Sanitation Foundation NTMA National Terrazzo & Mosaic Association NWWDA National Wood Windows and Doors Association OSA Division of State Architect (formerly known as the Office of the State Architect) PCA Portland Cement Association PCI Prestressed Concrete Institute PDI Plumbing and Drainage Institute PM Preventive Maintenance PR Proposal Request PS Product Standard, U. S. Department of Commerce RFI Request for Information RFS Request for Substitution RIS Redwood Inspection Service SDI Steel Deck Institute SFM State of California, Office of State Fire Marshal SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joint Institute SMACNA Sheet Metal and Air Conditioning Contractors National Association SPIB Southern Pine Inspection Bureau SSPC Steel Structures Painting Council SWI Steel Window Institute TCA Tile Council of America UBC Uniform Building Code UFC Uniform Fire Code UL Underwriters' Laboratories, Inc. UMC Uniform Mechanical Code



UPC Uniform Plumbing Code WCLIB West Coast Lumber Inspection Bureau WIC Woodwork Institute of California WHI Warnock Hersey International WWPA Western Wood Products Association

B. ABBREVIATIONS IN SPECIFICATIONS

accord accordance Co. Company Corp. Corporation cu. cubic Div. Division dia. diameter ft. foot (feet) gal. gallon (gallons) hr. hour in. inch (inches) Inc. Incorporated lbs. pounds Mfg. Manufacturing No. number o.c. on centers O.D. outside diameter psi pounds per square inch psf pounds per square foot sq. square T & G tongue and groove U.S. United States yd. yard (yards)

C. ABBREVIATIONS IN DRAWINGS

Additional abbreviations, used only on drawings, are listed thereon.

1.05 SYMBOLS

A. SYMBOLS IN SPECIFICATIONS

: "shall be" or "shall" - where used within sentences or paragraphs #1 number 1# pound & and % percent C. Centigrade F. Fahrenheit ` degree / per, except where used to combine words; example: power/fuel. " inch (inches) ' foot (feet) @ at

B. SYMBOLS IN DRAWINGS



Symbols, used only on Drawings, are shown thereon. 1.06 DEFINITIONS

A. Wherever any of the words or phrases defined below, or a pronoun used in place thereof, is used in any part of the Contract Documents, it shall have the meaning here set forth:

ADDENDA: Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding requirements or the Contract Documents. Addenda shall not include the minutes of the Pre-bid Conference and Site Visit.

ADDITIVE BID: The sum to be added to the Base Bid if the change in scope of work as described in Additive Bid is accepted by City.

AGREEMENT (Document 00510): Agreement is the basic contract document that binds the parties to construction Work. Agreement defines relationships and obligations between City and Contractor and by reference incorporates Conditions of Contract, Drawings, Specifications and contains Addenda and all Modifications subsequent to execution of Contract.

ALTERNATE: Work added to or deducted from the Base Bid, if accepted by City.

APPROVED EQUAL: Approved in writing by City as being of equivalent quality, utility and appearance.

ARCHITECT, ARCHITECT/ENGINEER, or ENGINEER: A representative of the City, whose firm has been designated within the Contract Documents as the Architect, Architect/Engineer, or Engineer, to provide architectural and/or engineering services on the Project, and whom may have engaged subconsultants to provide services on Project.

When the Architect, Architect/Engineer, or Engineer is referred to within the Contract Documents and no such individual or firm has been designated by the City, then the matter shall be referred to City. The terms Architect, Architect/Engineer, or Engineer shall be construed to include all his or her consultants retained for the Project, as well its employees. When the designated Architect, Architect/Engineer, or Engineer is an employee of City, his or her authorized representatives on the Project will be included under the terms Architect, Architect/Engineer, or Engineer. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

BIDDER: One who submits a Bid.

BY CITY: Work that will be performed by City or its agents at the City's expense.

BY OTHERS: Work that is outside scope of Work to be performed by Contractor under this Contract, which will be performed by City, other contractors, or other means.

CHANGE ORDER: A written instrument prepared by City and signed by City and Contractor, stating their agreement upon all of the following:

a. a change in the Work,

b. the amount of the adjustment in the Contract Sum, if any, and

c. the amount of the adjustment in the Contract Time, if any.



CONCEALED: Work not exposed to view in the finished Work, including within or behind various construction elements.

CONTRACT CONDITIONS: Conditions of Contract define basic rights, responsibilities and relationships of Contractor and City and consists of two parts: General Conditions and Supplementary Conditions.

a. General Conditions are general clauses which are common to the City Contracts.

b. Supplementary conditions modify or supplement General Conditions to meet specific requirements for this

Contract.

CONTRACT DOCUMENTS: Contract Documents shall consist of the documents identified as the Contract Documents in Document 00510 Agreement, plus all changes, addenda and modifications thereto.

CONTRACT MODIFICATION: Either:

a. a written amendment to Contract signed by Contractor and City; or

b. a Change Order; or

c. a written directive for a minor change in the Work issued by City.

CONTRACT SUM: The sum stated in the Agreement and, including authorized adjustments, the total amount payable by City to Contractor for performance of the Work and the Contract Documents. The Contract Sum is also referred to as the Contract Price or the Contract Amount.

CONTRACT TIMES: The number or numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion of the Work or designated milestones and/or (ii) to complete the Work so that it is ready for final payment and is accepted.

CONTRACTOR: The person or entity identified as such in the Agreement and referred to throughout the Contract Documents as if singular in number and neuter in gender. The term "Contractor" means the Contractor or its authorized representative. CONTRACTOR'S EMPLOYEES: Persons engaged in execution of Work under Contract as direct employees of Contractor, as subcontractors, or as employees of subcontractors.

CONSTRUCTION MANAGER: A representative of City with authority to act on behalf of City, as specified by City or Project Manager.

CITY: City of Berkeley or any of its authorized agents.

CITY-FURNISHED, CONTRACTOR-INSTALLED: Items furnished by City at its cost for installation by Contractor at its cost under this Contract.

CITY REPRESENTATIVE(S): The person or persons assigned by City to be City's agent(s) at the site. DATE OF SUBSTANTIAL COMPLETION: Date of Substantial Completion of Work or designated portion thereof is date certified by Project Manager when construction is sufficiently complete in accordance with Contract Documents for City to occupy Work or designated portion thereof and have beneficial use of it for the purposes intended. DAY: One calendar day, unless the word "day" is specifically modified to the contrary.



DEFECTIVE: An adjective which, when modifying the word "Work", refers to Work that is unsatisfactory or unsuited for the use intended, faulty, or deficient, that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents (including but not limited to approval of samples and "or equal" items), or has been damaged prior to final payment (unless responsibility for the protection thereof has been assumed by City). Project Manager is the judge of whether Work is defective. DRAWINGS: The graphic and pictorial portions of Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. ENGINEER: See Architect, Architect/Engineer, or Engineer EQUAL: Equal in opinion of Project Manager. Burden of proof of equality is responsibility of Contractor. EXPOSED: Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other construction elements. FINAL ACCEPTANCE or FINAL COMPLETION: City's acceptance of the Work as satisfactorily completed in accordance with Contract Documents. Requirements for Final Acceptance/Final Completion include, but are not limited to:

a. All Systems having been tested and accepted as having met requirements of Contract Documents.

b. All required instructions and training sessions having been given by Contractor.

c. All as-built drawings and operations and maintenance manuals and Machine Inventory Sheets having been

submitted by Contractor, reviewed by Project Manager and accepted by City.

d. All punch list work, as directed by City, having been completed by Contractor.

e. Generally all Work, except Contractor maintenance after Final Acceptance, having been completed to satisfaction of City.

FORCE ACCOUNT: Work directed to be performed without prior agreement as to lump sum or unit price cost thereof, and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for overhead and profit. FURNISH: Supply only, do not install.

INDICATED: Shown or noted on the Drawings or in the Specifications. INSPECTOR: The person engaged by City to inspect the workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if such construction complies with the Contract Documents and applicable codes.

INSTALL: Install or apply only, do not furnish. LATENT: Not apparent by reasonable inspection, including but not limited to, the inspections and research required as a condition to bidding under the General Conditions.

MATERIAL OR MATERIALS: These words shall be construed to embrace machinery, manufactured articles, materials of construction (fabricated or otherwise), and any other classes of material to be furnished in connection with Contract, except where a more limited meaning is indicated by context.



MILESTONE: A principal event specified in Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all Work.

MODIFICATION: Same as Contract Modification. NOT IN CONTRACT: Work that is outside the scope of work to be performed by Contractor under this Contract.

NOTICE OF AWARD: A written notice given by City to lowest responsive, responsible bidder advising that Bidder's bid and other qualifying information is acceptable to City, requiring Bidder to fulfill the requirements of Article 3.A of Document 00700 General Conditions. NOTICE TO PROCEED: A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which contractor shall start to perform Contractor's obligations under the Contract Documents.

OFF SITE: Outside geographical location of the Project.

OWNER: City of Berkeley or its authorized agents.

PROGRESS REPORT: a periodic report submitted by Contractor to City with progress payment invoices accompanying actual work accomplished to the Program Schedule. See Section 01310 Progress Schedules and Reports of Document 00700 General Conditions.

PROJECT: Total construction of which Work performed under this Contract may be whole or part.

PROJECT MANAGER: City's authorized agent representing City on all matters of the Contract. Project Manager may authorize agents and representatives to act in carrying out Project Manager's duties, including a "Construction Manager", to act under the authority of the Project Manager. As City's agent, the Project Manager is the beneficiary of all contract obligations of Contractor to City, including without limitation, all releases and indemnities. PROJECT MANUAL: Project Manual consists of Bidding Requirements, Agreement, Bonds, Certificates, Contract Conditions, and Specifications.

PROVIDE: Furnish and install. REQUEST FOR INFORMATION ("RFI"): A document prepared by Contractor requesting information regarding the Project or Contract Documents. The RFI system is also a means for City and Architect/Engineer to submit Contract Document clarifications or supplements to Contractor.

REQUEST FOR SUBSTITUTION ("RFS"): A document prepared by Contractor requesting substitution of any unlisted materials in lieu of materials named in the specifications or approved for use in addenda.

RFI-REPLY: A document consisting of supplementary details, instructions or information issued by the Project Manager or Architect/Engineer which clarifies or supplements Contract Documents, and with which Contractor shall comply. RFI-Replies do not constitute changes in Contract Sum or Contract Times except as otherwise agreed in writing by City. RFI-Replies will be issued through the RFI administrative system.

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.

SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the work.



SHOWN: As indicated on Drawings.

SITE: The particular geographical location of Work performed pursuant to Contract. SPECIFICATIONS: The written portion of the Contract Documents consisting of requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services; and are contained in Divisions 1 through 16.

SPECIFIED: As written in Specifications.

SUBCONTRACTOR: A person or entity who has a direct contract with Contractor to perform a portion of the Work at the site. The term "subcontractor" is referred to throughout the Contract Documents as if singular in number and neuter in gender and means a subcontractor or an authorized representative of the subcontractor. The term "subcontractor" does not include a separate contractor or subcontractors of a separate contractor.

SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Project Manager and Architect/Engineer as evidenced by a Certificate of Substantial Completion, the Work is sufficiently complete, in accordance with Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment is evidenced by written recommendation of Project Manager and/or Architect/Engineer for final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof.

SUPPLEMENTAL INSTRUCTION: A written work change directive to Contractor from Project Manager or Architect/Engineer, approved by Project Manager, ordering alterations or modifications which do not result in change in Contract Sum or Contract Times, and do not substantially change Drawings or Specifications.

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, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

WORK: The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents within the Contract Time. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents including the Plans and Specifications. Wherever the word "work" is used, rather than the word "Work", it shall be understood to have its ordinary and customary meaning.

B. Wherever words "as directed", "as required", "as permitted", or words of like effect are used, it shall be understood

that direction, requirements, or permission of City or Project Manager is intended. Words "sufficient", "necessary", "proper", and the like shall mean sufficient, necessary or proper in judgement of City or Project Manager. Words "approved", "acceptable", "satisfactory", "favorably reviewed" or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or favorably reviewed by City or Project Manager.

C. Wherever the word "may" is used, the action to which it refers is discretionary. Wherever the word "shall" is used,

the action to which it refers is mandatory. PART 2 PRODUCTS




PART 3 EXECUTION

Not applicable to this section. END OF SECTION




SECTION 01200

PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED

A. Preconstruction conferences.

B. Construction progress meetings.

C. Pre-installation conferences. 1.02 RELATED REQUIREMENTS

A. Section 01000 - Summary of the Work.

B. Section 01025 - Measurement and Payment.

C. Section 01035 - Contract Modification Procedures.

D. Section 01040 - Project Coordination.

E. Section 01400 - Quality Control. 1.03 NOT USED 1.04 PRECONSTRUCTION CONFERENCE

A. Preconstruction Conference: City will administer preconstruction conference at Project site for clarification of responsibilities of City, Architect/Engineer and Contractor, use of site and for review of administrative procedures.

B. Schedule: Preconstruction conference shall occur prior to start of any work on site.

C. Agenda: Preconstruction Conference shall cover the following topics as a minimum.

1. Special Project Procedures: Implementation of requirements of specified Special Project

procedures.

2. Subcontractors List: Distribute and discuss list of subcontractor and suppliers.

3. Construction Schedule: Distribute and discuss initial construction schedule and critical work sequencing of major elements of Work, including coordination of City-Furnished/ Contractor-Installed (CFCI) products and work under separate contracts by serving utility agencies and companies and City.

4. Designation of Key Personnel: Designate key personnel and update project directory for City,

Architect/Engineer, Architect/Engineer's consultants, City's consultants, Contractor, major subcontractors, major materials suppliers, serving utility agencies and companies, other contractors performing work under separate contractor and governing authorities having jurisdiction.

Project Meetings (10-01) 01200 - 1


5. Project Communication Procedures: Review requirements and administrative requirements for

written and oral communications.

6. Change Procedures: Review requirements and administrative procedures for Change Orders, Construction Change Directives, Architect/Engineer's supplemental instructions, Contractor's Requests for Information.

7. Coordination: Review requirements for Contractor's coordination of Work; review sequence and

schedule for work being performed for City under separate contracts.

8. Submittals Administration: Review administrative procedures for shop drawings, project data and samples submittals and review of preliminary submittals schedule.

9. Project Record Documents: Review requirements and procedures for project record drawings and

specifications.

10. Construction Facilities and Temporary Utilities: Designate storage and staging areas, construction office areas; review temporary utility provisions; present City's requirements for use of premises.

11. Materials and Equipment: Review substitution requirements; review schedule for major equipment

purchases and deliveries; review materials and equipment to be provided by City (CFCI products).

12. Site Access by City and Architect/Engineer: Review requirements and administrative procedures Contractor may wish to institute for identification and reporting purposes.

13. Testing and Inspection: Review tests and inspections by independent testing and inspection agency;

review tests, inspections and reports by manufacturers; review tests and inspections by governing authorities having jurisdiction.

14. Permits and Fees: Review Contract requirements; review schedule and process for obtaining

permits and paying fees. 1.05 CONSTRUCTION PROGRESS MEETINGS

A. Schedule: Project meetings shall be periodically scheduled throughout progress of the Work. Frequency shall be as determined necessary for progress of Work. Generally, it is intended that progress meetings be held at biweekly intervals, except for the final month when weekly meetings are expected in order to perform Contract Closeout.

B. Administration: Contractor shall make physical arrangements for meetings. Contractor shall submit

proposed agenda to participants. City will preside at meetings, record minutes and distribute copies within five days to Architect/Engineer, Contractor, participants and those affected by decisions made at meetings.

C. Attendance: Contractor's project manager and jobsite superintendent shall attend each meeting.

Contractor's subcontractors and supplier may attend as appropriate to subject under discussion. City will have a representative attend each meeting. Architect/Engineer and Architect/Engineer's consultants, as appropriate to agenda topics for each meeting and as provided in City-Architect/Engineer Agreement, will also attend.

D. Suggested Agenda for Progress Meetings:

1. Work progress, status of progress schedule and adjustments thereto.

2. Long-lead time equipment and materials delivery schedule.



3. Submittals status.

4. Maintenance of quality standards.

5. Pending changes and substitutions.

6. Review of Request for Information (RFI), field observations, problems and/or conflicts.

7. Revisions to construction schedule, including corrective measure and procedures to regain project

schedule.

8. Review of minutes of previous meeting.

9. Other items affecting progress of Work. 1.06 PRE-INSTALLATION CONFERENCES

A. Pre-Installation Conferences: when required in individual specification Sections, convene a pre-installation conference prior to commencing Work specified in the Section.

1. Require attendance by representatives of firms whose activities directly affect or are affected by

Work specified in the Section.

2. Review conditions of installation, preparation and installation procedures and coordination with related Work and work under separate contracts.

END OF SECTION




SECTION 01300

SUBMITTALS PART 1 GENERAL 1.01 SUMMARY

A. This section describes general requirements for submittals for the Work:

1. Procedures 2. Schedule of Shop Drawing and Sample Submittals 3. Safety Plan 4. Progress Schedule 5. Product Data 6. Shop drawings 7. Samples 9. Quality Control Submittals

a. Design Data b. Test Reports c. Certificates d. Manufacturers' Instructions

10. Machine Inventory Sheets 11. Operations and Maintenance Manuals 12. Computer Programs 13. Project Record Documents

B. Related Sections

1. Section 01000: Summary of Work 2. Section 01025: Measurement and Payment 3. Section 01035: Modification Procedures 4. Section 01310: Progress Schedules and Reports 5. Section 01700: Contract Closeout 6. Section 01720: Project Record Documents

1.02 PROCEDURES

A. Submit at own expense Schedule of Shop Drawing and Sample Submittals, Safety Plans, Progress Schedule, Product Data, Shop Drawings, Samples, Quality Control Data, Machine Inventory Sheets, Operations and Maintenance Manuals, Computer Programs, and Project Record Documents required by the Contract Documents. Submit these submittals to Project Manager and Architect/Engineer for review and approval in accordance with accepted schedule of Shop Drawings and Samples submittals. If no such schedule is agreed upon, or if the Contract Time is less than 100 days, then all Shop Drawing, Samples and product data submittals shall be completed within sixty (60) days after receipt of Notice to Proceed from City.

B. Transmit each item with a standard letter of transmittal in form approved by Project Manager. Identify

project, Contractor, subcontractor, major supplier, pertinent drawing sheet and detail number, and specification section number as appropriate. Provide space for Contractor and A/E review stamps.

Submittals (10-01) 01300 - 1


Where manufacturer's standard drawings or data sheets are used, they shall be marked clearly to show those portions of the data which are applicable to this project. Submittals shall be submitted based on each technical specification section. Submittals containing information about more than one specification section will be returned for resubmittal. Submittals shall include all information requested by each specification section. (No partial submittals) Incomplete submittals will be returned not reviewed by the Architect/Engineer. Provide a log number and reference to Specifications Section and/or Drawing sheets and details, for each submittal for ease of identification of submittal.

C. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions,

specified performance and design criteria, materials and similar data to show Project Manager and Architect/Engineer the materials and equipment Contractor proposes to provide and to enable Project Manager and Architect/Engineer to review the information for the limited purposes specified below. Samples shall be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise as Project Manager and Architect/Engineer may require to enable Project Manager and Architect/Engineer to review the submittal. The number of each Sample to be submitted will be as specified in the Specifications.

D. At the time of each submission, Contractor shall give Project Manager and Architect/Engineer specific

written notice of all variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, and the reasons therefore. This written notice shall be in a written communication separate from the submittal. In addition, Contractor shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Project Manager and Architect/Engineer for review and approval of each such variation. If City accepts deviation, City shall issue appropriate Contract Modification.

E. Submittal coordination and verification is responsibility of Contractor; this responsibility shall not be

delegated in whole or in part to subcontractors or suppliers. Before submitting each Shop Drawing or Sample, Contractor apply a stamp with his signature to verify that he has reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, and shall have determined and verified:

1. All field measurements, quantities, dimensions, specified performance criteria, installation

requirements, materials, catalog numbers and similar information with respect thereto;

2. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and

3. All information relative to Contractor's sole responsibilities and of means, methods, techniques,

sequences and procedures of construction and safety precautions and programs incident thereto.

F. Contractor's submission to Project Manager and Architect/Engineer of a Shop Drawing or Sample submittal will constitute Contractor's representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above, with respect to Contractor's review and approval of that submittal.

G. Designation of work "by others", if shown in submittals, shall mean that work will be responsibility of

Contractor rather than subcontractor or supplier who has prepared submittals.

H. After review by Project Manager and Architect/Engineer of each of Contractor's submittals, one of set of duplicates of material will be returned to Contractor with actions defined as follows:

1. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submittals and

additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown on the submittal.

Submittals (10-01) 01300 - 2


2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as 1. above, except that minor corrections as noted shall be made by Contractor.

3. AMEND AND RESUBMIT - Rejected because of major inconsistencies or errors which shall

be resolved or corrected by Contractor prior to subsequent review by Project Manager and Architect/Engineer.

4. REJECTED - RESUBMIT - Submitted material does not conform to Contract Documents in

major respect, i.e.: wrong size, model, capacity, or material.

I. It is considered reasonable that Contractor shall make a complete and acceptable submittal at least by second submission. City reserves the right to deduct monies from payments due Contractor to cover additional costs of Project Manager's and Architect/Engineer's review beyond the second submission. Illegible submittals will be rejected and returned to Contractor for resubmission.

J. Favorable review will not constitute acceptance by Architect/Engineer or City of any responsibility for

the accuracy, coordination and completeness of the submittals. Accuracy, coordination, and completeness of Submittals shall be sole responsibility of Contractor, including responsibility to backcheck comments, corrections, and modifications from City's or Architect/ Engineer's review before fabrication. Submittals may be prepared by Contractor, subcontractors, or suppliers, but Contractor shall ascertain that submittals meet requirements of Contract Documents, while conforming to structural space and access conditions at point of installation. Project Manager and Architect/Engineer's review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as indicated by the Contract Documents. Favorable review of submittal, method of work, or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility for errors therein and shall not be regarded as assumption of risks or liability by Architect/Engineer or City, or any officer or employee thereof, and Contractor shall have no claim under Contract on account of failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Favorable review shall be considered to mean merely that Architect/Engineer or City has no objection to Contractor using, upon his own full responsibility, plan or method of work proposed, or furnishing materials and equipment proposed.

K. Project Manager's and Architect/Engineer's review will not extend the means, methods, techniques,

sequences or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

L. Submit complete initial submittal for those items where required by individual specification Sections.

Complete submittal shall contain sufficient data to demonstrate that items comply with Specifications, shall meet minimum requirements for submissions cited in technical specifications, shall include motor data and seismic anchorage certifications, where required, and shall include necessary revisions required for equipment other than first named. If Contractor submits incomplete initial submittal, when complete submittal is required, submittal may be returned to Contractor without review.

M. It shall be Contractor's responsibility to copy, conform and distribute reviewed submittals in sufficient

numbers for Contractor's files, subcontractors and vendors.

N. After Project Manager's and Architect/Engineer's review of submittal, revise and resubmit as required. Identify changes made since previous submittal.

1. Begin no fabrication or work which require submittals until return of submittals not requiring

resubmittal.

Submittals (10-01) 01300 - 3


2. Normally, submittals will be processed and returned to Contractor within twenty (20) working days of receipt.

O. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report

any inability to comply with provisions.

P. All shop drawings and submittals shall be number identified by the Contractor, prior to submission to the Architect/Engineer, in accordance with the following:

a. The contractor shall use the Project Manual Specifications list as the basis for number

identification of all shop drawings and submittals.

b. Affix the specification number under which each submittal is made on every copy of each shop drawing, product data, sample, certification, O & M manual, etc. (i.e. overhead coiling doors shop drawings and data would bear the number "08330").

c. On the first type or group of submittals under each specification number, add the suffix

designation "1A" (i.e. overhead coiling doors shop drawings with its product data would be numbered 08330-1A). The number suffix indicates it is the first type or kind of submittal under that specification section, the letter suffix indicates whether it is the original submittal or a resubmittal.

d. All submittals shall include all information requested by each specification section. No partial

submittals will be accepted unless previously authorized by the Architect/Engineer. In the event a partial submittal is authorized, each subsequent different submittal (as opposed to resubmittal) is numbered sequentially. (i.e. if O & M manuals are submitted at a later date, they should have the number "2" (i.e. 08330-2A).

e. If a submittal is rejected, returned not reviewed or marked revise and resubmit, the subsequent

resubmittal is indicated by the letter suffix designation (i.e. the original overhead coiling door shop drawings were marked "revise and resubmit", the first resubmittal would be marked 08330-1B).

Q. Submission requirements:

1. Schedule submissions at least 30 days before dates reviewed submittals will be needed.

2. Submit one reproducible transparency and two blue line prints or photocopies of Shop Drawings

and number of copies of Product Data which Contractor requires for distribution plus three copies which will be retained by Architect/Engineer.

3. Submit three Samples, unless otherwise specified.

4. Accompany submittals with transmittal letter, in duplicate, containing:

Date, and revision date and submittal log number. Project title and Project number. Contractor's name and address. Specification Section clearly identified. The quantity of each Sop Drawing, Product Datum, and Samples submitted. Materials safety data sheet (MSDS) for each item complying with OSHA's HazardCommunication Standard 29 CFR 1910.1200.

Other pertinent data.

Submittals (10-01) 01300 - 4


5. Submittal shall include:

Date and revision dates. Revisions, if any, identified. Project Title and number. The names of: Architect/Engineer, Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinent. Identification of product material by location within the Project. Relation to adjacent structure or materials. Field dimensions, clearly identified as such. Specification Section number and applicable detail reference numbers on the drawings. Applicable standards, such as ASTM, ANSI, FS, NEMA, SMACNA or ACI. A blank space, on each Drawings or data sheet, 5" x 4" for the Architect/Engineer's stamp. Identification of deviations from Contract Documents. Contractor's stamp, initialed or signed, with language certifying the review of submittals, Verification of field measurements, construction criteria and technical standards in compliance with Contract Documents.

R. Resubmission requirements:

1. Shop Drawings:

a. Revise initial Shop Drawings as required and resubmit as specified for initial submittals.

b. Indicate on Shop Drawings any changes which have been made other than those

requested by Architect/Engineer.

2. Product Data and Samples: Submit new Data and Samples as required for initial submittals.

S. Number of resubmissions:

1. One reexamination of Contractor's submittals which have been returned for correction or replacement will be included in the Architect/Engineer's scope. Any additional reexamination of Contractor's submittals will be considered additional scope services to be paid by the Contractor through the City.

1.03 SCHEDULE OF SHOP DRAWING AND SAMPLE SUBMITTALS

A. Submit preliminary Schedule of Shop Drawing and Sample Submittals as required by Document 00700 General Conditions. Submit two (2) copies of final and accepted schedule of submittals of shop drawings and samples as required by Document 00700 General Conditions, no later than thirty (30) days following Notice to Proceed.

B. Schedule of Shop Drawing and Sample Submittals will be used by Project Manager and

Architect/Engineer to schedule their activities relating to review of submittals. Schedule of submittals shall indicate a spreading out of submittals and early submittals of long lead-time items and of items which require extensive review.

C. Schedule of Shop Drawing and Sample Submittals may be reviewed by Project Manager and shall be

revised and resubmitted until accepted by Project Manager.

Submittals (10-01) 01300 - 5


1.04 SAFETY PLAN

A. Submit two (2) copies of Safety Plan specific to this Contract to Project Manager within fifteen (15) calendar days after Start Date of the Contract Times.

B. Not used.

C. No on-site work shall be started until Safety Plan has been submitted to City. Submission of Safety

Plan shall not affect Contractor's responsibility for maintaining a safe working place and instituting safety programs in connection with project.

1.05 PROGRESS SCHEDULE

A. See Section 01310, Progress Schedules and Reports, for schedule and report requirements.

B. Submit one (1) reproducible and three (3) print copies of schedule at each of the following times:

1. Initial CPM Schedule at the Preconstruction Conference (covering in detail first 60 days of contract performance, and at a summary level for remainder of contract).

2. Original CPM Schedule within sixty (60) days of the Notice to Proceed date (covering in detail

entire Work of Contract to completion).

3. Adjustments to the CPM Schedule as required.

4. CPM Schedule updates monthly.

C. Submit four (4) copies of the reports listed in Section 01310, Progress Schedules and Reports, with:

1. Initial CPM Schedule 2. Original CPM Schedule 3. Each monthly Schedule update

D. Progress Schedules and Reports shall be submitted on flash drive in addition to hard copies specified

above. 1.06 PRODUCT DATA

A. Within twenty-one (21) calendar days after Notice to Proceed submit two (2) copies of complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. Tabulate product data by specification section number.

B. For products specified only by reference standards, give manufacturer, trade name, model or catalog

designation, and reference standards.

C. Product or Catalog Data:

1. Manufacturers standard drawings shall be modified to delete non-applicable data or include applicable data.

2. Manufacturers catalog sheets, brochures, diagrams, schedules, charts, illustrations and other

standard descriptive data shall be:

a. Mark each copy to identify pertinent materials, products, or models.

Submittals (10-01) 01300 - 6


b. Show dimensions and clearances required; performance characteristics and capacities; wiring diagrams and controls.

D. Supplemental Data:

1. Submit number of copies which Contractor requires, plus three (3) copies which will be retained

by Project Manager.

2. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturer's standard data to provide information unique to Project.

E. Provide copies for Project Record Documents described in Section 01700 Contract Closeout.

1.07 SHOP DRAWINGS

A. Minimum Sheet Size: 8-1/2 inches by 11 inches, 34 inches by 44 inches maximum.

B. For 8-1/2 inch by 11 inch and 11 inch by 17 inch sheets, submit number of copies which Contractor requires, plus four (4) copies which will be retained by Project Manager and Architect/Engineer.

C. For 17 inch by 22 inch through 34 inch by 44 inch sheets, submit 1 reproducible transparency and two

(2) prints. After review, reproduce and distribute.

D. Original sheet or reproducible transparency will be marked with Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

E. Mark each copy to identify applicable Products, models, options, and other data; supplement

manufacturers' standard data to provide information unique to Work.

F. Include manufacturers' installation instructions when required by specification section.

G. If Contractor submits shop drawings for items which shop drawings are not specified, Architect/Engineer will not be obliged to review them.

H. Contractor shall be responsible for procuring copies of shop drawing for its own use as he may require

for the progress of the work.

I. Shop drawings shall be drawn to scale and completely dimensioned, giving plan together with such sections as are necessary to clearly show construction detail and methods.

1.08 SAMPLES

A. Submit full range of manufacturers' standard colors, textures, and patterns for Project Manager's selection.

B. Submit samples to illustrate functional and aesthetic characteristics of Product, with integral parts and

attachment devices. Coordinate submittal of different categories for interfacing work.

C. Include identification on each sample, giving full information.

D. Submit three (3) samples unless otherwise specified. Two (2) will be retained.

Submittals (10-01) 01300 - 7


E. Sizes: Unless otherwise specified, provide the following:

1. Paint Chips: Manufacturers' standard 2. Flat or Sheet Products: Minimum 6 inches square, maximum 12 inches square 3. Linear Products: Minimum 6 inches, maximum 12 inches long 4. Bulk Products: Minimum 1 pint, maximum 1 gallon

F. Full size samples may be used in Work upon approval.

G. Field Samples and Mock-ups:

1. Erect field samples and mock-ups at Project site in accordance with requirements of

Specification sections.

2. Modify or make additional field samples and mock-ups as required to provide appearance and finishes approved by Project Manager.

3. Approved field samples and mock-ups may be used in Work upon approval.

4. Construct or prepare as many additional Samples as may be required, as directed by the

Architect/Engineer, until desired textures, finishes, and/or colors are obtained.

5. Accepted Samples and mock-up shall serve as the standard of quality for the various units of work.

H. No review of a Sample shall be taken in itself to change or modify the requirements in the Contract

Documents.

I. Finishes, materials, and workmanship in the completed building shall match accepted Samples. 1.09 COMPOSITE DRAWINGS

A. Contractor shall prepare composite drawings and installation layouts, where required, to solve field conditions.

B. Drawings shall consist of dimensioned plans and elevations and shall give complete information,

particularly as to size and location of sleeves, inserts, attachments, openings, conduit, ducts, boxes, and structural interferences.

C. Composite shop drawings and field installation layouts shall be coordinated in field by Contractor and

his or her subcontractors for proper relationship to work of applicable trades based on field conditions and shall be checked and approved by them for submission to Architect/Engineer for final acceptance.

1. Contractor shall have competent personnel readily available for coordinating and checking as

well as for supervision of field installation layouts. 1.10 QUALITY CONTROL SUBMITTALS

A. Design Data: [STATE ANY REQUIREMENTS FOR CONTRACTOR TO SUBMIT DESIGN DATA BEYOND THAT REQUIRED IN SHOP DRAWINGS, MANUFACTURER'S LITERATURE AND PRODUCT DATA, SAMPLES OR MOCK-UPS.]

B. Test Reports: Submit three (3) copies. If reports are unacceptable, one (1) copy will be marked with

Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

Submittals (10-01) 01300 - 8


1. Indicate that material or product conforms to or exceeds specified requirements.

2. Reports may be from recent or previous tests on material or product, but must be acceptable to Project Manager. Comply with requirements of each individual specification Section.

C. Certificates: Sumbit three (3) copies. If certificates are unacceptable, one (1) copy will be marked with

Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

1. Indicate that material or product conforms to or exceeds specified requirements.

2. Submit supporting reference data, affidavits, and certifications as appropriate.

3. Certificates may be recent or from previous test results on material or product, but must be acceptable to Project Manager.

D. Manufacturers' Instructions: Submit three (3) copies. If instructions are unacceptable, one (1) copy will

be marked with Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

1. Include manufacturer's printed instructions for delivery, storage, assembly, installation, startup,

adjusting, and finishing.

2. Identify conflicts between manufacturer's instructions and Contract Documents. 1.11 NOT USED 1.12 OPERATIONS AND MAINTENANCE MANUALS

A. Submit three (3) copies of manufacturers' operations and maintenance manuals. If necessary, all copies will be marked with City's review comments and returned to Contractor for correction until satisfactory information is provided. City will retain satisfactorily corrected manuals for its own use.

B. Operations and maintenance manuals shall include the following as appropriate:

1. Operating instructions 2. Preventive maintenance instructions 3. Cleaning instructions 4. Safety precautions 5. Trouble shooting procedures 6. Theory of operation to discrete component level 7. Schematic diagrams, flow diagrams, wiring diagrams, logic diagrams, etc. to discrete

component level 8. Parts lists showing all discrete components with part number, current prices and availability 9. List of replaceable supplies; paper, ink, ribbon, etc. with part numbers, current prices and

availability 10. Recommended levels of spare parts and supplies to keep on hand 11. Manufacturers' service and maintenance technical manuals 12. Names, addresses and telephone numbers of service and repair firms for the equipment

C. Manuals shall be the same as are used by manufacturers' authorized technicians to completely service

and repair the equipment.

Submittals (10-01) 01300 - 9


1.13 COMPUTER PROGRAMS

When any equipment requires operation by computer programs, submit copy of program on appropriate diskette plus all user manuals and guides for operating the programs and making changes in the programs for upgrading and expanding the databases. Program must be Windows XP compatible. Provide required licenses to City at no additional cost.

1.14 PROJECT RECORD DOCUMENTS

Submit one copy of each of the Project Record Documents listed in Section 01700 Contract Closeout. 1.15 DELAY OF SUBMITTALS

Delay of submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of late submittals will be assessed to Contractor.

PART 2 PRODUCTS



END OF SECTION

Submittals (10-01) 01300 - 10


DIVISION 1 GENERAL SPECIFICATIONS SECTION 01310 PROGRESS SCHEDULES AND REPORTS 1.01 SUMMARY

A. Scheduling of Work under this Contract shall be performed by Contractor in accordance with requirements of this Section.

1. Development of schedule, cost and resource loading of the schedule, monthly payment requests and project

status reporting requirements of the Contract shall employ computerized Critical Path Method (CPM) scheduling. 2. CPM Schedule shall be cost loaded based on Schedule of Values as approved by City. 3. Submit schedules and reports as specified in Document 00700 General Conditions. B. Upon Award of Contract, Contractor shall immediately commence development of Initial and Original CPM

Schedules to ensure compliance with CPM schedule submittal requirements. C. Related Sections: 1. Section 01000: Summary of Work 2. Section 01025: Measurement and Payment 3. Section 01200: Project Meetings 4. Section 01300: Submittals

1.02 QUALIFICATIONS

A. Contractor shall employ experienced scheduling personnel qualified to use the latest version of Primavera Project Planner. Experience level required is set forth below. Contractor may employ such personnel directly or may employ a consultant for this purpose. After bid opening, the apparent successful low bidder shall provide City a written verification that Contractor has the required personnel under its employ or that Contractor will employ the required CPM consultant.

1. The written statement shall identify individual who will perform CPM scheduling. 2. Capability and experience shall be verified by description of construction projects on which individual has

successfully applied computerized CPM. 3. Required level of experience shall include at least two projects of similar nature, scope and value not less

than three-fourths the Total Bid Price of this Project. The written statement shall provide contact persons for referenced projects with current telephone and address information.

B. City reserves right to approve Contractor's scheduler, or consultant, and right to reject them at any time. City also

reserves right to refuse replacement of Contractor's scheduler or consultant, if it believes such replacement will negatively affect Contract.

1.03 GENERAL

A. Progress Schedule shall be based on and incorporate milestone and completion dates specified in Contract Documents.

Progress Schedules and reports (10-01) 01310 - 1


B. Overall time of completion and time of completion for each milestone shown on Progress Schedule shall adhere to times in Document 00510 Agreement, unless an earlier (advanced) time of completion is requested by Contractor and agreed to by City. Any such agreement shall be formalized by a Change Order.

1. City is not required to accept an earlier (advanced) schedule, i.e., one that shows early completion dates for the

Contract Times. 2. Contractor shall not be entitled to extra compensation in event agreement is reached on an earlier (advanced) schedule

and Contractor completes its Work, for whatever reason, beyond completion date shown in earlier (advanced) schedule but within the Contract Times.

3. A schedule showing the work completed in less than the Contract Times, which has been accepted by City, shall be

considered to have Project Float. The Project Float is the time between the scheduled completion of the work and Contract Substantial Completion. Project Float is a resource available to both City and the Contractor.

C. Float Ownership: Neither City nor Contractor owns float. The Project owns the float. As such, liability for delay of the

Substantial Completion Date rests with the party whose actions, last in time, actually cause delay to the Substantial Completion Date.

1. For example, if Party A uses some, but not all of the float and Party B later uses remainder of the float as well as

additional time beyond the float, Party B shall be liable for the time that represents a delay to the Substantial Completion Date.

2. Party A would not be responsible for the time since it did not consume all of the float and additional float remained;

therefore, the Substantial Completion Date was unaffected. D. Progress Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests.

Responsibility for developing Contract CPM schedule and monitoring actual progress as compared to Progress Schedule rests with Contractor.

E. Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will not relieve

Contractor from responsibility for accomplishing the Work in accordance with the Contract. City's acceptance of schedule shall be for its use in monitoring and evaluating job progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon City, or act to relieve Contractor of its responsibility for means and methods of construction.

F. Use Primavera Project Planner for Windows, latest version. Such software shall be compatible with Windows operating

system. Contractor shall transmit contract file to City on flash drive at times requested by City. G. Transmit each item under form approved by City. 1. Identify Project with City Contract number, and name of Contractor. 2. Provide space for Contractor's approval stamp and City's review stamps. 3. Submittals received from sources other than Contractor will be returned to the Contractor without City's review.

1.04 INITIAL CPM SCHEDULE

A. Initial CPM Schedule submitted for review at the pre-construction conference shall serve as Contractor's schedule for up to sixty (60) calendar days after the Notice to Proceed.

B. Indicate detailed plan for the Work to be completed in first sixty (60) days of the Contract; details of planned mobilization of

plant and equipment; sequence of early operations; and procurement of materials and equipment. Show Work beyond ninety (90) calendar days in summary form.



C. Initial CPM Schedule shall be time-scaled. D. Initial CPM Schedule shall be cost and resource loaded. Accepted cost and resource loaded schedule will be used as basis for

monthly progress payments until acceptance of the Original CPM Schedule. Use of Initial CPM Schedule for progress payments shall not exceed sixty (60) calendar days.

E. City and Contractor shall meet to review and discuss the Initial CPM Schedule within five (5) working days after it has been

submitted to City. 1. City's review and comment on the schedule shall be limited to Contract conformance (with sequencing, coordination,

and milestone requirements). 2. Contractor shall make corrections to schedule necessary to comply with Contract requirements and shall adjust

schedule to incorporate any missing information requested by City. Contractor shall resubmit Initial CPM Schedule if requested by City.

F. If, during the first sixty (60) days after Notice-to-Proceed, the Contractor is of the opinion that any of the Work included on its

Initial CPM Schedule has been impacted, the Contractor shall submit to City a written Time Impact Evaluation (TIE) in accordance with Article 1.09 of this Section. The TIE shall be based on the most current update of the Initial CPM Schedule.

1.05 ORIGINAL CPM SCHEDULE

A. Submit a detailed proposed Original CPM Schedule presenting an orderly and realistic plan for completion of the Work, in conformance with requirements as specified herein.

B. Progress Schedule shall include or comply with following requirements: 1. Time scaled, cost and resource (labor and major equipment) loaded CPM schedule. 2. No activity on schedule shall have duration longer than fifteen (15) workdays, with exception of submittal, approval,

fabrication and procurement activities, unless otherwise approved by City. a. Activity durations shall be total number of actual work days required to perform that activity. 3. The start and completion dates of all items of Work, their major components, and milestone completion dates, if any. 4. City-furnished materials and equipment, if any, identified as separate activities. 5. Activities for maintaining Project Record Documents. 6. Dependencies (or relationships) between activities. 7. Processing/approval of submittals and shop drawings for all Contract-required material and equipment. Activities that

are dependent on submittal acceptance or material delivery shall not be scheduled to start earlier than expected acceptance or delivery dates.

a. Include time for submittals, resubmittals, and reviews by City. Coordinate with accepted schedule for submission of

shop drawings, samples and other submittals. b. Contractor shall be responsible for all impacts resulting from resubmittal of shop drawings and submittals. 8. Procurement of major equipment, through receipt and inspection at jobsite, identified as separate activity. a. Include time for fabrication and delivery of manufactured products for the Work.



b. Show dependencies between procurement and construction. 9. Activity description; what Work is to be accomplished and where. 10. The total cost of performing each activity shall be total of labor, material, equipment, including overhead and profit of

Contractor. Overhead and profit of the General Contractor shall be prorated equally into each activity in the schedule. Sum of cost for all activities shall equal total Contract value.

11. Resources required (labor and major equipment) to perform each activity. 12. Responsibility code for each activity corresponding to Contractor or Subcontractor responsible for performing the Work. 13. Identify the activities which constitute the controlling operations or critical path. No more than twenty-five (25%) of the

activities shall be critical or near critical. Near critical is defined as float in the range of one (1) to (10) days. 14. Twenty (20) workdays for developing punch list(s), completion of punch list items, and final clean-up for the Work or

any designated portion thereof. No other activities shall be scheduled during this period. 15. Interface with the work of other contractors, City, and agencies such, as but not limited to, utility companies. 16. Show detailed Subcontractor Work activities. In addition, furnish copies of Subcontractor schedules upon which CPM

was built. a. Also furnish for each Subcontractor, as determined by City, submitted on Subcontractor letterhead a statement

certifying that Subcontractor concurs with Contractor's Original CPM Schedule and that Subcontractor's related schedules have been incorporated, including activity duration, cost and resource loading.

b. Subcontractor schedules shall be independently derived and not a copy of Contractor's schedule. c. In addition to Contractor's schedule and resource loading, obtain from electrical, mechanical and plumbing

Subcontractors, and other subcontractors as required by City, productivity calculations common to their trades, such as units per person day, feet of pipe per day per person, feet of wiring per day per person, and similar information.

d. Furnish schedule for Contractor/Subcontractor CPM schedule meetings which shall be held prior to submission of

Original CPM schedule to City. City shall be permitted to attend scheduled meetings as an observer. 17. Activity durations shall be in Work days. 18. Submit with the schedule a list of anticipated non-Work days, such as weekends and holidays. The Progress Schedule

shall exclude in its Work day calendar all non-Work days on which Contractor anticipates critical Work will not be performed.

C. Original CPM Schedule Review Meeting: Contractor shall, within thirty (30) days from the Notice to Proceed date, meet with

City to review the Original CPM Schedule submittal. 1. Contractor shall have its Contract Manager, Project Superintendent, Project Scheduler, and key Subcontractor

representatives, as required by City, in attendance. The meeting will take place over a continuous one-day period. 2. City's review will be limited to submittal's conformance to Contract requirements, including, but not limited to,

coordination requirements. However, review may also include: a. Clarifications of Contract Requirements. b. Directions to include activities and information missing from submittal.



c. Requests to Contractor to clarify its schedule. 3. Within five (5) days of the Schedule Review Meeting, Contractor shall respond in writing to all questions and comments

expressed by City at the Meeting.

1.06 ADJUSTMENTS TO CPM SCHEDULE

A. Adjustments to Original CPM Schedule: Contractor shall have adjusted the Original CPM Schedule submittal to address all review comments from original CPM Schedule review meeting and resubmit network diagrams and reports for City's review.

1. City, within ten (10) days from date that Contractor submitted the revised schedule, will either: a. accept schedule and cost and resource loaded activities as submitted, or b. advise Contractor in writing to review any part or parts of schedule which either do not meet Contract

requirements or are unsatisfactory for City to monitor Project's progress, resources and status or evaluate monthly payment request by Contractor.

2. City may accept schedule with conditions that the first monthly CPM schedule update be revised to correct deficiencies

identified. 3. When schedule is accepted, it shall be considered as the "Original CPM Schedule" which will then be immediately

updated to reflect the current status of the work. 4. City reserves right to require Contractor to adjust, add to, or clarify any portion of schedule which may later be

discovered to be insufficient for monitoring of Work or approval of partial payment requests. No additional compensation will be provided for such adjustments, additions, or clarifications.

B. Acceptance of Contractor's schedule by City will be based solely upon schedule's compliance with Contract requirements. 1. By way of Contractor assigning activity durations and proposing sequence of Work, Contractor agrees to utilize

sufficient and necessary management and other resources to perform work in accordance with the schedule. 2. Upon submittal of schedule update, updated schedule shall be considered "current" CPM schedule. 3. Submission of Contractor's schedule to City shall not relieve Contractor of total responsibility for scheduling,

sequencing, and pursuing Work to comply with requirements of Contract Documents, including adverse effects such as delays resulting from ill-timed work.

C. Submittal of Original CPM Schedule, and subsequent schedule updates, shall be understood to be Contractor's representation

that the Schedule meets requirements of Contract Documents and that Work shall be executed in sequence indicated on the schedule.

D. Contractor shall distribute Original CPM Schedule to Subcontractors for review and written acceptance, which shall be noted

on Subcontractors' letterheads to Contractor and transmitted to City for the record.

1.07 MONTHLY CPM SCHEDULE UPDATE SUBMITTALS

A. Following acceptance of Contractor's Original CPM Schedule, Contractor shall monitor progress of Work and adjust schedule each month to reflect actual progress and any anticipated changes to planned activities.

1. Each schedule update submitted shall be complete, including all information requested for the Original CPM Schedule

submittal.



2. Each update shall continue to show all work activities including those already completed. These completed activities shall accurately reflect "as built" information by indicating when activities were actually started and completed.

B. A meeting will be held on approximately the twenty-fifth (25th) of each month to review the schedule update submittal

and progress payment application. 1. At this meeting, at a minimum, the following items will be reviewed: Percent complete of each activity; Time impact

evaluations for Change Orders and Time Extension Request; actual and anticipated activity sequence changes; actual and anticipated duration changes; and actual and anticipated contractor delays.

2. These meetings are considered a critical component of overall monthly schedule update submittal and Contractor shall

have appropriate personnel attend. At a minimum, these meetings shall be attended by Contractor's General Superintendent and Scheduler.

3. Contractor shall plan on the meeting taking no less than four (4) hours. C. Within five (5) working days after monthly schedule update meeting, Contractor shall submit the updated CPM Schedule

update. D. Within five (5) work days of receipt of above noted revised submittals, City will either accept or reject monthly schedule

update submittal. 1. If accepted, percent complete shown in monthly update will be basis for Application for Payment by the Contractor.

The schedule update shall be submitted as part of the Contractor's Application for Payment. 2. If rejected, update shall be corrected and resubmitted by Contractor before the Application for Payment is submitted. E. Updating, changing or revising of any report, curve, schedule or narrative submitted to City by Contractor under this Contract,

nor City's review or acceptance of any such report, curve, schedule or narrative shall not have the effect of amending or modifying, in any way, the Contract Substantial Completion date or milestone dates or of modifying or limiting, in any way, Contractor's obligations under this Contract.

1.08 SCHEDULE REVISIONS

A. Updating the Schedule to reflect actual progress shall not be considered revisions to the Schedule. Since scheduling is a dynamic process, revisions to activity durations and sequences are expected on a monthly basis.

B. To reflect revisions to the schedule, the Contractor shall provide City with a written narrative with a full description and

reasons for each Work activity revised. For revisions affecting the sequence of work, the Contractor shall provide a schedule diagram which compares the original sequence to the revised sequence of work. The Contractor shall provide the written narrative and schedule diagram for revisions two (2) working days in advance of the monthly schedule update meeting.

C. Schedule revisions shall not be incorporated into any schedule update until the revisions have been reviewed by City. City

may request further information and justification for schedule revisions and Contractor shall, within three (3) days, provide City with a complete written narrative response to City's request.

D. If the Contractor's revision is still not accepted by City, and the Contractor disagrees with City's position, the Contractor has

seven (7) calendar days from receipt of City's letter rejecting the revision, to provide a written narrative providing full justification and explanation for the revision. The Contractor's failure to respond in writing within seven (7) calendar days of City's written rejection of a schedule revision shall be contractually interpreted as acceptance of City's position, and the Contractor waives its rights to subsequently dispute or file a claim regarding City's position.

E. At City's discretion, the Contractor can be required to provide subcontractor certifications of performance regarding proposed

schedule revisions affecting said subcontractors.



1.09 RECOVERY SCHEDULE

A. If the Schedule Update shows a substantial completion date twenty-one (21) calendar days beyond the Contract Substantial Completion date, or individual milestone completion dates, the Contractor shall submit to City the proposed revisions to recover the lost time within seven (7) calendar days. As part of this submittal, the Contractor shall provide a written narrative for each revision made to recapture the lost time. If the revisions include sequence changes, the Contractor shall provide a schedule diagram comparing the original sequence to the revised sequence of work.

B. The revisions shall not be incorporated into any schedule update until the revisions have been reviewed by City. C. If the Contractor's revisions are not accepted by City and the Contractor shall follow the procedures in paragraph 1.08.C,

1.08.D and 1.08.E above. D. At City's discretion, the Contractor can be required to provide subcontractor certifications for revisions affecting said

subcontractors.

1.10 TIME IMPACTS EVALUATION FOR CHANGE ORDERS, AND OTHER DELAYS

A. When Contractor is directed to proceed with changed work, the Contractor shall prepare and submit, within fourteen (14) calendar days from the direction to proceed, a time impact evaluation (TIE) which includes both a written narrative and a schedule diagram depicting how the changed work affects other schedule activities. The schedule diagram shall show how the Contractor proposes to incorporate the changed work in the schedule, and how it impacts the current schedule update critical path. The Contractor is also responsible for requesting time extensions based on the TIE's impact on the critical path. The diagram must be tied to the main sequence of schedule activities to enable City to evaluate the impact of changed work to the scheduled critical path.

B. Contractor shall be required to comply with the requirements of Paragraph 1.09.A for all types of delays such as, but not

limited to, Contractor/Subcontractor delays, adverse weather delays, strikes, procurement delays, fabrication delays, etc. C. Contractor shall be responsible for all costs associated with the preparation of Time Impact Evaluations, and the process of

incorporating them into the current schedule update. The Contractor shall provide City with 4 copies of each TIE. D. Once agreement has been reached on a TIE, the Contract Times will be adjusted accordingly. If agreement is not reached on a

TIE, the Contract Times may be extended in an amount City allows, and the Contractor may submit a claim for additional time claimed by contractor.

1.11 TIME EXTENSIONS

A. The Contractor is responsible for requesting time extensions for time impacts that, in the opinion of the Contractor, impact the critical path of the current schedule update. Notice of time impacts shall be given in accord with Articles 12 and 15 of Document 00700 General Conditions.

B. Where an event for which City is responsible impacts the projected Substantial Completion date, the Contractor shall provide

a written mitigation plan, including a schedule diagram, which explains how (e.g., increase crew size, overtime, etc.) the impact can be mitigated. The Contractor shall also include a detailed cost breakdown of the labor, equipment and material the Contractor would expend to mitigate City caused time impact. The Contractor shall submit its mitigation plan to City within 14 calendar days from the date of discovery of said impact. The Contractor is responsible for the cost to prepare the mitigation plan.

C. Failure to request time, provide TIE, or provide the required mitigation plan will result in Contractor waiving its right to a

time extension and cost to mitigate the delay. D. No time will be granted under this Contract for cumulative effect of changes. E. City will not be obligated to consider any time extension request unless requirements of Contract Documents are complied



with. F. Failure of the Contractor to perform in accordance with the current schedule update shall not be excused by submittal of time

extension requests. G. If the Contractor does not submit a TIE within the required fourteen (14) calendar days for any issue, it is mutually agreed that

the Contractor does not require a time extension for said issue.

1.12 SCHEDULE REPORTS

A. Submit four (4) copies of the following reports with the Initial CPM Schedule, the Original CPM Schedule, and each monthly update.

B. Required Reports: 1. Two activity listing reports: one sorted by activity number and one by total float. These reports shall also include each

activity's early/late and actual start and finish dates, original and remaining duration, float, responsibility code and the logic relationship of activities.

2. Cost report sorted by activity number including each activity's associated cost, percentage of Work accomplished,

earned value to-date, previous payments and amount earned for current update period. 3. Schedule plots presenting time scaled network diagram showing activities and their relationships with the controlling

operations or critical path clearly highlighted. 4. Cash flow report calculated by early start, late start and indicating actual progress. Provide an exhibit depicting this

information in graphic form. 5. Planned versus actual resource (i.e., labor) histogram calculated by early start and late start. C. Other Reports In addition to above reports, City may request, from month-to-month, any two of the following reports. Submit four (4) copies

of all reports. 1. Activities by early start 2. Activities by late start 3. Activities grouped by subcontractors or selected trades 4. Activities with scheduled early start dates in a given time frame, such as fifteen (15) or thirty (30) day outlook 5. Any other report producible from the scheduling software. D. Furnish City with report files on flash drive containing all schedule files for each report generated.

1.13 PROJECT STATUS REPORTING

A. In addition to submittal requirements for CPM scheduling identified in this Section, Contractor shall provide a monthly project status report (i.e., written narrative report) to be submitted in conjunction with each CPM Schedule as specified herein. Status reporting shall be in form specified below.

B. Contractor shall prepare monthly written narrative reports of status of Project for submission to City. Written status reports

shall include: 1. Status of major Project components (percent complete, amount of time ahead or behind schedule) and an explanation

of how Project will be brought back on schedule if delays have occurred.



2. Progress made on critical activities indicated on CPM schedule. 3. Explanations for any lack of work on critical path activities planned to be performed during last month. 4. Explanations for any schedule changes, including changes to logic or to activity durations. 5. List of critical activities scheduled to be performed next month. 6. Status of major material and equipment procurement. 7. Any delays encountered during reporting period. 8. Contractor shall provide printed report indicating actual versus planned resource loading for each trade and each

activity. This report shall be provided on weekly and monthly basis. a. Actual resource shall be accumulated in field by Contractor, and shall be as noted on Contractor's daily reports.

These reports will be basis for information provided in computer generated monthly and weekly printed reports. b. Contractor shall explain all variances and mitigation measures. 9. Contractor may include any other information pertinent to status of Project. Contractor shall include additional status

information requested by City at no additional cost. 10. Status reports, and the information contained therein, shall not be construed as claims, notice of claims, notice of delay,

or requests for changes or compensation.

1.14 WEEKLY SCHEDULE REPORT

At the Weekly Progress Meeting, the Contractor shall provide and present a time scaled two week look ahead schedule that is based and correlated by activity number to the current schedule (i.e., Initial, Original CPM, or Schedule Update).

1.15 DAILY CONSTRUCTION REPORTS

On a daily basis, Contractor shall submit a daily activity report to City for each workday, including weekends and holidays, when worked. Contractor shall develop the daily construction reports on a computer generated data-base capable of sorting daily Work, manpower and manhours by Contractor, Subcontractor, area, subarea, and change order work. Upon request of City, furnish computer disk of this data base. Obtain City's written approval of daily construction report data base format prior to implementation. Include in report: 1. Project name and Project number. 2. Contractor's name and address. 3. Weather, temperature and any unusual site conditions. 4. Brief description and location of the day's scheduled activities and any special problems and accidents, including Work

of Subcontractors. Descriptions shall be referenced to CPM scheduled activities. 5. Worker quantities for its own Work force and for Subcontractors of any tier. 6. Equipment, other than hand tools, utilized by Contractor and Subcontractors.

PART 2 PRODUCTS Not applicable to this section.



PART 3 EXECUTION Not applicable to this section. END OF SECTION




SECTION 01400

TESTING AND INSPECTION PART 1 GENERAL 1.01 SECTION INCLUDES

A. Regulatory requirements for testing and inspection.

B. Contractor's quality control.

C. Quality of the Work.

D. Inspections and tests by governing authorities.

E. Inspections and tests by serving utilities.

F. Inspections and tests by manufacturer's representatives.

G. Inspections by Independent Testing and Inspection Agency. 1.02 RELATED SECTIONS

A. Section 01040-Coordination: Coordination of Work under Contract.

B. Section 01060-Regulatory Requirements: Compliance with applicable codes, ordinances and standards.

C. Section 01600-Product Requirements: Product Options, substitutions, transportation and handling requirements, storage and protection requirements, and system completeness requirements.

1.03 CONTRACTOR'S QUALITY CONTROL

A. Contractor's Quality Control: Contractor shall ensure that products, services, workmanship and site conditions comply with requirements of the Drawings and Specifications by coordinating, supervising, testing and inspecting the work and by utilizing only suitably qualified personnel.

B. Quality Requirements: Work shall be accomplished in accordance with quality requirements of the

Drawings and Specifications, including, by reference, all Codes, laws, rules, regulations and standards. When no quality basis is prescribed, the quality shall be in accordance with the best accepted practices of the construction industry for the locale of the Project, for projects of this type.

C. Quality Control Personnel: Contractor shall employ and assign knowledgeable and skilled personnel as

necessary to perform quality control functions to ensure that the Work is provided as required. 1.04 QUALITY OF THE WORK

A. Quality of Products: Unless otherwise indicated or specified, all products shall be new, free of defects and fit for the intended use.

B. Quality of Installation: All Work shall be produced plumb, level, square and true, or true to indicated

angle, and with proper alignment and relationship between the various elements.

Testing and Inspection (10-01) 01400 - 1


C. Protection of Completed Work: Take all measures necessary to preserve completed Work free from

damage, deterioration, soiling and staining, until Acceptance by the City.

D. Standards and Code Compliance and Manufacturer's Instructions and Recommendations: Unless more stringent requirements are indicated or specified, comply with manufacturer's instructions and recommendations, reference standards and building code research report requirements in preparing, fabricating erecting, installing, applying, connecting and finishing Work.

E. Deviations from Standards and Code Compliance and Manufacturer's Instructions and Recommendations:

Document and explain all deviations from reference standards and building code research report requirements and manufacturer's product installation instructions and recommendations, including acknowledgement by the manufacturer that such deviations are acceptable and appropriate for the Project.

F. Verification of Quality: Work shall be subject to verification of quality by City or Architect/Engineer in

accordance with provisions of the General Conditions of the Contract.

1. Contractor shall cooperate by making Work available for inspection by City, Architect/Engineer or their designated representatives.

2. Such verification may include mill, plant, shop, or field inspection as required.

3. Provide access to all parts of the Work, including plants where materials or equipment are

manufactured or fabricated.

4. Provide all information and assistance as required, including that by and from subcontractors, fabricators, materials suppliers and manufacturers, for verification of quality by City or Architect/Engineer.

5. Contract modifications, if any, resulting from such verification activities shall be governed by

applicable provisions in the General Conditions of the Contract.

G. Observations by Architect/Engineer: Periodic and occasional observations of Work in progress will be made by Architect/Engineer as deemed necessary to review progress of Work and general conformance with design intent.

H. Limitations on Inspection, Test and Observation: Neither employment of independent testing and

inspection agency nor observations by Architect/Engineer shall in way relieve Contractor of obligation to perform Work in full conformance to all requirements of Contract Documents.

I. Rejection of Work: City reserves the right to reject all Work not in conformance to the requirements of the

Drawings and Specifications.

J. Correction of Non-Conforming Work: Non-conforming Work shall be modified, replaced, repaired or redone by the Contractor at no change in Contract Sum or Contract Time.

K. Acceptance of Non-Conforming Work: Acceptance of nonconforming Work, without specific written

acknowledgement and approval of the City, shall not relieve the Contractor of the obligation to correct such Work.

L. Contract Adjustment for Non-Conforming Work: Should City determine that it is not feasible or in City's

interest to require non-conforming Work to be repaired or replaced, an equitable reduction in Contract Sum shall be made by agreement between City and Contractor. If equitable amount cannot be agreed upon, a Construction Change Directive will be issued and the amount in dispute resolved in accordance with applicable provisions of the General Conditions.



1.05 INSPECTIONS AND TESTS BY GOVERNING AUTHORITIES

A. Regulatory Requirements for testing and Inspection: Comply with Uniform Building Code (UBC) requirements and all other requirements of governing authorities having jurisdiction.

B. Inspections and Tests by Governing Authorities: Contractor shall cause all tests and inspections required

by governing authorities having jurisdiction to be made for Work under this Contract.

1. Such authorities include Office of Statewide Health Planning Department (OSHPD) Public Works Department, Fire Department, and similar agencies.

2. Except as specifically noted, scheduling, conducting and paying for such inspections shall be solely

the Contractor's responsibility. 1.06 INSPECTIONS AND TESTS BY SERVING UTILITIES

A. Inspections and Tests by Serving Utilities: Contractor shall cause all tests and inspections required by serving utilities to be made for Work under this Contract. Scheduling conducting and paying for such inspections shall be solely the Contractor's responsibility.

1.07 INSPECTIONS AND TESTS BY MANUFACTURER'S REPRESENTATIVES

A. Inspections and Tests by Manufacturer's Representatives: Contractor shall cause all tests and inspections specified to be conducted by materials or systems manufacturers to be made. Additionally, all tests and inspections required by materials or systems manufacturers as conditions of warranty or certification of Work shall be made, the cost of which shall be included in the Contract Sum.

1.08 INSPECTIONS BY INDEPENDENT TESTING AND INSPECTION AGENCY

A. City will select an independent testing and inspection agency or agencies to conduct tests and inspections as indicated on Drawings, in Specifications and as required by governing authorities having jurisdiction.

B. Responsibility for payment for tests and inspections shall be as indicated in schedule below. All time and

costs for Contractor's service related to such tests and inspections shall be included in Contract Time and Contract Sum.

C. Contractor shall notify City and, if directed by City, testing and inspection agency, when Work is ready for

specified tests and inspections.

D. Contractor shall pay for all additional charges by testing and inspection agencies and governing authorities having jurisdiction due to the following:

1. Contractor's failure to properly schedule or notify testing and inspection agency or authorities

having jurisdiction.

2. Changes in sources, lots or suppliers of products after original tests or inspections.

3. Changes in means methods, techniques, sequences and procedures of construction which necessitate additional testing, inspection and related services.

4. Changes in mix designs for concrete and mortar after review and acceptance of submitted mix

design.



E. Tests and inspections shall include the following:

Section Inspections and Tests Paid by

S102 – General Notes Nailing of wood structural Paid by City. framing and installation of hardware Plywood nailing – floor, Paid by City sheathing and shear wall sheathing Anchors in concrete Paid by City Post installed anchors Paid by City Concrete, >2500 psi Paid by City Field welding and shop Paid by City welding

F. Test and Inspection Reports: After each inspection and test, one copy of report shall be promptly submitted each to Architect/Engineer, City, City's field representative, Contractor and to agency having jurisdiction (if required by Code).

1. Reports shall clearly identify the following:

a. Date issued. b. Project name and number. c. Identification of product and Specifications Section in which Work is specified. d. Name of inspector. e. Date and time of sampling or inspection. f. Location in Project where sampling or inspection was conducted. g. Type of inspection or test. h. Date of test. i. Results of tests. j. Comments concerning conformance with Contract Documents and other requirements.

2. Test reports shall indicate specified or required values and shall include statement whether test

results indicate satisfactory performance of products.

3. Samples taken but not tested shall be reported.

4. Test reports shall confirm that methods used for sampling and testing conform to specified test procedures.

5. When requested, testing and inspection agency shall provide interpretations of test results.

6. Verification reports shall be prepared and submitted, stating that tests and inspections specified or

otherwise required for the project, have been completed and that material and workmanship comply with the Contract Drawings and Specifications. Verification reports shall be submitted at intervals not exceeding 6 months, at Substantial Completion of the Project, and at all times when Work of



Project is suspended.

G. Contractor Responsibilities in Inspections and Tests:

1. Notify testing and inspection agencies 24 hours in advance of expected time for operations requiring inspection and testing services.

2. Deliver to laboratory or designated location, adequate samples of materials proposed to be used

which require advance testing, together with proposed mix designs.

3. Cooperate with testing and inspection agency personnel, City's field representative, Architect/Engineer. Provide access to Work areas and off-site fabrication and assembly locations, including during weekends and after normal work hours.

4. Provide incidental labor and facilities to provide safe access to Work to be tested and inspected, to

obtain and handle samples at the Project site or at source of products to be tested, and to store and cure test samples.

5. Provide, at least 15 days in advance of first test or inspection of each type, a schedule of tests or

inspections indicating types of tests or inspections and their scheduled dates.

6. Provide 24 hours advance notice to the Project Manager, Architect/Engineer of each test and inspection, as directed.

a. When tests or inspections cannot be performed after such notice , reimburse City for Testing

Laboratory personnel and travel expenses incurred due to Contractor's negligence. 1.09 ADDITIONAL TESTING AND INSPECTION

A. If initial tests or inspections made by the Testing Laboratory reveal that materials do not comply with Contract Documents, or if City has reasonable doubt that materials do not comply with Contract Documents, additional tests and inspections shall be made as directed.

1. If additional tests and inspections establish that materials comply with Contract Documents, all

costs for such tests and inspections shall be paid by City.

2. If additional tests and inspections establish that materials do not comply with Contract Documents, all costs of such tests and inspections shall be deducted for Contract Sum.

END OF SECTION




SECTION 01505

CONSTRUCTION WASTE MANAGEMENT 1.00 GENERAL 1.01 WASTE MANAGEMENT GOALS FOR THE PROJECT A. The City has established that this Project shall generate the least amount of waste possible and that

processes that ensure the generation of as little waste as possible due to overpackaging, error, poor planning, breakage, mishandling, contamination, or other factors shall be employed.

B. Of the inevitable waste that is generated, as many of the waste materials as economically feasible

shall be reused, salvaged, or recycled. Waste disposal in landfills shall be minimized.

C. With the exception of items listed for reuse by the City, the value of all salvaged and recycled items belongs to the Contractor.

1.02 SYSTEM DESCRIPTION

A. Performance Requirement: Divert a minimum of 50 percent by weight of construction and demolition waste and 100 percent by weight from landfill.

1.03 DEFINITIONS

A. "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City for use in estimating the weight of materials identified in the Waste Management Plan.

B. "Divert" means to use material for any purpose other than disposal in a landfill or transfer facility. C. "Good faith" shall be as defined by law. D. "Net cost" means that the following have been subtracted from the cost of separating and

recycling: 1. Revenue from the sale of recycled or salvaged materials 2. Landfill tipping fees saved due to diversion of materials from the landfill. E. "Recycling Service" means an off-site service that provides processing of material and diversion

from landfill. F. "Hauler" means the entity who transports construction and demolition debris to either a landfill or

a recycling service. 1.04 WASTE MANAGEMENT PLANS

A. Draft Waste Management Plan: Within 10 calendar days after receipt of Notice of Award of Bid, or prior to any waste removal, whichever occurs sooner, the Contractor shall submit to the City a Draft Waste Management Plan. Contractor shall submit a Draft waste management plan that will demonstrate how Contractor will divert from landfills that amount noted in Paragraph 1.02 of the building’s waste generated under the contract. The Draft Plan shall contain the following: 1. Analysis of the proposed jobsite waste to be generated, including types and quantities.

Construction Waste Management (03-03) 01505 - 1


2. Alternatives to Landfilling: Contractor shall designate responsibility for preparing a list of each material proposed to be diverted during the course of the Project, the proposed local market for each material (consult local integrated waste management programs), and the estimated net cost savings or additional costs resulting from separating and recycling (versus land filling) each material

3. Landfill Options: The name of the landfill(s) where trash will be disposed of, the

applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s). Submit certification from recycling services that are not listed in Alameda County Waste Management Authority’s “Builders’ Guide to Reuse & Recycling, A Directory For Construction and Demolition Materials”. If not so listed, all recycling services must certify in writing that accepted waste will be diverted from landfill, not dumped illegally, or dumped at sea.

4. List of materials to be recycled, reused or returned to manufacturer shall include, at

minimum, the following materials:

a. Cardboard, paper, packaging b. Clean dimensional wood, palette wood c. Beverage containers d. Land clearing debris e. Concrete f. Bricks g. Concrete Masonry Units (CMU) h. Asphalt i. Metals from banding, stud trim, ductwork, piping, rebar, roofing, other trim,

steel, iron, galvanized sheet steel, stainless steel, aluminum, copper, zinc, lead, brass, and bronze.

j. Drywall k. Carpet and pad l. Paint m. Asphalt roofing shingles n. Rigid Foam o. Glass p. Plastics q. Reusable items r. [list other items specific to project]

B. Waste Management Plan: Once the City has determined which of the recycling options addressed

in the draft Waste Management Plan are acceptable, the Contractor shall submit, within 10 calendar days, a Waste Management Plan. The Waste Management Plan shall contain the following:

.

1. Analysis of the proposed jobsite waste to be generated, including types, quantities, and when during the job each type will be generated. Include means and methods for collecting and separating each type of debris deemed reusable or recyclable.

2. Include a "good faith" estimate of each type of construction waste that would be

generated if no diversion methods were implemented. Submit with calculations based upon weight of each material The items noted in A.4 above are subject to the "good faith" estimate and diversion requirement.



3. Alternatives to Land Filling: A list of the waste materials from the Project that will be separated for reuse, salvage, or recycling.

4. Landfill Options: The name of the landfill(s) where trash will be disposed of, the

applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s).

5. Meetings: Contractor shall report status of Construction Waste Management at regular

meetings. Meetings shall include subcontractors affected by the Waste Management Plan. At a minimum, waste management goals and issues shall be discussed at the following meetings:

a. Pre-construction meeting b. Regular jobsite meetings

6. Materials Handling Procedures: A description of the means by which any waste materials

identified in paragraph 1.04-A.4 above, will be protected from contamination, and a description of the means to be employed in recycling the above materials consistent with requirements for acceptance by designated facilities.

7. Transportation: A description of the means of transportation of the recyclable materials

(whether materials will be site-separated and self-hauled to designated centers, or whether mixed materials will be collected by a waste hauler and removed from the site) and destination of materials. Provide an estimate of how often bins will need to be emptied.

8. Suppliers: A description of the means by which materials and equipment will be

delivered to the site. Provide an estimate of packaging materials generated and whether suppliers will eliminate or take back packaging.

9. Calculate quantities, and convert volume measurements to weights in accordance with the

defined Conversion Rate.

C. Waste Management Plan Implementation:

1. Maintain log of each load, of each category item diverted from landfill. Log in separately debris sent to a Class III landfill and materials sent to recycling facilities.

a. Include in log, type of load, load weight, name of hauling service; recycling service or landfill, and date accepted by recycling service or by landfill.

b. Owner reserves the right to audit the log at any time, retain and make available, all weight tickets, copies of receipts and invoices.

c. Units of measure: Use same units as stated in the approved plan "good faith" estimate of construction waste that would be generated if no remedial methods were implemented.

2. Material handling a. Separation facilities

1) Designate a specific on site area or areas to facilitate separation of materials for potential reuse, salvage, recycling, and return.

2) Keep waste bins and pile areas neat and clean. Clearly mark bins for each category of waste. Do not commingle non-recyclable waste with materials designated for reuse or recycling.

b. Environmental controls during handling, storage, or transport: Do not permit designated materials to become contaminated or to contaminate site or surrounding areas.



3. Training and coordination

a. Furnish copies of the Waste Management Plan to all on-site supervisors, each subcontractor, the Owner, and the Architect.

b. Instruction: Provide on-site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all entities at the appropriate stages of the Project.

4. Hazardous Wastes: Hazardous wastes shall be separated, stored, and disposed of according to

local regulations. 5. Application for Progress Payments: The Contractor shall submit with each Application for

Progress Payment a Summary of Waste Generated and Recycled by the Project. Failure to submit this information shall render the Application for Payment incomplete and shall delay Progress Payment. The Summary shall contain the following information:

a. The amount (in tons or cubic yards) of material landfilled from the Project, the

identity of the landfill, the total amount of tipping fees paid at the landfill, and the total disposal cost. Include manifests, weight tickets, receipt, and invoices.

b. For each material recycled, reused, or salvaged from the Project, include the

amount (in tons or cubic yards), the date removed from the jobsite, the receiving party, the transportation cost, the amount of any money paid or received for the recycled or salvaged material, and the net total cost or savings of salvage or recycling each material. Attach manifests, weight tickets, receipts, and/or invoices.

END OF SECTION




SECTION 01510

TEMPORARY FACILITIES PART 1 GENERAL 1.00 RELATED DOCUMENTS A. Special Conditions Document 00800 1.01 SUMMARY This section describes the temporary facilities required for the Project site. The Project site shall be maintained

by Contractor as set forth in this section unless otherwise added to or superseded by the requirements of Special Conditions Document 00800.

1.02 TEMPORARY FACILITIES A. Contractor shall obtain permits for, install and maintain in safe condition, whatever scaffolds, hoisting

equipment, barricades, walkways, or other temporary structures which may be required to accomplish the work on the Project. Such structures shall be adequate for the intended use and capable of safely accepting all loads that may be imposed upon them. They shall be installed and maintained in accordance with all applicable State and local codes and regulations.

B. Contractor shall provide and maintain temporary heat from an approved source whenever in the course of

the Work it may become necessary for curing and drying of materials, or to warm spaces as may be required for the installation of materials or finishes.

C. Contractor shall provide and maintain any and all facilities that may be required for dewatering in order

that work may proceed on the Project. If it is necessary for dewatering to occur continually, Contractor shall have on hand whatever spare parts or equipment that may be required to prevent interruption of dewatering.

D. Contractor shall provide and maintain all utility services necessary to perform the work under this

Contract that Contractor may need in addition to those services provided under Special Conditions Document 00800, Paragraphs 1.40 and 1.41.

E. Materials, tools, accessories, etc., shall be stored only where directed by City. Storage area shall be kept

neat and clean. Security of stored items shall be Contractor's responsibility. F. When flammable materials are stored on site, extra precautions, including clear identification, shall be the

responsibility of Contractor. G. Contractor shall maintain an office at the Project site that will be his headquarters for the Project. Any

communications delivered to this office shall be considered as delivered to Contractor. Location and size of office shall be such that it will adequately serve the needs of Contractor's superintendent and assistants in the performance of their duties.

H. Contractor shall promptly remove all such temporary facilities when they are no longer needed for the

work or for completion of the Project, mutually agreed upon by Contractor and City.

Temporary Facilities (10-01) 01510 - 1


1.03 SIGNS No signs may be displayed on or about the City's property (except those required by law) without the City's

specific approval; the size, content, and location to be as specified by the City. 1.04 USE OF ROADWAYS AND WALKWAYS

A. Contractor shall never block or interfere with use of any existing roadway, walkway or other facility for vehicular or pedestrian traffic, from any party entitled to use it. Wherever and whenever such interference becomes necessary for the proper and convenient performance of the Work, and no satisfactory detour route exists, Contractor shall, before beginning the interference, notify City and post signs at least 72 hours in advance of such interference, and provide a satisfactory detour, including temporary bridge if necessary, or other proper facility for traffic to pass around or over the interference. Contractor shall maintain the detour in a safe and satisfactory condition as long as the interference continues, all without extra payment unless otherwise expressly stipulated in the Specifications.

B. Contractor shall at all times comply with any and all requirements applying to the work under the

transportation, circulation and parking mitigation measures, truck and construction access plan and similar requirements applicable to the Project as set forth by City in Document 00800.


Temporary Facilities (10-01) 01510 - 2



SECTION 01560

NOISE CONTROL PART 1 GENERAL 1.01 NOISE CONTROL

A. Equipment which operates with noise levels in excess of 85 decibels measured on the A-weighted scale defined in ANSI S-1.4 at a distance of 100 feet from the equipment is prohibited.

B. All equipment and impact tools shall have mufflers to comply with specified noise control.

C. Use of unusually noisy equipment, such as jackhammers and roto-hammers is prohibited.

D. Exterior construction work is limited to the hours of 8 AM to 5 PM.

E. Cooperate with City if an ongoing construction activity becomes objectionable by its longevity, or by

overlapping into an activity started later by the City. It is understood and agreed that both parties shall cooperate so that neither will be unduly inconvenienced by this requirement.

F. Comply by requirements specified in the various sections.

1.02 DIRT AND DUST CONTROL

A. Conduct earthwork operations in a manner to prevent windblown dust and dirt from interfering with the progress of the work or the City's activities.

B. Prevent dust and dirt from accumulating on walks, roadways, parking areas, and from washing into sewer

and storm drain lines. 1.03 POLLUTION CONTROL

A. Burning of refuse, debris, or other materials will not be permitted on the site.

B. Comply with regulatory requirements and anti-pollution ordinances during the conduct of construction and disposal operations.

END OF SECTION

Noise Control (10-01) 01560 - 1



SECTION 01600

PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES

A. Transportation and Handling Requirements.

B. Storage and Protection.

C. System Completeness. 1.02 RELATED SECTIONS

A. Section 01060-Regulatory Requirements.

B. Section 01300-Shop Drawings, Product Data and Samples.

C. Section 01630-Substitutions and Products Options. 1.03 PRODUCTS

A. Product Selection: Provide products that comply with the Contract Documents, are undamaged and unused at installation.

B. Product Completeness: Provide products complete with all accessories, trim, finish, safety guards and

other devices and details needed for a complete installation and for the intended use and effect.

C. Products: Items purchased for incorporation in the work, whether purchased for the project or taken form previously purchased stock, and include materials, equipment, assemblies, fabrications and systems.

1. Named Products: Items identified by manufacturer's product name, including make or model

designations indicated in the manufacturer's published product data.

2. Materials: Products that are shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed or installed to form a part of the Work.

3. Equipment: A product with operating parts, whether motorized or manually operated, that requires

connections such as wiring or piping.

D. Specific Product Requirements: Refer to Divisions 2 through 16 for specific requirements for products.

E. Code Compliance: All products, other than commodity products prescribed by Code, shall have a current ICBO Research Report or CABO National Evaluation Report.

F. Minimum Requirements: Specified requirements are minimum requirements.

G. Interchangeability: To the fullest extent possible, provide products of the same kind from a single source.

Products required to be supplied in quantity shall be the same product and interchangeable throughout the Work. When options are specified for the selection of any of two or more products, the product selected

Product Requirements (10-01) 01600 - 1


shall be compatible with products previously selected.

H. Nameplates: Except for required labels and operating data, do not attach manufacturer's nameplates or trademarks on surfaces exposed to view in occupied spaces or on the exterior.

I. Equipment Nameplates: Provide a permanent nameplate on each item of service-connected or

power-operated equipment. Locate on an inconspicuous accessible surface. The nameplate shall contain the following information and essential operating data:

Name of product and manufacturer. Model and serial number. Capacity. Speed. Ratings. Other pertinent information.

J. Standard Products: Where available, provide standard products of types that have been produced and used

successfully in similar situations on other projects. 1.04 TRANSPORTATION, DELIVERY AND HANDLING

A. Transport products by methods to avoid product damage.

B. Schedule delivery to minimize long-term storage and prevent overcrowding construction spaces. Coordinate with installation to ensure minimum holding time for items that are flammable, hazardous easily damaged, or sensitive to deterioration, theft and other losses.

C. Deliver products in undamaged condition in manufacturer's original sealed container or packaging system,

complete with labels and instructions for handling, storing, unpacking, protecting and installing.

D. Provide equipment and personnel to handle products by methods to prevent soiling, marring or other damage.

E. Promptly inspect products on delivery to ensure that products comply with contract documents, quantities

are correct, and to ensure that products are undamaged and properly protected. 1.05 STORAGE AND PROTECTION

A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible.

B. Store products to facilitate inspection and measurement of quantity or counting of units.

C. Store heavy materials away from the structure in a manner that will not endanger supporting construction.

D. Store sensitive products in weathertight enclosures. Store products subject to damage by the elements above ground, under cover in a weathertight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions.

1. Maintain storage within temperature and humidity ranges required by manufacturer's instructions.

2. For exterior storage of fabricated products, place on sloped supports above ground.

3. Cover products subject to damage or deterioration with impervious sheet covering. Provide

ventilation to avoid condensation.



4. Store loose granular materials on solid surfaces in a well-drained area. Prevent mixing with foreign matter.

5. Arrange storage to provide access for inspection. Periodically inspect to assure products are

undamaged, and are maintained under required conditions.

E. Protection:

1. Provide barriers, substantial coverings and notices to protect install Work from traffic and subsequent construction operations.

2. Remove protective measures when no longer required and prior to Acceptance of the Work.

1.06 SYSTEM COMPLETENESS

A. The Contract Drawings and Specifications are not intended to be comprehensive directions on how to produce the Work. Rather, the Drawings and Specifications are instruments of service prepared to describe the design intent for the completed Work.

B. It is intended that equipment, systems and assemblies be complete and fully functional even though not

fully described. Provide all products and operations necessary to achieve the design intent described in the Contract Documents.

C. Contractor shall report to City immediately when elements essential to proper execution of the Work are

discovered to be missing or misdescribed in the Drawings and Specifications or if the design intent is unclear.

D. Should an essential be discovered as missing or misdescribed prior to receipt of bids or establishing

negotiated Contract Sum, an Addendum or Clarification will be issued so that all costs may be accounted in the Contract Sum.

E. Should an obvious omission or misdescription of a necessary element be discovered and reported after

execution of the Agreement, Contractor shall provide the element as though fully and correctly described and a no-cost Change Order will be issued.

2.00 - PRODUCTS. NOT USED 3.00 - EXECUTION 3.01 INSTALLATION OF PRODUCTS

A. Installation of Products:

1. Comply with manufacturer's instructions and recommendations for installation of products.

2. Anchor each product securely in place, accurately located and aligned with other Work. Clean exposed surfaces and protect to ensure freedom from damage and deterioration at time of Substantial Completion.

END OF SECTION




SECTION 01630

PRODUCT OPTIONS AND SUBSTITUTIONS PART 1 GENERAL 1.01 SUMMARY

A. Procedures are described for selecting products and requesting substitutions of unlisted materials in lieu of materials named in the specifications or approved for use in addenda.

B. Related Sections

1. Section 01035: Modification Procedures 2. Section 01300: Submittals

1.02 CONTRACTOR'S OPTIONS

A. For products specified only by reference standard: Select any product meeting that standard.

B. For products specified by naming one or more products or manufacturers:

1. Select products of any named manufacturer meeting specifications.

2. For any product or manufacturer which is not specifically named submit Request for Substitution (RFS).

1.03 SUBSTITUTIONS

A. Within a period of 35 days after Award of Contract, Project Manager and Architect/Engineer will consider RFS from Contractor. After that period, requests will be considered only when product becomes unavailable due to no fault of Contractor. Requests for review of proposed substitute items will not be accepted from anyone other than Contractor. The RFS will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the City for work on the Project).

B. Submit separate RFS (and four copies) for each product and support each request with:

1. Product identification

2. Manufacturer's literature

3. Samples, as applicable

4. Name and address of similar projects on which product has been used, and date of installation

5. Name, address and telephone number of manufacturer's representative or sales engineer

6. For construction methods:

Detailed description of proposed method.

Product Options and Substitutions (10-01) 01630 - 1


Drawings illustrating methods.

C. Where required, itemize a comparison of the proposed substitution with product specified and list significant variations, including but not limited to dimensions, weights, service requirements, and functional differences. If variation from product specified is not pointed out in submittal, variation will be rejected even though submittal was favorably reviewed.

D. State whether the substitute will require a change in any of the Contract documents (or provisions of any

other direct contract with the City for work on the Project) to adapt the design of the proposed substitute, and whether or not incorporation or use of the substitute in connection with Work is subject to payment of any license fee or royalty. Submit data relating to changes in construction schedule.

E. All variations of the proposed substitute from that specified will be identified in the RFS and available

maintenance, repair and replacement service will be indicated.

F. Include accurate cost data comparing proposed substitution with product and amount of net change in Contract price, including but not limited to, an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors effected by the resulting change, all of which will be considered by Project Manager and Architect/Engineer in evaluating the proposed substitute. Project Manager and Architect/Engineer may require Contractor to furnish additional data about the proposed substitute.

G. Substitutions will not be considered for acceptance when:

1. They will result in delay meeting construction milestones or completion dates.

2. They are indicated or implied on submittals without formal request from Contractor.

3. They are requested directly by subcontractor or supplier.

4. Acceptance will require substantial revision of Contract Documents.

5 They disrupt Contractor's job rhythm or ability to perform efficiently.

H. Substitute products shall not be ordered without written acceptance of Project Manager and

Architect/Engineer.

I. Project Manager and Architect/Engineer will determine acceptability of proposed substitutions and reserve right to reject proposals due to insufficient information.

J. Accepted substitutions will be evidenced by a change order or Supplemental Instruction. All Contract

requirements apply to Work involving substitutions. 1.04 CONTRACTOR'S REPRESENTATION AND WARRANTY

A. Requests constitute a representation and warranty that Contractor:

1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product

2. Will provide the same warranty for substitution as for specified product

3. Will coordinate installation and make other changes which may be required for Work to be

complete in all respects



4. Waives claims for additional costs which may subsequently become apparent

5. Will compensate the City for additional redesign costs associated with substitution

6. Will be responsible for Construction Schedule slippage due to substitution

7. Will be responsible for Construction Schedule delay due to late ordering of available specified products caused by requests for substitution which is subsequently rejected by Project Manager

8. Will compensate the City for all costs; including extra costs of Contract, extra cost to other

contractors, and any claims brought against the City, caused by late requests for substitutions or late ordering of products.

1.05 PROJECT MANAGER'S AND ARCHITECT/ENGINEER'S DUTIES

A. Review Contractor's RFS with reasonable promptness.

B. Notify Contractor in writing of decision to accept or reject requested substitution. 1.06 COST OF REVIEW

A. Project Manager and Architect/Engineer will record time required in evaluating substitutes proposed or submitted by Contractor. Whether or not Project Manager or Architect/Engineer accepts the substitute item so proposed or submitted by Contractor, Contractor shall reimburse the City for the charges of Architect/Engineer and Project Manager for evaluating each such proposed substitute item.

B. The City reserves the right to waive the requirement of paragraph A above.

1.07 ADMINISTRATIVE REQUIREMENTS

Specified products, materials, or systems for Project may include engineering or on-file standards required by governing regulatory agencies or other authorities with jurisdiction. Contractor's substitution of products, materials or systems may require either additional engineering, testing, reviews, approvals, assurances, or other information for compliance with Regulatory Agency requirements or both. Contractor shall provide all agency approvals or other additional information required and pay additional costs for required and pay additional costs for required Architect/Engineer's services made necessary by the substitution at no increase in Contract Sum or schedule time, and as a part of substitution proposal.

PART 2 PRODUCTS


Not applicable to this section. END OF SECTION




SECTION 01700

CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SUMMARY

This section describes contract closeout procedures including:

1. Removal of temporary construction facilities 2. Substantial completion 3. Final completion 4. Final cleaning 5. Project record documents 6. Material, equipment and finish data 7. Project guarantee 8. Warranties 9. Turn-in 10. Release of claims

1.02 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES

A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion Inspection.

B. Clean and repair damage caused by installation or use of temporary facilities. C. Restore permanent facilities used during construction to specified condition.

1.03 SUBSTANTIAL COMPLETION A. When Contractor considers the Work or a designated portion thereof as substantially complete, submit a

written notice, with a list of items to be completed or corrected. B. Within a reasonable time, the Project Manager will inspect to determine status of completion. C. Should the Project Manager determine that the Work is not substantially complete, the Project

Manager will promptly notify Contractor in writing, listing all defects and omissions. D. Remedy deficiencies and send a second written notice of substantial completion. The Project

Manager will reinspect the Work. If deficiencies previously noted are not corrected on reinspection, then Contractor shall pay the cost of the reinspection.

E. When the Project Manager determines that the Work is substantially complete, the Project Manager

will issue a Certificate of Substantial Completion. F. Manufactured units, equipment and systems which require startup must have been started up and

operated successfully for periods prescribed by Project Manager before a Certificate of Substantial

Contract Closeout (10-01) 01700 - 1


Completion will be issued. Start up period shall be a minimum of thirty (30) days of consecutive regular operations of the manufactured units, equipment and systems under operations similar to that to be encountered when the facility is utilized for the purposes intended.

1.04 FINAL COMPLETION

A. When Contractor considers the Work is complete, it shall submit a written certification that:

1. Contractor has inspected the Work for compliance with the Contract Documents.

2. The Work, except for Contractor maintenance after Final Acceptance, has been completed in accordance with the Contract Documents and all deficiencies listed in the Certificate of Substantial Completion have been corrected.

3. The Work is complete and ready for final inspection.

4. The requirements for Final Acceptance have been met.

B. In addition to Submittals required by conditions of the Contract, provide Submittals required by

governing authorities and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and the sum remaining due.

C. Upon Final Completion, the Project Manager may issue a final Change Order reflecting approved

adjustments to Contract Sum not previously made by Change Order. 1.05 FINAL CLEANING

A. Execute final cleaning prior to final inspection.

B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

1. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical

equipment operated during construction, clean ducts, blowers and coils of units operated without filters during construction.

2. Employ skilled workers for final cleaning.

C. Clean Site; mechanically sweep paved areas.

D. Remove waste and surplus materials, rubbish, and construction facilities from Site.

1.06 PROJECT GUARANTEE

A. Requirements for Contractor's guarantee of completed Work are included in Document 00700

General Conditions, Paragraph 9. Contractor shall guarantee the Work done under the Contract against failures, leaks or breaks or other unsatisfactory conditions due to defective equipment, materials or workmanship, and perform repair work or replacement required, at Contractor's sole expense, for a period of one (1) year from date of Final Acceptance, as required by Subparagraph 9.C.3 of Document 00700 General Conditions.

B. Neither recordation of notice of completion, final acceptance nor payment of final payment nor

provision of the Contract nor partial or entire use or occupancy of the premises by the City shall constitute acceptance of the Work not done in accordance with the Contract Documents nor relieve



Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

C. The City may make repairs to defective Work as set forth in Subparagraph 9.C.3 of Document

00700 General Conditions, if, within five (5) working days after mailing of written notice of defective work to Contractor or authorized agent, Contractor shall neglect to make or undertake with due diligence repairs; provided, however, that in case of leak or emergency where, in the opinion of the City, delay would cause hazard to health or serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay cost thereof.

D. If, after installation, operation or use of materials or equipment to be furnished under the Contract

proves to be unsatisfactory to the Project Manager, the City shall have the right to operate and use materials or equipment until it can, without damage to the City, be taken out of service for correction or replacement. The period of use of defective materials or equipment pending correction or replacement shall in no way decrease the guarantee period required for acceptable corrected or replaced items of materials or equipment.

E. Nothing in this Section shall be construed to limit, relieve or release Contractor's, Subcontractors'

and Subconsultants' and equipment suppliers' liability to the City for damages sustained as result of latent defects in equipment caused by their negligence or of their suppliers' agents, employees or subcontractors. Stated in another manner, warranty contained in the Contract Documents shall not amount to, nor shall it be deemed to be, a waiver by the City of any rights or remedies (or time limits in which to enforce such rights or remedies) it may have for defective design workmanship or defective materials under the laws of this State pertaining to acts of negligence.

1.07 WARRANTIES AND BONDS

A. Execute Contractor's Submittals and assemble documents executed by subcontractors, suppliers, and manufacturers.

1. Provide table of contents and assemble in 8-1/2 inch by 11 inch three-ring binder with

durable plastic cover. 2. Assemble in Specification Section order.

B. Submit material prior to final application for payment.

1. For equipment put into use with the City's permission during construction, submit within ten (10) working days after first operation.

2. For items of Work delayed materially beyond the Date of Substantial Completion, provide

updated submittal within ten (10) working days after acceptance, listing date of acceptance as start of warranty period.

C. Warranties are intended to protect the City against failure of the Work and against deficient,

defective and faulty design materials and workmanship, regardless of sources. D. Limitations: Warranties are not intended to cover failures which result from the following:

1. Unusual or abnormal phenomena of the elements 2. Vandalism after substantial completion 3. Insurrection or acts of aggression including war

E. Related Damages and Losses: Remove and replace all Work which is damaged as result of

defective Work, or which must be removed and replaced to provide access for correction of



defective or warranted Work. F. Warranty Reinstatement: After correction of warranted Work, reinstate warranty for corrected

Work to the date of original warranty expiration or to a date not less than one (1) year after corrected Work was done, whichever is later.

G. Replacement Cost: Replace or restore failing warranted items without regard to anticipated useful

service lives. H. Warranty Forms: Submit drafts to the Project Manager for approval prior to execution. Forms shall

not detract from or confuse requirements or interpretations of Contract Documents.

1. Warranty shall be issued by manufacturers.

2. Where specified, warranty shall be countersigned by subcontractors, suppliers and installers.

I. Rejection of Warranties: The City reserves the right to reject unsolicited and coincidental product warranties which detract from or confuse requirements or interpretations of the Contract Documents.

J. Term of Warranties: For materials, equipment, systems and workmanship warranty period shall be

one (1) year minimum from date of Final Acceptance of entire Work except where:

1. Detailed specifications for certain materials, equipment or systems require longer warranty periods.

2. Materials, equipment or systems are put into beneficial use by the City prior to Substantial

Completion as agreed to in writing by the Project Manager.

K. Warranty of Title: No material, supplies, or equipment for the Work under the Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all the Work to deliver the premises, together with improvements and appurtenances constructed or placed thereon by Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by the Contract shall have right to lien upon premises or improvement or appurtenances thereon. Nothing contained in this Subparagraph, however, shall defeat or impair the right of persons furnishing materials or labor under bond given by Contractor for their protection or any rights under law permitting persons to look to funds due Contractor in the hands of the City.

1.07 TURN-IN

The Contract will not be closed out and final payment will not be made until all personnel Identification Media, vehicle permits and keys issued to Contractor during prosecution of the Work are turned in to the City.

1.08 RELEASE OF CLAIMS

The Contract will not be closed out and final payment will not be made until Document 00530 Agreement and Release of Any and All Claims, is completed and executed by Contractor and the City.

1.09 FIRE INSPECTION COORDINATION



Contractor shall coordinate fire inspection and secure sufficient notice to the City to permit convenient scheduling.

PART 2 PRODUCTS Not applicable to this section. PART 3 EXECUTION Not applicable to this section.

END OF SECTION




SECTION 01710

PROJECT CLEANING PART 1 GENERAL 1.01 SUMMARY

A. Maintain Project Site, surrounding areas and public properties free from accumulations of waste, debris, and rubbish, caused by operations.

B. At completion of Work, remove waste materials, rubbish, tools, equipment, machinery and surplus

materials, and clean all sight-exposed surfaces; leave Project Site clean and ready for occupancy. 1.02 GENERAL

A. Conduct cleaning and disposal operation in accord with legal requirements.

1. Do not burn or bury rubbish and waste materials on Project Site.

2. Do not dispose of volatile wastes in storm or sanitary drains.

B. Hazards control:

1. Store volatile wastes in covered metal containers, and remove from premises daily.

2. Prevent accumulation of wastes which create hazardous conditions.

3. Provide adequate ventilation during use of volatile or noxious substances. Ventilation shall be other than hospital ventilation system.

Note: Care shall be taken that discharge of volatile or noxious exhaust shall be shielded from air intakes of hospital mechanical systems.

1.03 MATERIALS

A. Use only cleaning materials recommended by manufacturer of surface to be cleaned.

B. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. 1.04 DUST CONTROL

A. Clean interior spaces prior to start of finish painting, and continue cleaning as required until painting is

completed.

B. Schedule operations to prevent dust and other resulting from cleaning operations from adhering to wet or newly-coated surfaces.

1.05 DURING CONSTRUCTION

A. Execute cleaning daily to ensure Project Site, City's premises, adjacent and public properties are maintained free from accumulations of waste materials and rubbish.

Project Cleaning (10-01) 01710 - 1


B. Wet down dry materials and rubbish to control dust.

C. At reasonable intervals during progress of Work, clean Project Site and public properties, and dispose

of waste materials, debris and rubbish.

D. Provide on Project Site dump containers for collection of waste materials, debris and rubbish. Hospital waste containers shall not be used for construction waste.

E. Remove waste materials, debris and rubbish from City's premises and legally dispose of off City's

property.

F. Vacuum clean interior areas when ready to receive finish painting, and continue vacuum cleaning on an as-needed basis until building is ready for substantial completion or occupancy.

G. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw

materials.

H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces.

1.06 FINAL CLEANING

A. Employ experienced workers, or professional cleaners for final cleaning.

B. In preparation for Substantial Completion or occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of accessible concealed spaces.

C. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed

finished surfaces; polish surfaces so designated to shine finish.

D. Repair, patch and touch up marred surfaces to specified finish, and to match adjacent surfaces.

E. Broom clean paved surfaces.

F. Keep Project clean until it is occupied by the City.

G. Clean equipment and fixtures to a sanitary condition.

H. Clean or replace, if required, filters of operating equipment.

I. Clean Debris from roofs, gutters, downspouts and drainage systems. END OF SECTION

Project Cleaning (10-01) 01710 - 2



SECTION 01720

PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SUMMARY

A. This section specifies administrative and procedural requirements for Project Record Documents.

B. Project Record Documents required include:

1. Marked-up copies of Contract Drawings 2. Marked-up copies of Shop Drawings 3. Newly prepared Drawings 4. Marked-up copies of Specifications, Addenda and Change Orders 5. Marked-up Project Data submittals 6. Record Samples 7. Field records for variable and concealed conditions 8. Record information on Work that is recorded only schematically

C. Specific Project Record Documents requirements that expand requirements of this Section are included in

the individual Sections of Divisions 2 through 16. D. General Project closeout requirements are included in Section 01700, "Project Closeout."

E. Maintenance of Documents and Samples:

1. Store Project Record Documents and samples in the field office apart from Contract Documents

used for construction.

2. Do not permit Project Record Documents to be used for construction purposes.

3. Maintain Project Record Documents in good order, and in a clean, dry, legible condition.

4. Make documents and samples available at all times for inspection by Architect and Project Manager.

F. City will provide one set of sepias and one blueline set of the construction drawings and one project

manual for the Contractor's use and copying during construction. 1.02 PROJECT RECORD DRAWINGS

A. Mark-up Procedure: During the construction period, maintain a set of blueline or blackline prints of Contract Drawings and Shop Drawings for Project Record Document purposes. Label each document (on first sheet or page) "PROJECT RECORD" in 2 in. high printed letters. Keep record documents current. Note: A reference by number to a Change Order, RFI, RFQ, Field Order or other such document is not acceptable as sufficient record information on any record document. Do not permanently conceal any Work until required information has been recorded.

Project Record Documents (10-01) 01720 - 1


1. Mark these Drawings to indicate the actual installation where the installation varies appreciably from the installation shown originally. Give particular attention to information on concealed elements which would be difficult to identify or measure and record later. Items required to be marked include but are not limited to:

a. Dimensional changes to the Drawings b. Revisions to details shown on the Drawings c. Depths of various elements of foundation in relation to main floor level or survey datum. d. Horizontal and vertical location of underground utilities and appurtenances referenced to

permanent surface improvements. e. Location of internal utilities and appurtenances concealed in construction referenced to

visible and accessible features of structure. f. Establish locations of underground work, points of connection with existing utilities, changes

in direction, valves, manholes, catch basins, capped stubouts, invert elevations, and similar items.

g. Provide actual numbering of each electrical circuit. h. Field changes of dimension and detail. i. Revisions to routing of piping and conduits j. Revisions to electrical circuitry k. Actual equipment locations l. Duct size and routing m. Changes made by Change Order n. Details not on original Contract Drawings

2. Mark completely and accurately Project Record Drawing prints of Contract Drawings or Shop

Drawings, whichever is the most capable of showing actual physical conditions. Where Shop Drawings are marked, show cross-reference on Contract Drawings location.

3. Mark Project Record Drawing sets with red erasable colored pencil; use other colors to distinguish

between changes for different categories of the Work at the same location.

4. Mark important additional information which was either shown schematically or omitted from original Drawings.

5. Note construction change directive numbers; alternate numbers; Change Order numbers and similar

identification.

6. Responsibility for Mark-up: Where feasible, the individual or entity who obtained Project Record Drawing data, whether the individual or entity is the installer, subcontractor, or similar entity, is required to prepare the mark-up on Project Record Drawings.

a. Accurately record information in an understandable and legible drawing technique.

b. Record data as soon as possible after it has been obtained. In the case of concealed

installations, record and check the mark-up prior to concealment.

B. Preparation of Transparencies: Immediately prior to inspection for Certification of Substantial Completion, review completed marked-up Project Record Drawings with the Project Manager]. When authorized, prepare a full set of correct transparencies of Contract Drawings and Shop Drawings.

1. Incorporate changes and additional information previously marked on print sets. Erase, redraw, and

add details and notations where applicable. Identify and date each Drawing; include the printed designation "PROJECT RECORD DRAWINGS" in a prominent location on each Drawing.

2. Refer instances of uncertainty to the Project Manager for resolution.



3. Review of Transparencies: Before copying and distributing, submit corrected transparencies and

the original marked-up prints to the Project Manager and Architect/Engineer for review.

a. Transparencies and the original marked-up prints will be returned to the Contractor for organizing into sets, printing, binding, and final submittal.

4. Copies and Distribution: After completing the preparation of transparency Project Record

Drawings, print three blue-line or black-line prints of each Drawing, whether or not changes and additional information were recorded. Organize the copies into manageable sets. Bind each set with durable paper cover sheets, with appropriate identification, including titles, dates and other information on cover sheets.

1. Organize and bind original marked-up set of prints that were maintained during the

construction period in the same manner.

2. Organize Project Record Drawings transparencies into sets matching the print sets. Place these sets in durable tube-type drawing containers with end caps. Mark the end cap of each container with suitable identification.

C. DISTRIBUTION OF MARKED-UP DRAWINGS AND TRANSPARENCIES

Submit the marked-up Project Record Drawings set, transparencies, and five copy sets to the Project Manager for City's records.

D. Shop Drawings and Samples: Maintain as record documents; legibly annotate Shop Drawings and Samples

to record changes made after review.

E. In addition to requirements of this Section, comply with supplemental requirements of Divisions 15 and 16.

1. Division 15 and 16 of the specifications require the preparation of large scale, detailed Layout Drawings of the work of those divisions. These Layout Drawings are not shop drawings as defined by the General Conditions, but together with shop drawing or Layout Drawings of all other affected sections are used check, coordinate and integrate the work of the various sections

2. Include these Layout Drawings as part of the As Built Documents.

F. Delete Architect/Engineer title block and seal from documents.

G. As-Built Documents are subject to review and acceptance by the City and Architect/Engineer.

H. Submit documents to Project Manager with final Application for payment.

1.03 PROJECT RECORD SPECIFICATIONS

During the construction period, maintain one copy of the Project Specifications, including addenda and modifications issued, for Project Record Document purposes.

1. Mark the Project Record Specifications to indicate the actual installation where the installation varies

substantially from that indicated in Specifications and Modifications issued. Note related Project Record Drawing information, where applicable. Give particular attention to substitutions, selection of product options, change order work, and information on concealed installation that would be difficult to identify or measure and record later.

a. In each Specification Section where products, materials or units of equipment are specified or



scheduled, mark the copy with the proprietary name and model number of the product furnished.

b. Record the name of the manufacturer, catalog number, supplier and installer, and other information necessary to provide a record of selections made and to document coordination with Project Record Product Data submittals and maintenance manuals.

c. Note related Project Record Product Data, where applicable, for each principal product specified,

indicate whether Project Record Product Data has been submitted in maintenance manual instead of submitted as Project Record Product Data.

2. Upon completion of mark-up, submit Project Record Specifications to the Project Manager for City's

records. 1.04 PROJECT RECORD PRODUCT DATA

A. During the construction period, maintain one copy of each Project Record Product Data submittal for Project Record Document purposes.

1. Mark Project Record Product Data to indicate the actual product installation where the installation

varies substantially from that indicated in Project Record Product Data submitted. Include significant changes in the product delivered to the site, and changes in manufacturer's instructions and recommendations for installation.

2. Give particular attention to information on concealed products and installations that cannot be

readily identified and recorded later.

3. Note related Change Orders and mark-up of Project Record Drawings, where applicable.

4. Upon completion of mark-up, submit a complete set of Project Record Product Data to the Project Manager for City's records.

5. Where Project Record Product Data is required as part of maintenance manuals, submit marked-up

Project Record Product Data as an insert in the manual, instead of submittal as Project Record Product Data.

6. Each prime Contractor is responsible for mark-up and submittal of record Project Record Product

Data for its own Work.

B. MATERIAL, EQUIPMENT AND FINISH DATA

1. Provide data for primary materials, equipment and finishes as required under each specification section.

2. Submit two sets prior to final inspection, bound in 8-1/2 inches by 11 inches three-ring binders with

durable plastic covers; provide typewritten table of contents for each volume.

3. Arrange by Specification division and give names, addresses, and telephone numbers of subcontractors and suppliers. List:

a. Trade names. b. Model or type numbers. c. Assembly diagrams. d. Operating instructions. e. Cleaning instructions. f. Maintenance instructions.



g. Recommended spare parts. h. Product data.

1.05 MISCELLANEOUS PROJECT RECORD SUBMITTALS

Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in connection with various construction activities. Immediately prior to Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for use and reference. Submit to the Project Manager for City's records. Categories of requirements resulting in miscellaneous records include, but are not limited to the following:

a. Field records on excavations and foundations b. Field records on underground construction and similar work c. Survey showing locations and elevations of underground lines d. Invert elevations of drainage piping e. Surveys establishing building lines and levels f. Authorized measurements utilizing unit prices or allowances g. Records of plant treatment h. Ambient and substrate condition tests i. Certifications received in lieu of labels on bulk products j. Batch mixing and bulk delivery records k. Testing and qualification of tradespersons l. Documented qualification of installation firms m. Load and performance testing n. Inspections and certifications by governing authorities o. Leakage and water-penetration tests p. Fire resistance and flame spread test results q. Final inspection and correction procedures

PART 2 PRODUCTS Not applicable to this section. PART 3 EXECUTION 3.01 RECORDING

Post changes and modifications to the Documents as they occur. Do not wait until the end of the Project. City may review Project Record Documents prior to each progress payment to see that the required information is being properly and faithfully recorded to assure compliance with this requirement. If Contractor has not complied with this requirement, the progress payment will be withheld until the Record Documents have been brought up to date.

3.02 SUBMITTAL

A. At completion of Project, deliver Record Documents to Project Manager.



B. Accompany submittal with transmittal letter containing:

Date Project title and number Contractor's name and address Number and title of each record documents Certification that each document as submitted is complete and accurate, and signature of Contractor, or his authorized representative.

END OF SECTION




SECTION 01732

CUTTING AND PATCHING


A. Contractor shall be responsible for all cutting, fitting, and patching required to complete the work and to: 1. Make its several parts fit together properly, 2. Uncover portions of the work to provide for installation of ill-timed work, 3. Remove and replace defective work, 4. Remove and replace work not conforming to requirements of Contract Documents, 5. Provide routine penetrations of nonstructural surfaces for installation of electrical

conduit, plumbing, and ductwork, 6. Remove Samples of installed work as specified for testing.

1.02 SUBMITTALS

A. Submit a written request to Architect/Engineer well in advance of executing any cutting or alteration that affects the following and is not specifically indicated on the Drawings as part of the Scope of Work: 1. Work of the City or any separate contractor, 2. The structural value or integrity of any element of the completed building, 3. The integrity or effectiveness of weather-exposed or moisture-resistant elements or

systems, 4. The efficiency, operational life, maintenance, and safety of operational elements, 5. The visual qualities of sight-exposed elements.

B. The request shall include:

1. The necessity for cutting or alteration, 2. The effect on the work of the City or any separate contractor or on the structural or

weatherproof integrity of the building, 3. Description of the Proposed Work:

a. The scope of cutting, patching, alteration , or excavation, b. The trades who will execute the work, c. The products proposed to be used, d. The extent of refinishing to be done.

4. Alternatives to cutting and patching, 5. Cost proposal, when applicable, 6. Written permission of any separate contractor whose work will be affected.

C. Should conditions of the work or the schedule indicate a change of products from the original

installation, submit a request for substitution as specified in Section 01630, “Product Operations and Substitutions.”

D. Submit a written notice to Architect/Engineer designating the date and the time the work will be

performed. PART 2 PRODUCTS 2.01 MATERIALS

Cutting and Patching (10-01) 01732 - 1


A. Comply with specifications and standards for each specific product involved. PART 3 EXECUTION 3.01 EXAMINATION

A. Examine existing conditions of the Project, including elements subject to damage or to movement during cutting and patching.

B. After uncovering work, examine the conditions affecting the installation of products or

performance of the Work.

C. Report unsatisfactory or questionable conditions to the Project Manager in writing. Do not proceed with the work until the Project Manager has provided further instructions.

3.02 PREPARATION

A. Provide adequate temporary support as necessary to assure the structural value or integrity of the affected portion of the work.

B. Provide devices and methods to protect other portions of the Project from damage.

C. Provide protection from the elements for that portion of the Project that may be exposed by cutting

and patching work. 3.03 PERFORMANCE

A. Execute cutting and demolition by methods that will prevent damage to other work and will provide proper surfaces to receive installation of repairs.

B. Execute fitting and adjustment of products to provide a finished installation to comply with

specified products, functions, tolerances, and finishes.

C. All plumbing, mechanical, and electrical system elements shall be concealed, unless indicated otherwise.

D. Restore work which has been cut or removed; install new products to provide completed work in

accordance with requirements of Contract Documents.

E. Fit work airtight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

F. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes.

1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish the entire unit.

END OF SECTION

Cutting and Patching (10-01) 01732 - 2



SECTION 01733

TRAFFIC CONTROL

Contractor shall provide traffic control within the work zone throughout the project as needed for the

various traffic situations and street configurations in full conformance with the "California Manual on Uniform Traffic Control Devices 2012 ((Federal Highway Administration (FHWA) Manual of Uniform Traffic Control Devices (MUTCD) latest edition (2012), as amended for use in California)" herein after referred to as Traffic Control Manual. The Traffic Control Manual may be obtained online at http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/ca_mutcd2012.htm.

Construction area signs shall be furnished, installed, maintained and removed by the Contractor when no

longer required. Extensive traffic signage, e.g., warning signs and detour signs, may be required for this project. Contractor shall be responsible for placing all barricades for perimeter street closures as required. Per Section 501.10 – Traffic Control of the General Provisions, at main entry and exit points of each work location, the Contractor shall provide a 30" x 30" sign advising the public of the anticipated period of time that traffic delays may be anticipated. This sign will also include name and telephone number of the Contractor along with starting and completion dates of the contract. Sign will be erected 7 days in advance of any work.

Placement of traffic control on San Pablo Avenue (State Route 123) or Ashby Avenue (State Route

13) will require an encroachment permit from the State of California. Contractor shall apply and pay for such permit from the State of California, the cost of which shall be included in the cost bid for this item. Contractor shall be responsible for providing traffic control plan for encroachment permit to and obtaining approval of said traffic control plan from State of California. Contractor shall be responsible for all notification of work to, application for and obtaining work authorization number from State of California. Any damages arising from work related to encroachment permit shall be the responsibility of the Contractor.

The Contractor shall be responsible for posting "No Parking" signs a minimum of four days in advance of

concrete work, paving operations, failed area, and planing work so as to comply with the City’s construction notification requirement of 72 hours. Cones shall not be used as barricades. "No Parking" signs may be obtained from the City at no cost to the Contractor. The "No Parking" signs shall be updated as necessary. The Contractor shall check and maintain (e.g., re-install missing signs, reposition displaced barricades, etc.) postings on a regular basis prior to start of work.

If traffic is to be detoured over a centerline or detoured in advance of the work, detour plans must be

submitted to and approved by the Engineer prior to starting work. Police, Fire and Public Works Department shall be notified at least two days in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. Intersection closure may only occur if the two adjacent intersections remain open, unless otherwise approved by the Engineer. The Contractor shall coordinate his traffic control/diversion plan with City personnel, a minimum of 3 weeks prior to starting work, to assure that traffic is diverted in a safe and convenient manner.

Truck routes shall be approved by the City’s Traffic Engineer prior to start of work. Truck traffic

is not allowed on Marin Avenue within the City of Albany. Personal vehicles of the Contractor's employees shall not be parked within the area of work. A minimum of one (paved) traffic lane, not less than 12 ft. wide, shall remain open for use by public traffic

during construction operations. When construction operations are not actively in progress, not less than two such lanes shall be open to public traffic. The Contractor may be allowed to close residential streets if

Traffic Control (10-01) 01733 - 1


approved in writing in advance by the Engineer. No work that interferes with public traffic shall be performed between 6:00 p.m. and 7:00 a.m.

Start of work shall be no earlier than 7:30 a.m. No work process, including starting, warm up, and delivery

of equipment, shall be done outside of work hours. The use of vehicle horns to alert residents to move their vehicles out of the construction zone is not permitted. The Contractor should attempt to locate vehicle owners by knocking on doors.

The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and

designated legal holidays, and when construction operations are not actively in progress, unless specified otherwise.

Minor deviations from the requirements of this section concerning hours of work may be permitted upon

the written request of the Contractor if in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer provides written approval.

The traffic control system shall consist of closing traffic lanes in accordance with the Traffic Control

Manual. Signs and other devices for the traffic control system shall conform to the Traffic Control Manual.

If any component in the traffic control system is damaged, displaced or ceases to operate or function as

specified, from any cause during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

Lane closures may be made for work periods only. At the end of each work period, all components of the

traffic control system shall be removed from the traveled way, shoulder and auxiliary lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the Engineer within the limits of the public right-of-way.

Sufficient barricades and flashing lights shall also placed to supplement all traffic signs used to divert and

control traffic. Signs and barricades shall be checked periodically every day and replaced or repaired as necessary. Any hazardous conditions shall be immediately eliminated.

The Contractor, at the end of each day, shall provide pedestrian and vehicle crossings at all street

intersections. If the project is left open overnight, it shall be graded in such a way that pedestrians and vehicles can safely pass through the project. Temporary concrete, asphalt, or wood ramps shall be installed and maintained at all locations where existing ramps have been temporarily removed.

In accordance with Section 1603.1 of the Detail Specification, where a tack coat has been spread,

pedestrian crossing areas shall be covered with sand so that the asphalt does not adhere to shoes. No vehicular traffic shall be allowed on a tack coat. Cleanliness is extremely important. Dust producing conditions shall be eliminated as soon as they are

created. If Contractor violates any of these provisions, a fine of $1,000 will be assessed for the first violation,

$5,000 for the second and $10,000 for the third and further subsequent violations.

ACCESS AND EGRESS

The Contractor shall endeavor to cooperate with all business owners and residents occupying properties fronting on the streets in the matter of access and egress. Contractor shall maintain a clear and accessible pedestrian corridor.



Where a business property has more than two vehicular paths of access, one path, 10 feet in width, shall

remain open during all business hours, unless excepted by the Engineer. LANE CLOSURES No lane closures shall be permitted on the following streets Monday through Friday between 7:00 A.M. – 9:00 A.M. and 4:00 P.M. – 6:00 P.M., and Saturdays between 10:00 A.M. – 2:00 P.M., unless approved in advance by the City Traffic Engineer if it can be explained why such closure cannot reasonably be avoided. On Saturdays when UC football games are scheduled all construction-related lane closures along these corridors must be reopened at least 4 hours before the start of the game. Major Streets:

• University Avenue • San Pablo Avenue • Shattuck Avenue • Telegraph Avenue • Sacramento Street • Martin Luther King Jr. Way • Ashby Avenue • College Avenue • Gilman Avenue • Adeline Street

Notwithstanding the above, the Traffic Engineer reserves the right to review and comment on each individual traffic control plan based on its own merits. Note: Routine maintenance, inconvenience to construction method or schedule, or adverse impacts on cost of work will generally not be accepted as grounds for exceptions.

END OF SECTION
