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BID PROPOSAL & CONTRACT
SPECIFICATIONS
FOR THE
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE
STREET IMPROVEMENT PROJECT
IN THE CITY OF PERRIS
Bid Date: January 14, 2015 @ 2:00 PM at THE CITY OF PERRIS
Owner, Contract Administrator
IDI Gazeley
Brookfield Logistics Properties
26632 Towne Center Drive, Suite 320
Foothill Ranch, CA 92610
Agency/ Bid Advertisement
City of Perris
101 North “D” Street
Perris, CA 92570
Prepared By
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
December 10, 2014
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TABLE OF CONTENTS
TITLES
PAGE
NOTICE OF BIDS .................................................................................................... -1INFORMATION FOR BIDDERS................................................................................ -2BID FORM.............................................................................................................. -7BID BOND ............................................................................................................ -16NOTICE OF AWARD ............................................................................................. -27CONTRACT .......................................................................................................... -29NOTICE TO PROCEED .......................................................................................... -50CHANGE ORDER .................................................................................................. -53CERTIFICATE OF SUBSTANTIAL COMPLETION..................................................... -55RELEASE FORM.................................................................................................... -57-
GENERAL PROVISIONS
1 – SECTION 2-3, “SUBCONTRACTORS”............................................................... - 58 2 – SECTION 3-4, “CHANGED CONDITIONS” ....................................................... - 58 3 – SECTION 4-1.1, “GENERAL”............................................................................ - 59 4 – SECTION 6-9, “LIQUIDATED DAMAGES”........................................................ - 59 5 – SECTION 7-2.2 “LAWS”................................................................................... - 60 6 – SECTION 7-3, “LIABILITY INSURANCE” ........................................................... - 62 7 – SECTION 7-4, “WORKERS’ COMPENSATION INSURANCE” ..........................- 64 8 - SECTION 7-10.4.1, “SAFETY ORDERS”..............................................................- 65 9 – SECTION 7-13, “LAWS TO BE OBSERVED” ..................................................... - 65 10 – SECTION 9-3, “PAYMENT”............................................................................. -66 11 – SECTION 10, “OTHER PROVISIONS”............................................................. - 66 12 – SECTION 11, “ENVIRONMENTAL PROVISIONS ............................................ - 68 STANDARD PROVISIONS
PART I - STANDARD CONDITIONS....................................................................... - 70 PART II - STANDARD CONSTRUCTION DETAILS ................................................. - 85 PART III – AWARD AND EXECUTION OF CONTRACT........................................... - 92 SPECIAL SPECIFICATIONS
PART IV – CONSTRUCTION – MATERIALS, METHODS, SPECIFICATIONS AND
PAYMENT REQUIREMENTS.................................................................................. - 93
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NOTICE INVITING SEALED PROPOSALS (BIDS)
PUBLIC NOTICE
SECTION 1 – NOTICE OF BIDS
The CITY OF PERRIS will receive sealed proposals (bids) in the City Clerk’s office, 101 North “D”
Street, Perris, CA 92570, until 2:00 p.m. on January 14, 2015 for the Harley Knox Boulevard and
Redlands Avenue Street Improvement Project, in the City of Perris, consisting of furnishing all
labor, technical and professional services, supervision, materials and equipment, and performing
all operations necessary and required in conformity with the requirements in the specifications
and plans.
The Contract Documents and additional information for bidders may be examined at the following
locations:
City Engineer
170 Wilkerson Ave.
Suite D
Perris, CA 92570
Construction Bid Board
11622 El Camino Real
Suite 100
San Diego, CA 92130
City Clerk
101 North D Street
Perris, CA 92570
AGC Plan Room
4355 Ruffin Road
Suite 103
San Diego, CA 92123
McGraw Hill Dodge
8755 Flower Rd,
Ste A
Rancho Cucamonga, CA 91730
San Diego: ISqFt. Plan Rm
1065 University Ave.
San Diego, CA 92103
www.isqft.com
The plans and specifications (contract documents) will be provided on a CD. No hard copies will be
provided. The contract documents CD may be obtained at the office of the Design Engineer, Albert A.
Webb Associates, 3788 McCray Street, Riverside, CA 92506. There will be a $50.00 non-refundable
payment for each CD, and an additional charge of twenty-five dollars ($25.00) to cover handling, and cost
of postage for each set of Contract Documents mailed. All requests for the Contract Documents must be
accompanied by check or money order (no cash will be accepted). Check should be made payable to the
Albert A. Webb Associates. All addendums will be emailed to the contact person provided by the
Contractor.
The Owner and the City reserves the right to reject any and all bids and waive any formality in the bidding.
All contractors will be required to comply with all applicable Equal Opportunity laws and regulations.
All Bidders will be required to hold their original bid prices, without change, for a period of forty-five (45)
days from the date bids are opened, except to the extent relief is available pursuant to Public Contract
Code, Section 5100 et. seq.
MINIMUM AND PREVAILING WAGES: Notice is hereby given that the Contractor must comply with the
State’s latest established wage decision.
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SECTION 2 - INFORMATION FOR BIDDERS
1.
Bids will be received by the CITY OF PERRIS, City Clerk, herein called the “Agency”, at 101 North
“D” Street, Perris, CA 92570 until 2:00 p.m. on January 14, 2015 and will publicly opened and read
aloud.
2.
Each Bid must be submitted in a sealed envelope, addressed to the City Clerk, 101 North “D”
Street, Perris, CA 92570. Each sealed envelope containing a Bid must be plainly marked on the outside
as Harley Knox Boulevard and Redland Avenue Street Improvement Project. The envelope shall bear
on the outside the name of the Bidder and his address. If forwarded by mail, the sealed envelope
containing the Bid must be enclosed in another envelope addressed to the Agency at the abovereferenced address.
3.
All Bids must be made on the required Bid Form, an unbound copy of which is provided herein for
that purpose. All blank spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form
must be fully completed and executed when submitted. Only one copy of the Bid form is required.
4.
Each Bid must be accompanied by a Bid Bond (on the required form) payable to the Owner and
Agency for ten (10) percent of the total amount of the Bid. As soon as the Bid prices have been
compared, the Owner and the Agency will return the Bonds of all except the three lowest responsible
Bidders. When the Contract is executed, the bonds of the two remaining unsuccessful Bidders will be
returned. The Bid Bond of the successful Bidder will be retained until all Contract Documents have
been executed and approved, after which it will be returned. A cashier’s check or cash may be used in
lieu of a Bid Bond.
5.
The Owner and the Agency may waive informalities, irregularities or defects or reject any and all
Bids. Any Bid may be withdrawn by written request prior to the above-scheduled time for the opening
of Bids or authorized postponement thereof with right of resubmitting. The request for withdrawal
shall be executed in writing by the Bidder or his duly authorized representative. Any Bid received after
the bid time shall not be considered.
6.
Bidders must satisfy themselves of the character of the Work to be performed by Examination of
the site and review of the Drawings and Specifications, including Addenda, if any. After Bids have
been submitted, the Bidder shall not assert that there was a misunderstanding concerning the nature
of the Work to be done.
7.
The Contract Documents contain the provisions required for the construction of the Project.
Information obtained from an officer, agent, or employee of the Agency or any other person shall not
affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the
conditions of the Contract.
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8.
Bonds and Insurance Certificates must be in the form required by the Owner and Agency and
(substitutions may be permitted at the Owner and Agency’s discretion). The Bond Company must be
authorized to do business in the State of California. The Certificate of Insurance supplied to Owner
shall name the City of Perris, its officers, Tri-Lake Consultants, employees, agents, agency, consultants,
and independent contractors as additional insured and shall specify that the Owner and City of Perris
be given thirty (30) days prior written notice of modification, decrease or termination of Contractor’s
insurance coverage. Such insurance shall be subject to approval by the City Attorney.
9.
The Contractor will be required to submit a certificate of insurance which indemnifies the Owner
and the Agency for any damage to any of the work resulting from fire, explosion, vandalism, water,
malicious mischief, collapse, riot, aircraft, smoke, or any acts of God.
10.
A Payment Bond and a Contract Performance Bond (on the required form), each in the amount of
one hundred percent (100%) of the Contract Price, with a corporate surety approved by the Owner
and the Agency, will be required for the faithful performance of the Contract. The Contractor shall
provide payment and a contract performance bond in the name of the City of Perris (The Agency) and
IDI Gazeley Brookfield Logistics Properties (Owner) as co-beneficiary.
11.
Progress Payments will be made to the Contractor in accordance with the provisions of the
Specifications and on itemized estimates duly certified and approved by the Owner submitted in
accordance therewith, based on labor and materials incorporated into said work during the preceding
month by the Contractor.
12.
Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Contract Performance Bonds must file
with each Bond a certified and effective dated copy of their power of attorney.
13.
The party to whom the Contract is awarded will be required to execute the Contract and submit
the Payment Bond, Contract Performance Bond, and Insurance Certificates on the required forms
within five (5) calendar days from the date of the Notice of Award.
14.
Pursuant to Government Code §4590, the Contractor may substitute equivalent securities for
retention amounts, which this Contract requires. However, the Agency reserves the right to solely
determine the adequacy of the securities being proposed by the Contractor and the value of those
securities.
15.
The Notice of Award shall be accompanied by the necessary Contract, Bond, and insurance
Certificate forms. In case of failure of the Bidder to execute the Contract, the Agency may, at his
option, consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall
become the property of the Agency and Owner. Forfeiture of the bid bond, or any deposit in lieu
thereof, does not preclude the Agency and Owner from seeking all other remedies provided by law to
recover losses sustained as a result of the Contractor’s failure to execute a written contract to perform
the work at his bid price.
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16.
The Owner and the Agency, within ten (10) days of receipt of acceptable Labor and Material
Payment Bond, Contract Performance Bond, Insurance Certificates, and Contract signed by the party
to whom the Contract was awarded, shall sign the Contract and return to such party an executed
duplicate of the Contract.
17.
The Owner will award the contract to the lowest responsible bidder (all schedules) by January 21,
2015. Notice to Proceed to start construction will be provided upon the award of Contract and prior
to January 28, 2015.
18.
The Owner and the Agency may make such investigations as it deems necessary to determine the
ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner and the Agency all
such information and data for this purpose as the Agency may request. A conditional or qualified Bid
will not be accepted.
19.
Award, if made, will be made to the lowest responsive, and responsible Bidder (all schedules)
expected on January 21, 2015.
20.
All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction
over construction of the Project shall apply to the Contract throughout.
21.
Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar
with the Contract Documents. Failure or omission of any Bidder to do any of the foregoing shall in no
way relieve any Bidder for any obligation in respect to his bid.
22.
Further, the Bidder agrees to abide by the requirements under Executive Order No. 11246 (Equal
Employment Opportunity Clause), as amended, California Labor Code 1410 et. Seq., California Labor
Code 1777.6, and implement Agency regulations concerning equal opportunity for apprentices.
23.
All Bidders shall supply the names and address of Subcontractors as set forth in the Bid.
24.
Successful Bidder and Subcontractors shall obtain a City Business License prior to commencing any
work within City limits. The license can be obtained at 101 North “D” Street, Perris, CA 92570.
25.
The Director of the Department of Industrial Relations has ascertained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in the locality in which the work
is to be performed for each craft or type of workman needed to execute the contract or work as
hereinafter set forth (see Labor Code 1770 et. seq.). Copies of rates are on file at the offices of the
City Clerk of the City of Perris. Copies shall be made available to any interested party upon request.
The successful Bidder shall post a copy of such determination at each job site. Attention is called to
the fact that not less than the minimum salaries and wages shall be paid on this project by all
Contractors and Subcontractors. The successful Bidder shall provide the Agency with copies of
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certified payroll on forms provided by the Division of Labor Standards Enforcement (213) 897-2905 or
other approval forms.
26.
Pursuant to Section 1740 of the California Labor Code, Bidders are notified that the said wage rates
shall be subject to modification to comply with revisions in Federal Minimum Wage schedules without
necessity of republication.
27.
Bidder understands and agrees to hold his original bid prices, without change, for a period of fortyfive (45) days from the date bids are opened except to the extent relief is available pursuant to Public
Contract Code, Section 5100 et. seq.
28.
If the Contract cannot be awarded within a forty-five (45) day period for any reason, Bidder
understands and agrees that the time to award may be extended by mutual agreement between the
Agency and each Bidder. Bidder understand and agrees that Bidders electing not to extend their
original bids more than forty-five (45) days following a request for extension by the Agency shall be
treated as withdrawing their bid and will not be considered in the final award. The Bidder may
withdraw his bid without further liability on the part of either party.
29.
To the extent permissible under Federal policy or regulation applicable to this project, the
Contractor shall be permitted to substitute securities for any monies withheld by the public agency,
pursuant to the provisions of California Public Contracts Code Section 22300.
30.
Regular advisory signs with message regarding Construction Start/End (2 on Ramona Expressway
and 2 on Perris Boulevard) per Caltrans Standards shall be posted minimum of one week prior to start
of construction. See traffic control section for details. Residents shall also be notified by Contractor
distributing construction information fliers a minimum of 14 days in advance of construction.
31.
Bidder shall complete street and storm drain improvements (except final asphalt concrete
pavement lift) on Harley Knox Boulevard and Redlands Avenue north Harley Knox Boulevard street
improvement prior to start construction on Redlands Boulevard south of Harley Knox Boulevard.
Bidder shall complete the street and storm drain improvements (except final asphalt concrete
pavement lift) on Harley Knox Boulevard and Redlands Avenue north Harley Knox Boulevard within 40
Calendar days from Notice to Proceed(by March 15th, if the Notice to Proceed is issued prior to January
30, 2015). Bidder agrees with the Owner that if the project is not fully completed within said time, he
shall pay as liquidated damages the sum of $2,000.00 (two thousand dollars) for each consecutive
calendar day thereafter until such completion and that this amount shall be presumed to be the
amount of damages sustained by Owner in the event of such a breach by Bidder, as it would be
impracticable or extremely difficult to fix the actual damage.
Bidder shall complete street and storm drain improvements (except final asphalt concrete
pavement lift) on Redlands Avenue south of Harley Knox Boulevard within 80 Calendar days from
Notice to Proceed. Bidder agrees with the Owner that if the project is not fully completed within said
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time, he shall pay as liquidated damages the sum of $2,000.00 (two thousand dollars) for each
consecutive calendar day thereafter until such completion and that this amount shall be presumed to
be the amount of damages sustained by Owner in the event of such a breach by Bidder, as it would be
impracticable or extremely difficult to fix the actual damage.
Bidder shall fully complete all work on or before the 180th calendar day from the Notice of Award
date. Bidder agrees with the Agency that if the project is not fully completed within said time, he shall
pay as liquidated damages the sum of $2,000.00 (two thousand dollars) for each consecutive calendar
day thereafter until such completion and that this amount shall be presumed to be the amount of
damages sustained by Agency in the event of such a breach by Bidder, as it would be impracticable or
extremely difficult to fix the actual damage.
32.
In the event of a change order, prime contractor shall be allowed a maximum of 5% markup on
subcontractors work.
33.
Construction work area is limited to project limits as shown on plans. The Contractor shall prepare
Traffic Control Plans per Special Provisions item SP-4-3.00 TRAFFIC CONTROL SYSTEM, included on
page 87 herein. The Contractor shall obtain traffic control plans approval from the City before the
construction.
34.
The Owner, IDI Gazeley Brookfield Logistics Properties is the awarding body and will administer the
contract.
35.
The Contractor shall review and follow attached “GENERAL CONDITIONS TO STANDARD
AGREEMENT BETWEEN OWNER AND GENERAL CONTRACTOR” and “STANDARD AGREEMENT BETWEEN
OWNER AND CONTRACTOR” documents provided by IDI (owner). It is the contractor’s responsibility to
review the City Specification and IDI provided specifications and if there is a conflict, the Contractor
shall follow the most stringent requirements.
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BID FORM
Bid Date:
Time:
Place:
Project:
January 14, 2015
2:00 p.m.
101 North “D” Street, Perris
Harley Knox Boulevard and Redland Avenue Street Improvement Project
IDI Gazeley Brookfield Logistics Properties, hereinafter called the Owner, the undersigned, as
Bidder, declares that he has carefully examined the location of the project, that he has examined
the plans and specifications and addenda (if any), and has read the Information for Bidders, and
hereby proposes and agrees, if this bid is accepted, to furnish all materials to do all work required
to complete the said plans and specifications in the time and manner herein prescribed for the Bid
Price set forth in the Schedule of Bid Items.
Proposal of ________________________________, hereinafter called “Bidder”, organized and
existing under the laws of the ______________________ State of California, doing business as
_______________________. Insert “a corporation”, “a partnership”, “a joint venture”, or “an
individual”, as applicable.
No separate payment will be made for any item that is not specifically set forth in the Schedule of
Bid Items. All costs, therefore, shall be included in the prices named in the Schedule of Bid Items
for the various appurtenant items of work. In case of discrepancy between words and figures,
words shall prevail.
By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto
certifies, as to his own organization that this Bid has been arrived at independently, without
consultation, communication, or agreement as to any matter relating to this Bid with any other
Bidder or with any competitor.
Since time is of the essence, Bidder hereby agrees to order storm drain pipes within fourteen
calendar days and commence work after Owner and Contractor agreed date under this Contract
receiving the Notice to Proceeds for order of storm drain and begin construction work separately.
Bidder agrees with the Owner that if the project is not fully completed or obtain storm drain within
said time, he shall pay as liquidated damages the sum of $1,000.00 (one thousand dollars) for each
calendar day thereafter until such completion and obtaining storm drain and that this amount shall
be presumed to be the amount of damages sustained by Owner in the event of such a breach by
Bidder, as it would be impracticable or extremely difficult to fix the actual damage. The
undersigned, as Bidder proposes and agrees, if the proposal is accepted, that he will execute a
Contract with the Owner in the form set forth in the Contract Documents and that he will accept in
full payment thereof the following prices, to wit:
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The undersigned, as Bidder, proposes and agrees, if the proposal is accepted, that he will execute a
Contract with the Owner in the form set forth in the Contract Documents and that he will accept in
full payment thereof the following prices as set forth in Bid Schedules.
Quantities above are for the purpose of comparison only and payments will be made on the basis
of actual measurement of work completed. Where discrepancies occur between words and
figures, the words shall govern. Upon receipt of the Notice of Award, Contractor shall submit to
the Owner for approval, a detailed breakdown of the Contractor’s cost estimate into the various
elements of materials and construction operations. When approved, this breakdown will serve as
a basis for the Owner to determine partial payments.
If awarded this contract, the Bidder agrees to execute the Contract and submit the Labor and
Materials Payment Bond, Contract Performance Bond, and Insurance Certificates on the required
forms within five (5) calendar days from the date of the Notice of Award. The Notice of Award
shall be accompanied by the necessary Contract, Bond, and Insurance Certificate forms. In case of
failure of the Bidder to execute the Contract, the Owner may at his option consider the Bidder in
default, in which case the Bid Bond, or any deposit in lieu thereof, accompanying the proposal shall
become the property of the Owner. Forfeiture of the Bid Bond, or any deposit in lieu thereof, does
not preclude the Owner from seeking all other remedies provided by law to recover losses
sustained as a result of the Contractor's failure to execute a written agreement to perform the
work at his Bid Price.
The Bidder’s execution on the signature portion of this proposal shall also constitute an
endorsement and execution of those certifications which are a part of this Proposal.
The bidder_____________________, proposed subcontractor________________________,
hereby certifies that he has _____ has not_____ participated in a previous contract or subcontract
subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246,
and that, where required, he has filed with the Joint Reporting Committee, the Director of the
Office of Federal Contract Compliance, a Federal Government contracting or administering agency,
or the former President’s Committee on Equal Employment Opportunity, all reports due under the
applicable filing requirements.
_________________________
Name
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________________
Date
8
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41CFR 60-1.7(b)(1), and must be submitted by Bidders and
proposed subcontractors only in connection with contracts and subcontracts which are
subject to the equal opportunity clause. Contracts and subcontracts which are exempt
from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts
or subcontracts of $10,000 or under are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract, subject to the Executive Orders, and have not filed the required reports should note
that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
TITLE 23, UNITED STATES CODE, SECTION 112 NON-COLLUSION AFFIDAVIT
In accordance with Title 23, United States Code, Section 112, the Bidder hereby states, under
penalty of perjury, that he has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive bidding
in connection with this contract.
NOTE: The above Statement, Questionnaire, and Non-Collusion Affidavit are part of the Proposal.
Signing this Proposal on the signature portion thereof shall also constitute signature of this
Statement, Questionnaire, and non-Collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
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TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person
associated therewith in the capacity of owner, partner, director, office manager:
Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
Has not been suspended, debarred, voluntary excluded or determined ineligible by
any federal agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not be indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any manner involving fraud or official misconduct
within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining
Bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating
agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this proposal on the signature portion
thereof shall also constitute signature of this Certification.
Person who inspected site of the proposed work as a representative of your firm:
______________________________
Name (please print)
__________________________
Date of Inspection
Bidder acknowledges receipt of the following Addenda:
___________________________________ Dated _______________________
___________________________________ Dated _______________________
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___________________________________ Dated _______________________
___________________________________ Dated _______________________
__________________________________
Bidder’s Signature
__________________________________
Contractor’s California
License No.
__________________________________
Type of License
__________________________________
Name of License Holder
__________________________________
Expiration Date
Contact Information:
Company Name:
_____________________________________
Contact Person:
_____________________________________
Title:
_____________________________________
Company Address:
________________________________
________________________________
________________________________
Phone Number:
________________________________
Fax Number:
________________________________
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HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT PROJECT
Bidder (Company Name):_______________________
Base Bid Schedule
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE
STREET IMPROVEMENT PROJECT
(Prevailing Wage Construction Items)
ITEM
NO.
ITEM
UNIT
ESTIMATED
QUANTITY
1
MOBILIZATION
LS
1
2
TRAFFIC CONTROL SYSTEM
LS
1
3
WATER POLLUTION CONTROL
LS
1
4
HOT MIX ASPHALT (TYPE B)
TON
21,300
5
CLASS 2 AGGREGATE BASE
CY
31,100
6
CONSTRUCT MIN. 8" PCC PAVEMENT (4,000 PSI,
CONTROL JOINTS at 20’ O.C. EACH WAY, AND #4
REBAR DOWEL)
SF
122,134
7
ROADWAY EXCAVATION
LS
1
LF
15,120
LF
13,325
8
9
CONSTRUCT TYPE "A-8" CURB & GUTTER PER RIV.
CO. STD. NO. 201
CONSTRUCT 6" TYPE "D" CURB PER RIV. CO. STD.
NO. 204
10
REMOVE AC PAVEMENT AND DISPOSE OF LEGALLY
SF
1,150
11
SAWCUT & JOIN EX. A.C. PAVEMENT PER DETAIL
ON SHEET 2
LF
700
12
ADJUST TO GRADE EXISTING SEWER MANHOLE,
STORM DRAIN MANHOLE, OR UTILITY COVER
EA
19
13
REMOVE EX. FENCE
LF
1,900
SF
1,425
15
CONSTRUCT CROSS GUTTER PER RIV. CO. STD.
NO. 209
0.15’ GRIND
SF
3,550
16
INSTALL 48" CIPCP (PER RCFC & WCD SPECS)
LF
280
17
INSTALL 36" CIPCP (PER RCFC & WCD SPECS)
LF
860
18
INSTALL 24" CIPCP (PER RCFC & WCD SPECS)
LF
1,300
19
INSTALL 18" RCP (D-LOAD PER PLAN)
CONSTRUCT JUNCTION STRUCTURE NO. 2 PER
RCFC & WCD STD. DWG. JS227
CONSTRUCT JUNCTION STRUCTURE NO. 3 PER
RCFC & WCD STD. DWG. JS228
LF
560
EA
2
EA
5
14
20
21
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Unit Price
(In Figures)
AMOUNT (In
Figures)
12
ITEM
NO.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
ITEM
CONSTRUCT JUNCTION STRUCTURE NO. 4 PER
RCFC & WCD STD. DWG. JS229
CONSTRUCT CURB INLET CATCH BASIN PER RIV.
CO. STD. NO. 300
CONSTRUCT LOCAL DEPRESSION PER RIV. CO.
STD. NO. 311
CONSTRUCT MANHOLE NO.1 PER RFC & WCD STD.
MH251
CONSTRUCT MANHOLE NO.2 PER RFC & WCD STD.
MH252
CONSTRUCT MANHOLE NO.4 PER RFC & WCD STD.
MH254
CONSTRUCT DRAINAGE INLET TYPE G3 PER
CALTRANS PLAN D73, AND DETAIL ON SHEET 2
REMOVE CONCRETE BULKHEAD
INSTALL 12" DIA, HDPE N-12 STORM DRAIN PIPE
("ADS" OR APPROVED EQUAL)
INSTALL 18" DRAIN BASIN ("NYLOPLAST" OR
EQUAL) WITH DOME GRATE
CONSTRUCT BUS TURNOUT PER RIV. CO. STD. NO.
814
CONSTRUCT 8” THICK CONCRETE CLASS 560-C3250; “B” AGGREGATE GRADATION
INSTALL 6" SLURRY BACKFILL (2 SACK)
TRAFFIC SIGNAL AT HARLEY KNOX BOULEVARD
AND REDLANDS AVENUE INCLUDING
INTERCONNECT TO RAMONA EXPRESSWAY
INSTALL CONCRETE COLLAR PER FRC&WCD STD.
M803
TRAFFIC SIGNL MODIFICATION AT RAMONA
EXPRESSWAY / REDLANDS AVENUE
CONSTRUCTION SSLRAT-5551-FE SOLAR-ONLY
STREET LIGHT, ROUND ARM MOUNT, 48W VHO
TRAD PATTERN, LOWFE DIFFUSER, IR MOTION,
SILVER, PER CITY OF PERRIS STANDARD.
PARKWAY LANDSCAPE AND IRRIGATION
COMPLETE IN PLACE
SIGNING, STRIPING AND MARKERS
INSTALL 24” CMP HEL-COR PIPE (“CONTECH” OR
APPROVED EQUAL)
INSTALL 24” FLARED END SECTION (“CONTECH” OR
APPROVED EQUAL)
UNIT
ESTIMATED
QUANTITY
EA
1
EA
6
EA
6
EA
5
EA
2
EA
4
EA
1
EA
1
LF
190
EA
4
EA
2
EA
4
LF
395
LS
1
EA
1
LS
1
EA
5
LS
1
LS
1
LF
100
EA
2
BASE BID
SUB-TOTAL____________________________________
ITEMS 1- 42
WORDS
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Unit Price
(In Figures)
AMOUNT (In
Figures)
_____________________
FIGURES
13
Alternate “A” Bid Schedule
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE
STREET IMPROVEMENT PROJECT
(Non-Prevailing Wage Construction Items)
ITEM
NO.
43
44
45
46
47
48
49
ITEM
CONSTRUCT COMMERCIAL DRIVE PER RIV. CO.
STD. NO. 207A
CONSTRUCT CURB RAMP PER RIV. CO. STD. NO.
403, CASE A
REMOVE BACKFLOW AND SERVICE. COORDINATE
WITH EMWD
CONSTRUCT 6' WIDE SIDEWALK PER RIV. CO. STD.
NO. 401
CONSTRUCT 120 VOLT, 200 WATT H.P.S.V. 22,000
LUMEN STREET LIGHT PER COUNTY OF RIVERSIDE
STD. NO. 1001 (8’ MAST ARM)
CONSTRUCT 120 VOLT, 200 WATT H.P.S.V. 22,000
LUMEN STREET LIGHT PER COUNTY OF RIVERSIDE
STD. NO. 1001 (12’ MIN MAST ARM)
MEDIAN LANDSCAPE AND IRRIGATION COMPLETE
IN PLACE
UNIT
ESTIMATED
QUANTITY
LF
4,550
EA
18
EA
1
LF
30,700
EA
27
EA
6
LS
1
Unit Price
(In Figures)
AMOUNT (In
Figures)
Alternate “A” BID
SUB-TOTAL
ITEMS 43-49
FIGURES
WORDS
Alternate Bid Schedules and Method of Award
The Owner may award only the items of work listed on the Base Bid Schedule, or may choose to award
some or all of the Alternate Bid Schedules in addition to the Base Bid Schedule. The Owner will select
lowest responsive and responsible bid using the sum of the base bid and all alternate bid schedules.
The contractor shall pay prevailing wages for each craft or type of workman needed for construction or
all items under base bid.
The Owner also reserves the right to reject all bids received.
PROPOSAL TOTALS
Base Bid
Items 1-42
$____________________
Alternate Bid Schedule “A”
Items 43-49
$____________________
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14
PROJECT TOTAL ________________________________________
ITEMS 1-49
“Words”
$______________________
Bids must be submitted on all items. Failure to bid on all items may result in the bid being rejected
as non-responsive
TOTAL BID – HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT
PROJECT
$_______________________________(Figures)
_____________________________________________________________________
Written Total All Bid Items 1-49
_____________________________________________________________________
Written Amount (Continued)
Bidders shall provide unit and total bid amounts for the following items. The Owner is under no
obligation to the contractor for said items and may ask the contractor at the Owner’s discretion to
complete some or all of said items. In such cases, the contractor shall be paid for actual quantity
constructed per the unit prices provided on the bid schedule.
NOTES:
 Bid shall include all sales tax, and other taxes and fees.
 Quantities listed are for comparison purposes. Payments will be made based on actual
measurement of work completed(except where noted otherwise, such as lump sum items).
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15
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _____________________ as
Principal, and_______________________________________________________ as Surety, are
hereby held and firmly bound unto the IDI Gazeley Brookfield Logistics Properties and CITY OF
PERRIS
as
Agency
in
the
penal
sum
of
________________________________________________________
_________________________________________________________for the payment of which,
well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.
(Note: The Owner and Agency requires bid bond to be at least equal to 10% of bid amount).
Signed, this ___________ day of ________________________, 2015.
The Condition of the above obligation is such that whereas the Principal has submitted to the
Owner and Agency a certain Bid, attached hereto and hereby made a part hereof, to enter into a
contract in writing for the
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT PROJECT
NOW, THEREFORE,
A.
If said Bid shall be rejected, or
B.
If said Bid shall be accepted and the Principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish Bonds for his faithful performance of said Contract and for the payment of all
persons performing labor or furnishing materials in connection therewith, the required
Insurance Certificates, and shall in all other respects perform the agreement created by the
acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain
in force and effect; it being expressly understood and agreed that the liability of the Surety
for any and all claims hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and
its Bond shall be in no way impaired or affected by any extension of the time within which the
Agency may accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these
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16
presents to be signed by their proper officers, the day and year first set forth above.
Two Witnesses
(If Individual):
PRINCIPAL:_____________________
____________________________
By: ___________________________
____________________________
Title: ________________________
ATTEST (If Corporation):
By: ________________________
Title: ________________________
(Corporate Seal)
ATTEST:
By: __________________________
SURETY: ______________________
By:
______________________
Title:
_____________________
Title: _______________________
(Corporate Seal)
IMPORTANT:
Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the state where the Project is
located.
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17
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
______________________________
______________________________
______________________________
(Name and Address of Agent
or Representative for
service of process in
California, if different
from above)
______________________________
(Telephone Number of Surety
and Agent or Representative
for service of process in
California)
______________________________
______________________________
______________________________
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18
DESIGNATION OF SUBCONTRACTORS
In compliance with the provisions of section 2.3 of the Standard Specifications, the Bidder shall set
forth below the name and location of the mill, shop or office of each Subcontractor and the
portions of the work, which will be done by that Subcontractor.
In compliance with the provisions of the Government Code, Section 4100-4108, the undersigned
Bidder herewith sets forth the name and location of the place of business of each Subcontractor
who will perform work or labor or render service to the Contractor on or about the construction
site of the work or improvements in an amount in excess of one-half of one percent (½%) of the
Contractor's total bid and the portion of the work which will be done by each Subcontractor as
follows:
Trade
% Of Work
To Be Done
Name
License No.
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Address
19
LISTING OF MANUFACTURERS
The Contractor shall submit this sheet with his Bid, completed, to list the manufacturers of
materials he intends to use. It shall be understood that where the Contractor elects not to use the
material manufacturers called for in the Specifications, he will substitute only items of equal
quality, durability, functional character and efficiency as determined by the Owner and Agency.
The Contractor should ascertain prior to bidding the acceptability of substitutes. Only one
manufacturer shall be listed for each item.
Item or Material
Manufacturer or Supplier
Asphalt Concrete
Portland Cement Concrete
No change shall be allowed of any material manufacturer listed after receipt of Bids unless the
manufacturer so listed cannot furnish materials meeting the Specifications. Should such change be
allowed by the Agency, there will be no increase in the amount of the Bid originally submitted.
ANTI-TRUST CLAIM
In entering into a public works contract or a subcontract to supply goods, services, or materials
pursuant to a public works contract, the contractor or Subcontractor offers and agrees to assign to
the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter [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 Contract or the
Subcontract. This assignment shall be made and become effective at the time the Agency tenders
final payment to the Contractor, without further acknowledgment by the parties.
RESPECTFULLY SUBMITTED:
__________________________________ __________________________________
Signature
Please Print
__________________________________ __________________________________
Title
Address
__________________________________ __________________________________
Date
__________________________________ __________________________________
Contractor's California
Type of License
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20
License No.
__________________________________ __________________________________
Name of License Holder
Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY.
___________________________________
Federal I.D. No.
(SEAL-if Bid is by a Corporation)
ATTEST_______________________
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21
CERTIFICATION - LABOR CODE SECTION 1861
I, the undersigned Contractor, am aware of the provisions of section 3700 et. seq. of the Labor
Code which requires every employer to be insured against liability for Worker's Compensation or
to undertake self-insurance in accordance with the provisions of that Code, and I, the undersigned
Contractor, agree to and will comply with such provisions before commencing the performance of
the Work of this Contract.
CONTRACTOR:
_____________________________
Firm Name
_____________________________
Signature
_____________________________
Print Name
_____________________________
Contractor's California License No.
_____________________________
Expiration Date
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22
CERTIFICATION OF NON-DISCRIMINATION
On behalf of the Bidder making this proposal, the undersigned certifies that there will be no
discrimination in employment with regard to ethnic group identification, color, religion, sex, age,
physical or mental disability, or national origin; that all Federal, State, and local directives and
executive orders regarding nondiscrimination in employment will be complied with; and that the
principle of equal opportunity in employment will be demonstrated positively and aggressively.
DATED:__________________________
_____________________________________
(Name of Bidder)
_____________________________________
(Signature)
_____________________________________
(Typed Name and Title)
_________________________________
California
License No.
_____________________________________
Type of License
_________________________________
Name of License Holder
_____________________________________
Expiration Date
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23
EXPERIENCE STATEMENT
Bidder submits, as part of his bid, the following statements as to his experience qualifications.
Bidder certifies that all statements and information set forth below are true and accurate. Bidder
hereby authorizes the agency to make inquiry as appropriate regarding his experience.
Bidder has been engaged in the contracting business under his present business name for
____________years.
Bidder's experience in work of a nature similar in type and magnitude to that set forth in the
Specification extends over a period of _______ years.
Bidder, as Contractor, has satisfactorily completed all Contracts awarded to him, except as follows:
(Name any/all exceptions and reasons and attach and designate additional pages if necessary.)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Within the last three years, Bidder has satisfactorily completed the following contracts covering
work similar in type and magnitude to that set forth in these Specifications for the following
owners (name person, firms, or authorities):
Name & Address
of Owner/Agency
Representative
and Telephone
Type of Work, Year
Completed & $ Amount
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(Bidder shall attach and properly designate additional pages, if necessary.)
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24
MATERIAL
TEST REQUIRED
CALIFORNIA TEST
Permeable Material
Grading
Sand Equivalent
Durability Index
202
217
229
Imported Material
(Shoulder Backing)
Grading
Sand Equivalent
Durability Index
202
217
229
Aggregate Subbase
Grading
Sand Equivalent
Resistance (R-Value)
202
217
301
Aggregate Base
Grading
Sand Equivalent
Resistance (R-Value)
Durability Index
Percentage of crushed particles
202
217
301
229
205
Screenings
Grading
Loss in Los Angeles Rattler
Crushed Particles
Film Striping
Cleanness valve
202
211
205
302
227
Asphalt Concrete
(Except Open
Graded)
Grading
Specific Gravity
(coarse & fine aggregate)
Percentage of crushed particles
Loss in Los Angeles Rattler
Sand Equivalent
Film Striping
Kc Factor (CKE)
Kf Factor (CKE)
Stabilometer
Swell
Moisture Vapor Susceptibility
Optimum Bitumen Content*
202
206
208
205
211
217
302
303
303
366
305
307
367
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Open Graded AC,
Asphalt Treated
Permeable Material,
Asphalt Treated
Permeable Base
Grading
Crushed Particles
Loss in Los Angeles Rattler
(500 revolutions)
Durability Index
Firm Striping
202
205
211
229
310 or 362 or 379
*(Not shown in Construction Manual, use CDE frequency.)
Note: Should any potential source sampling and testing be waived by reason of previous
acceptance of material from the source, there will be no reduction in contract prices by reason of
such waiver.
FOREIGN MATERIALS – The requirements of the fifth paragraph in Section 6-1-08, “Foreign
Materials,” of the Standard Specifications shall not apply.
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26
NOTICE OF AWARD
CITY OF PERRIS
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT PROJECT
The Owner and the Agency has considered the Bid submitted by you for the above described work
in response to its Notice Inviting Sealed Proposals (Bids) dated January 14, 2015 and Information
for Bidders for the above mentioned project.
You are hereby notified that your Bid has been accepted in the amount of $_______________ and
the Extract of Public Works contract Award has been forwarded to the California Department of
Industrial Relations and the Division of Apprenticeship Standards.
You are required by the Information for Bidders to execute the Contract and furnish the required
Contractor's Labor and Material Payment Bond, Contract Performance Bond, and Certificates of
Insurance within five (5) calendar days from the date of this Notice. Construction start date will
be provided upon award of Contract.
If you fail to execute said Contract and to furnish said Bonds an Insurance Certificates within ten
(10) days from the date of this Notice, said agency will be entitled to consider all your rights arising
out of the Agency's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The
Agency will be entitled to such other rights as may be granted by law.
A mandatory pre-construction meeting for the contractor and all of his subs will be required prior
to start of work and will be scheduled upon receipt of all contract documents.
You are required to return an acknowledged copy of this Notice of Award to the Agency.
Dated this _____ day of _______________, 2015.
IDI GAZELEY BROOKFIELD LOGISTICS PROPERTIES
Owner
By: ________________________, ______________________
Name
Title
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27
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the above Notice of Award is hereby acknowledged
by _________________________________________________ this
_____ day of ___________________, 2015.
__________________________________
Contractor
By_________________________________
Title______________________________
___________________________________
Contractor's California License No.
___________________________________
Expiration Date
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28
CONTRACT
THIS CONTRACT, made this _____ day of _____________, 2015, by and between IDI
GAZELEY BROOKFIELD LOGISTICS PROPERTIES hereinafter called "Owner,"
and _________________ doing business as "a partnership," hereinafter called
"Contractor."
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, it is agreed that:
1. The Contractor shall commence and complete the Harley Knox Boulevard and
Redlands Avenue Street Improvement Project.
2. The Contractor shall furnish all of the material, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the Project
described herein.
3. Since time is of the essence, the Contractor will start work within 10 days from
Notice to Proceed and will complete all work as noted on the Construction drawings
for the HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT
PROJECT. This work shall be substantially complete within one hundred twenty (120)
calendar days after the required start date.
4. Owner and Contractor have discussed the provisions of Civil Code 1671 and the
damages which may be incurred by Owner if the work is not completed within the
time specified in this Contract. Owner and Contractor hereby represent that at the
time of Signing this Contract, it is impracticable and extremely difficult to fix the
actual damage which will be incurred by Owner if the work is not completed within
the number of Working days allowed. Accordingly, Owner and Contractor agree that
the sum of two thousand ($2,000.00) dollars per calendar day is a reasonable sum to
assess as damages due to Agency by reason of the failure of Contractor to complete
the work within the time specified.
5. The Contractor agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for the sum of $_______________.
6. The term "Addenda" referred to as part of the Contract Documents means:
Addenda: _______________
_______________
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29
7. The Owner will make payments to the Contractor upon completion of the work.
8. This Contract shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
9. Should any litigation or arbitration be commenced between the parties hereto
concerning said project, any provision of this Contract, or the rights and obligations of
either in relation thereto, the party, Owner, or Contractor, prevailing in such litigation
shall be entitled, in addition to such other relief as may be granted, to a reasonable
sum as and for his attorney fees in such litigation, and costs.
10. The Director of the Department of Industrial Relations has ascertained the general
prevailing rate of per diem wages and the general rate for holiday and overtime work
in the locality in which the work is to be performed for each craft or type of workmen
needed to execute the contract or work as hereinafter set forth (see Labor Code 1770
et. seq.). Copies of rates are on file at the office of the Agency, which copies shall be
made available to any interested party on request. The successful Bidder shall post a
copy of such determination at each job site. Attention is called to the fact that not
less than the minimum salaries and wages shall be paid on this project by all
Contractors and Subcontractors for all private work as defined by the Schedule of Bid
Items.
11. Any sub-tier Contract(s) resulting from this contract must contain the same
contractual language as the original contract.
12. In the event the contract can not be awarded on the specified date, the time will
be extended by the Agency.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Contract in 3 copies each of which shall be
deemed an original on the date first above written.
IDI GAZELEY BROOKFIELD LOGISTICS PROPERTIES
__________________________________
By _______________________________
Name _____________________________
(Please Type)
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30
(SEAL)
Title ______________________________
ATTEST:
_____________________________
Name ________________________
Title _________________________
CONTRACTOR:
__________________________________
By _______________________________
Name _____________________________
(Please Type)
Address __________________________
__________________________________
__________________________________
Contractor’s California License No.
(SEAL)
__________________________________
Expiration Date
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31
CERTIFICATE OF CONTRACTOR
I, __________________________________, certify that I am a/the
_________________________________________(designate sole proprietor, partner
in partnership, or specify corporate office, e.g., secretary) in the entity named as
CONTRACTOR in the foregoing contract.
I hereby expressly certify that the name of the entity to which I am
associated is ___________________________; that this entity is in good standing and
has complied with all applicable laws and regulations, and that I have been expressly
authorized by the proper parties in this entity to execute this Contract on behalf of
the above named entity.
_____________________________________
Signature
ATTEST:
______________________________
___________________________________
Contractor's California License No.
Name _________________________
(Please Print)
___________________________________
Name of License Holder
Title___________________________
___________________________________
Type of License
___________________________________
Expiration Date
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32
PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Realty Associates Advisors (referred to hereinafter as "obligee") has awarded to
_________________________________________________(hereinafter designated as the
"Contractor") an agreement dated ____________________, for work described as follows:
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT PROJECT (hereinafter
referred to as the "Public Work Contract"); and
WHEREAS said Contractor is required to furnish a bond in connection with said Public Works
Contract, providing that if said Contractor, or any of his or its Subcontractors, shall fail to pay for
any materials, provisions, provender or other supplies or teams used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor done thereon of any
kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required
to be deducted, withheld, and paid over to the Contractor and his Subcontractors pursuant to
Section 18806 of the Revenue and Taxation Code with respect to such work or labor, that the
Surety on this bond will pay the same together with a reasonable attorney's fee (to be fixed by the
court) in case suit is brought on the bond;
NOW, THEREFORE, we, ________________________________, the undersigned Contractor, as
Principal, and _________________________________________,a corporation organized and
existing under the laws of the State of _________________________, and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly bound
unto the ________________________________________________and to any and all
materialmen, persons, companies or corporations furnishing materials, provisions, provender or
other supplies used in, upon, for or about the performance of the said Public Work, and all
persons, companies, or corporations renting or hiring teams, or implements or machinery, for or
contributing to said Public Work to be done, and all persons performing work or labor upon the
same and all persons supplying both work and materials as aforesaid, excepting the said
Contractor, in the sum of __________________________________________ (words) Dollars
($__________________), said sum being not less than 100 percent of the total amount payable by
the said Obligee under the terms of the said Public Work Contract, for which payment will and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
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33
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Contractor, his or its heirs, executors,
administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials,
provisions, implements or machinery used in, upon, for or about the performance of the Public
Work contracted to be done, or to pay for any work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of said employees of said Contractor and his Subcontractors pursuant
to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties
hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise
the above obligation shall be void. In case suit is brought upon this bond, the said Surety or
Sureties will pay a reasonable attorney fee to be fixed by the Court. In addition to the provisions
herein above, it is agreed that this bond will insure to the benefit of any and all persons,
companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so
as to give a right of action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates an agrees that no change, extension of time,
alteration or additions to the terms of the said Public work Contract or to the work to be
performed there under or the Specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
Principal and Surety agree that if the Agency is required to engage the services of an attorney in
connection with the enforcement of this bond, the Principal and Surety shall be jointly and
severally liable for all of the Agency's costs and reasonable attorney fees, whether or not litigation
or arbitration is actually commenced to enforce the bond.
Principal and Surety agree that after completion and acceptance of the work by Agency, 10% value
of the bond shall remain in effect for a 12 month period to warranty the work.
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34
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______ day of
____________, 2015.
PRINCIPAL:
____________________________________
By _________________________________
SURETY:
____________________________________
By _________________________________
Attorney-in-Fact
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State where
the Project is located.
Any claims under this bond may be addressed to:
(Name and Address of Surety)
____________________________________
____________________________________
____________________________________
(Name and Address of Agent
or Representative for service of process in California, if different from
above)
____________________________________
(Telephone Number of Surety
and Agent or Representative
for service of process in
California)
____________________________________
____________________________________
____________________________________
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35
HIS IS A REQUIRED FORM
STATE OF CALIFORNIA
)
) ss.
COUNTY OF _____________)
On this _____ day of ___________________, in the year ______, before me,
______________________________, a Notary Public in and for said state,
personally appeared ____________________________________________________, known to
me, or proved to me on the basis of satisfactory evidence, to be the person whose name is
subscribed to the within instrument as the
Attorney-in-Fact of the _________________________________________________
(Surety) and acknowledged to me that he subscribed the name of the
____________________________________________(Surety) thereto and his own name as
Attorney-in Fact.
______________________________________
Notary Public in and for said State
(SEAL)
Commission expires ______________________________________
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be
attached hereto.
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36
THIS IS A REQUIRED FORM
CERTIFICATE OF CONTRACTOR
I, __________________________________, certify that I am a/the
_________________________________________(specify either partner or specific corporate
office) of the Contractor names as Principal on the above-referenced bond. I further certify that
the Principal is an entity in good standing having complied with all applicable laws and regulations
and that I have been given the express power on behalf of the Principal to execute this bond.
NAME OF ENTITY:
___________________________________
TITLE OF SIGNING PARTY:
___________________________________
By _________________________________
___________________________________
California License No.
(CORPORATE SEAL)
___________________________________
Name of License Holder
___________________________________
Type of License
___________________________________
Expiration Date
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37
THIS IS A REQUIRED FORM
CONTRACT PERFORMANCE BOND
(CALIFORNIA PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, Realty Associates Advisors, (sometimes referred to hereinafter as "Obligee" has
awarded to _____________________________________________
(hereinafter designated as the "Contractor"), a contract for the work described as follows:
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT PROJECT (hereinafter
referred to as the "Public Work Contract"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain
contract for the said Public Work dated _____________, (hereinafter referred to as the "Public
Work Contract"), which Public Work Contract is incorporated herein by this reference; and
WHEREAS, The Contractor is required by said Public Work Contract to perform the terms thereof
and to provide a bond both for the performance and guaranty thereof:
NOW, THEREFORE, we, _______________________________________________, the undersigned
Contractor, as Principal, and ________________________________, a corporation organized and
existing under the laws of the State of _____________________________, and duly authorized to
transact business under the laws of the State of California, as Surety, are held and firmly bound
unto
the
____________________________________________
in
the
sum
of
_________________________ Dollars ($_________________), said sum being not less than 100
percent of the total amount payable by the said Obligee under the terms of the said Public Work
Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the bounden Principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the said Public Work
Contract and any alteration thereof made as therein provided, on his or its part, to be kept and
performed at the time in the manner therein specified, and in all respects according to their intent
and meaning; and shall faithfully fulfill the guarantee of all materials and workmanship; and
indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Public Work
Contract, then this obligation shall become null and void; otherwise it shall be and remain in full
force and effect. In case suit is brought upon this bond, the said Surety will pay to Obligee a
reasonable attorney's fee to be fixed by the Court.
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38
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Public Work Contract or to the work to be performed
thereunder or the Specifications accompanying the same shall in any way affect its obligations on
this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract or to the work or to the Specifications.
No final settlement between the Obligee and the Contractor shall abridge the right of any
beneficiary hereunder, whose claim may be unsatisfied.
Principal and Surety agree that if the Agency is required to engage the services of an attorney in
connection with the enforcement of this bond, the Principal and Surety shall be jointly and
severally liable for all of the Agency's costs and reasonable attorney fees, whether or not litigation
or arbitration is actually commenced to enforce the bond.
Principal and Surety agree that after completion and acceptance of the work by Agency, 10% value
of the bond shall remain in effect for a 12 month period to warranty the work.
IN WITNESS WHEREOF, this document has been executed this ___ day of ___________, 2015.
PRINCIPAL:
______________________________
By____________________________
SURETY:
______________________________
BY____________________________
Attorney-in-Fact
The rate of premium on this bond is __________ per thousand.
The total amount of premium charged: $_________________. (The above must be filled in by
corporate surety.
IMPORTANT:
Surety companies executing Bonds must appear on the Treasury Departments most current list
(Circular 570 as amended) and be authorized to transact business in the State where the Project is
located.
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39
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
____________________________________
____________________________________
____________________________________
(Name and Address of Agent
or Representative for service of process in California, if different from
above)
____________________________________
(Telephone Number of Surety
and Agent or Representative
for service of process in
California)
____________________________________
____________________________________
____________________________________
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40
THIS IS A REQUIRED FORM
STATE OF CALIFORNIA
)
) ss.
COUNTY OF _______________)
On this _____ day of ___________________, in the year ______, before me,
______________________________, a Notary Public in and for said state,
personally appeared ____________________________________________________, known to
me, or proved to me on the basis of satisfactory evidence, to be the person whose name is
subscribed to the within instrument as the
Attorney-in-Fact of the _________________________________________________
(Surety) and acknowledged to me that he subscribed the name of the
____________________________________________(Surety) thereto and his
own name as Attorney-in Fact.
________________________________
Notary Public in and for said State
(SEAL)
Commission expires ______________________________________
NOTE: A copy of the Power of Attorney to local representatives of the bonding company must be
attached hereto.
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41
CERTIFICATE OF CONTRACTOR
I,
______________________________________,
certify
that
I
am
a/the
___________________________________(specify either partner or specific corporate office) of
the Contractor names as Principal on the above-referenced bond. I further certify that the
Principal is an entity in good standing having complied with all applicable laws and regulations and
that I have been given the express power on behalf of the Principal to execute this bond.
NAME OF ENTITY:
__________________________________
TITLE OF SIGNING PARTY:
__________________________________
By _______________________________
__________________________________
Contractor’s California License No.
(CORPORATE SEAL)
__________________________________
Name of License Holder
__________________________________
Type of License
__________________________________
Expiration Date
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42
CERTIFICATION OF INSURANCE AND ENDORSEMENTS
The Contractor shall not commence any work under the Contract Documents until he obtains, at
his own expense, all required insurance. The required insurance, as follows, shall be provided by
the Contractor in conformance with the requirements of Sections 6 and 7 of the General Provisions
of these Contract Documents:
Workers’ Compensation Insurance
Comprehensive General Liability Insurance
The insurance company or companies utilized by the Contractor shall be authorized to transact
business in the State of California and to issue policies in the amounts required in said Sections 6
and 7 of the General Provisions of these Contract Documents.
No substitutions or revisions to the certificates and endorsements which follow will be accepted. If
the insurance called for is provided by more than one company, a separate certificate, using the
format presented, shall be provided for each company.
Contractor shall include IDI Gazeley Brookfield Logistics Properties, the City of Perris, Tri-Lake
Consultants, their elected and appointed officials, agents, Agency, and Consultants as additional
insured under Contractor’s General Liability Policy.
ADDITIONAL INSURED - The Certificate of Insurance supplied to IDI Gazeley Brookfield Logistics
Properties shall name the City of Perris, its officers, Tri-Lake Consultants, employees, agents,
Agency, Consultants, and independent contractors as additional insured and shall specify that the
IDI Gazeley Brookfield Logistics Properties and City of Perris be given thirty (30) days prior written
notice of any modification, decrease or termination of the Contractor’s Insurance coverage. Such
insurance shall be subject to approval by the City Attorney.
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43
CERTIFICATE OF INSURANCE
OWNER:
IDI Gazeley Brookfield Logistics Properties
AGENCY:
CITY OF PERRIS
DESCRIPTION:
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET
IMPROVEMENT PROJECT
TYPE OF INSURANCE: WORKERS’ COMPENSATION INSURANCE
THIS IS TO CERTIFY that the policies of insurance listed below have been issued by the company
named below in conformance with the requirements set forth in the Owner and the Agency's
Contract Documents, and that said policies are now in force.
Said company will give at least 30 days advance written notice by registered mail to the owner and
the agency and Engineer prior to any material change or cancellation of said policies.
Nothing contained in this Certificate of Insurance shall be construed as an amendment to an
existing insurance coverage.
Policy Number
Effective Date
Expiration Date
The insurance provided by said policies complies in all respects as to coverage and limits of liability
with the requirements of the Workers’ Compensation Insurance Laws of the State of California.
EFFECTIVE:_______________________
________________________________ ____________________________________
Named Insured
Insurance Company
_________________________________ __________________________________
Street Number
Street Number
________________________________ ____________________________________
City and State
City and State
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44
Insurance Company Agent for
Service of process in California
_____________________________________________
(Authorized Representative)
(Attach Acknowledgement)
_________________________________ ___________________________________
(Name)
(Company)
_________________________________ ___________________________________
(Street Number)
(Street Number)
_________________________________ ___________________________________
(City)
(City and State)
_________________________________ ___________________________________
(Telephone Number)
(Telephone Number)
NOTICE:
Substitution or revision to this certificate will be accepted. If the insurance called
for is provided by more than one company, a separate certificate, using this format,
shall be provided for each company.
G:\2013\13-0239\Bid Document\Street Improvements\Specifications_Street Improvements.doc
45
STATE OF CALIFORNIA
)
) ss.
COUNTY OF _______________)
On this ____ day of _______________, 2014 before me personally came
______________________________________known to me or proved to me on the basis of
satisfactory evidence, who being duly sworn, did depose and say
that ___________________________________________________ is an authorized
representative of the ___________________________________________ and
acknowledged to me that ________________________________________ executed the within
instrument on behalf of said insurance company.
IN WITNESS WHEREOF, I have signed and affixed my Official Seal on the date in this
certificate first above written.
_____________________________________
Notary Public in and for said
County and State
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46
CERTIFICATE OF INSURANCE
OWNER:
IDI Gazeley Brookfield Logistics Properties
AGENCY:
CITY OF PERRIS
DESCRIPTION:
TYPE OF INSURANCE:
HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET
IMPROVEMENT PROJECT
COMPREHENSIVE GENERAL LIABILITY INSURANCE
THIS IS TO CERTIFY that the policies of insurance listed below have been issued by the company
named below in conformance with the requirements set forth in the Owner and the Agency's
Contract Documents, and that said policies are now in force.
Said company will give at least 45 days advance written notice by registered mail to the Owner and
the Agency and Engineer prior to any material change or cancellation of said policies.
Nothing contained in this Certificate of Insurance shall be construed as an amendment to an
existing insurance coverage.
Policy
Number
Date
Limits of Liability
Effective Expiration Bodily Injury
Property Damage
The following types of coverage are included in this policy (indicated by "X" in space):
Manufacturers' and Contractors'
Owners' and Contractors' Protective
Blanket Contractual
Completed Operations
Owned Automobiles
Hired Automobiles
Non-Owned Automobiles
Broad Form Property Damage
"XCU" Exposure
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
Yes ___ No ___
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47
ENDORSEMENT:
The Agency, the Owner, Consultants, and each of their officers, agents, and employees are
included as additional insureds under these policies but only while acting in their capacity as such
and only as respects operations of the original named insured, his subcontractors, agents, and
employees in the performance of the above-referenced contract.
This endorsement shall not operate to increase the Company's total limits of liability under the
above-listed policies.
The insurance company hereby waives its rights of subrogation against the additional insureds.
EFFECTIVE: ___________________
______________________________
Named Insured
______________________________
Insurance Company
______________________________
Street Number
______________________________
Street Number
______________________________
City and State
______________________________
City and State
Insurance Company agent for
service of process in California
By____________________________
(Authorized Representative)
(Attach Acknowledgment)
______________________________
(Name)
_______________________________
(Company)
______________________________
(Street Number)
_______________________________
(Street Number)
______________________________
(Telephone Number)
_______________________________
(Telephone Number)
NOTICE:
No substitution or revision to this certificate will be accepted. If the insurance
called for is provided by more that one company, a separate certificate, using this
format, shall be provided for each company.
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48
(STATE OF CALIFORNIA
)
) ss.
(COUNTY OF _______________)
On this _____ day of ___________________, in the year ______, before
me, ______________________________, a Notary Public in and for said
state, personally appeared ___________________________________________,
known to me, or proved to me on the basis of satisfactory evidence, to be
the person whose name is subscribed to the within instrument as the
Attorney-in-Fact of the _________________________________________________
(Surety) and acknowledged to me that he subscribed the name of the
____________________________________________(Surety) thereto and his
own name as Attorney-in Fact.
_____________________________________
Notary Public in and for said County and State
(SEAL)
Commission expires _______________________
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49
NOTICE TO PROCEED
TO:
__________________
__________________
__________________
Project Description: HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT
PROJECT.
You are hereby notified to commence Work in accordance with the Contract dated
_________________, and you are to complete all work within the right-of-way on or before 120
calendar days.
You are required to return an acknowledged copy of this Notice to Proceed to the Agency.
Dated this _____ day of ___________________.
City of Perris
Agency
By _______________________________
Habib Motlagh
City Engineer___________________
Title
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50
ACCEPTANCE OF NOTICE
Receipt of the Notice to Proceed is hereby acknowledged by
_______________________________________, this the _____ day of ______________, 2015.
________________________________ By ________________________________
Contractor
Title_________________________________
______________________________________
Contractor's California License No.
______________________________________
Name of License Holder
______________________________________
Type of License
______________________________________
Expiration Date
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51
STATE OF CALIFORNIA - CONTRACT AWARD FORM
DIVISION OF APPRENTICESHIP STANDARDS
525 GOLDEN GATE AVENUE
SAN FRANCISCO, CA 94102
(415) 557-2950
ADDRESS REPLY TO:
P.O. BOX 603
SAN FRANCISCO, CA 94101
PUBLIC WORKS CONTRACT
AWARD NOTICES
To the Awarding Agency:
The Division of apprenticeship standards has computerized the Public Works Contract Award
Notices. We will appreciate your cooperation in using the enclosed "Extract of Public Works
Contract Award" (DAS 13, Rev. 7/85), to notify us of contracts that you award. Your sending us this
form will satisfy the requirements of Labor Code Section 1773.3. If you need additional copies, the
form can be photocopied or reproduced. It is not necessary to (and please does not) send us
copies of the contract.
Please be sure that all items on the form are completed. You will note that starting and
completion dates can be either actual or estimated. A contract or project number must be
assigned and entered Item 9.
If you have any questions concerning this matter, please feel free to contact the Public Works Unit
of the Division of Apprenticeship Standards at the above address or by telephone at (415) 5572950. Thank you for your assistance.
RITA TSUDA, Deputy Chief
Enclosure
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52
CHANGE ORDER
Order No. ___________________ Date ________________________
Contract Date _____________ Sheet __________ of _________
OWNER:
IDI Galzeley Brookfield Logistics Properties
Agency:
CITY OF PERRIS
Project:
HARLEY KNOX BOULEVARD AND REDLANDS BOULEVARD STREET IMPROVEMENT
PROJECT
Contractor: _____________________________________________________________
The following changes are hereby made to the Contract Documents:
JUSTIFICATION
CHANGE TO CONTRACT PRICE
Original Contract Price
$_________________
Current Contract Price adjusted by
Previous Change Order(s)
$_________________
Contract Price due to this Change Order
will be (decreased) (increased).
$_________________
New Contract Price including this
Change Order
$_________________
CHANGE TO CONTRACT TIME
Contract Time will be (increased)
(decreased)
Date for completion of all work
__________________
(Calendar Days)
__________________
(Date)
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53
APPROVALS REQUIRED
Approved by: _________________________Date_______________________
Recommended by:____________________ Date_______________________
Ordered by:
________________________Date _______________________
Accepted by: _________________________ Date _______________________
Federal Agency
Approval:
________________________Date _______________________
(Where Applicable)
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54
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT:________________________________________________________________
________________________________________________________________________
CONTRACTOR:____________________________________________________________
CONTRACT DATE:_________________________________________________________
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
To:
___________City of Perris/IDI Gazeley Brookfield Logistics Properties________
(AGENCY/OWNER)
And To: __________________________________
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER and CONTRACTOR and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on
........................
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be allinclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative
list shall be completed or corrected by CONTRACTOR within
days of the above dated of
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55
Substantial Completion.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance, and warranties shall be as follows:
OWNER:
________________________________________________________
________________________________________________________
________________________________________________________
CONTRACTOR:
__________________________________________________
__________________________________________________
__________________________________________________
The following documents are attached to and made a part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance
with the Contract Documents.
CONTRACTOR accepts this Certificate of Substantial Completion on ________________________,
2014.
__________________________________________
Contractor
By _______________________________________
___________________________________________
California Contractor License No.
OWNER accepts this Certificate of Substantial Completion on ______________________________,
2014.
CITY OF PERRIS___
By____________________________________________
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56
RELEASE FORM
NAME OF CONTRACTOR: ________________________________________
PROJECT DESCRIPTION: HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET
IMPROVEMENT PROJECT
PERIOD WORK PERFORMED: _______________________________________
Above named Contractor hereby acknowledges payment in full for all compensation of whatever
nature due the Contractor for all labor and materials furnished and for all work performed on the
above-referenced project for the period specified above with the exception of contract retention
amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD:
$
(words)
DISPUTED CLAIMS
DESCRIPTION OF CLAIM
AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may have of
whatever type of nature for the period specified which is not shown as a retention amount or a
disputed claim on this form. This release and waiver have been made voluntarily by Contractor
without any fraud, duress, or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period have been paid in full and that the parties signing
below on behalf of Contractor have express authority to execute this release.
____________________________________ Date __________________________ Printed Name
of Contractor
______________________________________
Describe Entity (Partnership, Corporation, etc.)
_______________________________________
California Contractor's License No.
By: ____________________________ By: ______________________________
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57
GENERAL PROVISIONS
The work embraced herein shall be done in accordance with the applicable portions of the
current edition of the “Greenbook Specifications for Public Works Construction” prepared and
promulgated by the Southern California Chapters of the American Public Works Association and
Associated General Contractors of California, except when said “Greenbook Specifications” are in
conflict with other contract documents.
The “General Provisions” contained in said “Greenbook Specifications” are by this reference
incorporated herein as the General Provisions of these contract documents, subject to the
following modifications and additions.
1. Section 2-3, “Subcontracts” Section 2-3 of said “Greenbook Specifications is amended
to read:
Unless otherwise provided in Section 4100.5 of the Government Code, each bidder
shall file with his bid the name and address of each subcontractor who will perform the
work or labor or render service to the prime Contractor in or about the construction of
the work or improvement and of each subcontractor, licensed by the State of
California, who specially fabricates and installs a portion of the work or improvement
according to detailed drawings contained in the plans and specifications, in an amount
in excess of one-half of one percent of the prime Contractor’s total bid. Only one
subcontractor shall be listed for each portion of the work, which portion shall be
defined in the bid. In each instance, the nature and extent of the work to be sublet
shall be described. The failure of the Contractor to specify a subcontractor, or the
listing of more than one subcontractor for the same portion of the work, constitutes an
agreement by the Contractor that he is fully qualified to perform that portion himself,
and that he shall perform that portion himself.
2. Section 3-4, “Changed Conditions” Section 3-4 of said “Greenbook Specifications” is
amended to read:
All loss or damage arising out of the nature of the work to be done under the contact,
or from any unforeseen obstructions or difficulties which may be encountered during
the progress of the work and in the prosecution of the same, or from the action of the
elements (except as otherwise provided in Section 6-6 hereof) or from encumbrances
on the line of the work, shall be sustained by the Contractor. In the event of a change
order, the prime contractor shall be allowed a maximum markup of 5% on any work
performed by a subcontractor.
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58
3. Section 4-1.1, “General” Section 4-1.1 of said “Greenbook Specifications” is amended
to read:
No materials, supplies or equipment for the work under this contract shall be
purchased subject to any chattel, mortgage or under a conditional sale contract or
other agreement by which an interest therein or any part thereof is retained by the
seller or supplier. The Contractor warrants clear and good title to all materials, supplies
and equipment installed and incorporated in the work, and agrees upon completion of
all work to deliver the premises, together with all improvements and appurtenances
constructed or placed thereon by him, to the City free from any claims, liens,
encumbrances or charges, and further agrees that neither he nor any person, firm, or
corporation furnishing any material or labor for any work covered by the contract shall
have any right to a lien upon the premises or any improvement or appurtenances
thereon, provided that this shall not preclude the Contractor from installing metering
devices or other equipment of utility companies the title of which is commonly
retained by the utility company. Nothing contained in this article, however, shall
defeat or impair the right of such persons furnishing materials or labor under any bond
given by the Contractor for their protection of any right under any law permitting such
persons to look to funds due the Contractor, in the hands of the City and Owner. The
provisions of this article shall be inserted in all subcontracts and material contracts, and
notices of its provisions and material contracts, and notices of its provisions shall be
given to all persons furnishing materials for the work when no formal contract is
entered into for such materials.
4. Section 6-9, “Liquidated Damages” Section 6-9 of said “Greenbook Specifications” is
amended to read:
It is agreed by the parties to the contract that in case all the work called for under the
contract in all parts and requirements is not finished or completed within the number
of calendar days as set forth in the contract, damage will be sustained by the Owner.
Because it is impracticable and extremely difficult to ascertain and determine the
actual damage which the Owner will sustain, in the event of and by reason of such
delay, it is therefore agreed that the Contractor will pay to the Owner $1,000 for each
and every calendar day’s delay in finishing the work in excess of the number of days
prescribed.
The Contractor agrees to pay said liquidated damages herein provided for, and further
agrees that the Owner may deduct the amount thereof from any monies due or that
may become due the Contractor under the contract.
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59
5. Section 7-2.2, ”Laws” Section 7-2.2 of said “Greenbook Specifications” is amended to
read:
The Contractor, his agents and employees, shall be bound by and comply with all
applicable provisions of the Labor Code and with Federal, State and local laws related
to labor. Particular attention is directed to:
A. Hours of Labor: Eight hours labor constitutes a legal day’s work. The Contractor
shall forfeit, as a penalty to the City, $25.00 for each worker employed in the
execution of the contract by the Contractor or any subcontractor under him for
each calendar day during which such worker is required or permitted to work more
than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of the Labor Code, and in particular, Section 1810 to
Section 1815, thereof, inclusive, except that work performed by employees shall be
permitted upon compensation for all hours worked in excess of 8 hours per day
and/or 40 hours per week at not less than one and one-half times the basic rate of
pay, as provided in said Section 1815.
B. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code,
which reads as follows:
“No discrimination shall be made in the employment of persons upon public works
because of the race, color, national origin or ancestry, or religion of such persons
and ever Contractor for public works violating this section is subject to all the
penalties imposed for a violation of this chapter”.
C. Prevailing Wage: The Contractor shall comply with Labor Code Section 1775. In
accordance with said Section 1775 the Contractor shall forfeit as a penalty to the
City, $25.00 for each calendar day or portion thereof, for each worker paid less
than the stipulated prevailing rates for such work or craft in which such worker is
employed for any work done under the contract by him or by any subcontractor
under him in violation of the provisions of the Labor Code and in particular, Labor
Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to
said Section 1775, the difference between such stipulated prevailing wage rates
and the amount paid to each worker was paid less than the stipulated prevailing
wage rate shall be paid to each worker by the Contractor.
Pursuant to the provisions of Section 1770 of the Labor Code of the State of
California, the City has ascertained the general prevailing rate of wages (Which rate
includes employer payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time, overtime, Saturday,
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Sunday and holiday work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the particular craft,
classification, or type of worker concerned. The Contractor shall pay travel and
subsistence payment to each worker as such payments are defined and required in
applicable collective bargaining agreements filled in connection with Labor Code
Section 1773.8.
The Owner will not recognize any claim for additional compensation because of the
payment by the Contractor of any wage in excess of the prevailing wage rate set
forth in the contract. The possibility of wage increases is one of the elements to be
considered by the Contractor in determining his bid, and will not under any
circumstances by considered as the basis of a claim against the City on the contract.
D. Contractor’s Licensing Laws: Attention is directed to the provisions of Chapter 9 of
Division 3 of the Business and Professions Code concerning the licensing of
Contractors.
E. Apprentices: Attention is directed to the provisions of Section 1777.5 and section
1777.6 of the labor code concerning the employment of apprentices by the
contractor or any such subcontractor under him. The Contractor and any
subcontractor under him shall comply with the requirements of said sections in the
employment of apprentices. Apprentices engaged in the work shall be employed
by the contractor or subcontractor only in strict conformity with applicable law,
rule or regulation governing the employment of apprentices, including without
limitation, Labor Code 1777.5. Employment of apprentices in violation of Labor
Code 1777.5 may result in the imposition of sanctions and penalties pursuant to
Labor Code 1777.7.
In the awarding of any contract or written order for any public work or
improvement, the Director of Public Works/City Engineer, or his/her designee, shall
require all contractors and subcontractors offering or agreeing to perform any work
on said public improvement to provide proof of participation as a signatory to a
recognized apprenticeship and/or training program under Chapter 4 (commencing
at Section 3070), Division 3, of the Labor Code of the State of California and
certified by the State of California Division of Apprenticeship Standards, where such
programs exist for the work to be performed.
They shall also provide information concerning their experience, financial
qualifications and ability to perform said contract or subcontract, as well as to
whether said contractor or subcontractor possesses, or can obtain the necessary
equipment in time to perform said contract or subcontract.
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Should the Director of Public Works/City Engineer, or his/her designee, determine
that said contractor or any subcontractor is not a signatory to a recognized
apprenticeship and/or training program under Chapter 4 (commencing at Section
3070). Division 3, of the Labor Code of the State of California and certified by the
State Division of Apprenticeship Standards, where such programs exist for the work
to be performed, or he/she does not possess the necessary experience and
financial qualifications to perform said contract or subcontract, or that he/she does
not possess, or cannot obtain in due time the necessary equipment to perform said
contract, the Director of Public Works Engineer, or his/her designee, may reject the
bid of any said contractor or subcontractor. If such determination affects only a
subcontractor then the Director of Public Works/City Engineer, or his/her designee,
may compel the contractor to substitute a subcontractor who is a signatory to a
recognized apprenticeship and/or training program under Chapter 4, (commencing
at Section 3070), Division 3, of the Labor Code of the State of California and
certified by the State of California Division of Apprenticeship Standards, where such
programs exist for the work to be performed, or who, in the opinion of the Director
of Public Works/City Engineer, or his/her designee, process the necessary
experience, financial qualifications, and equipment to perform said subcontract.
This section does not apply to contracts of general contractors or to contracts of
specialty contractors not bidding for work through a general or prime contractor
when the contracts of general contractors or those specialty contractors involve
less than thirty thousand dollars ($30,000.00).
6. Section 7-3, “Liability Insurance” Section 7-3 of said “Greenbook Specifications” is
amended to read:
7-3.1 “Contractor’s Liability and Insurance”
7-3.2 Contractor’s Liability: The Owner, The City, its Council, Engineer,
employees, Tri Lake Consultants or agents shall not be answerable or
accountable in any manner for any loss or damage that may happen to the
work or any part thereof, or for any of the materials or other things used or
employed in performing the work, or for injury or damage to any person or
persons, either workers employees of Contractor or its subcontractors or
the public, or for damage to adjoining or other property, from any cause
whatsoever arising out of or in connection with the performance of the
work, except willful misconduct of Owner, City, or its agents, servants, or
independent Contractors directly responsible to.
Contractor shall hold the City of Perris, its officers, agents and employees
free and harmless from any liability whatsoever, including wrongful death,
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based or asserted upon any act or omission of principal, its officers, agents,
employees or Sub-contractors relating to or in any way connected with or
arising from the accomplishment of the work, whether or not such acts or
omissions were in furtherance of the work required by the Contract
Documents and agrees to defend at his expense, including attorney fees,
Owner, City of Perris, its officers, agents, employees and independent
Architect in any legal action based on any such alleged acts or omissions.
The Certificate of Insurance supplied to the Owner shall name the Owner,
the City of Perris, its officers, employees, agents and independent
contractors as additional insured and specify that the Owner and the City of
Perris be given thirty (30) days prior written notice of any modification,
decrease or termination of the Contractor’s insurance coverage. Such
insurance shall be subject to approval by the Owner and the City of Perris.
A.
Contractor will defend any action or actions filed in connection with
any of said claims, damages, penalties, obligations or liabilities and
will pay all costs and expenses, including attorney’s fees incurred in
connection therewith.
B.
Contractor will promptly pay any judgment rendered against
Contractor of Owner and the City covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection
with such work, operations, or activities of Contractor hereunder
and Contractor agrees to save and hold the Owner and the City
harmless there from.
C.
In the event the Owner and City is made a party to any action or
proceeding filed or prosecuted against Contractor for such damages
or other claims arising out of or in connection with the work,
operation or activities of Contractor hereunder, Contractor agrees
to pay to the Owner and the City any and all costs and expenses
incurred by the Owner and the City in such action or proceeding
together with the reasonable attorney’s fees.
A portion of the money due to the Contractor, under and by virtue
of the contract as shall be considered necessary by the Owner, may
be retained by the Owner until disposition has been made of such
actions or claims for damages as aforesaid.
7-3.3 Liability Insurance: The Contractor shall not commence work under this
contract until he has obtained all insurance required hereunder in a
company or companies acceptable to the Owner and City nor shall the
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Contractor allow any subcontractor to commence work on his subcontract
until all insurance required of the subcontractor has been obtained. The
Contractor shall take out and maintain at all times during the lift of this
contract the following policies of insurance:
The Contractor shall provide the Owner and the City with a Certificate of
Insurance on City form evidencing a comprehensive liability insurance policy
(including completed operations coverage) with a combined single limit of
not less than $5,000,000 per occurrence/ $5,000,000 aggregate. The limits
may be met through the combination of a primary commercial general
liability policy and a “Following Form” umbrella liability policy.
(Comprehensive Personal Injury and Property Damage Liability Insurance, as
shown in Section 7-3 of latest edition including amendments of Greenbook
Specifications) in connection with the work performed.
The Contractor shall provide the Owner and the City with a Certificate of
Insurance on City form evidencing a commercial automobile liability
coverage insuring “all autos” with combined single limits of not less than
$1,000,000.
Each such policy of insurance shall:
A.
Be issued by an insurance company, approved in writing by the
Owner and the City, which is qualified to do business in the State of
California; with minimum A.M. Best insurance carrier ratings of not
less than A-/VII.
B.
Name and list as additional insurers the Owner and the City and the
persons and entities, if any, designated in the Special Provisions;
C.
Specify it acts as primary and non-Contributory insurance and that
no insurance held or owned by the designated additional insurers
shall be called upon to cover a loss under said policy;
D.
Contain a clause substantially in the following words:
“It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until (30)
days after receipt by the Owner and the City of a written notice of
such cancellation or reduction on coverage, as evidenced by receipt
of a registered letter”.
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E.
Otherwise by in form satisfactory to the Owner and the City.
7. Section 7-4, “Workers’ Compensation Insurance” Section 7-4 of said “Greenbook
Specifications is amended to read:
Before execution of the contract by the Board, the Contractor shall file with the
engineer the following certification:
“I am aware of, and will comply with, Section 3700 of the Labor Code by securing,
paying for, and maintaining in full force and effect for the duration of the contract,
complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance
to the engineer before execution of the contract”. The Owner, the City, its officers, or
employees, will not be responsible for any claims in law or equity occasioned by failure
of the Contractor to comply with this paragraph.
Said policy of insurance shall contain an endorsement which:
A.
Waives all right of subrogation against the Owner and City and any persons
and entities designated in the Special Provisions to be listed as additional
insurers in the policy of insurance provided for in Section 7-3.2 by reason of
any claim arising out of or connected with the operations of Contractor or any
subcontractor in performing the work provided for herein;
B.
Provides it shall not be cancelled or altered without thirty (30) days notice
thereof given to the Owner and the City by registered mail.
The Contractor shall require all subcontractors similarly to provide such compensation
insurance for their respective employees. Contractor shall maintain employer’s liability
limits of not less than $1,000,000.
8. Section 7-10.4.1, “Safety Orders” Section 7-10.4.1 of said “Greenbook Specifications” is
amended to read:
The Contractor shall have at the worksite, copies or suitable extracts of: Construction
Safety Orders, Tunnel Safety Orders, and General Industrial Safety Orders issued by the
State Division of Industrial Safety. He shall comply with provisions of these and all
other applicable laws, ordinances, and regulations, including but not limited to, the
Occupational Safety and Health Act of 1970 to which particular attention is directed.
He also shall have the latest edition of the “Work Area Traffic Control Handbook”
published by Building News, Inc.
9. Section 7-13, “Laws to Be Observed” Section 7-13 of said “Greenbook Specifications” is
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amended to read:
The Contractor shall keep himself fully informed of all existing and future State and
Federal laws and county and municipal ordinances and regulations which in any
manner affect those engaged or employed in the work, or the materials used in the
work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies of tribunals having any jurisdiction or authority over same. He shall
at all times observe and comply with, and shall cause all his agents and employees to
observe and comply with all such existing and future laws, ordinances, regulations,
orders, and decrees of bodies or tribunals having any authority over the work; and shall
protect and indemnify the City and all officers and employees thereof connected with
the work, including but not limited to the Engineer, against any claim or liability arising
from or based on the violation of any such law, ordinance, regulation, order or decree,
whether by himself or his employees. If any discrepancy or inconsistency is discovered
in the plans, drawings, specifications, or contract for the work in relation to any such
law, ordinance, regulation, order or decree the Contractor shall forthwith report the
same to the engineer in writing.
10. Section 9-3, “Payment” Section 9-3 of said “Greenbook Specifications” is amended to
read:
Upon the written request of the Contractor, delivered to the Owner at least ten (10)
days in advance, and at the sole cost and expense of the Contractor, the Contractor
may substitute securities for any monies held by the Owner to ensure the performance
of the Contractor hereunder. The securities proposed to be substituted shall be
specifically identified in the Contractor’s notice, shall be limited to those listed in
Government Code Section 16430 and to bank or savings and loan certificates of
deposit, and shall be of the market value (as determined by the Owner or the Finance
Director of the City) at least equal to the amount of money withheld by the Owner.
Upon the approval of the proposed substitution by the Owner, the securities may be
deposited with the Owner or with a State or Federally charted bank approved by the
Owner as the escrow agent of the parties. The Contractor shall be the beneficial owner
of these securities and shall receive interest thereon.
Section 9-3.2 of said “Greenbook Specifications” shall be amended to read:
PARTIAL PAYMENTS: At the request of the Contractor, partial payments will be made
on a monthly basis. The Progress Payments will be made on a monthly basis. The
Progress Payment request shall be submitted on or before the 20th day of each month.
The estimate may include only work completed up to and including this date. Progress
pay requests showing work not accomplished by the 20th day of the month shall be
rejected.
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11. Section 10, “Other Provisions” Section 10 is added to said “Greenbook Specifications”
to read:
10.1
Responsibility for Work. Until the formal acceptance of the work by the Owner
and City, the Contractor shall have the charge and care thereof and shall bear
the risk of injury or damage to any part thereof and shall bear the risk of injury
or damage to any part thereof by the action of the execution or from the nonexecution of the work. The Contractor shall rebuild, repair, restore, and make
good all injuries or damages to any portion of the work occasioned by any of
the above before its completion and acceptance and shall bear the expense
thereof, except for such injuries or damages as are occasioned by acts of the
federal government or the public enemy. In case of suspension of work from
any cause whatever, the Contractor shall be responsible for all materials and
shall properly store them if necessary and shall erect temporary structure
where necessary.
Any other provisions of this contract to the contrary notwithstanding, to the
extent required by Chapter 2.5 (commencing with Section 4150) of Division 5 of
Title I of the Government Code, the Contractor shall not be responsible for the
cost of repairing, or restoring damage to the work caused by an act of God as
that phrase is defined in Government Code 4151(b).
The Owner and the City will not be held responsible for the care or protection
of any material or parts of the work prior to the final acceptance except as
expressly provided in these specifications. The Owner and the City will not be
responsible for any changes in the Contractor’s operations due to encountering
obstructions which may interfere with the work.
10.2
Provisions for Emergencies: Unusual conditions may arise on the work which
will require that immediate and unusual provision be made to protect the
public from danger or loss or damage to life and property, due directly or
indirectly to the prosecution of the work, and it is part of the service required of
the Contractor to make such provisions and to furnish such protection.
The Contractor shall use such foresight and shall take such steps and
precautions as his operations make necessary to protect the public from danger
or damage, or loss of life or property, which would result from the interruption
or contamination of public water supply, irrigation or other public service, or
from the failure of partly completed work.
Whenever, in the opinion of the engineer, an emergency exists against which
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the Contractor has not taken sufficient precaution for the safety of the public or
the protection of utilities or of adjacent structures or property which may be
injured by process of construction on account of such neglect; and whenever in
the opinion of the engineer, immediate action shall be considered necessary in
order to protect the public or private, personal or property interests, or prevent
likely loss of human life or damage on account of the operations under the
contract, then and in the event the Engineer may provide suitable protection to
said interest by causing such work to be done and material to be furnished as,
in the opinion of the engineer, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and
expense of such repairs as may be deemed necessary, shall be borne by the
Contractor, and if he shall not pay said cost and expense upon presentation of
the bills therefore, duly certified by the engineer, then said cost and expense
will be paid by the Owner and shall thereafter be deducted from any amounts
due, or which become due said Contractor. Failure of the Owner and the City,
however, to take such precautionary measure, shall not relieve the Contractor
of his full responsibility for public safety.
The foregoing provisions are in additional to and not in limitation of any other
rights or remedies available to the Owner and the City.
10.3
Guarantees: Besides guarantees required elsewhere, the Contractor shall and
hereby does guarantee all work for a period of one (1) year after the date of
acceptance of the work by the Owner and the City and shall repair and replace
any and all such work by the Owner and City and shall repair and replace any
and all such work, together with any other work which may be displaced in so
doing, that may prove defective in workmanship and/or materials within the
one (1) year period from date of acceptance, without any expense whatsoever
to the Owner and City, ordinary wear and tear and unusual abuse or neglect
excepted. In the event of failure to comply with the above mentioned
conditions within a week after being notified in writing, the Owner and the City
hereby authorized to proceed to have the defects repaired and made good at
the expense of the Contractor, who hereby agrees to pay the cost and charges
therefore immediately on demand.
12. Section 11, “Environmental Provisions” The Contractor shall, as appropriate, comply
with all provisions of Public Contracts Code Section 7104 (SB1470). The requirements
of this code are summarized as follows: In the event Contractor is required to dig any
trench or excavation that extends deeper than four feet below the surface in order to
perform the work authorized under this contact, Contractor agrees to promptly notify
Owner and City in writing and before further disturbing the site if any of the conditions
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set forth below are discovered:
(1) Material that the Contractor believes may be material that is hazardous waste, 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 the
provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) Unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in the work
of the character provided for in this Contract.
(a)
Owner and City agrees to promptly investigate the conditions, and if Owner
and City find that the conditions do materially differ, or do involve
hazardous waste, and cause a decrease or increase in Contractor’s cost of,
or the time required for, performance of any part of the work, shall issue a
change order under the procedures described in this Contract.
(b)
That, in the event a dispute arises between Owner/City and Contractor as to
whether the conditions materially differ, or involve hazardous waste, or
cause a decrease or increase in Contractor’s cost of, or time required for,
performance of any part of the work, Contractor shall not be excused from
any scheduled completion date provided for in this Contract, but shall
proceed with all work to be performed under the Contract.
Contractor shall retain any and all rights provided either by this contract or by law
which pertain to the resolution of disputes and protests between contracting parties.
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STANDARD PROVISIONS
PART I - STANDARD CONDITIONS
SP-1-1.00 GENERAL — It is the intent of the General Provisions, Special Provisions, the
plans referred to herein and other documents comprising the contract for the Contractor to
provide for and include all labor, materials, equipment, plant, tools, transportation, insurance,
bonds, sales taxes, permits, temporary protection, traffic control, watchmen, superintendence and
other work necessary to construct and complete all work specified herein, including all addenda
and change orders.
The contract documents are complementary, and a requirement in one is as binding as though
occurring in all. They are intended to be cooperative, to describe and provide for a complete work.
SP-1-1.01 STANDARD SPECIFICATIONS — The specifications entitled, Standard
Specifications for the State of California Department of Transportation, as amended, in the
General Provisions of these Specifications, shall hereinafter be referred to as the Standard
Specifications. These shall be the most recent version published.
All work shall meet all requirements applicable of Federal, State, County and City regulations and
codes governing safety, health, welfare, dust and sound control.
SP-1-1.02 DEFINITIONS — Attention is invited to the provisions of Section 1 — "Terms,
Definitions, Abbreviations and Symbols", of the Standard Specifications and these Special
Provisions. Whenever in the contract documents, the following terms are used, the intent and
meaning shall be interpreted as follows:
OWNER
IDI Gazeley Brookfield Logistics Properties
AGENCY
City of Perris
BOARD
City Council of the
City of Perris
DEPARTMENT
California State
Department of Transportation (Caltrans)
CITY ENGINEER
The City Engineer of City of Perris
his properly authorized agents, such agent
acting within the scope of
The particular duties entrusted to them.
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ENGINEER
Albert A. Webb Associates
BID ADMIN. ENGINEER
Albert A. Webb Associates
STATE, STATE OF CALIFORNIA
City of Perris
DIRECTOR OF PUBLIC WORKS
Director of Public Works/City Engineer
of the City of Perris
LABORATORY
The laboratory to be designated by the Owner
to test materials and work involved in the
contract.
NOTICE TO CONTRACTORS
Notice Inviting Bids.
Other terms appearing in the plans, Standard Specifications and in these Special Provisions shall
have the same intent and meaning specified in Section 1-2, "Definitions", of the Standard
Specifications.
SP-1-1.03 EXAMINATION OF PREMISES — Before bidding on this work, all prospective
bidders shall make a careful examination of the jobsite and shall thoroughly familiarize themselves
with the requirements of the Contract. By the act of submitting a proposal for the work, the
contractor shall be deemed to have made such study and examination and that he is familiar with
and accepts all conditions of the site.
SP-1-2.00 SCOPE AND CONTROL OF THE WORK — Attention is invited to the provisions of
Section 2 of the Standard Specifications, the amendments in the General Provisions herein and
these Special Provisions.
SP-1-2.01 PLANS AND SPECIFICATIONS — Attention is invited to the provisions of Section
2-5, "Plans and Specifications", of the Standard Specifications and these Special Provisions.
The Specifications, drawings, Special Provisions, Standard Specifications, Riverside County Road
Improvement Standards, Riverside County Flood Control Standards, EMWD Standards, and all
supplementary documents are essential parts of the contract, and a requirement in one is as
binding as though occurring in all. They are intended to be cooperative, to describe and provide
for a complete work.
If, however, the provisions within the documents comprising the contract are in conflict, the most
stringent in the opinion of the Engineer shall apply.
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Also, provide and maintain in good order at one's work site, a complete set of contract prints. All
changes to the contract shall be clearly recorded on this set of prints. At the end of the project, the
contractor shall transfer all changes to one (1) set of prints for submission to the City Engineer.
SP-1-2.02 SCHEME OF WORK — The work contemplated in the project consists of
furnishing labor, materials, services and equipment for the work described in these Special
Provisions, shown on the plans and delineated in the specifications of this project.
SP-1-2.03 STANDARD PLANS — All work shall conform to the Caltrans Standards and shall
be considered a part of these plans, and shall be on the jobsite during the entire duration of
construction.
SP-1-2.04 TIME LIMIT — The work specified herein shall be completed within one hundred
eighty (180) calendar days after commencement date given in the Notice to Proceed for
construction.
SP-1-2.05 AWARD AND EXECUTION OF CONTRACT — The bidder's attention is directed to
the provisions of the Information for Bidders and to these Special Provisions for the requirements
and conditions concerning award and execution of the Contract. A guaranty form to be signed and
delivered to the Agency before acceptance is included in the proposal.
The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose
proposal complies with all the requirements described. The award, if made, will be made within
forty-five (45) days after the opening of the bids. All bids will be compared on the basis of the
Engineer's estimate of quantities of work to be done.
THE OWNER AND THE CITY RESERVE THE RIGHT TO REJECT ANY OR ALL BIDS.
All bonds in the amounts stipulated in the Information for Bidders shall be furnished by the bidder
to whom the contract has been awarded and at this own cost and expense. Whenever the Owner
and the City of Perris have cause to believe that any such bond has become insufficient, a demand
in writing may be made of the contractor for such further or additional bond as is considered
necessary, considering the extend of the work remaining to be done. Thereafter, no payment shall
be made upon such Contract to the contractor or any assignee of the contractor until such further
or additional bond has been furnished.
Before commencing any work, the contractor shall obtain insurance required under the General
Provisions of these Specifications and show proof of same. Contractor shall not allow any
subcontractor to work until similar insurance required of the subcontractor has been obtained and
approved by the General Contractor.
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The contractor shall, in providing the insurance as provided in Sections 6 and 7 of the General
Provisions, include as a provision of the insurance policy, a clause substantially in the following
language:
It is hereby understood and agreed that this policy may not be canceled nor the
amount of the coverage thereof reduced except upon thirty (30) days prior to written
notice to the Owner and the City as evidenced by receipt of a registered letter. The
insurance policy shall also specify that it is primary insurance and that any insurance
held or owned by the designated additional insureds shall be excess thereto and shall
not be called upon to cover a loss under said policy.
SP-1-2.06 AUTHORITY OF THE CITY ENGINEER — The Engineer shall decide all questions as
to the quality or acceptability of the work performed and to the manner or performance and rate
of progress of the work, all questions as to the acceptable fulfillment of the contract on the part of
the contractor, and all questions as to compensation. His decision shall be final and he shall have
authority to enforce and make effective such decisions and orders which the contractor fails to
carry out promptly. Attention is invited to the provisions of Section 2-10 of the Standard
Specifications.
SP-1-2.07 SUBCONTRACT — Attention is directed to the provisions of Section 2-3,
"Subcontracts", of the Standard Specifications as amended in the General Provisions herein and
these Special Provisions.
A sheet for listing subcontractors, as required, is included in the proposal.
The Contract documents shall not create any contractual relation between any subcontractor and
the Owner/City. Contractor agrees that he is fully responsible to the Owner and City for the acts
and omissions of his subcontractors and of persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly employed by him.
SP-1-3.00 CHANGES IN WORK — All changes in the work, whether requested by the
contractor, initiated by the Owner and City and/or caused by changed conditions, shall be
undertaken only after the issuance of a change order by the Engineer. Attention is invited to
Section 3 of the Standard Specifications and the provisions of Paragraph 2 of the General
Provisions. In the event of a change order, Contractor shall provide an itemized estimate prior to
City approval of the change order. Mark up of the prime contractor on sub-contractor work shall
not exceed 5%.
SP-1-4.00 CONTROL OF MATERIALS AND WORKMANSHIP — All materials, parts and
equipment furnished by the Contractor in the work shall be new, high grade and free from defects.
Quality of work shall be in accordance with generally accepted standards. Attention is invited to
Section 4 of the Standard Specifications and the provisions of Paragraph 3 of the General
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Provisions. No used or secondhand materials, parts and equipment shall be incorporated in the
project unless specifically permitted in writing by the Engineer.
SP-1-4.01 TESTS OF MATERIALS AND WORKMANSHIP — All materials shall first be tested
and satisfactorily passed in accordance with the requirements of the plans and these
specifications, before incorporating said material in the work. Materials placed otherwise shall be
considered defective and will be subject to rejection. The cost of testing of materials and
workmanship shall be paid by the Owner. The cost of re-testing of materials and workmanship
shall be at the expense of the contractor. The contractor, at his expense, shall deliver materials for
testing to the place and at the time designated by the Engineer. Attention is invited to Section 41.4, "Test of Materials", of the Standard Specifications.
SP-1-4.02 LABORATORY — The Owner shall make all arrangements and designate a
laboratory to conduct the test requirements for the project. The contractor shall render all
necessary assistance to the personnel of said laboratory to facilitate the inspection and testing of
materials. Request for inspection and/or testing shall be made at least twenty-four (24) hours in
advance.
SP-1-5.00 UTILITIES — The existence and location of utility structures and facilities are
shown on the plans or in the Special Provisions according to records and information available to
the Engineer. Attention is called to the fact of the possible existence of other utility facilities or
structures not known to the Engineer or in a location different from that shown on the plans or in
the Special Provisions. The contractor is required to ascertain the location of all underground
utility structures and facilities prior to doing work that may damage such structures and facilities,
including those not shown, or interfere with their service and to take such precautionary measures
in the course of said work to prevent such damage or interference. Attention is invited to Section
5 of the Standard Specifications. If the contractor, while performing the work under the contract,
discovers utility structures or facilities not identified in the plans or specifications or shown
differently, he shall immediately notify the Engineer in writing of such discovery and allow the City
48 hours to advise. Contractor shall continue with his work on other areas and provide utility
purveyors adequate time to resolve the conflict or continue work if in the opinion of the Owner,
the City, and the Engineer, and utility purveyors, the construction will not impact these utilities.
SP-1-6.00 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK — Attention is
invited to Section 6 of the Standard Specifications and these Special Provisions.
SP-1-6.01 PROGRESS SCHEDULE — After notification of award and prior to starting any
work, the contractor shall submit to the Engineer for approval his proposed construction schedule.
Attention is invited to Section 6-1 of the Standard Specifications. The proposed construction
schedule shall be submitted on or before the date set for the preconstruction meeting between
Owner and contractor's staff and representatives of utility companies.
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SP-1-6.02 BEGINNING OF WORK — The contractor shall begin work 10 days after Notice to
Proceed.
SP-1-6.03 TIME OF COMPLETION — The contract time shall commence upon the date of
issuance of the Notice to Proceed and shall continue for a period stated in the Proposal. The
contractor shall diligently prosecute the project and complete all work within the contract time.
Contractor agrees that failure to complete the project within the contract time shall subject him to
the liquidated damages provided herein. Attention is invited to Section 6-7 of the Standard
Specifications.
SP-1-6.04 PROSECUTION OF WORK — The contractor shall give his personal attention to
the fulfillment of the contract and shall keep the work under his control. All persons engaged in
the project shall be considered by the Owner and City as employees of the contractor and he shall
be held responsible for their work subject to the provisions of the contract and specifications. The
contractor shall prosecute the work vigorously and diligently until completed with the minimum
inconvenience and hazard to the public. Streets and other improvements in the work area shall be
restored to their original condition and former state of usefulness as soon as practicable.
Attention is invited to the provisions of Section 6-2 of the Standard Specifications.
SP-1-6.05 TEMPORARY SUSPENSION OF WORK — The Engineer and/or it’s representative
shall have the authority to suspend the work wholly, or in part, for such period as he may deem
necessary due to unsuitable weather or to such other conditions as are considered unfavorable for
the suitable prosecution of the work, or for such time as he may deem necessary due to the failure
on the part of the contractor to carry out orders given, or to perform the work in accordance with
these Specifications. The contractor shall immediately comply with the written order of the
Engineer to suspend the work wholly or in part. The work shall be resumed when conditions are
favorable and methods are corrected, as ordered or approved in writing by the Engineer.
In the event of a suspension of work under any of the conditions above set forth such suspension
of work shall not relieve the contractor of his responsibilities as set forth under these
Specifications.
SP-1-6.06 SUSPENSION OF CONTRACT — If at any time in the opinion of the Engineer, the
contractor has failed to supply adequate working force or material of proper quality or has failed in
any other respect to prosecute the work with the diligence and force specified and intended in and
by the terms of the contract, notice thereof in writing will be served upon him; and should he
neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by
the Engineer, within the time specified in such notice, the Owner and the City in any such case
shall have the power to suspend the operation of the contract.
Attention is invited to the provisions of Section 6-3 of the Standard Specifications. Upon receiving
notice of such suspension, the contractor shall discontinue said work, or such parts of it as the
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Owner and City may designate. Upon such suspension the contractor's control shall terminate and
thereupon the Owner or its duly authorized representative may take possession of all or any part
of the contractor's materials, tools, equipment and appliances upon the premises, and use the
same for the purpose of completing said contract, and hire such force and buy or rent such
additional machinery, tools, equipment and appliances at the contractor's expense as may be
necessary for the proper conduct of the work and for completion, employ other parties to carry
the contract to completion, or may employ the necessary workman, substitute other machinery or
materials, and purchase the materials contracted for, in such manner as the Owner and the City
may deem proper; or the Owner and City may annul and cancel the contract and relate the work or
any part thereof. Any excess cost arising there from over and above the contract price shall be
charged against the contractor and his sureties, who shall be liable therefore. In the event of such
suspensions, all monies due the contractor or retained under the terms of this contract shall be
forfeited to the Owner and the City; but such forfeiture shall not release the contractor or his
sureties from liability for failure to fulfill the contract. The contractor and his sureties shall be
credited with the amount of money so forfeited toward any excess of cost over the above contract
price, arising from the suspension of the operation of the Contract and the completion of the work
by the Owner and the City as above provided, and the contractor shall be so credited with any
surplus remaining after all just claims for such completion have been paid.
In the determination of the question whether there has been any such noncompliance with the
contract as to warrant the suspension or annulment thereof, the decision of the Owner and City
Council shall be binding on all parties to the contract.
SP-1-6.07 TERMINATION OF CONTRACT — Subject to all applicable provisions of these
specifications and/or the contract, the Owner is hereby empowered to direct the time and
date of delivery of materials at the site of work and direct the time, rate and sequence of work.
If contractor fails to begin delivery of material and equipment or to commence work within
the time specified in the contract, or to maintain the rates of delivery of material, or to execute
the work in a manner and at such locations as directed by the Owner, or fails to maintain the
approved progress schedule in such manner as well, in the judgment of the Owner, inure to the
interests of the Owner and the City, or, if in the judgment of the Owner, the contractor is not
carrying out the provisions of the contract in their true intent and meaning, written notice by
the Owner may be served upon him and the Surety on his faithful performance bond
demanding a satisfactory compliance with the contract, and with these specifications. If the
contractor and/or his Surety refuses or neglects to comply with such notice within five (5) days
after receiving same, or after commencing so to do, fails to continue so to do, or has assigned
or sublet the contract without the consent of the Owner, then the Owner may exclude him
from the premises and take possession thereof, together with all material and equipment
thereon, and may complete the work itself, either by force account, or by letting the unfinished
portion of the work to another contractor or by a combination of such methods. In any event,
the cost of the completion of said work shall be a charge against the contractor and his Surety
and may be deducted from any money due or becoming due from the Owner, and if the sums
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due under the contract are insufficient, said contractor and/or his Surety shall pay to the
Owner within five (5) days after the completion of the work all of such cost in excess of the
contract price.
The Surety, in the event that it assumes part of the work, shall take the contractor's place in this
contract in all respects for that part and shall be paid by the Owner for all work performed by it in
accordance with the terms of this contract. If the Surety assumes the entire contract, all monies
remaining due the contractor at the time of his default shall be made payable to the Surety as the
work progresses, subject to the terms of the contract.
SP-1-6.08 LIQUIDATED DAMAGES — It is hereby understood and mutually agreed by and
between the contractor and the Owner, that the date of beginning and the time of completion as
specified in the contract of the work to be done hereunder are essential conditions of this
contract. Attention is invited to Section 6-9 of the Standard Specifications as amended in
Paragraph 4 of the General Provisions.
The contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly
at such rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed, by and between the contractor and the Owner, that the time for
the completion of the work described herein is a reasonable time for the completion of the same,
taking into consideration the average climatic range and usual industrial conditions prevailing in
this locality. If the said contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Owner, then the contractor does
hereby agree, as a part consideration for the awarding this contract, to pay to the Owner amount
of liquidated damages stipulated in Paragraph 4 of the General Provisions for each and every
calendar day that the contractor shall be in default after the time stipulated in the contract for
completing the work, not as a penalty but as liquidated damages for such breach of contract as
hereinafter set forth.
The said amount is fixed and agreed upon by and between the contractor and the Owner because
of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the
Owner would in such event sustain, and said amount agreed to be the amount of damages which
the Owner would sustain and said amount shall be retained from time to time by the Owner from
current periodical estimates.
SP-1-7.00 RESPONSIBILITIES OF THE CONTRACTOR — Attention is invited to Section 7 of
the Standard Specifications as amended in the General Provisions and the provisions of these
Special Provisions. The contractor shall keep himself fully informed of all existing and future State
and Federal laws and county and municipal ordinances and regulations which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in any way
affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same. He shall at all times observe and comply with, and shall
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cause all his agents and employees to observe comply with all such existing and future laws,
ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or
authority over the work; and shall protect and indemnify the Owner and the City, and all officers
and employees thereof connected with the work, including but not limited to the Engineer, against
any claim or liability arising from or based on the violation of any such law, ordinances, regulation,
order, or decree, whether by himself or his employees. If any discrepancy or inconsistency is
discovered in the plans, drawing, specifications, or contract for the work in relation to any such
law, ordinance, regulation, order or decree, the contractor shall forthwith report the same to the
Engineer in writing.
SP-1-7.01 ASSUMPTION OF RISK — During the progress of the work, the Owner and the
City of Perris will not be answerable or accountable in any manner for any loss or damage that may
happen to the work or any part thereof; or for any of the materials or other things used or
employed in performing the work; or for injury to any person or persons, either workmen or the
public; for damage to adjoining property from any cause which might have been prevented by the
contractor, or his workmen, or anyone employed by him; against all of which injuries or damages
to persons and property the contractor having control over such work must properly guard. The
contractor shall be responsible for any damage to any person or property resulting from defects or
obstructions or from any causes whatsoever during the progress of the work or at any time before
its completion and final acceptance, and shall indemnify and save harmless the Owner, and the
City of Perris and/or its officers and/or its employees from all suits or actions of every name and
description, brought for, or on account of any injuries or damages received or sustained by any
person or persons, by or from the Contractor, his servants or agents, in the construction of the
work or by or in consequence of any negligence in guarding the same, in improper materials used
in its construction, or by or on account of any act or omission of the contractor or his agents.
SP-1-7.02 LABOR — Attention is invited to the provisions of Section 7-2 of the Standard
Specifications as amended in Paragraph 5 of the General Provisions.
SP-1-7.03 LIABILITY INSURANCE — Attention is invited to the provisions of Section 7-3 of
the Standard Specifications as amended in Paragraph 6 of the General Provisions. The Contractor
shall, as provided in Paragraph 6 of the General Provisions maintain public liability, vehicle liability
and property damage insurance, and bodily injury insurance per Section 7-3 of the Standard
Specifications and as shown in this specification.
SP-1-7.04 WORKER'S COMPENSATION INSURANCE — Attention is invited to the provisions
of Section 7-4 of the Standard Specifications as amended in Paragraph 7 of the General Provisions.
SP-1-7.05 PERMITS AND INSPECTION — The contractor shall obtain an Encroachment
Permit before proceeding with any work on the project.
The contractor shall call for inspections at the different stages of the work as required by the
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Owner’s Inspector and City of Perris Public Works Inspector. Any portion of the project completed
without these required inspections shall be considered as defective and the Owner and the City
reserve the right to reject the affected portion of the work. The contractor shall remove rejected
portion of the work upon instruction by the Owner and City without additional compensation.
City inspectors work from 7:00 a.m. until 5:00 p.m., Monday through Friday
(normal working hours). Inspections outside these hours and legal holidays may be available
through appointments approved by City Engineer only, and inspector's time will be billed to the
contractor at the rate of $120.00 per hour. The Owner will be not responsible for paying for
inspection outside City inspector’s normal working hours.
SP-1-7.06 CONTRACTOR'S REPRESENTATIVE — On or before the preconstruction meeting,
the contractor shall designate, in writing, a representative who shall have complete authority to
act for him. An alternate representative may also be designated. The representative or alternate
shall be present at all times at the worksite whenever work is in progress or whenever actions of
the elements require his presence to take measures necessary to protect the work, persons or
property. Attention is invited to Section 7-6 of the Standard Specifications.
SP-1-7.07 COOPERATION AND COLLATERAL WORK — Attention is directed to Section 7-7
of the Standard Specifications and these Special Provisions.
Construction work by other contractors may be underway within or adjacent to the worksite
specified herein. For this reason, the contractor shall cooperate with all such other contractors to
the end that any delay or hindrance to their work shall be avoided, or conduct his operations in
such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor
shall be responsible to the other for all damage to work, to persons or property caused to the
other by his operations, and for loss caused the other due to his unnecessary delays or failure to
finish work within the time specified for completion. The Engineer reserves the right to direct the
contractor to perform other or additional work at the worksite at any time in order to better
coordinate the different activities on the entire project.
It is anticipated that existing utilities will not interfere with the contractor's operations. However,
the contractor shall exercise due care to insure that these utility facilities are not damaged during
his operations. The contractor shall call Underground Service Alert (U.S.A.), 800-227-2600, twentyfour (24) hours prior to performing any excavation on this project.
The utility locations shown on the plans are correct to the best of our knowledge. When in doubt,
the contractor shall contact utility concerned before proceeding further. The agencies below may
be contacted at the following telephone numbers:
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AGENCY
TELEPHONE NUMBER
Southern California Edison Company
Southern California Gas Company
City of Perris Water Department
Eastern Municipal Water District
Verizon
Inland Valley Cablevision
Paragon Communications
(951) 925-5999
(800) 662-9777
(951) 657-3280
(951) 928-3777
(800) 483-5000
(951) 652-0020
(714) 379-3376
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
SP-1-7.08 PROJECT APPEARANCE — The contractor shall maintain a neat appearance to
the work. Attention is invited to Section 7-8 of the Standard Specifications.
In any area visible to the public, the following shall apply:
Broken asphalt concrete, aggregate base and debris developed during removals,
shall be disposed of concurrently with its removal.
Dust caused by the passage of public traffic through the work shall be considered as
resulting from the contractor's performance of the work.
Whenever the contractor fails to control dust resulting from the performance of
the work, the Engineer may cause such dust to be controlled and costs thereby
incurred shall be deducted from monies due or to become due the contractor.
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.
SP-1-7.09 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS — The Contract
shall take all necessary precautions to protect in place all existing medians, curb, sidewalk, trees,
plants, turf and irrigation lines, etc., not scheduled for removal. The entire cost of replacing and/or
repairing said existing improvements shall be borne by the contractor. Attention is directed to the
provisions of Section 7-0 of the Standard Specifications. Permit conditions, rules and regulations
of agencies having jurisdiction over the contractor's operations shall be strictly complied with.
The contractor shall protect existing improvements in place wherever possible. All existing
improvements which must be removed for construction shall be restored to an equal or better
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condition than that of the existing improvements removed or damaged. Restoration of existing
improvements shall be in accordance with the Plans and Specifications and all provisions of the
City of Perris Standard Plans.
The contractor shall preserve and protect from injury all buildings, pole lines and all direction,
warning and mileage signs which have been placed within the right-of-way.
Full compensation for the work involved in the preservation of property as above specified shall be
considered as included in the prices paid for the various contract items of work, and no additional
allowance will be made therefore.
SP-1-7.10 PUBLIC CONVENIENCE — The contractor shall so conduct his operations to offer
the least possible obstruction and inconvenience to the public or to the public traffic. Where
existing streets are not available for use as detours, unless otherwise provided in these Special
Provisions, all traffic shall be permitted to pass through the work.
Convenience of residents along the street or in the vicinity of the project site shall be provided for
as far as practicable. Convenience access to driveways, houses and buildings along the line of the
work shall be maintained and temporary approaches to crossings or intersecting streets shall be
provided and kept in good condition.
Full compensation for all work involved in providing for public convenience as set forth in this
section shall be considered as included in the prices paid for the various contract items of work
and no additional allowance will be made therefor.
SP-1-7.11 PUBLIC SAFETY — The contractor shall furnish, erect, and maintain such fences,
barriers, lights and signs as are necessary to give adequate warning to the public at all times that
the work is under construction and of any dangerous conditions to be encountered as a result
thereof in strict compliance with the latest edition of the "Work Area Traffic Control Handbook";
W.A.T.C.H. Attention is directed to Section 7-10.4 of the Standard Specifications as amended in
Paragraph 8 of the General Provisions. He shall also erect such warning and directional signs as
shown on plans and as requested by the Engineer. This shall include installing and maintaining all
items shown on the traffic control plans provided as part of the bid package.
All barricades shall be of substantial construction and painted in a distinctive color or manner so as
to be clearly visible to the approaching public.
Should the City place any warning lights or barricades to protect or warn the public of any
dangerous condition connected with contractor's operations, contractor shall become liable to the
City at the current rental rate per night for each lantern or warning light placed by the City, plus
actual labor, equipment rental and overhead costs, with a minimum charge of fifty ($50.00) dollars
per day for each obstruction or dangerous condition so barricaded or lighted.
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Trench excavation across traveled way or driveway, not more than four feet (4') wide may be
bridged across with steel plates of adequate thickness or with any other suitable means available
to the contractor for the purpose of temporarily maintaining traffic flow. The contractor shall
provide AC easements for both approaches of said temporary bridging to ensure a smooth ride
across and such other safety measures as may be directed by the Engineer. Public Safety shall be
of the primary concern and the contractor shall be responsible for eliminating all conceivable
hazards in providing such temporary passage. Prior approval by the Engineer is required.
The contractor shall conduct his operations such that fire hydrants, meter vaults, water and gas
shut-off valves, and similar facilities are not buried during the course of the work and so as to offer
the least possible obstruction and inconvenience to public traffic and to properties along the
construction areas.
The contractor shall have at the worksite applicable copies or extracts of Construction Safety
Orders.
All trenches next to the traveled way shall be protected from traffic at all times or shall be
sufficiently sloped per the inspector.
Full compensation for all work involved in providing for public safety as set forth this section shall
be considered as included in the prices paid for the various contract items of work and no
additional allowance will be made therefore.
SP-1-7.12 PUBLIC NOTICE — The Contractor shall notify the residents/businesses and
schools affected by construction in writing not less than 7 days in advance of commencement of
construction or storage of material upon the streets. The notice shall include but not be limited to:
1. The time and date of commencement.
2. A copy of the proposed construction schedule.
3. Date of completion.
In addition to the above, the Contractor shall notify all affected parties if work is to begin on new
portions of the project as work proceeds, especially if the work involves changes to the traffic
control system.
A copy of this notification shall be approved by the Engineer prior to its distribution. Personal vehicles
of the contractor's employees shall not be parked on the traveled way at any time, including any
section closed to public traffic.
When entering or leaving roadways carrying public traffic, the contractor's equipment, whether
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empty or loaded, shall in all cases yield to public traffic.
SP1-7.13 SOUND CONTROL REQUIREMENTS — If work is permitted for evening and
weekends and holidays, the noise level from the contractor's operations, between the hours of
8:00 p.m. and 6:00 a.m., shall not exceed 86 db at a distance of fifty (50') feet. This requirement in
no way relieves the contractor from the responsibility for complying with local ordinances
regulating noise level. All other times, noise level shall be in compliance with standards.
Said noise level requirement shall apply to all equipment on the job or related to the job, including
but not limited to trucks, transit mixers or transient equipment that may or may not be owned by
the contractor. The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
SP-1-7.14 LAWS TO BE OBSERVED — The contractor shall keep himself fully informed of
Stated and National laws and County and City ordinances and regulations which in any manner
affect those employed in the work or the materials used for the work or in any way affect the
conduct of work. Attention is directed to Section 7.13 of the Standard Specifications as amended
in Section 9 of the General Provisions.
SP-1-7.15 ADVANCE NOTIFICATION — It shall be the contractor's responsibility to
determine and notify those agencies requiring advance notification for inspection or other
purposes before beginning construction in any area of concern to said agency. A minimum of
forth-eight (48) hours advance notice shall be given to the various agencies before beginning
construction in the area, unless specific advance times and requirements are stated in these
detailed specifications or required by the agency.
The following entities shall be notified at least seventy-two (72) hours in advance of any street
closure or restriction to access by the contractor. Coordination of established service schedules
will be available to the contractor at the preconstruction meeting.
Southern California Edison Company
Southern California Gas Company
City of Perris Water Department
Eastern Municipal Water District
Verizon
Inland Valley Cablevision
Paragon Communications
Elsinore Valley Municipal Water District
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(909) 925-5999
(800) 662-9777
(909) 657-3280
(909) 928-3777
(800) 483-5000
(909) 652-0020
(714) 379-3376
(909) 674-3146
83
Any others that are determined by the City Engineer, as necessary to be notified.
SP-1-7.16 EXPOSURE OF UTILITIES IN ADVANCE OF WORK — It shall be the contractor's
responsibility to determine the true location and depth of all utilities and service connections
which may be affected by or affect the work. He shall also determine what type, material, and
condition of these utilities.
SP-1-7.17 INTERPRETATION OF DRAWINGS AND CONTRACT DOCUMENTS — If any person
contemplating to submit a bid for the proposed work is in doubt as to the correct and true
meaning of any part of the drawings, specifications, or other contract documents, or finds
discrepancies in, or omissions from the drawings or specifications, he may submit to the Engineer,
a written request for an interpretation or correction thereof. The person submitting the request
shall be responsible for its prompt delivery. Any interpretation or correction of the document in
question will be made by Addendum duly issued and a copy of such Addendum will be mailed or
delivered to the aforecited person as well as the other prospective bidders. THE ENGINEER WILL
NOT BE RESPONSIBLE FOR ANY OTHER EXPLANATION OR INTERPRETATION OF THE PLANS,
SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS.
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PART II STANDARD CONSTRUCTION DETAILS
SP-2-1.00 SCOPE OF WORK — The Contractor shall furnish, in accordance with the
specifications and drawings, all plant, labor, equipment and materials required for completion of
the HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT PROJECT.
SP-2-2.00 DRAWINGS — Contract drawings applicable to the work to be performed under
the contract are the drawings entitled:
Street Improvement Plans for Stratford Ranch – Parcel Map 36469
Amended DPR No. 11-12-0004
Signing & Striping and Traffic Signal Plans for Stratford Ranch – Parcel Map 36469
Amended DPR No. 11-12-0004
Temporary Traffic Control Plans for Stratford Ranch – Parcel Map 36469 - Amended DPR
No. 11-12-0004
Street Lighting Plans for Stratford Ranch – Parcel Map 36469 Development Plan No. 1112-004
Eastern Municipal Water District – Recycled Water Relocation Redlands Avenue & Harley
Knox Boulevard
Off-Site Landscape and Irrigation Plans – Redlands Avenue and Trail (30 Sheets Total)
SP-2-3.00 SITE OF THE WORK — Site of the work is in the City of Perris and County of
Riverside, California, HARLEY KNOX BOULEVARD AND REDLANDS AVENUE STREET IMPROVEMENT
PROJECT.
SP-2-4.00 TIME OF COMPLETION — The work shall be completed within one hundred
eighty (180) calendar days from the Notice to Proceed. The time stated for completion includes
final cleanup and any testing required. Additional days will be given for days classified as "rain
days" by the City Engineer. Please see SP-2-5.00 for special requirements.
SP-2-5.00 LIQUIDATED DAMAGES — As defined in Section 6-9 of the Standard
Specifications, the amount fixed for liquidated damages for delay in completion is $2,000.00 per
calendar day for each and every day over the time of completion that the project is not completed.
The Contractor shall complete street and storm drain improvements (except final asphalt concrete
pavement lift) on Harley Knox Boulevard and Redlands Avenue north Harley Knox Boulevard street
improvement prior to start construction on Redlands Boulevard south of Harley Knox Boulevard. The
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thereafter until such completion and that this amount shall be presumed to be the amount of damages
sustained by Owner in the event of such a breach by Bidder, as it would be impracticable or extremely
difficult to fix the actual damage.
Bidder shall complete street and storm drain improvements (except final asphalt concrete pavement lift)
on Redlands Avenue south of Harley Knox Boulevard within 80 Calendar days from Notice to Proceed.
Bidder agrees with the Owner that if the project is not fully completed within said time, he shall pay as
liquidated damages the sum of $2,000.00 (two thousand dollars) for each consecutive calendar day
thereafter until such completion and that this amount shall be presumed to be the amount of damages
sustained by Owner in the event of such a breach by Bidder, as it would be impracticable or extremely
difficult to fix the actual damage.
Bidder shall fully complete all work on or before the 180th calendar day from the Notice of Award date.
Bidder agrees with the Agency that if the project is not fully completed within said time, he shall pay as
liquidated damages the sum of $2,000.00 (two thousand dollars) for each consecutive calendar day
thereafter until such completion and that this amount shall be presumed to be the amount of damages
sustained by Agency in the event of such a breach by Bidder, as it would be impracticable or extremely
difficult to fix the actual damage.
SP-2-6.00 INSURANCE — The Contactor shall, as provided in Paragraph 6 of the General
Provisions maintain public liability, vehicle liability, and property damage insurance, and bodily
injury insurance per Section 7-3 of the Standard Specifications as shown in this specification.
SP-2-7.00 PRECONSTRUCTION CONFERENCE — The Contractor to whom the contract is
awarded shall attend a preconstruction conference at a location and time set by the Engineer.
SP-2-8.00 CONSTRUCTION MEETINGS — Construction meetings will be held at the jobsite
as required and as requested by the Contractor or the City Engineer to coordinate and discuss
construction activities. Details regarding jobsite meetings will be arranged at the preconstruction
conference.
SP-2-9.00 STANDARD SPECIFICATIONS — Specifications for work shall follow in order of:
A. Bid Specification Package
B. Standard Specifications
C. Public Works Construction Manual
D. Eastern Municipal Water District
References made to Standard Specifications shall mean the latest edition of the California
Standard Specifications together with supplements, as published by the California Department of
Transportation. Provisions for measurement and payment will not apply. In case of conflicts
between plans, specifications and the above standards, the most stringent in the opinion of the
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Engineer shall apply.
SP-2-10.00 SPECIFICATIONS AND DRAWINGS FURNISHED TO CONTRACTOR The Owner will
furnish to the successful Contractor, five (5) sets of specifications and drawings. Additional
quantities of specifications and drawings will be furnished at reproduction cost.
SP-2-11.00 SITE INSPECTION AND VERIFICATION OF EXISTING CONDITIONS — It shall be
the Contractor's responsibility to make all examinations, and field studies necessary, both surface
and sub-surface, to determine the character of materials and geologic and soils conditions that will
be encountered in the work and to fully determine all existing conditions affecting the project and
all related cost factors.
SP-2-12.00 SAFETY — In compliance with generally accepted construction practices, the
Contractor will be solely and completely responsible for conditions of the jobsite, including safety
of all persons and property during performance of the work. This requirement will apply
continuously and not be limited to normal working hours.
When performing underground work, Contractor shall call Underground Service Alert, (800) 2272600, the one-call underground facility locating service, two working days prior to beginning work
on the project. All underground facilities marked in response to the locating phone call shall be
hand-dug and exposed prior to any use of power equipment for excavation. If there is any
substantial discrepancy between the field locations of underground facilities and those locations
shown on the plans, the Contractor shall notify the Engineer prior to making an excavation.
SP-2-13.00 PROTECTION OF EXISTING FACILITIES — During the installation of work,
Contractor shall insure that existing facilities, fences and other structures are all adequately
protected, unless otherwise stated in the plans or specifications, and that, upon completion of all
work, all facilities that may have been damaged are restored to a condition acceptable to the
Owner, and no error or omission on said plans shall be construed to relieve the Contractor from
the responsibility of protecting any such pipe, conduit or other existing utility structure, fence or
structure.
SP-2-14.00 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK — The bidder shall
examine carefully the site of the work contemplated. The submission of a bid shall be conclusive
evidence that the bidder has investigated and is satisfied as to the conditions to be encountered as
to character, quality, and scope of work to be performed, the quantities of materials to be
furnished, and as to the requirements of the bid proposal, plans and specifications. When deemed
necessary by the Engineer, revisions of the contract drawings and additional detailed drawings will
be issued to the Contractor during the progress of the work.
The Contractor shall inform the Engineer a reasonable length of time in advance of the times and
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places at which he intends to work in order that inspection may be provided, and then the
necessary measurements for records and payments may be made with minimum inconvenience.
SP-2-15.00 COMPLIANCE WITH REGULATIONS — The Contractor shall familiarize himself
and comply with all applicable Federal, State, County and City and Special District rules and
regulations pertaining to the job and jobsite safety.
SP-2-16.00 POWER AND WATER SUPPLY — The Contractor shall provide, at his own
expense, all necessary power and water required for his operations under the contract. The
Contractor shall provide and maintain in good order such modern power equipment as shall be
adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the work
required by the contract.
SP-2-17.00 DUST ABATEMENT — The Contractor shall furnish all labor, equipment and
means required and shall carry out protective measures wherever and as often as necessary in the
opinion of the Engineer to prevent his operations from producing dust in amounts damaging to
property or causing nuisance. The Contractor shall be responsible for any damage resulting from
dust originating from his operations. The dust abatement measures shall be continued until all
required resurfacing is completed or until the Contractor has completed arrangements with the
proper authorities whereby he is relieved of further responsibility. Such arrangements shall be
approved by the Engineer prior to their completion. All compensation to be received for dust
abatement shall be included in the prices named for A.C. and Aggregate Base installation as shown
on the Bid Form.
SP-2-18.00 COOPERATION BETWEEN CONTRACTORS — The Contractor shall be required to
cooperate fully with all utility and public agency representatives engaged in construction,
relocation, altering or otherwise re-arranging any facilities interfering with the progress of the
work. Full compensation for any delay or inconvenience to the Contractor's operation due to such
operations as described above shall be considered included in the unit price paid for other items of
work and no additional allowance will be made therefore.
SP-2-19.00 DAILY CLEANUP AND ACCESS — At the completion of work each day, the
Contractor shall leave the work area in a clean, safe condition. Access to all adjacent properties
and driveways and intersections shall be maintained at all times.
SP-2-20.00 FINAL CLEANUP — After completion of all other work on the project, and
before making application for acceptance of the work, the Contractor shall clean the site of his
operations, including any areas under the control of the City that have been used by the
Contractor in connection with the work.
SP-2-21.00 MAINTENANCE AND GUARANTEE — As specified in Paragraph 10.3 of the
General Provisions, the Contractor shall guarantee the work constructed by him for a period of one
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year following date of acceptance by the Owner.
SP-2-22.00 PROTECTION OF THE PUBLIC — The following minimum restrictions shall be
maintained by the Contractor in the conduct of his work:
It is part of the service required of the Contractor to make whatever provisions are necessary to
protect the public. The Contractor shall use foresight and shall take such steps and precautions as
his operations warrant to protect the public from danger, loss of life or loss of property, or from
the failure of partially completed work or partially removed facilities. Conditions may arise on the
work which will require that immediate and unusual provisions be made to protect the public from
danger or loss, or damage to life and property, due directly or indirectly to prosecution of work
under this Contract.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has
not taken sufficient precaution for the public safety, protection of utilities and protection of
adjacent structures or property, which may be damaged by the Contractor's operations and when,
in the opinion of the Engineer, immediate action shall be considered necessary in order to protect
the public or property due to the Contractor's operations under this Contract, the Engineer will
order the Contractor to provide a remedy for the unsafe conditions.
If the Contractor fails to act on the situation within a reasonable time period, the Engineer may
provide suitable protection to said interest by causing such work to be done and material to be
furnished as, in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs
as are deemed necessary shall be borne by the Contractor. All expenses incurred by the Owner
and City for emergency repairs will be deducted from the progress payments and the final
payment due to the Contractor. However, if the Owner and City take such remedial measures, the
Contractor is not relieved of the full responsibility for public safety.
SP-2-23.00 TRAFFIC CONTROL (PUBLIC CONVENIENCE AND SAFETY) STREET CLOSURES,
DETOURS, BARRICADES — The Contractor shall comply with all applicable State, County, and City
requirements for work in the public right-of-way. The Contractor shall provide and maintain
barriers, guards, lights, signs, temporary bridges, pilot cards, arrow boards, message boards, flag
persons and watch persons, advising public detours and construction hazards per plans. The
Contractor shall also be responsible for compliance with additional safety requirements which may
arise during construction. The Contractor shall furnish and install, and upon completion of the
work, promptly remove all signs and warning devices. All work shall be accomplished in accordance
with the requirements specified in Subsection 7-10 of the Standard Specifications for “Public
Works Construction” latest edition.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective
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measures, the City Engineer or his representative may direct attention to the existence of a hazard
and necessary warning and protective measures shall be furnished and installed immediately by
the Contractor at his expense. Should the City Engineer or his representative point out the
inadequacy of warning and protective measures, such action on the part of the City Engineer shall
not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish
any pay for these devices. Thru traffic may be detoured and adequate signs posted. Local traffic (2ways) and access to existing driveways shall be maintained at all times.
The Contractor shall follow traffic control plans and may recommend changes to improve safety
and facilitate construction. Such recommendations shall be considered by City and if accepted shall
be implemented at no additional cost to the Owner. The Contractor shall place “No Parking
Anytime” signs 48 prior to construction at locations approved by the City Engineer; said signs shall
be of the size and type specified by the City Engineer. The Contactor is also responsible for
notifying all affected businesses and residents of his scheduled work and maintains full access to
all driveways and intersections.
HOURS OF WORK — Except where otherwise noted, all work shall normally be performed
between the hours of 7:00 a.m. and 5:00 p.m. on Monday thru Friday except holidays; however, no
street closure shall be permitted before 8:30 a.m. The Contractor shall obtain the approval of the
Engineer if he desires to work outside of the hours stated herein. The Contractor shall reimburse
the Owner for any inspection and material testing outside of the City’s normal working hours at
the rate of $120.00 per hour.
SP-2-24.00 CONTRACTOR'S RESPONSIBILITY — The Contractor shall be responsible to
adhere to these specifications as closely as possible. It is the Contractor's responsibility to confer
with the Engineer and to get a written agreement as to the necessary changes prior to performing
any work that is not in conformance with these specifications or the contract drawings.
SP-2-25.00 CONSTRUCTION AND ENCROACHMENT PERMITS — The Contractor and his
subs shall procure all permits and business licenses, pay all charges, fees and taxes, and give all
notices necessary and incidental to the due and lawful prosecution of the work. Any costs for
these fees and/or permits shall be included in the prices listed in the Bid Form.
It is the responsibility of the Contractor to contact the applicable agencies and make himself
knowledgeable and responsible to all their requirements. The Contractor shall, at no additional
cost to the City, construct the work in strict accordance with all agencies.
SP-2-26.00 DIRT/GRINDING EXPORT — The Contractor shall be responsible for the removal of
all excess dirt, grinding, or unsuitable materials, if any, created by the construction of the street
improvements within this project. The cost for this shall be considered included in other bid items.
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SP-2-27.00 DIRT IMPORT — The Contractor shall be responsible for the import of any dirt, if
required, for construction of the proposed street improvements within this project. The cost for
this shall be considered included in other bid items.
SP-2-28.00 COMPACTION — All fill, sub-base, base, under pavement, curb, gutter, and
sidewalk to be completed in place to 95% relative compaction except where specified otherwise.
The earthwork will be tested for compliance by a Registered Soils Engineer. The Owner at its
expense will provide the required soil testing with a minimum of 24 hours of advance notice of
need by the Contractor. Any testing by the Soils Engineer due to failure to achieve minimum
compaction will be paid for by the Contractor at a rate of $100.00 per test.
SP-2-29.00 CONSTRUCTION DETOUR AND TRAFFIC CONTROL — Two way access to residents
and business shall be maintained at all times during construction. The Contractor shall provide all
signage, barricades, flaggers, and warning devices necessary to adequately protect the public,
through traffic and the Contractor’s workers and equipment.
SP-2-30.00 CONSTRUCTION SURVEY STAKING — The Owner will be responsible to supply
construction staking. The Contractor will be required to pay for any re-staking required. Owner
shall stake all new curb/gutter, any drainage facilities, and edge of pavement.
SP-2-31.00 CONSTRUCTION MATERIALS AND METHODS —
GENERAL – The Contractor contact the affected utility companies for information regarding
identification, location, and depth of underground utilities.
PRESERVATION OF PROPERTY – Existing improvements in areas adjoining the property whereon
demolition and removal is being performed shall be protected from damage resulting from
operations of the Contractor and the Contractor shall be responsible for such damage. In like
manner any building, structure, tree, shrub, or other item designated for preservation on the
property where demolition and removal is being performed shall be similarly protected and
preserved.
DUST CONTROL - The Contractor shall provide such dust laying equipment and methods as may be
required to protect adjacent from annoyance or damage from dust caused by his operations, and
failure to control such dust stall be cause for the Engineer to stop the work until said dust is
controlled, and the Contractor shall have no recourse to collect from the Owner for any loss of
time or expense sustained by him due to such suspension of work.
SELECTED MATERIALS – Existing materials excavated within the project limits that meet the
specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a
portion of the requirements for such materials. No additional compensation will be allowed for
excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation
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unless otherwise noted. All work shall meet with the requirement of Soils Engineer.
SURPLUS MATERIALS – If approved by the City, the Contractor shall furnish written consent from
the owner of the property where it is intended to dispose of the surplus material. Unless
requested by City, surplus exaction shall become the property of the Contractor.
FURNISHING AND APPLYING WATER – Furnishing and applying water shall be considered as
included in the bid price paid for the various contract items of work requiring such water and no
additional compensation will be made therefore.
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PART III –AWARD AND EXECUTION OF CONTRACT
SP-3-1.00 AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions in Section 3, "Award and Execution of
Contract," of the Standard Specifications and these special provisions for the requirements and
conditions concerning award and execution of contract.
Bid protests are to be delivered to the following address:
City of Perris
101 North “D” Street
Perris, CA 92570
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid
complies with all the requirements prescribed.
The contract shall be executed by the successful bidder and shall be returned, together with the
contract bonds, to the Agency so that it is received within 10 days, not including Saturdays,
Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do
so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents
shall be delivered to the following address: (Agency to provide detailed information if this
paragraph is used)
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SPECIAL SPECIFICATIONS
PART IV: CONSTRUCTION – MATERIALS, METHODS, SPECIFICATIONS AND PAYMENT
REQUIREMENTS
The Contractor shall complete Harley Knox Boulevard and Redlands Avenue north Harley Knox
Boulevard street improvement prior to start construction on Redlands Boulevard south of Harley
Knox. The Owner will have other contractors or utility providers working in the Harley Knox
Boulevard and Redland Avenue. The Contractor shall coordinate and accommodate other utility
providers during construction. The working days allowed shall include 30 working days for access
to a portion of the construction site by the affected utility companies to perform utility relocation
work and installation of other infrastructure.
SP-4-1.00 – DESCRIPTION In general, this project consists of street, landscape, and
irrigation improvements on Harley Knox Boulevard and Redlands Avenue in the City of Perris. The
work involves construction of asphalt concrete pavement, base course, concrete curb and gutter,
curb ramp, commercial driveway, sidewalk, bus turnout, traffic signal, pavement markings, placing
thermoplastic pavement markings and markers, installing/relocating roadside signs, striping,
relocation and adjustment of utilities and other work as may be required.
SP-4-2.00 MOBILIZATION Mobilization shall conform to the provisions in Section 11,
“Mobilization”, of the Caltrans Specifications and these Special Specifications.
As part of mobilization, the Contractor shall also provide a single place (job board, etc.) to place all
required federal forms, Cal/OSHA and EEO labor compliance posters, all permits, all safety items,
and any and all paperwork that must be posted in public view.
The lump sum contract price paid for mobilization shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals for mobilization for the entire project and no
additional compensation will be allowed therefore, including any remobilization due to phasing of
work. Fifty percent (50%) of the lump sum price will be paid upon successful move in and
completion of mobilization. The remaining fifty percent (50%) shall be paid after the contractor is
completely demobilized and all project sites have satisfactorily been restored and the project clean
up is completed.
SP-4-3.00 – TRAFFIC CONTROL SYSTEM Traffic control shall conform to the provisions in
sections 7-1.02 “Load Limitations,” 7-1.06, “Safety and Health Provisions,” Section 7-1.08, “Public
Convenience”, Section 7-1.09, Public Safety”, and Section 12-3.04 “Portable Delineators” of the
Standard Specifications, the Manual of Traffic Controls, the Section of these contract documents
entitled “Insurance – Hold Harmless”, and these special provisions. Nothing in these special
provisions shall be construed as relieving the Contractor from the responsibilities specified in
Section 7-1.09.
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Dust control shall be considered as part of the traffic control system and shall be in compliance
with Section 10, “Dust Control” of the standard specifications except that no extra work will be
paid when the engineer orders the application of water for the purpose of controlling dust caused
by public traffic or the contractors operation. Dust control is the contractor’s responsibility
throughout construction even when no work is taking place.
All existing traffic control signs and street name signs shall be maintained in visible locations
except as directed by the Engineer and where they conflict with the project.
All warning lights, signs, flares, barricades (including concrete barriers), trench plates, and other
facilities for the sole convenience and direction of the public traffic or any other reason shall be
furnished and maintained by the Contractor. All signs shall conform to and be placed in
accordance with the current “Manual of Traffic Controls”, issued by the California Department of
Transportation for construction and maintenance of work zones. Any flares, flagman, pilot cars,
and any and all other traffic related items, shall be furnished by the Contractor at his expense.
Sufficient lighting will be required for all work performed when sufficient sunlight is not present.
No payment for extra work will be allowed for work performed as specified in Section 12-2.02
(flagging costs) of the standard specifications. Flagging costs will be borne entirely by the
Contractor.
It is the Contractor’s responsibility to provide for the safe passage for vehicles traveling to
residences and business location within the limits of the project.
The Contractor shall provide public notification in the form of an information letter pertaining to
the planned work. The letter shall be written in English and Spanish and distributed to all affected
residents and businesses at least fourteen (14) days prior to scheduled work. The letter shall
include the City’s logo and be reviewed and approved by the City Engineer.
All traffic control signs shall be either covered or removed when not required by the nature of
work or if no present hazard to the motorist exists.
There shall be no asphalt grinding or excavation creating a “Lip” greater than 1.0 inch left open to
traffic. When lips greater than 1.0 inch exist; the lip shall be ramped with cold patch or other
approved materials. This applies to all locations, including along gutter lips, manholes, etc.
Full compensation, except as otherwise provided herein, for conforming to the requirements of this
section shall be paid for on a lump sum basis for traffic control system for the entire project and no
additional compensation will be allowed thereof.
Traffic control signs and materials shall be maintained at all times including after hours, weekends
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and holidays.
Contractor shall be required to follow the traffic control plans for Ramona Expressway included in
the bid package. If at any time during construction, in the opinion of the City is a need to change or
adjust the plans, Contactor suggest changes to facilitate the work, all such changes shall be at no
cost to the owner. The Contractor shall provide traffic control plans for Harley Knox Boulevard and
Redlands Avenue prepared by Registered Civil or Traffic Engineer in California.
The lump sum cost for traffic control shall include all the above requirements including preparation
of traffic control plan, mobilization and remobilization for different phases, and move-ins to
complete the project as designed.
Contractor shall coordinate to allow and not disrupt trash pickup and mail delivery at no additional
cost.
SP-4-4.00 – RECORD DRAWINGS The Contractor shall keep one clean set of bond originals
to note any changes which take place during construction. These changes to the original plans
and/or specifications shall be noted at the appropriate locations with the appropriate changes
indicated in red pencil or ink. The Contractor shall note in large letters “RECORD DRAWINGS” on
the Title Sheet of the plans. The job will not be finalized by the Engineer until these record
drawings have been completed to the satisfaction of the Engineer. The changes shall be noted on
the plans as the changes occur. The record drawings shall be submitted to the Resident Engineer,
and become the property of the City at conclusion of the project.
Full compensation for maintaining and compiling the record drawings shall be considered to be
included in other items of work and no additional compensation will be allowed.
SP-4-5.00 – ENCROACHMENT PERMIT It shall be the responsibility of the Owner to obtain
City of Perris Encroachment Permit required for the work done within the City’s right-of-way prior
to commencing any work.
SP-4-6.00 – WATER POLLUTION CONTROL The Contractor shall be responsible preparation
and implementation of Storm Water Pollution Prevention Plan. The Contractor shall also comply
with all and every water pollution requirement as set by the regulatory agencies. The Contractor
shall be responsible for uploading information to Regional Board website and Notice of
Completion.
Water pollution control work shall conform to the provisions in Section 7-1.01G, “Water Pollution”
of the Standard Specifications and these Special Provisions.
Water pollution control work shall conform to the requirements in the “Storm Water Pollution
Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual” and
the “Construction Site Best Management Practices (BMPs) Manual,” and addenda thereto issued
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up to and including the date of advertisement of the project, hereafter referred to respectively as
the “Preparation Manual” and the “Construction Site BMP Manual,” and collectively as the
“Manuals. Copies of the Manuals may be obtained from the Department of Transportation,
Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacrament,
California 95815, Telephone: (916) 445-3520. Copies of the Manuals may also be obtained from
the Department’s Internet Web Site at: http://www.dot.ca.gov/hq/construc/stormwater.html.
Copies of the Permits are available for review at the Department of Transportation, District 8,
Environmental / Technical Branch, 464 West 4th Street, San Bernardino, California.
The Contractor shall know and fully comply with the applicable provisions of the Manuals, Permits,
and Federal, State, and local regulations that govern the Contractor’s operations and storm water
discharges from both the project site and areas of disturbance outside the project limits during
construction. The Contractor shall maintain copies of the Permits at the project site and shall
make the Permits available during construction.
Unless arrangements for disturbance or use of areas outside the project limits are made by the
City and made part of the contract, it is expressly agreed that the City assumes no responsibility for
the Contractor or property owner with respect to any arrangements made between the Contractor
and property owner. The Contractor shall implement, inspect and maintain all necessary water
pollution control practices to satisfy all applicable Federal, State, and Local laws and regulations
that govern water quality for areas used outside of the highway right-of-way or areas arranged for
the specific use of the Contractor for this project. Installing, inspecting, and maintaining water
pollution control practices on areas outside the road right-of-way not specifically arranged for and
provided for by the City for the execution of this contract will not be paid for. Additionally, should
any pollutant spills occur or any other event requiring non-visible pollutant testing, the Owner
shall hire a property certified ELAP testing firm to provide all required testing and all associated
costs shall be borne by the Contractor. This shall include or be in addition to sweeping at the end
of every working day, during activities that cause trenching, and at the discretion of the City
Engineer or his representative. Water truck(s) shall be operation to control dust at the discretion
of the City Engineer or his representative.
The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the
Contractor’s failure to comply with the provisions set forth in this section “Water Pollution Control
(Storm Water Pollution Prevention Plan)”, including but not limited to, compliance with the
applicable provisions of the Manuals, Permits and Federal, State and local regulations. Costs and
liabilities include, but are not limited to, fines, penalties, and damages whether assessed against
the State or the Contractor, including those levied under the Federal Clean Water Act and the
State Porter Cologne Water Quality Act.
In addition to the remedies authorized by law, money due to Contractor under the contract, in an
amount determined by the City, may be retained by the City until disposition has been made of the
costs and liabilities.
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When a regulatory agency or other third party identifies a failure to comply with the permit or any
other local, State, or Federal requirement, the Engineer may retain money due to Contractor,
subject to the following:
A.
The City will give the Contractor 30 days notice of the City’s intention to retain funds
from partial payments which may become due to the Contractor prior to acceptance of
the contract. Retention of funds from payments made after acceptance of the contract
may be made without prior notice to the Contractor.
B.
No retention of additional amounts out of partial payments will be made if the amount
to be retained does not exceed the amount being withheld from partial payments
pursuant to Section 9-1.06, “Partial Payments” of the Standard Specifications.
C.
If the City has retained funds and it is subsequently determined that the City is not
subject to the costs and liabilities in connection with the matter for which the retention
was made, the City shall pay for interest on the amount retained for the period of the
retention, and the rate of interest payable shall be 6 percent per annum.
Conformance with the provisions of this section “Water Pollution Control (Storm Water Pollution
Prevention Plan)” shall not relieve the Contractor from the Contractor’s responsibilities, as
provided in Section 7, “Legal Relations and Responsibility”, of the Standard Specifications.
The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to
enter, inspect, sample, monitor or otherwise access the project site or the Contractor’s records
pertaining to water pollution control work.
The cost for water pollution control for the entire project will be paid by lump sum. The
Contractor will be responsible for the payment of any fines without reimbursement from the
Owner.
SP-4-7.00 – AREAS FOR CONTRACTOR’S USE Attention is directed to the provisions in
Section 7-1.19, “Rights in Land and Improvements”, of the Standard Specifications and these
Special Provisions.
Contractor shall limit his work including equipment parking within the project limits as specified in
the plans and shall not use outside these boundaries for parking, grading, etc.
No Owner or City-owned parcels adjacent to the project limits are available for the exclusive use of
the Contractor within the contract limits. The Contractor shall secure, at the Contractor’s own
expense, areas required for plant sites, storage of equipment or materials, or for other purposes,
which cannot be safely placed within the area approved by the Engineer. A written letter from
property owner(s) shall be submitted for such use.
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The Contractor shall secure, at the Contractor’s own expense, areas required for plant sites,
storage of equipment or materials or for other purposes, if sufficient area is not available to the
Contractor within the limits available for use by the City.
The second paragraph of Section 7-1.13 of the Standard Specifications is modified to read as
follows:
When any material is to be disposed of outside the highway right of way, and the
Owner and the City of Perris have not made arrangements for the disposal of such
material, the Contractor shall first obtain written authorization from the property
owner on whose property the disposal is to be made and he shall file with the
Engineer said authorization or a certified copy thereof together with a written release
from the property owner absolving the Owner and the City from any and all
responsibility in connection with the disposal of material on said property. If the
disposal of materials is to be made at an established disposal facility that is available
for public use, the Contractor shall retain all authorizations and receipts from said
disposal facility and shall provide copies to the Engineer upon request.
SP-4-8.00 – MAINTENANCE OF ROAD During the time of construction the Contractor shall
be responsible for the maintenance of the road within the proposed project limits. Compensation
for work under this item shall be lump sum and shall include all full compensation for furnishing all
labor, materials, tools, equipment, and incidentals and for doing all work and no additional
compensation shall be allowed thereof. The exception is that any asphalt concrete used will be
paid at the bid unit price.
SP-4-9.00 – UTILITY VERIFICATIONS AND POTHOLING Attention is directed to Section 81.10, “Utility and Non-Highway Facilities”, and Section 15, “Existing Highway Facilities”, of the
Standard Specifications and these Special Provisions.
Attention is directed to the existence of certain underground facilities that may require special
precautions be taken by the Contractor to protect the health, safety and welfare of workers and of
the public. Facilities requiring special precautions include, but are not limited to existing utilities.
Construction activity around and close to this line and other utilities shall be in a manner not to
damage said facilities.
The Contractor shall notify the Engineer, EMWD and others and the appropriate regional
notification center for operators of subsurface installations at least 2 working days, but not more
than 14 calendar days, prior to performing any excavation or other work close to any underground
pipeline, conduit, duct, wire or other structure. Regional notification centers include, but are not
limited to, the following:
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Notification Center
Telephone Number
Underground Service Alert-Southern California
(USA)
1-800-227-2600
The Contractor is responsible to physically locate and identify all facilities (including utilities) within
project limits. These shall include potholing. All underground facilities within 4.0’ (vertical) of the
existing finished surface shall be potholed by the Contractor. These utilities may be shown on
plans or are marked in the field. Contractor is hereby notified and shall use all appropriate
cautions when working near utilities.
Some of the existing utilities may be in conflict with the project. If this is the case, the contractor
shall coordinate his work with that of the utility. No additional compensation will be paid to the
Contractor for any delay or loss of efficiency due to having to coordinate his work with that of the
utilities. The cost for utility verification, potholing, protection and combined shall be included in
other bid items.
SP-4-10.00 – WATERING Watering shall conform to the provisions in Section 17, “Watering” of
the Standard Specifications, except that full compensation for developing water supply shall be
considered as included in the prices paid for the various contract items of work involving the use of
water and no separate payment will be made therefor.
SP-4-11.00 – FINISHING ROADWAY Finishing roadway shall conform to Section 22 of the
Standard Specifications, except that full compensation therefor shall be considered as included in the
prices paid for the various items of work and no separate payment will be made.
SP-4-12.00 – ASPHALT CONCRETE Asphalt concrete shall be Type “B” and shall conform to the
requirements of Section 39 of the Standard Specifications and the following:
Aggregate grading shall be 3/4-inch maximum, medium for base courses and the final
course shall be ½-inch maximum, medium.
The asphalt lift thickness table, as shown in Section 39-6.01, “General Requirements” of the
Standard Specifications, is revised as follows:
Total Thickness
Shown on Plans
0.25’ or less
0.26’ through
0.40’
0.45’ or more
Minimum
No. of
Layers
Top Layer
Thickness
Next Lower
Layer Thickness
All Other Lower
Layer Thickness
1
2
Min.
0.12’
Max.
0.15’
Min.
0.14’
Max.
0.25’
Min.
-
Max.
-
3 or more
0.12’
0.15’
0.15’
0.25’
0.15’
0.25’
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Notes:
1)
2)
When ¾-inch material is used, the minimum thickness for any lift shall be 0.15’.
The final cap shall be placed such that the joint is either on the lane line or within one
foot of lane line.
The paving asphalt shall be PG 64-10 or as determined by the Engineer.
Section 39-3.01B (1) shall be amended to include:
Aggregate of the ¾-inch or ½-inch maximum size and aggregate for asphalt concrete base shall be
separated into 3 or more sizes and each size shall be stored in separate bins. If 3 sizes are used, one
bin shall contain that portion of the material which will pass the maximum size specified and be
retained on a 10 mm sieve; one bin shall contain that portion of the material which will pass a 10
mm sieve and be retained on a 2.36 mm sieve; and one bin shall contain that portion of the material
which will pass a 2.36 mm sieve.
All asphalt concrete for this project shall be supplied from one source unless requested in writing
and approved by the Engineer. Said source shall be listed on the Contractors Source of Materials List
as required in Section 6 of the Standard Specifications.
Liquid Asphalt and asphaltic emulsion shall be furnished and applied as provided in Section 39-4.02.
The manholes and valves shall be adjusted to finish grade by the Contractor. The cost shall be
considered included in the asphalt concrete item of work unless there is a specific line item for
adjusting the valves and/or manholes.
Asphalt concrete will be paid for at a unit price per ton as a combined item, including mineral
aggregate and asphalt binder in place on the roadbed and no additional compensation will be
allowed therefore.
Asphalt concrete berm (dike) shall be constructed per the plan, per RCTD Standard and these
specifications. All labor, tools, materials, and incidentals required to complete the AC dike in place
shall be included in the per ton price for asphalt concrete.
All asphalt, other materials, labor, tools, and incidentals to complete the paving in place shall be
included in the per ton price for asphalt concrete and no additional compensation shall be allowed.
Full compensation for furnishing and applying asphaltic emulsion (paint binder) shall be considered
as included in the contract price paid for asphalt concrete.
If in the opinion of the Engineer the road does not drive smoothly, he shall direct the Contractor to
have the road “profile graphed” and the Contractor will be responsible for any “bump” grinding or
other remedies required to provide a smooth and aesthetically pleasing road. The cost for both the
“profilgraphy” of the roadway and the “bump” grinding of pavement, if needed, shall be bourne by
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the Contractor.
The Contactor shall be responsible for installation of redwood header as shown on the plans. There
shall be no separate measurement or payment will be made. It shall be included in the price for
asphalt concrete.
The contract price paid per ton for asphalt concrete shall include full compensation for furnishing all
labor, materials, tools, equipment and incidentals for furnishing and installing all asphalt concrete on
the project, sawcut, unless specifically called out somewhere else and no additional compensation
will be allowed therefore.
SP-4-13.00 – SIGNING, STRIPING, AND MARKERS All work shall be performed in
accordance with the provisions in Section 82, “Markers and Delineators”, Section 84, “Traffic Stripes
and Pavement Marking”, Section 85, “Pavement Markers” of the Standard Specifications and these
Special Provisions.
All permanent striping shall be paint and all permanent markings shall be thermoplastic. Work shall
also include any signing, installation of raised pavement markers (RPMS), and delineators as shown
on the plans.
Temporary striping such as “tabs” and “tape” can be used when the temporary striping and
pavement markings will be in use for less than seven calendar days. All temporary striping to be in
place greater than or equal to seven calendar days shall be paint unless approved otherwise by the
Engineer. Temporary stop limit lines shall be paint or eight-inch wide white traffic tape. “Black-out”
of existing striping shall be kept to a minimum. Existing striping shall be removed when in conflict
and in no case shall existing striping that is “blacked-out” be allowed to stay in the field without
being removed for more than 24 hours.
Where striping joins existing striping, the Contractor shall begin and end the transition from the
existing striping pattern into or from the new striping pattern a sufficient distance to ensure
continuity of the striping plans.
The signing shall include removing and/or relocating all existing signs as necessary and the
installation of new signs and poles. All signing work shall meet County of Riverside and Caltrans
specifications. Work also includes removal of any striping, thermoplastic, RPMS, signing, etc. as
needed to complete the plans. All striping removed or has been slurry over shall be replaced “inkind” or as directed by the Engineer. The replacement shall include RPMS for fire hydrant locations.
Pavement markers shall include temporary/removable “No Parking” signs shall be installed along the
route of construction a minimum of 72 hours prior to start of work in particular streets. The sign
shall advise of the date of actual construction. Parking available to residents are very limited, the
contractor shall be diligent with his schedule and delivery of work and not prohibit parking to any
one block more than 24 continuous hours in any given phase of construction.
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The contractor shall install temporary striping, signs, and stop signs on Harley Knox and Redlands for
construction traffic.
The contract lump sum price for “Signing, Striping, Markers” shall include full compensation for all
temporary and permanent striping and pavement markings for furnishing all labor materials, tools,
equipment and incidentals in place and no additional compensation will be allowed therefore. This
price shall also include all signing, delineators, paint, thermoplastic, and RPMS unless specifically
called out to be paid for in a different item. The lump sum cost shall also include protection of
existing fire hydrant reflectors and installation of new fire hydrant reflectors in case of damage to
existing reflectors or in the event that none exist. The reflectors shall be installed per EMWD and
County Standards.
SP-4-14.00 – PROTECT IN PLACE, REMOVE AND REPLACE, RELOCATE, OR ADJUST TO GRADE
SIGNS, TREES, UTILITY BOXES, IRRIGATION LINES, MANHOLES, METERS, VALVES, MAIL BOXES, SMALL
BLOCK WALL, ETC.
PAYMENT – Protecting in place, relocating, removing and replacing and
adjusting to grade (raise or lower) all valves and covers, signs, meters, pedestals, pull boxes, poles,
vaults, manholes, (cable, communication, gas, storm drain, etc.) storm drains, irrigation lines, gas
lines, overhead utilities, traffic signal boxes, fencing, mailboxes, posts, delineators, trees, existing
utilities, etc. Mailboxes shall be relocated to eight feet from the edge of pavement or as otherwise
directed by the Engineer. If the mailbox and/or post is in too poor of a condition it shall be replaced
at the Contractor’s expense. This shall include payment for all items mentioned above not
specifically referenced elsewhere in the specifications. Payment shall include full compensation for
furnishing all labor, tools, equipment, materials, and incidentals and for doing all work involved with
such items to provide a complete in place project. Payment shall be included in other items of work.
SP-4-15.00 – ADJUST TO GRADE, PROTECT IN PLACE, SEWER MANHOLES, WATER VALVE,
WATER METERS, FIRE HYDRANTS, AND FIRE HYDRANT VALVES, WATER MAIN Adjusting of sewer
manholes and water valve bases shall be done per the Standard Specifications, Eastern Municipal
Water District (EMWD) Specifications and these Special Provisions.
The sewer manholes and utility valves shall be adjusted (up or down) so that the street can be paved
without interference from the existing manholes. After final paving the manholes shall then be
raised to grade. The manholes may need to be raised or lowered. This item shall also include all
costs, incidental or otherwise, related to protecting in place all sewer manholes and water valves
within the construction area during construction.
Adjust/protect in place sewer manholes, water lines and water valves shall be included in the adjust
utility valve covers lump sum bid item and shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals and for doing all work whether the manholes shall be
raised and/or lowered and no additional compensation shall be allowed therefore. The cost to
perform this work shall be included in lump sum bid item for adjust valves, manholes, etc. The
location and quantity of these items shown on the plans is approximate, contractor shall determine
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exact number. No additional compensation for this work will be approved in case of increase in
quantity of valves, manholes, etc.
SP-4-16.00 – WEED REMOVAL The Contractor shall chemically kill and remove any and all
weeds that are growing within the project area and shall also chemically treat the top of sub-grade
to prevent the future growth of weeds.
All weeds shall be sprayed with an herbicide mixture of either Hyvar mixed with Roundup or Pratatol
mixed with Roundup, or approved equal, between seven (7) to twenty one (21) days prior to
removing the weeds. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to
easily confirm the herbicide has been applied. The sub-grade shall be sprayed with an approved
product to prevent the future growth of weeds.
Payment for weed removal shall be contained in Pavement Bid item.
SP-4-17.00 – CONSTRUCTION STAKING The Owner shall be responsible for all monument
preservation prior to construction. The Owner will provide all construction staking including edge of
pavement, pavement transitions, swales, grading, and drainage facilities. The contractor shall be
responsible for all other construction staking. The Contractor shall protect-in-place existing monuments.
The Owner’s Surveyor will verify the condition of all monuments and deduct the cost of re-set and recording
from Contractor’s retention. The contractor shall be responsible for the cost of any restaking required due
to any reason not caused by the Owner.
SP-4-18.00 – COLD MILLING ASPHALT CONCRETE PAVEMENT Existing asphalt concrete
pavement shall be cold planed at the locations as shown on the plans and to a depth shown on the
plans or as directed by the Engineer.
Cold planning machines shall be equipped with a cutter head not less than 6.5’ in width and shall be
operated so that no fumes or smoke will be produced. The cold planning machine shall plane the
pavement without requiring the use of a heating device to soften the pavement during or prior to
the planning operation.
The depth, width, and shape of the cut shall be as shown on the typical cross sections or as
designated by the Engineer. The final cut shall result in a uniform surface conforming to the typical
cross sections. The outside lines of the planed area shall be neat and uniform. Planning asphalt
concrete pavement operations shall be performed without damage to the surfacing to remain in
place.
The material planed from the roadway surface, shall be removed and disposed of as directed in
these Special Provisions. If the City needs these materials, it shall be transported to a 4-mile radius
of project boundary and graded on shoulders and dirt roads as determined by City. The contractor
shall provide equipment (including a water truck) for this work. The maximum size of the grind
asphalt shall be 1.0 inch in the largest direction.
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Cold plane asphalt concrete pavement (grind) for the depth indicated on the plans shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
the work involved in cold planning asphalt concrete surfacing and disposing of planed material,
including furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing
of temporary asphalt concrete tapers, as specified in the standard Specifications and these Special
Provisions and as directed by the Engineer and for saw cutting asphalt concrete. Cold plane, saw cut,
and remove asphalt concrete will be paid under the asphalt concrete bid item.
SP-4-19.00 – ROADWAY EXCAVATION, EARTHWORK, AND CLEAR AND GRUB Earthwork
shall conform to the provisions in Section 16, “Clearing and Grubbing”, Section 17, “Watering”,
Section 18, “Dust Palliative”, Section 19, “Earthwork”, Section 20, “Erosion Control and Highway
Planting”, and Section 22,, “Finishing Roadway”, of the standard specifications and these special
provisions.
Earthwork shall conform to the provisions in Section 16, “Clearing and Grubbing”, Section 17,
“Watering”, Section 18, “Dust Palliative”, Section 19, “Earthwork”, Section 20, “Erosion Control and
Highway Planting”, and Section 22,, “Finishing Roadway”, of the standard specifications and these
special provisions.
This item shall include all earthwork in the project including, but not limited to, all clearing and
grubbing, all import, export, grading, compaction, shoulder grading, ditch excavation, pavement
removal, headwall removal, culvert removal fence removal, removal and relocation fence, tree
removal, structure removal (as shown on sheet 5 of 23 of street improvement plans) and grading
and all earthwork not specifically noted elsewhere in the specifications. This item shall also include
all clearing and grubbing and all removal of asphalt concrete (except for cold-planning of asphalt
concrete if addressed elsewhere in the bid schedule), redwood header removal, existing asphalt
concrete pavement, existing concrete pavement, storm drain pipe, existing irrigation pipe, fence,
and all weed kill, weed removal and trimming of all vegetation in conflict with the improvements.
Roadway excavation and earthwork (including pavement removal, import/export) will be paid per
lump sum and shall include full compensation for furnishing all labor, materials, tools, equipment
and incidentals and for doing all work and no additional compensation will be allowed thereof.
SP-4-20.00 – SUBGRADE PREPARATION The subgrade shall be prepared per the Standard
Specifications, and these special provisions. The top twelve-inches of subgrade shall be moisture
conditioned, processed, and compacted to a minimum relative compaction of 95%. Contractor shall
over-excavate up to 2’ in depth for the locations shown on the plans. The contractor shall prepare
subgrade according to the plans, and these Specifications. The most stringent in the opinion of the
Engineer shall apply.
If any import or export for dirt is required, contractor shall obtain from or export to external sources.
If areas are encountered that the Contractor believes should be determined to be “unsuitable
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material”, the Contractor shall notify the Engineer. If the Engineer determines that the material is
“unsuitable” it shall then be removed and disposed of and paid for as extra work provided in Section
4-1.03D. Contractor shall not be allowed to encroach outside of project limits shown on the plan.
The grade tolerance for the subgrade grading plane at any point shall not vary more than 0.02’ (1/4inch) below or 0.04’ (3/4-inch) above the grade established by the Engineer. The lump sum bid item
for excavation/earthwork shall include all work required to complete the subgrade in place and no
additional compensation shall be allowed therefore.
SP-4-21.00 – AGGREGATE BASE Aggregate base shall be Class II and shall conform to the
provisions in Section 26, “Aggregate Bases” of the Standard Specifications, these special provisions
and the geotechnical engineer’s reports contained within this specification package. In addition to
meeting all the requirements for Class II Aggregate Base of the State’s Standard Specifications, the
material shall also have a minimum unit weight of 125 pcf as determined by California Impact Test
Method 216F or ASTMD1557-00. The Class II Aggregate Base shall meet the grading requirement for
¾-inch maximum.
The Contractor shall have the proposed base certified by an independent testing laboratory to meet
Caltrans standards and the minimum unit weight requirement. This certification, along with the
data, shall be submitted to the Engineer for review, at the preconstruction meeting. This
certification will not release the Contractor from having the base tested by the Engineer to meet
specifications during construction.
The maximum lift of aggregate base shall be 8.0 inches.
The unit price paid per cubic yard of aggregate base shall include full compensation for furnishing all
labor, materials, tools, equipment and incidentals, and for doing all work involved in constructing
aggregate base concrete complete in place and no additional compensation will be allowed
therefore. Payment will be in accordance with Sections 26-1.06 and 26-1.07 of the standard
specifications. Certified weight tickets must be submitted with each truck of base.
SP-4-22.00 – MINOR CONCRETE WORK Minor concrete shall comply with Section 90,
“Portland Cement Concrete”, of the Caltrans Specifications and these Special Provisions. References
to Section 90-2.01, “Portland Cement”, of the Caltrans Specifications shall mean Section 90-2.01
“Cement” of the same. Any concrete accelerators used to speed construction shall be at the
Contractor’s expense and no additional payment will be made. All concrete used for driveways and
cross gutters shall be sufficiently strong to allow them to be opened to traffic within 72 hours of
placement.
All minor concrete items (including but not limited to, sidewalks, curb & gutter, driveways,
pedestrian ramps, cross gutters/spandrels, and PCC parking lot paving) shall be built per Riverside
County Improvement Standards and Specifications except as otherwise noted or modified in these
plans and specifications. The Contractor shall refer specifically to the standard plans of the Riverside
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County Transportation Department (latest edition) for further information.
The cost of curb & gutter, sidewalk, and cross gutter shall be per individual bid item.
SP-4-23.00 – CONCRETE BUS TURNOUT The Contractor shall construction bus turn out per
the County of Riverside Standard No. 814. The concrete shall be 8” thick Class A (Class 2). The
contractor shall provide minimum of 16” Class II Aggregate Base and minimum of 90% density for the
subgrade (1’ depth).
Payment for construction of bus turnout will be at the unit price bid and shall include full
compensation for furnishing concrete, Class II Aggregate Base, compacted subgrade to 90% to a
minimum of 1’, all labor, materials, tools, equipment and no additional compensation will be allowed
therefor.
SP-4-24.00 – PORTLAND CEMENT CONCRETE PAVEMENT The Contractor shall construction
Concrete Pavement according to the Caltrans Standard Plan No. P1. The concrete pavement shall be
8” thick with 4000 psi concrete over 16” Class II Aggregate Base.
Payment for Portland Cement Concrete Pavement (PCC) will be at the unit price bid and shall include
full compensation for furnishing concrete, steel, joints, all labor, materials, equipment and no
additional compensation will be allowed therefor.
SP-4-25.00 – DUST CONTROL Dust Control shall be in accordance with the approved Local
Air Quality Management Plan (LAQMP) for this project. The Contractor shall also conform to the
provisions in Section 3000, Sub-section 4.2 “Dust Control”. Dust Control shall be paid for at the
Contract Lump Sum Price as shown on the bid schedule. Monthly payments will be made on a prorata basis.
SP-4-26.00 – SIGNING, STRIPING, AND MARKERS
REMOVE TRAFFIC STRIPE AND PAVEMENT MARKINGS:
Where blast cleaning/grinding is used for the removal of painted/thermoplastic traffic stripe and
pavement marking or for removal of objectionable material, and such removal operation is being
performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be
removed immediately after contact between the sand and the surface being treated. Such removal
shall be by wet abrasive blasting, hydro-blasting or vacuum blasting, and shall comply with AQMD
regulations.
Blast cleaning/grinding for removal of traffic stripe shall be feathered out to irregular and varying
widths.
Pavement marking shall be removed by blast cleaning/grinding a rectangular area, rather than just
lettering or markings, so the old message cannot be identified.
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After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in
conformance with the provisions in Section 37, "Bituminous Seals" of the Standard Specifications
and the following:
If removal of existing striping is performed more than 24 hours prior to final striping, the
Contractor shall place reflective temporary striping tape throughout the limits of sandblasting, to
provide channelization of traffic, for all lanes of travel. Temporary striping tape shall be removed
subsequent to final striping.
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided
in Section 7-1.09, "Public Safety" of the Standard Specifications.
Full compensation removal of existing striping, pavement marking, and pavement markers shall be
considered to be included in other items of work and no additional compensation will be allowed
therefor.
THERMOPLASTIC PAVEMENT MARKING:
Thermoplastic pavement markings shall conform to the provisions in Sections 84-1, "General" and
84-2, "Thermoplastic Traffic Stripes and Pavement Markings" of the Standard Specifications and
these Special Provisions.
At the option of the Contractor, STAMARK Brand Pavement Tape, Pliant Polymer Grade,
manufactured by the 3M Company; or Cata-Tile Elastoplastic Roadmarking Tile, manufactured by
the Cataphote Division of the Ferro Corporation; or STAMARK Brand Pavement Tape, Bisymmetric
1.75 Grade, manufactured by the 3M Company, may be placed instead of the thermoplastic
pavement markings specified herein. Pavement tape and roadmarking tile, if used, shall be
installed in accordance with the manufacturer's specifications. If pavement tape or roadmarking
tile is placed instead of thermoplastic pavement markings, the pavement tape or roadmarking tile
will be measured and paid for as thermoplastic pavement markings.
Payment for Thermoplastic Pavement Marking shall be shall be considered as included in the lump
sum bid for Signing, Striping and Markers, and shall include full compensation for furnishing all
labor, materials, tools, equipment and incidentals and for doing all the work involved in pavement
markings, including establishing layout work as shown on the plans and as required in the
Specifications.
PAVEMENT MARKER (REFLECTIVE):
Pavement markers shall conform to the provisions in Section 85, "Pavement Markers" of the
Standard Specifications and these Special Provisions.
Pavement markers shall be placed to the line established by the Engineer. All additional work
necessary to establish satisfactory lines for markers shall be performed by the Contractor.
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Pavement markers shall be installed where indicated on the plans in accordance with the indicated
striping detail. Refer to Standard Plans A20-A through A20-D for striping and markings details.
Markers and adhesive removal shall be performed by a method approved by the Engineer. Any
pavement scarring resulting from the markers removal shall be repaired to the satisfaction of the
Engineer.
Payment for furnishing and placing Pavement Markers shall be considered included in the lump
sum bid for Signing, Striping and Markers, and shall include full compensation for furnishing all
labor, materials, tools, equipment and incidentals and for doing all the work involved in installing
pavement markers.
ROADSIDE SIGNS (INSTALL/RELOCATE/SALVAGE):
Roadside signs (install/relocate/salvage) shall conform to the provisions in Section 56-2, “Roadside
Signs” of the Standard Specifications and as directed by the Engineer.
Roadside signs shall be installed at the locations shown on the construction plans or where
directed by the Engineer.
Roadside signs furnished by the Contractor shall be of the standard size specified in the State of
California Department of Transportation Sign Specification Sheets, unless otherwise indicated on
the construction plans.
Sheeting shall be guaranteed against defects for a period of ten years from the date of fabrication.
The base metal shall be new aluminum, 0.08 gauge, of alloys 6061-T6 or 5052-H38 conforming to
the requirements of ASTM Designation: B209.
Any reflective sheeting supplied as a part of this contract, whether as a legend or background, shall
be FHWA FP-85 Type IIA or AASHTO M268 Type III.
Reflective sheeting shall be applied to the sign by a method approved by the manufacturer of the
sheeting and shall produce a durable bond equal to or greater than the strength of the reflective
sheeting. No air pockets or bubbles shall exist between the sheeting and aluminum backing.
The reflective material and screening inks or overlay film shall be graffiti proof. The graffiti
proofing method shall be supplied by and/or approved by the sheeting manufacturer. Neither the
color nor the reflective intensity of the finished sign shall be significantly diminished by the use of
graffiti remover when used in a manner approved by the City in conjunction with the sheeting
manufacturer. Any signs graphitized by over the counter spray paint or marking pens, which fail to
be restored, shall be replaced by the sign sheeting manufacturer.
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All letters and numerals shall be in accordance with the “Standard Alphabet of Highway Signs” as
used by the State of California, Department of Transportation.
All signs shall be installed using hex head bolts, washers, nuts and jam nuts in accordance with
Standard Plans RS2 or as directed by the Engineer.
Salvaged roadside signs shall be delivered to the City Maintenance Yard.
The installation and relocation for Roadside Signs (including Salvage) shall be considered as
included in the lump sum bid for Signing, Striping and Markers, and shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work
involved and no additional compensation will be allowed therefor.
SP-4-27.00 – LANDSCAPE AND IRRIGATION The Contractor shall install landscape and
irrigation as shown on landscape and irrigation plans. The specifications for landscape and
irrigation are shown on Landscape and Irrigation plans.
Installation of landscape and irrigation complete in place shall be considered as included in the
lump sum bid for Parkway and Median Landscape and Irrigation, and shall include full
compensation for furnishing all labor, materials, tools, equipment, water meter, and incidentals
and for doing all the work involved and no additional compensation will be allowed therefor. The
Contractor is required to provide testing for off-site system separately. The Contractor shall
provide ninety (90) days of maintenance after the project is completed (notice of completion) and
accepted by the City. There shall be no additional measurement and payment will be made for
maintenance and it shall be included in the lump sum bid item for Parkway and Median Landscape
and Irrigation compete in place.
SP-4-28.00 - POTHOLING OF EXISTING UTILITIES BY CONTRACTOR The Engineer has shown
from a record research the approximate location of known underground interference facilities.
Contractor shall field determine the exact location and depth of all existing underground
interference and points of connection to existing water mains; and immediately notify the
engineer in the event there is a conflict with the proposed pipeline alignment or grades. The
owner reserves the right to make minor adjustments in alignment and grade, all at no additional
cost to the owner.
Where underground main distribution conduits such as water, sewer, gas, electric power,
telephone or cable television are shown on the Drawings, the Contractor shall assume, for the
purpose of preparing a Bid, that every property parcel will be served by at least one (1) service
connection for each type of utility.
Contractor shall submit a signed report to the Owner describing the findings of the potholing
efforts prior to the commencement of construction. Said report shall include at the minimum; the
vertical and horizontal locations of the potholed facilities, the size(s) and material of the conduit(s),
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and the orientation of facilities. If Contractor does not report any conflict regarding the existing
facilities and the proposed facilities, the Owner will assume that the proposed design is sufficient.
If significant interference is found facilities existing during the initial potholing effort, Contractor
shall begin construction on the end of the proposed to accommodate re-designing efforts. If,
during construction a conflict between facility arises, all additional costs for re-designing the
proposed pipeline shall be borne by Contractor and have no additional cost to the Owner.
As provided in Section 4216 of the California Government Code, at least two (2) working days prior
to commencing any excavation, if the excavation will be conducted in an area which is known, to
contain subsurface installations, the Contractor shall contact the regional notification center
(Underground Service Alert of Southern California) and obtain an inquiry identification number.
Potholing shall be considered as included in the prices paid for the various contract items of work
involving the use of potholing no separate payment will be made therefor.
SP-4-29.00 – INSTALLATION AND CONSTRUCTION ITEMS BY OTHERS Calendar days allowed shall
be in accordance with the executed agreement. The calendar days allowed shall include 30
calendar days for access to a portion of the construction site by the affected utility companies to
perform utility relocation work, installation of storm drain, installation of water & sewer, and
installation of other items. These days are anticipated to not be sequential, and will be assigned by
the construction manager in coordination with the scheduling needs of the affected utility
companies and construction of other items.
It shall be Contractors’ responsibility to coordinate with utility owners and other contractors.
Full compensation for the provisions of this Special Provision shall be considered as included in
the various items of work, and no additional compensation will be allowed therefor.
SP-4-30.00 Cast-in-Place Concrete Pipe (CIPCP) – The Contractor will be permitted to use Cast-inPlace Concrete Pipe in lieu of Reinforced Concrete Pipe, only as shown on the drawings and only
where finished cover is three feet or greater.
Cast-in-Place Concrete Pipe shall conform to Section 306.4 of the Standard Specifications except as
modified as follows:
1.
In lieu of the requirements of Section 306-4.2 the Contractor shall comply
with Section 16 of these specifications. Compressive strengths shown on
the drawings shall supersede that of Section 16.1 of these specifications.
2.
Pipe wall thickness shown on the drawings shall supersede those of Section
306-4.6.3.
3.
Holes drilled to verify wall thickness as specified in Section 306-4.7.2 shall
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be at 200-foot intervals.
4.
Load bearing tests per Section 306-4.7.4 shall only be required as directed
by the Engineer.
5.
In lieu of the requirements of Section 306-4.5 the Contractor shall comply
with Section 14.2 of these specifications. No backfill shall be permitted until
the concrete has developed the full strength specified. If the compressive
strength has been increased due to abrasive flow as noted on the drawings,
backfill may be placed when the concrete has developed eight percent
(80%) of its design strength or 3,250 psi whichever is greater. Test cylinders
taken by the Engineer will determine compressive strength.
6.
Criteria for circumferential crack repair defined in Section 306-4.4.8 shall be
amended as follows: Circumferential cracks 0.01 inch or less in width shall
be left as is. Cracks greater than 0.01 inch and less than 0.05 inch shall be
cleaned and filled with cement paste. Cracks 0.05 inch and greater shall
have concrete removed to a depth of 0.75 inch and width of 0.50 inch after
which they shall be cleaned and filled with an elastomeric sealant.
7.
Criteria for longitudinal crack repair defined in Section 306-4.4.8 shall be
amended as follows: Longitudinal cracks with a width of more than 0.01
inch and less than 0.0005 multiplied by the outside diameter shall be
cleaned and filled with cement paste. Cracks having differential
displacement greater than 0.08 inch or width greater than 0.0005
multiplied by the outside diameter shall be repaired by full epoxy pressure
grouting.
8.
Criteria for rejection based on longitudinal cracking per Section 306-4.4.9
shall be replaced as follows: If longitudinal cracks exceeding 0.0015
multiplied by the outside diameter occur intermittently in 25 percent or
more of a reach of pipe, the pipe shall not be repaired and shall be removed
and replaced.
9.
Crack width shall be determined by penetration to more than 0.25 inch of a
standard machinist leaf gage as defined in AASHTO D 280.
The placement of soil on cast-in-place concrete pipe for the purpose of shading will not be
permitted.
Measurement of payment for excavation and backfill for the Cast-in-Place Concrete Pipe option
will be to the paylines established for the Reinforced Concrete Pipe size shown on the drawings.
No additional payment shall be made for the over-excavation or recompaction which is required as
- 112 -
shown on the drawings for the Cast-in-Place Concrete Pipe option.
If Cast-in-Place Concrete Pipe is used, payment will be based on the bid item and quantities as if
Reinforced Concrete Pipe had been used.
SP-4-31.00 – Traffic Signal and Lighting All equipment, materials, and components for traffic signal
and intersection lighting systems, and interconnect, shall conform to Specifications shown on plans,
the State of California Department of Transportation’s Standard Specification’s (SSS) Section 86,
“Signals, Lighting, and Electrical Systems,” 2010, Edition, and the State of California Department of
Transportation Standard Plans (SSP), 2010 Edition, and except as noted in these Special Provisions
and shown on the Traffic Signal Plans.
Installation of Traffic Signal and Lighting shall be considered as included in the lump sum bid, and
shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals
and for doing all the work involved and no additional compensation will be allowed therefor.
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STANDARD AGREEMENT BETWEEN OWNER
AND CONTRACTOR
LUMP SUM
IDI FORM 101
Standard Agreement Between IDI and Contractor: Lump Sum - Form 101
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STANDARD AGREEMENT
BETWEEN IDI AND CONTRACTOR
AGREEMENT made as of the ___ day of ______________ in the year 20__.
Between Owner:
____________________________________
____________________________________
____________________________________
____________________________________
and Contractor:
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
The Project is:
____________________________________
____________________________________
____________________________________
The Owner is:
(if different from IDI)
____________________________________
____________________________________
____________________________________
The Architect is:
____________________________________
____________________________________
____________________________________
____________________________________
(name and address)
The Civil Engineer is:
____________________________________
____________________________________
____________________________________
____________________________________
The End User is:
____________________________________
____________________________________
____________________________________
____________________________________
The Lender is:
____________________________________
____________________________________
____________________________________
The Developer is:
____________________________________
____________________________________
____________________________________
____________________________________
Contract Amount:
____________________________________________________________
Standard Agreement Between IDI and Contractor: Lump Sum - Form 101
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The Owner and Contractor agree as follows:
Section 1 The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions as set forth herein), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Change Orders issued after execution of this Agreement in accordance with the
Contract Documents; these form the Contract between the parties, and are as fully a part of the Contract as if attached
to this Agreement or repeated herein.
Section 2 The Work of this Contract
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
Prevailing Wage: The Contractor shall comply with Labor Code Section 1775. In accordance with said Section 1775
the Contractor shall forfeit as a penalty to the City, $25.00 for each calendar day or portion thereof, for each worker
paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work
done under the contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and
in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section
1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker was paid less
than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City has ascertained the
general prevailing rate of wages (Which rate includes employer payments for health and welfare, vacation, pension and
similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of worker concerned. The Contractor shall pay travel and subsistence payment to
each worker as such payments are defined and required in applicable collective bargaining agreements filled in
connection with Labor Code Section 1773.8.
The Owner will not recognize any claim for additional compensation because of the payment by the Contractor of any
wage in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the
elements to be considered by the Contractor in determining his bid, and will not under any circumstances by considered
as the basis of a claim against the City on the contract.
Section 3 The Address of the Site
The address for the Site is __________________________ in the City of _________________________________,
County of ____________________________________State of ____________________________________, and is
more fully described in Exhibit A of the General Conditions.
Section 4 Date of Commencement
The date of commencement of the Work shall be the date of the Notice to Proceed issued by IDI. The Notice to
Proceed shall be in a form substantially similar to Exhibit H of the General Conditions, and may be issued concurrently
with, or on a date preceding or following, the execution of this Agreement.
Section 5 Contract Sum
5.1
Work.
The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
The Contract Sum shall be ______________________________________________________Dollars:
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($______________) subject only to additions and deductions by Change Order as provided in the Contract
Documents. This amount is referred to as the Contract Price or Contract Sum in the Contract Documents.
5.2
Allowances, if any, shown on the attached Exhibit C of the General Conditions:
Section 6 [reserved]
Section 7 [reserved]
Section 8 [reserved]
Section 9 Unit Prices
Unit prices, if any are listed in Exhibit C of the General Conditions.
Section 10 Payment and Retainage
10.1
The Contractor will submit its Application for Payment on or before the Twenty-fifth (25th) day of each
month.
10.2
Payment to Contractor is contingent upon receipt of funds by Owner from a third party lender and receipt of a
complete and approved Application for Payment.
10.3
Retainage on completed Work shall be ten percent (10 %).
10.4
Retainage on stored materials shall be ten percent (10 %).
10.5
Retainage on completed Work shall be ten percent (10 %) until the Work is fifty percent (50%) complete, after
which such retainage may, at the discretion of IDI, be decreased to five percent (5%) subject to IDI’s right, at any time,
to withhold retainage at the original percentage rate on the total amount of all payments made under this Agreement.
10.6
Upon Substantial Completion of the Project, the Contractor will submit an Application for Payment sufficient
to increase the total Applications for Payment to 90% of the Contract Price.
10.7
Upon satisfactory completion of all Work included in the Punch List, Contractor may submit an Application
for Payment sufficient to increase the total applications for payment to ninety-nine percent (99%) of the
Contract Price, as adjusted by Change Order.
10.5
Final Payment shall be in accordance with Paragraph 13.10 of the General Conditions.
Section 11 Interest
Payments due and unpaid under the Contract shall bear interest from the date payment is due at the Prime Rate stated in
the Wall Street Journal published on the date payment is due, plus one percent.
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Section 12 Change Orders
12.1
The markups allowed under Paragraphs 14.3 and 14.4 of the General Conditions to cover overhead and profit
are as follows:
.1
For work performed by Contractor’s forces, the Contractor’s markup shall be ten percent
(10%) of the direct cost to Contractor of performing the Work.
.2
For work performed by a Subcontractor, the Subcontractor’s markup shall be ten percent
(10%) of the Subcontractor’s direct cost of performing the Work, and the Contractor’s
markup shall be five percent (5%) of the Subcontractor’s direct cost.
.3
For work performed by a lower tier subcontractor, the Subcontractor’s markup shall be five
percent (5%) of the amount paid by the Subcontractor to the sub-subcontractor for the Work,
and the Contractor’s mark-up shall be five percent (5%) of the amount paid by the
Subcontractor to the sub-subcontractor for the Work.
12.2
No Change Order shall be valid or binding unless the procedures in Article 14 of the General Conditions are
followed and unless authorized on behalf of the Owner by the appointed individuals within the limits shown below:
Name: _______________________________
All amounts
Section 13 Project Progress Meetings
Contractor will hold project progress meetings not less frequently than weekly. The meetings shall be conducted as
required by IDI and as required by Paragraph 4.4.1 of the General Conditions.
Section 14 Owner's Representative
IDI's representative is:
____________________________________
____________________________________
____________________________________
____________________________________
Section 15 Contractor's Personnel
15.1
The Contractor's representative is:
15.2
The following supervisory personnel have been assigned by Contractor to the project:
Project Director:
Project Manager:
Superintendent:
Other:
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Section 16 Insurance and Bonds
16.1
Contractor shall be responsible for obtaining builder's risk insurance with a deductible of not greater than Fifty
Thousand Dollars ($50,000). The deductibles for earthquake and flood coverages shall not exceed five percent (5%) of
the total insured value of the Project.
16.2
Contractor shall be responsible for obtaining boiler and machinery insurance with a deductible of not greater
than Fifty Thousand Dollars ($50,000).
16.3
The co-obligees under Contractor's performance and payment bonds are IDI, City of Perris, Lender and End
User, if any, and: ____________________________________
16.4
The Contractor’s Certificate of Insurance, as required by Paragraph 2.2.3 of the General Conditions, is
attached hereto as Exhibit O of the General Conditions.
16.5
Notwithstanding the first sentence of Article 2.1.6 of the General Conditions, Contractor shall maintain
insurance that shall protect it from errors and omissions in any and all professional services.
Section 17 Liquidated Damages
17.1
The scope of Work included in each Milestone (as defined in Article 1 of the General Conditions) is described
in Exhibit D of the General Conditions. Contractor shall Substantially Complete each Milestone on or before the
applicable Milestone Date set forth in Exhibit D of the General Conditions.
17.2
Milestone Liquidated Damages (as defined in Article 1 of the General Conditions) shall be assessed as set
forth in Article 15 of the General Conditions. The amount(s) of the Milestone Liquidated Damages, if any, are set forth
in Exhibit D of the General Conditions.
Section 18 Notice Addresses
All Notices and Claims shall be addressed to the following:
Owner:
Industrial Developments International, Inc.
1100 Peachtree Street, Suite 1100
Atlanta, Georgia 30309
Attention: ____________________________
Copy to:
Industrial Developments International, Inc.
1100 Peachtree Street, Suite 1100
Atlanta, Georgia 30309
Attention: ____________________________
Contractor:
Section 19 Enumeration of Contract Documents
The Contract Documents, except for Change Orders issued after the execution of this Agreement in accordance with
the Contract Documents, are enumerated as follows:
19.1
101.
The Agreement is this executed Standard Agreement Between Owner and Contractor: Lump Sum, IDI Form
Standard Agreement Between IDI and Contractor: Lump Sum - Form 101
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19.2
The General Conditions are the General Conditions to Standard Agreement Between Owner and General
Contractor IDI Form 201.
19.3
The Supplementary and other Conditions of the Contract are as follows:
Document
19.4
Title
Pages
The Drawings are as follows, and are dated ___________ unless a different date is shown below:
Number
19.6
Pages
The Specifications are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
19.5
Title
Title
Date
Date
Pages
The Addenda, if any, are as follows:
Number
19.7
Other documents, if any, forming part of the Contract Documents are as follows:
19.8
The following parties shall be responsible for obtaining and paying for the following permits and licenses
from, and for paying the following fees to, governmental entities having jurisdiction over the Project:
1.
2.
3.
4.
Owner will pay for the Building Permit.
Owner will pay for Impact and Capacity Fees associated with permanent utilities.
General Contractor is responsible for all costs associated with temporary utilities.
General Contractor is responsible for obtaining and paying for all Contractor and Subcontractor permits
and licenses.
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This Agreement is entered into as of the day and year first written above and is executed in at least three original
copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the
Contract, and the remainder to the Owner.
OWNER
CONTRACTOR
By:
By:
(Signature)
(Signature)
As Agent For:
Industrial Developments International, Inc. As Agent For:
(Owner’s Name)
Name:
____________
(Printed Name)
Name:
________________
(Printed Title)
Title:
Title:
_____________________________
(Contractor’s Name)
(Printed Name)
Standard Agreement Between IDI and Contractor: Lump Sum - Form 101
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(Printed Title)
Page 8
GENERAL CONDITIONS TO STANDARD AGREEMENT
BETWEEN OWNER AND GENERAL CONTRACTOR
IDI FORM 201
GENERAL CONDITIONS TO STANDARD AGREEMENT – IDI Form 101
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TABLE OF CONTENTS
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Definitions.........................................................................................4
Insurance ..........................................................................................9
Payment and Performance Bonds ..................................................12
Contractor's Responsibilities ..........................................................13
Owner's Responsibilities .................................................................34
Subcontracts .....................................................................................36
Contract Time ..................................................................................40
Contract Price (Applies Only to Lump Sum Agreement)............41
Not Used............................................................................................--Not Used............................................................................................--Accounting, Inspection and Audit..................................................42
Warranties and Correction of Work..............................................43
Payments to Contractor ..................................................................47
Changes in the Work .......................................................................53
Liquidated Damages ........................................................................56
Indemnity and Exculpation.............................................................56
Termination ......................................................................................57
Separate Contractors.......................................................................59
Dispute Resolution ...........................................................................60
Miscellaneous Provisions.................................................................61
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List of Exhibits
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Exhibit “G1”
Exhibit “G2”
Exhibit “G3”
Exhibit "H"
Exhibit "I-1"
Exhibit “I-2”
Exhibit “J-1”
Exhibit "J-2"
Exhibit "K-1"
Exhibit "K-2"
Exhibit "L-1"
Exhibit "L-2"
Exhibit "M"
Exhibit "N"
Exhibit "O"
Exhibit "P"
Exhibit "Q"
Exhibit "R"
Exhibit "S"
Exhibit "T"
Legal Description of Site
List of Drawings, Specifications and other Contract Documents
Qualifications, Exclusions, Allowances and Unit Prices
Construction Schedule, Milestone Dates, and Liquidated Damages
Payment and Performance Bond
Commissioning Activities and Standards
Application for Payment
Sample AIA Document G702
Sample of a completed and certified Pay Application by Contractor
IDI General Billing Documents Checklist
Notice to Proceed
Subcontractor/Supplier's Conditional Waiver and Release Upon Progress Payment
(California)
Subcontractor/Supplier's Unconditional Waiver and Release Upon Progress Payment
(California)
Subcontractor/Supplier's Conditional Waiver and Release Upon Final Payment
(California)
Subcontractor/Supplier's Unconditional Waiver and Release Upon Final Payment
(California)
General Contractor's Conditional Waiver and Release Upon Progress Payment
(California)
General Contractor's Unconditional Waiver and Release Upon Progress Payment
(California)
General Contractor’s Conditional Waiver and Release Upon Final Payment (California)
General Contractor’s Unconditional Waiver and Release Upon Final Payment
(California)
General Contractor Final Affidavit
Certificate of Substantial Completion
Certificate of Insurance
Bid Form Documents and Bid Letter
Agreement of Final Payment
Letter of Intent
Subcontractor List
Expesite
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GENERAL CONDITIONS TO AGREEMENT BETWEEN
OWNER AND GENERAL CONTRACTOR
ARTICLE 1
DEFINITIONS
1.1
Definitions. As used herein, the following terms have these stated definitions:
1.1.1
The terms "Accept", "Acceptance", "Accepted", or words of similar import shall mean express
acceptance in writing by Owner.
1.1.2
The term "Agreement" means the IDI Form 101 "Standard Form of Agreement Between Owner
and Contractor: Lump Sum," or the IDI Form 102 "Standard Form of Agreement Between Owner and
Contractor: Cost-Plus with Guaranteed Maximum Price" entered into between Owner and Contractor for the
Project.
1.1.3
The term "Allowance" means: (1) for a Lump Sum Agreement, an approximate amount for a
designated portion of the Work; (2) for a Guaranteed Maximum Price Agreement, an approximate amount of
the Cost of the Work included in the GMP and exclusive of Contractor’s Fee for a designated portion of the
Work.
1.1.4
The term "Application for Payment" means an application for payment in the form attached as
Exhibit "G" made by Contractor and furnished to Owner.
1.1.5
"Approve", "Approval", "Approved" or words of like import means the express approval in
writing of a party to the Agreement.
1.1.6
The term "Architect" means the Architect identified in the Agreement. Owner shall have the right
to designate a successor Architect, at its sole discretion.
1.1.7
The term “Architect Memorandum” has the meaning set forth in Subparagraph 4.9.5.
1.1.8
The term "Certificate of Occupancy" means an applicable certificate of occupancy, or an
applicable temporary certificate of occupancy that is final with respect to a particular Milestone and which
will be supplemented with a permanent certificate of occupancy upon the completion of the balance of the
Project, or an applicable temporary certificate of occupancy for the entire Project which grants full occupancy
privileges and which will be converted to a permanent certificate of occupancy upon completion of items
stipulated in the certificate. Such Certificates of Occupancy shall be those issued by an appropriate
governmental authority.
1.1.9
The term "Certificate of Substantial Completion" means a certificate, in the form attached hereto
as Exhibit "N," executed by Owner and stating that the Project or a Milestone is Substantially Complete.
1.1.10
The term "Claim" means a demand or assertion by Owner in writing, or by Contractor in writing
other than in an Application for Payment, seeking, as a matter of right, the payment of money in a sum
certain, or the adjustment or interpretation of the Contract Documents or other relief arising under or relating
to the Agreement, including an adjustment to the Contract Price or Guaranteed Maximum Price or the
extension of a Milestone Date.
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1.1.11
The term "Change Order" means (i) a written amendment or modification to the Agreement or
other Contract Document pursuant to Article 14 and executed by both Owner and Contractor or (ii) a change
in the Work ordered by Owner in writing pursuant to Article 14, or requested by Contractor and agreed to by
Owner in writing pursuant to Article 14.
1.1.12
The term "Construction Documents", along with subparagraph 1.1.14, means those final revisions
of the Drawings and Specifications (together with shop drawings prepared by design / build subcontractors of
any tier) that have been Approved by Owner and marked by Architect as "Released for Construction" or
"Construction Drawings." Construction documents shall be incorporated into this contract by Exhibit B.
1.1.13
The term "Construction Schedule" is defined in Paragraph 4.7 of these General Conditions.
1.1.14
The term "Contract Documents", along with subparagraph 1.1.14, means the Agreement, General
Conditions, Construction Documents and addenda issued prior to execution of the Agreement, Construction
Schedule, Supplementary Conditions as set forth in the Agreement, other documents listed in the Agreement
under Section 19, Exhibits attached hereto and to the Agreement, and Change Orders issued after execution of
the Agreement in accordance with Article 14.
1.1.15
The term "Contract Price" means the price to be paid to Contractor under a Lump Sum Agreement
as set forth in Section 5.1 of the Agreement.
1.1.16
The term “Contract Sum” has the meaning set forth in Section 5 of a Guaranteed Maximum Price
Agreement.
1.1.17
The term "Cost of the Work" has the meaning as set forth in Articles 9 and 10.
1.1.18
The “Date of Final Completion of the Project” means the date when a Certificate of Final
Completion is issued by the Owner certifying that all corrective work ordered by Owner has been completed
to Owner’s satisfaction.
1.1.19
The term “Date of Substantial Completion of the Project” means the date when all Work is
Substantially Complete.
1.1.20
The term "day" means calendar day unless otherwise specifically designated.
1.1.21
The term "Drawings" means architectural and engineering drawings for the Project which are
described in Exhibit "B" attached hereto and / or in Section 19 of the Agreement.
1.1.22
The term "Effective Date" means in the case of a Notice sent by certified mail, the date of
acceptance, refusal or attempted delivery according to the receipt therefore, or in the case of a Notice sent by
overnight courier, one business day after such Notice is deposited with such courier.
1.1.23
The term "End User" means the person or entity identified as the End User in the Agreement, or
its successors or assigns.
1.1.24
The term "Field Order" has the meaning set forth in Article 14 of these General Conditions.
1.1.25
The term "Final Punch List" means a list of the items of Work which are non-conforming or
incomplete, established at the direction of Owner pursuant to Paragraph 13.9, that remain after Substantial
Completion of the Project or a particular Milestone.
1.1.26
The term "General Conditions" means these General Conditions to Standard Agreement Between
Owner and General Contractor, IDI Form 201.
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1.1.27
The term "General Contractor Work" shall mean all Work to be performed by Contractor's own
personnel, which may include complete concrete installation, forming and form work, concrete material,
pouring, stripping and finishing; rough and finish carpentry; purchase orders for General Contractor Work; all
Work recognized as being the responsibility of the General Contractor under these General Conditions; the
payment and performance by General Contractor of all of its obligations under the Agreement including
changes in the Work as set forth in Article 14 herein; and such other work as shall be necessary for the proper
management, layout, direction and supervision of all Subcontracted Work.
1.1.28
The term "Guaranteed Maximum Price" or "GMP" has the same meaning as set forth in Articles 9
and 10 of these General Conditions and in Section 6 of the Guaranteed Maximum Price Agreement.
1.1.29
The term "Guaranteed Maximum Price Agreement" means an Agreement entered into between
Owner and Contractor pursuant to an IDI Form 102 "Standard Agreement Between Owner and Contractor:
Cost-Plus with a Guaranteed Maximum Price."
1.1.30
The term "Hazardous Materials" means: (1) any substances defined as or included within the
definition of "hazardous substances", "hazardous wastes", "hazardous materials", "toxic substances",
"hazardous pollutants" or "toxic pollutants", as those terms are used in the Resource and Recovery Act, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Hazardous Materials
Transportation Act, the Toxic Substances Control Act, the Clean Air Act and the Clean Water Act, or any
amendments thereto, or any regulation promulgated thereunder; (2) any "PCBs" or PCB items" (as defined in
40 C.F.R. § 761.3 or current issue); or (3) any "asbestos" (as defined in 40 C.F.R. § 763.63 or current issue).
The term "Hazardous Materials" as used herein shall not be deemed to include any materials that are included
in the preceding definition but which are used, stored or generated in quantities or forms that are not regulated
or prohibited.
1.1.31
The term "Hold Harmless" means to hold harmless from, indemnify and defend against, and pay
promptly on demand therefore any and all claims, demands, actions, causes of actions, losses, expenses
(including, without limitation, attorney's fees and court costs), costs, damages and all liabilities arising out of
or incurred in connection with an identified circumstance, incident, condition, relationship, time period or
other matter.
1.1.32
The term "Lump Sum Agreement" means an Agreement entered into between Owner and
Contractor pursuant to an IDI Form 101 "Standard Agreement Between Owner and Contractor: Lump Sum."
1.1.33
The term “Milestone” means a defined portion of the Work of the Project. The portion of the
Work covered by a particular Milestone maybe described in Exhibit “D”.
1.1.34
The term "Milestone Date" means the date by which a Milestone is to be Substantially Complete
(subject to extension by virtue of Permissible Extensions). The Milestone Date for each Milestone is set forth
in Exhibit “D” attached to the Agreement, these General Conditions or both.
1.1.35
The term "Milestone Liquidated Damages" means the liquidated damages due and payable to
Owner in accordance with Article 15, in the event that a Milestone Date is not achieved. The Milestone
Liquidated Damages applicable to each Milestone are set forth on Exhibit "D" attached to the Agreement,
these General Conditions or both.
1.1.36
The term "Notice" means a written notice, request, demand or other communication, which is (1)
in writing (2) signed by an officer or duly authorized representative of the party making same; (3) delivered
personally, sent by overnight courier service, or sent by certified or registered mail, postage prepaid, return
receipt requested; (4) effective as of the date on which it is received or would have been received but for the
refusal of the addressee to accept delivery; and (5) addressed as provided in Section 18 of the Agreement.
GENERAL CONDITIONS TO STANDARD AGREEMENT – IDI Form 101
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1.1.37
The term "Notice to Proceed" or “NTP” means a notification by Owner to Contractor to proceed
with the Work or portion of the Work as described in the NTP and substantially the form set forth in Exhibit
“H”.
1.1.38
The term "Owner" means Industrial Developments International, Inc., or its successor or assign.
1.1.39
The term "Permissible Extension" means an extension of a Milestone Date that Owner agrees to in
writing and that is due to a delay directly caused solely by events or circumstances beyond Contractor's
control and without the fault or negligence of Contractor, and resulting in an adverse impact to the critical
path of the Construction Schedule. To the extent that the foregoing requirements are met, Permissible
Extensions may be based upon: (1) acts of God or of the public enemy, (2) fires, (3) floods, (4) epidemics,
(5) quarantine restrictions, (6) strikes (except strikes of Contractor’s or its Subcontractor’s field forces at
Project site), (7) freight embargoes, (8) unusually severe weather greatly in excess of that normally occurring
at the location of the Project or for which a prudent contractor would provide, (9) the discovery of
unanticipated concealed Site conditions below the surface of the ground which are known to Owner but
unknown and unforeseeable by Contractor at the time of execution of the Agreement, or (10) the discovery of
Hazardous Materials at the Site that are known to Owner but unknown and unforeseeable to Contractor at the
time of execution of the Agreement.
1.1.40
The term "Project" means all of the improvements, structures, or fixtures to be constructed or
installed on the Site, including, where specified in the Contract Documents, any foundations, equipment,
machinery, fixtures, landscaping and paving, and all related sitework and approaches.
1.1.41
The term "Projected Completion Notice(s)" is defined in Subparagraph 4.7.5 of these General
Conditions.
1.1.42
The term "Punch List" or “Final Punchlist” means the items of Work that remain non-conforming
or to be completed after Substantial Completion of the Project or a particular Milestone.
1.1.43
The term "Schedule of Values" is defined in Paragraph 4.8 of these General Conditions.
1.1.44
The term "Site" means all that tract or parcel of land identified in Section 3 of the Agreement.
1.1.45
The term "Specifications" means the specifications for the Project which are described in Section
19 of the Agreement, and which consist of the written requirements for materials, equipment, construction
systems, standards and workmanship for the Work and the performance of related services.
1.1.46
The term "Subcontracted Work" shall mean all Work not performed by Contractor's own
personnel.
1.1.47
The term "Subcontractor" means a person or entity who has a direct contract with Contractor to
perform a portion of the Work at the Site.
1.1.48
The terms "Substantial Completion" or "Substantially Complete" mean that (i) the Work and all
other things necessary for Owner's access to the Project (or a particular Milestone) and Owner's occupancy,
possession, use for intended purpose and enjoyment thereof have been completed, obtained, and installed in
conformance with the Contract Documents and all applicable codes and governmental requirements,
excepting only such minor matters as do not, in the reasonable opinion of Owner, interfere with, or materially
diminish, such access, occupancy, possession, use or enjoyment; (ii) Owner has executed and delivered a
Certificate of Substantial Completion for the Project or a particular Milestone; and (iii) all appropriate
Certificates of Occupancy have been issued with respect to the Project or a particular Milestone.
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1.1.49
The term "Supplier" means a person or entity who has a direct contract or Purchase Order with
Contractor to furnish goods, materials or equipment for use in connection with performance of the Work at
the Site.
1.1.50
Not Used.
1.1.51
The term “Unit Price” means an agreed price for a designated unit of Work, inclusive of all
Subcontractor overhead and profit and inclusive of Contractor’s Fee, Contractor’s profit and field and main
office overhead, as applicable. Such Unit Prices will be applied to changes in the scope of Work and are
identified in Exhibit “C”.
1.1.52
The term "Work" means:
.1 All of the labor, materials (including purchase orders and subcontracts therefore), equipment
and services necessary for the proper management, construction and completion of the Project in
accordance with the "Contract Documents";
.2 All work shown on the Drawings;
.3
The "Subcontracted Work" and the "General Contractor Work," as defined;
.4 All other items to be performed or provided by the Contractor under the terms of the Contract
Documents, or designated in the Contract Documents as included in the Work; and
.5 All other work necessary or appropriate to construct the Project in accordance with the Contract
Documents, excluding only work marked "NIC" on the Drawings and Specifications and the items
listed as "Exclusions" in Exhibit “C” attached to the Agreement, the General Conditions, or
both.
1.1.53
Words which have well-known technical or trade meanings are used herein in accordance with such
recognized meanings.
1.1.54
References to “Article(s),” “Paragraph(s),” “Subparagraph(s),” or “Exhibit(s),” shall refer to the
articles, paragraphs, subparagraphs and exhibits to these General Conditions, unless the context demands
otherwise.
ARTICLE 2
INSURANCE
2.1
Contractor's Insurance. Contractor shall purchase and maintain such insurance as will protect it
from the claims set forth below that arise out of or result from Contractor's operations under the
Agreement whether such operations be by Contractor or by anyone directly or indirectly employed by
Contractor, or by anyone for whose acts Contractor may be liable:
2.1.1
Claims under workers' compensation, disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed.
2.1.2
Claims for damages because of bodily injury, occupational sickness or disease, or death of
employees under any applicable employer's liability law.
2.1.3
Claims for damages because of bodily injury, or death of any person other than employees.
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2.1.4
Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use thereof.
2.1.5
Claims for damages because of bodily injury or death of any person or property damage arising
out of ownership, maintenance or use of any motor vehicle.
2.1.6
Errors and omissions in any professional services, but only when Contractor is specifically
required to perform, or is made responsible for the performance of, such services by the Contract Documents.
This requirement can be satisfied through evidence of a contractors’ professional liability policy or an
architects’ and engineers’ professional liability policy, which shall include contractual liability coverage.
Contractor’s deductible or self-insured retention shall not exceed fifty thousand dollars ($50,000) and
Contractor shall be responsible for such deductible or self-insured retention without regard to fault. Any
professional liability policy shall include a retroactive date that is no later than the date of inception of design
services or construction management services. Any professional liability coverage shall be maintained in
effect for a period of three (3) years after Substantial Completion of the Project, either through annual
renewals on substantially the same terms as the original policy, or through an extended reporting period of not
less than three (3) years. Contractor shall also require from subcontractors with a professional services
responsibility on the project, including, but not limited to design services, Professional Liability coverage in
an amount of not less than one million dollars ($1,000,000) per occurrence and in the aggregate. The same
provisions required of the Contractor herein shall also extend to Contractor’s subcontractors. Contractor shall
be responsible for obtaining from subcontractors certificates of insurance evidencing the above coverage prior
to the inception of the subcontractor’s Work and renewal certificates thereafter for a period of three (3) years
following substantial completion of the project. Such certificates, including renewal certificates, shall be
submitted to Owner upon request, but in any event, no less frequently than the renewal of such policies.
2.1.7
Commercial general liability insurance, written on an occurrence basis, shall be provided by
Contractor, covering claims and damages arising out of bodily injury, sickness, disease, death or property
damage (including loss of use), and including premises operations (including explosion, collapse and
underground coverages), elevators, independent contractors, completed operations (for a minimum period of
Three (3) years), personal injury and blanket contractual liability on all assumed or contractual liability of
Contractor, all including broad form property damage coverage.
2.1.8
Excess umbrella liability insurance to apply in excess of general liability, automobile liability and
employer’s liability coverage shall be provided by Contractor.
2.1.9
The insurance required by this Paragraph 2.1 shall be written for not less than any limits of
liability required by law or by those set forth below, whichever is greater. Coverage shall be maintained
through the date of Substantial Completion of the Project in addition to the completed operations period
required by the Contract Documents. Termination or reduction of coverage at time of Substantial Completion
shall occur only with Notice to IDI. IDI, Owner, City of Perris, End User, Lender, and Developer shall be
additional insureds on Contractor’s automobile liability, general liability and umbrella liability policies, and
Contractor’s insurance shall be considered primary and non-contributory with any insurance or self insurance
maintained by the Owner or any other additional insured. For general liability and umbrella liability policies,
Contractor shall procure and maintain during the completed operations period additional insured endorsement
20 10 11 85 or an endorsement that is substantially similar.
.1
Worker's Compensation:
(a) Applicable federal
(b) Applicable state
(c) Employer's Liability
Statutory
Statutory
$1,000,000
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.2
Commercial General Liability (Bodily Injury / Property Damage):
Each Occurrence
$1,000,000
Aggregate
$2,000,000
.3
Automobile Liability - Owned, Non-Owned and Hired
Bodily Injury Each Person
$1,000,000
Bodily Injury Each Accident
$1,000,000
Property Damage Each Occurrence $1,000,000
.4
Umbrella Liability
$10,000,000 each occurrence / policy aggregate
.5
Professional Liability
$2,000,000 each claim/$3,000,000 policy aggregate
.6 Property Insurance Requirement
Contractor shall maintain “All Risk” property insurance
coverage for no less than the full replacement cost
value of Contractor’s tools and equipment. Owner
assumes no responsibility whatsoever for theft or
damage sustained to Contractor’s personal property.
2.1.10
The foregoing policies shall contain a provision that the insurer will give to the first named
insured at least thirty (30) days advance written notice of policy cancellation and ten (10) days advance
written notice for non-payment of premium. Contractor agrees to provide to Owner thirty (30) days advance
written notice of policy cancellation, but in any event, no later than three (3) days following Contractor’s
receipt of notice of cancellation from Contractor’s insurance carrier. Certificates of Insurance containing the
information set forth in the Sample Certificate of Insurance attached hereto as Exhibit O, and showing such
coverages to be in force shall be filed with IDI prior to the commencement of the Work and Contractor shall
provide copies of all such policies at IDI’s request. Owner’s failure to review such certificates of insurance
shall impose no liability on Owner nor shall it relieve Contractor of its obligations under this Agreement. All
insurance required under Paragraph 2.1.9 shall be issued by insurers authorized to do business in the state
where the Project is located, and with a rating of not less than “A-” and a financial size of not less than Class
VII in the most current available Best’s Insurance Reports, and in a form reasonably acceptable to IDI.
2.1.11
If Owner or End User is damaged by the failure of the Contractor to maintain the above required
insurance, Contractor shall bear all reasonable costs properly attributable thereto. Insurance as required is a
material condition of this Agreement. Failure to obtain insurance as required renders this Agreement
voidable at Owner’s option. All insurance shall be occurrence coverage.
2.2
Insurance to Protect the Project.
2.2.1
The party named in Section 16.1 of the Agreement shall purchase and maintain policies of
insurance naming as insureds IDI, End User, Owner, Lender, Contractor and its Subcontractors, covering all
risks of physical loss or damage to the Project, including the perils of flood and earthquake regardless of the
flood or earthquake zone, with limits at least equal to the replacement cost of the Project on a completed
value basis (the "Builder's Risk Policy"). Additionally, if Contractor is made responsible for procuring and
maintaining Builder’s Risk coverage for the Project, Contractor shall name IDI, End User, Lender and Owner
as “loss payees” on such policies. Additionally, Lender shall be named as “mortgagee” on Contractor’s
Builder’s Risk Policy. This coverage may be provided through a Difference in Conditions policy, or if
located in a specific NFIP flood zone, the portion available through NFIP may be obtained with excess
coverage through Difference in Conditions policies. The value of the Project shall include all foundations,
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any below surface work, sidewalks, paving, site work, excavation work, landscaping, underground utilities,
pipes and drains. The Builder's Risk Policy shall apply until execution by IDI of a Certificate of Substantial
Completion for the entire Project, at which time IDI's or Owner’s property insurance shall commence with
respect to the Project. Contractor shall be responsible for any deductibles, self insured retention or
co-insurance penalties applicable to a Builder’s Risk claim or loss. No deductible shall exceed the maximum
amount indicated in Section 16.1 of the Agreement. The policies shall be issued by insurers authorized to do
business in the state where the Project is located and with a rating of not less than “A-,” and a financial size of
not less than Class XII, in the most current available “Best’s Insurance Reports,” and in a form reasonably
acceptable to IDI.
2.2.2
The party named in Section 16.2 of the Agreement shall purchase and maintain such boiler and
machinery insurance as is necessary. This insurance shall include the interests of IDI, End User, Owner,
Lender, Contractor and its Subcontractors in the Work. No deductible shall exceed the maximum amount
indicated in Section 16.2 of the Agreement.
2.2.3
Contractor shall provide IDI with certificates in the form of the Sample Certificate attached hereto
as Exhibit “O”, and the completed certificate shall be attached as Exhibit “O” to the Agreement in duplicate,
evidencing such coverages upon the execution of the Agreement. Contractor shall provide IDI with copies of
all such policies prior to the initiation of construction of the Work on the Site. Copies of any subsequent
endorsements shall also be furnished. The foregoing policies shall contain a provision that coverage under
the policies will not be canceled, non-renewed or modified by the addition of any endorsements restricting or
reducing coverage until at least sixty (60) days’ prior Notice has been given to Owner.
2.2.4
Any insured loss shall be adjusted by IDI and End User and made payable to IDI, Owner, Lender,
End User, Developer and Contractor, as their interests may appear. Upon the occurrence of an insured loss,
monies received from the insurer will be distributed between IDI, Owner, End User, Lender and Contractor in
accordance with their interests in the proceeds. If they are unable to agree between themselves on the
distribution, this dispute shall be submitted to resolution pursuant to Article 19.
2.3
Effect of Insurance. No acceptance or approval by IDI, Owner, Lender, End User, or Developer
of any insurer or insurance policy or policies shall relieve or release Contractor from any liability, duty or
obligation assumed by, or imposed upon it by, the Contract Documents.
2.4
Waiver of Subrogation. To the greatest extent permitted by law, IDI, Owner, End User, Lender,
Developer and Contractor waive all rights against each other and all Subcontractors for all loss or
damage, but only to the extent such loss is covered by insurance purchased and maintained under
this Article 2, other than the professional liability insurance required by Sections 2.1.6 and 2.1.9.5.
Contractor shall require similar waivers from all Subcontractors in all Subcontracts. If any policy
of insurance requires an endorsement to provide for continued coverage where there is a waiver of
subrogation, the party responsible for purchasing and maintaining such policy will cause it to be
so endorsed.
2.5
Additional Insurance. If Owner, Lender, End User, End User’s lender, or any insurance carrier
for the Project requires that the insurance requirements set forth in the Contract Documents be
varied, Contractor agrees to enter into suitable modifications of the provisions hereof, provided
Owner bears any additional cost reasonably occasioned thereby.
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ARTICLE 3
PAYMENT AND PERFORMANCE BONDS
3.1
Upon the execution of the Agreement by all parties, Contractor shall provide Owner a payment
and a performance bond in the form attached hereto as Exhibit "E" designating Contractor as obligor,
designating Owner as obligee, and designating the co-obligees identified in Section 16.3 of the Agreement.
The penal amounts of the bonds shall be 100% of the Contract Price under a Lump Sum Agreement and
100% of the GMP under a Guaranteed Maximum Price Agreement. The performance bond shall expressly
cover all Milestone Liquidated Damages. Such bonds shall be issued by a surety company or companies
listed by the Department of the Treasury as "Companies Holding Certificates Of Authority As Acceptable
Sureties On Federal Bonds And As Acceptable Reinsuring Companies" as revised annually on July 1 (see
Federal Register Vol. 57, No. 127) and the surety or sureties shall verify in writing that such performance and
payment bonds shall not be subject to revocation, modification or cancellation without the prior Approval of
Owner and the co-obligees.
3.2
To the full extent allowed by law, Contractor shall not permit or suffer any mechanic's or other
similar lien filed by any Subcontractor, sub-subcontractor of any tier, material vendor, laborer or materialman
to remain upon the premises of Owner or End User’s real property and shall satisfy and have discharged any
lien so filed within seven (7) days of its filing or such earlier period as Owner may request or as may be
necessary to avoid enforcement thereof. Contractor shall have the obligation to bond off or to provide other
satisfactory security against any unreasonable and improper lien which Contractor desires to contest.
Contractor agrees to indemnify and hold Owner free and harmless from and against any and all loss, liability,
claim, damage, cost and expense from any lien on the Project which is placed on or remains on the Project in
connection with the Work, or any stop notice or similar action on the part of any Subcontractor, subsubcontractor of any tier, material vendor, laborer or materialman, and Contractor shall at its sole cost and
expense save and defend Owner from any and all cost and expense in connection therewith. In the event
Contractor should neglect or refuse to cause any such mechanic's or other similar lien promptly to be
discharged or bonded off as required above, Owner, after giving Contractor three (3)
days Notice of its intention so to do, shall have the right, but not the obligation, to pay or to bond off such
lien and such payment incurred by Owner shall be credited to the account of Owner. Owner shall be entitled
to offset one hundred percent of the amounts so paid or bonded, plus twenty-five percent of such amounts as
reasonable attorneys' fees, against any payments due or thereafter becoming due to Contractor.
ARTICLE 4
CONTRACTOR'S RESPONSIBILITIES
4.1
Duties of Contractor. Contractor accepts the relationship of trust and confidence established
with Owner by the Contract Documents, and covenants with Owner to furnish Contractor's best skill and
judgment to further the interests of Owner. Contractor shall furnish labor, materials, construction
administration, management, and supervisory services, and use Contractor's best efforts to perform the
Project in an expeditious and economical manner consistent with the interests of Owner.
4.2
Responsibility for All Work. Contractor shall have full responsibility and liability, subject to the
other terms hereof, for performance of all of the Work. Contractor retains all responsibility for acts,
omissions, techniques, means, methods, materials, sequences and procedures supplied or performed by
Contractor, by Subcontractors, Suppliers or sub-subcontractors, suppliers, material suppliers or laborers of
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any tier, regardless of whether the Contract Documents, Owner, or Architect, or a Subcontractor, or subsubcontractors, Suppliers, material suppliers or laborers of any tier, or the Construction Documents suggest
any such techniques, means, methods, sequences or procedures. Contractor agrees that neither the Contract
Documents, nor any contract entered into between Contractor and any of its Subcontractors or Suppliers, shall
create any direct contractual relationship between Owner and any Subcontractor, or Supplier, or any subsubcontractors, material suppliers or laborers of any tier, and that any contract provision purporting to create
such a direct contractual relationship shall be null and void.
4.3
Obligations as Professional. Contractor acknowledges the performance of construction work is
professional in nature, and regardless of Owner's or Architect's review, approval or concurrence of any type,
Contractor is responsible for all errors, and omissions in connection with the Work and all damages resulting
therefrom.
4.4
General Obligations. Without limitation of its responsibilities for the performance of the Work,
Contractor shall:
4.4.1
Jointly schedule and attend regular meetings with Owner, Architect and with major Subcontractors
and Suppliers on a regular basis and not less frequently than as stated in Section 13 of the Agreement. During
and in connection with such meetings, Contractor shall consult with Owner and Architect as requested
regarding the Project status and schedule, Site use and improvements, the selection of materials, building
systems and equipment, recommendations on construction feasibility, actions designed to minimize adverse
effects of labor or material shortages, time requirements for procurement, installation and construction
completion, and factors related to construction cost including value engineering and estimates of alternative
designs or materials, preliminary budgets and possible economies. Contractor shall provide and distribute
minutes of such meetings, including a list of the action items, responsible parties, and action dates to maintain
the Construction Schedule.
4.4.2
Cause the Work to be performed in a prompt and expeditious fashion, in a good and workmanlike
manner, in strict compliance with the Contract Documents, and in accordance with all applicable laws,
including those relating to environmental protection and Hazardous Materials.
4.4.3
Cause each Milestone of the Project to be Substantially Completed on or prior to the applicable
Milestone Date, subject only to Permissible Extensions.
4.4.4
Pay all sales, use, gross receipts and similar taxes which relate to the Work.
4.4.5
Keep the premises free from the accumulation of waste or rubbish from performance of the Work.
At the completion of the Work, Contractor shall remove all such waste and rubbish from and around the
Project, as well as all its tools, construction equipment, machinery and surplus materials.
4.4.6
Work.
Give all notices and comply with all laws and ordinances which govern the proper execution of the
4.4.7
Secure all required certificates of inspection, testing or approval and deliver them to Owner.
4.4.8
Unless otherwise provided in the Contract Documents, Owner shall obtain and pay for all
necessary permits or licenses, including utility tap fees. At Owner's option, Owner may request that the
Contractor make payment directly to the issuer of the permit or license or the recipient of the fee and
reimburse such amount to Contractor.
4.4.9
Inspect portions of the Work already performed to determine that such portions are in proper
condition to receive subsequent Work.
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4.4.10
Provide and pay for all supervision, labor, materials, equipment, utility services (including water,
gas, electricity, sewage, or waste water), tools, supplies, transportation and other items or facilities necessary
for the execution and completion of the Work in accordance with the Contract Documents.
4.4.11
Provide and maintain a sufficient number of temporary buildings for the operation of its field
organization and each of its Subcontractors, Owner and Architect, as well as for storage of all materials and
housing of machinery, tools and equipment. Contractor shall provide such other temporary construction and
facilities as may be required for the Work. Contractor further agrees to use staging areas, if designated by
Owner.
4.4.12
Contractor shall: (i) comply with any and all conditions of any existing permits or authorizations
issued under any federal, state or local governmental authorities having jurisdiction over the Project and
activities thereon; (ii) to obtain, comply with, and file the Notice of Termination in compliance with the terms
of the applicable permit and all Storm Water Discharge Laws (as defined below) with regard to in each case,
all permits, authorizations or approvals required under the Federal Clean Water Act relating to wetlands and
relating to domestic, process and stormwater discharges associated with the Project, including any National
Pollutant Discharge Elimination System (“NPDES”) permits and approvals and any SWPPP required for the
discharge of construction storm water by 33 U.S.C. Section 1342(p) and 40 C.F.R. Section 122.26 or any
similar state statute or regulation in reliance upon which the United States Environmental Protection Agency
has authorized the state to operate a permitting program in lieu of federal implementation of the NPDES
program in that state (such approvals are hereinafter collectively referred to as the “Storm Water Discharge
Approvals”);” and the referenced statutes and regulations are hereinafter collectively referred to as “Storm
Water Discharge Laws”); and (iii) shall implement the requirements of
and comply with a SWPPP for the construction of the Project and shall conduct all activities at the Project
which are necessary to ensure compliance with the SWPPP for the Project. In the event that any of the Storm
Water Discharge Approvals are not terminated prior to Substantial Completion of the Project and the sale of
the Project. Contractor (and NOT IDI, Lender or End User) shall continue to manage and to perform at their
cost any storm water compliance activities required under the Storm Water Discharge Approvals and the
Storm Water Discharge Laws, through termination of the applicable permit. Contractor shall exercise day-today operational control of those activities at the Project which are necessary to ensure compliance with a
SWPPP for the Project and other related storm water permit conditions. Neither IDI, Lender or End User nor
any of its agents or employees or vendors or consultants shall be responsible for nor shall exercise day-to-day
operational control of activities relating to the construction of storm water facilities at the Project, or any offsite storm water detention ponds or facilities, or storm water compliance activities related to construction or a
Storm Water Discharge Approval relating to construction of the Project, or the proper termination of any
permits which are necessary to ensure compliance with the SWPPP or the NPDES permit or the Storm Water
Discharge Approvals and Storm Water Discharge Laws. Contractor shall diligently pursue each of the
foregoing obligations to completion, and shall indemnify, defend, and hold harmless IDI, Lender and End
User against any claims, penalties, judgments, expenses, or attorney fees arising out of any failure to comply
with the foregoing.
4.5
Work Force.
4.5.1
The supervisory personnel identified in Section 15 of the Agreement (the “Project Team”) have
been assigned by Contractor to the Project and shall have the following duties and responsibilities:
.1 Project Executive: The Project Executive shall be a senior executive (or Principle) of
Contractor who shall have overall responsibility for the Project and the performance of each member of the
Project Team. The Project Executive shall maintain direct channels of communication with the senior
executives of Owner and shall be available, upon reasonable notice, to meet or confer with such
representatives of the Owner to discuss the progress of the Project and any problems or issues that may arise.
This person shall not be the Project Manager.
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.2 Project Director: The Project Director shall be an employee of Contractor who is specifically
assigned to the Project on a full- or part-time basis, and who shall be responsible for general oversight and
coordination of the Project Team. The Project Director shall review and become familiar with each updated
Project schedule and budget prepared by Contractor. The Project Director shall meet with representatives of
the Owner, on reasonable notice, to discuss any problems or issues concerning the Project, including the
schedule, the budget, staffing of the Project with Contractor personnel and subcontractors, and the quality of
construction of the Project. Unless otherwise approved by Owner, the Project Director shall have a B.S. or
equivalent degree in a field of study relating to the management and oversight of construction projects. (This
position/person may be combined in duties with the Project Manager).
.3 Project Manager: The Project Manager shall cooperate with the other members of the Project
Team and shall provide day-to-day oversight and support to the Project, including preparing reports to
management and other groups on the progress of activity. The Project Manager will be responsible for
closely tracking the progress of construction-related activities from inception to completion and shall be
available to meet or confer with representatives of the Owner on a daily basis. The Project Manager will act
as the primary interface between Contractor, design professionals, home-office employees of subcontractors,
and Owner, as well as with governmental entities having jurisdiction over the Project. Unless approved by
Owner in advance, the Project Manager will devote at least thirty percent (30%) (or a higher percentage if
required by other provisions within this Agreement) of his or her time to the Project between the signing of
the Agreement and Final Completion. The Project Manager shall remain closely involved in the Project
through completion of all punch list items, and shall be prepared to take such action as is necessary to ensure
timely completion of the punch list.
The Project Manager has overall responsibility for delivering the construction project from start to finish.
The Project Manager must follow Owner’s performance and delivery criteria for the project. The position
includes estimating, project start up, scheduling, subcontracting, purchasing, labor and material expediting,
arranging for inspections, quality control, cost control and management, and final delivery of the project. The
Project Manager shall have full authorization to commit subcontractors and direct their forces to meet project
goals and schedule. The Project Manager must have a minimum of five (5) years of experience, must be
capable of demonstrating leadership, and must have a working knowledge of construction operations and
construction management. A bachelor’s degree in engineering, architecture or construction is required. The
Project Manager must understand construction methods materials, scheduling, and plan reading, must have
sufficient communication skills and be familiar with construction procedures, construction accounting and
administration. The Project Manager will be the primary business contact with the Owner. The Project
Manager will attend all project progress meetings, punchlist inspections, the 11-Month Walk-Through and
other meetings as requested by the Owner.
.4 Superintendent: The Superintendent shall be responsible for organizing, direction, supervising
and coordination construction activities at the Project site. The responsibilities of the Superintendent shall
include: proper maintenance of work procedures and manpower levels of Contractor and all subcontractors,
ensuring adherence to the Owner approved Project Schedule by Contractor and all subcontractors, monitoring
and implementing safety programs, inspecting the work in progress at the Project to ensure conformance with
the drawings, specifications, and applicable building codes, and maintenance of daily logs, as-built drawings,
change orders, requests for information to the Architect, responses by the Architect to requests for
information, shop drawings, submittals, Project documents at the
Contractor’s home office, and other Project records at the site. The Superintendent shall enforce quality
control of all trades. The Superintendent shall schedule and conduct weekly meetings at the Project site of all
subcontractors and other Project participants as Owner may request, and shall be prepared to meet with
representatives of Owner on a daily basis to discuss the progress of the Project and any issues or problems
that may arise. Unless otherwise approved by Owner, the Superintendent shall be assigned to the Project fulltime, shall be stationed at the Project site, and shall devoted one hundred percent (100%) of his or her
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working hours to the Project, between the Notice to Proceed with the Work and Final Completion. The
Superintendent shall remain closely involved in the Project through completion of all punch list items, and
shall be prepared to take such action as is necessary to ensure timely completion of the punch list. Unless
otherwise approved by Owner, the Superintendent shall have a minimum of five (5) years experience as a
Superintendent, have a high school degree or equivalent and suitable experience in superintendence of
construction projects of type and magnitude similar to the Project. A college degree is not required but
encouraged. The Superintendent shall enforce good order and compliance with work rules by all
subcontractors, and shall coordinate the performance of subcontracted work in accordance with the Project
schedule and quality requirements. This position shall have and execute high quality “CPM” scheduling
methods and abilities for this project.
.5 Assistant Superintendent: The Assistant Superintendent shall assist the Superintendent in
organizing, direction, supervising and coordinating construction activities at the Project site. The
responsibilities of the Assistant Superintendent shall include: assisting the Superintendent in proper
maintenance of work procedures and manpower levels by Contractor and all subcontractors, ensuring
adherence to the Project schedule by Contractor and all subcontractors, monitoring and implementing safety
programs, inspecting the work in progress at the Project to ensure conformance with the drawings,
specifications, and applicable building codes, and maintenance of daily logs, as-built drawings, and other
Project records at the site. The Assistant Superintendent shall attend and participate in weekly meetings at the
Project site as scheduled and conducted by the Superintendent and shall be prepared to meet with
representatives of Owner on a daily basis to discuss the progress of the Project and any issues of problems
that may arise. Unless otherwise approved by Owner, the Assistant Superintendent shall be assigned to the
Project full-time, and shall devote one hundred percent (100%) of his or her working hours to the Project,
between the Notice to Proceed with the Work and Substantial Completion. The Assistant Superintendent
shall remain closely involved in the Project through completion of all punch list items, and shall be prepared
to assist the Superintendent in such action as is necessary to ensure timely completion of the punch list. The
Assistant Superintendent shall assist the Superintendent in enforcing good order and compliance with work
rules by all subcontractors, and shall coordinate the performance of subcontracted work in accordance with
the Project schedule and quality requirements.
.6 Field Engineer: The Field Engineer shall be responsible for the oversight, coordination and
supervision of survey, testing, inspection and other engineering and technical activities at the Project site.
The Field Engineer shall timely review all surveys, material testing reports, and similar documents and
compare same to the plans and specifications to ensure that the Project is being constructed in a quality
manner in accordance with the contract documents. Unless otherwise approved by Owner, the Field Engineer
shall have a minimum of three (3) years experience in similar complex projects, a high school degree or
equivalent and technical training in the fields of surveying, or construction materials and testing, or other
fields relevant to the performance of his or her responsibilities.
The Field Engineer shall manage the following areas as an assistant to the Project Manager and
Superintendent: the organization, administration, and coordination of all the elements involved in
construction labor, temporary and permanent materials, equipment, supplies and utilities, payments to
vendors, technology and methods, and time in order to complete the construction project on schedule,
according to specified standards of quality and performance. Specific duties may include uploading
photographs to the Expesite system, preparing and distributing reports such as the Monthly Status Report and
Vendor Checklists, reviewing and distributing project submittals, preparing and maintaining the list of longlead material deliveries and maintaining records drawings on site. This person shall be employed at the
project site on a full time basis and shall not be responsible for more than this single project.
.7 Safety Director: The safety director’s primary responsibility is to keep the loss of human and
property resources to a minimum. The Safety Director is an individual capable of managing jobsite safety by
providing safety training for employees, inspecting jobsites, correcting safety hazards found during regular
inspections, managing worker’s compensation insurance processes, and ensuring that the company is in
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compliance with required Occupational Safety and Health Administration (OSHA) safety and health
standards. A college education is not essential although pertinent safety training courses are required. Safety
Director will have a practical working knowledge of OSHA regulations as relevant to a construction jobsite.
This person will have a basic knowledge of construction operations, materials and methods. Safety Directors
will have previous construction experience in construction safety.
4.5.2
Unless the personnel identified in Section 15 of the Agreement and listed in this article leave the
employ of Contractor, they shall not be removed from the Project or assigned to a different position with
respect to the Project without Owner’s permission. Contractor shall immediately give Notice to Owner of
any personnel changes caused by personnel leaving the employ of Contractor, and shall immediately submit
substitute personnel for Owner’s consideration and Approval.
4.5.3
Contractor shall employ, and require all Subcontractors and Suppliers to employ, only skilled
workmen properly qualified by experience and ability to perform the task assigned to them. Contractor shall
be responsible for acts and omissions of Contractor's employees, Subcontractors and Suppliers and their
agents and employees, and other persons performing any part of the Work.
4.5.4
Contractor shall maintain and assign to the Work, at all times, competent and sufficient staff and
personnel with appropriate expertise to coordinate and provide general direction to the Work and to perform
their services in a skilled, professional and satisfactory manner so as not to delay the progress of the Work.
Contractor shall give Notice to Owner of any Subcontractor or Supplier that it proposes to use on the Project
that has a financial, corporate or common-ownership relationship to Contractor. Contractor shall not use such
entities without prior Approval of Owner.
4.6
Administrative and Temporary Facility Responsibilities.
4.6.1
Contractor shall maintain at the Site, on a current basis, copies of all executed Subcontracts,
Drawings and Specifications, Construction Documents, Contract Documents, the Construction Schedule,
shop drawings, maintenance and operating manuals and records relating to Project materials, equipment and
construction, including marked-up drawings and specifications showing actual locations of utilities and all
changes and alterations made during construction. Owner shall have full reasonable access to all Project
records for review and copying.
4.6.2
Contractor shall not make, cause to be made, or permit, any contract for materials or equipment to
be used in connection with the Work which is on a conditional sales or any other basis whereby the title to the
equipment or materials does not pass to Owner upon payment by Owner, free and clear of any lien, financing
arrangement, or other impediment to title.
4.6.3
Contractor shall coordinate the Work and supervise the Work of Subcontractors and the
procurement of supplies and materials from Suppliers, and shall coordinate the Work of all crafts to eliminate
interferences, duplication of Work and unfinished gaps between operations.
4.6.4
Contractor shall regulate and schedule the activities of each trade and craft involved in the Work
so as to eliminate delays due to overlap in time of starting Work of various trades or to lack of erection or
installation of contiguous or underlying Work upon which installation or erection of Work of any trade is
dependent.
4.6.5
Contractor shall notify its Subcontractors and Suppliers of features of construction required in
their Work to receive, engage and support parts of other Work, and of easements and tolerances required. It
is Contractor's responsibility to ensure that each Subcontractor leaves its Work in proper condition to receive
subsequent application of Work of other trades.
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4.6.6
Contractor shall prepare and protect the Work as required for introduction into the Project of
materials, fabrications, furniture and equipment furnished by Owner. Contractor shall render assistance as
required to facilitate installation of such items.
4.6.7
Contractor shall be responsible for filing addenda and modifications to the Contract Documents
that are Approved or Accepted by Owner with public authorities having jurisdiction over the Work. Such
documents, including periodic drawing revisions, shall be provided as required by such authorities.
4.6.8
Contractor shall provide and maintain temporary services and facilities which will include but not
be limited to hoists, bunkers, scaffolds, site access, water, electrical power, and power distribution,
dewatering, enclosure of work, heat, ventilation and other temporary construction facilities, excepting only
such as are specifically required to be provided by others. Temporary hoists, bunkers and other temporary
construction facilities shall be located in or about the Project in such a position as is practicable and where
they will not interfere with the progress of the Work. Contractor shall provide such temporary services and
facilities that are ready for use when first needed to avoid delay in the Work, and shall maintain, expand and
modify same as needed. Contractor shall not remove same until no longer needed, or replaced by authorized
use of permanent facilities.
4.6.9
Contractor shall protect the construction Site and surrounding public areas in compliance with
applicable codes and regulations of all governmental entities having jurisdiction. Contractor shall be
responsible for obtaining and paying for all required permits and inspections in connection therewith.
Contractor shall provide and maintain in working order all required warning lights and shall pay all costs in
connection therewith.
4.6.10
Contractor shall provide and maintain, in compliance with local custom and applicable codes and
regulations of authorities having jurisdiction, complete temporary toilet facilities. Upon completion of the
Project, or prior thereto when so authorized, temporary toilet facilities shall be disconnected and all
equipment and temporary construction connected therewith removed from the Site.
4.6.11
Contractor shall arrange for connections and pay for potable water and electric service for power
and light, including temporary connections, to include those used by Owner’s separate Subcontractors during
the progress of the Work and until final acceptance. Should Contractor fail to pay for water, electric power or
other material used in the Work, Owner may offset from the monies due or to become due to Contractor a
sum sufficient to make such payment, and should any claim for payment remain unsettled for thirty (30) days
after Owner has informed Contractor thereof, Owner may settle such claim or claims out of the monies
reserved and the amount expended for such purposes shall be deducted from monies due or to become due to
Contractor.
4.6.12
Contractor shall provide two (2) independent service numbered telephones in the construction
trailer and a telephone answering machine. One telephone shall be a cordless telephone with a minimum
range of 700 ft. The superintendent shall carry this telephone when on the job Site away from the trailer.
Contractor shall subscribe to the optional features of "call waiting" and "call hold" for both construction
telephones.
4.6.13
Signs furnished by Owner or included in Contract Documents shall be erected on the Site as and
where required by Owner. Contractor shall not place or allow to be placed any signs, billboards or posters on
any portion of the Site or the Project, except with written permission from Owner and then only of a size,
material, color and type and at a location Approved by Owner.
4.6.14 Contractor shall provide a temporary job site office trailer building(s). The building shall include
weather proof conditioned space, one functioning toilet facility and shall be furnished with work tables, plan
racks, plan tables, office desks, office chairs, folding tables and chairs and such reasonable equipment to
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function as a professional office space for the contractor’s field personnel and the Owner’s representatives.
There shall be adequate working surfaces for the Owner’s rep to have desk space as well as space to conduct
the periodic Owner-Contractor meetings in the space. This office shall be made available to the Owner’s
consultants when hey are on site to perform their office work. This office shall be available fully functioning
within 10 days of Notice To Proceed. The building(s) shall allow ample size to contain the required weekly
subcontractor meetings fully within. There shall be a proper stair and landing at two exterior doors minimum.
The office shall be cleaned and kept clear of stored materials throughout the project. The building(s) shall be
set to accommodate the project execution so that it can be left in place until the project is substantially
complete. There may be further descriptions in the Project Manual General Conditions which further
describe the required temporary office equipment and facilities. Each is complementary of the other in
required scope. These are the minimum required provisions.
4.6.15
The working area outside of the building lines for use of storage of materials, for equipment
operations and for temporary buildings, is the area bounded by the limiting streets and property lines, unless
otherwise restricted by the Contract Documents. Other space, including public sidewalks and roadways, may
be used only if permitted for temporary use by the applicable building codes or public authorities having
jurisdiction, and only if the cost, if any, is borne solely by Contractor. Disturbed public areas shall be
restored to their original state at completion of use, as approved and accepted by the public authorities having
jurisdiction.
4.6.16
The Site shall not be encumbered by the storage of materials for extended periods prior to
installation of such materials. No trenches required for utility systems and the like shall be excavated until
equipment required therefore is ready for installation and such Work is ready to be performed.
4.6.17
Contractor shall send notices, make all necessary arrangements and perform all services for
protection and maintenance of public utilities during the construction period and until final acceptance of the
Project by Owner.
4.6.18
Contractor, at its sole cost and expense, shall obtain and pay for permits and inspections required
to use public streets, sidewalks, curbs and paving (including cutting openings therein), shall post any
guarantees and bonds required, and shall be responsible for repair and correction of damage as required by the
public authorities having jurisdiction.
4.6.19
Until Substantial Completion of the Project, Contractor, at its sole cost and expense, shall be the
building manager and shall be responsible for providing and maintaining temporary doors for security, for
locking and unlocking entrances, for protection of all parts from damage or from wetting by rains or flood
water, for provision of safety and enforcement of safety regulations, for preventing unauthorized persons
from entering the property, for general orderliness, for care of the adjacent properties and public ways
abutting the property of Owner and for any temporary assignment of space within the Site or premises.
4.6.20
Contractor shall comply with the requirements of NFPA Code 241, “Building Construction and
Demolition Operations”, the ANSI-A10 Series standards for “Safety Requirements for Construction and
Demolition”, and the NECA National Joint Guideline NJG-6 “Temporary Job Utilities and Services”.
4.6.21
Contractor shall provide temporary roads during the course of the work as may be required for the
proper execution of the Work. Roads should be suitable for site conditions and local weather
conditions. In the absence of specific locations and where possible, Contractor shall locate in the same
locations as permanent driveways or parking areas. Other, additional or specific temporary construction
access points may be required by Construction Documents and are included in the Contract Sum or Contract
Price.
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4.6.22
Contractor shall provide temporary enclosure where reasonably required to ensure adequate
workmanship and protection from weather and unsatisfactory ambient conditions from the Work, including
enclosure where temporary heat is used. All enclosures shall conform to building code and local ordinances.
4.6.23
Contractor shall provide temporary heat where needed for performance of Work, for curing or
drying of recently installed Work or for protection of Work in place or from adverse effects of low
temperatures or high humidity.
4.6.24
Contractor shall provide sufficient temporary lighting to ensure proper workmanship, by
combined use of daylight, general lighting, and portable plug-in task lighting. Minimum temporary light
levels may be required in other specification areas or drawings.
4.6.25
Contractor shall provide, when appropriate, temporary security and protection including, but not
limited to, fire protection, barricades, warning signs/lights, building enclosure/lockup, environmental
protection, and similar protections intended to minimize property losses, personal injuries and claims for
damages at project site. At the earliest possible date, Contractor shall secure partially completed areas of
construction against unauthorized entrance at times when personnel are not working. Contractor shall
provide secure and substantial temporary enclosures with locked entrances at ground floor and other locations
adequate to prevent unauthorized entrance, vandalism, theft and similar violations of security. Where
materials and equipment must be temporarily stored, and are of substantial value or attractive for possible
theft, Contractor shall provide a secure lockup. Contractor shall provide such watchman services as
appropriate to properly safeguard materials, tools, appliances and Work during all hours that operations under
the Contract are not being actively performed. Owner shall have no responsibility for loss of, or damage to,
materials, tools, appliances or Work arising from acts of theft, vandalism, malicious mischief or other causes.
4.6.26
Owner reserves the right to advertise on or about the premises. The Contractor shall not display
nor permit any signs or advertisements without Owner’s Approval.
4.6.27
Elevators may be used during the course of construction by Contractor once the elevators are
declared operable by the elevator Subcontractor, provided that Contractor shall adequately protect
all parts of the equipment, machinery, controls and cabs from damage or harm of any nature; and
elevators shall be available to all separate contractors and subcontractors as may be requested by
Owner.
4.6.28
Contractor shall cooperate with the Owner and End User in complying with the requirements of
any loan agreement or title insurance policy and shall provide all information, documents, reports
and other information requested by any lender, escrowee under any construction loan escrow, or
title insurer for the Project. Contractor shall cooperate with such lender, escrowee or insurer to the
fullest extent possible. If End User of a lender, if any, shall designate an inspecting architect or
other representative, Contractor shall cooperate with such inspecting architect or representative to
the fullest extent possible.
4.7
Construction Schedules. Contractor shall:
4.7.1
Furnish Owner with a project schedule (the “Construction Schedule”) using Microsoft Project
scheduling software. The Construction Schedule shall incorporate the Milestones, Milestone Dates and
information contained in Exhibit "D" attached to the Agreement or to the General Conditions. The
Construction Schedule shall clearly show all construction activities, dependencies, durations, and critical path
activities. Each activity shall be assigned a trade or subcontractor name in the Resource column of Microsoft
Project. Contractor shall provide the Construction Schedule within thirty (10) days of Notice To Proceed.
Longer duration activities shall be broken into sub-activities when the Work can be completed in phases (i.e.,
south half, north half, etc.). Key material and equipment delivery dates shall be clearly indicated in the
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schedule. Contractor will have complete flexibility in schedule logic and content, provided the
aforementioned Milestone Dates are as indicated in Exhibit “D” and provided Contractor’s schedule strategy
is acceptable to Owner. Owner may provide a template for format and appearance of the Construction
Schedule. Owner may also provide dates for activities by separate contractors and Contractor agrees to
coordinate his activities with those of separate contractors provided such activity dates are reasonable.
Contractor shall allow for normally foreseeable adverse weather when establishing schedule dates for his
activities. No single Work activity shall have a duration of more than five (5) days without express
permission from Owner.
Contractor shall also submit the following schedules to Owner for approval no later than ten (10) days after
Owner's request for each item. Contractor shall update each schedule listed below at the end of each month,
or more frequently if requested by Owner.
.1
Individual trade schedules.
.2 Material purchase/procurement schedule (“Procurement Schedule”) by trade in a format subject
to Owner approval. This Procurement Schedule shall be completed and submitted along with the
Construction Schedule.
.3
Anticipated payment schedule, indicating costs on a monthly basis.
4.7.2
Provide weekly monitoring of the progress of the Work and the Construction Schedule as
construction progresses, identify potential variances between scheduled and probable completion dates,
review the schedule for Work not started or incomplete and direct Subcontractors with adjustments in the
Construction Schedule to meet the Milestone Dates, and provide weekly written summary reports of such
monitoring to Owner. Owner will provide a format for weekly monitoring reporting. All reporting will be
maintained and submitted on the Internet System described in Article 4.19.
4.7.3
Update the schedule no less frequently than monthly, or more often if requested by Owner. All
schedules will be maintained and submitted on the Internet System described in Article 4.19.
4.7.4
Determine the adequacy of Contractor's and Subcontractors' personnel and equipment, and the
availability of materials and supplies to meet the Construction Schedule, and take appropriate action to
prevent the Work from falling behind the Construction Schedule and to ensure that the requirements of the
Subcontracts are being met.
4.7.5
(not used)
4.8
Schedule of Values. Contractor shall prepare and provide to Owner a Schedule of Values
including therein as a line item the estimated cost for each major component of the Work within the Contract
Price or Guaranteed Maximum Price, as the case may be. The proposed Schedule of Values shall be
submitted by Contractor within 15 days of execution of the Agreement. The format of this Schedule of
Values shall be approved by Owner prior to submission of the first Application for Payment. Contractor's
Fee under a Guaranteed Maximum Price Agreement shall be shown as a separate line item. The values
allocated to the various portions of the Work shall be certified by Contractor to be accurate and balanced in
relation to each other, and shall be revised and refined at appropriate intervals as reasonably required by
Owner, Architect, the Contract Documents or the conditions of the Work and Project. The Schedule of
Values, and as revised thereafter, are provided by Contractor for the purpose of permitting Owner to monitor
the progress of the Work.
4.9
Review of Contract Documents and Field Conditions.
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4.9.1
Contractor shall carefully study and compare the Drawings and Specifications, Construction
Documents, and other Contract Documents with each other and shall at once give Notice to Owner and
Architect of any errors, inconsistencies or omissions discovered. Contractor shall not be liable to Owner or
Architect for damage resulting from errors, inconsistencies or omissions in such documents unless
(1) Contractor failed to conduct such careful study and review, or (2) Contractor recognized, or reasonably
should have recognized through careful study and review, such error, inconsistency or omission and failed to
give Notice to Owner and Architect. If Contractor performs any construction activity that it knows, or
reasonably should know, involves an error, inconsistency or omission in the Contract Documents without
giving Notice to Owner and Architect, Contractor shall assume responsibility for such performance and shall
bear the costs of correction at the Contractor’s sole expense and if applicable, outside the determination of the
GMP.
4.9.2
Contractor shall take field measurements and verify field conditions and shall carefully compare
such field measurements and conditions and other information known to Contractor with the Construction
Documents and other Contract Documents before commencing activities. Contractor shall promptly give
Notice to Owner and Architect of any errors, inconsistencies or omissions discovered by Contractor.
4.9.3
In general, Drawings shall show dimensions, positions, materials and kinds of construction.
Specifications shall describe quality of materials, workmanship and methods. Work called for on the
Drawings and not mentioned in the Specifications, or vice versa, shall be performed as though fully set forth
in both. Work not particularly detailed, marked or specified shall be the same as similar parts that are
detailed, marked or specified. In the event of a conflict between the Specifications and the Drawings,
regarding material, quality, size, shape or dimension, the Specifications shall govern or the more restrictive of
the Drawings or Specifications as determined by Owner. In the case of an inconsistency between or within
Drawings and Specifications that is not clarified by addendum, the better quality or greater quantity of Work
shall be provided in accordance with Architect's interpretation.
4.9.4
The Contract Documents are complementary and what is required by any one shall be as binding as
if required by all. The intention of the Contract Documents is to include all labor, materials, equipment and
other items as provided herein necessary for the proper execution and completion of the Project. It is
intended that Work not covered under any heading, section, branch, class or trade of the Specifications shall
be supplied if it is required elsewhere in the Contract Documents or is reasonably inferable therefrom as
being necessary to produce the intended results. In the event of any conflict in the requirements of the
Contract Documents, Contractor shall install and complete the Work in accordance with the highest, best and
most stringent of said requirements. Contractor shall give Notice to Owner of such differences prior to
commencing the Work and Owner reserves the right to provide direction on such matters.
4.9.5
With Owner's concurrence, interpretations necessary for the proper execution or progress of the
Work, in the form of Drawings or otherwise, shall be issued with reasonable promptness by Architect.
Owner or Contractor may make written request for such interpretations. Contractor may submit Requests For
Information (“RFI”) to Architect for such interpretations. Each RFI will be dated and numbered
consecutively, shall indicate the date by which Contractor needs a response, and shall identify any activities
on the Construction Schedule that may be affected thereby. Architect’s responses to RFI shall be consistent
with and reasonably inferable from the Construction Documents, and may be in the form of an Architect
Memorandum.
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An Architect Memorandum may be issued by Architect for clarification of Drawings or Specifications only if
no cost or time change is involved. Each Architect Memorandum will be dated and consecutively numbered.
Architect Memoranda shall not be deemed Change Orders, but such interpretations shall be considered a part
of the Construction Documents except when countersigned by Contractor with the statement that cost and
time are affected. Such acceptance shall not be unreasonably withheld by Contractor. Work executed before
receipt of such interpretations, if not in accord, shall be removed and replaced or adjusted, at Owner’s option,
and at Contractor's expense. If, in Contractor's opinion, such interpretations are more elaborate than the
Construction Documents indicate, Notice shall be given to Architect and Owner within ten (10) days of
receipt thereof. Such Notice will be considered by Owner and, if justified, the written interpretations will be
amended in accordance with this Subparagraph or extra Work authorized in accordance with Article 14.
4.9.6
Contractor shall execute the Work in accordance with the Contract Documents. Contractor shall
make no changes without having first received permission through a Field Order, or Change Order, or
Architect Memorandum from Owner as provided in these General Conditions. When sufficiently detailed
information is lacking, Contractor shall request further information before proceeding with the Work.
4.9.7
Dimensions shall not be obtained by Contractor by scaling Drawings. When dimensions are not
written on Drawings, Contractor shall submit an RFI to Architect and Architect will furnish interpretations as
reasonably requested by Contractor.
4.9.8
Drawings and diagrams for mechanical and electrical Work shall be followed only for Work for
which they were especially prepared and shall be considered as diagrammatic only for other trades; they shall
neither be used for any structural guidance nor for architectural layout.
4.9.9
The general character of detail Work is indicated on the Drawings. Contractor shall not execute any
of the Work requiring supplementary details or shop drawings until such drawings have been reviewed by
Architect and returned indicating Architect’s approval. Where Drawings indicate some portions of the Work
in detail and other portions in outline only, outlined portions shall be made identical to those detailed.
4.9.10 Contractor will be furnished free of charge, one (1) electronic copy of Contract Documents, one (1)
bound blackline set of Construction Drawings and one (1) copy of the Project Manual (unbound). Contractor
will be responsible for reproducing the Drawings and Project Manual in quantities Contractor deems
necessary to construct the project.
4.10
Shop Drawings, Product Data and Samples. (Submittals)
4.10.1
Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by
Contractor or a Subcontractor, Supplier, sub-subcontractor, manufacturer, or distributor of any tier,
to illustrate some portion of the Work.
Contractor shall submit the following schedules to Owner for approval no later than ten (10) days after
Owner's request for each item. Contractor shall update each schedule listed below at the end of each month,
if necessary to ensure accuracy.
.1
Contemplated progress schedule by trade.
.2
Contemplated critical material purchase/procurement progress schedule by trade.
.3
Contemplated payment schedule - indicate contemplated costs on a monthly basis.
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.4 Shop drawing and materials sample schedule - list all required Shop Drawings and Samples for
each part of the Work with reference to applicable technical section numbers. Include submission
and required return dates.
.5
Guarantees, warranties and bond schedule - list all required guarantees, warranties and bonds.
4.10.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by Contractor to illustrate materials or equipment for some portion
of the Work.
4.10.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged. At the option of Owner or Architect, Samples will be subject to
testing, and in such event such additional Samples as may be required shall be supplied by Contractor at no
additional cost.
4.10.4 Contractor shall review, approve and submit to Owner all Shop Drawings, Product Data, Samples
and similar submittals required by the Contract Documents with reasonable promptness and in such sequence
as to cause no delay in the Work or in the activities of Owner or of separate contractors. A schedule will be
provided by Contractor to include all such submissions and the subsequent delivery required for each item.
In no event shall any Shop Drawings be submitted more than forty-five (45) days after the Notice to Proceed.
Any delay in the Work resulting from Contractor's failure to comply with these requirements shall be the
responsibility of Contractor and no extension of time will be allowed to compensate for delay in review and
return of the affected Shop Drawings. Not withstanding other remedies available to the Owner to cure the
failure of the Contractor to comply with the forty-five (45) day requirement here-in, the funding of the initial
Application for Payment from the Contractor for this project may be held until this provision is fully met.
4.10.5 Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings,
Product Data, Samples or similar submittals until the respective submittal has been approved by Owner.
Such Work shall be in accordance with approved submittals.
4.10.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals,
Contractor represents that Contractor has determined and verified materials, field measurements and field
construction criteria related thereto, and has checked and coordinated the information contained within such
submittals with the requirements of the Work and of the Contract Documents.
4.10.7 Contractor shall indicate that it has checked and coordinated Shop Drawings by stamping each sheet
of the prints and sepias required in Paragraph 4.10.12. In addition, on one set of blueline prints, Contractor
shall perform its review and indicate review of specific dimensions, notes, etc., by color highlighting or
checking the specific information.
4.10.8 Contractor shall not be relieved of responsibility for deviations from requirements of the Contract
Documents by Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless
Contractor has specifically informed Owner in writing of such deviation at the time of submittal and Owner
has given Approval to the specific deviation. Contractor shall not be relieved of responsibility for errors or
omissions in Shop Drawings, Product Data, Samples or similar submittals by Owner's approval thereof.
4.10.9 Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by Owner on previous submittals.
4.10.10 Shop Drawings shall include, notwithstanding any additional information required in trade sections:
all working and erection dimensions; views as required to show fully all construction and fabrication
methods, profiles and materials; and all data on anchoring and relationship to other construction, sizes, types,
finishes, and colors of material. Each sheet of a Shop Drawing shall indicate the name of the Project, the
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applicable specification section(s), the Contractor’s stamp indicating approval, the date of submittal, and any
previous related submittals.
4.10.11 Submission of Shop Drawings shall be accompanied by transmittal letter containing the Project
name, Contractor's name, number of pages of drawings, titles, and other pertinent data.
4.10.12 Unless otherwise specified in writing, Contractor shall submit five (5) sets of blueline prints plus one
(1) set of paper sepias, reverse reading, of all Shop Drawings. Owner will retain two (2) of the blueline prints
and return the sepias three (3) to Contractor. For Product Data and Samples manufacturers’ data, Contractor
shall submit the number of copies that Contractor requires to be returned, plus two which will be retained by
Owner for distribution. This provision may be further described elsewhere. Contractor will provide the more
restrictive.
4.10.13 Samples, Shop Drawings, and Product Data will be returned to Contractor noted for action as
follows:
.1
"Reviewed" indicates that the submittal has been reviewed for general conformance with
the design concept of the project and general compliance with the information given in the contract
documents. All submittals shall be Reviewed before they are issued for field use.
.2
"Revised and Resubmit" indicates that submittal has been reviewed as noted in Paragraph
4.10.13.1 above, and corrections indicated. Contractor shall make corrections as noted and resubmit.
This notation will permit fabrication to begin on items not affected by correction.
.3
"Rejected" indicates that the submission is unacceptable and requires resubmission.
Contractor shall make corrections as noted and resubmit. Fabrication shall not begin on items
covered by Shop Drawings bearing this notation.
.4
"Furnish and Corrected" indicates that submittal has been reviewed as noted in Paragraph
4.10.13.1 above with minor corrections (not affecting fabrication) indicated. Resubmittal is not
required.
.5
A complete set of submittals will maintained at the site by the Contractor.
4.10.14 Each Subcontractor and sub-subcontractor of any tier shall provide and keep current a complete "asbuilt" record set of blueline prints, which shall be corrected daily and shall show every change from the
original Drawings and Specifications, and shall show the exact "as-built" locations, sizes and kinds of
equipment. Prints for this purpose may be obtained from Architect at cost. This set of drawings shall be kept
on the job Site and shall be used only as a record set. The foregoing shall not be construed as authorization to
Contractor to make changes in the Contract Documents without express written authorization in each case.
4.10.15 At the completion of the Project, Contractor shall provide operations and maintenance manuals and
all other literature of each manufacturer including all Product Data that describes manufactured products, all
finishes installed in the Work and including maintenance instructions that cover maintenance, cleaning,
emergencies, spare parts, warranties, inspection procedures, diagrams, safety, security, and similar
appropriate data for each system or equipment item. Contractor shall also submit cuts, wiring
diagrams, instruction sheets and similar information useful to Owner in the operation and maintenance of
same, to the extent that this information is reasonably available from manufacturers and/or is not shown on
the as-built drawings. The Contractor shall provide three (3) set of operations and maintenance manuals
which shall be 3-ring bound with a table of contents listing all items provided. This provision may be further
described elsewhere.
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4.10.16 “As-built” drawings shall include a drawing showing the location of all buildings on the Site, with
locations certified by a registered surveyor. “As-built” drawings shall also indicate, both graphically and
dimensionally, the locations of any underground facilities, improvements, structures, cables, pipes, conduit,
tanks, or utilities.
4.11
Contractor's Design Responsibility.
4.11.1
Contractor shall be responsible for the professional, structural design of all temporary construction,
equipment and appliances used in the construction of the Project and not a permanent part thereof, including,
but not necessarily limited to, hoisting equipment, cribbing, shoring and the temporary bracing of structural
steel. All such items shall conform with the requirements of governing codes and all rules, regulations and
orders of all authorities having jurisdiction.
4.11.2
Contractor shall not impose loading on any part of the Project under construction, or on existing
construction on or adjacent to the Site or the Project, in excess of safe limits. Contractor shall not impose
loading which will damage structural, architectural, mechanical, electrical or other components. All damage
which occurs as a result of overloading shall be repaired or the damaged Work replaced at Contractor's sole
expense, and as directed by Owner.
4.11.3
Contractor shall be responsible for locating all improvements in accordance with property lines and
elevations established in the Contract Documents, and for the accuracy of all building lines and levels.
4.11.4
Owner shall provide initial layout of Project to include only property lines, building(s) corners, two
(2) elevation hubs and will identify one (1) offsite elevation control point.
4.11.5
Before commencing Work, Contractor shall verify to include those provided in 4.11.4 the grades,
lines, levels and dimensions indicated in the Contract Documents and shall report any errors or inconsistencies
to Architect and Owner. Contractor shall not proceed until errors and inconsistencies are corrected.
4.11.6
Once Owner provides project field control points as specified, Contractor shall establish control
points and bench marks adequate for the use of all trades and for reference indicated tolerances. Contractor
shall remove, re-establish, relocate and maintain control points and bench marks as appropriate, so such
control points and benchmarks are maintained in an undisturbed condition until the Date of Final Completion
and Final Acceptance of the Project.
4.11.7
Contractor shall establish and maintain building and construction grades, lines, levels and reference
lines for use by all trades in laying out, installing and erecting the Project and shall be responsible for their
accuracy and protection. Work shall be erected square, plumb, level and true to line and grade, in the correct
plane and to the correct elevation as indicated in the Contract Documents. Work shall be sloped to drains as
indicated or as required to drain.
4.12
Materials and Equipment.
4.12.1
Form lumber and bulk building materials, including brick, aggregate and cement, shall be
considered as the property of Contractor until actually incorporated into the Work, and the value thereof shall
not be included in the periodic requests for payment.
4.12.2
Insofar as is practicable, and except where otherwise required, material of one manufacturer for
each specific purpose shall be used throughout the Project. When the nature of such material allows, same
shall be delivered to the Site in original and unbroken cases, cartons or containers with the name or brand of
the manufacturer plainly marked thereon.
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4.12.3
Owner reserves the right to purchase or otherwise procure material or supplies directly, and to
furnish them to Contractor for installation in compliance with the Contract Documents.
4.12.4
Construction materials which do not become a permanent part of the construction and which have
previously been used in the Work and are proposed to be re-used, shall be sorted as to class, size and kind and
piled and stored in an orderly manner and kept readily accessible. Such materials may be re-used in the Work,
provided they are structurally sound, clean, entirely suitable and Approved for the intended use by Owner. Reused form lumber for exposed concrete surfaces shall be of such quality so as to produce concrete surfaces of
the same appearance and quality as required by the project specifications.
4.12.5
Where installation of Work is required to be performed in accordance with a product
manufacturer's instructions, Contractor shall, unless otherwise provided in the Contract Documents, procure
and distribute the necessary copies of such instructions as may be required to ensure compliance with same.
Manufacturer's instructions shall be subject to approval and/or modification by Architect. Unless otherwise
required or upon request of Owner, Contractor shall obtain and deliver to Architect two copies of such
instructions at least two weeks prior to the start of the Work involved.
4.12.6
Where materials, equipment or process are specified in a Specification by patent, proprietary name
or name of the manufacturer, such Specification shall, unless otherwise specified or restricted, be deemed to be
used for the purpose of establishing a standard for that particular item and shall be deemed to be followed by
the words "or other as Approved by Architect.” Any bidder, manufacturer or distributor may offer for
Approval any material, item of equipment or process which he considers to be equal in every respect to that
indicated or specified.
4.12.7
A request for Approval of materials, equipment or processes not named in the Specifications (a
“suggested substitution”) shall be submitted in writing to Owner and Architect. Requests for such Approval
shall be accompanied by any supplemental technical information and/or Samples, where required, as may be
necessary for evaluation of the product.
4.12.8
If, in the opinion of Owner and Architect, the suggested substitution described in Subparagraph
4.12.7 herein is equal to the material, equipment or process originally specified, or otherwise fulfills the
requirements of the Project, the Approval will be confirmed in writing to Owner and Contractor. Approval of
proposed substitutions shall not be deemed to have relieved Contractor of responsibility for the proper
execution of the Work nor from any warranty and maintenance requirements imposed by the Contract
Documents.
4.12.9
Unless a substitution is proposed and Approved in conformity with the provisions of this Article,
no deviation from the materials, equipment or process specified will be allowed, excepting only the following
cases and provided in each such case the substitution has been Approved by Owner and Architect:
.1 The manufacture or production of the specified material, process or equipment has been
discontinued.
.2 The specified material, process or equipment is not available in sufficient quantity or quantities
to complete the Work. Failure of Contractor to award subcontracts in sufficient time, or failure of
Contractor or a subcontractor of any tier to place orders for materials so as to insure delivery without
delaying the Work, will not constitute grounds for Approval of substitute materials.
.3 Delays beyond the control of Contractor, such as strikes, lock-outs, storms, fires or acts of God,
which preclude the procurement and delivery of materials or equipment for purposes of the Project,
and for such other reasons as Owner and Architect may deem to justify substitution.
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4.12.10
Especially manufactured or fabricated Work made to detail and delivered to the Site with the
intention of forming a part of the permanent structure, when accepted, shall be considered as the property of
Owner, and the value thereof, upon acceptable substantiation, and Owner’s sole discretion may be included in
the periodic requests for payment.
4.13
Inspection of Work and Testing of Materials.
4.13.1
Except as may be modified in the various technical sections of the Specifications or other Contract
Documents, the procedures for inspection of Work and testing of materials under this Article shall apply.
4.13.2
Materials and products to be incorporated in the Project shall, at Owner's decision, be subject to
inspection and testing, both at the Site and in the shops or plants of manufacture. Contractor shall give timely
Notice of the readiness of any Work, products or materials that are required by the Contract Documents or by
public authority having jurisdiction to be inspected, tested or approved.
4.13.3
Access to the Work wherever it is in preparation or progress shall be permitted at all times and
Contractor shall provide safe and proper facilities for such access and inspection.
4.13.4
Work required to be inspected shall be left exposed until inspected and approved. Should such
Work be covered without approval, when directed by Owner it shall be uncovered for examination and
recovered after approval at no additional cost to Owner. Re-examination of questionable concealed Work may
be ordered by Owner and/or governmental inspection authorities having jurisdiction.
4.13.5
If Owner determines that any Work should be subject to special inspection, testing or approval
which the preceding Subparagraphs do not include, Owner will instruct Contractor to order such special
inspection, test or approval and Contractor shall give Notice as described in the preceding Subparagraphs. If
such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract
Documents or with laws, ordinances, rules, regulations or orders of any public authority having jurisdiction,
Contractor shall bear all costs thereof, including Architect's additional services made necessary by such failure
and the cost of such testing or inspection; otherwise Owner shall bear such costs and an appropriate Change
Order shall be issued.
4.13.6
Required inspections and tests and the reports shall be made by a qualified testing engineer or
laboratory selected or Approved by Owner. Contractor shall manage and provide co-direction in this effort.
Certified copies of test reports shall be furnished as follows:
.1
One copy to Owner.
.2
One copy to End User
.3
Two copies to Architect.
.4
One copy to consulting engineer.
.5
One copy to Contractor.
.6
One copy to the building department under whose jurisdiction the Project is constructed.
.7
One copy to the supplier of the material tested.
4.13.7
If Owner or Architect wishes to observe the inspections, tests or approvals required by this Article,
they will do so promptly and, where applicable, at the source of supply.
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4.13.8
Neither the observations of Architect or Owner nor inspections, tests or approvals by persons other
than Contractor, shall relieve Contractor from his obligations to perform the Work in accordance with the
Contract Documents.
4.13.9
Preliminary inspection and approval of materials during the process of manufacture or at the time
of delivery and intermediate inspection and approval of installed Work before covering shall be subject to the
Contract Documents relating to final inspection and acceptance of the Work as a whole and to the provisions of
Contractor's warranty.
4.13.10
Except as otherwise provided herein, the cost of testing and inspection shall be paid by Owner.
4.13.11
Where Contract Documents require that Work be inspected, tested or approved and when
Contractor determines that Work is Substantially Complete, or at a state of completion for testing, he shall give
timely Notice to Owner. However, should Work requiring testing, inspection or approval not be in ready
condition, Contractor shall pay salaries, professional fees, travel and living expenses, as applicable, for persons
inconvenienced by false Notice.
4.14
Safety.
4.14.1
Contractor shall design, implement, and maintain a safety program for the Work. The program
will be administered by the Contractor’s Safety Director. Records of project specific safety management
shall be prepared and maintained at the Contractor’s principal office.
4.14.2
Contractor shall establish and require all Subcontractors or Suppliers to establish reasonable safety
programs. No imposition of responsibility on Contractor for safety under the Contract Documents shall
relieve any Subcontractor or sub-subcontractor of any tier of its responsibility for safety of persons or
property on or near the Site.
4.14.3
Contractor shall take necessary precautions for the safety of its employees at the Site, and shall
comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or
injury to persons on, about or adjacent to the Site. Contractor shall erect and properly maintain, at all times,
as required by the conditions and progress of Work, necessary safeguards for the protection of workers and
the public.
4.14.4
When the use or storage of explosives, Hazardous Materials, dangerous equipment or unusual
methods is necessary for the execution of the Work, Contractor shall give Owner reasonable advance
Notice and shall exercise the utmost care and conduct such activities under the supervision of properly
qualified personnel.
4.14.5
Internal combustion engines and compressors shall be equipped with mufflers to reduce noise to a
minimum and shall not be operated in enclosed areas without adequate ventilation.
4.14.6
Owner may provide such watchmen's service as Owner deems necessary to protect its interests
during the progress of construction of the Project, but any protection so provided by Owner shall not in any
way relieve Contractor of the responsibility for the safety and condition of the Work and material until the
completion and acceptance thereof. Contractor shall employ such watchmen's service as he may deem
necessary to properly protect and safeguard the Work and material. Owner shall not be liable or responsible
for damage or loss to the Work or material due to trespass or theft.
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4.14.7
In any emergency affecting the safety of persons or property, Contractor shall act to prevent
threatened damage, injury or loss. Any additional compensation or extension of time claimed by Contractor
on account of emergency Work shall be determined as provided in these General Conditions for Changes in
the Work.
4.14.8
Contractor shall take necessary precautions to guard against and eliminate possible fire hazards
and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and
public and private property. Contractor shall be responsible for providing, maintaining and enforcing the
following conditions and requirements during the entire construction period:
.1 Contractor shall inspect the entire Project at required intervals to make certain that the
conditions and requirements of the Contract Documents and applicable law are being adhered to.
Such inspections shall be made by Contractor’s superintendent in charge at least once each week (or
more frequently as conditions require) and by Contractor’s Safety Director at different periods.
.2 To the extent required by applicable codes and/or regulations established by public authorities
having jurisdiction, and furthermore, as Contractor judges to be necessary, an adequate number of
water outlets and supply of fire hose of required size and length to protect the construction area shall
be provided by Contractor as soon as water is available or when construction starts, whichever is
earlier.
.3 Contractor shall provide and maintain in working order during construction an adequate number
of portable fire extinguishers, the number and locations of which shall, at a minimum, be as required
by applicable codes or the requirements of public authorities having jurisdiction. Extinguishers shall
have the approval of Fire Underwriter's Laboratory and shall be inspected at regular intervals and
recharged as necessary. The types of extinguishers shall be as recommended by Fire Underwriter’s
Laboratory or NFPA or OSHA.
.4
No open fires shall be permitted on the Site.
.5 Only a reasonable working supply of flammable building material shall be located inside, or on
the roof of, the structure(s) of the Project.
.6 Tarpaulins used during the course of construction shall be of a flameproof type and secured inplace against damage or flapping from winds.
.7 Oil-soaked rags, papers and other highly combustible materials shall be removed from the
Project at the close of each day's work, and more often where necessary, and placed in metal
containers with tight-hinged lids.
.8 Gasoline, benzene or similar combustible materials, as well as flammable or waste materials
subject to spontaneous combustion, shall not be poured into sewers, manholes or traps, but shall be
safely disposed. Contractor shall make appropriate arrangements for storing these materials outside
of the Project.
4.14.9
When public authorities or codes impose regulations relating to fire prevention and control, such
regulations shall be considered as minimum requirements and not requirements in lieu of those set forth
above.
4.14.10
All materials and work procedures used on the Project shall comply with all air pollution, water
pollution and other environmental pollution control regulations in effect at the Site. Contractor shall be
responsible for obtaining all necessary approvals and certification as to compliance of material and
procedures.
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4.14.11
Throughout the entire construction period, Contractor shall effectively dust-palliate the working
area, unpaved roads used in the operations and involved portions of the Site. Such palliation shall include
chemical treatment or intermittent watering and sprinkling with such frequency as will satisfactorily suppress
the dust at all times during construction.
4.15
Hazardous Materials and Clean-Up.
4.15.1
Contractor shall ensure that neither it, nor its Subcontractors and their employees or agents, bring
any Hazardous Material or other materials regulated by state, federal or local law, which materials are not
commonly used in the construction process or which materials are not listed in the Specifications , onto the
Site without first obtaining Owner's advance Approval. Contractor shall ensure that any Hazardous Material
or other materials regulated by state, federal or local law that Contractor, its Subcontractors or their
employees or agents bring onto or generate at the Site are handled in accordance with all applicable laws, and
Contractor shall Hold Harmless Owner against any expenses, liabilities, damages and costs (including cleanup costs, attorneys' fees, court cost, fines and penalties) arising from same.
4.15.2
In accordance with the OSHA Hazard Communication Standard (29 CFR 1910.1200 or most
current issue), Contractor shall provide, for any Work which involves the use of chemicals for which a
Material Safety Data Sheet (MSDS) has been prepared, copies of said MSDS to Owner and Architect..
Contractor is aware that certain materials to be incorporated into this project are provided by the Owner to the
Contractor for installation. Contractor has satisfied itself that all necessary special handling and safety
measures as required by OSHA have been included in the cost of the work. Contractor shall be provided,
upon request by Contractor, any MSDS information regarding Owner supplied materials.
4.15.3
If required by the Contract Documents, Contractor shall supply all labor, material, equipment,
contractors, testing and monitoring to cause all Hazardous Wastes, asbestos, contaminated soil and water or
similar materials to be removed from the Site or otherwise disposed of in a manner permitting the timely
completion of the Project. Unless specifically provided in the Contract Documents, Owner shall have no
responsibility for the testing, removal, handling or disposal of such materials.
4.15.4
Upon substantial completion by a Subcontractor of any Subcontract, Contractor shall require the
Subcontractor to remove from the Project and Site all temporary systems, tools, equipment, machinery and
surplus materials not required for the continued performance of any Work by the Subcontractor. Upon
Substantial Completion of the Project or of a particular Milestone, Contractor shall, to the extent applicable,
remove all wastes and rubbish, clean all tile and glass surfaces, replace broken glass, remove stains, paint
spots, and clean and polish all plumbing fixtures and equipment, leave the Work "Wet Scrub Clean," and
restore existing facilities such as roads, other paved surfaces, fencing, curbing and the like at the Site to at
least their pre-construction conditions.
4.16
Royalties and Patents. Contractor shall pay all royalties and license fees for materials, methods
and systems incorporated in the Work. Contractor shall defend and Hold Harmless Owner from all suits or
claims for infringement of any patent, copyright, or other similar protections or rights.
4.17
Clean Up.
4.17.1
All Work shall be left clean and free of dirt, spatterings of paint, plaster, concrete, mortar,
fingerprints and foreign matter. Contractor shall leave the building and premises clean and orderly, ready for
the occupancy for which it is intended, and in accordance with, but not limited to, the following, in addition to
"broom-cleaning:"
.1 Remove all stains from glass; wash and polish same inside and out. Do not scratch glass or
glazing compound.
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.2 Clean fixtures and equipment, floors, wall and ceiling surfaces, doors and other surfaces
exposed to view.
.3
4.18.
Clean and polish metal surfaces, including doors and hardware.
Protection of the Work.
4.18.1
Contractor shall develop and implement an effective security program for protection of the
Project, the Site and the Work.
4.18.2
Protection of Work shall be continuously maintained by Contractor in such suitable form as will
protect the Work as a whole and in part, and adjacent property and improvements from accidents, injury or
damages. Contractor shall properly protect the Work with lights, guard rails, temporary covers and barricades;
provide excavations with proper enclosures; brace and secure all parts of the Work against storm and accident
and provide such additional forms of protection as may be necessary in the prevailing circumstances.
4.18.3
Should construction, materials or equipment become damaged, destroyed or stolen through
negligence on the part of Contractor or any Subcontractor or the agents or employees of any of them while the
Work remains under Contractor's jurisdiction, Contractor shall repair or replace same to the satisfaction of
Owner, without cost to Owner.
4.18.4
Contractor shall be solely responsible and provide protection for the safety and condition of his and
the various Subcontractors' materials, implements and equipment employed in the Work and stored in or about
the Project and the Site. Owner shall have no liability for loss or damage to such materials, implements or
equipment. Should it become necessary during the Project to remove such materials, implements or equipment
to facilitate and maintain scheduled progress of the Work, Contractor shall remove such materials, implements
or equipment to some new location and such removal shall be done without cost to Owner. Should Contractor
fail, refuse or neglect to commence such removal within two (2) days after Notice or to complete the removal
with due diligence, Owner may cause the materials, implements or equipment to be removed and the cost
thereof shall be deducted from any amounts due or which may become due to Contractor.
4.18.6
Contractor shall be responsible for patching and replacing all damaged Work. Patching and
replacing of damaged Work shall be done in accordance with the Contract Documents, and shall be performed
without cost to Owner. At completion of the Project, damage to the Project shall be satisfactorily repaired or
replaced by Contractor at its sole cost and expense.
4.18.7
Rain, surface or subsurface water and other liquids shall not be allowed to accumulate in
excavations or under or about the structures. Should such conditions develop or be encountered, same shall be
kept constantly controlled and legally disposed of by temporary pumps, piping, ditches, dams or other
methods.
4.18.8
Carts, hand trucks, wheelbarrows and similar wheeled conveyances used on or in any portion of the
structure shall be equipped with pneumatic tires, except where otherwise expressly authorized.
4.19
Internet Accessed Electronic Project Database Information and Communication Management
System.
4.19.1
Owner has established for the Project an Internet Accessed Electronic Project Database
Information and Communication Management System (EXPESITE). Contractor will participate in all on-line
functions that are applicable to the Project. To this end Contractor will provide staff who will visit the
Project website on a regular basis and provide and update information concerning the progress of the Project.
This system is described in Exhibit “T” attached hereto.
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4.19.2
Contractor shall provide and maintain on the project site the following minimum requirements for
hardware and software used for visiting, updating and maintaining the website (as well, the system must be
available via a high speed (“hot spot”) wireless network, for the use by the Owner’s Staff and other project
consultants and End User representatives during their site visits for their own update work on Expesite):
.1 Personal computer to be located at job site office with a minimum capacity of Pentium 4 of at
least 1 gigahertz, minimum 256 RAM, 40 GB Hard Drive, high speed internet connection such as
DSL or cable with CD-R or better capability, USB port, and equipped with Windows XP
Professional operating system.
.2
Version 4.0 or higher of Microsoft Internet Explorer.
.3 Internet access provided through an internet service provider, including provision of at least two
(2) internet e-mail addresses monitored by the Project Manager and Superintendent identified in
Section 15 of the Agreement.
.4 A digital camera which produces pictures in .jpg format. The Sony digital camera model CyberShot 5 mega-pixel DSC-P10 or better shall be provided. Pricing and availability of this model can
be confirmed at 1-800-352-7669 or 1-888-476-6972. Owner’s representative identified in Section
14 of the Agreement must Approve the output, if a model other than the specified is desired. All
necessary hardware, software, etc. that is required to upload progress photographs shall be fully
supported at the site project office fully through final completion, to include punchlist and punchlist
corrections.
4.19.3
Contractor shall maintain and update, with all reasonable promptness, information on the Internet
System including the following:
.1 Project Site photographs as requested or indicated elsewhere in the Contract Documents. In the
absence of more stringent requirements at a minimum, project site photographs, shall include the
addition of no fewer than ten (10) photos related to the critical path of the Construction Schedule per
week, in addition, 3 different sight angle monthly aerial photos are required from Project
mobilization through the Date of Substantial Completion of the Project. A full set of Final
Completion or Opening Day photos are required. Owner shall provide details of required photo
shots.
.2
Requests for Information – “RFI” Log
.3
Requests for Proposal – “RFP” Log
.4
Field Orders / Change Orders and associated log
.5
Contractor’s Applications for Payment
.6
Submittal log
.7
Construction Schedule with Approved updates and amendments
.8
Progress Status Narrative, to be updated not later than the fifth day of each month
.9
Other pertinent Project information as reasonably requested by Owner
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4.19.4
Training of Contractor’s staff for use of the Internet System will be provided by Owner.
Contractor will not share security access with persons other than those specifically authorized by Owner in
writing. Contractor is obligated to terminate secured access for all persons removed from the direct
Management of the project.
4.19.5
The Contractor will be required to provide the following components each month to complete the
Monthly Summary which is to be submitted with the Contractor’s Application for Payment as described in
Article 13. The items which complete the Monthly Summary are identified below and should be uploaded onto
the Owner’s Internet System.
.1 Updated Construction Schedule (post to the Expesite each month)
.2
Daily and Schedule Related Progress Photos (post to the web site no later than each
Wednesday)
.3
Change Order Log (as required by Owner’s Representative identified in Section 14)
.4
RFI Log (post RFI’s to the Expesite, as needed)
.5
Status Narrative (outline provided by Owner on the Internet System - complete each week and
post to web site)
.6
Lost Time Report (outline provided by Owner on the Internet System - complete each month
and post to web site)
.7
Contract Status (outline provided by Owner on the Internet System - complete each month and
post to web site)
ARTICLE 5
OWNER'S RESPONSIBILITIES
5.1
Owner shall make its authorized representative, as identified in Section 14 of the Agreement,
available to communicate with Contractor during business hours and at other reasonable times, either on Site
or by electronic mail, telephone, telefax or otherwise.
5.2
Owner shall afford Contractor access to the Site in a timely fashion, and shall, except as otherwise
provided in the Contract Documents, pay all impact fees, if any, associated with the construction of the
Project.
5.3
Owner shall assist Contractor in securing necessary approvals and other rights or permits required
for use or occupancy of structures or facilities contemplated by the Contract Documents.
5.4
If Owner observes a condition and is aware that such condition constitutes a fault or defect under
the Contract Documents, Owner shall promptly inform Contractor thereof; provided, however, Owner has no
duty to the Contractor to discover such faults or defects and its failure to do so does not excuse Contractor
from its obligations under the Agreement.
5.5
Owner shall not direct the Work of any Subcontractor or Supplier except through Contractor.
5.6
Owner shall provide Contractor with soil and subsurface reports relating to the Project. Owner
does not warrant the accuracy of, and shall have no responsibility for, the information contained therein.
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5.7
Project.
Owner shall pay all property taxes and property assessments levied against any portion of the
5.8
The person identified in Section 14 of the Agreement is Owner's Representative and is the person
with whom Contractor may consult. No Change Order or other modification to the Contract Documents shall
be valid or effective unless authorized on behalf of Owner by Change Order executed by the individual
identified, and within the limits described in Section 12 of the Agreement.
5.9
Any changes or modifications to the Agreement or the Contract Documents must be in writing and
must take the form of a Change Order pursuant to Article 14. No verbal change or modification shall be
valid, or relieve Contractor of any of its obligations under the Contract Documents. The requirement for
written Change Orders cannot be waived by Owner or Architect. Therefore, Contractor agrees that any
course of dealings hereinafter entered into which appear to change or modify the provisions of this Paragraph,
or any other provision contained in the Contract Documents, is deemed to have been entered into with full
knowledge and understanding that such course of conduct shall not change or modify any provision of the
Contract Documents, and particularly, this Paragraph.
5.10
Owner's Access to Project.
5.10.1
During the period of construction, the Project and Site shall be accessible for inspection by Owner
and its representatives without having to inform Contractor.
5.10.2
During the period of construction, Owner or a designated representative of Owner may, at
reasonable times, enter the Project and upon the Site to determine the compliance by Contractor with the
requirements of the Contract Documents, which purposes shall include, but not be limited to: (1) inspecting
and testing the structure, finishes, and any mechanical and electrical systems; (2) inspecting for any leaks,
spills, or other potentially hazardous conditions which may involve exposure to hazardous or toxic
substances; (3) inspecting for any current or past hazardous waste operations, to ensure that appropriate
mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal,
State and local law and (4) observing the progress of construction.
5.10.3
Nothing in this Paragraph 5.10 shall be construed to create a duty of inspection on the part of
Owner. The purpose of this Paragraph 5.10 is solely to promote the ease with which Owner may view and
inspect the Project. Nothing in this Paragraph 5.10 shall act to relieve Contractor of any duty to inspect, or
any liability which might arise as a result of Contractor's failure to inspect for or to correct hazardous
conditions.
5.10.4
The right of entry granted pursuant to this Paragraph 5.10 shall be exercised in accordance with
any reasonable rules and regulations established by Contractor to prevent personal injury and promote safety.
Contractor shall have no liability to Owner or any of its employees, agents or contractors for any losses
suffered or incurred by any such parties during the exercise of such right of entry, except if Contractor has
been grossly negligent or has exhibited willful misconduct. Any such entry by Owner shall not constitute
acceptance or approval of any Work, and shall be at no cost to Owner.
5.11
Prior to the Substantial Completion of the Project or any Milestone, Contractor agrees to afford
Owner and Owner's contractors a reasonable opportunity for introduction and storage of materials and
equipment and performance of activities, provided that Owner and Owner's contractors coordinate such
activities with Contractor.
5.12
Owner and End User shall have the right to install furnishings and equipment within the Project
prior to Substantial Completion of the Work. Such installation shall not constitute occupancy, acceptance, or
use by Owner or End User.
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5.13
Owner and End User shall have the right to use or occupy the Project, or a portion thereof, prior to
Substantial Completion of the Work under the following conditions:
.1
Owner or End User shall give Contractor at least ten days prior written notice of its intention to use
or occupy the Project, or a portion thereof. Prior to use or occupancy, End User’s project
manager, accompanied by Owner and Contractor, will conduct an inspection of the area to be used
or occupied; and based on this inspection, End User’s project manager will prepare a list of Work
to be completed or corrected. Owner shall provide this list to Contractor, who shall perform the
listed Work expeditiously. Prior to use or occupancy, Owner, End User and Contractor shall agree
in writing on their individual responsibilities for security, maintenance, heat, utilities, damage to
the Work, and insurance for the area to be used or occupied.
.2
All companies providing property insurance required by Article 2 shall consent to the use or
occupancy by endorsement prior to such use or occupancy.
.3
After occupancy, Owner and End User will allow the Contractor reasonable access to the occupied
area to complete and correct the Work.
.4
Any claims for an adjustment in the Contract Sum or an extension of the Contract Time because of
Owner's or End User’s use or occupancy shall be made in writing to Owner prior to such use or
occupancy.
.5
Contractor shall not be held responsible for any damage to the occupied part of the Project
resulting from Owner's or End User’s use or occupancy.
.6
Use or occupancy by Owner or End User shall not be deemed to constitute a waiver of existing
claims in behalf of Owner, End User or Contractor against each other.
ARTICLE 6
SUBCONTRACTS
6.1
Selection of Subcontractors under Lump Sum Agreement. For Work performed under a Lump
Sum Agreement, Subcontractors and Suppliers shall be selected by Contractor, subject to reasonable
approval of Owner. Should Owner unreasonably withhold approval of any Subcontractor or Supplier chosen
by Contractor under a Lump Sum Agreement, then the Contract Price shall be increased in the amount of the
difference between the Sum offered by the Subcontractor or Supplier of Contractor's choice, and the Sum
paid to the Subcontractor or Supplier that Contractor was required to use.
6.2
Selection of Subcontractors under Guaranteed Maximum Price Agreement. For Work
performed under a Guaranteed Maximum Price Agreement, Subcontractors shall be selected in accordance
with this Paragraph.
6.2.1
Contractor shall identify to Owner in writing any Subcontractor or Supplier that it proposes to use
on the Project that has a financial, common ownership or corporate relationship to Contractor. Contractor
shall not use such entities without written permission of Owner.
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6.2.2
Contractor shall develop information for bidders for all of the Work. Such information shall
describe the Work to be procured by Contractor through Subcontractors or Suppliers, using Contractor's own
forms and procedures. Contractor shall exercise its fiduciary responsibility to Owner by utilizing best efforts,
industry standards in advertising the Project and managing the receipt of competitive bids from the local
market.
6.2.3
Before awarding any Subcontract expected to exceed $10,000, or before pricing any Subcontract
modification involving a pricing adjustment expected to exceed $2,000, Contractor shall require the
Subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless the price
is set by law or regulation or is, in the reasonable opinion of Owner, either based on adequate Sum
competition; or based on established catalog or market prices of commercial items sold in substantial
quantities to the general public.
6.2.4
Contractor shall be entitled to take alternative bids as it deems necessary to advance the Work.
6.2.5
Upon receipt of bids, and prior to acceptance by Contractor of any bid that exceeds $20,000,
Contractor shall prepare a complete and thorough spreadsheet analysis of the bids received. Such bid analysis
shall clearly indicate the apparent low bid from the bidder or bidders determined by Contractor to be
responsible and responsive.
6.2.6
To be deemed a responsible bidder, the proposed Subcontractor or Supplier shall be reputable,
skilled, reliable, competent, qualified in the trade or field in which they are to perform on the Project, be
thoroughly familiar with applicable codes, and have the ability to obtain bonding from a bonding company
acceptable to Contractor.
6.2.7
Subject to the Approval of Owner, which Approval shall not be unreasonably withheld, Contractor
shall award the Work to a responsible Subcontractor or Supplier of Contractor's choosing, and shall proceed
with the preparation of a purchase order or Subcontract incorporating all necessary terms and conditions of
the Contract Documents. Upon execution by Contractor, and if requested by Owner, Contractor shall furnish
a copy of the executed purchase order or subcontract to Owner.
6.2.8
Should Owner unreasonably withhold approval of any Subcontractor or Supplier chosen by
Contractor, then the Guaranteed Maximum Price shall be increased in the amount of the difference between
the Sum offered by the Subcontractor or Supplier of Contractor's choice, and the Sum paid to Subcontractor
or Supplier that Contractor was required to use.
6.2.9
If requested by Owner, Owner shall be furnished with copies of all executed purchase orders and
subcontract awards.
6.3
Contractor's Administrative Responsibilities.
6.3.1
Contractor shall develop and implement, consistent with the Contract Documents and with this
Article, a procedure for reviewing, processing, recording and paying Subcontractors and Suppliers upon their
application for same, and develop and implement a procedure for the review, processing and payment of
applications by Subcontractors and Suppliers for progress and final payments, including a retainage release
method that corresponds to Owner's release of retainage to Contractor.
6.3.2
Contractor shall develop and implement a system, consistent with the Contract Documents and
this Article, for preparation, review and processing of Field Orders, Change Orders, recommend necessary or
desirable changes to Owner, review requests for changes by Owner or by Subcontractors or Suppliers, submit
recommendations to Owner with respect to proposed Field Orders, Change Orders, and implement Field
Orders and Change Orders as Approved by Owner.
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6.3.3
Contractor is responsible for the purchase of all materials and services required for construction of
the Project and as otherwise required to perform fully all of the Work, whether purchased by Contractor or its
Subcontractors. All of Contractor “buy out” or purchasing of major Subcontractors and Suppliers shall be
complete to support the Construction Schedule, but in no case later than thirty (30) days after Contractor’s
receipt of the Notice to Proceed.
6.3.4
Contractor shall provide Notice of delivery for critical material items from the manufacturer or
other suppliers. These items shall include, but not be limited to, glass and aluminum, doors, electrical switch
gear, structural steel, floor tile, finishes, and any other items identified by Owner. These written
confirmations shall be provided within twenty-one (21) days of the date of Notice To Proceed. Once
received, the Construction Schedule shall be updated with delivery date information.
6.3.5
Whenever reasonably requested by Owner in advance of the award of any subcontracts or
purchase orders, Contractor shall establish unit prices as part of the subcontracts or purchase orders. Such
unit prices shall be established for additions as well as deletions. Prior to the effective date of the Agreement,
Owner has made such a reasonable request with regard to the portions of the Work identified in Section 9 of
the Agreement.
6.3.6
Contractor shall review the work of Subcontractors and Suppliers for defects and deficiencies and
develop and implement a system, including appropriate quality control documentation, for ensuring that all
such defects and deficiencies are corrected.
6.4
Form of Subcontracts.
6.4.1
All Work performed by a Subcontractor shall be pursuant to an appropriate agreement between
Contractor and the Subcontractor (and where appropriate between Subcontractors and sub-subcontractors),
which shall contain provisions, consistent with the Contract Documents, that:
.1
preserve and protect the rights of Owner in accordance with the Contract Documents;
.2 make such subcontract subject to the terms of the Contract Documents and require that such
Work be performed in accordance with the requirements of the Contract Documents;
.3 specifically include the obligations and stipulations set forth in Paragraphs 4.4, 11.2, 12.12, and
17.2 of these General Conditions;
.4 require submission to Contractor of applications for payment under each subcontract to which
Contractor is a part, in reasonable time to enable Contractor to apply for payment in accordance with
the Agreement;
.5 specify a retainage release method that corresponds to Owner’s release of retainage to
Contractor;
.6 require that all claims for additional costs, extensions of time, damages for delays or otherwise
with respect to subcontracted Work shall be submitted to Contractor (via any Subcontractor or subsubcontractor where appropriate) in sufficient time so that Contractor may comply in the manner
provided in the Contract Documents for similar claims by Contractor upon Owner;
.7 waive all rights Contractor and Subcontractor may have against one another or Owner or End
User for damages caused by fire or other perils covered by the property insurance described in the
Agreement, except such rights as they may have to the proceeds of such insurance held by Owner as
trustee;
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.8 to the greatest extent permitted by law, waive all rights to file any mechanic's lien, or claim of
any sort or kind, against the premises of Owner or any part thereof;
.9 obligate each Subcontractor specifically to consent to the provisions of this Paragraph 6.4.
Contractor shall make available to each proposed Subcontractor, prior to the execution of the
subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this
Paragraph 6.4, and identify to the Subcontractor any terms and conditions of the proposed
subcontract which may materially vary from the terms and conditions of the Contract Documents.
Each Subcontractor shall similarly make copies of the Contract Documents available to its subsubcontractors;
.10 are required to be contained in such Subcontracts as otherwise set forth in the Contract
Documents;
.11 require the Subcontractor to carry and maintain insurance coverage in accordance with the Contract
Documents, and to file certificates of such coverage with the Contractor;
.12 require the Subcontractor to submit certificates and waivers of claims and liens for work completed
by it and by its Sub-subcontractors as a condition to the disbursement of the progress payment next due
and owing;
.13 require submission of applications for payment in a form approved by the Owner, together with
clearly defined invoices and billings supporting all such applications;
.14 report, so far as practicable, unit prices and any other feasible formula for use in the determination
of costs of changes in the Work;
.15 require each Subcontractor to furnish to the Contractor, in a timely fashion, all information
necessary for the preparation and submission of the reports required under the Contract Documents;
.16 require that each Subcontractor continue to perform under its subcontract in the event the Contract
is terminated and Owner or End User determines to take an assignment of said subcontract and requests
such Subcontractor to continue such performance;
.17 require each Subcontractor to remove on a daily basis all debris created by its activities;
.18 require each Subcontractor to submit to an audit by Owner or End User as set forth in Paragraph 8.5.
6.5
Notices Affording Protection from Liens under Applicable Statutes.
6.5.1
If the Project is located in a state in which statutory protection from liens is afforded upon the
filing of certain forms, then Owner shall prepare and attach such forms in blank and provide them as Exhibit
“U” to Contractor, the Agreement and Contractor shall be responsible for completing and filing such forms
with the appropriate governmental entity within the time permitted by applicable law or statute. Owner shall
cooperate with Contractor in obtaining such information regarding Owner and the Project as may be
necessary for the completion of such forms. Contractor shall comply with all legal requirements for posting
and publication, and provide Owner with a file-stamped copy of all forms that are filed.
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6.5.2
Contractor shall promptly respond to any person who makes a written request of Contractor,
Owner or an agent of Owner for a copy of a form filed by Contractor pursuant to Subparagraph 6.5.1, by
sending the requestor a copy of such form and any necessary supporting documentation. Contractor shall
comply with all applicable statutory requirements with respect to posting, filing and serving of such forms
and other required notices thereunder. Contractor shall maintain records regarding all requests received and
responses sent, and shall provide Owner with copies of these records at the completion of the Project, or upon
request.
6.5.3
Contractor shall maintain records of all lien claims or other legal notices provided by
Subcontractors, sub-subcontractors of any tier, and Suppliers of any tier, and shall promptly provide a copy of
same to Owner.
6.5.4
Contractor agrees to comply with all of its duties in accordance with all applicable laws affording
Owner protection from lien claims of Subcontractors, sub-subcontractors of any tier, and Suppliers.
6.6
Waiver of Lien Rights.
TO THE GREATEST EXTENT PERMITTED BY LAW,
CONTRACTOR AND ALL SUBCONTRACTORS, SUB-SUBCONTRACTORS AND SUPPLIERS OF
ANY TIER SHALL WAIVE ALL RIGHTS TO FILE ANY MECHANIC’S OR MATERIALMAN’S LIEN,
OR ANY CLAIM OF ANY SORT OR KIND, AGAINST THE PREMISES OF OWNER OR ANY PART
THEREOF.
ARTICLE 7
CONTRACT TIME
7.1
Contractor shall commence the Work promptly after receipt of Owner’s Notice to Proceed, and
shall prosecute the Work diligently to completion. Contractor shall complete the Work, the Project, and any
Milestones in accordance with the completion dates established in the Agreement. A Certificate of Final
Completion shall be issued by Owner within thirty (30) days after the final inspection has occurred and the
Owner has determined that all of the Work is complete in accordance with the Contract Documents. Issuance
of the Certificate of Final Completion fixes the Date of Final Completion of the Project and is a condition
precedent to final payment by Owner, except as otherwise expressly provided in this Agreement.
7.2
Time is of the essence as to Contractor's obligations under the Contract Documents, including but
not limited to the obligation to deliver the Work, and each Milestone thereof, Substantially Complete by the
applicable Milestone Date (as such dates may be extended by Permissible Extensions). Except as otherwise
provided herein, failure to Substantially Complete the Work for a particular Milestone by the applicable
Milestone Date shall entitle Owner to recover all damages incurred as a result of such failure, or Milestone
Liquidated Damages as more fully set forth in Article 15 and in Exhibit “D” of the Agreement, these General
Conditions, or both. Contractor recognizes and agrees that Owner may incur substantial financial losses in
the event that the Work, or the relevant portions thereof, are not completed by the dates shown in said Exhibit
“D”.
7.3
A Milestone Date for a particular Milestone shall be extended in the event of Approval by Owner
of a Permissible Extension, or whenever the Agreement otherwise authorizes or provides for an extension of
same; provided, however, as a condition precedent to obtaining an extension, Contractor shall make a Claim
to Owner in accordance with Article 19, within ten (10) days of the first occurrence of the event, occurrence,
circumstance, condition or other cause of the delay, describing such event, occurrence, circumstance,
condition or other cause in sufficient detail for Owner to determine whether same warrants Approval of a
Permissible Extension.
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7.4
Upon receipt of a Claim requesting an extension of time for any cause, Owner shall review the
facts in light of the Contract Documents. If the facts warrant such action, the applicable Milestone Date shall
be extended by a Change Order to the extent Owner determines that the delay meets the requirements for a
Permissible Extension. All Claims for time extensions shall be made to Owner not more than ten (10) days
after the occurrence of the cause of the delay. The Claim shall specify the precise number of days being
requested, and the specific Milestone Date or Substantial Completion Dates that should be adjusted. It is the
Contractor’s obligation to demonstrate to Owner that any alleged delay has adversely impacted the
Construction Schedule’s critical path. Submission of a Claim within the time period set forth in this Article is
a condition precedent to the validity of any Claim for an extension of time, and Contractor’s failure to comply
shall be deemed to be an intentional waiver of any such Claim.
7.5
To the greatest extent allowed by law, an extension of time under this Article shall be Contractor's
sole and exclusive remedy in the event that Contractor is delayed at any time in the commencement,
prosecution or completion of the Work, or is delayed, interfered with, impacted, obstructed or hindered by
any act, neglect, interference, or default of Owner, Architect, or by any employee of either, or by any separate
contractor employed by Owner, or by any cause beyond the control of Contractor. Contractor expressly
agrees not to make, and hereby waives, any claim for damages or an increase in the Contract Price or
Guaranteed Maximum Price on account of any delay, interference, impact, obstruction or hindrance of any
kind whatsoever.
7.6
Should Contractor, in the opinion of Owner, fail, refuse or neglect to supply a sufficient number of
workers or to deliver materials with such promptness as to prevent any delay in the progress of any portion of
the Work resulting in Contractor's (or any of its Subcontractors' or Suppliers') failure to prosecute the Work to
completion in a timely manner, then, in addition to any and all other rights and remedies of Owner, Owner
shall have the right upon five (5) days' prior Notice, to direct Contractor to furnish additional labor, including
overtime, and to expedite delivery of materials which shall be sufficient to accelerate and complete the Work
without any increase in the Contract Price or the Guaranteed Maximum Price. Nothing contained herein shall
be deemed to preclude Contractor's right to contest, by appropriate proceedings under Article 19, any such
directive by Owner. Should Contractor neglect or refuse to comply with such directive, Owner shall have the
right (but not the obligation) to obtain and pay for such goods and services directly, and the Contract Price or
Guaranteed Maximum Price shall be reduced in a like amount, and, in addition thereto, Owner may exercise
any other right or remedy granted by the Contract Documents (including termination hereof for cause) or
granted by law. Payment by Owner pursuant to the foregoing shall not be deemed to cure or waive
Contractor's default.
7.7
Notwithstanding the fact that a dispute, controversy or question between the parties to this
Agreement shall have arisen relating to (i) the interpretation of any provision of this Agreement, (ii) the
performance of any Work, (iii) payments which Owner claims it is entitled to withhold pursuant to this
Agreement or (iv) otherwise, Contractor agrees that it will not directly or indirectly stop or delay any Work
required to be performed under this Agreement, pending the resolution of such dispute or controversy or
questions pursuant to Article 19.
ARTICLE 8
CONTRACT PRICE (APPLIES ONLY TO LUMP SUM AGREEMENT)
8.1
For Contractor's performance of all of the Work in strict accordance with the Contract Documents
under a Lump Sum Agreement, Owner shall pay Contractor the Contract Price in current funds. The Contract
Price shall be the amount stated in Section 5.1 of the Agreement, subject to additions and deductions by
Change Order in accordance with Article 14.
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8.2
Contractor agrees and warrants that the Drawings and Specifications are sufficiently complete and
detailed to allow Contractor to commit to a binding Contract Price, and that the Contract Price shall not be
subject to adjustment except by Change Order in accordance with Article 14.
8.3
Contractor agrees and warrants that it has inspected the Site and the location or locations of the
Work, has examined all Contract Documents, all conditions affecting the Work, all facilities upon which the
Work is in any way dependent and all available engineering or geotechnical reports. Based on such
inspection and examination, Contractor agrees that the Contract Price is just and reasonable compensation for
all of the Work, including all foreseen or foreseeable risks, hazards and difficulties in connection therewith.
Notwithstanding the foregoing, should concealed conditions be encountered below the surface of the ground
which are unknown and unforeseeable by Contractor at the time of execution of the Agreement, the Contract
Price and, if necessary, the Milestone Dates shall be equitably adjusted by mutual agreement of Owner and
Contractor; provided, however, that, as a condition precedent to any such equitable adjustment, Contractor
shall submit a Claim to Owner in accordance with Article 19 within five (5) days after Contractor first
observes or, with the exercise of reasonable diligence, should have observed any such condition; and
provided, further, that the Contract Price and Milestone Dates shall be adjusted only to the extent such
condition differs materially from those described or referred to or otherwise indicated in the Contract
Documents and from those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract Documents, and would not have been foreseen by a contractor of
Contractor's experience and expertise. All such equitable adjustments to the Contract Price or the Milestone
Dates shall be evidenced by Change Orders. All such adjustments for unforeseen conditions may be limited
by the requirement for the Contractor to accept the site and soil conditions as “unclassified” which to the
extent described shifts the risk for impact to the Contractor.
8.4
Exhibit "C" specifies the Unit Prices of materials or services to be included in Allowances, and the
quantity of such materials or services included in the Contract Price. Should the actual quantity of such
materials or services provided be more or less than the Allowance, the Contract Price shall be adjusted
accordingly by Change Order.
8.5
Owner and End User reserve the right to audit all Contractor and Subcontractor and other jobrelated documents and correspondence, including, without limitation, accounting records and construction
documents, including, without limitation, documents for competitively bid, lump sum jobs. Contractor shall
reimburse Owner for all amounts resulting from such audit.
ARTICLE 9 – Not Used
ARTICLE 10 – Not Used
ARTICLE 11
ACCOUNTING, INSPECTION AND AUDIT
11.1
For Work performed under a Guaranteed Maximum Price Agreement, pursuant to a Change Order
under a Lump Sum Agreement, or that is the subject of a Claim:
11.1.1
Contractor shall check all materials, equipment and labor involved with or incorporated into the
Work and shall keep (and require all Subcontractors and Suppliers to keep) full, detailed and accurate records
and accounts thereof, showing the actual net costs to Contractor of all items of labor, materials, supplies,
services and other expenditures of whatever nature for which payment or reimbursement is authorized or
required under the Contract Documents, including all records (as defined in Paragraph 11.1.2 below), as may
be necessary for proper financial management under the Agreement, and the system of accounting shall be
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satisfactory to Owner or to an auditor appointed by Owner. Contractor shall retain and preserve all such
records for a period satisfactory to Owner (but not less than three (3) years) after final payment hereunder.
Owner, and its representatives, employees and agents shall be afforded complete access at all reasonable
times to all of Contractor’s and Subcontractor’s books, records, correspondence, instructions, drawings,
receipts, vouchers, accounts, memoranda and all other materials with respect to the cost of the Work, Change
Order or disputed sum hereunder. The foregoing obligations shall survive any expiration or termination of the
Agreement and the completion of the Work contemplated hereby.
11.1.2
Contractor and its Subcontractors shall maintain and preserve records (including hard copies, as
well as computer readable data), written policies and procedures, subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, etc.), original estimates, estimating work sheets,
correspondence, Change Order files (including documentation covering negotiated settlements), backcharge
logs and supporting documentation, general ledger entries detailing cash and trade discounts earned,
insurance rebates and dividends, and any other supporting evidence deemed necessary by Owner to
substantiate charges and shall make same available for inspection and audit, and reproduction by Owner’s
agents or its authorized representative so that same can be adequately evaluated and verified.
11.1.3
Owner’s audits may require inspection and copying from time to time and at reasonable times and
places of any and all information, materials and data of every kind and character, including without
limitation, records, books papers, documents, subscriptions, recordings, agreements, purchase orders, leases,
contractors, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts,
vouchers and memoranda, and any and all other agreements, sources of information and matters that may in
Owner’s judgment have any bearing on or pertain to any matters, rights, duties or obligations under or
covered by any Contract Document. Such records subject to audit shall also include, but not be limited to,
those records necessary to evaluate and verify direct and indirect costs (including overhead allocations), as
they may apply to costs associated with the Project.
11.2
Contractor shall require all Subcontractors, Suppliers, sub-subcontractors of any tier, and,
insurance agents to comply with the provisions of this Article by insertion of the requirements hereof in a
written agreement between Contractor and such party. Contractor will cooperate fully and will cause all of its
officers, directors, agents, representatives and successors and all of its Subcontractors (including those
entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to Owner from
time to time whenever requested in an expeditious manner any and all such information, materials and data.
11.3
Owner’s agent or its authorized representative shall have access to Contractor’s facilities, shall
have access to all necessary records and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with this Article.
11.4
If an audit inspection or examination in accordance with this Article discloses overcharges of any
nature by Contractor to Owner in excess of one percent (1%) of the total contract billings, the actual cost of
Owner’s audit and any related costs (including, but not limited to attorneys fees) shall be paid to Owner by
Contractor. Any adjustments or payments which must be made as a result of any such audit or inspection of
Contractor’s invoices or records shall be made within ninety (90) days from presentation of Owner’s findings
to Contractor.
ARTICLE 12
WARRANTIES AND CORRECTION OF WORK
12.1
Contractor warrants to Owner that all materials and equipment furnished under the Agreement will
be of good quality and new, unless otherwise required or permitted by the Contract Documents, and that the
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Work, including all components furnished pursuant to Client’s “Furnished by Owner Program”, will be
of good quality, free from faults and in conformance with the Contract Documents. Owner may, at Owner’s
option, assign its rights under this warranty to End User. This warranty is not limited by the provisions of
Paragraph 12.2. This warranty shall survive final payment by Owner and any termination of this Agreement.
12.2
Without limiting the generality of the warranties contained in Paragraph 12.1, Contractor agrees to
correct all defects in materials or workmanship in the Work that appear within a period of one (1) year from
Substantial Completion of the Project, or for such longer periods of time as may be set forth with respect to
specific warranties contained in the Specifications. Contractor shall correct all further defects that appear in
the Work that is repaired or replaced pursuant to this Paragraph 12.2, within one (1) year after such repair or
replacement is completed. The duty to correct defective Work during the one (1) year correction period
provided by this Paragraph shall not establish a period of limitation with respect to any other warranty, duty
or responsibility under this Agreement. This obligation shall survive final payment by Owner and any
termination of this Agreement.
12.3
Warranty Reserve and Contractor’s Warranty Work Response Requirements
12.3.1
Owner will hold from the Contractor’s final payment a “Warranty Reserve” in the amount of
twenty five thousand dollars ($25,000.00). These funds will be held by Owner until the expiration of the one
(1) year warranty period or until all of the eleven (11) month walk-through list of repairs are completed per
paragraph 12.10, whichever is later. In the event of Contractor failure to reasonably respond to a warranty call
as detailed below, the monies will be used by the Owner to perform Warranty Work during the Warranty
period. The Owner will provide 48 hours Notice to the Contractor for Operations Critical and Operations
Routine warranty defined calls prior to the Owner utilizing the Warranty Reserve to complete the warranty
work. For all Emergency defined warranty repairs, the Owner may without prior Notice to the Contractor and
only after the four hour response time has expired, proceed to complete the Emergency Warranty repair work
and deduct the cost of the repair work from the Warranty Reserve Fund. Furthermore, necessary Work
resulting from the eleven (11) month walk-through inspection and with forty (48) hours notice, may result in
Owner using the funds to complete such required corrections. The remaining balance, at the later of the two
events listed herein will be released to Contractor. The Warranty Reserve as set forth in this Article shall in
no manner limit the costs to be borne by Contractor for Contractor’s failure to fulfill it’s warranty obligations
– both stated and statutory.
12.3.2
Warranty Work response times by the Contractor shall be categorized into (1) Emergency,
(2) Operations Critical and (3) Routine. The repair Work will be categorized by Owner at the time of the
warranty repair request.
12.3.2.1 Emergency (facility operations are restricted, security, life/safety issue): twenty four (24) hour
required response time to include the following scopes of work:
Fire Protection
Fire Alarm
Overhead Doors
Mechanical System Malfunctions
Electrical System Malfunctions
Plumbing System Malfunctions
Security/Lock Malfunctions
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12.3.2.2
Operations Critical (facility operations are hindered): Forty eight (48) to seventy two (72) hour
response time to include the following scopes of work:
Mechanical Systems
Electrical Systems
Plumbing Systems
12.3.2.3
Routine: two (2) to three (3) week response time to include the following scopes of work:
All remaining scopes of work
12.3.3
Warranty Work orders are issued by the End User’s Facility/Operations Manager through an
automated
email system. At substantial completion, the Contractor shall provide the contact name and email address
of the Contractor’s person responsible for managing warranty work. All persons performing work at the
facility must check-in with the End User’s on site Facility/Operations Manager before starting any work. The
End User’s Facility/Operations Manager will direct the Contractor. All persons performing work at the
facility must check-in and check-out of the End User’s Security Office.
12.4
Prior to the facility opening, Contractor, Owner and End User’s Facility/Operations Manager will
conduct
a mechanical equipment start-up and training. At that time, Contractor shall provide phone numbers, cell
and office, email addresses and also on back-up contact for emergencies. During this meeting Contractor
shall also provide a sub-contractor list, to include scope of work, contact name, office number and cell
number.
12.5
Owner shall inform Contractor, within a reasonable time after Owner learns of any failure, defect,
or damage that is the subject of the warranties contained in this Article; provided, however, that any delay by
Owner in informing Contractor shall affect Contractor's obligations only to the extent that such failure causes
material and substantial prejudice to Contractor.
12.6
Contractor agrees to meet with Owner at the Site during the eleventh month after Substantial
Completion of the Project, for a walk-through and warranty review of the Work. At the conclusion of the
warranty review, Owner will provide to Contractor a list of all defects observed during the review that are
subject to Contractor's obligations under Paragraph 12.2. Contractor agrees to correct all such defects
promptly, and in any event not later than thirty (30) days after the date of the warranty review. Contractor is
required to schedule such “Eleven (11) Month Review” with Owner no earlier than six (6) weeks and not later
than four (4) weeks prior to the expiration of the one (1) year correction period set forth in Paragraph 12.2.
Contractor’s failure to timely give Notice to Owner and to request such review will be grounds for
Owner to extend required correction period until such time as Notice is received. In case of such extension,
the correction period shall be extended one (1) month beyond the Effective Date of the Contractor’s “Eleven
(11) Month Review”.
12.7
In the event that damage or deficiencies are noted during the Eleven Month review, or at other
times, that are not subject to warranties of Contractor or others, and which Owner wishes Contractor to repair,
Owner may issue a Field Order to Contractor pursuant to Article 14, for Contractor to perform repair,
modification or other supplemental services. Contractor agrees to perform any services pursuant to such a
Field Order, which shall be deemed to incorporate the representations, warranties, obligations and standards
of quality required of Contractor under the Contract Documents.
12.8
If Contractor fails to promptly remedy any failure, defect, or damage which is the subject of a
Contractor’s obligations under Paragraph 12.2, Owner shall have the right to replace, repair, or otherwise
remedy the failure, defect, or damage, all at Contractor's expense.
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12.9
With respect to guarantees and warranties from Subcontractors, sub-subcontractors,
manufacturers, Suppliers or other material suppliers of the Work and materials furnished under the Contract
Documents, Contractor shall:
.1 Obtain all guarantees and warranties to which Owner or Contractor is entitled from such parties
according to the Contract Documents, the Subcontracts and agreements with Suppliers;
.2 Require all such warranties to be executed, in writing, for the benefit of Contractor and Owner;
provided that Owner agrees to assign or license its rights under such warranties to Contractor if
necessary and if requested by Contractor to fulfill Contractor's obligations hereunder;
.3 Require that the Owner’s interest in all such warranties shall be assignable to End User at the
option of Owner;
.4 Within the correction period contemplated by Paragraph 12.2, enforce all such warranties for the
benefit of Owner according to this Article; and
.5 Provide two originals, plus copies in quantities as may be requested by Owner, of all warranties
to Owner at the time the Project or applicable Milestone is Substantially Complete. Warranties are
to be provided to Owner in identical sets of three-ring binders. Each binder shall be indexed with a
full table of contents listing all warranties provided within. Contractor shall deliver to Owner the
documents described herein within thirty (30) days after Substantial Completion. Owner may,
without notice, after said thirty (30) days, begin acquiring the necessary documents on behalf of the
Contractor at the Contractor’s expense. More restrictive requirements may be specified elsewhere.
Contractor shall provide the more restrictive.
12.10
In the event Contractor's correction period provided in Paragraph 12.2 has expired, Owner may
take direct action, including but not limited to legal proceedings, to enforce a Subcontractor's, subsubcontractor's, manufacturer's, or Supplier's warranty.
12.11
Establishment of the time period as described in Paragraph 12.2 relates only to the specific
obligation of Contractor to correct the Work, and has no relationship to the time within which compliance
with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be
commenced to establish Contractor's liability with respect to its obligations other than specifically to correct
the Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect
to other obligations which Contractor has under the Contract Documents.
12.12 Notwithstanding any other term or provision contained herein to the contrary and as allowed by
applicable law, for the purpose of calculating the applicable statute of limitations, statute of repose, or the
date from which the Contractor’s or a Subcontractor’s warranty period begins to run, the date of Substantial
Completion of the Contractor’s or such Subcontractor’s Work shall be the same date as the Date of
Substantial Completion of the Project.
12.13
As between Owner, Contractor and End User:
.1 as to acts or failures to act occurring prior to the relevant date of Substantial Completion, any
applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed
to have occurred in any and all events not later than such date of Substantial Completion, or in the case
of latent defects, the date of discovery by Owner or End User, if later;
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.2 as to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and
prior to issuance of a Certificate of Final Completion, any applicable statute of limitations shall
commence to run and any alleged cause of action shall be deemed to have occurred in any and all events
not later than the date of issuance of the Final Certificate for Payment, or in the case of latent defects, the
date of discovery by Owner or End User, if later; and
.3 as to acts or failures to act occurring after the relevant date of issuance of a Certificate of Final
Completion, any applicable statute of limitations shall commence to run and any alleged cause of action
shall be deemed to have accrued on the date of any act or failure to act by Contractor pursuant to the
warranty provided in Paragraph 12.1, the date of any correction of the Work or failure to correct the
Work by Contractor under Paragraph 12.2, or the date of discovery by Owner or End User of latent
defects, whichever occurs last.
ARTICLE 13
PAYMENTS TO CONTRACTOR
13.1
Procedure Under Guaranteed Maximum Price Agreement. Payments under a Guaranteed
Maximum Price Agreement shall be made by Owner to Contractor according to the procedure set forth in this
Paragraph 13.1.
13.1.1
Applications for Payment shall be submitted to Owner on or before the day of the month set forth
in Section 10 of the Agreement. All applications for payments must be submitted on a notarized AIA
Document G702, Application and Certificate for Payment (attached hereto as Exhibit "G") and an IDI
Application for Payment - Continuation Sheet and will be accompanied by waivers of liens from Contractor
and all major subcontractors and material suppliers for the portion of Work certified to be in place for which
payment has been made. Major subcontractors and material suppliers will be regarded as those whose
contract sum exceeds Ten Thousand Dollars ($10,000.00) for the Project. The submission of the completed
IDI Application for Payment - Continuation Sheet must be consistent with the Contractor’s Bid Form
breakdown. Each time the AIA Document G702 is submitted, it must include a completed and updated
Subcontractor List (Exhibit “S”), Monthly Progress Summary as defined by Paragraph 4.19.5 and an updated
Construction Schedule and such back-up documentation as Owner may require to show the Cost of the Work
incurred since the preceding pay period, along with the portion of Contractor’s Fee proportionate to the ratio
the Cost of the Work incurred during the preceding period bears to the total estimated Cost of the Work
included in the GMP. The submission of AIA Document G702 must include any other documentation that
may be identified elsewhere in this Agreement.
Attached in Exhibit G are sub-exhibits which demonstrate proper documentation. Exhibit “G1” is a blank,
sample of an original AIA document G702 Application and Certificate for Payment to be completed by
Contractor. Exhibit “G2” is a sample, completed and certified Pay Application by Contractor for reference
and/or guide. Exhibit “G3” is a blank, IDI General Billing Documents Checklist.
13.1.2
Subject to other provisions of the Contract Documents, the amount of each progress payment shall
be as follows:
.1 take the Cost of the Work incurred since the preceding pay period as determined in accordance
with Article 10 and Subparagraph 13.1.1, less Retainage pursuant to Subparagraph 13.8.1;
.2 add that portion of the Contractor’s Fee that is proportionate to the ratio the Cost of the Work
incurred during the preceding month bears to the total Cost of the Work included in the Guaranteed
Maximum Price, less Retainage pursuant to Subparagraph 13.8.1;
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.3
subtract amounts, if any, which Owner is entitled to withhold pursuant to the Contract
Documents.
13.2
Procedure Under Lump Sum Agreement. Payments under a Lump Sum Agreement shall be
made by Owner to Contractor according to the procedure set forth in Paragraphs 13.2 through 13.16:
13.2.1 Applications for Payment shall be submitted to Owner on or before the day of the month set forth in
Section 10 of the Agreement. All applications for payments must be submitted on a notarized AIA Document
G702, Application and Certificate for Payment (attached hereto as Exhibit “G1”), and an IDI Application for
Payment – Continuation Sheet and be accompanied by waivers of liens from Contractor and all major
subcontractors and materials suppliers for the portion of Work certified to be in place for which payment has
been made. Major subcontractors and material suppliers will be regarded as those whose contract sum
exceeds Ten Thousand Dollars ($10,000.00) for the Project. The submission of the completed IDI
Continuation Sheet must be consistent with the Contractor’s Bid Form breakdown. Each time the AIA
Document G702 is submitted, it must include a completed and updated Subcontractor List (Exhibit “S”),
Monthly Progress Summary as defined by Paragraph 4.19.5 and an updated Construction Schedule for the
Work performed and such back-up documentation as Owner may require to show the materials delivered and
stored since the preceding pay period. The submission of AIA Document G702 must include any other
documentation that may be identified elsewhere in this Agreement (Paragraph 13.2.2). Attached in Exhibit G
are sub-exhibits which demonstrate proper documentation. Exhibit “G1” is a blank, sample of an original
AIA document G702 Application and Certificate for Payment to be completed by Contractor. Exhibit “G2”
is a sample, completed and certified Pay Application by Contractor for reference and/or guide. Exhibit “G3”
is a blank, IDI General Billing Documents Checklist. Subject to the provisions of the Contract Documents,
the amount of each progress payment shall be computed as follows:
.1 Take that portion of the Contract Price properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the total Contract
Price allocated to that portion of the Work in the Schedule of Values, less retainage as set forth in
Subparagraph 13.8.1;
.2 Add that portion of the Contract Price properly allocable to materials and equipment delivered
and suitably stored at the Site for subsequent incorporation in the completed construction (or, if
Approved in advance by Owner, suitably stored off the Site at a location Approved by Owner), less
retainage as set forth in Subparagraph 13.8.1;
.3
Subtract the aggregate of previous payments made by Owner; and
.4 Subtract amounts, if any, which Owner is entitled to withhold pursuant to the Contract
Documents.
13.3
By signing an Application for Payment, Contractor certifies and warrants to Owner that:
13.3.1
The Schedule of Values is accurate and balanced, and reflects the proportionate cost to Contractor
of performing the Work included in each line item;
13.3.2
Each portion of the Work referred to in the Application for Payment is completed in the
percentage indicated;
13.3.3
The amount set forth in the Application for Payment represents the amount due and payable for
the costs of the construction of the Project and such payment is not being requested in advance and is in
accordance with the terms of the Agreement;
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13.3.4
Contractor has no notice of any vendor's, materialmen's, mechanic's, suppliers' or other similar
liens or rights to liens, chattel mortgages or conditional sales contracts pertaining to the Work covered by the
subject Application for Payment;
13.3.5
To the best of Contractor's knowledge, the labor and services for which payment is sought have
been performed in a satisfactory manner and in strict accordance with the Contract Documents;
13.3.6
Contractor waives and releases all Claims against Owner for extra compensation, delays,
hindrance, interference, extension of time or for adjustments to the Contract Price or Guaranteed Maximum
Price, or Change Orders based on events or circumstances existing or occurring more than fifteen (15) days
prior to the date of the Application for Payment in question, except as specifically enumerated and described
in the Application for Payment.
13.4
Within the number of days specified in Section 10 of the Agreement, Owner shall (1) inform
Contractor of any reasons for withholding payment of all or any part of same; and (2) pay Contractor any
undisputed amount requested in the Application for Payment, less retainage as applicable. Owner may
withhold payments otherwise due Contractor on account of a breach or default under the Contract
Documents, of any conduct or circumstances affording grounds for termination under Article 17, or any other
circumstances justifying the withholding of payment as allowed by the Contract Documents.
13.5
Under no circumstances shall an Application for Payment constitute Notice of a Claim under
Article 19 or a Request for a Change Order under Article 14. Should Owner fail to pay Contractor any
amount that is due hereunder by the required payment date, Contractor shall provide Owner Notice of nonpayment, and may assert any Claim for payment in accordance with the dispute resolution procedure set forth
in Article 19.
13.6
Any amount owed Contractor by Owner for payment due but unpaid under this or any other
provision of the Agreement, and any amount owed Owner by Contractor in connection with the Contract
Documents or the Project, shall bear interest at the rate specified in Section 11 of the Agreement.
13.7
Lien Waivers. Each Application for Payment shall be accompanied by Contractor's interim
waiver of lien for the full amount of payment and the Work covered thereby, conditional only upon payment
of such Application for Payment. Contractor’s first Application for Payment shall also be accompanied by
interim waivers of Subcontractors and Suppliers who are included in that Application, conditioned only on
receipt of such requested payment. Each Application for Payment after the first shall
be accompanied by waivers of lien of Subcontractors and Suppliers who were included in the immediately
preceding Application for Payment, for the full amount of the payment made and Work covered under the
preceding Application for Payment. Contractor’s final Application for Payment shall be accompanied by
Contractor's Final Affidavit and final lien waivers from Contractor, Subcontractors and Suppliers who have
not previously furnished such final lien waivers, such final lien waivers to be conditioned only upon receipt
of such final payment. All lien waivers and affidavits shall be furnished in the forms attached as Exhibits "I"
through "M" or in such other form as Owner may require.
13.8
Retainage.
13.8.1
For Work performed under a Guaranteed Maximum Price Agreement or Lump Sum Agreement,
the applicable percentages specified in Section 10 of the Agreement shall be applied to the amounts Approved
by Owner for payment on each Application for Payment and the resulting amount shall be held by Owner as
retainage, which retainage shall be subject to release as provided in Section 10 of the Agreement and
Subparagraph 13.9.6 and Paragraph 13.10 of these General Conditions.
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13.8.2
Retainage withheld as to a Subcontractor which has completed all Work included in its
subcontract may be released only upon request for its release by Contractor and Acceptance by Owner of the
Work included in the Final Punch List for the Milestone of the Project worked on by said Subcontractor, and
upon submission by Contractor of (i) satisfactory evidence that all bills and claims against the Subcontractor's
portion of the Work have been paid, (ii) a complete waiver of all lien rights of the Subcontractor and any of
its sub-subcontractors or Suppliers in a form satisfactory to Owner, (iii) evidence that the relevant time period
has expired following the filing of a valid notice of completion or similar notice provided for under the laws
of the state in which the Project is located, (iv) all information has been supplied for the submittal of the asbuilt drawings, equipment manuals, and warranty forms, (v) certification that all Punch List items have been
completed to the satisfaction of Owner; and (vi) evidence of release by Contractor of corresponding retainage
to the Subcontractor. Retainage may be withheld if grounds exist for withholding payment on account of
other breach by Contractor under the Contract Documents.
13.8.3
Upon submitting the appropriate Application for Payment and upon the execution of a Certificate
of Substantial Completion for the Project in accordance with this Subparagraph, Owner shall release retainage
in accordance with this Subparagraph. Under a Guaranteed Maximum Price Agreement, Owner shall
increase the total payments to equal the applicable percentage of the Cost of the Work specified in Section 10
of the Agreement. Under a Lump Sum Agreement, Owner shall increase the total payments to equal the
applicable percentage of the Contract Price specified in Section 10 of the Agreement. Such amounts,
however, shall be subject to withholding by Owner of such amounts as the Owner deems necessary to
withhold to cover incomplete Work, Milestone Liquidated Damages, claims or other amounts as allowed by
the Contract Documents.
13.9
Substantial Completion.
13.9.1
When Contractor believes that the Project or particular Milestone is Substantially Complete,
Contractor shall furnish Owner with a Notice to that effect, accompanied by a Certificate of Occupancy, a
proposed Certificate of Substantial Completion (Exhibit “N”) for the Project or Milestone, and Contractor's
Punch List for the Project or particular Milestone. Owner shall either execute and return the proposed
Certificate of Substantial Completion, or furnish Contractor with a Notice stating the reasons why the Project
or particular Milestone is not Substantially Complete. Owner shall also provide Contractor with a written list
of any additional items that Owner believes should be included in the Final Punch List for the Project or
particular Milestone. The items in the Contractor’s Punch List that remain incomplete on the date of
Substantial Completion, as well as any additional incomplete items added by Owner, shall become the Final
Punch List for the Project or Milestone; however, the Final Punch List for a Milestone is subject to further
revision by the Owner at the time of Substantial Completion of the Project and such revisions shall be
included in the Final Punch List for the Project.
13.9.2
Upon receipt of the Final Punch List, Contractor shall immediately pursue the completion of the
items on such Final Punch List. Within five (5) business days of Contractor's receipt of the Final Punch List,
Contractor shall establish a schedule for the completion of each item and for verifying such completion, and
shall provide a copy of same to Owner for its Acceptance. Once the schedule is Accepted by Owner,
Contractor shall complete each item within such schedule and cooperate fully in the verification process.
13.9.3
Good faith shall be required in Owner's determination of whether to execute a Certificate of
Substantial Completion, Owner’s determination of the Work necessary to cause the Project or particular
Milestone thereof to be Substantially Complete, and Owner’s determination of items that should be included
on the Final Punch List and the schedule for completion of same. Notwithstanding any provision contained
herein, Contractor acknowledges that the ultimate decision on each such issue rests with Owner. Any dispute
regarding same shall be subject to the dispute resolution procedures of Article 19.
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13.9.4
In the event that a Milestone is not complete by the applicable Milestone Date (as extended by all
Permissible Extensions), then Owner shall have the right to recover or withhold from Contractor the
applicable Milestone Liquidated Damages calculated from the applicable Milestone Date until the Milestone
is Substantially Complete.
13.9.5
The party named in Section 16.1 of the Agreement shall maintain the Builder’s Risk Policy, as
provided in Paragraph 2.2 of the General Conditions, until the Owner executes a certificate of substantial
completion for the entire project. The Certificate of Substantial Completion shall specify the party that is
responsible for maintaining insurance after the date of Substantial Completion. Except as otherwise expressly
provided herein, from and after the date that Owner has Accepted a Milestone, Owner shall bear all costs and
expenses relating to the use, occupancy and operation of the Milestone, as applicable, including all expenses
for operation, utilities, maintenance and repairs.
13.9.6
Upon receiving an appropriate Application for Payment and upon executing a Certificate of
Substantial Completion for the Project in accordance with this Paragraph 13, Owner shall release retainage as
follows: (1) under a Guaranteed Maximum Price Agreement, Owner shall increase the total payments to equal
the applicable percentage of the Cost of the Work Specified in Section 10.5 of the Guaranteed Maximum
Price Agreement; and (2) Under a Lump Sum Agreement, Owner shall increase the total payments to equal
the applicable percentage of the Contract Price specified in Section 10.5 of the Lump Sum Agreement. Such
amounts, however, shall be subject to withholding by Owner of such amounts as the Owner deems necessary
to withhold to cover incomplete Work, Milestone Liquidated Damages, Claims or other amounts as allowed
by the Contract Documents.
13.9.7
Upon receiving an appropriate Application for Payment and upon verification to Owner’s
satisfaction that all Punch List work is complete, Owner shall further release retainage as follows: (1) under a
Guaranteed Maximum Price Agreement, Owner shall increase the total payments to equal the applicable
percentage of the Cost of the Work specified in Section 10.6 of the Guaranteed Maximum Price Agreement;
and (2) under a Lump Sum Agreement, Owner shall increase the total payments to equal the applicable
percentage of the Contract Price specified in Section 10.6 of the Lump Sum Agreement. Such amounts,
however, shall be subject to withholding by Owner of such amounts as the Owner deems necessary to
withhold to cover incomplete Work, Milestone Liquidated Damages, Claims or other amounts as allowed by
the Contract Documents.
13.10
Final Payment.
13.10.1
When the entire Project and all Final Punch List items are finally completed and Accepted by
Owner, Contractor shall submit to Owner a final Application for Payment and, upon Owner's request, a final
accounting which shall include such documents and other information as required by Owner.
13.10.2
The accounting required by Subparagraph 13.10.1 shall include all information and back-up
documentation requested by Owner, including but not limited to the following:
.1 Under a Guaranteed Maximum Price Agreement, all documents reasonably necessary to
establish the actual Cost of the Work. Contractor shall be deemed to have waived any right to
payment for any cost incurred for which proper documentation was not retained or does not exist;
.2 All documentation (in proper form) required to be submitted to Owner pursuant to any provision
of the Contract Documents;
.3 Such certificates and other documents as may be required to demonstrate that all payrolls, bills
for materials and equipment, and other indebtedness and liabilities, connected with the Work or for
which Owner or Owner's property might in any way be responsible, have been paid or otherwise
satisfied;
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.4 Final waivers of lien and general releases issued by Contractor and all Subcontractors and
Suppliers, in favor of Owner and its designees, as set forth in paragraph 13.7; and
.5 One (1) complete set of marked-up Construction Documents (“As-Builts”) showing actual
locations of utilities and all changes and alterations made to the Project during construction. Three
(3) complete set of operation and maintenance manuals or more if required in other sections of the
contract documents.
.6 An executed Agreement of Final Payment (Exhibit “Q”) must be provided to Owner before any
reduction in the amount of retainage or issuance of final payment can be made.
13.10.3
Owner and Architect shall make an inspection of the Project and, if all the Work is finally
complete, Owner shall issue a Certificate of Final Completion, certifying that the Work is fully and finally
complete, and that all Certificates of Occupancy and permits necessary to permit Owner to occupy and use
the Project have been issued, and that Owner has Accepted the Work.
13.10.4
Upon Owner's issuance of a Certificate of Final Completion under Subparagraph 13.10.3 and the
Acceptance of the Project by Owner, Owner shall, upon receipt of the appropriate Application for Payment
submitted by Contractor, pay to Contractor all retainage and other amounts owed to Contractor; subject to
Contractor's submission to Owner of:
.1 General Contractor’s Final Affidavit in the form of Exhibit "M" that all payrolls, bills for
materials and equipment, and other indebtedness connected with the Work for which Owner or
Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been
paid;
.2 A certificate evidencing that insurance, if any, required by the Contract Documents to remain in
force after final payment is currently in effect and will not be canceled or allowed to expire without
required prior Notice to Owner;
.3 A written statement that Contractor knows of no substantial reason that the insurance will not be
renewable to cover the period required by the Contract Documents;
.4
Consent of surety to final payment; and
.5 Calculations of any savings to be shared between Owner and Contractor pursuant to Section 7.2
of the Agreement; and
.6 If reasonably required by Owner, other data establishing payment or satisfaction of obligations,
such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out
of the Agreement.
If a Subcontractor refuses to furnish a release or waiver required by Owner, Contractor may furnish a bond
satisfactory to Owner to discharge any lien rights and Hold Harmless Owner against such lien.
13.11
Final Payment by Owner shall not foreclose the right of Owner to examine the books and records
of Contractor in accordance with the Contract Documents to determine the correctness and accuracy of any
item.
13.12
Neither the Acceptance of the Project or any Milestone, as applicable for occupancy nor the
occupancy thereof shall be construed as a waiver of any right of Owner or obligation of Contractor under the
Agreement, or as otherwise prejudicing Owner with respect to any such right or obligation.
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13.13
Prompt Payment by Contractor.
13.13.1
All funds paid by Owner to Contractor are deemed to constitute trust funds in the hands of
Contractor for the Work performed in accordance with the Contract, to be applied by Contractor first to the
payment of claims of Subcontractors, sub-subcontractors, laborers and materialmen arising out of the Work,
then to claims for utilities furnished and taxes imposed, and finally to the payment of premiums on surety
bonds and other bonds and premiums on insurance payable during construction of the Project, before
application to any other purpose. Upon receipt of funds from Owner, Contractor shall make immediate
payment for the uses intended by Owner's payment to Contractor.
13.13.2
Contractor shall abide by the provisions of any applicable statute relating to payment of persons
providing labor or materials to the Project, and shall Hold Harmless Owner from and against any claims,
losses, damages or liabilities arising from Contractor's failure to so abide. It is expressly understood and
agreed by the parties that any provisions in the Agreement with respect to payment, withholding of payments,
interest rates on late payments, and recovery of attorneys' fees are specifically intended to supersede and
replace those set forth in any applicable statute.
13.14 Owner may withhold all or a part of any payment to Contractor in the event of unsatisfactory
progress of the Work, defective construction which has not been remedied, disputed Work, third party claims
that have been filed or reasonable evidence that such claims will be filed, failure of Contractor or its
Subcontractors to make timely payment for labor, equipment and/or materials, damage caused by Contractor
to Owner, other contractors or Subcontractors, reasonable evidence that the Work cannot be completed for the
unpaid balance of the Contract Price, reasonable retainage at rates specified within the Agreement, and any
other grounds set forth within the Agreement.
13.15
Should Contractor neglect or refuse to pay promptly when due any legitimate or undisputed bill
incurred by it pursuant to the Agreement, Owner, after giving Contractor seven (7) calendar day's Notice of
its intention so to do, shall have the right but not the obligation, to pay such bill directly and such payments
shall be credited to the account of Owner. Owner shall be entitled to offset the amounts so paid against
payments thereafter becoming due to Contractor hereunder. The payment of any bill by Owner pursuant to
the foregoing shall not be deemed to cure or waive Contractor's default, and Owner may exercise any other
right or remedy granted by the Agreement or by law. Owner will not make any such payment, however,
without prior consultation with Contractor concerning Contractor's reason for refusing to pay promptly such
bill.
13.16
Subject to Contractor's obligations to obtain insurance, ownership of all and each part of the Work
as and when completed and incorporated in the Work, and to each and all of the materials as and when
affixed to the Project and incorporated therein, shall be in Owner. Ownership of all materials and equipment
delivered to the Site or Approved off-Site storage areas, but not affixed to the Project and incorporated
therein, shall become the property of Owner at such time that such materials are paid for by Owner, and under
no circumstances shall material which has been delivered to the Site or storage areas be removed without
Owner's prior Approval.
ARTICLE 14
CHANGES IN THE WORK
14.1
Owner reserves the right to order changes in the Work by requiring alterations, additions to or
deletions from the Work at any time prior to completion and Acceptance of the Work by Owner. Contractor
shall comply with any and all such changes. Contractor may request or propose changes in the Work;
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provided, however, Owner shall be under no obligation to agree to or Accept any such requested or proposed
change. Contractor shall not make any change or deviation from the Contract Documents without Owner's
prior Approval, and Contractor shall at all times be fully liable to Owner for any unauthorized changes in or
deviations from the Contract Documents. Except where expressly provided in the Agreement, no adjustment
to the Contract Price or Guaranteed Maximum Price shall be recognized, no extra payment shall be made, and
no extension of time shall be permitted, unless Contractor shall have received a Change Order prior to
making any such change.
14.2
Whenever the necessity for a change arises and when so ordered by Owner in writing, Contractor
shall take all steps necessary to halt any Work in the area of the change that might be affected by the change
requested. Changes in the Work shall be performed fully and completely and in accordance with the Contract
Documents, except for the deviations specifically called for by the Field Order or Change Order. Materials
utilized in the changed Work shall be as specified in the Contract Documents insofar as the Contract
Documents do not conflict with the directions set forth in the Change Order.
14.3
Except as otherwise provided in Paragraph 14.6 herein for emergency changes, Contractor shall be
issued a Field Order describing a change in the Work, which will require Contractor to prepare and submit to
Owner a full and completely detailed estimate of the costs and schedule impact to Contractor of performing
any changed or additional Work, and/or of the reduction in costs and time to Contractor due to any omitted
Work. Estimates of costs for added or deleted Work shall be based upon the cost to Contractor for such Work
at market values current at the time the changed Work is requested, unless otherwise covered by Unit Prices.
Contractor shall apply the applicable percentage in Section 12 of the Agreement to the costs of such added
Work and the resulting amount shall be full compensation for Contractor's field overhead and main office
overhead and profit. When Accepted by Owner, such estimates of costs of the added Work plus the percent
for Contractor's field overhead and main office overhead and profit shall be added to the Contract Price or
GMP by Change Order. At the sole discretion of the Owner, Field Orders describing changes in the Work
may include lump sum prices or may describe an alternative method of
determining the amount to be added or subtracted from the Contract Price or Guaranteed Maximum Price.
Contractor shall proceed immediately with changes in the Work as described in a Field Order issued by
Owner prior to the execution of a Change Order.
14.4
The estimates to be provided by Contractor in accordance with Paragraph 14.3 shall contain the
following additional information.
14.4.1 Contractor shall furnish detailed estimates of both the changed cost of all labor, materials, equipment
and all other costs to be included in added work (or under a Guaranteed Price Agreement, the Cost of the
Work for the changed, added or deleted Work, as determined in accordance with Article 10), or the applicable
Unit Prices, and all savings thereof resulting from deleted Work.
14.4.2 For any portion of the changed Work which shall be performed by a Subcontractor, Contractor shall
furnish Owner with a detailed estimate of the costs to the Subcontractor for labor, materials and equipment to
be used, and any other applicable costs charged by such Subcontractor, including a markup by the
Subcontractor not to exceed the applicable percentage in Section 12 of the Agreement to cover the
Subcontractor's general overhead and profit, unless otherwise Approved by Owner prior to award of the
subcontract.
14.4.3 Unless otherwise Approved by Owner in advance, sub-subcontractors' charges shall be limited to the
terms of Subparagraph 14.4.2. A Subcontractor's markup on a sub-subcontractor's total charges shall not
exceed the applicable percentage in Section 12 of the Agreement.
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14.4.4 All of the information to be provided by Contractor pursuant to this Article shall be provided in such
detail as Owner may reasonably require. All statements and work sheets to be provided by Contractor with
respect to changes in the Work shall be signed by Contractor, who shall certify, warrant and represent that, to
the best of Contractor's knowledge, the information is true and correct, but such certification shall not
preclude subsequent adjustment based upon a later audit.
14.5
Contractor's estimates shall be submitted within fourteen (14) calendar days after the Request for
Proposal or the Field Order proposing or directing the change is received by Contractor, or after Contractor
requests a change. Contractor's estimates shall include the period of time requested for Approval by Owner,
which shall be not less than fourteen (14) days, but Owner shall not be bound by such time period. If
Contractor fails to provide a complete and acceptable estimate and documentation within the fourteen-day
period specified herein, Owner with forty-eight (48) hours Notice to Contractor, may terminate Contractor's
rights for any time or payment compensation based on contractor’s own position. In this case, Owner shall
determine any changes in the Construction and will provide a reasonable estimate in a Change Order to the
contract to include Schedule, Contract Price, or Guaranteed Maximum Price changes in accordance with
Paragraph 14.7.
14.6
Changes in the Work required as a result of imminent peril to persons or property may be authorized
by Owner upon verbally informing Contractor thereof. Contractor shall commence performance of any such
change immediately upon receiving such authorization. After commencing any such change, Contractor shall
submit a detailed written estimate within the same time and in the same manner set forth above for ordinary
changes.
14.7
In the event that Owner and Contractor fail to agree on any adjustment in the Contract Price or
Guaranteed Maximum Price for any change in the Work pursuant to a Change Order, or any clarification to
the Construction Documents which Contractor claims is a Change Order, Owner shall inform Contractor to
proceed with the Work, and Contractor shall immediately proceed to perform the Work which is the subject
of the Change Order or clarification. In this event, changes in the Contract Price or Guaranteed Maximum
Price, if any, shall be determined by Owner at its sole discretion based either on 1) the net increase or
decrease in Contractor’s actual direct cost of performance plus general conditions costs and fee as applicable
or 2) Owner’s reasonable estimate. Regardless of Owner’s determination of method, Contractor shall keep
such detailed records of costs as described in this Article. Should Owner elect to base the Change Order
amount on the net increase or decrease in Contractor’s actual direct cost, Contractor shall provide Owner at
the completion of each day's work with a daily work sheet containing a detailed summary of the actual costs
of the labor, materials and equipment used in the changed Work, on a form to be approved by Owner.
Contractor similarly shall indicate all savings in labor, materials and equipment, as well as supervisory
personnel, in connection with that portion of the Work which has been deleted by the Change Order or the
changed Work. Where Contractor performs extra Work at locations away from the job Site, in lieu of such
daily work sheet, Contractor shall furnish a detailed statement of labor, material and equipment used on such
extra Work. In addition, upon completion of such changed Work, Contractor shall furnish Owner with a
detailed time and materials statement of the Work included in such Change Order.
14.8
For any changes in the Work, Contractor shall be entitled only to such adjustment in time by which
the critical path of the Schedule for completion of the entire Work is delayed due to performance of the added
Work. Each estimate for an addition to the Work submitted by Contractor shall state the amount of additional
time that Contractor considers the critical path for completion time of the entire Work will be delayed as a
result of the requested change. Failure to request additional time when submitting such estimates shall
constitute a waiver by Contractor of any right to make a Claim for, or based upon, any adjustment of time or
Schedule. In each instance the request for additional time shall include an appropriate credit for time saved as
a consequence of changes in or deletions to the Work. Appropriate changes in time for changes or deletions
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to the Work shall be handled in the same manner. It will be Contractor's obligation to demonstrate to Owner
how any requested time extension has adversely impacted the critical path of the Construction Schedule.
Only time extension requests which have been demonstrated to adversely impact the critical path of the
Construction Schedule shall constitute a valid cause for extending time.
ARTICLE 15
LIQUIDATED DAMAGES
15.1
The parties hereby agree that if any Milestone is not completed within the time periods
contemplated by the applicable Milestone Dates, as adjusted due to Permissible Extensions, Contractor shall
be liable to Owner for Milestone Liquidated Damages as more fully provided in this Article.
15.2
The Milestone Liquidated Damages provided for in this Article are neither a penalty nor a
forfeiture, and are hereby fixed and agreed upon in recognition of the impracticability or impossibility of
ascertaining the amount of damages that will be sustained by Owner as a result of delay in obtaining
Substantial Completion of the Project or a Milestone thereof by the required date, and to quantify or
approximate, as well as possible, that amount necessary to compensate Owner for its inability to use or
otherwise have available the Work, or any portion thereof, for its intended purpose by the specific dates.
15.3
Milestone Liquidated Damages assessed and collected for late completion of one Milestone shall
constitute full and complete compensation to Owner, and Owner's exclusive remedy, for any damages
sustained as a result of, Contractor's late completion of that particular Milestone. Recovery of Milestone
Liquidated Damages for one Milestone shall not, however, affect Owner's right to recover Milestone
Liquidated Damages for delay, concurrent or otherwise, in the completion of another Milestone of the Project.
15.4
In the event that a particular Milestone is not Substantially Complete by the applicable Milestone
Date, as extended by applicable Permissible Extensions, Owner shall be entitled to withhold or receive from
Contractor the applicable Milestone Liquidated Damages calculated from the applicable Milestone Date (as
extended by all applicable Permissible Extensions) until that particular Milestone is Substantially Complete.
Liquidated Damages for each Milestone and for completion of the entire Project are set forth in Section 17 of
the Agreement and in Exhibit “D” to the General Conditions, the Agreement, or both.
15.5
In the event Contractor disputes its liability for Milestone Liquidated Damages, the dispute shall
be resolved as provided in Article 19.
ARTICLE 16
INDEMNITY AND EXCULPATION
16.1
TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL DEFEND,
INDEMNIFY AND HOLD HARMLESS IDI, OWNER, END USER, LENDER, PROPERTY MANAGER,
ARCHITECT, ENGINEER, AND THEIR RESPECTIVE LENDERS, OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS
“INDEMNITIES”) FROM AND AGAINST ALL CLAIMS, DISPUTES, DAMAGES, LOSSES, COSTS
AND EXPENSES (INCLUDING ATTORNEYS' FEES, LITIGATION EXPENSES AND EXPERT FEES)
ARISING OUT OF, OR RESULTING FROM, CONTRACTOR'S ALLEGED OR ACTUAL NEGLIGENT
ACTS OR OMISSIONS OR BREACH OF ITS OBLIGATIONS UNDER THE CONTRACT
DOCUMENTS. CONTRACTOR SHALL FURTHER ASSUME ALL LIABILITY FOR AND SHALL
INDEMNIFY AND HOLD HARMLESS THE INDEMNITIES FROM ALL DAMAGES AND LIABILITY
TO ANY PERSON OR PERSONS, AND INJURY TO OR DESTRUCTION OF ANY PROPERTY,
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INCLUDING THE LOSS OF USE THEREOF, BY REASON OF AN ACCIDENT OR OCCURRENCE
ARISING OUT OF OPERATIONS UNDER THE CONTRACT DOCUMENTS, WHETHER SUCH
OPERATIONS BE BY CONTRACTOR OR BY ANY SUBCONTRACTOR OR BY ANYONE DIRECTLY
OR INDIRECTLY EMPLOYED BY EITHER, OCCURING ON OR ABOUT THE SITE, OR THE WAYS
AND MEANS IMMEDIATELY ADJACENT. CONTRACTOR SHALL ALSO ASSUME THE
LIABILITY FOR INJURY AND OR DAMAGES TO ADJACENT OR NEIGHBORING PROPERTY BY
REASON OF WORK DONE UNDER THE CONTRACT DOCUMENTS. WHERE PROHIBITIED BY
LAW, THE OBLIGATIONS OF THE CONTRACTOR UNDER THIS PARAGRAPH SHALL NOT
EXTEND TO SITUATIONS IN WHICH INJURY OR CLAIM IS CAUSED BY THE NEGLIGENCE OF
THE PERSON INDEMNIFIED. THE FIRST ONE HUNDRED DOLLARS ($100) PAID TO
CONTRACTOR UNDER THIS CONTRACT SHALL CONSTITUTE SEPARATE CONSIDERATION
FOR THIS INDEMNITY, WHICH SHALL TAKE EFFECT UPON EXECUTION OF THIS CONTRACT.
CONTRACTOR SHALL ALSO, AT ITS OWN COST AND EXPENSE DEFEND INDEMNITIES, UPON
THEIR DEMAND FOR SUCH A DEFNSE, AGAINST ANY AND ALL ALLEGATIONS, ASSERTIONS,
CLAIMS, LAW SUITS, AND DISPUTES INVOLVE ALLEGATIONS, BY ANY PARTY, OR
CONTRACTOR’S NEGLIGENCE OR BREACH OF LEGAL OR CONTRACTURAL DUTIES.
16.2
CONTRACTOR SHALL DEFEND ALL SUITS AND CLAIMS FOR INFRINGEMENT OF
ANY PATENT RIGHTS AND SHALL HOLD OWNER, END USER, LENDER, AND THEIR OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FREE AND HARMLESS FROM
AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DAMAGE, DEMAND, COST AND
EXPENSE ON ACCOUNT THEREOF, EXCEPT TO THE EXTENT ARISING FROM A PARTICULAR
DESIGN, PROCESS OR PRODUCT OF A PARTICULAR MANUFACTURER SPECIFIED IN THE
CONTRACT DOCUMENTS. IF CONTRACTOR HAS REASON TO BELIEVE THAT A DESIGN,
PROCESS OR PRODUCT SPECIFIED IN THE CONTRACT DOCUMENTS IS AN INFRINGEMENT OF
A PATENT, CONTRACTOR SHALL BE RESPONSIBLE FOR SUCH LOSS UNLESS CONTRACTOR
PROMPTLY PROVIDES SUCH INFORMATION IN WRITING TO ARCHITECT AND OWNER.
16.3
WITHOUT WAIVING ANY OF THEIR RIGHTS UNDER THE CONTRACT DOCUMENTS,
CONTRACTOR AND OWNER AGREE THAT THE OFFICERS, PRINCIPALS, AGENTS, TRUSTEES,
DIRECTORS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, JOINT VENTURERS, OR
EMPLOYEES OF CONTRACTOR, OWNER, END USER, LENDER, AND ARCHITECT SHALL HAVE
NO PERSONAL LIABILITY WITH RESPECT TO THE PROJECT OR ANY OF THE OBLIGATIONS
SET FORTH IN THE CONTRACT DOCUMENTS.
ARTICLE 17
TERMINATION
17.1
Termination by Contractor.
17.1.1
If the Project, through no act or fault of Contractor, is stopped for a period of ninety (90)
consecutive days (1) under an order of any Court or other public authority having jurisdiction, (2) as a result
of an act of Owner, or (3) due to a declaration of a national emergency making materials unavailable, then
Contractor may, upon seven (7) days' Notice to Owner, terminate the Agreement and the Contract Documents
and shall be entitled to payment by Owner for the Work performed through the date of termination, and for
other proven, direct loss sustained upon any materials, equipment, tools, subcontracts, purchase orders,
construction equipment and machinery. Owner shall have no further liability to Contractor for such
termination and shall not, in any event, be responsible to Contractor for lost profits on Work not performed.
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17.1.2
If Contractor is entitled to payment under the Contract Documents, and has not been paid any
amount due in accordance with Article 13 herein and Section 10 of the Agreement, then Contractor may,
upon twenty-one (21) days’ Notice to Owner, terminate the Agreement and shall be entitled to payment by
Owner for the Work performed through the date of termination and for other proven, direct loss sustained
upon any materials, equipment, tools, subcontracts, purchase orders, construction equipment and machinery.
Owner shall have no further liability to Contractor for such termination and shall not, in any event, be
responsible to Contractor for lost profits on Work not performed.
17.2
Owner's Right to Perform Contractor's Obligations and Termination by Owner for Cause.
17.2.1
If Contractor fails to perform any of its obligations under the Contract Documents, Owner may,
after five (5) days' Notice, during which period Contractor fails to cure or to undertake good faith and diligent
efforts to cure such failure to perform, make good such deficiencies. The Contract Price or GMP shall be
reduced by the cost to Owner of making good such deficiencies, including but not limited to the cost of any
consultant or professional services associated therewith
17.2.2
If Contractor is adjudged bankrupt, or seeks protection under any statute relating to bankruptcy or
insolvency, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed on
account of its insolvency, or if it persistently or repeatedly refuses or fails to supply enough properly skilled
workmen or proper materials, or if it fails to make proper payment to Subcontractors or Suppliers for
materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial breach of a provision of the Contract
Documents, then Owner may, without prejudice to any right or remedy and after giving Contractor five (5)
days' Notice, during which period Contractor fails to cure or to undertake good faith and diligent efforts to
cure, terminate the Agreement, the Contract Documents and the employment of Contractor and take
possession of the Site and of all materials, equipment, tools, construction equipment and machinery thereon
owned by Contractor and may finish the Work by whatever reasonable method Owner deems expedient. In
such case, Contractor shall not be entitled to receive further payment, if any, until the Work is finished. All
warranties of Contractor and its Subcontractors and Suppliers shall survive such termination.
17.2.3 In the event of termination under Subparagraph 17.2.2, and upon completion of all of the Work,
Contractor shall pay to Owner the amount, if any, that the total cost of completing the Work, plus any
Milestone Liquidated Damages recoverable by Owner under Article 15, plus any amounts previously paid to
Contractor, exceed the Contract Price or GMP. If there is no such excess, Owner shall pay to Contractor any
portion of the Contract Price or Cost of the Work which has not previously been paid, so long as the total
amount paid by Owner to Contractor, plus all Milestone Liquidated Damages and all costs incurred by Owner
to complete the Work and as a result of any delay in completion, do not exceed the Contract Price or
Guaranteed Maximum Price.
17.2.4 Contractor shall make all contracts, subcontracts, purchase orders and other commitments entered
into by Contractor in connection with the performance of the Work hereunder in a form assignable to Owner.
In the event of any termination of the Agreement for any reason, and as a condition to any payments to
Contractor, Contractor shall, at the request of Owner, assign to Owner any of such contracts, subcontracts,
purchase orders and commitments as Owner designates, and Contractor shall use its best efforts to obtain
consent to the assignment of any such contract, subcontract, purchase order and commitment not otherwise
assignable in accordance with its terms and to assist in an orderly transition. All of Owner's rights and
obligations hereunder may be assigned by Owner to any party who owns a fee interest in and to the real
property to be improved by the Project, Owner's landlord, or any other party who is a construction lender
therefore.
17.3
Termination for Convenience
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17.3.1
Owner may terminate the Agreement for its convenience at any time upon Notice to Contractor.
In the event of a termination for convenience, Contractor shall take immediate steps to terminate the Work as
quickly and effectively as possible and shall terminate all commitments to third parties unless otherwise
instructed by Owner. Provided that no damages are due to Owner for Contractor's failure to perform in
accordance with the Contract Documents, Owner shall pay Contractor for all Work performed through the
date of termination, and for any other proven, direct loss sustained by Contractor upon any materials,
equipment, tools, subcontracts, purchase orders, construction equipment and machinery. Owner shall have no
further liability to Contractor for such termination and shall not, in any event, be responsible to Contractor for
lost profits on Work not performed. All subcontracts shall contain provisions permitting termination on the
same basis as provided in this Article.
17.3.2
If Owner terminates the Agreement for cause under Subparagraph 17.2.2 and it is later determined
that Owner did not have grounds to do so, the termination will be treated as a termination for convenience
under the terms of this Paragraph.
ARTICLE 18
SEPARATE CONTRACTORS
18.1
Owner and End User reserve the right to have separate contractors perform work at the Site not
included in the Construction Documents in connection with the development of the Project. In such case,
Owner shall direct such personnel or contractors that they shall not impede, delay, or cause any conflict with
the Work of Contractor. Contractor shall afford such separate contractors reasonable opportunity for the
introduction, protection and storage of material and equipment at the Site and the execution of their work, and
shall properly connect and coordinate its Work with the work of the separate contractors.
18.2
Contractor shall afford other contractors reasonable opportunity for the introduction and storage of
their materials and equipment and the execution of their portions of the Work, and shall properly connect and
coordinate Contractor's Work with theirs.
18.3
If any part of Contractor's Work depends, for proper execution or results, upon the work of any
separate contractor, Contractor shall inspect and promptly report to Owner and Architect discrepancies or
defects in such separate contractor’s work that impede such proper execution and results. Failure of
Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and
proper to receive Contractor's Work.
18.4
Contractor shall provide any chases and openings required by other contractors as shown in the
Contract Documents.
18.5
When other contractors are directed to coordinate their work with Work of Contractor so far as
built-in items, space requirements and time scheduling are concerned, and Contractor has knowledge of such
requirements, Contractor shall be responsible for the required coordination.
18.6
Contractor shall not endanger the work of any other contractor by cutting, excavating or otherwise
altering any Work and shall not cut or alter the work of any other contractor except with Owner's prior
Approval.
18.7
If a dispute arises between contractors as to their responsibility for cleaning up as required by the
Contract Documents, Owner may clean up and charge the cost thereof to the several contractors as Owner
may determine to be appropriate.
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ARTICLE 19
DISPUTE RESOLUTION
19.1
This Article is intended to govern all disputes and Claims between Owner and Contractor.
19.2
Contractor and Owner agree that, before any disagreement becomes a dispute or Claim which is
subject to the terms of this Article, they shall cooperate in good faith to resolve the disagreement.
19.3
"Claim" as used in this Article has the meaning provided in Article 1. Only Claims made by
Notice in accordance with Paragraph 19.9 shall be valid; all other Claims of any nature are expressly released
and waived.
19.4
Unless a shorter or longer period is specified in these General Conditions, Notice of a Claim by
Contractor must be made within ten (10) days of the date on which Contractor first learned of or observes, or
through the exercise of reasonable diligence could have learned of or observed, the event, occurrence,
circumstance, or condition giving rise to such Claim. Claims must be submitted by Notice, even if the Claim
is allegedly based on an oral or written statement by Owner. An additional Claim made after the initial Claim
has been implemented by a Change Order will not be considered unless submitted in a timely manner. Any
Claim not made in strict accordance with the terms of this Paragraph shall be deemed waived
by Contractor. Contractor acknowledges and agrees that Owner can only waive the requirements of this
Paragraph by express waiver in writing and that Contractor cannot rely on any implied waiver or any oral
statement or course of dealing to the contrary.
19.5
In connection with the submittal of a Claim, the parties agree to attempt to resolve the dispute
utilizing the procedures set forth herein.
19.6
If a Claim by Contractor exceeds fifty thousand dollars ($50,000.00), or seeks an extension of
time in excess of two (2) days, then Contractor shall submit with the Claim a certification that: the Claim is
made in good faith; the supporting data is accurate and complete to the best of Contractor's knowledge and
belief; and the amount requested accurately reflects the adjustment Contractor believes should be authorized.
The certification shall be executed by a senior official of Contractor in charge of the Project or an officer or
general partner of Contractor having overall responsibility for the conduct of Contractor's affairs.
19.7.
Duly appointed representatives of Contractor and Owner shall meet at least once in person to attempt
to resolve any Claim. If the Claim is not resolved promptly, Owner shall give such instructions as are
necessary for the proper performance by Contractor and to prevent delays pending settlement of the dispute.
Contractor shall act immediately according to such instructions, it being understood that by so doing neither
party will jeopardize any Claim the party may have under the Contract Documents.
19.8
If the Claim is not resolved by the representatives of Owner and Contractor within ten (10) days of a
Notice by either requesting a meeting, then Contractor and Owner shall each designate a senior executive
(with similar or equivalent organizational stature) who shall not be personally involved in the Project and
who shall have no direct responsibility for the administration of the Agreement. Each designated senior
executive shall have the authority to settle or compromise the Claim or controversy conclusively. The senior
executives shall meet at a mutually agreeable time and place within ten (10) days of the date of their
appointment and thereafter as often as they deem reasonably necessary to exchange relevant information and
to attempt to resolve the Claim.
19.9
If the Claim has not been resolved within ten (10) days of the date the senior executives first meet,
then either party may request non-binding mediation of the Claim by providing the other party with Notice of
its desire to mediate the dispute. Notice shall be given within ten (10) days of the date of the last meeting of
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the senior executives or the date last stated above, whichever shall last occur. Once such a mediation Notice
is issued by one or other of the parties, the mediation procedure shall be mandatory unless the parties agree in
writing to waive mediation. A single mediator selected by the senior executives shall be appointed. In the
event they are unable to agree upon an acceptable mediator within ten (10) days of the date the Notice of
desire to mediate is received, either party may petition the American Arbitration Association (AAA) for the
appointment of a mediator, and the mediation, including the selection of the mediator, shall proceed pursuant
to the AAA's Construction Industry Mediation Rules.
19.10 If a Notice requesting mediation is not transmitted within ten (10) days after the senior executives
first meet, or if the Claim has not been resolved pursuant to mediation within twenty (20) days of the
Effective Date of the Notice requesting mediation, the parties shall be free to enforce their respective rights
under the Contract Documents.
19.11
Confidential information disclosed to a mediator by the parties or by witnesses in the course of
any mediation shall not be divulged by the mediator except to the parties. All records, reports or other
documents received by a mediator while serving in such capacity shall be confidential. The mediator shall
not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding
or judicial forum. The parties shall maintain the confidentiality of the mediation and shall not rely on, or
introduce as evidence in any arbitral, judicial or other proceeding: (1) views expressed or
suggestions made by another party with respect to a possible settlement of the dispute; (2) admissions made
by another party in the course of the mediation proceedings; (3) proposals made or views expressed by the
mediator; and (4) the fact that another party had or had not indicated a willingness to accept a proposal for
settlement made by the mediator.
19.12
The expense of witnesses for any party to a mediation shall be paid by the party producing such
witnesses. All expenses of the mediator, including traveling, fees and other expenses of the mediator, or the
cost of any proofs, witnesses or experts produced at the direct request of the mediator, shall be borne equally
by the parties unless they agree otherwise.
19.13
Contractor and Owner shall proceed diligently with the performance of their obligations under the
Agreement, pending final resolution of any request for relief, Claim, litigation or appeal arising under the
Agreement.
19.14 Nothing in this Article shall preclude either party from enforcing the provisions of the Agreement or
seeking preliminary injunctive relief or other preliminary equitable relief if in its judgment such action is
necessary to protect its rights hereunder.
ARTICLE 20
MISCELLANEOUS PROVISIONS
20.1
Contractor shall not assign its interest in the Agreement without the written consent of Owner.
Owner reserves the right to assign this Agreement to End User or End User’s lender without Contractor’s
consent. Owner may assign this Agreement to other persons with consent of the Contractor, which consent
will not be unreasonably withheld. End User is an express third party beneficiary of this Agreement and is
entitled to enforce for its benefit any rights of Owner or End User hereunder.
20.2
The Contract Documents shall be governed and construed in accordance with the laws of the state
in which the Project is located, without regard to principles of conflicts of law.
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20.3
Owner's representative(s) specified in Section 14 of the Agreement and Contractor's Personnel
specified in Section 15 of the Agreement shall have authority to act (other than for the receipt of Notices
which must be given as specified in Paragraph 19.9) in matters relating to the Project until Notice is given
that such authority has been revoked. Contractor and Owner may each rely upon the written certification of
the other as to the appointment of a designated representative or the revocation of such representative's
authority.
20.4
The Contract Documents contain the entire and integrated agreement and understanding between
the parties hereto with respect to the subject matter hereof, and, except as set forth herein, there are no other
promises, understandings, agreements, representations or warranties, oral or written, expressed or implied
between them. Except as otherwise expressly provided herein, the Contract Documents may not be changed,
modified or terminated, in whole or in part, nor may any provision be waived, except by an instrument in
writing signed by the party against whose interest the change, modification, termination or waiver is asserted.
20.5
The captions throughout the Contract Documents are for convenience of reference only and the
words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify
or add to the interpretation, construction or meaning of any provision or the scope or intent of the Contract
Documents, nor in any way affect the Contract Documents. Where appropriate, words stated in the singular
shall include the plural, and vice versa. Unless stated to the contrary, the contents of all Exhibits to the
Contract Documents are made a part of the Contract Documents and are incorporated therein by reference.
20.6
If any term or provision of the Contract Documents or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of the Contract Documents, or
the application of such term or provision to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby, and each term and provision of the Contract
Documents shall be valid and enforced to the fullest extent permitted by law.
20.7
Except as otherwise provided herein, each right and remedy provided for in the Contract
Documents shall be cumulative and shall be in addition to every other right or remedy provided for in the
Contract Documents as now or hereafter existing at law or in equity or by statute or otherwise, and the
exercise or beginning of the exercise of any one or more of the rights or remedies provided for in the
Agreement as now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the
simultaneous or later exercise of any or all other rights or remedies provided for in the Contract Documents as
now or hereafter existing at law or in equity or by statute or otherwise.
20.8
The persons and addresses to which Notices should be given may be changed by Notice given in
accordance with this Paragraph.
20.9
During performance of the Agreement Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
20.10
No failure by either party to insist upon the strict performance of any term, covenant, agreement,
provision, condition or limitation of the Agreement, or to exercise any right or remedy consequent upon a
breach thereof, shall constitute a wavier of any such breach or of any such term, covenant, agreement,
provision, condition or limitation of the Agreement, and no breach thereof shall be waived, altered or
modified except by a written instrument. No wavier of one or more breaches shall affect or alter the
Agreement; rather, each and every term, covenant, agreement, provision, condition and limitation of the
Agreement shall continue in full force and effect with respect to any other breach hereof.
20.11
Unless the Contract Documents specifically authorize a different standard, no party shall
unreasonably withhold or delay its approval of any matter contemplated hereby. If either party unreasonably
withholds or delays an approval under the Contract Documents, the other party shall have the right to invoke
the dispute resolution provisions of Article 19.
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20.12
Contractor shall not use the Owner or End User’s name, image, etc. without express written
permission from both Owner and End User; this exclusion shall include but not limited to marketing
materials, websites, letters of recommendation, etc.
20.13
It is Owner’s and End User’s policy that minority and women business enterprises be provided
practicable opportunities to participate in the performance of End User’s projects. Such participation is
anticipated to be as contractor, subcontractor, or supplier to contractors performing work or rendering services on
such a project. Owner and End User do not require the utilization of minority or women business enterprises in
the performance of such projects, nor do they establish goals for such involvement, but they encourage all
participants in such projects at all levels to consider the use and involvement of minority and women business
enterprises.
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EXHIBIT “A”
Legal Description of Site
GENERAL CONDITIONS TO STANDARD AGREEMENT
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EXHIBIT “B”
List of Drawings, Specifications,
and other Contract Documents
GENERAL CONDITIONS TO STANDARD AGREEMENT
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EXHIBIT "C"
Qualifications, Exclusions, Allowances, and Unit Prices
GENERAL CONDITIONS TO STANDARD AGREEMENT
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EXHIBIT "D"
Construction Schedule, Milestone Dates and Liquated Damages
Construction Schedule:
Contract construction schedule to be inserted upon final approval from IDI.
Milestone Dates:
Liquidated Damages:
Commencing on the day following a "missed" Date, the amount of One Thousand and No/100 Dollars
($1,000.00) shall commence to accrue for each day that the Milestone or Date is not satisfied, as
liquidated damages (and not as a penalty). Each Milestone Date, and the accompanying liquidated
damages, shall operate independently from the other Milestone Dates, so that any liquidated damages
shall accrue independently. So, for example, it is possible that liquidated damages of up to Four
Thousand and No/100ths Dollars ($4,000) per day could accrue daily. Upon satisfaction of a Milestone
Date, accrual of liquidated damages shall cease as to that Date, but shall commence again if a subsequent
Milestone Date is missed. Developer shall pay any such liquidated damages to Client within thirty (30)
days of written notice to Developer. Any payments not made by Developer by the due date shall accrue
interest at the Default Rate. All liquidated damages shall cease accruing on the date of Substantial
Completion.
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "E"
Payment and Performance Bond
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "F"
Commissioning Activities and Standards
As part of the closeout process on the Project, Owner will conduct a Commissioning process
scheduled at about the time of Substantial Completion and within approximately 30 days
thereafter. The process may include several sessions over several days. The intent of the
Commissioning process is to verify that all functioning components of the Project are complete
and in good working order.
Contractor’s obligations regarding this process include, but are not limited to:
1. Requiring key subcontractor personnel attend and assist in the Commissioning sessions;
2. Demonstrating the operation of all doors, MEP systems including lighting, power,
equipment, etc., and other components;
3. Coordinating with the testing of Owner-installed equipment and systems;
4. Distributing reports to subcontractors and installers and following up with corrective
action for systems / items critical to the facilities opening schedule.
Owner will advise Contractor in advance of Commissioning sessions to schedule subcontractor /
installer attendance.
Owner will advise Contractor of Commissioning procedures and standards. Should the
Commissioning schedule or Commissioning list change during the construction period, then such
changes will be submitted to the Contractor prior to the commissioning date.
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "G"
Application for Payment, Sample AIA Document G702, Sample of completed and certified Pay
Application by Contractor and IDI General Billing Document Checklist
GENERAL CONDITIONS TO STANDARD AGREEMENT
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GC
EXHIBIT "H"
Notice to Proceed
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "I-1"
Subcontractor/Supplier's Conditional Waiver and Release Upon Progress Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "I-2"
Subcontractor/Supplier's Unconditional Waiver and Release Upon Progress Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "J -1"
Subcontractor/Supplier's Conditional Waiver and Release Upon Final Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "J -2"
Subcontractor/Supplier's Unconditional Waiver and Release Upon Final Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "K-1"
General Contractor’s Conditional Waiver and Release Upon Progress Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "K-2"
General Contractor’s Unconditional Waiver and Release Upon Progress Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "L-1"
General Contractor’s Conditional Waiver and Release Upon Final Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "L-2"
General Contractor’s Unconditional Waiver and Release Upon Final Payment (California)
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "M"
General Contractor Final Affidavit
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "N"
Certificate of Substantial Completion
Until such time as a different Certificate of Substantial Completion form is mutually agreed, this
Exhibit shall consist of AIA Document G704.
GENERAL CONDITIONS TO STANDARD AGREEMENT
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GC
EXHIBIT "O"
Insurance Certificate
GENERAL CONDITIONS TO STANDARD AGREEMENT
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GC
EXHIBIT "P"
Bid Form Documents and Bid Letter
GENERAL CONDITIONS TO STANDARD AGREEMENT
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GC
EXHIBIT "Q"
Agreement of Final Payment
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "R"
Letter of Intent
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "S"
Subcontractor List
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC
EXHIBIT "T"
Expesite
Contractor may be required to use “Expesite” project management system. This will be
determined later.
GENERAL CONDITIONS TO STANDARD AGREEMENT
Project
GC