HomeMy WebLinkAboutABOVEGROUND TANK ROBERT F. STUHR
ARCHITECT, INC.
Architecture Job No.'
Planning
·
Set No.:
· 3121 California Ave.
Bakersfield,
California 93304
(805) 327-1632
FUEL TANK MONITORING SYSTEM AT BUS GARAGE
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BAKERSFIELD, KERN COUNTY, CALIFORNIA
ROBERT F. STUHR ARCHITECT, INC.
3121 California Avenue
Bakersfield, CA 93304
FUEL TANK MONITORING SYSTEM AT BUS GARAGE
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BAKERSFIELD, KERN COUNTY, CALIFORNIA
INDEX
DIVISION
SECTION DESCRIPTION
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
00021 Notice to Contractors Calling For Bids
00101 Information For Bidders
00301 Bid Form
00411 Bid Bond
00431 Designation of Subcontractors
00481 Noncollusion Affidavit To Be Submitted With Bid
00501 Agreement
O0501A Public Contract Code Requirements
00611 Performance Bond for Public Works
00621 Payment Bond for Public Works
00625 Job Classification
00630 Substitution Warranty
00661 Contractor's Certificate Regarding Workers
Compensation
00662 Asbestos Certification
00701 General Conditions
00820 Certified Payroll Reports
00851 Contract Documents
DIVISION 1 - GENERAL REQUIREHENTS
01060 Regulatory Requirements
01301 Submittals
01402 Quality Control
01741 Guarantee
DIVISION 2 - SITE WORK
02200 Earthwork
02282 Vegetation Control
02513 Asphaltic Concrete Paving
02515 Concrete Paving
DIVISION 15 I~ECI{ANICAL
15600 General Mechanical Requirements
2/1/91
SECTION 00021
NOTICE TO CONTRACTORS C~YJ.ING FOR BIDS
PROJECT: FUEL TANK MONITORING SYSTEM AT BUS GARAGE
SCHOOL DISTRICT: PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BID DEADLINE: = o'clock =.M. of the = day of = 1991.
PLACE OF BID RECEIPT: Office of Panama-Buena Vista Union School
District, 4200 Ashe Road, Bakersfield, CA 95315
WHERE TO PICK UP PLANS: Office of Robert F. S%uhr Architect, Inc.
3121 California Avenue, Bakersfield, California 93304.
WHO MAY PICK UP PLANS: Contractors holding the proper license,
designated in Sections 00021 and 00101, to perform the work of this
project (A license) may check out up to 3 sets of plans and
specifications for his use in preparing his bid. The plans must be
returned within 48 hours after opening of bids.
Contractors holding an "A", "C-36", or "C-61 with a supplemental D-40"
licenses may check out a set of plans and specifications, subject to
recall after 7 calendar days. Deposit will be forfeit if recalled set
is not returned within 24 hours of notification to return plans or
within 48 hours after opening of bids.
If any contractor decides not to bid this project, he is requested to
return plans and specifications immediately.
DEPOSIT: A $100.00 deposit will be required for each set of bid
documents to guarantee their return in good condition as desribed
above.
The school district named above (DISTRICT) will receive sealed bids
for the award of a contract for the identified project up to, but not
later than the specified deadline. Bids received by the deadline
shall be opened and publicly read aloud at the time and place
indicated.
Each bid must conform and be responsive to the contract documents.
Each bid must be accompanied by the security referred to in the
· contract documents and a list of proposed subcontractors.
The DISTRICT reserves the right to reject any or all bids and/or waive
any irregularities or informalities in any bids or in the bidding
process.
The DISTRICT has determined the general prevailing rate of per diem
wages in the locality in which this work is to be performed for each
craft or type of worker needed to execute this contract. These rates
NOTICE TO CONTRACTORS SECTION 00021
SECTION 00021
are on file at the district office, located at 4200 Ashe Road,
Bakersfield, CA 95515. Copies may be obtained on request. A copy of
these rates shall be posted at the job site.
The schedule of per diem wages is based upon a working day of eight
hours. The rate for holiday and overtime work shall be at least time
and one-half.
It shall be mandatory upon the contractor to whom the contract is
awarded (CONTRACTOR), and upon any subcontractor under him, to pay not
less than the specified rates to all workers employed by them in the
execution of the contract. It is CONTRACTOR'S responsibility to
determine any rate change which may have or will occur during the
intervening period between each issuance of written rates by the
Director of Industrial Relations.
No bidder may withdraw his bid or bid security for a period of sixty
(60) days after the date set for the opening of bids.
A payment bond and a performance bond will be required prior to
execution of the contract. The payment bond shall be in the form
called for in the contract documents.
Pursuant to the provisions of Public Contract Code Section 22300,
CONTRACTOR may substitute certain securities for any funds withheld by
DISTRICT to.ensure his performance under the contract. At the request
and expense of CONTRACTOR, securities equivalent to any amount
withheld shall be deposited, at the discretion of DISTRICT, with
either DISTRICT or a state or federally chartered bank, as the escrow
agent, who shall then pay any funds otherwise subject to retention to
CONTRACTOR.. Upon satisfactory completion of the contract, the
securities shall be returned to CONTRACTOR.
Securities eligible for investment shall include those listed in
Government Code Section 61430, bank and savings and loan certificates
of deposit, interest bearing demand deposit accounts, standby letters
of credit, or any other security mutually agreed to by CONTRACTOR and
DISTRICT. CONTRACTOR shall be the beneficial owner of any securities
substituted for funds withheld and shall receive any interest on them.
The escrow, agreement shall be essentially similar to the one indicated
in the General Conditions.
To perform the work required by this Notice, CONTRACTOR must possess
the following type of contractor's license: State of California
Classification A.
GOVERNING BOARD
By. Clerk of the Board
Publication Dates: =
·
NOTICE TO CONTRACTORS SECTION 00021 2
·
SECTION 00101
INFOltM~TION FOR BIDDERS
e1.01 PREPARATION OF BID FORM
The DISTRICT invites bids on the form supplied to be
submitted at the time and place stated in the Notice to
Contractors Calling for Bids. Ail blanks in the bid form
~ must be appropriately filled in, and all prices must be
stated in both words, and figures. All bids must be
submitted in sealed envelopes bearing on the outside the
name and address of the bidder, and the name of the project
for which the bid is submitted. It is the sole
responsibility of the bidder to see that the bid is received
~ at the proper place and time. Any bid received after the
scheduled closing time for receipt of bids will be returned
to the bidder unopened.
1.02 BID SECURITY
· a. Each bid shall be accompanied by bidder's security in an
amount not less than ten percent of the maximum amount of
the bid. Bidder's security shall be in one of the following
forms:
1. Cash.
2. A cashiers check mad® payable to the school district.
~ $. A certified check made payable to the school district.
4. A bidder's bond executed by an admitted surety insurer,
made payable to the school district. The admitted
surety insurer shall be a satisfactory corporate surety
rated A or better in Best's Guide.
~ Personal sureties and unregistered surety companies are
unacceptable. The cash, check, or bidder's bond shall
be given as a guarantee that the bidder will execute
the contract, if it is awarded to him, in conformity
with the contract documents, and shall provide the
surety bond(s) and other required documents as
· specified within fourteen (14) days after notification
of the award of the contract to the bidder. The
security shall be forfeited to the District should the
bidder to whom the contract is awarded fail to execute
the agreement and provide the bonds and other documents
within fourteen (14) calendar days of award.
·
1.05 SIGNATURE
The bid must indicate the business name of the bidder and
bear the signature in longhand of the person or persons duly
authorized to sign the bid.
· INFORHATION FOR BIDDERS SECTION 00101 '1
SECTION 00101
1.04 MODIFICATIONS
Changes or additions to the bid form, recapitulations of the
work bid upon, alternative proposals, or any other
modification of the bid form which is not specifically
called for in the contract documents may result in the
DISTRICT'S rejection of the bid as not being responsive to
the invitation to bid. No oral, telephonic, or telegraphic
modification of any bid submitted will be considered.
1.05 ERASURES
The bid submitted must not contain any erasures,
interlineations, or other correction unless each correction
is suitably authenticated by affixing in the margin
immediately opposite the correction the signature or
signatures of the person or persons signing the bid.
1.06 EXAMINATION OF SITE AND CONTRACT DOCUMENTS
Each bidder shall visit the site of the proposed work and
fully acquaint himself with the conditions relating to the
construction and labor so that he may fully understand the
facilities, difficulties, and restrictions attending the
execution of the work under the contract. Bidders shall
thoroughly examine and be familiar with the drawings and
specifications. The failure or omission of any bidder to
receive or examine any contract document, form, instrument,
addendum, or other document, or to visit the site and
acquaint himself with the conditions there shall not relieve
any bidder from any obligations with respect to his bid or
to the contract. The submission of a bid shall be taken as
prima facie evidence of compliance with this section.
1.07 WITHDRAWAL OF BIDS
Any bidder may withdraw his bid either personally, by
written request, or by telegraphic request, confirmed in
writing postmarked prior to the scheduled closing time for
receipt of bids.
1.08 AGREEMENTS AND BONDS
'The agreement form which the successful bidder, as
CONTRACTOR, will be required to execute, and the forms of
the payment and performance bonds which he will be required
to furnish prior to execution of the agreement, are included
in the contract documents and shall each be in the amount of
one hundred percent (100%) of the amount of the contract.
INFORMATION FOR BIDDERS SECTION 00101 2
SECTION oolO1
1.09 INTERPRETATION OF PLANS AND DOCUMENTS
If any person is in doubt as to the true meaning of any part
of the contract documents, or finds discrepancies in or
omissions from the drawings and specifications, he may
submit to the ARCHITECT a written request for an
'interpretation or correction. The person submitting the
request shall be responsible for its prompt delivery. Any
interpretation or correction of the contract documents will
be made only by addendum duly issued, and a copy of the
addendum will be mailed or delivered to each person
receiving a set of the contract documents. No oral
interpretation of any provision in the contract documents
will be made to any bidder.
1.10 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make,
file, or be interested in more than one bid for the same
work unless alternate bids are specifically called for. A
person, firm, or corporation that has submitted a
subproposal to a bidder, or quoted prices for materials to a
bidder, is not disqualified for that reason from submitting
a subproposal or quoting prices to other bidders or making a
prime proposal.
1.11 AWARD OF CONTRACT
The DISTRICT reserves the right to reject any or all bids,
and/or waive any irregularities or informalities in any bids
or in the bidding. The award of the contract, if made by
the DISTRICT, will be to the lowest responsible bidder.
1.12 ALTERNATES
If alternate bids are called for, the contract may he
awarded at the election of the governing board to the lowest
· responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
1.15 EVIDENCE OF RESPONSIBILITY
Upon the request of the DISTRICT, a bidder whose bid is
· under consideration for the award of the contract shall
submit promptly to the DISTRICT satisfactory evidence
showing the bidder's financial resource, construction
experience, and organization.
· INFORMATION FOR BIDDEi~S SECTION 00101 3
SECTION 00101
1.14 LISTING SUBCONTRACTORS
Each bidder shall submit a list of the proposed
subcontractors on this project as required by the Subletting
and Subcontracting Fair Practice Act (Public Contract Code
Sections 4100, et seq.). Forms for .this purpose are
furnished with the contract documents.
1.15 WORKERS' COMPENSATION
In accordance with the provisions of Section 3700 of the
Labor Code, CONTRACTOR shall secure the payment of
compensation to his employees. CONTRACTOR shall sign and
file with DISTRICT the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with
those provisions before commencing the performance of the
work of this contract." The form for this certificate is
included as a part of the contract documents.
1.16 LICENSE REOUIRED
To perform the work required by this Notice, CONTRACTOR must
possess the following type of contractor's license: State
of California A.
1.17 LIQUIDATED DAMAGES
Should the contractor fail to complete this contract within
the time limits fixed for such completion, or within the
time limits as may be extended as provided elsewhere in
these contract documents, damages will be sustained by the
Owner. It is hereby understood and agreed that, pursuant to
the provisions of Government Code Section 53069.85,
contractor shall pay to the owner the sum stipulated in the
Bid Proposal for each and every day's delay beyond the time
limit specified or as may be extended, as and for liquidated
damages; and in case the contractor fails to make such
payment, the owner may deduct the amount thereof from any
money due or that may become due the contractor under the
contract.
END OF SECTION
9/~g/9o
798
·
INFORMATION FOR BIDDERS SECTION O0101 4
SECTION 00301
Bib FOP
TO: Panama-Buena Vista Union School District
BID NO. 1
Pursuant to and in compliance with your Notice to Contractors Calling
for bids and related documents, the undersigned bidder, having
familiarized himself with the terms of the contract, the local
conditions affecting the performance of the contract, the cost of the
work at the place where the work is to be done, and the drawings and
specifications and other contract documents, proposes and agrees to
perform the contract within the time stipulated, including all of its
component parts and everything required to be performed, and to
provide and furnish any and all of the labor, materials, tools,
expendable equipment, and all applicable taxes, utility, and
transportation services necessary to perform the contract and complete
in a workmanlike manner all of the work required in connection with
the construction of IN-TANK LEAK DETECTION INTERSTITAL LEAK SENSING
AND VAPOR SENSING SYSTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL
DISTRICT BUS GARAGE FACILITY, all in strict conformity with the
drawings and specifications and other contract documents, including
addenda nos. __, , , , , , , __, on file
at the office of the ~RCHI~ECT for the sum of:
DOLLARS ( $ )
The bidder agrees that upon written notice of acceptance of this bid,
he will execute the contract and provide all bonds and other required
documents within fourteen (14) calendar days after the documents are
presented for execution.
Attached is bid security in the amount of not'less than ten percent
(10~) of the bid:
Bidder's Bond of the
(Name of Company)
in the amount of $
cashier's Check of the
(Name of Bank)
Certified'Check of the
(Name of Bank)
.The bidder has carefully examined the plans and specifications for
this project prepared and furnished by the DISTRICT and acknowledges
their sufficiency.
It is understood and agreed that the work under the contract shall be
· commenced by the bidder, if awarded the contract, five (5) days after
the date of the Notice to Proceed and that the project shall be
completed within $0 calendar days of that date. The undersigned
further agrees to pay to the Owner the sum of One Hundred Dollars
·
BID FORH SECTION 00301
SECTION 00301
($100.00) for each calendar day, including Saturdays, Sundays and
Holidays that the work remains uncompleted over the construction time
period of $0 days. This additional sum is agreed upon as the proper
measure of liquidated damages and is not to be construed as in any
sense a penalty.
NAME OF BIDDER:
(Type or Print)
FULL NAME OF
ALL PARTNERS
OR LEGAL NAME
OF CORPORATION:
(Type or Print)
BUSINESS ADDRESS:
(Type or Print)
TELEPHONE:
(Type or Print)
I declare'under penalty of perjury that information provided and
representations made in this bid are true and correct and that this
declaration was executed on .
BY:
(Signature in ink) (Type or print name and title
under signature)
PRESIDENT OF
CORPORATION:
(Signature in ink) (Type or print name and title
under signature)
SECRETARY OF
CORPORATION
(Signature in ink) (Type or print name and title
under signature)
CALIFORNIA STATE
CONTRACTORS
LICENSE NO~
(Type or Print) Expiration Date
IN THE NAME OF:
(Type or Print Name)
TYPE OF LICENSE:
(Type or Print)
DATED:
[CORPORATE SEAL]
'BID FORI{ SECTION 00301 2
SgCTION 00411
· BID BON__D
Be advised that we
as Principal (3'Principal") and
a corporation duly organized under the laws of the State of
as Surety ("Surety") are firmly bound to
as Obligee ("Obligee") in the sum of $ for the
payment of which the Principal and the Surety bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and
severally, by this Bond.
The Principal has submitted a bid for
The condition of our obligation is this: if the Principal is awarded
the contract upon its proposal, and shall, within the required number
of days after the notice of award, execute a contract with the Obligee
in accordance with the contract documents, submit the required payment
· and performance bonds, and provide all other required documents,'then
this obligation shall be null and void; but in the event that the
principal fails and/or refuses to execute and deliver those documents,
this bond will be charged with the costs of the damages experienced by
the Obligee as a result of that refusal, including but not limited to,
publication costs, the difference in money between the amount of the
· bid of the Principal and the amount for which the Obligee may legally
contract with another party to perform the work if the amount is in
excess of the former; building lease or rental costs, transportation
costs, professional service costs, and additional salary costs that
result from the delay due to the Principal's default on the awarded
contract. In no event, however, shall the surety's liability exceed
$ the penal sum indicated above.
The Surety, for value received, stipulates and agrees that its
obligations and its bond shall not be impaired or affected by any
extension of the time within which the Obligee may accept the bid; and
Surety waives, notice of any time extension·
DATED: PRINCIPAL
By.
Title
$ .
DATED: SURETY
By
Title
·
BID BOND SECTION 00411 1
S~CTION 00~31
· DES.~GNATION OF SUBCONTRACTORS
Subcontractor and Location and Place
portioP of Work License Number of Business
·
DESIGNATION OF SUBCONTRACTORS SECTION 00431 1
SECTION 00431
Respectfully submitted,
Firm:
By: ;
Address:
Telephone:
Contractor's License Number:
NOTE: The contract documents require that each subcontractor must
possess an appropriate contractors license issued by the
State of California.
·
DESIGNATION OF SUBCONTRACTORS SECTION 00431 2
SECTION 00483
NONCOLLUSION AFFIDAVIT TO BE EXECUTED B~BIDDER AND .SUBMITTED .WITH BI.D.
State of California )
) SS.
County of )
, being duly sworn, deposes and says:
That he or she is the (position)
of (name of bidder), the party making
the bid; that the bid is not made in the interest of, or on behalf of
any undisclosed person, partnership, company, association,
organization,., or corporation; that the bid is genuine and not
collusive of sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid
price", or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in
the proposed contract; that all statements contained in the bid are
true; and further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any price breakdown, or their
contents, or divulged relative information or data, or paid,' and will
not pay, any fee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
(Firm Name)
· ~ (Print Name - Authorized Agent)
(Signature - Authorized Agent)
Project Name
Subscribed and sworn to before me on , 19__
Notary Public
NOTARY SEAL
~ NONCOLLUSION AFFIDAVIT SECTION 00481 I
SECTION 00501
THIS AGREEMENT, dated the day. of , 1991 is entered
into between Panama-Buena Vista Union School District ("DISTRICT"),
and ("CONTRACTOR").
For the consideration stated below, DISTRICT and CONTRACTOR agree as
follows:
1. The complete contract includes all of the "contract documents" as
defined in Article i of the General Conditions. The contract
documents are complementary, and what is called for by any one
shall be as binding as if called for by all.
2. CONTRACTOR shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary
tools, expendable equipment, and all utility and transportation
services required for construction of IN-TANK LEAK DETECTION,
INTERSTITAL LEAK SENSING AND VAPOR SENSING SYSPTEM AT THE PANAMA-
BUENA VISTA UNION SCHOOL DISTRICT BUS GARAGE FACILITY. All work
to be performed and materials furnished shall be in strict
accordance with the contract documents.
3. As full consideration for the faithful performance of the
contract, DISTRICT shall pay to CONTRACTOR, subject to any
additions or deductions as provided in the contract documents,
the sum of $, which is the total of the following amounts stated
in the bid form:
· 4. The work shall commence on the date stated in the DISTRICT'S
Notice to Proceed and shall be completed within 30 calendar days
from the date stated in the Notice to Proceed. The Notice shall
not be issued prior to five calendar days after the award of the
contract, and shall not require that work be commenced less than
five calendar days from the date of issuance of the Notice to
O Proceed.
5. Payment of undisputed contract amounts is contingent upon
CONTRACTOR furnishing DISTRICT with a release of all claims
against the DISTRICT arising out of the contract payment. Any
disputed contract claim must be specifically excluded from the
0 operation of the release.
6. In accordance with Government Code Section 53069.85, for each
calendar day completion is delayed beyond the time allowed,
CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of per
calendar ~ay, which shall be deducted from any payments due or to
· become due to CONTRACTOR. Time extensions may be granted by the
DISTRICT as provided in the General Conditions.
O AG~k~[ENT SECTION 00501 1
SECTION 00501
In addition to any liquidated damages which may be assessed, if
the CONTRACTOR fails to complete the project within the time
period provided in the contract documents, and if. as a result
DISTRICT finds it necessary to incur any costs and expenses (for
example, relating to the acquisition and use of facilities
pending completion of the project), Contractor shall pay all
those costs and expenses incurredc hy District. These costs and
expenses may include, but are not limited to such items as rental
payments, inspection fees, and additional architectural fees
related to the acquisition of facilities. These costs and
expenses may be retained by District from any payments otherwise
due to Contractor.
7o During the life of this contract, CONTRACTOR shall take out and
maintain insurance as required by the General Conditions and in
the following amounts:
Owner's Protective Insurance $1,000,000.00
(The Owner and it's officers, agents and
employees and the Architect and the Architect's
Consulting Engineers and their employees may
be named as additional insureds on the
contractor's liability policy in lieu of a
separate policy)
Workers Compensation Statutory
General Liability $1,000,000.00 Combined Single Limit
(This may be on an "occurrence" or "claims made"
basis. If it is issued.on a "claims made" basis,
the policy shall provide for a non-cancellable
5 year extended reporting period.)
AutomObile Liability $1,000,000.00 Combined Single Limit per
Occurrence
"All Risk" insurance to the full insUrable value of the work.
8. To perform the work required by this agreement, CONTRACTOR must
possess a Contractor's license.
The parties have executed this agreement by the signatures of their
authorized representatives on the dates indicated.
GOVERNING BOARD
PANAMA-BUENA VISTA UNION
SCHOOL DISTRICT
By
~
Contractor's License Number
~ (Corporate Seal)
AGRRRKENT SECTION 00501
SECTION 00501A
PUBLIC CONTRACT CODE
The following Supplemental Conditions apply to school projects and
are in addition to the General Conditions, Section 00701. Items in
this Section modify the General Conditions and shall take
precedence thereover. Unaltered portions of the General Conditions
shall remain in effect.
Provisions of State cf California Public Contract Code statues,
Article 1.5, Sections 20104 - 20104.8, cited below, are hereby made a
part of this Contract.
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION cLAIMS [NEW]_
Section
20104. Application of article; inclusion of article in plans and
specifications.
20104.2 Claims; requirements.
20104.4 Procedures for civil actions filed to resolve claims.
20104.6 Payment by local agency of undisputed portion of claim;
inte=est on arbitration award or judgment.
20104.8 Duration of article; application of article to contracts
between Jan. 1, 1991 and Jan. 1, 1994.
Article 1.5 was added by Stats. 1990, c. 2414 (A.B. 4165), § 2
Repeal
Article 2.5 is repealed by § 20204.8 on Jan. l, 1994.
§20104. Application of article; inclusion of article in plans and
specifications
(a) (1) This article applies to all public works claims cf
three hundred seventy-five thousand dollars ($375,000)
or less which arise between a contractor and a local
'~ agency.
(2) This article shall not apply to any claims resulting
from a contract between a contractor and a public
agency when the public agency has elected to resol%'e
any disputes pursuant to Article 7.1 (commencing wi%h
Section 10240) of Chapter i of Part 2.
(b) (1) "Public work" has the same meaning as in Sections
and 3106 of the Civil Code, except that "public work"
does' not include any work or improvement contracted for
by the state or the Regents of the University cf
California.
(2) "Claim" means a separate demand by the contractor for
(A) a time extension, (B) payment of money or damages
arising from work done by or on behalf of the
contractor pursuant to the contract for a public wcrk
and payment of which is not otherwise express]?
provided for or the claimant is not otherwise entitled
to, or (C) an amount the payment of which is disputed
by the local agency.
PUBLIC CONTRACT CODE SECTION O0501A
SECTION00501A
PUBLIC CONTRACT CODE
(c) The provisions of t~is ~rticle or a summary thereof shall be
set forth in the plans or specifications for any work which
may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
(Added by Stats. 1991, c. 14~..~ '~.B.4165), § 2)
Historical and Statutory Notes
1990 Legislation
Former § 20104 was renumbered § 20103.5 and amended by Stats. 1990, c.
1414 (A.B.4165), 1.
§20104.2. Claims; requirements
For any claim subject to this article, the following requirements
apply:
Additions or changes are indicated by underlinel deletions by
asterisks.
~20104.2
'(a) The claim shall be in writing and include the documents
necessary to substantiate the claim, claims must be filed
on or before the date of final payment. Nothing in this
subdivision is intended to extend the time limit or
supersede notice requirements otherwise provided by contract
for the filing of claims.-
(b) (1) For claims of less than fifty thousand dollars
($50,000), the local agency shall respond in writing to
any written claim within 45 days of receipt of the
claim, or may request, in writing, within 30 days of
receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims
the local agency may have against the claimant.
(2) If additional information is thereafter required, to
shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency
and the claimant.
(3) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant
within 15 days after receipt of the further
documentation or within a period of time no greater
than that taken by the claimant in producing the
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and
less than or equal to three hundred seventy-five
thousand dollars ($375,000), the local agency shall
respond in writing to all written claims within 60 days
of receipt of the claim, or may request in writing,
within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to
defenses or claims the local agency may have against
the claimant.
PUBLIC CONTRACT CODE SECTION 00501A 2
SECTION 00501A
PUBLIC CONTRACT CODE
(2) If additional information is thereafter required, it
shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency
~ and the claimant.
($) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant
within 30 days after receipt of the further
documentation, or within a period of time no greater
than that taken by the claimant in producing the
additional information or requested documentation,
· whichever is greater.
(d) If the claimant disputes the local agency's written
response, or the local agency fails to respond within the
time prescribed, the claimant may so notify the local
agency', in writing, either within 15 days of receipt of the
· local agency's response or within 15 days of the local
agency's'' failure to respond within the time 'prescribed,
respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a
demand, the local agency shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
~ (e) If following the meet and confer conference the claim or any
portion remains in dispute, the claimant may file a claim
pursuant to Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of
Division 8.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of
· time within which a claim must be filed shall be tolled from
the time the claimant submits his or her written claim
pursuant to subdivision (a) until the time the claim is
denied, including any period of time utilized by the meet
and confer conference.
(Added by Stats. 1990, c. 1414 (A.B.4165), § 2.)
§ 20104.4 Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions
filed to.resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the
matter to nonbinding mediation unless waived by mutual
stipulation of both parties. The mediation process shall
provide for the selection within 15 days by both parties of
· a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded
within 15 days from the commencement of the mediation unless
a time requirement is extended upon a good cause showing to
the court.
(b) (1) If the matter remains in dispute, the case shall be
· submitted to judicial arbitration pursuant to Chapter
2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure,. Dotwithstanding
Section 1!41.!1 of that code. The Civil Discovery Act
PUBLIC CONTRACT CODE SECTION 00501A
3
" SECTION 00501
PUBLIC CONTRACT CODE
of !988 (Article 3 (commencing with Section 20i6) of
chapter 3 of Title $ of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under
this subdivision consistent with the rules pertainin~
to judicial arbitration. -
(2) In addition to chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part $ of the Code of Civil
Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party
appealing an arbitration award who does not obtain a
more favorable judgment shall in addition to payment of
costs and fees under that chapter, also pay the
attorney's fees on appeal of the other party.
(Added by Stats. 1990, c. 1414 (A.B.4165), § 2.)
§20104.6 Payment by local agency of undisputed portion of claim;
interest oD arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion of
a claim which is undisputed except as otherwise provided in
the contract.
(b) In any suit filed under Section 20104.4, the local agency
shall pay interest at the legal rate on any arbitration
award or judgment. The interest shall begin to accrue on
the date the suite is filed in a court of law.
(Added by Stats. 1990,. c. 1414 (A.B.4165), ~2.)
§20104.8 Duration of article; application of article to contracts
between Jan. 1, 1991 and Jan. 1, 1994
(a) This article shall remain in effect only until January 1,
1994, and as of that date is repealed, unless a later
enacted statute, which is enacted before January 1, 1994,
deletes or extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract
entered into between January 1, 1991, and January 1, 1994,
which~ is subject to this article shall incorporate this
article. To that end, these contracts shall be subject to
this article even if this article is repealed pursuant to
subdivision (a).
(Added by Stats. 1990, c. 1414 (A.B.4165), § 2.)
PUBLIC CONTRACT CODE SECTION 00501A
SECTION 00611
PmtFo cE BON
BE ADVISED THAT:
The Panama-Buena Vista Union School District of Kern County,
California ("District") has awarded to as Principal ("Principal") the
contract for the work described as follows:
IN-TANK LEAK DETECTION, INTERSTITAL LEAK SENSING AND VAPOR SENSING
SYSPTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT BUS GARAGE
FACILITY
The Principal is required to furnish a bond in connection with the
contract guaranteeing faithful performance;
We the undersigned Principal and Surety are held and firmly bound to
the District in the sum of , to be paid to the District; for which
payment we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by this Bond.
The condition of this bond is this: that if the Principal, its heirs,
executors, administrators, successors, or assigns, well and truly
perform the covenants, conditions, and agreements in the contract and
any alterations made as provided in it, at the time and in the manner
specified, and indemnifies and holds harmless the District, its
officers, and agents, as stipulated in the contract, then this
obligation shall become null and void; otherwise it shall remain in
full force and effect.
The surety, for value received, stipulates and agrees 'that no change,
extension of time, alteration, or addition to the terms of the
contract or the work to be performed or the specifications shall in
any way affect its obligation on this bond, and it waives notice of
any change, extension of time, alteration, or addition to the terms of
the contract, the work, or the specifications.
AS WITNESSES, we have affixed our signatures and seals this day
of , 19
PRINCIPAL
(Principal Seal) ..
By
Title
SURETY
(Surety Seal)
By.
Title
Name, Address & Telephone No.
of California Agent of Surety
SECTION 0O621
PAYMENT BOND FOR PUBLIC WORKS
· BE ADVISED THAT:
The PANAMA-BUENA VISTA UNION SCHOOL DISTRICT of Kern County,
California .("DISTRICT") by appropriate action, has awarded to as
Principal ("PRINCIPAL") the contract for the work described as
follows:
· IN-TANK LEAK DETECTION, INTERSTITAL LEAK SENSING AND VAPOR SENSING
SYSPTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT BUS GARAGE
FACILITY
The Principal is required by Chapter 7 (commencing at Section 3247) of
the California Civil Code to furnish a bond in connection with the
contract;
THEREFORE, we, the PRINCIPAL and
as Surety, are held and firmly bound unto the DISTRICT in the penal
sum of $ , lawful money of the United States of America
· for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by this bond.
The condition of this obligation is that if the PRINCIPAL, his or its
subcontractors, heirs, executors, administrators, successors, or
assigns, shall fail to pay any of the persons named in Section 3181 of
the California Civil Code, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the
contract, or for any amounts required to be deducted, withheld, and
paid over to the Franchise Tax Board from the wages of employees of
the contractor and his subcontractors pursuant to Section 18806 of the
· California Revenue and Taxation Code, with respect to their work and
labor, the surety or sureties will pay for them, in an amount not
exceeding the sum specified above, and also, in case suit is brought
upon this bond, all litigation expenses incurred by the DISTRICT,
including reasonable attorneys' fees, court costs, expert witness
fees, and investigation expenses.
This bond shall inure to the benefit of any of the persons named in
Section 3181 of the California Civil Code, so as to give a right of
action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall
not be exonerated or released from the obligation of this bond by any
change, ex'tension of time for performance, addition, alteration or
modification in, to, or of any contract, plans, specifications, or
agreement pertaining or relating to any scheme or work of improvement
described above or pertaining or relating to the furnishing of labor,
materials, or equipment for it, nor by any change or modification of
any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement described
·
PAYMENT BOND 00621 '~
SECTION 00621
above, nor by any rescission or attempted rescission of the contract,
agreement or bond, nor by any conditions precedent or subsequent in
the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under the contract or agreement or under
the bond, nor by any fraud practiced by any person other than the
claimant seeking to recover on the bond and that this bond shall be
construed most strongly against-the Surety and in favor of all persons
for whose benefit it is given, and under no circumstances shall Surety
be released from liability to those for whose benefit the bond has
been given, by reason of any breach of contract between the owner or
DISTRICT and original contractor or on the part of any obligee named
in the bond, but the sole conditions of recovery shall be that
claimant is a person described in Section 3181 of the California Civil
Code, and has not been paid the full amount of his claim and that
Surety waives notice of any change, extension of time, addition,
alteration, or modification mentioned above.
Any claim under this bond may be addressed to:
(Name, Address & Telephone Number
of Surety)
(Name, Address & Telephone Number
of Agent or Representative)
AS WITNESSES, we have affixed our signatures and seals this
day of , 19 .
(Principal Seal) PRINCIPAL ·
By:
Title:
(Surety Seal) SURETY ·
By:
Title:
·
PAYMENT BOND 00621 2
Si~C'I'ION 00625
JOB ChASSIFICATION
The following Supplemental Conditions apply to school projects and are
in addition to the General Conditions, Section 00701. Items in this
Section modify the General Conditions and shall take precedence
thereover. Unaltered portions of the General Conditions shall remain'in
effect.
1.01 The successful General Contractor shall submit a list of
trades to be employed on this project for purposes of
compliance with wage posting requirements. This list shall be
delivered to the Architect with the executed Agreements, Bonds
and insurance Certificates.
1.02 if other trades are subsequently required, notice must be
given to the District one week prior to the start of their
work so that wage rates for these trades might be posted.
END OF' SECTION
3/18/91
·
· JOB CI, ASSIFIi~ATION SI~CTION 00625
SECTION 00630
SUBSTITUTION WARRANTY
In addition to other requirements, Contractor shall warrant in writing
that substituted materials shall perform as specified, and assume
complete responsibility for same, including responsiblity and costs
requried for modifications to building or other materials or
equipment, and any additional coordination with work of other trades.
Testing, if required, shall be paid by Contractor. The following is an
example of the t~pe of Substitution warranty which shall be executed
by the Contractor, on his own letterhead.
SUBSTITUTION WARRANTY
We propose to provide
(Describe items being proposed for substitution)
$
for in lieu of and as
(List project name)
an equivalent to
(Describe specified product)
as indicated on the drawings and described in Section
of the Specific ations.
We agree to assume the cost of any modifications to other portions of
the work as necessary to accommodate our material (s) and system(s).
·
We hereby warrant that
(Provide description)
is the equivalent of
(Specified product)
in every respect and will perform satisfactorily under the conditions
and use indicated on the Drawings and described in the Specifications
Signed: Date
(Manufacturer/Supplier/Other)
Signed: Date
(Subcontractor)
Signed: Date
(Contractor)
NOTE: Affix Corporate Seal over Signatures.
·
SUBSTITUTION WARRANTY SECTION 00630
SECTION 00661
CONTRACTOR*S CERTIFICATE REGARDING WORKERS COMPENSATION
Labor Code Section 3700 provides:
"Every employer except the State and all political subdivisions
or institutions thereof, shall secure the payment of compensation
in one or more of the following ways:
"(a) By being insured against liability to pay compensation in
one or more insurers duly authorized to write compensation
insurance in this State.
"(b) By securing from the Director of Industrial Relations a
certificate of consent to self-insure, which may be given
upon furnishing proof satisfactory to the Director of
Industrial Relations of ability to self-insure and to pay
any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for Workers
Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with those provisions
before commencing the performance of the work of this contract.
CONTRACTOR
By
Title
(In accordance with Article 5 [commencing at Section 1860], Chapter 1,
Part 7, Division 2 of the Labor Code, this certificate must be signed
and filed with the awarding body prior to performing any work under
this contract.)
.
REGARDING WORKERS COMPENSATION SECTION 00661
SECTION 00662
ASBESTOS CERTIFICATION
PART I PRODUCTS OR HATERIALS
a. The General Contractor agrees that asbestos-containing
products or materiams will not be used or substituted in
performing the work of this project.
b. At the completion of the work of this project, the
General Contractor will certify in writing to the Owner
that to the best of the General Contractor's knowledge,
no asbestos-containing products or materials were used or
substituted in ~erforming work of this project.
END OF SECTION
ASBESTOS CERTIFICATION SECTION 00662
CONTRACTOR'S CERTIFICATE REGARDING USE OF ASBESTOS CONTAINING
MATERIALS
Date
To: Panama-Buena Vista Union School District
IN-TANK LEAK DETECTION, INTERSTITAL LEAK SENSING AND VAPOR
SENSING SYSPTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BUS GARAGE FACILITY
Project
The undersigned hereby certifies that no asbestos-containing
products or materials were used in the construction of the above
project.
Contractor
By.
Title
·
SECTION 00701
~~ COI~DITIONS
TABLE OF CONTENTS
ARTICLE PAGE
I DEFINITIONS ............................................
2. DRAWINGS AND SPECIFICATIONS .............................
3. COPIES FURNISHED ........................................ 4
4. OWNERSHIP OF DRAWINGS ................................... 4
5. DETAIL DRAWINGS AND SPECIFICATIONS ...................... 5
6. EXTENSION OF TIME ....................................... 5
7. PROGRESS SCHEDULE ....................................... 5
8. PERFORMANCE/PAYMENT BONDS ............................... 5
9. ASSIGNMENT ................. ............................. 6
10. CLAIMS FOR DAMAGES ...................................... 6
11. SEPARATE CONTRACTS ...................................... 6
12. SUBCONTRACTING .......................................... 7
15. DISTRICT'S RIGHT TO TERMINATE CONTRACT .................. 8
14. GUARANTEE ............................................... 9
15. NOTICE AND SERVICE ..................................... 10
16. WORKERS ................................................ 10
17. WAGE RATES ............................................. 11
18. APPRENTICES ............................................ 12
19. HOURS OF WORK ..........................................
20. WORKERS' COMPENSATION INSURANCE ........................ 13
21. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ......... 13
22. PROPERTY INSURANCE ..................................... 13
23. PROOF OF INSURANCE ..................................... 14
24. LAWS AND REGULATIONS ................................... 14
25. PERMITS AND LICENSES ................................... 14
26. SURVEYS ......... ~ ....................................... 15
27. EXCISE TAXES ........................................... 15
28. INDEMNIFICATION ........................................ 15
29. MATERIALS .............................................. 15
30. SUBSTITUTIONS .......................................... 16
31. SHOP DRAWINGS .......................................... 17
32. SAMPLES ................................................ 18
35. COST BREAKDOWN AND PERIODICAL ESTIMATES ............ · .... 18
34. PAYMENTS ............................................... 19
35. PAYMENTS WITHHELD ...................................... 19
36. CHANGES AND EXTRA WORK ................................. 20
37. DEDUCTIONS FOR UNCORRECTED WORK ........................ 22
38. PAYMENTS BY CONTRACTOR ....................... · .......... 22
39. CONTRACTOR'S SUPERVISION ............................... 22
40. DOCUMENTS ON WORK ...................................... 23
41. UTILITIES .............................................. 23
42. SANITARY FACILITIES .................................... 23
43. PROTECTION OF WORK AND PROPERTY ........................ 24
44. LAYOUT AND FIELD ENGINEERING ........................... 25
45. CUTTING AND PATCHING ................................... 25
·
k GENERAL CONDITIONS SECTION 00701
46. CLEANING UP ............................................ 26
47. CORRECTION OF WORK BEFORE FINAL PAYMENT ................ 26 ·
48. ACCESS TO WORK ......................................... 27
49. OCCUPANCY .............................................. 27
50. DISTRICT'S INSPECTOR ................................... 27
51. TESTS AND INSPECTIONS ........ ~ ......................... 28
52. SOILS INVESTIGATION REPORT ..~ ........................... 29
53. ARCHITECT'S STATUS ..................................... 29 ~
54. PROVISIONS REQUIRED BY LAW DEEMED INSERTED ............. 29
55..~ UTILITIES: REMOVAL, RESTORATION ....................... 29
56. NONDISCRIMINATION ...................................... 30
57. USE OF ASBESTOS MATERIALS/PRODUCTS ..................... 30
58. SUBSTITUTION OF SECURITIES ............................. 31
59. CONTRACT CLOSEOUT ...................................... 31 ~
·
SECTION 00701
GENERAL CONDITIONS
· ARTICLE 1. DEFINITIONS
a. Action of the governing board is a vote of a majority
of the membership in a lawful meeting.
b. ADDroval means written authorization by Architect or
District for specific applications within the Contract.
c. As shown, as indicated, .as detailed refer to drawings
accompanying the specifications.
d. Contract, contract documents include all contract
documents, including: Notice to Contractors Calling
for Bids, Information for Bidders, Bid Form,
Designation of Subcontractors, Certificate Regarding
Workers' Compensation, Performance Bond, Payment Bond,
Insurance Policies, General Conditions, Supplementary
General Conditions, if any, Drawings, Plans,
Specifications, the Agreement, and all modifications,
addenda, and amendments.
e. ~ontractor, District, or Owner are those mentioned as
· such in the Agreement ("CONTRACTOR," "DISTRICT").
"Owner" means "DISTRICT". Throughout the contract
documents they are treated as if they are of singular
number and neuter gender.
f. Locality in which the work is performed means the
county in which the public work is performed.
· g. Project is the undertaking planned by DISTRICT and
CONTRACTOR as provided in the contract documents.
h. Provide includes "provide complete in place," that is,
"furnish and install."
i. Safety orders include those issued by the Division of
Industrial Safety and OSHA Safety and Health Standards
for Construction.
j. Subcontractor includes those having a direct contract
with the CONTRACTOR and those who furnish material
worked to a special design according to plans,
drawings, and specifications of this work, but does not
include those who merely furnish material not so
worked.
k. Surety is the firm, or corporation executing the
CONTRACTOR'S Performance Bond and Payment Bond as
surety.
1. Work of the CONTRACTOR or subcontractor includes labor
or materials (including without .limitation, equipment
and appliances) or both, incorporated in, or to be
incorporated in the 'construction covered by the
complete Contract.
ARTICLE 2. DRAWINGS AND SPECIFICATIONS
· a. The contract documents are complementary, and what is
required by one shall be as binding as if required by
SECTION 00701
all. The contract is intended to include all labor and
materials, equipment, and transportation necessary for
the proper execution of the work. Except as otherwise
expressly provided in these "Seneral Conditions"
materials or work described in words which have a well
known technical or trade meaning Shall be deemed to
refer to those recognized standards.
b. Interpretations. Figured dimensions on drawings shall
govern, but work not dimensioned shall be as directed.
Work not particularly shown or specified shall be the
same as similar parts that are shown or specified.
Large scale details as to shape and details of
construction shall take precedence over smaller scale
drawings. Specifications shall govern as to materials,
workmanship, and installation procedures. Drawings and
specifications are intended to be fully cooperative and
to agree. However, if CONTRACTOR observes that the
drawings and specifications are in conflict, CONTRACTOR
shall promptly notify the Architect in writing. The
specification calling for any higher quality material
or workmanship shall prevail.
Questions regarding interpretation of drawings and
specifications shall be clarified h¥ the Architect.
Should' the CONTRACTOR commence work on any part without
seeking clarification, CONTRACTOR waives any claim for
extra work or damages as a result of any ambiguity,
conflict, or lack of information.
c. Execution of the contract by the CONTRACTOR is a
representation that the CONTRACTOR has visited the
site, become familiar with local conditions under which
the.work is to be performed, and correlated personal
observations with requirements of the contract
documents.
d. Organization of the specifications into divisions,
sections, and articles, and arrangement of drawings
shall not control the CONTRACTOR in dividing the work
among subcontractors or in establishing the extent of
-. work to be performed by any trade.
ARTICLE 3. COPIES FURNISHED
CONTRACTOR will be furnished 10 copies of the drawings
and specifications free of charge. Additional copies
may be obtained for the cost of reproduction.
ARTICLE 4. OWNERSHIP OF DRAWINGS
All drawings, specifications, and other contract
documents, and copies furnished by DISTRICT, are the
property of DISTRICT. They shall not be used by anyone
'- other than DISTRICT in any other work, and with the
·
SECTION 00701
" exception of signed contract sets, are to be returned
to DISTRICT upon completion of the project.
· ARTICLE 5. DETAIL DRAWINGS AND SPECIFICATIONS
a. In case of ambiguity, conflict, or lack of information,
Architect shall furnish additional instructions or
drawings, as the case may be, with reasonable
promptness. All those drawings and instructions shall
be consistent with this contract.
b. Work shall be executed in conformity with those
drawings and specifications, and CONTRACTOR shall do no
work without proper drawings and instructions.
ARTICLE 6. EXTENSION OF TIME
Liquidated damages shall not be imposed because of any
delays in completion of work due to unforeseeable
causes beyond the control and without the fault or
negligence of CONTRACTOR, including but not limited to:
acts of God, acts of government, acts of DISTRICT or
· anyone employed by it, or acts of another contractor
engaged in the performance of a contract for DISTRICT,
fires, floods, epidemics, quarantine restrictions,
strikes, unusually severe weather, or delays of
subcontractor due to those causes. Within 10 days of
the beginning of any delay (unless DISTRICT grants in
writing a further period of time to file notice prior
to date of final settlement of the contract),
CONTRACTOR shall notify DISTRICT in writing of the
causes for the delay. DISTRICT shall then ascertain
the facts and extent of the delay and may, in its sole
discretion, grant an extension of time for completing
the work. The DISTRICT'S findings of fact regarding
any delay shall be final and conclusive, and binding on
both parties.
ARTICLE 7o PROGRESS SCHEDULE
Immediately after being awarded the contract,
CONTRACTOR shall prepare an estimate progress schedule
and submit it within 7 calendar days ~to the DISTRICT
through the Architect for review. The schedule shall
indicate the beginning and completion dates of all
phases of construction.
ARTICLE 8. PERFORMANCE/PAYMENT BOND
Unless otherwise specified.in any Special Conditions,
CONTRACTOR shall furnish a performance bond in an
amount equal to'100 percent of the contract price and a
· payment bond in an amount equal to 100 percent of the
S~TION 0070!
contract price. All bonds for projects over
$5,000,000.00 shall be provided by a corporate surety
authorized to transact business in California and rated
A or A+ in the current Best's Key Rating Guide. Bonds
for projects under $5,000,000.00 may be accomponied by
sureties that are "Treasury listed and reinsured by a
legally admitted reinsurer in the state of California".
Personal sureties and unregistered sureties are
unacceptable.
ARTICLE 9. ASSIGNMENT
CONTRACTOR shall not assign all or any part of this
contract without the prior written consent of DISTRICT.
Any assignment of money due or to become due under this
contract shall be subject to a prior mien for services
rendered or materials supplied to perform the work
required by this contract.
ARTICLE 10. CLAIMS FOR DAMAGES
If CONTRACTOR claims compensation for any damage
allegedly sustained by reason of any acts of DISTRICT
or its agents, CONTRACTOR shall submit to the Architect
a written statement of the damage sustained within five
days after sustaining the damage. On or before the
15th day of the month after the month in which the
damage was sustained, CONTRACTOR shall file with
DISTRICT an itemized statement indicating the factual
basis in support of its claim and the amount of damage.
If CONTRACTOR fails to comply with the provisions of
this Article concerning the submission of a statement,
its claim for compensation shall be forfeited and
invalidated and it shall not be entitled to
consideration for payment on account of any damage.
ARTICLE 11. SEPARATE CONTRACTS
a. DISTRICT reserves the right to let other contracts in
connection with this work. CONTRACTOR shall afford
other contractors reasonable opportunity for
introduction and storage of their materials and
execution of their work, and shall coordinate its work
with those other contractors.
'b. If any par% of CONTRACTOR'S work depends upon work of
any other contractor for proper execution or results,
CONTRACTOR shall inspect and promptly report in writing
to Architect any defects in the work that render it
unsuitable for proper execution or results.
CONTRACTOR'S failure to inspect and report shall
constitute its acceptance of any other contractor's
work as fit and proper for reception of its work except
·
SECTION 00701
as to defects which may develop in another contractor's
work after execution of this work.
c. To ensure proper execution of CONTRACTOR'S subsequent
work, CONTRACTOR shall measure and inspect work already
in place and shall report in writing to the Architect
any discrepancy between executed work and this
contract.
d. CONTRACTOR shall ascertain to CONTRACTOR'S satisfaction
· the scope of the project and nature of any other
contracts that have been or may be awarded by DISTRICT
in connection with the project, in order that
CONTRACTOR may perform this contract in the light of
any other contracts. Nothing contained in this
contract shall be interpreted as granting to CONTRACTOR
exclusive occupancy of the project site. CONTRACTOR
shall not cause any unnecessary hindrance or delay to
any other contractor working on the project. If
simultaneous execution of any contract for the project
is likely to cause interference with.performance of
some other contract or contracts, DISTRICT shall decide
· which contractor shall cease work temporarily and which
contractor shall continue or whether work can be
coordinated so that the contractors may proceed
simultaneously. DISTRICT shall not be responsible for
any damage suffered or extra costs incurred by
CONTRACTOR resulting directly or indirectly from the
award or performance or attempted performance of any
other contract or contracts on the project, or caused
by any decision or omission of DISTRICT regarding the
order in performing the contracts.
ARTICLE 12. SUBCONTRACTING
a. CONTRACTOR agrees to bind every subcontractor by the
terms of this contract as far as the terms are
applicable to the subcontractor's work. If CONTRACTOR
subcontracts any part of this contract, CONTRACTOR
shall be responsible to DISTRICT for any acts and
omissions of its subcontractors and of persons either
directly or indirectly employed by its subcontractors.
Nothing contained in this contract shall create any
contractual relationship between any subcontractor and
DISTRICT.
b. DISTRICT'S consent to or approval of any subcontractor
· under this contract shall not in any way relieve
CONTRACTOR of its obligations under this contract, and
no such consent or approval shall be deemed to waive
any provision of this contract.
c. The submission or addition of subcontractors shall be
permitted only as authorized by Public Contract Code
· Sections 4100, et seq.
SECTION 00701
d. All subcontractors shall be appropriately licensed to
perform the work for which employed in conformity with
the laws of the State of California.
e. The Contractor shall submit to the Architect a complete
list of subcontractor's names, addresses and phone
numbers at commencement of work. This list must be
submitted in quadruplicate.
ARTICLE 13. DISTRICT'S RIGHT TO TERMINATE CONTRACT
a. If CONTRACTOR refuses or fails to pursue the work, or
any pal-t, with sufficient diligence to ensure its
completion within the time specified, or any extension,
or fails to compete the work within the time required,
or if CONTRACTOR should be adjudged a bankrupt, or if
it should make a general assignment for the benefit of
its creditors, or if a receiver should be appointed on
account of its insolvency, or if CONTRACTOR should
persistently or repeatedly refuse or fail to supply
enough properly skilled workers or proper materials to
complete the work in the time specified, except in
cases for which extension of time is provided, or if
CONTRACTOR should fail to make prompt payment to
subcontractors or for material or labor, or
persistently disregard laws, ordinances, or
instructions of DISTRICT, or if CONTRACTOR or its
subcontractors should violate any of the provisions of
this contract, DISTRICT may serve written notice of its
intention to terminate this contract upon CONTRACTOR
and its surety, without prejudice to any other right or
remedy. The notice shall contain the reasons for
termination. Unless the condition or violation ceases
and arrangements satisfactory to DISTRICT for
correction are made within 10 days after the service of
the notice, this contract shall terminate upon the
expiration of 10 days. In that case, CONTRACTOR shall
not be entitled to receive any further payment until
%he work is completed. In the event of termination,
DISTRICT shall immediately serve written notice upon
surety and CONTRACTOR, and surety shall have the right
to take over and perform this contract, provided,
:however, that if within seven days after service upon
surety .of the notice of termination, surety does not
give DISTRICT written notice of its intention to take
over and perform this contract, or does not commence
performance within 15 days after the date of service of
the notice of termination by DISTRICT on surety,
DISTRICT may take over and complete the work by
contract or by any other method it deems advisable.
CONTRACTOR and its surety shall be liable to DISTRICT
for any excess cost or other damages incurred by
'DISTRICT. If DISTRICT takes over the work, as provided
·
SECTION 00701
above, DISTRICT may take possession of and utilize in
completing the work any materials, appliances,
equipment, and other property belonging to the
CONTRACTOR on the work site necessary for completion
of the project without liability.
b. If the unpaid balance of the contract price exceeds the
expense of finishing the work, including without
limitation compensation for additional
architectural, managerial, inspection and
administrative services, the excess shall be paid to
CONTRACTOR. If the expense exceeds the unpaid balan
ce, CONTRACTOR shall pay the difference to DISTRICT.
Any expenses incurred by DISTRICT, and any damage
incurred through CONTRACTOR'S default, shall be
certified by the Architect.
c. These provisions are in addition to and not a
limitation on any other rights or remedies available to
the DISTRICT.
ARTICLE 14. GUARANTEE
a. In addition to any other guarantees provided in this
contract, CONTRACTOR shall guarantee all work for a
period of one year after the date of acceptance of the
work by DISTRICT. CONTRACTOR shall repair or replace
any work which may prove defective in workmanship
and/or materials, together with any other work which
may be displaced in so doing, within one year from the
date of acceptance without any expense to DISTRICT,
ordinary wear and tear, unusual abuse, or neglect
excepted. DISTRICT shall give notice of observed
defects with reasonable promptness. CONTRACTOR shall
notify DISTRICT upon completion of repairs.
b. In the event CONTRACTOR fails to commence and pursue
with diligence any replacements or repairs within one
week after being notified in writing, DISTRICT is
authorized to 'proceed to have any defects repaired at
the expense of CONTRACTOR and CONTRACTOR agrees to pay
the costs and charges immediately on demand.
c. If defective work creates a dangerous condition, in the
opinion of the DISTRICT, or requires immediate
correction or attention to prevent further loss to
DISTRICT or to prevent interruption of operations of
DISTRICT, DISTRICT shall attempt to give the notice
required by this article. If CONTRACTOR cannot be
contacted or does not comply with the DISTRICT'S
request for correction within a reasonable time, as
determined by DISTRICT, without regard to the
provisions of this article DISTRICT may proceed to make
the correction or provide the attention, and the costs
of correction or attention shall be charged against
· CONTRACTOR. Any action by DISTRICT shall not relieve
SECTION 00701
the CONTRACTOR of the guarantees provided in this
article or elsewhere in this contract.
d. This article does not in any way limit the guarantee on
any items for which a longer guarantee is specified, or
any items for which a manufacturer gives a guarantee
for a longer period. CONTRACTOR shall furnish DISTRICT
with all appropriate guarantee or warranty certificates
upon completion of the project.
ARTICLE 15 NOTICE AND SERVICE
Any notice from one party to the other under this
contract shall be in writing and shall be dated and
signed by the party giving the notice or by a duly
authorized representative of the party. Any notice
shall not be effective for any purpose unless served in
one of the following ways:
1. If notice is given to DISTRICT, it shall be given
by personal delivery to Architect or DISTRICT, or
by depositing it in the United States mail,
enclosed in a sealed envelope addressed to
DISTRICT for attention of the Architect, postage
prepaid and registered;
2. If notice is given to CONTRACTOR, it shall be
given by personal delivery to CONTRACTOR or to
CONTRACTOR'S Superintendent at the project site,
" or by depositing it in the United States mail,
enclosed in a sealed envelope addressed to
CONTRACTOR at CONTRACTOR'S regular place of
business, or at any other address which may have
been established for the conduct of work under
this contract, postage prepaid and registered;
3. If notice is given to the surety or other person,
it shall be given by personal delivery to the
surety or other person, or by depositing it in the
United States mail, enclosed in a sealed envelope,
addressed to the surety or person at its address,
postage prepaid and registered.
ARTICLE 16 WORKERS
ao At all times, CONTRACTOR shall enforce strict
discipline and good order among its employees and shall
not employ any unfit person or anyone not skilled in
the work assigned.
b. Any person in the employ of the CONTRACTOR deemed by
DISTRICT to be incompetent or unfit shall be dismissed
from work and shall not be reemployed on the project
except with the written consent of DISTRICT.
·
SECTION 00701
ARTICLE 17 WAGE RATES
a. Pursuant to the provisions of Article 2 (commencing at
Section 1770), Chapter 1, Part 7, Division 2 of the
Labor Code of California, the governing body of the
DISTRICT has ascertained the general prevailing rate of
per diem wages for each craft, classification, or type
of worker needed to execute the contract in the
· locality in which this public work is to be performed.
The general prevailing rates of per. diem wages are
available at the DISTRICT office. In the event that
the listed or posted rates are in error, CONTRACTOR is
responsible to pay those rates determined to be
aDplicable by the Director of Industrial Relations, and
DISTRICT shall not be responsible for any damages
arising from the error.
b. When permitted by law, holiday and overtime work shall
be paid at a rate of at least one and one-half times
the specified rate of per diem wages, unless otherwise
specified.
c. Each worker of the CONTRACTOR and any of its
subcontractors engaged in work on the project shall be
paid not less than the prevailing wage rate, regardless
of any contractual relationship which may be alleged to
exist between the CONTRACTOR or any subcontractor and
such workers.
d. Each worker needed to execute the work on the project
shall be paid travel and subsistence payments, as
defined in the applicable collective bargaining
agreements filed with the Department of Industrial
Relations, in accordance with Labor Code Section
1773.8.
e. As a penalty, the CONTRACTOR shall forfeit not more
than $50 for each calendar day any worker is paid less
than the established prevailing wage'rates for the work
or craft in which the worker is employed by CONTRACTOR
on the project. The difference between the established
prevailing wage rates and the amount paid .to each
worker for each whole or partial calendar day for which
each worker was paid less than the established
prevailing wage rates, shall be paid to each worker by
the CONTRACTOR.
f. Any worker employed to perform work on the project
which is not covered by any classification available in
the DISTRICT office, shall be paid not less than the
minimum rate of wages specified for the classification
which most nearly corresponds with work to be performed
by him, and that minimum wage rate shall be retroactive
to the time of initial employment of the person in the
classification
SECTION 00701
g. Pursuant to Labor Code Section 1775.1, per diem wages
are deemed to include employer payments for health and
welfare, pension, vacation, and similar purposes.
h. CONTRACTOR and each subcontractor shall keep or cause
to be kept accurate payroll records showing the name,
address, social security number, work classification,
straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee
employed by CONTRACTOR and/or each subcontractor in
connection with this public work. All payroll records
shall be made available for inspection as provided by
Labor Code Section 1776. It is the responsibility of
CONTRACTOR to comply with all the provisions of Labor
Code Section 1776.
i. At appropriate conspicuous points on the site of the
project, CONTRACTOR shall post a schedule showing all
determined minimum wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
ARTICLE 18 APPRENTICES
Apprentices of any crafts or trades may be employed,
and when required by Labor Code Section 1777.5 shall be
employed, provided they are properly indentured to the
CONTRACTOR in full compliance with provisions of the
Labor Code. CONTRACTOR agrees that it will comply with
the provisions of Labor Code section 1777.5.
ARTICLE 19 HOURS OF WORK
a. As provided in Article 3 (commencing at Section 1810),
Chapter 1,. Part 7, Division 2 of the Labor Code, eight
hours of labor shall constitute a legal day of work.
The time of service of any worker employed at any time
by the CONTRACTOR, or by 'any subcontractor on any
. .~ subcontract under this contract, upon the work or upon
any part of the work contemplated by this contract, is
limited and restricted to eight hours per day and forty
hours during any one week. Upon completion of all
hours worked in excess of eight hours per day, work
shall be permitted upon this project at not less than
one.and one-half times the basic rate of pay.
b. As a penalty, the CONTRACTOR shall pay $25 for each
worker employed by CONTRACTOR or by any subcontractor
in the performance of this contract for each calendar
day during which the worker is required or permitted to
work more than eight hours in any calendar day and 40
hours in any one calendar week in violation of the
provisions of Article $ (commencing at Section 1810),
Chapter 1, Part 7, Division 2 of the Labor Code.
SECTION 00701
c. Any work performed after regular working hours or on
Sundays or other holidays shall be performed without
additional expense to DISTRICT.
ARTICLE 20. WORKERS' COMPENSATION INSURANCE
During the term of this contract, CONTRACTOR shall
provide workers' compensation insurance for all of
CONTRACTOR'S employees engaged in work under this
contract on or at the site of the project, and in case
any of CONTRACTOR'S work is sublet, CONTRACTOR shall
require the subcontractor to provide workers'
compensation insurance for all of subcontractor's
employees. Any class of employee or employees not
covered by a subcontractor's insurance shall be covered
by the CONTRACTOR'S insurance. In case any class of
employees engaged in work'under this contract on or at
the site of the project is not protected under the
Workers' Compensation laws, CONTRACTOR shall provide or
cause a subcontractor to provide adequate insurance
coverage for 'the protection of those employees not
otherwise protected. CONTRACTOR shall file with the
DISTRICT certificates of insurance.
ARTICLE 21 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
a. During the term of this contract, CONTRACTOR shall
secure and maintain public liability and property
damage insurance, in amounts provided in the Agreement,
to protect CONTRACTOR, the DISTRICT and its officers,
agents, and employees, and the Architect and his
officers, agents and employees from all claims for
personal injury, including accidental death, as well as
from all claims for property damage arising out of
CONTRACTOR'S performance of this contract.
b. CONTRACTOR shall require that any subcontractors secure
and maintain similar public liability and property
damage insurance in appropriate amounts.
ARTICLE 22. PROPERTY INSURANCE
CONTRACTOR shall purchase and maintain and cause to be
maintained "all risk" property insurance on all work
subject to loss or damage by fire. The amount of
· property insurance shall be sufficient to protect
against loss or damage in full until the work is
accepted by DISTRICT.
ARTICLE 23. PROOF OF INSURANCE
· CONTRACTOR shall not commence work or allow any
subcontractor to commence work under this contract
SECTION 00701
until CONTRACTOR has obtained all required insurance
and certificates which shall be delivered, in seven (7)
copies, to and approved by the Architect. DISTRICT and
its officers, agents, and employees and the Architect
and his officers, agents and employees shall be named
as additional insureds in all insurance polices. If
the CONTRACTOR'S insurance company refuses to add the
DISTRICT and the Architect as additional insureds, a
separate Owner's Protective Insurance policy covering
the DISTRICT and the Architect shall be required.
1. Certificate and insurance policies shall include the
following clauE
CONTRACTOR shall not commence work or allow
any subcontractor to commence work under this
contract until CONTRACTOR has obtained all
required insurance and certificates which
shall be delivered, in seven (7) copies, to
and approved by the Architect. DISTRICT and
its. officers, agents, and employees and the
Architect and his officers, agents and
employees shall be named as additional
insureds in all insurance polices. If the
CONTRACTOR'S insurance company refuses to add
the DISTRICT and the Architect as additional
insureds, a separate Owner's Protective
Insurance policy covering the DISTRICT and
the Architect shall be required.
2. Certificate and insurance policies shall include the
following clause:
"This policy shall not be cancelled
or reduced in required limits of liability or
amounts of insurance until notice stating date of
cancellation or reduction has been mailed to
DISTRICT. Date of cancellation or reduction may
not be less than 30 days after the date of mailing
the notice."
S. Certificates of insurance Shall state those
.insured, extent of insurance, location and
operation to which the insurance applies,
expiration date, and cancellation and reduction
: notice.
ARTICLE 24 LAWS AND REGULATIONS
CONTRACTOR shall give all notices and comply with all
laws, ordinances, rules, and regulations relating to
the work required by this contract. If CONTRACTOR
observes that the drawings and specifications are in
conflict, CONTRACTOR shall promptly notify Architect in
writing, and any changes deemed necessary by the
Architect shall be made as provided in the contract for
14
SECTION 00701
" changes in work. If CONTRACTOR performs any work which
he knows, or through the exercise of reasonable care
should have known to be contrary to any laws,
ordinances, rules or regulations, and fails to notify
Architect, CONTRACTOR shall bear all costs arising from
the violations.
ARTICLE 25. PERMITS AND LICENSES
All necessary permits and licenses shall be secured and
paid for by CONTRACTOR, unless otherwise provided in
this contract.
ARTICLE 26 SURVEYS
The DISTRICT shall furnish' all surveys describing the
physical characteristics, legal limitations, and
utility locations for the site of the project, and a
legal description of the site upon written request from
the CONTRACTOR.
ARTICLE 27. EXCISE TAXES
If any transaction under this contract constitutes a
sale on which a federal excise tax is imposed under
federal excise tax law, and the sale is exempt from
such excise tax because it is a sale to a state or
local government for its exclusive use, upon request
the DISTRICT will execute a certificate of exemption
which will certify (1) that the DISTRICT is a political
subdivision of the State for the propose of such
exemption, and (2) that the sale is for the exclusive
use of the DISTRICT. No excise tax for materials shall
· be included in any bid price.
ARTICLE 28 INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless DISTRICT
and its governing board, officers, agents and employees
and Architect and his officers, agents and employees
from and against any and all suits, actions, claims,
demands, damages, liabilities, costs and expenses,
including attorneys' fees and costs, arising out of or
in any manner related 'to any act, omission or
· negligence of CONTRACTOR, or anyone acting under
CONTRACTOR'S direction, control, or on its behalf, in
connection with or incident to its performance of this
contract.
SECTION 00701
ARTICLE'29 MATERIALS
a. Except as otherwise specifically stated in this
contract, CONTRACTOR shall provide and pay for all
materials, labor, tools, equipment, water, might,
power, transportation, supervision, temporary
construction of every kind, and all other services and
facilities necessary to perform and complete this
contract within the time specified.
b. Unless otherwise specified, all'materials shall be new
and of good quality.
c. Materials shall be furnished in ample quantities and at
times to ensure uninterrupted progress of the work and
shall be properly stored and protected. CONTRACTOR
shall be solely responsible for any damage or loss by
weather or other causes to materials or work under this
contract.
d. No material, supplies, or equipment for work under this
contract shall be purchased subject to any chattel
mortgage or under a conditional sale or other agreement
by which an interest in all or any part is retained by
the seller or supplier. CONTRACTOR warrants good title
to all material, supplies, and equipment installed or
incorporated in the work, and upon completion of all
work agrees to surrender the premises to DISTRICT,
together with all improvements and appurtenances
constructed or placed by CONTRACTOR, free from any
claims, liens, or charges. CONTRACTOR further agrees
that neither CONTRACTOR nor any person, firm, or
corporation furnishing any materials or labor for any
work covered by this contract shall have any right to a
lien upon the premises or any improvement or
appurtenance, except that CONTRACTOR may 'install
metering devices or other equipment of utility
companies or of political subdivisions, title to which
is commonly retained by the utility company or
political subdivision. In the event of the
installation of any metering device or equipment,
CONTRACTOR shall advise DISTRICT as to its owner.
' Nothing contained in this article, however, shall
defeat or impair the legal right of persons furnishing
material or labor to look to funds due and owing
CONTRACTOR for payment. This provision shall be
inserted in all subcontracts and material contracts and
notice of its provisions shall be given to all persons
: furnishing'material for work when no formal contract is
entered into for such material.
ARTICLE 30 SUBSTITUTIONS
a. Whenever any material, process,.or &rticle is indicated
or-specified by grade, patent, or proprietary name, or
SECTION 00701
by name .of manufacturer, in the specifications, that
specification shall be deemed to be used for the
propose of facilitating the description of material,
~ process, or article desired and shall be deemed to be
followed by the words "or equal". Unless otherwise
stated CONTRACTOR may offer any material, process, or
article which is substantially equal to or better in
every respect to that indicated or specified. If the
material, process, or article offered by CONTRACTOR is
· not substantially equal to or better in every respect
to that specified, in the opinion of the Architect, or
DISTRICT, CONTRACTOR shall furnish the material,
process or article specified. The burden of proof as
to the equality of any material, process, or article
shall rest with CONTRACTOR. CONTRACTOR shall submit a
· request for substitution of any "or equal" item,
together with substantiating data and a certificate
certifying that the proposed item to be substituted is
an equal to the product specified in every way, (a
sample has been provided in these specifications - see
Section 00650) within 7 days after the award of this
~ contract. The decision of the Architect or DISTRICT to
accept or deny any request for substitution shall be
final and binding. The provision authorizing
submission of "or equal" justification data shall not
in any way authorize an extension of time for
performance of this contract.
· b. In the event CONTRACTOR furnishes any material,
process, or articme more expensive than that specified,
the difference in cost of the material, process or
article so furnished shall be borne by CONTRACTOR.
c. If the substitution is accepted, the CONTRACTOR shall
be solely and directly responsible for fitting accepted
· substitute materials and equipment into the available
space in a manner acceptable to the Architect, and for
the proper operation of the substituted equipment with
all other equipment with which it may be associated.
The CONTRACTOR shall bear all costs of meeting the
above requirements for presenting a proposed
~ substitution, and if the substitution is accepted the
CONTRACTOR must bear all costs involved.
ARTICLE 31 SHOP DRAWINGS
CONTRACTOR shall check and verify all field
measurements and shall promptly submit_seven copies of
all shop or setting drawings, schedules, and material
lists required for the work of various trades, checked
and approved by CONTRACTOR, so as to preclude any
delay. Architect shall check and approve or disapprove
those schedules and drawings, only for conformance with
the design concept of the project and compliance with
SECTION 00701
" the information provided by this contract, within
days. CONTRACTOR shall make any corrections required
by the Architect, file three corrected copies with the
Architect, and furnish other copies as needed for
construction. Architect's approval of the drawings or
schedules shall not relieve CONTRACTOR of its
responsibility for deviations from drawings or
specifications unless CONTRACTOR has called Architect's
attention to the deviations, in writing, at the time of
submission, and secured Architect's written approval.
Nor shall it relieve CONTRACTOR from its responsibility
for errors in shop drawings or schedules. No portion
of the work requiring submission of a shop drawing
shall be commenced until submittal has been acted upon
by the Architect. All such portions of the work shall
be. in accordance with the reviweed submittals.
ARTICLE 32 SAMPLES
Within 7 days following award of the contract,
CONTRACTOR shall furnish for approval all samples as
required in the specifications, together with catalogs
and supporting data required by the Architect. This
provision shall not authorize any ex'tension of time for
performance of this contract. Within 7 working days of
receipt, Architect will check and approve or disapprove
the samples as to conformance with the design concept
.of work and for compliance with information provided in
this contract. Work shall be in accordance with
approved samples.
ARTICLE 33. COST BREAKDOWN AND PERIODICAL ESTIMATES
a. On forms approved by the Architect, CONTRACTOR shall furnish the following:
1. A detailed estimate giving a complete breakdown of
the contract price within 10 days of award of the
contract; and
2. A periodical itemized estimate of work done for
the purpose of making partial payments; and
b. Values used in preparing the schedules shall be used
only for determining the basis of partial payments, and
shall not be considered as fixing a basis for additions
to or deductions from the contract amount.
ARTICLE 34. PAYMENTS
Each month, within 45 days after receipt of an approved
periodic estimate for partial payment, CONTRACTOR shall
be paid a sum equal to 90 percent of the value of work
performed and materials delivered on the ground, or
stock subject to or under the control of DISTRICT and
·
SECTION 00701
unused up to the last day of the previous month, less
aggregate previous payments. Monthly payments shall be
made only on the basis of monthly estimates which shall
be prepared by CONTRACTOR on a form approved by
Architect and filed before the first day of the month
during which payment is to be made. Work completed, as
estimated, shall be an estimate only and no inaccuracy
or error in the estimate shall operate to release
CONTRACTOR or any surety from any damages arising from
the work or from enforcing each and every provision of
this contract. DISTRICT shall have the right
correct any error made in any estimate for payment.
CONTRACTOR shall not be entitled to have any payment
estimate processed or any payment for work performed so
long as any lawful or proper direction given by
DISTRICT or Architect concerning the work, or any
portion, has not been complied with. The final payment
of 100 percent of'the value of the work done under this
contract, if unencumbered, shall be made 35 days after
recordation by DISTRICT of the Notice of Completion.
Acceptance will be made only by an action of the
governing board of DISTRICT.
ARTICLE 35. PAYMENTS WITHHELD
a. In addition to any amount(s) which DISTRICT may retain
under the article entitled "PAYMENTS", DISTRICT may
· withhold sufficient amount(s) of any payment (s)
otherwise due to CONTRACTOR, as in its judgment may be
necessary to cover:
1. Payments which may be past du® and payable for
claims against CONTRACTOR or any subcontractors
· for labor or materials furnished in the
performance of work under this contract.
'2. Defective work not remedied.
3. Failure of contractor to make proper payments to
its subcontractor(s) or materialmen for materials
or labor.
4. Completion of contract if there exists a
reasonable doubt that this contract can be
completed for the balance then unpaid.
5. Damage to another contractor.
6. Failure to maintain current record drawings.
7. Costs and expenses of alternate educational
facilities if the CONTRACTOR fails to complete the
project within the period of time required by the
contract documents.
8. Failure of the Contractor to respond to Proposal
Requests and/or Supplemental Instructions issued
by the Architect in a timely manner such that a
· job delay is not caused.
SECTION 00701
b. DISTRICT may apply the withheld amount(s) to the
payment of any claims or obligations at its discretion.
In so doing, DISTRICT shall be deemed the agent of
CONTRACTOR and any payment made by DISTRICT shall be
considered to be a payment made under this contract by
DISTRICT to CONTRACTOR, and DISTRICT shall not be
liable to CONTRACTOR for the payments made in good
faith. The payments may be made without prior judicial
determination of the claim or obligations. DISTRICT
shall submit to CONTRACTOR an accounting of the funds
disbursed on behalf of CONTRACTOR.
ARTICLE 36. CHANGES AND EXTRA WORK
a. Changes to approved drawings and specifications shall
be made by addendum or change orders approved by the
Architect.
b. Without invalidating this contract, DISTRICT may order
extra work or make changes by altering, adding to, or
deducting from work, and the contract sum shall be
adjusted accordingly. All the work shall be subject to
the conditions of this contract except that any claim
for extension of time caused by changes shall be
adjusted at the time of ordering the change.
c. In giving instructions, the Architect shall have
authority to make minor changes in work not involving a
change in cost, and not inconsistent with purposes of
the project. Otherwise, except in an emergency
endangering life or property, no extra work or change
shall be made unless made pursuant to a written order
from DISTRICT, and no claim for any addition to the
contract amount shall be valid unless by order of the
DISTRICT.
d. At the discretion of the DISTRICT, the value of any
extra work, change order deduction shall be determined
in one or more of the following ways:
1. By acceptable lump sum proposal from CONTRACTOR.
2. By unit prices contained in CONTRACTOR'S original
bid and incorporated in the contract documents or
fixed by subsequent agreement between DISTRICT and
CONTRACTOR.
3: By cost of material and labor'and percentage for
· overhead and profit. The following formula shall
be used by DISTRICT and CONTRACTOR in determining
the total amount of compensation due CONTRACTOR
for any changes or extra work provided by this
paragraph:
" For changes that increase th® contract price, the
CONTRACTOR may include the following amounts for
overhead and profit, in addition to labor and
materials. CONTRACTOR'S overhead and profit shall
SECTION 00701
include, but not be limited to: job site
facilities costs, office costs', administrative
costs, including Superintendent's time, and costs
· of related project time extensions.
(a) CONTRACTOR'S overhead, profit and additional
bond costs on the cost of work performed by
CONTRACTOR shall be a total sum not exceeding
16 percent of those costs.
O (b) CONTRACTOR'S overhead, profit and additional
bond costs on the cost of work performed by
subcontractors shall be a total sum not
exceeding 16 percent of cost of that work.
(c) Subcontractor's overhead and profit on the
cost of work performed by subcontractor shall
~ be a total sum not exceeding 15 percent of
the cost of labor, materials, rentals, etc.
(d) Overhead and profit shall not be applied to
taxes, delivery charges, and insurance by the
CONTRACTOR or its subcontractors.'
Before the CONTRACTOR is authorized to proceed with
~ extra work or changes on the basis set forth in
subdivision S., above, the DISTRICT and the CONTRACTOR
shall be in complete agreement on what the term "costs"
shall include and the percentage amount of fixed fee
the CONTRACTOR IS TO CHARGE.
· All unit prices, whether set forth in the contract or
subsequently agreed upon, shall include overhead,
~ profit and increased premium on the surety bonds.
e. If CONTRACTOR should claim that any instruction,
request, drawing, specification, action, condition,
omission, default or other situation obligates DISTRICT
~ to pay additional compensation to CONTRACTOR or to
grant an extension of time for the completion of this
contract, or constitutes a waiver of any provision of
this contract, CONTRACTOR shall notify the DISTRICT in
writing of its claim within 10 days from the date it
has actual or constructive notice of the factual basis
~ supporting the claim. The CONTRACTOR'S failure to
notify DISTRICT within the 10-day period shall be
deemed a waiver and relinquishment of the claim against
DISTRICT. If the notice is given within the specified
time, the procedure for its consideration shall be as
stated above in this article.
~ f. As used in this article, the following definition shall
apply:
1. "Labor" means any amount(s) paid directly to
nonsupervisory workers in the form of employee
wages and benefits in order to perform the work.
2. "Material" means all products, equipment, and
· devices which are physically incorporated in the
work to be performed. Any costs or expenses for
SECTION 00701
equipment, facilities, or services not physically
incorporated in the work to be performed but
necessary for its completion shall be considered
"overhead".
S. "Overhead.' means any necessary costs and expenses
which are incurred in the performance of the work
.excluding "labor" and "materials" as defined in
subdivisions 1 and 2 above.
ARTICLE $7. DEDUCTIONS FOR UNCORRECTED WORK
If DISTRICT deems it inexpedient to correct work,
faulty or not, which is done pursuant to this contract,
an equitable deduction for the contract price shall be
made.
ARTICLE 38 PAYMENTS BY CONTRACTOR
CONTRACTOR shall pay:
1. For all transportation and utility services not
later than the 20th day of the calendar month
f°llowing the month in which the services are
.rendered;
2. -For all materials, tools, and other expendable
equipment, to the extent of 90' percent of the
.cost, not later than the 20th day of the calendar
month following the month in which the materials,
tools, and equipment are-delivered to the project
site, and the balance of the cost not later than
the $0th day following completion of that part of
the work in which the materials, tools, and
equipment are incorporated or used; and
· ' 3. To each of its subcontractors, not later than the
fifth day following each payment to CONTRACTOR, on
account of work performed by that subcontractor.
ARTICLE 39 CONTRACTOR'S SUPERVISION
a. Unless personally present on premises where the work is
being' done, CONTRACTOR shall maintain a competent
Superintendent, satisfactory 'to Architect] on the work
site during its progress. The Superintendent shall not
be changed except with the written consent of the
Architect. The Superintendent shall represent
CONTRACTOR in its absence and all directions given to
· . the Superintendent shall be binding on CONTRACTOR.
b. CONTRACTOR shall provide efficient . supervision.
CONTRACTOR shall carefully study and compare all
drawings, specifications, and other instructions and
shall immediately report any error, inconsistency, or
omission to the Architect.
SECTION 00701
ARTICLE 40. 'DOCUMENTS ON WORK
CONTRACTOR shall keep one copy of all contract
documents, including addenda, change orders, shop
drawings, and other modifications on the job at all
times. The documents shall be kept in good order and
accurately marked to record all changes made during
construction. The documents shall be available to the
Inspector and Architect and their representatives at
all times. CONTRACTOR shall be acquainted with .and
comply with all statutes and regulations as they relate
to this project.
ARTICLE 41. UTILITIES
a. All utilities, including but not limited
electricity, water, gas, and telephone used on the
work, shall be furnished and paid for by CONTRACTOR.
CONTRACTOR shall furnish and install necessary
temporary distribution systems, including meters, if
necessary, from distribution points to points on the
site where the utility is necessary to perform the
work. Upon completion of the work, CONTRACTOR shall
remove all temporary distribution systems.
b. If this contract is for an addition to an existing
facility, CONTRACTOR may use DISTRICT'S existing
utilities, with the written permission of DISTRICT, by
making prearranged payments to DISTRICT for utilities
used by CONTRACTOR for construction.
ARTICLE 42. SANITARY FACILITIES
CONTRACTOR shall provide temporary, sanitary toilet
facilities, as required by law, and additional
facilities as directed by the Inspector for the use of
all workers. The facilities shall be maintained in a
sanitary condition and shall be left at the site until
removal is directed by the Inspector. Use of toilet
facilities contained in the project under construction
shall not be permitted except with the approval of the
Inspector.
ARTICLE 43. PROTECTION OF WORK AND PROPERTY
a. CONTRACTOR shall be responsible for all damages to
persons or property which occur as a result of
CONTRACTOR'S fault or negligence in connection with the
performance of this contract, and shall be responsible
for the proper care and protection of all materials
delivered and work performed until completion and final
acceptance by DISTRICT. With the exception of damage
to the work caused by "acts of God", as defined in
SECTION 00701
Government Code Section 4151(b), CONTRACTOR assumes the
risk for all work performed under this contract.
CONTRACTOR shall adequately protect adjacent property
from settlement or loss of lateral support as provided
by law and this contract. CONTRACTOR shall take all
necessary precautions for the safety of employees on
the work and shall comply with all applicable safety
laws and building codes to prevent accidents or injury
to persons on, about, or adjacent to the premises where
the work is being performed. As required by conditions
and progress of work, CONTRACTOR shall erect and
properly maintain at all times all necessary
safeguards, signs, barriers, lights, and watchmen for
protection of workers and the public, and shall post
danger signs warning against hazards created in the
course of construction. CONTRACTOR shall designate a
responsible member of its organization whose duty shall
be the prevention of accidents. The name and position
of the person designated shall be reported to DISTRICT
by CONTRACTOR.
b. In an emergency affecting safety of life, work, or
adjoining property, the CONTRACTOR is permitted to act
at its discretion, without special instruction or.
authorization from Architect or DISTRICT, to prevent
any threatened loss or injury; and CONTRACTOR shall act
-if authorized or instructed by Architect or DISTRICT.
Any compensation claimed by CONTRACTOR on account of
emergency work shall be determined by this contract.
c. .CONTRACTOR shall provide heat, covering, and enclosures
necessary to protect all work, materials, equipment,
appliances, and tools .against damage by weather
conditions.
d. CONTRACTOR shall tak® adequate preCautions to protect
existing sidewalks, curbs, pavements, utilities,
adjoining property, and structures, and avoid damage to
them, and repair any damage caused by construction
operations.
e. CONTRACTOR shall:
1. Enclose the work area with a substantial barricade
and arrange work to cause a minimum of
inconvenience and danger to students and staff in
.. their regular school activities.
2'. Provide substantial barricades around any shrubs
or trees to be preserved.
3. Deliver materials to the building area over a
route acceptable to the Architect and DISTRICT.
4. Take preventative measures to eliminate
objectionable dust.
5. Confine apparatus, the storage of materials, and
the operations of its workers within limits
indicated by law, ordinances, permits, or
directions of Architect and not unreasonably
SECTION 00701
encumber the premises with materials~ enforce
instructions of DISTRICT and Architect regarding
signs, advertising, fires, danger signals,
barricades, and smoking, and require that all
persons employed on the .work comply with al!
regulations while on the construction site.
6. Exercise reasonable care to prevent disturbing or
covering any survey markers, monuments, or other
devices marking property 'boundaries or corners.
If markers are disturbed, they shall be replaced
by an approved civil engineer at no cost to
DISTRICT.
ARTICLE 44. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out this work
and establishing grades for earth-work operations shall
be furnished by CONTRACTOR at its expense. The work
shall be done by a qualified civil engineer approved by
the Architect. "As-Built" drawings of site development
and utilities' location and inverts shall be prepared
by an approved civil engineer.
ARTICLE 45 CUTTING AND PATCHING
ao CONTRACTOR shall do all cutting, fitting, or patching
of the work as required to make its several parts come
together properly, and fit it to receive or be received
by work of other contractors indicated on or reasonably
implied by the drawings and specifications.
b. Any cost caused by defective or ill-timed work shall be
borne by CONTRACTOR.
c. CONTRACTOR shall not endanger any work by cutting,
excavating, or otherwise altering work, and shall not
cut or alter work of any other contractor except with
the written consent of the Architect.
ARTICLE 46 CLEANING UP
a. At all times, CONTRACTOR shall keep the premises free
of debris such as waste, rubbish, and excess materials
and equipment caused by the work; debris shall be
removed from the premises. CONTRACTOR shall not leave
debris under, in, or about the premises. Upon
completion of the work CONTRACTOR shall clean the
interior and exterior of the building, including
fixtures, equipment, walls, floors, ceilings, roofs,
window sills and ledges, horizontal projections, and
any areas where debris has collected so surfaces are
free from foreign material and discoloration;
CONTRACTOR shall clean and polish all glass, plumbing
fixtures, and finish hardware and similar finish
SECTION 00701
surfaces and equipment, and remove temporary fencing
'barricades, temporary utilities, construction toilet,
and similar temporary facilities from the site.
bo If the. CONTRACTOR fails to clean up at the completion
of the work, the DISTRICT may do so and the cost for
such cleanup shall be charged back to the CONTRACTOR.
ARTICLE 47. CORRECTION OF WORK BEFOP~E FINAL PAYMENT
a. CONTRACTOR shall promptly remove from the premises all
work identified by DISTRICT as failing to conform to
this contract, whether incorporated or not. CONTRACTOR
shall promptly replace and repair its own work to
comply with. this contract without additional expense to
DISTRICT and shall bear the expense of making good all
work of other contractors destroyed or damaged by that
removal or replacement, including compensation for the
Architect's additional services.
b. If CONTRACTOR does not remove work within a reasonable
time following written notification, DISTRICT may
remove and store the material at CONTRACTOR'S expense.
If CONTRACTOR' does not pay the expenses of removal
· within 10 days, DISTRICT may sell the materials at
auction or private sale, upon 10 days written notice,
and shall account for any net proceeds after deducting
all costs and expenses that should'have been borne by
CONTRACTOR.
ARTICLE 48~ ACCESS TO WORK
DISTRICT and its representative shall at all times have
access to the work. CONTRACTOR shall provide safe and
proper facilities for access so 'that DISTRICT'S
representatives may perform their functions under this
contract.
ARTICLE 49 OCCLrPANCY
DISTRICT reserves the right..to occupy buildings at any
time before completion. Any occupancy shall not
constitute final acceptance of any part of the work
covered by' this contract, nor shall any occupancy
extend the mutually agreed date specified for
completion of the work.
ARTICLE 50 'DISTRICT'S INSPECTOR
a. An Inspector employed by. DISTRICT in accordance with
the requirements of Title 21 of the California Code of
Regulations will be assigned to the work.
b. The Inspector shall have free' access to any or all
parts of the work at any time. CONTRACTOR shall
SECTION 00701
furnish the InsPector reasonable opportunities for
obtaining information necessary to keep the Inspector
fully informed regarding progress and manner of work
and character of materials. Inspection of the work
shall not relieve CONTRACTOR from any obligation to
fulfill this contract. The Inspector and Architect
shall have authority to reject work whenever the
provisions of this contract are not being complied
with. In addition, the Inspector may stop any work
which poses a probable risk of harm to persons or
property. CONTRACTOR shall instruct its employees
accordingly.
ARTICLE 51. TESTS AND INSPECTIONS
a. If this contract, any DISTRICT instructions, laws,
ordinances, or any public authority require any work to
be specifically tested or approved, CONTRACTOR shall
give notice of its readiness for observation or
inspection at least two workdays prior to being tested
or covered up. If inspection is required by parties
other than DISTRICT, CONTRACTOR shall inform DISTRICT
of the date fixed for the inspection. Required
certificates of inspection shall be secured by
CONTRACTOR. Observations by DISTRICT shall be promptly
made, and where practicable, at the source of supply.
If any work is covered up without approval or consent
of DISTRICT, if required by DISTRICT, it must be
uncovered for examination and satisfactorily
reconstructed at CONTRACTOR'S expense in compliance
with this contract. The cost of testing any materials
which are not in compliance with the contract shall be
paid for by DISTRICT and charged back to CONTRACTOR.
Other costs for tests and inspection of materials shall
be paid by DISTRICT unless otherwise provided in this
contract.
b. Where the inspection and testing will be conducted bY
an independent laboratory or agency, the materials or
samples of materials to be tested shall be selected by
the laboratory or agency, or DISTRICT'S representative,
and not by CONTRACTOR.
c. CONTRACTOR shall notify DISTRICT a sufficient time in
advance of the manufacture of materials to be supplied
to him under this contract, which must by the terms of
this contract be tested, in order that DISTRICT may
arrange for testing at the source of supply. Any
materials shipped by CONTRACTOR from the source of
supply prior to having satisfactorily passed testing
and inspection, or prior to receipt of notice from the
representative that the testing and inspection will not
be required, shall not be incorporated in the work
SECTION 00701
without the prior approval of DISTRICT and subsequent
testing and inspection.
d. Reexamination of questioned work may be ordered by
DISTRICT and if so ordered, any work must be uncovered
by CONTRACTOR. If the work is determined to be in
accordance with this contract, DISTRICT shall pay the
costs of reexamination and replacement. If the work is
not in accordance with this contract, CONTRACTOR shall
pay the costs.
ARTICLE 52. SOILS INVESTIGATION REPORT
When a soils investigation report obtained from test
holes at the work site is available, the report shall
not be a part of this contract. Any information
obtained from the report or any information given on
drawings as to subsurface soil conditions or to
elevations of existing grades or elevations of
underlying rock is approximate only, is not guaranteed,
and does not form a part of this contract.
ARTICLE 55. ARCHITECT'S STATUS
The Architect shall be DISTRICT'S representative during
the construction period and shall observe the progress
and quality of the work on behalf of DISTRICT.
Architect shall have authority to stop work whenever
stoppage may be necessary, in Architect's reasonable
opinion, to ensure the proper 'execution of this
contract.
ARTICLE 54. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Every provision of law and clause required by law to be
inserted in this contract shall be deemed to be
inserted, and this contract shall be read and enforced
as though it were included, and if through mistake or
otherwise any provision is not inserted or is not
correctly inserted, upon application of either party
the contract shall be amended to make the insertion or
correction. All references to statutes and regulations
shall include all amendments, replacements, and
enactments on the subject which are in effect as of the
date of this contract, and any later changes which do
not materially and substantially alter.the positions of
the parties.
ARTICLE-55. UTILITIES: REMOVAL, RESTORATION
a. Pursuant to Government Code Section 4215, 'DISTRICT
assumes the responsibility for removal, relocation, and
protection of utilities located on the construction
SECTION 00701
" site at the time of commencement of construction under
this contract with respect to any utility facilities
which are not identified in the plans and
specifications. CONTRACTOR shall not be assessed for
delay in completion of the project caused by the
failure of DISTRICT to provide for removal or
relocation of utility facilities. DISTRICT shall
compensate CONTRACTOR for the costs of locating and
repairing damage not due to the failure of CONTRACTOR
to exercise reasonable care, and removing or relocating
utility facilities not indicated in the plans and
specifications with reasonable accuracy, and 'for
equipment necessarily idle during the work.
b. This article shall not be construed to preclude
assessment against CONTRACTOR for any other delays in
completion of the work. Nothing in this article shall
be deemed to require DISTRICT to indicate the presence
of existing service laterals or appurtenances whenever
the presence of those utilities on' the construction
site can be inferred from the presence of other visible
facilities, such as buildings or meter junction boxes
on or adjacent to the construction site.
c. If while performing work under this contract,
CONTRACTOR discovers utility facilities not identified
by DISTRICT in the contract plans or specifications,
CONTRACTOR shall immediately notify in writing the
DISTRICT and the utility.
ARTICLE 56. NONDISCRIMINATION
Pursuant to the provisions of Labor Code Section 1735,
CONTRACTOR and its subcontractors shall not unlawfully
discriminate in the employment of persons on this
Project because of race, religious creed, color,
national origin, ancestry, physical handicap, medical
condition, marital status, or sex.
ARTICLE 57. USE OF ASBESTOS MATERIALS/PRODUCTS
a. CONTRACTOR shall not use any asbestos or asbestos
containing products or materials in performing the work
under this contract. Upon completion of the project,
CONTRACTOR shall certify in writing to DISTRICT that no
asbestos or asbestos containing materials or products
were used by CONTRACTOR or any subcontractor in
performing the work required by this contract.
b. In the event CONTRACTOR encounters'on the site material
reasonably believed to be asbestos or polychlorinated
biphenyl (PCB) which has not been rendered harmless,
the CONTRACTOR shall immediately stop work in the area
affected and report the condition to the DISTRICT and
Architect in wiring. The work in the affected area
·
29
SECTION O0701
shall not thereafter be resumed except by written
agreement of the DISTRICT and CONTRACTOR if in fact the
material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The work in the
affected area shall be resumed in the absence of
asbestos or polychlorinated biphenyl (PCB), or when it
'has been rendered harmless, by written agreement of the
DISTRICT and CONTRACTOR.
c. The CONTRACTOR shall not be required to perform any
work relating to asbestos or polychlorinated biphenyl
(PCB) without its consent.
-ARTICLE 58. SUBSTITUTION OF SECURITIES
Pursuant to the provisions of Public Contract code
'Section 22300, CONTRACTOR may substitute certain
securities for any funds withheld by DISTRICT to ensure
its performance under this contract. At the request
and expense of CONTRACTOR, securities equivalent to any
amount withheld shall be deposited, at the discretion'
of. DISTRICT, with either DISTRICT or a state or
federally chartered bank, as the escrow agent, who
shall then pay any funds otherwise subject to retention
to CONTRACTOR. Upon satisfactory completion of this
contract, the securities shall be returned to
CONTRACTOR. Securities eligible for investment under
this article shall include those listed in Government
Code Section 16430, bank and savings and loan
certificates of deposit, interest bearing demand
deposit accounts, standby letters of credit, or any
other security mutually agreed to by CONTRACTOR and
DISTRICT. CONTRACTOR shall be the beneficial owner of
any securities substituted for funds withheld and shall
receive any interest. The escrow agreement shall be
substantially similar to Attachment 1,. which by this
reference is made a pa1-% of these General Conditions.ce
_is made a part of these General Conditions.
ARTICLE 59. CONTRACT CLOSEOUT
a. Utility Connections: The existing building and/or
.buildings shall be connected to water, gas, sewer, and
electric services, complete and ready for use. Service
connections shall 'be .made and existing services
reconnected.
b.- Record Drawinqs:
1.. CONTRACTOR shall keep one complete set of blue
line prints of all drawings which form a part of
the contract, in good order on the job. They
shall be used only for the purpose intended.
Drawings shall be kept up to date as the work
SECTION 00701
progresses and shall be available at all times for
inspection.
2. The intent of this procedure is to obtain an exact
"as built" record of the work upon completion of
the project. The following information shall be
carefully and correctly drawn on the prints and
all items shall be accurately located and
dimensioned from finished surfaces of building
walls on all record drawings.
(a) Any work not installed as indicated on
drawings.
(b) The exact locations and elevations of all
covered utilities, including valves,
cleanouts, etc.
3. CONTRACTOR is liable and responsible for
inaccuracies in as-built drawings, even though
they become evident at some future date.
4. Upon completion of the work and as a condition
precedent to approval of final payment, CONTRACTOR
shall obtain the Construction Inspector's approval
of the corrected prints and employ a competent
draftsman to transfer the "as-built information to
a complete set of transparent sepias. When
completed, CONTRACTOR shall have one complete' set
of Kronar negatives (11"x17") made from the
corrected sepias and both sets shall be delivered
to DISTRICT. -
5. In addition, CONTRACTOR shall' deliver to the
Architect three complete sets of operating
manuals, repair parts lists, service instructions
for all electrical and mechanical equipment, and
equipment warranties.
c. Maintenance Manuals: At least 30 days prior to final
inspection, three copies of complete operational and
maintenance manuals shall be submitted for review. All
installation, operating, and maintenance information and
drawings shall be bound in 8-1/2" x 11" binders. Provide a
table of contents in front and all items shall be indexed
with tabs. Each manual shall also contain a list of
subcontractors, with their addresses and the names of
persons to contact in case of .emergencies. Identifying
labels shall provide names of manufacturers, their
addresses, ratings, and capacities of equipment and
machinery.
d. Inspection Requirements:
1. Before calling for final inspection,' Contractor
shall determine that the following work has been
performed:
(a) General .construction has been completed.
(b) Mechanical and electrical work complete,
fixtures in place, connected and ready for
tryout and test.
SECTION 00701
(c) Electrical circuits scheduled in panels and
disconnect switches labeled.
(d) Painting and special finishes complete.
(e) Door complete with hardware, cleaned of
protective film and relieved of sticking or
binding and in working order.
(f) Tops and bottoms of doors sealed.
(g) Floors waxed ~nd polished as specified.
-(h) Broken glass replaced and glass cleaned.
(i) -Grounds clear of Contractors equipment, raked
clean of debris and trash removed from site.
(j) Work cleaned, free of stains, scratches and
other foreign matter, replacement of damaged
and broken material.
(k) Finished and decorative work shall have
marks, dirt and superfluous labels removed.
2. Final inspection will be made by Architect upon
written notification from Contractor that work has
been completed. Contractor shall receive a list
(Punch List) of items found unacceptable and shall
promptly correct them. Upon written notification
from Contractor that all items have been
corrected, Architect will reinspect for final
acceptance of the project. Failure of Contractor
to complete punch list items will necessitate.
further re-inspection by Architect. Costs 'of
reinspection will be deducted from Contract
amount.
3. Deliver keys (labeled) to Owner's representative.
Master keys shall be accounted for in writing.
4. Furnish a letter to Owner stating that a
responsible representative of Owner (give name and
position) has 'been instructed in working
characteristics 'of mechanical and electrical
equipment.
END OF SECTION
4/5/91
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between Panama-
Buena Vista Union School District ("District"), whose addresss is 4200
Ashe Road, Bakersfield, CA 95515, ("Contractor"), whose address is
and ("Escrow Agent"), whose
address is
For the consideration described below, the District, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the
State of California,. Contractor has the option to deposit
securities with Escrow Agent as a substitute for retention
earnings, required to be withheld by District pursuant to the
Construction Contract ("Contract") entered into between the
District and Contractor for in
the amount of $ dated .
When Contractor deposits the securities as a substitute for
contract earnings, the Escrow Agent shall notify the District
within 10 days of the deposit. The market value of the
securities at the time of the substitution sham1 be at least
equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the District
and Contractor. Securities shall be held in the name of
, and shall designate the
Contractor as the beneficial owner.
2. The District shall make progress payments to the Contractor for
funds which otherwise would be withheld from progress payments
pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
$. Alternatively, the District may make payments for the benefit of
the District in the amount of retention directly to Escrow Agent
until this escrow is terminated. ~
4. Contractor shall be responsible for paying all fees for the
expenses incurred by Escrow Agent in administering the escrow
account. These expenses and payment terms shall be determined by
the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market
accounts held in escrow, and all interest earned on that
interest, shall be for the sole account of Contractor and shall
be subject to withdrawal by Contractor at any time, and from time
to time, without notice to the District.
6. Contractor shall have the right to withdraw all or any part of
the principal in the Escrow Account only by written notice to
Escrow Agent that District consents to the withdrawal of the
amount sought to be withdrawn by Contractor, accompanied by
written authorization from District to the Escrow Agent.
The District shall have the right to draw.upon the securities in
the event of default hy the Contractor. Upon seven days written
notice of the default by the District to the Escrow Agent, the
Escrow Agent shall immediately convert the securities to cash and
shall distribute the cash as instructed hy the District.
8. NotWithstanding any provision of this Escrow Agreement to the
contrary, for a period of 35 days following the recordation of a
'Notice of Completion, District shall have unlimited access to the
securities to respond to stop notice claims and punch list and
warranty items. Pursuant to this paragraph, District may
withdraw'from the escrow sufficient cash to cover 125 percent of
the principal amount claimed in'any stop notice, and 150 percent
of the estimated amount necessary to remedy any punch list and/or
warranty item. To withdraw funds, District shall present to the
Escrow Agent copies of any and all stop notices, and/or a letter
from its architect concerning the punch list and/or warranty
items, together with written notification from District making
demand for the funds. In response to District's demand, upon
seven days written notice, Escrow Agent shall immediately convert
sufficient securities, to cash and distribute the cash to
District. In no event will,Escrow Agent have any obligation to
pay to District more than the amount Escrow Agent is holding.
District's rights under'this paragraph are in addition to and do
not supplant any other rights or remedies contained in this
Section or the remainder of this Escrow Agreement.
9. ,Upon receipt of written notification from the District certifying
that the Contract is final and complete, and that the Contractor
has complied with all requirements and procedures applicable to
the Contract, Escrow Agent shall release to Contractor all
securities and interest on deposit less escrow fees and charges
of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all monies and securities on deposit and
payment of fees and charges.
10. Escrow Agent shall rely on the written notifications from
District and Contractor pursuant to Sections 4 through 7 of this
Agreement, and District and Contractor shall hold Escrow Agent
harmless 'from 'Escrow Agent's release and disbursement of the
securities and interest as set forth above.
11 ' 'The'names'of the persons authorized to give written notice or to
receive written notice on behalf of the District and on behalf of
Contractor in connection with this Agreement, and exemplars of
their respective signatures are as follows:
On behalf of District: On behalf of Contractor:
(Title) (Title)
(Name) (Name)
(Signature) (Signature)
(Address) (Address)
On behalf of Escrow Agent:
(Title)
(Name)
(Signature)
(Address)
At the time the Escrow Account is opened, the District and Contractor
shall deliver to the Escrow Agent a fully executed counterpart of this
Agreement.
AS WITNESSES, the parties have executed this Agreement by their proper
officers on the first date shown above.
DISTRICT CONTRACTOR
(Title) (Title)
(Name) '(Name)
(Signature) (Signature)
SECTION 00820
CERTIFIED PAYROLL REPORTS
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART I GENERAL REQUIREMENTS
1.01 PAYROLLS AND BASIC RECORDS
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work
and preserved for a period of three years thereafter for all
"workers employed in connection with the work. Such records
shall contain the name, address, and social security number
of '%ach such worker, his or her correct classification,
hourly rates of wages paid, daily and weekly number of hours
worked, deductions made and actual wages paid. Contractors
employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees
and the ratios and wage rates prescribed in the applicable
programs.
b. The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to the
owner. All payrolls shall set out accurately and completely
all of the information required to be maintained. The prime
contractor is responsible for the submission of copies of
payrolls by all subcontractors.
c. Each payroll submitted shall be accompanied by a "Statement
of Compliance", signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the
following:
1. That the payroll for the payroll 'period contains the
information required to be maintained and that such
information is correct and complete;
~2. That each worker (including each helper, apprentice,
and trainee) employed on the contract during the
payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly
or indirectly from the full wages earned, other than
permissible deductions.
3. That each worker has been paid not less than the
applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed,
as determined by the Director of the Department of
Industrial Relations.
END OF SECTION
7/28/89
SECTION 00851
CONTRACT DOCUMENTS
PART 1 DRAWINGS AND SPECIFICATIONS
The drawings~ which form a part of the Contract Documents
are as follows, including such large scale and full size
details as may be furnished later:
M-1 Monitoring and Leak Detection System
Specifications, Site Plan, Details
b. The Contractor shall study and compare all drawings,
specifications and instructions. He shall report any
error, inconsistency or omission before commencing work
and take the Architect's further instructions in regard
thereto; and any duplication of work made necessary by
failure or neglect to comply with this injunction shall
be done at the expense of the Contractor.
c. Large scale drawings govern smaller scale and figured
dimensions govern scale measurements. No measurement
shall be scaled. If figures or information on any
drawings are insufficient, the Contractor shall secure
the Architect's instructions before proceeding.
d. Detai 1 s and Shop Drawings, either furni shed by or
approved by the Architect, are considered as amplifying
and not as modifying the drawings and specifications on
which proposals were made.
e. Misplacement, addition or omission of any word, letter,
figure or punctuation mark in no way changes the true
spirit, intent or meaning of the drawings and
specifications. The Contract Documents are to be taken
together, and what is called for by one shall be as
binding as if called for by all. Any work or material
necessary to complete the work, and which may be fairly
implied as included in the Contract shall be done and
provided by the Contractor without extra charge.
f. For convenience, these specifications are arranged in
several trade sections, but such separation shall not be
considered as the limits of the work required of any
subcontractor or trade. The terms and conditions of such
limitations are wholly between the Contractor and his
subcontractors.
g. Wherever A.S.T.M. or other specifications or bulletins
are referenced, it is understood that the latest approved
published edition or revision is to be used, except when
a specific date of issue is stated in Title 24 or 1988
U.B.C.
h. Drawings and specifications are instruments of service,
remain the property of the Architect and are to be
returned or accounted for before the final certificate of
payment ~s issued.
CONTRACT DOCUMENTS SECTION 00851
SECTION 00851
PART 2 ADDENDA OR BULLETINS
The Architect may issue addenda and/or bulmetins to all
Contractors bidding this project at any time between the
date the project was advertised to the date set for the
opening of bids. These addenda and/or bulletins shall
._ take precedence over the plans and specifications only
where they contradict them; all other provisions shall
remain unchanged. A11 addenda and/or bulletins will be
signed by the Architect and shall become part of the
Contract. It shall be the sole responsibility of the
Contractor to advise all of his subcontractors of the
information contained in these supplementary documents.
Before submitting his bid, the Contractor shall contact
the Architect's Office to ascertain whether he has
received all addenda and/or bulletins. All addenda and
bulletins will be approved by the Office of the State
Architect and/or other governing authorities.
PART S INTERPRETATION
Drawings, specifications and all other Contract Documents
are intended to be self-explanatory. Should any
discrepancy appear to exist, or any misunderstanding
arise involving the intent and meaning 'of the drawings
and/or specifications or the sufficiency or performance
of the work thereunder, the decision of the Architect
shall be final and binding upon the Contractor.
PART 4 LOCATION OF PROJECT
The property upon which the work is to be done is located
at 4200 Ache Road, Bakersfield, CA 93313 and is that
property owned by the Panama-Buena Vista Union School
District.
798 END OF SECTION
4/26/90
CONTRACT DocUHENTs SECTION 00851 2
-e
SECTION 01060
I~E~ULATORY REQUI~S
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
The following Supplemental Conditions apply to school projects and are
in addition to the General Conditions, Section 00701. Items in this
Section modify the General Conditions and shall take precedence
thereover. Unaltered portions of the General Conditions shall remain
in effect.
PART 1 GOVERNING (REVIEWING ANDAPPROVING) AGENCY
The Governing (Reviewing and Approving) Agency for this
project shall be:
CITY OF BAKERSFIELD
PART 2 STATE LAWS AND REGULATIONS
2.01 The project shall be constructed under the complete
jurisdiction of all laws of the State of California
governing the construction of public buildings, to-wit:
a. Title 19 and Title 24, Parts 1, 2, 3, 4 and 5 of the
California Code of Regulations.
b. All laws governing the employment of labor, qualification~
for employment, posting of minimum wage rates, hours of
work, employment of aliens, payment of employees, convict-
made materials, domestic and foreign materials and accident
prevention.
c. Title 19 of the California Code of Regulations entitled
"Public Safety".
d. General Industrial Safety Orders: Each and every Contractor
shall observe and conform to the provisions of Title 8,
California Code of Regulations bearing upon safe and proper
use, construction, disposal, etc., of materials, machinery
and building appurtenances as therein set forth.
e. Code Rules and Safety Orders: All work and materials shall
be in full accordance with the latest rules and regulations
of the State Fire Marshal; the safety orders of the Division
of Industrial Safety, Department of Industrial Relations,
and any State Laws or Ordinances. Nothing in these plans
and specifications is to be construed to permit work not
conforming to these Codes.
f. National Electric Code
g. Uniform Mechanical Code
ho Uniform Plumbing Code
i. Occupational Health and Safety Act (OSHA)
j. Uniform Building Code
REGULATORY REQUIREMRNTS SECTION 01060
SECTION 01060
All of the above laws and regulations, through referral
herein, are as much a part of the Contract as if they were
incorporated in their entirety in this Section.
PART 3 TESTS ~ INSPECTIONS
a. Tests and Inspections shall be as specified in Section
o o2.
b. The Architect or Registered Engineer in general responsible
charge shall designate the testing of materials consistent
with the needs of the project and shall issue specific
instructions to the testin~ agency.
4/11/91 END OF SECTION
798
:REG~TORY REQUI~S SECTION 01060
SECTION 01301
SUBMITTALS
The following Supplementa, 1 Conditions apply to school projects and
are in addition to the General Conditions, Section 00701. Items in
this Section modify the General Conditions and shall take
precedence thereover. Unaltered portions of the General Conditions
shall remain in effect,
PART i GENERAL
1.01 SECTION INCLUDES
a. Submittal procedures
b. Construction Progress Schedules
c. Proposed Products List
d. Shop Drawings ,
e. Product Data
fo Samples
g. Manufacturers' Instructions
h. Manufacturers' Certificates
1.02 RELATED SECTIONS
a. Section 01402 - Quality Control: Manufacturers' field
services and reports.
b. Section 01701 - Contract Closeout; Contract warranty an~
manufacturer's certificates closeout submittals.
1o03 SUBMITTAL PROCEDURES
a. Transmit each submittal with AIA Form GS10 or Architect-
approved form.
b. Sequentially number the transmittal forms. Resubmittals
to have original number with an alphabetic suffix.
c. Identify project, general contractor, construction
manager, prime contractor or supplier; pertinent drawing
sheet and detail number(s), and specification section
number, as appropriate.
d. Apply general contractor's stamp, signed or initialled
certifying that review, verification of products
required, field dimensions, adjacent construction work,
and coordination of information, is in accordance with
the requirements of the work and contract documents.
e. Deliver to Architect at business address. Coordinate
submission of related items. Architect shall have a
minimum of 21 calendar days for review of all submittals.
f. Identify variations from contract documents and product
or system limitations which may be detrimental to
successful performance of the completed work.
go Provide space 4" x 4" for contractor and architect review
stamps.
SUBMITTALS SECTION 01301
SECTION 01301
h. Revise and resubmit submittals as required, identify all
changes made since previous submittal.
i. Distribute copies of reviewed submittals to concerned
parties. Instruct parties to promptly report any
inability to comply with provisions.
j. All submittals, except shop drawings, required shall be
submitted within 7 days unless noted otherwise or as
shown on drawing from date of award of contract for shop
drawings, product data, samples, and product delivery
dates, including those furnished by Owner.
1.04 PROPOSED PRODUCTS LIST
a. Within 7 days after date of award of contract, submit
complete list of major products proposed for use, with
name of manufacturer, trade name, and model n~unber of
each product.
For products specified only by reference standards, give
manufacturer, trade name, model or catalog designation,
and reference standards.
1.05 SHOP DRAWINGS
a. Submit in the form of one reproducible transparency and
seven opaque reproductions.
b. After review, distribute in accordance with Paragraph
1.03 above and for Record DOcuments described in Section
01701 - Contract Closeout.
c. All shop drawings shall be submitted within 7 days after
the award of the contract.
1.06 PRODUCT DATA
a. Submit the number of copies which the contractor
requires, plus three copies which will be retained by the
Architect.
b. Mark each copy to identify applicable products, models,
options, and other data. Supplement manufacturers'
standard data to provide information unique to this
project.
c. After review, distribute in accordance with Paragraph
1.05 above and provide copies for Record Documents
described in Section 01701 - Contract Closeout.
1.07 SAMPLES
a. Submit samples to illustrate functional and aesthetic
characteristics of the Product, with integral parts and
attachment devices. Coordinate sample submittals for
interfacing work.
.SUBMITTALS SECTION 01301 ~
SECTION 01301
b. Submit samples of finishes from the full range of
manufacturers' standard colors, textures, and patterns
for Architect's selection.
c. Include identification on each samples, with full project
information.
d. Submit the number or samples specified in individual
specification sections; one of which will be retained by
Architect.
e. Reviewed samples which may be used in the work are
indicated in individual specification sections.
1.08 MANUFACTURER'S INSTRUCTIONS
a. When specified in individual specification sections,
submit manufacturers' printed instructions for delivery,
storage, assembly, installation, start-up, adjusting, and
finishing, in quantities specified for Product Data.
b. Identify conflicts between manufacturers' instructions
and contract documents.
1.09 MANUFACTURER'S CERTIFICATES
a. When specified in individual specification sections,
submit manufacturers' certificate to Architect for
review, in quantities specified for Product Data.
b. Indicate material or product conforms to or exceeds
specified requirements. Submit supporting reference
data, affidavits, and certifications as appropriate.
c. Certificates may be recent or previous test results on
material or product, but must be acceptable to the
Architect.
END OF SECTION
3/18/91
798
SUBMITTALS SECTION 01301
SECTION 01402
QUALITY CONTROL
DIVISIONS 0 AND i ARE A PART OF THIS SECTION.
PART i GENERAL
1.01 SCOPE OF WORK
The work of this Section shall include the furnishing of all
labor, materials and equipment required to complete all the
tests and inspections of materials indicated on the drawings
and as specified herein.
1.02 WORK INCLUDED
a. Earthwork: Inspection of subgrade improvement operations,
compacted fill and field density tests.
b. Concrete Work: Testing and certification of concrete
ingredients, compression cylinders, reinforcing steel and
placement inspections.
1.03 OWNER'S INSPECTOR
a. An inspector employed by the Owner in accordance with the
requirements of State of California Code of Regulations,_
Title 24 will be assigned to the work. His duties are
specifically defined in Title 24, Sec. 4-342.
The work of construction in all stages of progress shall be
subject to the personal continuous observation of the
inspector. He shall have free access to any or all parts of
the work at any time. The General Contractor shall furnish
the inspector reasonable facilities for obtaining such
information as may be necessary to keep him fully informed
respecting the progress and manner of the work and the
character of the materials. Inspection of the work shall
not relieve the General Contractor from any obligation to
fulfill this Contract.
c. The Owner shall have the right to reject materials and
workmanship which are defective, or to require their
correction. Rejected workmanship shall be satisfactorily
corrected and rejected materials shall be removed from the
premises without charge to the Owner. If the General
Contractor does not correct such rejected work within a
reasonable time, fixed by written notice, the Owner may
correct same and charge the expense to the General
Contractor. Should it be considered necessary or advisable
by the Owner at any time before final acceptance of the
entire work to make an examination of the work already
completed by removing or tearing out the same, the General
Contractor shall on request promptly furnish all necessary
facilities, labor and materials. If such work is found to
QUALITY CONTROL SECTION 01402 1
SECTION 01402
be defective in any respect due to the fault of the General
Contractor or his subcontractor, he shall defray all
expenses of such examinations and of satisfactory
reconstruction. If, however, such work is found to meet the
· requirements of the Contract, the additional cost of labor
and material necessarily involved in the examination and
replacement shall be allowed the General Contractor.
1.04 COOPERATION
a. Laboratory: Shall cooperate with all trades whose work
affects or is affected by the tests and inspections.
b. 'Cooperation: The General Contractor to cooperate with and
provide testing laboratory opportunity and assistance in
taking samples, making field tests and making inspections.
1.05 SPECIAL PROVISIONS
a. Governing Agency: Shall be as specified in Section 01060.
b. Laboratory: To be approved by Owner, Architect, Structural
Engineer and Governing Agency. Laboratory shall be in the
employ of the Owner.
c. Duties of Testing' Laboratory: Inspect stock, mark
identified stock, select and mark test specimens, perform
required tests, inspections as specified, furnish required
reports' and~certificates.
d. Reports: To be executed immediately upon conclusion of each
procedure and forwarded to:
Architect Mechanical Engineer Contractor Owner
Subcontractor Job Inspector Governing Agency
(1) Such reports shall include all tests made, regardless
of whether such tests indicate that the material is
satisfactory or unsatisfactory. Samples taken but not
tested shall also be reported. Records of special
sampling operations as required shall also be reported.
The reports shall show that the material or materials
were sampled and tested in accordance with the
requirements of Title 24 and with the approved
specifications. Test reports shall show the 'specified
design strength. They shall also state definitely
whether or not the material or materials tested comply
with requirements.
(2) Verification of Test Reports: Each testing agency
shall submit to the Office of the Architect a verified
report in duplicate covering all of the tests which are
required to be made by that agency during the progress
of the project. Such report shall be furnished each
time that work on the project is suspended, covering
the tests up to that time, and at the completion of the
project, covering all tests.
QUALITY CONTROL SECTION 01402
SECTION 01402
e. Payment: The Owner shall pay for all tests. When in the
opinion of the Architect additional tests are required, then
such tests and inspection shall be paid for by the Owner but
the amount paid shall be deducted from the Contract Price.
Examples of such additional tests are: Tests of material
substituted for previously accepted materials, unidentified
materials, retests made necessary by the failure of
materials to comply, with the requirements of the
specifications and load tests necessary because certain
portions of the structure have not fully met specification
or plan requirements.
f. Selection of Samples: All samples and specimens for testing
shall be selected by the inspector or by the testing
$ laboratory, but not by the Contractor. The Contractor
shall, at his own expense, furnish, package, mark and
deliver all samples to be tested, when so directed by the
inspector, testing laboratory, or as required by the
specifications. Delivery of samples to the testing
laboratory shall be made in ample time to allow tests to be
made without delaying construction. No extra time will be
allowed for the completion of the work by reason of delay in
testing samples. The General Contractor shall allow free
access at all times to the representatives of the testing
laboratory to the sources from which samples are taken.
g. Preparation of Specimens: Taken by and at expense of
fabricator under direction of testing laboratory and
machined or prepared to conform to appropriate ASTM
specification. Cost of machining specimens is considered
part of the testing.
h. Architect and Mechanical Enqineer reserve the right to
demand for test and special examination any materials or
· part thereof to insure compliance with specifications, and
may reject for satisfactory replacement, any material or
part judged defective as a result thereof. Applies also to
materials or sources of same substituted for those
previously approved. Such tests or examinations, even
though not specified shall be performed as and when
required. Costs paid for by Owner, but the amount paid
shall be deducted from the Contract.
PART 2 EXECUTION
2.01 EARTHWORK (Refer to Section 02200)
a. Testinq Agency: Any required foundation consultation,
examination or testing shall be done by an approved
Geotechnical Engineer, per T24, Section 2905(a). Costs paid
by Owner.
b. Consultation or Procedures for this part of the work shall
be only as requested by the Architect ~and Mechanical
QUALITY CONTROL SECTION 01402 3
SECTION 01402
Engineer at the time 'work on the site is commenced And may
consist of the following:
(1) Examination of exposed subqrades resulting from the
· cutting operation, including field density tests if
considered necessary.
(2)Verify completed foundation excavations.
(3) Periodic inspection of any required filling and
backfilling, including field density tests if
considered necessary.
(4) Imported or Native Fill Material: Approved material,
perform suitability tests for compaction; qualities and
optimum moisture if required.
(5) Provide Continuous Inspection Supervision during
removal and recompaction of existing soil and placement
of fill.
'(6) Inspect and approve completed footing excavations.
(7) Field Density Tests: Shall be made on samples from
material in place as required to verify proper
compaction densities of fills and backfills.
c. Densities and Method: Densities Specified' relate to ASTM
Designation D-1557-78 Method A.
2.02 'CONCRETE WORK (Refer to Section 03010)
· a. Inspections:
(1) Notification: The General Contractor shall notify the
following people, giving advance notice prior to
commencing the designated work:
Person Advance Prior to For
Notified NotiCe Commencinq. Inspection
Architect 24 hours Form Work Excav.
Architect & Inspector 24 hours Pouring Conc. Form &
" Steel
· Governing Agency 48 hours Pouring Conc. Form &
Steel
(2) No concrete shall be poured except in the presence of
the Owner's Inspector and only after the forms and
reinforcing steel have been approved by the Mechanical
Engineer or his representative, the Architect and the
governing agency.
.(3) Batch Plant Inspections: When transit mixed concrete
is used, continuous inspection shall be maintained at
the. plant by a qualified concrete technician who shall
issue tickets certifying that quantities and quality of
all materials used in the concrete are in accordance
with these specifications and the approved design mix.
The Owner will pay the costs of this inspection. This
inspection will not be required for non-structural
concrete (as defined in Paragraph (4) following).
QUALITY CONTROL SECTION 01402
SECTION 01402
(4) Bonded Weighmaster Certificates: Non-structural
concrete such as floor slabs on grade, walks, curb &
gutter, etc., shall not require continuous batch plant
inspection, but instead, a Bonded weighmaster shall
furnish notarized affidavits certifying that quantities
and quality of all materials used in the concrete are
in accordance with these specifications and the
approved mix design. Waiver of batch plant inspection
shall comply with T24, Sec. 2628(e).
~ests: All concrete materials to be tested and reported
prior to any use of same.
(1) Portland Cement: Shall be tested in accordance with
T24, Section 2628(a), 2605(c) and ASTM C-150-89. One
sample shall be taken for each 100 tons of cement
except that when used in bulk loading ready mix plants
where separate bins for pretested cement are not
available, grab samples shall be taken for each
shipment of cement placed in the bin with not less than
one sample being taken for each day's pour and such
samples shall be subsequently tested if required by the
Architect, structural engineer or the Office of the
State Architect.
(2) Aqqreqate: Shall be in conformance with T24, Sec.
2603(d),
(3) Reinforcinq Steel: To be tested prior to use for
compliance with T24, Sections 2628(b) and 260S(f), and
ASTM A-615-89 requirements, and comply with quality
standards of 2402(b)10. Welded rebar shall be
inspected and certified per T24, Section 2628(1).
(a) Samples: To be selected by representative of
testing laboratory from material at the building
site or place of distribution, to consist of two
(2) pieces, each 18 inches (18') long of each
size, furnished, cut and prepared for testing hy
Contractor, marked and delivered hy representative
of testing laboratory.
(b) Tests: One (1) tension and one (1) bend tests
shall be made of each size of reinforcing steel
including wire fabric. One (1) series of tests
shall be made for each ten (10) tons or fraction
thereof of each size of reinforcing steel if the
bundles as delivered can be identified as to heat
number and the mill analysis accompany the report.
If they cannot be identified as to heat number,
then one (1) series of tests shall be made from
each two and one-half (2-1/2) tons or fraction
thereof.
(4) Cylinder Tests: Shall comply with T24, Sec.2604(h).
(a) Three (3) cylinders of concrete shall be made for
each fifty (50) cubic yards of" each grade of
concrete of fraction thereof being placed each
·
QUALITY CONTROL SECTION 01402 5
SECTION 01402
day. Each cylinder shall be dated, given a
number, the point in the structure from which the
sample was taken noted thereon and the slump noted
thereon.
(b) Test cylinders shall be made at the job and stored
in the testing laboratory in accordance with ASTM
C-31-88. At the end of twenty-four (24) hours
after making, the cylinders shall be stored under
moist curing conditions at approximately 70
.degrees F. and maintained therein until tested.
The cylinders shall be tested in accordance with
T24~ Section 2604(d) and ASTM C-39-86. The
cylinders shall develop the following minimum
ultimate compressive strengths:
Design 7 Day 28 Day
Strength Test Test
2500 p.s./. 1500 p.s.i. 2500 p.s.i.
3000 p.s.i. 1800 p.s.i. 3000 p.s.i.
(c) 'If the-strengths of the first two cylinder tests
are satisfactory, the third cylinder shall not be
tested, but destroyed. The third cylinder shall
be tested if the strengths of the first two
cylinders are not satisfactory.
(d) If the strength of the cylinders does not meet the
minimum as mentioned above, core tests of the
hardened concrete shall be made in accordance with
T24, Section 2604(h), and ASTM C-42-87. If the
core tests show the concrete strength to be
deficient, the concrete shall be deemed defective
and removed. The General Contractor shall pay all
costs of these core tests.
c. Laboratory Designed Mixes: See Paragraph 3.01,
Proportioning of Concrete Mixes, Section 03010, Concrete
Work.
END OF SECTION
4/11/91
QUALITY CONTROL SECTION 01402
SECTION 01741
GUARANTEE
Guarantee for (describe project) IN-TANK LEAK DETECTION, INTERSTITAL
LEAK SENSING AND VAPOR SENSING SYSPTEM AT THE PANAMA-BUENA VISTA UNION
SCHOOL DISTRICT BUS GARAGE FACILITY
We guarantee that the construction work described above has been
performed in accordance with and complies with the contract documents.
We agree to repair or replace any or all of the work, together with
any other adjacent work which may be required in connection with it,
that may prove to be defective in workmanship or material within a
period of years from the date of acceptance of the project
by the School District,
ordinary wear and tear excepted.
In the event of our failure to comply with these conditions within a
reasonable period of time, as determined by District, but not later
than days after being notified in writing by District,
we authorize District to proceed to have the defects repaired at our
expense, for which we will pay the costs and charges upon demand.
Dated: General Contractor
By
Title
Representative (General Contractor)
to be Contacted for Service:
Name:
Address:
Telephone:
SECTION 02200
EAR~O~
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART ! GENERAL
1.01 SCOPE OF WORK
The work of this section shall include the furnishing of all
labor, materials and equipment required to complete the
excavation, backfilling and compacted fill work for
trenching of all utility lines as indicated on the drawings
and as specified herein.
1.02 WORK INCLUDED (But not limited to the following items)
a. Furnish imported fill material, if required.
b. Excavating for all trenches for leak detection and
monitoring system.
c. Proper bracing and shoring of all excavation where necessary
to prevent caving.
d. Backfilling, placing and compacting fill as required for
tenches for leak detection and monitoring system.
e. Subgrading and preparation of subgrade for asphaltic
concrete surfacing.
f. Applyin9 water to obtain compaction required in fills.
g. Final finish grading.
h. Cleaning of site of all material excavated and not used and
disposing of away from site.
1.03 OWNER'S REPRESENTATIVE
a. The earthwork operations will be under the direct inspection
of the Inspector for this Project. Refer to Section 01402,
Tests and Inspections.
b. The Inspector shall be the Owner's representative in control
of all earthwork. The Inspector will approve or disapprove
fill materials; will make appropriate tests and pass or
reject compacted fill and will designate for removal any
unsuitable materials, which may remain at the bottom of the
excavated area after the limits of excavation indicated by
the drawings have been reached.
c. The contractor shall comply with the instructions of the
Inspector as to the aspects of the work described above and
shall cooperate with the Inspector in his performance of
these duties.
EARTHWORK SECTION 02200 1
SECTION 02200
1'.04 PROTECTION
a. Protection of Property: Care shall be taken to prevent
damage to adjoining property and this contractor shall make
good any damage resulting from this operation.
b. Maintain protections and barricades as required. Cooperate
with other trades requiring access.
c. Survey work furnished by the owner, such as horizontal and
vertical control survey monuments, bench marksi etc., shall
'be carefully maintained. Said work, if disturbed or
destroyed, shall be replaced by the contractor's surveyor at
the contractor's expense.
d. Loads of material moving to or from the site shall be
trimmed to prevent droppings along the street.
1.05 UNDERGROUND PIPES, CONDUITS AND UTILITIES
a. Observe applicable regulations in work affecting underground
utilities. Protect active utilities from damage and remove
or relocate only as indicated or specified. Remove and plug
or cap inactive or abandoned utilities encountered in
excavating or grading. In absence of specific requirements,
plug or cap at least 5 feet outside building walls.
b. Excavatinq or trenchinq for new pipe, conduit or utility
lines within five feet of building lines and under exterior
walks, drives or pavement is subject to provisions of these
specifications with respect to protection from moisture,
backfilling and grading.
c. Lines Containinq Liquid: Check for leaks and certify to
owner. Run such lines at least 5 feet outside building
lines'wherever possible.
d'o Notify utility companies and owner for all utilities to be
cut off, modified or relocated. Maintain active utilities
and protect same.. No utilities shall be cut off without
first obtaining permission from the Owner.
1.06 DRAWINSS AND SPECIFICATIONS
Any excess earth not needed for filling shall be removed
from the site. Any earth required for filling shall be
furnished by the contractor and shall meet the requirements
under materials section for earth fill.
1.07 INSPECTION OF SITE
The contractor shall accept the site as he finds it at the
time of submitting his bid for this work and no allowances
will be made for any error or negligence resulting from his
failure to inspect the site prior to submitting his bid
proposal.
EARTHWORK SECT I ON 02200 ~f
SECTION 02200
1.08 LAWS AND ORDINANCES
All excavating, bracing, barricading, backfilling, etc.,
shall be done in accordance with all applicable laws and/or
ordinances.
1.09 ASTM STANDARD SPECIFICATIONS
Wher® reference is made to ASTM Standard Specifications, the
latest issue of such specifications shall apply, except
where other specific issue dates are identified in the Soils
Report, T24, Part 2, .or the applicable U.B.C.
1.10 SURFACE WATER
Surface water shall be controlled by grading as necessary to
prevent erosion, damming or ponding in the bottom of
structural excavations.
1.11 ALLOWABLE TOLERANCES
Maximum variation from indicated grades shall be 1/10 of one
foot.
PART 2 PRODUCTS
2.01 MATERIALS
a. Earth for fillinq and backfillinq shall be acceptable to the
Architect and Geotechnical Engineer and shall be free from
all objectionable material and shall be a clean, granular
material suitable for compaction. Must be tested and
approved by the Soils Engineer.
PART 3 EXECUTION
$.01 TRENCHING
Dig straight and true to line and grade, smooth bottom of
any rock points. Where rock is encountered, excavate
below bottom of pipe and fill with 3" of sand. Pipe shall
be supported for the entire length on undisturbed original
earth or packed sand. The bottom of the trenches shall be
shaped or packed for the pipe or duct fittings, hubs and
couplings, using templates to fit the outside periphery of
the lower third of the piping or ductwork. Natural gas,
water, sewer, underground sprinkler and electrical conduit
shall be .provided with a minimum of 24 inches of cover where
installed below grade and or as required by local utility
concerns.
·
EARTHWORK SECTION 02200
SECTION 02200
3.02 BACKFILL
Before beginning backfill, bring the moisture content to 954
optimum moisture content. Mix the backfill thoroughly
outside of the trench and lay in enough soil that can be
compacted to a 12 inch layer of 954 density and the same for
all succeeding lifts The.jetting, puddling or ponding
methods to achieve moisture content shall not be used. The
project inspector will notify the soils laboratory to test
the backfill for proper density and moisture content of the
lifts at his discretion. Any failures of tests shall be
retested until proper density has been established.
3.03 FIELD DENSITY TESTS
Field density tests shall be taken as directed by the
Engineer and when these tests indicate that the density of
any layer.of fill or portion thereof is below the required
ninety percent (904) density, that particular layer or
portion shall be reworked until the required density has
been obtained.
3.04 EXCAVATIONS
a. The bottom of all excavations shall be smooth, level and
firm and at the depth as required.
b. All excavations shall be kept free of standing water by
pumping, draining or any means necessary to this end.
c. The contractor shall bear all costs for additional work on
account of overexcavation.
3.05 DISPOSAL AND CLEANUP
a. Rubbish, Debris, Rocks, Trees, etc.: Hauled away from site
promptly and legally disposed of.
b. Topsoil Strippinqs: Legally dispose of off site.
c. Excess earth resulting from cutting and excavation to be
legally disposed of off the site or hauled to an area as
designated and stockpiled.
d. Dust and Noise Abatement:' During entire period of
construction and during loading, keep area and material
being loaded sprinkled to reduce dust in air and annoyance
to premises and neighborhood. Exercise all reasonable means
to abate undue noise.
e. Clean up site, remove all debris and leave premises in clean
and orderly condition.
END OF SECTION
6/14/90
798
EARTHWORK SECTION 02200
DiViSiONS 0 AND 1 AR~: A PAI{T OF 'rHl,q SECTION
PAH_'r_~ OI~N.J~RAI~.
I. 01 8
The work of this Section shall include the furnishing of al
labor, materials and equipment required to complete
sterilization to prevent seed germination and plant growth
under paving, sidewalks and other areas indicated on
drawings.
1.0 2
Take necessary precautions to protect adjoining property
areas designated for planting on building site.
2.01 .A..,o e._e_p._t.a_b_!_e._Ha__~._e_r_!.a.l.s.:
a. Monobor Chlorate, as .manufactured by Best Chemical Co.
~ b0 Dyclomec AG, as manufactured by PBl/Gordon Corp.
PAR'_r__3.
3.01 Apply in accordance with the manufacturer's recommendation.
~'.ND OF SECTION
1/28/91
·
VgGJ~'I'A'I'ION UON'i'ROI, HgCTION 02282 1
.. SECTION 02513
· ASPHALTIC CONCRETE
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL
~ 1.01 SCOPE OF WORK
The work of this Section shall include all labor, material,
equipment and appliances required to,complete all the work
shown on the drawings and/or specified hereunder.
~ 1.02 WORK INCLUDED
a. Patching and preparing the finish sub-grade to receive
asphaltic concrete.
b. Patching of aggregate base and paving with asphaltic
concrete of all areas as indicated on the drawings.
· c. Fog seal.
do Sawcut existing asphaltic concrete as required.
1.03 RELATED WORK
a. Vegetation control is specified under Section 02282.
· b. Finish grading is specified under Earthwork, Section 02200,
however., rolling preparation of finish grade under asphalt
paving is part of this contract.
1.04 GUARANTEE
· In addition to the guarantee as specified elsewhere in
these Specifications, this Contractor shall repair or
restore to first class condition any portion of the
asphaltic concrete paving in which creeping, shoving.
cracking, raveling, softening or other defects that are due
to improper placing or defective materials that appear or
· become apparent within one (1) year from the date of
acceptance.
PART 2 PRODUCTS
2.01 MATERIALS
a. Hot-Mix AsDhaltic Concrete, uniformly graded aggregate to
1/2" maximum medium grading, graded as per State cf
California Division of Highways, Standard Specifications
Section 39 and intimately mixed with 5 - 6-1/2% of AR 8000
or AR 4000 paving asphalt or as determined by the Architect.
· b. A~cre~ate Base: Class 2, 3/4" aggregate graded as per State
of California Division of Highways, Standard Specifications,
Section 26.
·
ASPHALTIC CONCRETE SECTION 02513
SECTION 02513
c. Fog Seal: Asphalt emulsion SS-i/SS-ih mixed with water 1:1.
PART 3 EXECUTION
3.01 INSPECTION
a. Verify gradients and elevations of sub base are correct.
b. Beginning of installation, means acceptance of substrate.
3.02 TOLERANCES
a. Flatness: Maximum variation of 1/4 inch, measured with 10
foot straight edge.
b. -Compacted Scheduled Thickness: Within 1/4 inch of design
thickness.
c. variation from True Elevation: Within 1/2 inch.
3.03 INSTALLATION
a. Preparation of Grade: All base over which asphaltic
concrete is to be placed shall be rolled with a three (3) to
five (5) ton roller, making seven (7) passes over all of the
areas to receive asphaltic concrete.
b. Pavinq for Vehicular Traffic: Asphaltic concrete and
aggregate base shall be placed to thicknesses to match
existing. Asphalt concrete shall be placed and compacted in
accordanace with Section 39 and base material shall be
spread and compacted in accordance with Section 26 of the
State of California, Division of Highways Standard
Specifications. The finish shall have no variations greater
· than one-quarter inch (1/4") in ten feet (10'-0") and the
texture of finish shall be uniform and at a maximum density
for the type of aggregate used.
c. Foq Seal: Spray the entire area after the paving is
completed at a rate of approximately 0.1 gallon per square
yard as per Section 37 of the State specifications.
$.04 GENERAL REQUIREMENTS
a. Layout of Work: This contractor shall, lay out his work and
be responsible for the accuracy of the measurements.
b. Cooperation: This contractor shall cooperate with the other
trades in establishing the time of commencing and completing
the work of this section.
c. Approvals: The material source from which asphaltic
concrete is procured shall be approved by the Architect.
d. Protection of Other Work: Care shall be taken to prevent
damage, to existing property, concrete slabs and to any of
the new work performed under the contract and shall make
good any damage resulting from this operation.
ASPHALTIC CONCRETE SECTION 02513 2
SECTION 025~3
e. Inspection of Site: This contractor shall be held to have
examined the site and satisfied himself to the existing
conditions and the conditions under which he will be obliged
· to operate.
END OF SECTION
71§/90
798
·
ASPHALTIC CONCRETE SECTION 0251'3
SECTION 02515
CONCRETE PAVING
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PA~RT 1 GENER3%L
1.01 WORK INCLUDED
a. Patching of site concrete paving, including sidewalks, fire
lane, as required.
b. Patching of curbs, gutters.
c. Sawcutting and removal of existing concrete, curbs, gutter,
sidewalks, etc. as required for trenching, excavation,' etc.
1.02 RELATED SECTIONS
a. Earthwork
b. Asphalt concrete paving
1.03 0UALITY ASSURANCE
a. Comply with the latest publications for materials and
operations of the following:
1. The American Society for Testing and Materials (ASTM).
2 American National Standards Institute (ANSI).
$ The American Concrete Institute (ACI).
4 The American Welding Society (AWS).
5 Portland Cement Associations (PCA).
6 State and Local Building Codes.
7 State of California, Department of Transportation
(CALTRANS) Standard Specifications, January, 1988.
b. Certify in writin~ that Contractor has not less than five
years experience in the field of providing specified
finishes.
c. Perform work soecified herein under the personal and
constant supervision of a competent construction
superintendent experienced in this class of work.
d. Provide slump tests for checking consistency of concrete
mixture shall be made in accordance with ASTM C-143.
e. Pay for any and all re-inspection, re-testing, re-design
required due to the failure of concrete to meet
requirements.
f. For additional reference information, consult Portland
Cement Association booklet; Cement Mason's Guide to Building
Concrete Walks, Drives, Patios, and Steps.
g. All concrete work: True to lines and grade as indicated on
the drawings. Be responsible for proper drainage, without
birdbaths, on all concrete paving surfaces. Bring
discrepancies or omissions on drawings, or conditions on the
site which prevents proper drainage to the attention of the
Architect in writing for corrections before work proceeds.
·
CONCl~ETE PAVING SECTION 02515
SECTION 02515
h. All Construction: Conform to current applicable codes and
ordinances.
i. Coordinate placement of embedded items to avoid block-outs
and cutting in finished work.
1.04 SUBMITTALS
a. Submit manufacturer's certification that materials meet
specification requirements.
b. Submit concrete mix design.
1.05. PACKAGING, DELIVERY~ STORAGE AND HANDLING
a. Deliver packaged materials in manufacturer's original,
unopened containers bearing manufacturer's name and brand.
b. Protect materials delivered against inclusion of foreign
matter.
c. Store materials in dry location and protect against water.
1.06 JOB CONDITIONS
a. Inspection:
1._ Examine areas for conditions under which work is to be
performed. Report in writing to Architect all
conditions contrary to those shown on the drawing or
specified herein and all other conditions that will
affect satisfactory execution of work such as
improperly constructed substrates or adjoining work.
Do not proceed with work until unsatisfactory
conditions have been corrected.
2. Start of work constitutes acceptance of the conditions
under which work is to be performed. After such
acceptance, be responsible for correcting all
unsatisfactory and defective work resulting from such
unsatisfactory condition at own expense.
b. Do not start work until temperature is at least 50 degrees F
and rising, or if rain is predicted within eight hours.
c. Owner will select a qualified testing laboratory to take
samples for testing during the course of the work as
considered necessary. Cost of such test will be paid for by
Owner. Cooperate in making tests and be responsible for
notifying.the designated laboratory in sufficient time to
allow taking of sample at time of placement.
d. If test shows that concrete is below specified strength,
remove all such concrete, as directed by Architect. Pay for
removal of low strength concrete and its replacement with
concrete of proper specified strength and testing.
CONCRETE 'PAVING SECTION 02515 z
SECTION O2515
· PART 2 PRODUCTS
2.01 MATERIALS
a. cement: Shall conform to ASTM C-150-89, Type II, low
alkali.
O b. Concrete: Shall be 2500 psi, Class B, 5.25 sack mix unless
otherwise indicated; conforming to Section 90 of the State
Standard Specifications.
c. Aqqreqate: Shall be i inch maximum, conforming to ASTM C-
33-86.
d. Water/cement ratio: Shall not exceed 7.6 gals./sack cement.
~ e. Reinforcing: Shall conform to ASTM A-615, Grade 40,
deformed bars or smooth dowels.
f. Curing Compound: Shall conform to AASHTO Des. M148, Type 2,
Class A, white pigmented, except the loss of water .in the
water retention test should not exceed 0.04 grams per square
centimeter of surface.
· g. Preformed Joint Filler: Shall conform to ASTM D-1751-83 or
ASTM D-994-82, 1/2 inch thick unless otherwise indicated.
h. Water: Shall be clean and free from deleterous acids,
alkali, oil, and organic matter, and shall be potable.
i. Slump: Maximum slump shall be 4", conforming to ASTM C-143-
89.
· j. Form Release: Shall be a 1004 chemically reactive release_
agent conforming to Corps of Engineers CEGS-03300, Section
10.8.. Form oil, diesel oil or kerosene not allowed.
PART 3 EXECUTION
· 3.01 SUBGRADE PREPARATION
a. Subqrade for the curb~ qutter, fire-lane, valle¥-qutters,
concrete paving and sidewalks: Grade to plus or minus 0.1
feet. Compact all subgrade on which concrete is to be
placed to a depth of 6 inches to a relative compaction of 90
~ percent prior to placing of any concrete.
b. Protect the subqrade from damage after the preparation has
been completed. This contractor shall be responsible for
all additional fine grading as required.
c. Test the completed subqrade for grade and cross section by
means of a template supported on side forms. Wet the
subgrade and forms thoroughly, immediately .in advance of
placing concrete.
3.02 FORMS
a. Forms: Shall be smooth on the side placed next to the
~ concrete, with a true smooth upper edge, and rigid enough to
withstand the pressure of fresh concrete without distortion.
·
CONCRETE PAVING SECTION 02515 3
SECTION 02515
b. All forms shall be thoroughly cleaned and coated with form
release to prevent the concrete from adhering to them.
Depth of face forms for concrete curbs, equal to the full
face height of the curb.
c. Carefully set forms to alignment and grade; conform to the
required dimensions. Hold forms rigidly in place by stakes.
Brace at 12" o.c. at plywood (5/8" min.) forms and 24" o.c.
at 2x forms. Use clamps, spreaders and braces where
required to insure rigidity in the forms.
d. Do not remove the form on the front of curbs in less than
one hour nor more than six hours after the concrete has been
placed. In no event shall forms be removed while the
concrete is sufficiently plastic to slump. Do not remove
side forms for gutters and sidewalks in less than 12 hours
after the finishing has been completed.
3.03 CURB AND GUTTER CONSTRUCTION
a. Expansion joints 1/2 inch wide shall be constructed in curbs
and gutters at $0 foot intervals, at each side of structures
and at the ends of curb returns. Expansion joints shall be
filled, with pre-molded joint filler conforming to the
provisions in State Standard Specifications, Section 51-
01.12C, "Premolded Expansion Joint Fillers". Expansion
joint filler shall be shaped to the cross section of the
curb and gutter. Contraction joints shall be constructed at
10 foot maximum spacing. Cut contraction joints minimum 1-
1/4 inch deep with a jointing tool after surface has been
finished. Joints shall be constructed at right angles to
the curb lines. Concrete shall be placed and compacted in
forms without segregation.
b. Prior to the removal of the forms, the surface shall be
finished true to grade by means of a straightedge float, not
less than 10 feet in length, operated longitudinally over
the surface of the concrete. Form clamps shall be so
constructed as not to interfere with the operation of this
float.
c. Immediately after removing the front curb forms, the face of
the curb shall be troweled smooth to the flow line of the
integral curb and gutter, and then finished with a steel
trowel. The top shall be finished and the front and back
edges rounded as shown on the plans.
d. After the face of the curb has been troweled smooth, apply a
final fine brush finish with brush strokes parallel to the
line of the curb. Give gutters a broom finish with strokes
parallel to the line of the gutter.
e. Top and face of the finished curb: Shall be of uniform
width, free from humps, sags or other irregularities. When
a straightedge 10 feet long is laid on the top of face of
1the curb or on the surface of gutters, the surface shall not
CONCRETE PAVING SECTION 02515
SECTION 02515
vary more than 0.01 foot from the edge of the straightedge,
except at grade changes or curves.
fo Depress curbs to provide entrances for driveways and
wheelchair ramps. The entrances shall be of the dimensions
shown on the plans.
g. Clean, at own expense, all discolored concrete. The
concrete may be cleaned by abrasive'blast cleaning or other
methods approved by the Architect.
h. Make repairs by removing and replacing the entire unit
between scoring lines or joints.
3.04 VALLEY GUTTER, CONCRETE PAVING AND SIDEWALKS
ao Fresh concrete shall be struck off and compacted until a
layer of mortar has been brought to the surface. The
surface shall be finished to grade and cross section with a
float, troweled smooth and finished with a broom. The float
shall not be less than 10 feet in length and not less than 6
inches in width. Brooming shall be transverse to the line
of traffic and, if water is necessary, it shall be applied
to the surface immediately in advance of brooming. Test all
valley gutters to prove conformance with Article 3.03 e.
b. Expansion joints 1/2 inch wide shall be constructed at all
turns and opposite expansion joints in adjacent curb. Where
curb is not adjacent, expansion joints shall.be constructed_.
at intervals of 30 feet. Expansion joints shall be filled
with pre-molded joint filler conforming to the provisions in
Section 51-1.12c, "Premolded Expansion Joint Fillers".
Contraction joints shall be constructed at 10 foot maximum
spacing. Cut contraction joints minimum 1-1/4. inch deep
· with a jointing tool after surface has been finished.
c. Where concrete borders are to be placed around or adjacent
to manholes, drop inlets, or other miscellaneous structures
in gutter depressions, island paving, or driveway areas,
such structures shall be constructed to final grade before
the borders are constructed.
3.05 CONCRETE FINISHES
Broom Finish: Texture with burlap bag on broom device to
produce a uniform, non-skid (broom) finish.
3.06 CONCRETE CURING
a. Spray the entire surface of the concrete uniformly with a
white pigmented curing compound. Should the film of
compound be damaged from any cause before the expiration of
72 hours, repair the damaged portions immediately with
· additional compound.
b. Surface so newly placed concrete to be cured by the
pigmented curing compound shall be kept moist or wet until
·
.CONCRETE PAVING SECTION 02515 5
SECTION 02515
the curing compound is applied and the curing compound shall
not be applied until all patching or surfacing finishing has
been completed.
c. The curing compound shall be delivered to the work in ready-
mixed form. At the time of use, the compound shall be in a
thoroughly mixed condition with the pigment uniformly
dispersed throughout the vehicle. The compound shall not be
diluted or altered in any manner.
d. Curing compound that has become chilled to Such an extent
that it is too viscous for satisfactory application shall be
warmed to a temperature not exceeding 100 degrees F.
e. Apply the curing compound to the exposed surface at a
uniform rate of one gallon per 150 square feet of area.
3.07 CLEAN UP
a. Upon completion of other work in buildings, all concrete
-paving. surfaces shall be swept clean and all mortar and
stains removed therefrom.
.b.. This Contractor shall remove from the premises all surplus
material, equipment and debris as a result of work in this
Section.
END OF SECTION
10/11/9o
CONCRETE PAVING SECTION 02515 6
SECTIO~ 15600
GENERAL MECHANICAL REQUIREMENTS
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL
1.01 GENERAL
a. The general provisions of the contract including General and
Supplementary Conditions apply to the work specified in this
Section.
b. It is mandatory that all bidders visit the site and inspect
the facilities before placing bid.
1.02 WORK INCLUDED
Furnish all labor, material and equipment required' to
complete the installation of the monitoring and detection
system as shown on the drawings and described in these
specifications, including all materials and labor not
specifically shown or mentioned, but necessary to make a
complete and operating system.
1.0S WORK NOT INCLUDED
a. General: The following work is specified elsewhere in these
specifications and shall be performed under the respective
Specification Section.
1. Concrete of any type unless specifically detailed and
noted on the drawings. All templates, dimensions, and
locations of anchor bolts shall be furnished under this
Section of the Specifications.
2. Carpentry of any kind unless specifically detailed and
noted on the drawings. Plywood backboard is within the
scope of Section 15600.
3. Painting of any kind unless specifically detailed and
noted on the drawings or described hereinafter in these
Specifications.
4. Electrical power conduit and wiring including final
connections.
1.04 CODES AND STANDARDS
a. Should the drawings or the specifications call for material
or methods of construction of a higher quality or standard
than required by applicable codes or standards, the
specifications and/or drawings shall govern.
·
GENERAL MECHANICAL REQUIREMENTS SECTION 15600
SECTION 15600
b. In addition to that specified in Section 0050!A, Public
Contract Code Requirements the following shall apply.:
1. California Code of Regulations
2. Title 8, Industrial Relations
3. Title 19, Public Safety
c. Uniform Building Code, 1988 Edition, State of California
1989 Amendments
d. Uniform Plumbing Code, 1988 Edition, State of California
1989 Amendments
eo National Electrical Code (NEC)
fo National Electrical Manufacturers Association (NEMA)
g. National Fire Protection Association (NFPA)
h. Underwriters' Laboratory (UL)
io Requirements of local, state, and federal enforcing
authorities may supersede requirements of these codes and
nothing in these plans and specifications shall be construed
to permit work not conforming to applicable codes.
jo Application instructions for authority to construct and
permit to' operate shall be completed and field by
Contractor. Contractor shall pay all filing fees which
shall be included in bid.
1.05 ACCEPTANCE OF WORK OF OTHERS
Before starting any work, thoroughly examine all existing
and newly completed underlying and adjoining work and
conditions upon which the installation of this work is in
any way dependent for the workmanship required by the
Contract Documents. Report to the Architect any and all
conditions which might adversely affect this work and limit
.ability to perform the required workmanship.
b. No "waiver of responsibility" for incomplete, inadequate, or
defective underlying or adjoining work will be considered by
the Architect unless written notice of such unsatisfactory
conditions has been filed by the Contractor and acceded to,
in writing, by the Architect prior to starting work in
question.
c. The beginning of work shall be construed as evidence of
acceptance of any existing or newly completed underlying
and/or adjoining work as being in proper condition to
receive or adjoin this work.
1.06 MANUFACTURER'S RECOMMENDATIONS
a. All material, equipment, and devices, etc., shall be
installed in a manner meeting approval of the
manufacturer of the particular item. The Contractor
shall make himself available of all installation
manuals, brochures, and procedures that the
manufacturer issues for the equipment and material.
Any proposed deviation from the manufacturer's
GENERAL MECHANICAL REQUIREMENTS SECTION 15600
SECTION 15800
installation recommendations shall be first accepted in
writing by the particular manufacturer. Contractor
shall be held responsible for all installations
contrary to the manufacturer's recommendations.
Contractor shall make ail necessary changes and
revisions to achieve such compliance. Manufacturer's
installation instructions shall be delivered to and
maintained at the job site throughout the construction
of the project.
1.07 SUBMITTALS Shall be per Section 01301.
1.08 EXCAVATION AND BACKFILLING
a. Excavation and backfilling for work to be done under this
Specification Section shall be done per Section 02200. All
underground lines outside buildings shall be 2'-0" minimum
cover. Width at top of pipe shall be 16" plus the outside
width of pipe or conduit.
b. Initial backfilling shall consist of 6" of sand. After
laying of pipe or conduit on initial backfill provide a
secondary backfill of sand to 12" above pipe or conduit.
Tertiary backfill shall consist of sandy or. silty loam.
Tertiary backfilling of trenches, etc., shall be in six inch
layers of dampened tamped earth. Each layer shall be tamped
separately in the manner subject to the Architect's
acceptance. Puddling will be permitted for backfill six (6)
feet or more outside the buildings, but not under paved
areas or at locations of electrical conduit.
c. Restoration of existing surfaces such as concrete, turf, or
asphalt, etc., shall be accomplished under other Divisions
of this soecification.
1.09 HANGERS AND SUPPORTS
a. Provide all hangers and supports for the proper installation
of equipment and materials under this Section of the
specifications.
bo Any structural element required to properly hang or support
piping, ducts, or equipment, etc., and not shown on the
Drawings shall be provided under this specification section.
1.10 CONTINUITY OF SERVICES
a. All existing services and systems shall be maintained except
for short intervals when connections are to be made. The
Contractor shall be responsible for any interruptions of
service and shall repair damage done to any existing service
caused by work.
b. Interruptions of existing services shall be coordinated with
and approved by ~he Panama-Buena Vista Union School
·
GENERAL MECHANICAL REQUIREMENTS SECTION .15600
SECTION 15600
District. Contact Mr. Gary Levey, Phone (805) @31-8331
Extension No. 103.
c. If utilities not indicated on the drawings are uncovered
during excavation, the Contractor shall notify the Architect
for further instructions. Contractor shall exercise extreme
care around existing tanks and between existing tanks and
pump island so as not to damage existing interconnecting
piping controls.
1.11 ELECTRICAL CONNECTIONS
a. All electrical power conduit, wiring, disconnects, and final
connections to equipment shall be provided under
Specification Division 16, Electrical.
b. Electrical Coordination:
1. Prior to commencing construction arrange a conference
with the electrical and mechanical trades as well as
equipment suppliers and verify types, sizes, locations,
voltage requirements, controls and diagrams of all
equipment furnished by them. In writing, inform the
Architect that all phases of coordination of this
equipment have been covered and if there are any
unusual conditions or problems they shall be enumerated
at this time.
1.12 FLASHING
a. Whenever any part of the Mechanical System(s) must penetrate
the roof or outside wall, the penetration must be done with
care and any openings shall be flashed and counter-flashed
absolutely water tight with minimum 24 gauge galvanized
sheet metal, prime coated.
1.13 SYSTEM IDENTIFICATION
a. Below Grade PipinG: Bury a continuous, pre-printed, bright
colored plastic ribbon marker with each underground pipe or
conduit. Locate directly over buried pipe, or conduit 6" to
8" below grade.
1.14 DEFINITIONS ~
a. Provide:
1. The term "provide" as used in these specifications or
on the drawings shall mean furnish and install.
b. pipinq and Conduit:
1. The term "piping'' and "conduit" as used in these
specifications or on the drawings shall mean all pipe,
conduit fittings, connectors and hangers, etc., as may
be required for a complete and functional system.
·
GENERAL MECHANICAL REQUIREMENTS SECTION 15600
SECTION 15600
· c. WirinG:
1. The term "wiring" shall include the provision of all
necessary products which are required for a complete
installation and shall include products such as
conduit, electrical boxes, connections, transformers,
relays and switches.
· d. In Ground and Below Grade:
1. The terms "in ground" and "below grade" are synonymous.
1.15 DRAWINGS
a. Because of the small scale of the drawings, it is not
· possible, to indicate all offsets, fittings, and accessories
that may be required. Carefully .investigate the field
conditions that could affect the work to be performed and
arrange such work accordingly. Provide the required piping
and conduit offsets, fittings, and accessories to meet such
· conditions.
1.16 MATERIALS AND EQUIPMENT
a. General: All materials and equipment shall be identified by
manufacturer's identification data. Unidentified material
or equipment shall be removed from'the site or provided with
· field applied, manufacturer approved, descriptive metallic
labels.
END OF SECTION
798
·
GENEi~AL MECHANICAL REQUIREMENTS SECTION 15600
ROBERT F. STUHR
ARCHITECT, INC.
Architecture Job No.:
Planning
Set No.:
3121 California Ave. , ......
Bakersfield,
California 93304
(805)-327-1632
·
FUEL TANK MONITORING SYSTEM AT BUS GARAGE
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BAKERSFIELD, KERN COUNTY, CALIFORNIA
ROBERT F. STUHR ARCHITECT, INC.
3121 California Avenue
Bakersfield, CA 93304
FUEL TANK MONITORING SYSTEM AT BUS GARAGE
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BAKERSFIELD, KERN COUNTY, CALIFORNIA
INDEX
DIVISION
SECTION DESCRIPTION
DIVISION 0 - BIDDING AND CONTRACT REQUIREHENTS
00021 Notice to Contractors Calling For Bids
00101 Information For Bidders
00301 Bid Form
00411 Bid Bond
00431 Designation of Subcontractors
00481 Noncollusion Affidavit To Be Submitted With Bid
00501 Agreement
00501A Public Contract Code Requirements
00611 Performance Bond for Public Works
00621 Payment Bond for Public Works
00625 Job Classification
00630 Substitution Warranty
00661 Contractor's Certificate Regarding Workers
Compensation
00662 Asbestos Certification
00701 General Conditions
00820 Certified Payroll Reports
00851 Contract Documents
DIVISION i - GENERAL REQUIREMENTS
01060' Regulatory Requirements
01301 Submittals
01402 Quality Control
01741 Guarantee
DIVISION 2 - SITE WORK
02200 Earthwork
02282 Vegetation Control
02513 Asphaltic Concrete Paving
02515 Concrete Paving
DIVISION 15 MECHANICAL
15600 General Mechanical Requirements
2/1/91
SECTION 00021
NOTICE TO CONTRACTORS C~TJ.ING FOR BIDS
PROJECT: FUEL TANK MONITORING SYSTEM AT BUS GARAGE
SCHOOL DISTRICT: PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BID DEADLINE: = o'clock =.M. of the = day of = 1991.
PLACE OF BID RECEIPT: Office of Panama-Buena Vista Union School
District, 4200 Ashe Road, Bakersfield, CA 93313
WHERE TO PICK UP PLANS: Office of Robert F. Stuhr Architect, Inc.
3121 California Avenue, Bakersfield, California 93304.
WHO MAY PICK UP PLANS: Contractors .holding the proper license,
designated in Sections 00021 and 00101, to perform the work of this
project (A license) may check out up to 3 sets of plans and
specifications for his use in preparing his bid. The plans must be
· returned within 48 hours after opening of bids.
Contractors holding an "A", "C-36", or "C-61 with a supplemental D-40"
licenses may check out a set of plans and specifications, subject to
recall after 7 calendar days. Deposit will be forfeit if recalled set
is not returned within 24 hours of notification to return plans or
within 48 hours after opening of bids.
If any contractor decides not to bid this project, he is requested to
return plans and specifications immediately.
DEPOSIT: A $100.00 deposit will be required for each set of bid
documents to guarantee their return in good condition as desribed
above.
The school district named above (DISTRICT) will receive sealed bids
for the award of a contract for the identified project up to, but not
later than the specified deadline. Bids received by the deadline
shall be opened and publicly read aloud at the time and place
indicated.
Each bid must conform and be responsive to the contract documents.
Each bid must be accompanied by the security referred to in the
contract documents and a list of proposed subcontractors.
The DISTRICT reserves the right to reject any or all bids and/or waive
any irregularities or informalities in any bids or in the bidding
process.
· The DISTRICT has determined the general prevailing rate of per diem
wages in the locality in which this work is to be performed for each
craft or type of worker needed to execute this contract. These rates
·
NOTICE TO CONTRACTORS SECTION 00021
- ·
SECTION OO02!
are on file at the district office, located at 4200 Ashe Road,
Bakersfield, CA 93313. Copies may be obtained on request. A copy of
these rates shall be posted at the job site.
The schedule of per diem wages is based upon a working day of eight
hours. The rate for holiday and overtime work shall be at least time
and one-half.
It shall be mandatory upon the contractor to whom the contract is
awarded (CONTRACTOR), and upon any subcontractor' under him, to pay not
less than the specified rates to all workers employed by them in the
execution of the contract. It is CONTRACTOR'S responsibility to
determine any rate change which may have or will occur during the
intervening period .between each issuance of written rates by the
Director of Industrial Relations.
No bidder may withdraw his bid or bid security for a period of sixty
(60) days after the date set for the opening of bids.
A payment bond and a performance bond will be required prior to
execution of the contract. The payment bond shall be in the form
called for in'the contract documents.
Pursuant to the provisions of ?ublic Contract Code Section 22500,
CONTRACTOR may substitute certain securities for any funds withheld by
DISTRICT to ensure his. performance under the contract. At the request
and expense of CONTRACTOR, 'securities equivalent to any amount
withheld shall be deposited, at the discretion of DISTRICT, with
either DISTRICT or a state or federally chartered bank, as the escrow
agent, who shall then pay any funds otherwise subject to retention to
CONTRACTOR. Upon satisfactory completion of the contract, the
securities shall be returned'to CONTRACTOR.
Securities eligible for investment 'shall include those listed in
Government Code Section 61430, bank and savings and loan certificates
of deposit, interest bearing demand deposit accounts, standby letters
of credit, or any other security mutually agreed to by CONTRACTOR and
DISTRICT. CONTRACTOR shall be the beneficial owner of any securities
substituted for funds withheld and shall receive any interest on them.
The escrow agreement shall be essentially similar to the one indicated
in the General Conditions..
To perform the work required by this Notice, CONTRACTOR must possess
the following type of contractor's license: State of California
Classification A.
GOVERNING BOARD
B~ Clerk of the Board
Publication Dates: =
'NOTICE TO CONTRACTORS SECTION 00021
·
SECTION 00101
INFOItHATION FOR BIDDE1Lg
1.01 PREParATION OF BID
The DISTRICT invites bids on the form supplied to be
submitted at the time and place stated in the Notice to
Contractors Calling for Bids. All blanks in the bid form
~ must be appropriately filled in, and all prices must be
stated in both words and figures. All bids must be
submitted in sealed envelopes bearing on the outside the
name and address of the bidder, and the name of the project
for which the bid is submitted. It is the sole
responsibility of the bidder to see that the bid is received
~ at the proper place and time. Any bid received after the
scheduled closing time for receipt of bids will be returned
to the bidder unopened.
1.02 BID SECURITY
· a. Each bid shall be accompanied by bidder's security in an
amount not less than ten percent of the maximum amount of
the bid. Bidder's security shall be in one of the following
forms:
1. Cash.
2. A cashiers check made payable to the school district.
~ 3. A certified check made payable to the school district.
4. A bidder's bond executed by an admitted surety insurer,
made payable to the school district. The admitted
surety insurer shall be a satisfactory corporate surety
rated A or better in Best's Guide.
· Personal sureties and unregistered surety companies are
unacceptable. The cash, check, or bidder's bond shall
be given as a guarantee that the bidder will execute
the contract, if it is awarded to him, in conformity
with the contract documents, and shall provide the
surety bond(s) and other required documents as
· specified within fourteen (14) days after notification
of the award of the contract to the bidder. The
security shall be forfeited to the District should the
bidder to whom the contract is awarded fail to execute
the agreement and provide the bonds and other documents
within fourteen (14) calendar days of award.
®
1.03 SIGNATURE
The bid must indicate the business name of the bidder and
bear the signature in longhand of the person or persons duly
authorized to sign the bid.
· INFORHATION FOR BIDDERS SECTION 00101 ]
SECTION 00101
1.04 MODIFICATIONS
Changes or additions to the bid form, recapitulations of the
work bid upon, alternative proposals, or any other
modification of the bid form which is not specifically
called for in the contract documents may result in the
DISTRICT'S rejection of the bid as not being responsive to
the invitation to bid. No oral, telephonic, or telegraphic
modification of any bid submitted will be considered.
1.05 ERASURES
The bid submitted must not contain any erasures,
interlineations, or other correction unless each correction
is suitably authenticated by affixing in the margin
immediately opposite the correction the signature or
signatures of the person or persons signing the bid.
1.06 EXAMINATION OF SITE AND CONTRACT DOCUMENTS
Each bidder shall visit the site of the proposed work and
fully acquaint himself with the conditions relating to the
construction and labor so that he may fully understand the
facilities, difficulties, and restrictions attending the
execution of the work under the contract. Bidders shall
thoroughly examine and be familiar with the drawings and
specifications. The failure or omission of any bidder to
receive or examine any contract document, form, instrument,
addendum, or other document, or to visit the site and
acquaint himself with the conditions there shall not relieve
any bidder from any obligations with respect to his bid or
to the contract. The submission of a bid shall be taken as
prima facie evidence of compliance with this section.
1.07 WITHDRAWAL OF BIDS
Any bidder may withdraw his bid either personally, by
written request, or by telegraphic request, confirmed in
writing postmarked prior to the scheduled closing time for
receipt of bids.
1.08 AGREEMENTS AND BONDS
The agreement form which the successful bidder, as
CONTRACTOR, will be required to execute, and the forms of
the payment and performance bonds which he will be required
to furnish prior to execution of the agreement, are included
in the contract documents and shall each be in the amount of
one hundred percent (100~) of the amount of the contract.
INFORFu%TION FOR BIDDERS SECTION 00101
SECTION 00101
1.09 INTERPRETATION OF PLANS AND DOCUMENTS
If any person is in doubt as to 'the true meaning of any part
of the contract documents, or finds discrepancies in or
omissions from the 'drawings and specifications, he may
submit to the ARCHITECT a written request for an
'interpretation or correction. The person submitting the
request shall be responsible 'for its prompt deltver~. Any
interpretation or correction of the contract documents will
be made only by addendum duly issued, and a copy of the
addendum will be mailed or delivered to each person
receiving a set of the con~ract documents. No oral
interpretation of any provision in the contract documents
will be made to any bidder.
1.10 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make,
file, or be interested in more than one bid for the same
work unless alternate bids are specifically called for. A
person, firm, or corporation that has submitted a
subproposal to a bidder, or quoted prices for materials to a
bidder, is not disqualified for that reason from submitting
a subproposal or quoting prices to other bidders or making a
prime proposal.
1.11 AWARD OF CONTRACT
The DISTRICT reserves the right to reject any or all bids,
and/or waive any irregularities or informalities in any bids
or in the bidding. The award of the contract, if made by
the DISTRICT, will be to the lowest responsible bidder.
1.12 ALTERNATES
If alternate bids are called for, the contract may be
awarded at the election of the governing board to the lowest
responsible bidder on the base bid, or on the base bid and
any alternate or combination of alternates.
1.15 EVIDENCE OF RESPONSIBILITY
Upon the request of the DISTRICT, a bidder whose bid is
under consideration for the award of the contract shall
submit promptly to the DISTRICT satisfactory evidence
showing the bidder's financial resource, construction
experience, and organization.
INFORMATION FOR BIDDERS SECTION 00101 3
SECTION 00101
1.14 LISTING SUBCONTRACTORS
Each bidder shall submit a list of the proposed
subcontractors on this project as required by the Subletting
and Subcontracting Fair Practice Act (Public Contract Code
Sections 4100, et seq.). Forms for this purpose are
furnished with the contract documents.
1.15 WORKERS' COHPENSATION
In accordance with the provisions of Section $700 of the
Labor Code, CONTRACTOR shall secure the payment of
compensation to his employees. CONTRACTOR shall sign and
file with DISTRICT the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and I will comply with
those provisions before commencing the performance of the
work of this contract." The form for this certificate is
included as a part of the contract documents.
1.16 LICENSE REQUIRED
To perform the work required by this Notice, CONTRACTOR must
possess the following type of contractor's license: State
of California A.
1.17 LIpUIDATED DAMAGES
Should the contractor fail to complete this contract within
the time limits fixed for such completion, or within the
time limits as may be extended' as provided elsewhere in
these contract documents, damages will be sustained by the
Owner. It is hereby understood and agreed that, pursuant to
the provisions of Government Code Section 53069.85,
contractor shall pay to the owner the sum stipulated in the
Bid Proposal for each and every day's delay beyond the time
limit specified or as may be extended, as and for liquidated
damages; and in case the contractor fails to make such
payment, the owner may deduct the amount thereof from any
money due or that may become due the contractor under the
contract.
END OF SECTION
9/1 /90
798
INFORHATION FOR BIDDERS SECTION 00101 ~
SECTION 00S01
BID FORM
· TO: Panama-Buena Vista Union School District
BID NO. 1
Pursuant to and in compliance with your Notice to Contractors Calling
for bids and related documents, the undersigned bidder, having
familiarized himself with the terms of the contract, the local
conditions affecting the performance of the contract, the cost of the
work at the place where the work is to be done, and the drawings and
specifications and other contract documents, proposes and agrees to
perform the contract within the time stipulated, incmuding all of its
component parts and everything required to be performed, and to
provide and furnish any and all of the mabor, materials, tools,
expendable equipment, and all applicable taxes, utility, and
transportation services necessary to perform the contract and complete
in a workmanlike manner all of the work required in connection with
the construction of IN-TANK LEAK DETECTION INTERSTITAL LEAK SENSING
AND VAPOR SENSING SYSTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL
· DISTRICT BUS GARAGE FACILITY, all in strict conformity with the
drawings and specifications and other contract documents, including
addenda nos. , , , , __, __, , , , on file
at the office of the ARCHITECT for the sum of:
DOLLARS ($ )
The bidder agrees that upon written notice of acceptance of this bid,
he will execute the contract and provide all bonds and other required
documents within fourteen (14) calendar days after the documents are
presented for execution.
· Attached is bid security in the amount of not'less than ten percent
(104) of the bid:
Bidder's Bond of the
(Name of Company)
in the amount of $.
cashier's Check of the
(Name of Bank)
Certified Check of the
(Name of Bank)
·
The bidder has carefully examined the plans and specifications for
this project prepared and furnished by the DISTRICT and'acknowledges
their sufficiency.
It is understood and agreed that the work under the contract shall be
· commenced by the bidder, if awarded the contract, five (5) days after
the date of the Notice to Proceed and that the project shall be
completed within $0 calendar days of that date. The undersigned
further agrees to pay to the Owner the sum of One Hundred Dollars
·
BID FORH SECTION 00301
SECTION 00301
($100.00) for each calendar day, including Saturdays, Sundays and
Holidays that the work remains uncompleted over the construction time
period of 30 days. This additional sum is agreed upon as the proper ·
measure of liquidated damages and is not to be construed as in any
sense a penalty.
NAME OF BIDDER:
(Type or Print)
FULL NAME OF
ALL PARTNERS
OR LEGAL NAME
OF CORPORATION:
(Type or Print)
BUSINESS ADDRESS:
(Type or Print)
TELEPHONE:
(Type or Print)
·
I declare under penalty o£ perjury that information provided and
representations made in this hid are true and correct and that this
declaration was executed on .
BY:
(Signature in ink) (Type or print name and title
under signature)
PRESIDENT OF
CORPORATION:
(Signature in ink) (Type or print name and title
under signature)
SECRETARY OF
CORPORATION
(Signature in ink) (Type or print name and title
under signature)
CALIFORNIA STATE
CONTRACTORS
LICENSE NO.
(Type or Print) Expiration Date
IN THE NAME OF:
(Type or Print Name)
TYPE OF LICENSE:
(Type or Print)
DATED:
[CORPORATE SEAL]
·
BID FORM SECTION 00301 2
SECTION 00411
BID BOND
Be advised that we
as Principal (~'Principal") and
a corporation duly organized under the laws of the State of
as Surety ("Surety") are firmly bound to
as Oblige. ("Obligee") in the sum of $ for the
payment of which the Principal and the Surety bind ourselves, our
heirs, executors, administrators, successors, and assigns, jointly and
severally, by this Bond.
The Principal has submitted a bid for
The condition of our obligation is this: if the Principal is awarded
the contract upon its proposal, and shall, within the required number
of days after the notice of award, execute a contract with the Obligee
in accordance with the contract documents, submit the required payment
and performance bonds, and provide all other required documents,'then
this obligation shall be null and void; but in the event that the
principal fails and/or refuses to execute and deliver those documents,
this bond will be charged with the costs of the damages experienced by
the Oblige. as a result of that refusal, including but not limited to,
publication costs, the difference in money between the amount of the
bid of the Principal and the amount for which the Obligee may legally
contract with another party to perform the work if the amount is in
excess of the former; building lease or rental costs, transportation
costs, professional service costs, and additional salary costs that
result from the delay due to the Principal's default on the awarded
contract. In no event, however, shall the surety's liability exceed
the penal sum indicated above.
The Surety, for value received, stipulates and agrees that its
obligations and its bond shall not be impaired or affected by any
extension of the time within which the Obligee may accept the bid; and
Surety waives, notice of any time extension·
DATED: PRINCIPAL
By
Title
DATED: SURETY
By
Titl'e
BID BOND SECTION 00411 I
$~CTIO~ 00431
DES.IGNATION OF SUBCONTRACTORS
Subcontractor and Location and Place
Portion of Work 4i,cense Number .... of Business
DESIGNATION OF SUBCONTRACTORS SECTION 00431 1
·
S~CT~ON 0043~
Respectfully submitted,
Firm:
By: ',
Address:
Telephone:
Contractor's License Number:
NOTE: The contract documents require that each subcontractor must
possess an appropriate contractors license issued by the
State of California.
DESIGNATION OF SUBCONTRACTORS SECTION 00431 2
SECTION 00,481
NONCOLLUSION AFFIDAVIT,, T0 .BE EXECUTED BY BIDDER ,.AND SUBMITTED WITH BID
State of California )
County of )
, being duly sworn, deposes and says:
That he or she is the (position)
of (name of bidder), the party making
the bid; that the bid is not made in the interest of, or on behalf of
any undisclosed person, partnership, company, association,
organization,., or corporation; that the bid is genuine and not
collusive of sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid,
and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other
bidder, or to fix any overhead, profit, or cost element of the bid
price', or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in
the proposed contract; that all statements contained in the bid are
true; and further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any price breakdown, or their
contents, or divulged relative information or data, or paid, and will
not pay, any fee to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
(Firm Name)
(Print Name - Authorized Agent)
(Signature - Authorized Agent)
Project Name
Subscribed and sworn to before me on , 19__
Notary Public
NOTARY SEAL
~ NONCOLLUSION AFFIDAVIT SECTION 00481 1
SECTION 00501
THIS AGREEMENT, dated the day of , lggl is entered
into between Panama-Buena Vista Union S¢hool District ("DISTRICT"),
and ("CONTRACTOR")°
For the consideration stated below, DISTRICT and CONTRACTOR agree as
follows:
1. The complete contract includes all of the "contract documents" as
defined in Article i of the General Conditions. The contract
documents are complementary, and what is called for by any one
shall be as binding as if called for by all.
2. CONTRACTOR shall perform everything required %o be performed, and
shall .provide and furnish all the labor, materials, necessary
tools, expendable equipment, and all utility and transportation
services required for construction of IN-TANK LEAK DETECTION,
INTERSTITAL LEAK SENSING AND VAPOR SENSING SYSPTEM AT THE PANAMA-
BUENA VISTA UNION SCHOOL DISTRICT BUS GARAGE FACILITY. All work
to be performed and materials furnished shall be in strict
accordance with the contract documents.
As full consideration for the faithful performance of the
contract, DISTRICT shall pay to CONTRACTOR, subject to any
additions or deductions as provided in the contract documents,
the sum of $, which is the total of the following amounts stated
in the bid form:
O 4. The work shall commence on the date stated in the DISTRICT'S
Notice to Proceed and shall be completed within 30 calendar days
from the date stated in the Notice to Proceed. The Notice shall
not be issued prior to five calendar days after the award of the
contract, and shall not require that work be commenced less than
five calendar days from the date of issuance of the Notice to
~ Proceed.
5. Payment of undisputed contract amounts is contingent upon
CONTRACTOR furnishing DISTRICT with a release of all claims
against the DISTRICT arising out of the contract payment. Any
disputed contract claim must be specifically excluded from the
~ operation of the release.
6. In accordance with Government Code Section 55069.85, for each
calendar day completion is delayed beyond the time allowed,
CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of per
calendar day, which shall be deducted from any payments due or to
~ become due to CONTRACTOR. Time extensions may be granted by the
DISTRICT as provided in the General Conditions.
· AGR~k~ENT SECTION 00501
SECTION 00501
In addition to any liquidated damages which may be assessed, if
the CONTRACTOR fails to complete the project within the time
period provided in the contract documents, and if as a result
DISTRICT finds it necessary to incur any costs and expenses (for
example, relating to the acquisition and use of facilities
pending completion of the project), Contractor shall pay all
those costs 'and expenses incurredc by District. These costs and
expenses may include, but are not limited to such items as rental
payments, inspection fees, and additional architectural fees
related to the acquisition of facilities. These costs and
expenses may be retained by District from any payments otherwise
due to Contractor.
7. During the life of this contract, CONTRACTOR shall take out and
maintain insurance as required by the General Conditions and in
the following amounts:
Owner's Protective Insurance $1,000,000.00
(The Owner and it's officers, agents and
employees and the Architect and the Architect's
Consulting Engineers and their employees may
be named as additional insureds on the
contractor's liability policy in lieu of a
separate policy)
Workers Compensation Statutory
General Liability $1,000,000.00 Combined Single Limit
(This may be on an "occurrence" or "claims made"
basis. If it is issued on a "claims made" basis,
the policy shall provide for a non-cancellable
5 year extended reporting period.)
Automobile Liability $1,000,000.00 Combined Single Limit per
Occurrence
"All Risk" insurance to the full insurable value of the work.
8. To perform the work required by this agreement, CONTRACTOR must
possess a Contractor's license.
The parties have executed this agreement by the signatures of their
authorized representatives on the dates indicated.
GOVERNING BOARD
PANAMA-BUENA VISTA UNION
SCHOOL DISTRICT
By
By, ~
Contractor's License Number
(Corporate Seal)
AGREEMENT SECTION 00501
SECTION 00501A
PUBLIC CONTRACT CODE
The following Supplemental Conditions apply to schoom projects and
are in addition to the General Conditions, Section 00701. Items in
this Section modify the General Conditions and shall take
precedence'thereover. Unaltered portions o.f the General Conditions
shall remain in effect.
Provisions of State of California Public Contract Code statues,
Article 1.5, Sections 20104 - 20104.8, cited below, are hereby made a
part of this Contract.
· ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS [NEW]
Section
20104. Application of article; inclusion of article in plans and
specifications.
20104.2 Claims; requirements.
· 20104.4 Procedures for civil actions filed to resolve claims.
20104.6 Payment by local agency of undisputed portion of claim;
inte=est on arbitration award or judgment.
20104.8 Duration of article; application of article to contracts
between Jan. 1, 1991 and Jan. 1, 1994.
· Article 1.5 was added by S~a~s. 1990, c. 2424 (A.B. 4265), § 2
Repeal
Article 1.5 ~s repealed by § 20204.8 on Jan. l, 1994.
§20104. Application of article; inclusion of article in pians and
specifications
(a) (1) This article applies to all public works claims cf
three hundred seventy-five thousand dollars ($S75,000)
or less which arise between a contractor and a loca2
· ~ agency.
(2) This article shall not apply to any claims resulting
from a contract between a contractor and a public
agency when the public agency has elected to resol,=
any disputes pursuant to Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2.
~ (b) (1) "Public work" has the same meaning as in Sections Si0D
and 3106 of the Civil Code, except that "public work"
does not include any work or improvement contracted for
by the state or the Regents of the University cf
California.
(2) "Claim" means a separate demand by the contractor for
· (A) a time extension, (B) payment of money or damages
arising from work done by or on behalf of the
contractor pursuant to the contract for a public work
and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled
to, or (C) an amount the payment of which is disputed
O by the local agency.
PUBLIC CONTRACT CODE SECTION O0501A 1
SECTION00501A
PUBLIC CONTRACT CODE
(c) The provisions of this ~rticle or a summary thereof shall be
set forth in the plans or specifications for any work which
may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
(Added by Stats. ~991, c. !4~.~ '~.B.4165), § 2)
Historical and Statutory Notes
1990 Legislation
Former § 20104 was renumbered § 20103.5 and amended by Stats. 1990, c.
1414 (A.B.4165), 1.
§20104.2. Claims; requirements
For any claim subject to this article, the following requirements
apply: '"
Additions or changes are indicated by underline; deletions by
asterisks. ~*
§20104.2
'(a) The claim shall De in writing and include the documents
necessary to substantiate the claim, claims must be filed
on or before the date 'of final payment. Nothing in this
subdivision is intended to extend the time limit or
supersede notice requirements otherwise provided by contract
for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars
($50,000), the local agency shall respond in writing to
any written claim within 45 days of 'receipt of the
claim, or may request, in writing, within 30 days of
receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims
the local agency may have against the claimant.
(2) If additional information is thereafter required, to
shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency
and the claimant.
(3) The local agency's written response to the claim, as
'further documented, shall be submitted to the claimant
within 15 days after receipt of the further
documentation or within a period of time no greater
than that taken by the claimant in producing the
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and
less .than or 'equal to three hundred seventy-five
thousand dollars ($375,000), the local agency shall
respond in writing to all written claims within 60 days
of receipt of the claim, or may request in writing,
within 30 days of receipt of the claim, any'additional
documentation supporting the claim or relating to
defenses or claims the local agency.may have against
the claimant.
PUBLIC CONTRACT CODE SECTION 00501A 2
SECTION 00501A
PUBLIC CONTRACT CODE
(2) If additional information is thereafter required, it
shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency
and the cl'aimant.
(3) The local agency's written response to the claim, as
further documented, shall be submitted to the claimant
within 30 days after receipt of the further
documentation, or within a period of time no greater
than that taken by the claimant in producing the
additional information or requested documentation,
whichever is greater.
(d) If the claimant disputes the local agency's written
response, or the local agency fails to respond within the
time prescribed, the claimant may so notify the local
agency, in writing, either within 15 days of receipt of t~e
local agency's response or within 15 days of the local
agency's'" failure to respond within the time 'prescribed,
respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a
demand, the local agency shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
(e) If following the meet and confer conference the claim or any
portion remains in dispute, the claimant may file a claim
pursuant to Chapter 1 (commencing with Section 900) and
Chapter 2 (commencing with Section 910) of Part 3 of
Division 8.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of
time within which a claim must be filed shall be tolled from
the time the claimant submits his or her written claim
pursuant to subdivision (a) until the time the claim is
denied, including any period of time utilized by the mee~
and confer conference.
(Added by Stats. 1990, c. 1414 (A.B.4165), § 2.)
20104.4 Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions
filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the
matter to nonbinding mediation unless waived by mutual
stipulation of both parties. The mediation process shall
provide for the selection within 15 days by both parties of
a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded
within 15 days from the commencement of the mediation unless
a time requirement is extended upon a good cause showing to
the court.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter
2.5 (commencing with Section 1141.10) of Title 3 of
Part $ of the Code of Civil Procedure, notwithstanding
Section 1141.!1 of that code. The Civil Discovery Act
PUBLIC CONTRACT CODE SECTION00501A 3
SECTION 00501A
PUBLIC CONTRACT CODE ~
of !988 (Article 3 (commencing with Section 20i6) of
chapter $ of Title $ of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under
this subdivision consistent with the rules pertaining
to judicial arbitration.
(2) In addition to chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part $ of the Code of Civil
Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party
appealing an arbitration award who does not obtain a
more favorable judgment shall in addition to payment of
costs and fees under that chapter, also pay the
attorney's fees on appeal of the other party.
(Added by Stats. 1990, c. 1414 (A.B.4165), § 2.)
§20104.6 Payment by local agency of undisputed portion of claim;
interest oD arbitration award or judgment
(a) No local agency shall fail to pay money as to any portion of
a claim which is undisputed except as otherwise provided in
the contract.
(b) In any suit filed under Section 20104.4; the local agency
shall pay interest at the legal rate on any arbitration
award or judgment. The interest shall begin to accrue on
the date the suite is filed in a court of law.
(Added by Stats. 1990,. c. 14!4 (A.B.4165), §2.)
§20104.8 Duration of article; application of article to contracts
between Jan. 1, 1991 and Jan. 1, 1994
(a) This article shall remain in effect only until January 1,
1994, and as of that date is repealed, unless a later
enacted statute, which is enacted before January 1, 1994,
deletes or extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract
entered into between January 1, 1991, and January 1, 1994,
which~ is subject to this article shall incorporate this
article. To that end, these contracts shall be subject to
this article even if this article is repealed pursuant to
subdivision (a).
(Added by Stats. 1990, c. 1414 (A.B.4165), § 2.)
PUBLIC CONTRACT CODE SECTION 00501A
SECTION 00611
PERForcE BOND
BE ADVISED THAT:
The Panama-Buena Vista Union School District of Kern County,
California ("District") has awarded to as Principal ("Principal") the
contract for the work described as follows:
IN-TANK LEAK DETECTION, INTERSTITAL LEAK SENSING AND VAPOR SENSING
SYSPTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT BUS GARAGE
FACILITY
The Principal is required to furnish a bond in connection with the
contract guaranteeing faithful performance;
We the undersigned Principal and Surety are held and firmly bound to
the District in the sum of , to be paid to the District; for which
payment we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by this Bond.
~ The condition of this bond is this: that if the Principal, its heirs,
executors, administrators, successors, or assigns, well and truly
perform the covenants, conditions, and agreements in the contract and
any alterations made as provided in it, at the time and in the manner
specified, and indemnifies and holds harmless the District, its
officers, and agents, as stipulated in the contract, then this
· obligation shall become null and void; otherwise it shall remain in
full force and effect.
The surety, for value received, stipulates and agrees that no change,
extension of time, alteration, or addition to the terms of the
contract or the work to be performed or the specifications shall in
· any way affect its obligation on this bond, and it waives notice of
any change, extension of time, alteration, or addition to the terms of
the contract, the work, or the specifications.
AS WITNESSES, we have affixed our signatures and seals this day
of , 19 .
~ PRINCIPAL
(Principal Seal)
By.
Title
~ SURETY
(Surety Seal)
By.
Title
· Name, Address & Telephone No.
of California Agent of Surety
SECTION 00621
PAYMENT BOND FOR PUBLIC WORKS
BE ADVISED THAT:
The PANAMA-BUENA VISTA UNION SCHOOL DISTRICT of Kern County,
California ("DISTRICT") by appropriate action, has awarded to as
Principal ("PRINCIPAL,') the contract for the work described as
follows:
IN-TANK LEAK DETECTION, INTERSTITAL LEAK SENSING AND VAPOR SENSING
SYSPTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT BUS GARAGE
FACILITY
The Principal is required by Chapter 7 (commencing at Section 3247) of
the California Civil Code to furnish a bond in connection with the
contract;
THEREFORE, we, the PRINCIPAL and
as Surety, are held and firmly bound unto the DISTRICT in the penal
sum of $ , lawful money of the United States of America
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by this bond.
The condition of this obligation is that if the PRINCIPAL, his or its
subcontractors, heirs, executors, administrators, successors, or
assigns, shall fail to pay any of the persons named in Section 3181 of
the California Civil Code, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the
contract, or for any amounts required to be deducted, withheld, and
paid over to the Franchise Tax Board from the wages of employees of
the contractor and his subcontractors pursuant to Section 18806 of the
California Revenue and Taxation Code, with respect to their work and
· labor, the surety or sureties will pay for them, in an amount not
exceeding the sum specified above, and also, in case suit is brought
upon this bond, all litigation expenses incurred by the DISTRICT,
including reasonable attorneys' fees, court costs, expert witness
fees, and investigation expenses.
This bond shall inure to the benefit of any of the persons named in
Section 3181 of the California Civil Code, so as to give a right of
action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall
· not be exonerated or released from the obligation of this bond by any
change, extension of time for performance, addition, alteration or
modification in, to, or of any contract, plans, specifications, or
agreement pertaining or relating to any scheme or work of improvement
described above or pertaining or relating to the furnishing of labor,
materials, or equipment for it, nor by any change or modification of
any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement described
·
PAYMENT BOND 00621 '1
SECTION 00621
above, nor by any rescission or attempted resciSsion of the contract,
agreement or bond, nor by any conditions precedent or subsequent in
the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under the contract or agreement or under
the bond, nor by any fraud practiced by any person other than the
claimant seeking to recover on the bond and that this bond shall be
construed most strongly against the Surety and in favor of all persons
for whose benefit it is given, and under no circumstances shall Surety
be released from liability to those for whose benefit the bond has
been given, by reason of any breach of contract between the owner or
DISTRICT and original contractor or on the part of any obligee named
in the bond, but the sole conditions of recovery shall be that
claimant is a person described in Section 3181 of the California Civil
Code, and has not been paid the full amount of his claim and that
Surety waives notice of any change, extension of time, addition,
alteration, or modification mentioned above.
Any claim under this bond may be addressed to:
(Name, 'Address & Telephone Number
of Surety)
(Name, Address & Telephone Number
of Agent or Representative)
AS WITNESSES, we have affixed our signatures and seals this
day of , 19 .
(Principal Seal) PRINCIPAL
By:
Title:
(Surety Seal) SURETY
By:
Title:
PAYMENT BOND 00621 2
SECTION 00625
JOB CLASSiFiCATiON
The following Supplemental Conditions apply to school projects and are
in addition to the General Conditions, Section 00701. items in this
Section modify the General Conditions and shall take precedence
thereover. Unaltered portions of the General Conditions shall remain in
effect.
1.01 The successful General Contractor shall submit a list of
trades to be employed on this project for purposes of
compliance with wage posting requirements. This list shall be
delivered to the Architect with the executed Agreements, Bonds
and insurance Certificates.
1.02 if other trades are subsequently required, notice must be
given to the District one week prior to the start of their
work so that wage rates for these trades might be posted.
END OF' SECTION
3/18/91
· JOB CLASSIFICATION SECTION 00625
SECTION 00630
SUBSTITUTION WARRANTY
In addition to other requirements, Contractor shall warrant in writing
that substituted materials shall perform as specified, and assume
complete responsibility for same, including responsiblity and costs
requried for modifications to building or other materials or
equipment, and any additional coordination with work of other trades.
Testing, if required, shall be paid by Contractor. The following is an
example of the type of Substitution warranty which shall be executed
by the Contractor, on his own letterhead.
SUBSTITUTION WARRANTY
We propose to provide
(Describe items being proposed for substitution)
for in lieu of and as
(List project name)
an equivalent to
(Describe specified product)
as indicated on the drawings and described in Section
of the Specific ations.
We agree to assume the cost of any modifications to other portions of
the work as necessary to accommodate our material (s) and system(s).
We hereby warrant that
(Provide description)
is the equivalent of
(Specified product)
in every respect and will'perform satisfactorily under the conditions
and use indicated on the Drawings and described in the Specifications
Signed: Date
(Manufacturer/Supplier/Other)
Signed: Date (Subcontractor)
Signed: Date (Contractor)
NOTE: Affix Corporate Seal over Signatures.
SUBSTITUTION WARRANTY SECTION 00630
SECTION O0661
CONTRACTOR'S CERTIFICATE REGARDING WORKERS COMPENSATION
Labor Code Section 3700 provides:
"Every employer except the State and all political subdivisions
or institutions thereof, shall secure the payment of compensation
in one or more of the following ways:
"(a) By being insured against liability to pay compensation in
one or more insurers duly authorized to write compensation
insurance in this State.
"(b) By securing from the Director of Industrial Relations a
certificate of consent to self-inSure, which may be given
upon furnishing proof satisfactory to the Director of
Industrial Relations of ability to self-insure and to pay
any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for Workers
Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with those provisions
before commencing the performance of the work of this contract.
CONTRACTOR
By.
Title
(in accordance with Article 5 £commencing at Section 1860], Chapter 1,
Part ?, Division 2 of the Labor Code, this certificate must be signed
and filed with the awarding body prior to performing any work under
this contract.}
REGARDING WORKERS COMPENSATION SECTION 00661
SECTION 00662
ASBESTOS CERTIFICATION
PART 1 PRODUCTS OR MATERIALS
a. The General Contractor agrees that asbestos-containing
products or materials will not be used or substituted in
performing the work of this project.
b. At the completion of the work of this project, the
General Contractor will certify in writing to the Owner
that to the best of the General Contractor's knowledge,
no asbestos-containing products or materials were used or
substituted in performing work of this project.
END OF SECTION
ASBESTOS CERTIFICATION SECTION 00662
CONTRACTOR'S CERTIFICATE REGARDING USE OF ASBESTOS CONTAINING
MATERIALS
Date
To: Panama-Buena Vista Union School District
IN-TANK LEAK DETECTION, INTERSTITAL LEAK SENSING AND VAPOR
SENSING SYSPTEM AT THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
BUS GARAGE FACILITY
Project
The undersigned hereby certifies that no asbestos-containing
products or materials were used in the construction of the above
project.
Contractor
By
Title
SECTION 00701
~EN~ COI~ITIONS
TABLE OF CONTENTS
ARTICLE PAGE
I DEFINITIONS ............................................
2. DRAWINGS AND SPECIFICATIONS ...... · ....................... 3
S. COPIES FURNISHED ........................................ 4
4. OWNERSHIP OF DRAWINGS ................................... 4
5. DETAIL DRAWINGS AND SPECIFICATIONS ...................... 5
6. EXTENSION OF TIME ....................................... 5
7. PROGRESS SCHEDULE ....................................... 5
8 PERFORMANCE/PAYMENT BONDS ' 5
9. ASSIGNMENT ................. ' ............................. 6
10. CLAIMS FOR DAMAGES ...................................... 6
11. SEPARATE CONTRACTS ...................................... 6
12. SUBCONTRACTING .......................................... 7
13. DISTRICT'S RIGHT TO TERMINATE CONTRACT .................. 8
15. NOTICE AND SERVICE ..................................... 10
16. WORKERS ................................................ 10
17. WAGE RATES ............................................. 11
18. APPRENTICES ............................................ 12
19. HOURS OF WORK .......................................... 12
20. WORKERS' COMPENSATION INSURANCE ........................ 13
21. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE ......... 15
22. PROPERTY INSURANCE ..................................... 13
23. PROOF OF INSURANCE ..................................... 14
24. LAWS AND REGULATIONS ................................... 14
25. PERMITS AND LICENSES ................................... 14
SURVEYS ................................................
27. EXCISE TAXES ........................................... 15
28. INDEMNIFICATION ........................................ 15
29. MATERIALS .............................................. 15
30. SUBSTITUTIONS .......................................... 16
$1. SHOP DRAWINGS .......................................... 17
32. SAMPLES ................................................ 18
33. COST BREAKDOWN AND PERIODICAL ESTIMATES ................ 18
34. PAYMENTS ............................................... 19
35. PAYMENTS WITHHELD ...................................... 19
36. CHANGES AND EXTRA WORK ................................. 20
37. DEDUCTIONS FOR UNCORRECTED WORK ........................ 22
38. PAYMENTS BY CONTRACTOR ................................. 22
39. CONTRACTOR'S SUPERVISION ............................... 22
40. DOCUMENTS ON WORK ...................................... 23
41. UTILITIES .............................................. 23
42. SANITARY FACILITIES .................................... 23
43. PROTECTION OF WORK AND PROPERTY ........................ 24
44. LAYOUT AND FIELD ENGINEERING ........................... 25
45. CUTTING AND PATCHING ................................... 25
GENERA/. CONDITIONS SECTION 00701
46. CLEANING UP ............................................ 26
47. CORRECTION OF WORK BEFORE FINAL PAYMENT ................ 26
48. ACCESS TO WORK .......................................... 27
49. OCCUPANCY .............................................. 27
50. DISTRICT'S INSPECTOR ................................... 27
51. TESTS AND INSPECTIONS .................................. 28
52. SOILS INVESTIGATION REPORT ..' ........................... 29
55. ARCHITECT'S STATUS ..................................... 29
54. PROVISIONS REQUIRED BY LAW DEEMED INSERTED ............. 29
55. UTILITIES: REMOVAL, RESTORATION ....................... 29
56. NONDISCRIMINATION ...................................... 30
57. USE OF ASBESTOS MATERIALS/PRODUCTS ......................
58. SUBSTITUTION OF SECURITIES ............................. 31
59. CONTRACT CLOSEOUT ...................................... 31 ·
SECTION 00701
GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Action of the governinq board is a vote of a majority
of the membership in a lawful meeting.
b. Approval means written authorization by Architect or
District for specific applications within the Contract.
c. As shownl as indicated, as detailed refer to drawings
accompanying the specifications.
d. Contract, contract documents include all contract
documents, including: Notice to Contractors Calling
for Bids, Information for Bidders, Bid Form,
Designation of Subcontractors, Certificate Regarding
Workers' Compensation, Performance Bond, Payment Bond,
Insurance Policies, General Conditions, Supplementary
General Conditions, if any, Drawings, Plans,
Specifications, the Agreement, and all modifications,
addenda, and amendments.
e. Contractor, District, or Owner are those mentioned as
such in the Agreement ("CONTRACTOR," "DISTRICT").
"Owner" means "DISTRICT". Throughout the contract
documents they are treated as if they are of singular
number and neuter gender.
f. Locality in which the work is performed means the
county in which the public work is performed.
g. Project is the undertaking planned by DISTRICT and
CONTRACTOR as provided in the contract documents.
h. Provide includes "provide complete in place," that is,
"furnish and install."
io Safety orders include those issued by the Division of
Industrial Safety and OSHA Safety and Health Standards
for Construction.
j. Subcontractor includes those having a direct contract
with the CONTRACTOR and those who furnish material
worked to a special design according to plans,
drawings, and specifications of this work, but does not
include those who merely furnish material not so
worked.
k. Surety is the firm, or corporation executing the
CONTRACTOR'S Performance Bond and Payment Bond as
surety.
1. Work of the CONTRACTOR or subcontractor includes labor
or materials (including without limitation, equipment
and appliances) or both, incorporated in, or to be
incorporated in the construction covered by the
complete Contract.
ARTICLE 2. DRAWINGS AND SPECIFICATIONS
a. The contract documents are complementary, and what is
required by one shall be as binding as if required by
SECTION 00701
" all. The contract is intended to include all labor and
materials, equipment, and transportation necessary for
the proper execution of the work. Except as otherwise
expressly provided in these "Seneral Conditions",
materials or work described in words which have a well
known technical or trade meaning Shall be deemed to
refer to those recognized standards.
b. Interpretations. Figured dimensions on drawings shall
govern, but work not dimensioned shall be as directed.
Work not particularly shown or specified shall be the
same as similar parts that are shown or specified.
Large scale details as to shape and details of
construction shall take precedence over smaller scale
drawings. Specifications shall govern as to materials,
workmanship, and installation procedures. Drawings and
specifications are intended to be fully cooperative and
to agree. However, if CONTRACTOR observes that the
drawings and specifications are in conflict, CONTRACTOR
shall promptly notify the Architect in writing. The
specification calling for any higher quality material
or workmanship shall prevail.
Questions regarding interpretation of drawings and
specifications shall be clarified by the Architect.
Should' the CONTRACTOR commence work on any part without
seeking clarification, CONTRACTOR waives any claim for
extra work or damages as a result of any ambiguity,
conflict, or lack of information.
c. Execution of the contract by the CONTRACTOR is a
representation that the CONTRACTOR has visited the
site, become familiar with local conditions under which
the work is to be performed; and correlated personal
observations with requirements of the contract
documents.
d. Organization of the specifications into divisions,
sections, and articles, and arrangement of drawings
shall not control the CONTRACTOR in dividing the work
among subcontractors or in establishing the extent of
work to be performed by any trade.
ARTICLE $. COPIES FURNISHED
CONTRACTOR will be furnished 10 copies of the drawings
and specifications free of charge. Additional copies
may be obtained for the cost of reproduction.
ARTICLE 4. OWNERSHIP OF DRAWINGS
All drawings, specifications, and other contract
documents, and copies furnished by DISTRICT, are the
property of DISTRICT. They shall not be used by anyone
other than DISTRICT in any other work, and with the
SECTION 00701
" exception of signed contract sets, are to be returned
to DISTRICT upon completion of the project.
ARTICLE 5. DETAIL DRAWINGS AND SPECIFICATIONS
a. In case of ambiguity, conflict, or lack of information,
Architect shall furnish additional instructions or
drawings, as the case may be, with reasonable
promptness. All those drawings and instructions shall
be consistent with this contract.
b. Work shall be executed in conformity with those
drawings and specifications, and CONTRACTOR shall do no
work without proper drawings and instructions.
ARTICLE 6. EXTENSION OF TIME
Liquidated damages shall not be imposed because of any
delays in completion of work due to unforeseeable
causes beyond the control and without the fault or
negligence of CONTRACTOR, including but not limited to:
acts of God, acts of government, acts of DISTRICT or
anyone employed by it, or acts of another contractor
engaged in the performance of a contract for DISTRICT,
fires, floods, epidemics, quarantine restrictions,
strikes, unusually severe weather, or delays of
subcontractor due to those causes. Within 10 days of
the beginning of any delay (unless DISTRICT grants in
writing a further period of time to file notice prior
to date of final settlement of the contract),
CONTRACTOR shall notify DISTRICT in writing of the
causes for the delay. DISTRICT shall then ascertain
the facts and extent of the delay and may, in its sole
discretion, grant an extension of time for completing
the work. The DISTRICT'S findings of fact regarding
any demay shall be final and conclusive, and binding on
both parties.
ARTICLE 7o PROGRESS SCHEDULE
Immediately after being awarded the contract,
CONTRACTOR shall prepare an estimate progress schedule
and submit it within 7 calendar days to the DISTRICT
through the Architect for review. The schedule shall
indicate the beginning and completion dates of all
phases of construction.
ARTICLE 8. PERFORMANCE/PAYMENT BOND
Unless otherwise specified in any Special Conditions,
CONTRACTOR shall furnish a performance bond in an
amount equal to 100 percent of the contract price and a
payment bond in an amount equal to 100 percent of the
SECTION 00701
contract price. All bonds for projects over
$5,000,000.00 shall be provided by a corporate surety
authorized to transact business in California and rated
A or A+ in the current Best's Key Rating Guide. Bonds
for projects under $5,000,000.00 may be'accomponied by
sureties that are "Treasury listed and reinsured by a
legally admitted reinsurer in the state of California".
personal sureties and unregistered sureties are
unacceptable.
ARTICLE 9. ASSIGNMENT
CONTRACTOR shall not assign all or any part of this
contract without the prior written consent of DISTRICT.
Any assignment of money due or to become due under this
contract shall be subject to a prior lien for services
rendered or materials supplied to perform the work
required by this contract.
ARTICLE 10. CLAIMS FOR DAMAGES ~--,
If CONTRACTOR claims compensation for any damage
allegedly sustained by reason of any acts of DISTRICT
or its agents, CONTRACTOR shall submit to the Architect
a written statement of the damage sustained within five
days after sustaining the damage. On or before the
15th day of the month after the month in which the '--
damage was sustained, CONTRACTOR shall file with
DISTRICT an itemized statement indicating the factual
basis in support of its claim and the amount of damage.
If CONTRACTOR fails to comply with the provisions of
this Article concerning the submission of a statement,
its claim for compensation shall be forfeited and
invalidated and it shall not be entitled to
consideration for payment on account of any damage.
ARTICLE 11. SEPARATE CONTRACTS
a. DISTRICT reserves the right to let other 'contracts in
connection with this work. CONTRACTOR shall afford
other contractors reasonable opportunity for
introduction and storage of their materials and
execution of their work, and shall coordinate its work
with those other contractors.
b. If any part of CONTRACTOR'S work depends upon work of
any other contractor for proper execution or results,
CONTRACTOR shall inspect and promptly report in writing
to Architect any defects in the work' that render it
unsuitable for proper execution or results.
CONTRACTOR'S failure to inspect and report shall
constitute its acceptance of any other contractor's
work as fit and proper for reception of its work except
SECTION 00701
as to defects which may develop in another contractor's
work after execution o£ this work.
c. To ensure proper execution of CONTRACTOR'S subsequent
work, CONTRACTOR shall measure and inspect work already
in place and shall report in writing to the Architect
any discrepancy between executed work and this
contract.
d. CONTRACTOR shall ascertain to CONTRACTOR'S satisfaction
the scope of the project and nature of any other
contracts that have been or may be awarded by DISTRICT
in connection with the project, in order that
CONTRACTOR may perform this contract in the light of
any other contracts. Nothing contained in this
contract shall be interpreted as granting to CONTRACTOR
exclusive occupancy of the project site. CONTRACTOR
shall not cause any unnecessary hindrance or delay to
any other contractor working on the Project. If
simultaneous execution of any contract for the project
is likely to cause interference with performance of
some other contract or contracts, DISTRICT shall decide
which contractor shall cease work temporarily and which
contractor shall continue or whether work can be
coordinated so that the contractors may proceed
simultaneously. DISTRICT shall not be responsible for
any damage suffered or extra costs incurred by
CONTRACTOR resulting directly or indirectly from the
award or performance or attempted performance of any
other contract or contracts on the project, or caused
by any decision or omission of DISTRICT regarding the
order in performing the contracts.
ARTICLE 12. SUBCONTRACTING
a. CONTRACTOR agrees to bind every subcontractor by the
terms of this contract as far as the terms are
applicable to the subcontractor's work. If CONTRACTOR
subcontracts any part of this contract, CONTRACTOR
shall be responsible to DISTRICT for any acts and
omissions of its subcontractors and of persons either
directly or indirectly employed by its subcontractors.
Nothing contained in' this contract shall create any
contractual relationship between any subcontractor and
DISTRICT.
b. DISTRICT'S consent to or approval of any subcontractor
under this contract shall not in any way relieve
CONTRACTOR of its obligations under this contract, and
no such consent or approval shall be deemed to waive
any provision of this contract.
Co The submission or addition of subcontractors shall be
permitted only as authorized by Public Contract Code
Sections 4100, et seq.
S~CTION 00701
d. All subcontractors shall be appropriately licensed to
perform the work for which employed in conformity with
the laws of the State of California.
e. The Contractor shall submit to the Architect a complete
list of subcontractor's names, addresses and phone
numbers at commencement of work. This list must be
submitted in quadruplicate.
ARTICLE 13. DISTRICT'S RIGHT TO TERMINATE CONTRACT
a. If CONTRACTOR refuses or fails ko pursue the work, or
any part, with sufficient diligence to ensure its
completion within the time specified, or any extension,
or fails to compete the work within the time required,
or if CONTRACTOR should be adjudged a bankrupt, or if
it should make a general .assignment for the benefit of
its creditors, or if a receiver should be appointed on
account of its insolvency, or if CONTRACTOR should
persistently or repeatedly refuse or 'fail to supply
enough properly skilled workers or proper materials to
complete the work in the time specified, except in
cases for which extension of time is provided, or if
CONTRACTOR should fail to make prompt payment to
subcontractors or for material or labor, or
persistently disregard laws, ordinances, or
instructions of DISTRICT, or if CONTRACTOR or its
subcontractors should violate any of the provisions of ~
this contract, DISTRICT may serve written notice of its
intention to terminate this contract upon CONTRACTOR
and its surety, without prejudice to any other right or
remedy. The notice shall contain the reasons for
termination. Unless the condition or violation ceases
and arrangements satisfactory to DISTRICT for
correction are made within 10 days after the service of
the notice, this contract shall terminate upon the
expiration of 10 days. In that case, CONTRACTOR shall
not be entitled to receive any further payment until
the work 'is completed. In the event of termination,
DISTRICT shall immediately serve written notice upon
surety and CONTRACTOR, and surety shall have the right
to take over and perform this contract, provided,
however, that if within~seven days after service upon
surety of the notice of termination, surety does not
give DISTRICT written notice of its intention to take
over and perform this contract, or does not commence
performance within 15 days after the date of service of
the notice of termination by DISTRICT on surety,
DISTRICT may take over .and complete the work by
contract or by any other method it deems advisable.
CONTRACTOR and its surety shall be liable to DISTRICT
for any excess cost or other damages incurred by
DISTRICT. If DISTRICT takes over the work, as provided
SECTION 00701
above, DISTRICT may take possession of and utilize in
completing the work any materials, appliances,
equipment, and other property belonging to the
CONTRACTOR on the work site necessary for completion
of the project without liability.
b. If the unpaid balance of the contract price exceeds the
expense of finishing the work, including without
limitation compensation for additional
architectural, managerial, inspection and
administrative services, the excess shall be paid to
CONTRACTOR. If the expense exceeds the unpaid balan
ce, CONTRACTOR shall pay the difference to DISTRICT.
Any expenses incurred by DISTRICT, and any damage
incurred through CONTRACTOR'S default, shall be
certified by the Architect.
c. These provisions are in addition to and not a
limitation on any other rights or remedies available to
the DISTRICT.
ARTICLE 14. GUARANTEE
a. In addition to any other guarantees provided in this
contract, CONTRACTOR shall guarantee all work for a
period of one year after the date of acceptance of the
work by DISTRICT. CONTRACTOR shall repair or replace
any work which may prove defective in workmanship
and/or materials, together with any other work which
may be displaced in so doing, within one year from the
date of acceptance without any expense to DISTRICT,
ordinary wear and tear, unusual abuse, or neglect
excepted. DISTRICT shall give notice of observed
defects with reasonable promptness. CONTRACTOR shall
notify DISTRICT upon completion of repairs.
b. In the event CONTRACTOR fails to commence and pursue
with diligence any replacements or repairs within one
week after being notified in writing, DISTRICT is
authorized to 'proceed to have any defects repaired at
the expense of CONTRACTOR and CONTRACTOR agrees to pay
the costs and charges immediately on demand.
c. If defective work creates a dangerous condition, in the
opinion of the DISTRICT, or requires immediate
correction or attention to prevent further loss to
DISTRICT or to prevent interruption of operations of
DISTRICT, DISTRICT shall attempt to give the notice
required by this article. If CONTRACTOR cannot be
contacted or does not comply with' the DISTRICT'S
request for correction within a reasonable time, as
determined by DISTRICT, without regard to the
provisions of this article DISTRICT may proceed to make
the correction or provide the attention, and the costs
of correction or attention shall be charged against
CONTRACTOR. Any action by DISTRICT shall not relieve
SECTION 00701
the CONTRACTOR of the guarantees provided in this
article or elsewhere in this contract.
d. This article does not in any way limit the guarantee on
any items for which a longer guarantee is specified, or
any items for which a manufacturer gives a guarantee
for a longer period. CONTRACTOR shall furnish DISTRICT
with all appropriate guarantee or warranty certificates
upon completion of the project.
ARTICLE 15 NOTICE AND SERVICE
Any notice from one party to the other under this
contract shall be in writing and shall be dated and
signed by the party giving the notice or by a duly
authorized representative of the party. Any notice
shall not be effective for any purpose unless served in
one of the following ways:
1. If notice is given to DISTRICT, it shall be given
by personal delivery to Architect or DISTRICT, or
by depositing it in the United States mail,
enclosed in a sealed envelope addressed to
DISTRICT for attention of the Architect, postage
prepaid and registered;
2. If notice is given to CONTRACTOR, it shall be
given by personal delivery to CONTRACTOR or to
CONTRACTOR'S Superintendent at the project site,
or by depositing it in the United States mail,
enclosed in a sealed envelope addressed to
CONTRACTOR at CONTRACTOR'S regular place of
business, or at any other address which may have
been established for the conduct of work under
this contract, postage prepaid and registered;
$. If notice is given to the surety or other person,
it shall be given by personal delivery to the
surety or other person, or by depositing it in the
United States mail, enclosed in a sealed envelope,
addressed to the surety or person at its address,
postage prepaid and registered.
ARTICLE 16 WORKERS
a. At all times, CONTRACTOR shall enforce strict
discipline and good order among its employees and shall
not employ any unfit person or anyone not skilled in
the work assigned.
b. Any person in the employ of the CONTRACTOR deemed by
DISTRICT to be incompetent or unfit shall be dismissed
from work and shall not be reemployed on the project
except with the written consent of DISTRICT.
SECTION 00701
ARTICLE 17 WAGE RATES
a. Pursuant to the provisions of Article 2 (commencing at
Section 1770), Chapter 1, Part 7, Division 2 of the
Labor Code of California, the governing body of the
DISTRICT has ascertained the general prevailing rate of
per diem wages for each craft, classification, or type
of worker needed to execute the contract in the
locality in which this public work is to be performed.
The general prevailing rates of per diem wages are
available at the DISTRICT office. In the event that
the listed or posted rates are in error, CONTRACTOR is
responsible to pay those rates determined to be
applicable by the Director of Industrial Relations, and
DISTRICT shall not be responsible for any damages
arising from the error.
b. When permitted by law, holiday and overtime work shall
be paid at a rate of .at least one and one-half times
the specified rate of per diem wages, unless otherwise
specified.
c. Each worker of the CONTRACTOR and any of its
subcontractors engaged in work on the project shall be
paid not less than the prevailing wage rate, regardless
of any contractual relationship which may be alleged to
exist between the CONTRACTOR or any subcontractor and
such workers.
d. Each worker needed to execute the work on the project
shall be paid travel and subsistence payments, as
defined in the applicable collective bargaining
agreements filed with the Department of Industrial
Relations, in accordance with Labor Code Section
1773.8.
e. As a penalty, the CONTRACTOR shall forfeit not more
than $50 for each calendar day any worker is paid less
than the established prevailing wage rates for the work
or craft in which the worker is employed by CONTRACTOR
on the project. The difference between the established
prevailing wage rates and the amount paid -to each
worker for each whole or partial calendar day for which
each worker was paid less than the established
prevailing wage rates, shall be paid to each worker by
the CONTRACTOR.
f. Any worker employed to perform work on the project
which is not covered by any classification available in
the DISTRICT office, shall be paid not less than the
minimum rate of wages specified for the classification
which most nearly corresponds with work to be performed
by him, and that minimum wage rate shall be retroactive
to the time of initial employment of the person in the
classification
SECTION 00701
" g. Pursuant to Labor Code Section 1773.1, per diem wages
are deemed to include employer payments for health and
welfare, pension, vacation, and similar purposes.
h. CONTRACTOR and each subcontractor shall keep or cause
to be kept accurate payroll records showing the name,
address, social security number, work classification,
straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee
employed by CONTRACTOR and/or each subcontractor in
connection with this public work. All payroll records
shall be made available for inspection as provided by
Labor Code Section 1776. It is the responsibility of
CONTRACTOR to comply with all the provisions of Labor
Code Section 1776.
i. At appropriate conspicuous points on the site of the
project, CONTRACTOR shall post a schedule showing all
determined minimum wage rates and all authorized
deductions, if any, from unpaid wages actually earned.
ARTICLE 18 APPRENTICES
Apprentices of any crafts or trades may be employed,
and when required by Labor Code Section 1777.5 shall be
employed, provided they are properly indentured to the
CONTRACTOR in full compliance with provisions of the
Labor Code. CONTRACTOR agrees that it will comply with
the provisions of Labor Code section 1777.5.
ARTICLE 19 HOURS OF WORK
a. As provided in Article 3 (commencing at Section 1810),
Chapter 1, Part 7, Division 2 of the Labor Code, eight
hours of labor shall constitute a legal day of work.
The time of service of any worker employed at any time
by the CONTRACTOR, or by any subcontractor on any
subcontract under this contract, upon the work or upon
any part of the work contemplated by this contract, is
limited and restricted to eight hours per day and forty
hours during any one week. Upon compmetion of all
hours worked in excess of eight hours per day, work
shall be permitted upon this project at not mess than
one and one-half times the basic rate of pay.
b. As a penalty, the CONTRACTOR shall pay $25 for each
worker employed by CONTRACTOR or by any subcontractor
in the performance of this contract for each calendar
day during Which the worker is required or permitted to
work more than eight hours in any calendar day and 40
hours in any one calendar week in violation of the
provisions of Article $ (commencing at Section 1810),
Chapter 1, Part 7, Division 2 of the Labor Code.
SECTION 00701
c. Any work performed after regular working hours or on
Sundays or other holidays shall be performed without
additional expense to DISTRICT.
ARTICLE 20. WORKERS' COMPENSATION INSURANCE
During the term of this contract, CONTRACTOR shall
provide workers' compensation insurance for all of
CONTRACTOR'S employees engaged in work under this
contract on or at the site of the project, and in case
any of CONTRACTOR'S work is sublet, CONTRACTOR shall
require the subcontractor to provide workers'
compensation insurance for all of subcontractor's
employees. Any class of employee or employees not
covered by a subcontractor's insurance shall be covered
by the CONTRACTOR'S insurance. In case any class of
employees engaged in work under this contract on or at
the site of the project is not protected under the
Workers' Compensation laws, CONTRACTOR shall provide or
cause a subcontractor to provide adequate insurance
coverage for the protection of those employees not
otherwise protected. CONTRACTOR shall file with the
DISTRICT certificates of insurance.
ARTICLE 21 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE
a. During the term of this contract, CONTRACTOR shal~
secure and maintain public liability and property
damage insurance, in amounts provided in the Agreement,
to protect CONTRACTOR, the DISTRICT and its officers,
agents, and employees, and the Architect and his
officers, agents and employees from all claims for
personal injury, including accidental death, as well as
from all claims for property damage arising out of
· CONTRACTOR'S performance of this contract.
b. CONTRACTOR shall require that any subcontractors secure
and maintain similar public liability and property
damage insurance in appropriate amounts.
ARTICLE 22. PROPERTY INSURANCE
CONTRACTOR shall purchase and maintain and cause to be
maintained "all risk" property insurance on all work
subject to loss or damage by fire. The amount of
property insurance shall be sufficient to protect
against loss or damage in full until the work is
accepted by DISTRICT.
ARTICLE 25. PROOF OF INSURANCE
CONTRACTOR shall not commence work or allow any
subcontractor to commence work under this contract
SECTION 00701
until CONTRACTOR has obtained all required insurance
and certificates which shall be delivered, in seven (?)
copies, to and approved by. the Architect. DISTRICT and
its officers, agents, and employees and the Architect
and his officers, agents and employees shall be named
as additional insureds in all insurance polices. If
the CONTRACTOR'S insurance company refuses to add the
DISTRICT and the Architect as additional insureds, a
separate Owner's Protective Insurance policy covering
the DISTRICT and the Architect shall be required.
1o Certificate and insurance policies shall include the
following clauE
CONTRACTOR shall not commence work or allow
any subcontractor to commence work under this
contract until CONTRACTOR has obtained all
required insurance and certificates which
shaml be delivered, in seven (7) copies, to
and. approved by the Architect. DISTRICT and
its officers, agents, and employees and the
Architect and his officers, agents and
employees shall be named as additional
insureds in all insurance polices. If the
CONTRACTOR'S insurance company refuses to add
the DISTRICT and the Architect as additional
insureds, a separate Owner's Protective
Insurance policy covering the DISTRICT and
the Architect shall be required.
2. Certificate and insurance policies shall include the
following clause:
"This policy shall not be cancelled
or reduced in required limits of liability or
amounts of insurance until notice stating date of
cancellation or reduction has been mailed to
DISTRICT. Date of cancellation or reduction may
not be less than 30 days after the date of mailing
the notice."
3. Certificates of insurance Shall state those
insured, extent of insurance, location and
operation to which the insurance applies,
expiration date, and cancellation and reduction
notice.
ARTICLE 24 LAWS AND REGULATIONS
CONTRACTOR shall give all notices and comply with all
laws, ordinances, rules, and regulations relating to
the work required by this contract. If CONTRACTOR
observes that the drawings and specifications are in
conflict, CONTRACTOR shall promptly notify Architect in
writing, and any changes deemed necessary by the
Architect shall be made as provided in the contract for
SECTION 00701
changes in work. If CONTRACTOR performs any work which
he knows, or through the exercise of reasonable care
should have known to be contrary to any laws,
ordinances, rules or regulations, and fails to notify
Architect, CONTRACTOR shall bear all costs arising from
the violations.
ARTICLE 25. PERMITS AND LICENSES
All necessary permits and licenses shall be secured and
paid for by CONTRACTOR, unless otherwise provided in
this contract.
ARTICLE 26 SURVEYS
The DISTRICT shall furnish' all surveys 'describing the
physical characteristics, legal limitations, and
utility locations for the site of the project, and a
legal description of the site upon written request from
the CONTRACTOR.
ARTICLE 27. EXCISE TAXES
If any transaction under this contract constitutes a
sale on which a federal excise tax is imposed under
federal excise tax law, and the sale is exempt from
such excise tax because it is a sale to a state or
local government for its exclusive use, upon request
the DISTRICT will execute a certificate of exemption
which will certify (1) that the DISTRICT is a political
subdivision of the State for the propose of such
exemption, and (2) that the sale is for the exclusive
use of the DISTRICT. No excise tax for materials shall
be included in any bid price.
ARTICLE 28 INDEMNIFICATION
CONTRACTOR shall indemnify and hold harmless DISTRICT
and its governing board, officers, agents and employees
and Architect and his officers, agents and employees
from and against any and all suits, actions, claims,
demands, damages, liabilities, costs and expenses,
including attorneys' fees and costs, arising out of or
in any manner related to any act, omission or
negligence of CONTRACTOR, or anyone acting under
CONTRACTOR'S direction, control, or on its behalf, in
connection with or incident to its performance of this
contract.
SECTION 00701
ARTICLE'2g MATERIALS
a. Except as otherwise specifically stated in this
contract, CONTRACTOR shall provide and pay for all
materials, labor, tools, equipment, water, light,
power, transportation, supervision, temporary
construction of every kind, and all other services and
facilities necessary to perform and complete this
contract within the time specified.
b. Unless otherwise specified, all materials shall be new
and of good quality.
c. Materials shall be furnished in ample quantities and at
times to ensure uninterrupted progress of the work and
shall be properly stored and protected. CONTRACTOR.
shall be solely responsible for any damage or loss by
weather or other causes to materials or work under this
contract.
d. No material, supplies, or equipment for work under this
contract shall be purchased subject to any chattel
mortgage or under a conditional sale or other agreement
by which an interest in all or any part is retained by
the seller or supplier. CONTRACTOR warrants good title
to all material, supplies, and equipment installed or
incorporated in the work, and upon completion of all
work agrees to surrender the premises to DISTRICT,
together with all improvements and appurtenances
constructed or placed by CONTRACTOR, free from any
claims, liens, or charges. CONTRACTOR further agrees
that .neither CONTRACTOR nor any person, firm, or
corporation furnishing any materials or labor for any
work covered by this contract shall have any right to a
lien upon the premises or any improvement or
appurtenance, except that CONTRACTOR may install
metering devices or other equipment of utility
companies or of political subdivisions, title to which
is commonly retained by the utility company or
political subdivision. In the event of the
installation of any metering device or equipment,
CONTRACTOR shall advise DISTRICT as 'to its owner.
Nothing contained in this article, however, shall
defeat or impair the legal right of persons furnishing
material or labor to look to funds due and owing
CONTRACTOR. for payment. This provision shall be
inserted in all subcontracts and material contracts and
notice of its provisions shall be given to all persons
furnishing material for work when no'formal contract is
entered into for such material.
ARTICLE SO SUBSTITUTIONS
a. Whenever any material, process, or article is indicated
or specified by grade, patent, or proprietary name, or
SECTION 00701
by name of manufacturer, in the specifications, that
specification sham1 be deemed to be used. for the
propose of facilitating the description of material,
process, or article desired and shall be deemed to be
followed by the words "or equal". Unless otherwise
stated CONTRACTOR may offer any material, process, or
article which is substantially equal to or better in
every respect to that indicated or specified. If the
material, process, or article offered by CONTRACTOR is
not substantially equal to or better in every respect
to that specified, in the opinion of the Architect, or
DISTRICT, CONTRACTOR shall furnish the material,
process or article specified. The burden of proof as
to the equality of any material, process, or article
shall rest with CONTRACTOR. CONTRACTOR shall submit a
request for substitution of any "or equal" item,
together with substantiating data and a certificate
certifying that the proposed item to be substituted is
an equal to the product specified in every way, (a
sample has been provided in these specifications - see
Section 00630) within 7 days after the award of this
contract. The decision of the Architect or DISTRICT to
accept or deny any request for substitution shall be
final and binding. The provision authorizing
submission of "or equal" justification data shall not
in any way authorize an extension of time for
performance of this contract.
b. In the event CONTRACTOR furnishes any material,
process, or article more expensive than that specified,
the difference in cost of the material, process or
article so furnished shall be borne by CONTRACTOR.
c. If the substitution is accepted, the CONTRACTOR shall
be solely and directly responsible for fitting accepted
substitute materials and equipment into the available
space in a manner acceptable to the Architect, and for
the proper operation of the substituted equipment with
all other equipment with which it may be associated.
The CONTRACTOR shall bear all costs of meeting the
above requirements for presenting a proposed
substitution, and if the substitution is accepted the
CONTRACTOR must bear all costs involved.
ARTICLE 31 SHOP DRAWINGS
CONTRACTOR shall check and verify all field
measurements and shall promptly submit seven copies of
all shop or setting drawings, schedules, and material
lists required for the work of various trades, checked
and approved by CONTRACTOR, so as to preclude any
delay. Architect shall check and approve or disapprove
those schedules and drawings, only for conformance with
the design concept of the project and compliance with
SECTION 00701
" the information provided by this contract, within 21
days. CONTRACTOR shall make any corrections required
by the Architect, file three corrected copies with the
Architect, and furnish other copies as needed for
construction. Architect's approval of the drawings or
schedules shall not relieve CONTRACTOR of its
responsibility for deviations from drawings or
specifications unless CONTRACTOR has called Architect's
attention to the deviations, in writing, at the time of
submission, and secured Architect's written approval.
Nor shall it relieve CONTRACTOR from its responsibility
for errors in shop drawings or schedules. No portion
of the work requiring submission of a shop drawing
shall be commenced until submittal has been acted upon
by the Architect. All such portions of the work shall
be in accordance with the reviweed submittals.
A/{TIcLE '32 SAMPLES
Within 7 days following award of the contract,
CONTRACTOR shall furnish for approval all samples as
required in the specifications, together with catalogs
and supporting data required by the Architect. This
provision shall not authorize any extension of time for
performance of this contract. Within 7 working days of
receipt, Architect will check and. approve or disapprove
the samples as to conformance with the design concept
of work and for compliance with information provided in
this contract. Work shall be in accordance with
approved Samples.
ARTICLE 33. COST BREAKDOWN AND PERIODICAL ESTIMATES
a. On forms approved by the Architect, CONTRACTOR shall furnish the following:
1. A detailed estimate giving a complete breakdown of
the contract price within 10 days of award of the
contract; and
2. A periodical itemized estimate of work done for
the purpose of making partial payments; and
b. Values used in preparing the schedules shall be used
only for determining the basis of partial payments, and
shall not be considered as fixing a basis for additions
to or deductions from the contract amount.
ARTICLE 34 '. PAYMENTS
Each month, within 45 days after receipt of an approved
periodic estimate for partial payment, CONTRACTOR shall
be paid a sum equal to 90 percent of the value of work
performed and materials delivered on the grOund, or
stock subject to or under the control of DISTRICT and
SECTION 00701
unused up to the last day of the previous month, less
aggregate previous payments. Monthly payments shall be
made only on the basis of monthly estimates which shall
be prepared by CONTRACTOR on a form approved by
Architect and filed before the first day of the month
during which payment is to be made. Work completed, as
estimated, shall be an estimate only and no inaccuracy
or error in the estimate shall operate to release
CONTRACTOR or any surety from any damages arising from
the work or from enforcing each and every provision of
this contract. DISTRICT shall have the right to
correct any error made in any estimate for payment.
CONTRACTOR shall not be entitled to have any payment
estimate processed or any payment for work performed so
long as any lawful or proper direction given by
DISTRICT or Architect concerning the work, or any
portion, has not been complied with. The final payment
of 100 percent of the value of the work done under this
contract, if unencumbered, shall be made 35 days after
recordation by DISTRICT of the Notice of Completion.
Acceptance will be made only by an action of the
governing board of DISTRICT.
ARTICLE 35. .PAYMENTS WITHHELD
a. In addition to any amount(s) which DISTRICT may retain
under the article entitled~ "PAYMENTS", DISTRICT may
withhold sufficient amount(s) of any payment (s)
otherwise due to CONTRACTOR, as in its judgment may be
necessary to cover:
1. Payments which may be past due and payable for
claims against CONTRACTOR or any subcontractors
for labor or materials furnished in the
performance of work under this contract.
2. Defective work not remedied.
3. Failure of contractor to make proper payments to
its subcontractor(s) or materialmen for materials
or labor.
4. Completion of contract if there exists a
reasonable doubt that this contract can be
completed for the balance then unpaid.
5. Damage to another contractor.
6. Failure to maintain current record drawings.
7. Costs and expenses of alternate educational
facilities if the CONTRACTOR fails to complete the
project within the period of time required by the
contract documents.
8. Failure of the Contractor to respond to Proposal
Requests and/or Supplemental Instructions issued
by the Architect in a timely manner such that a
job delay is not caused°
SECTION 0O701
b. DISTRICT may apply the withheld amount(s) to the
payment of any claims or obligations at its discretion.
In so doing, DISTRICT shall be deemed the agent of
CONTRACTOR and any payment made by DISTRICT shall be
considered to be a payment made under this contract by
DISTRICT to CONTRACTOR, and DISTRICT shall not be
liable to CONTRACTOR for the payments made in good
faith. The payments may be made without prior judicial
determination of the claim or obligations. DISTRICT
shall submit to CONTRACTOR an accounting of the funds
disbursed on behalf of CONTRACTOR.
ARTICLE 36. CHANGES AND EXTRA WORK
a. Changes to approved drawings and specifications shall
be made by addendum or change orders approved by the
Architect.
b. Without invalidating this contract, DISTRICT may order
extra work or make changes by altering, adding to, or
deducting from work, and 'the contract sum shall be
adjusted accordingly. All the work shall be subject to
the conditions of this contract except that any claim
for extension of time caused by changes shall be
adjusted at the time of ordering the change.
c. In giving instructions, the Architect shall have
authority to make minor changes in work not involving a
.change in cost, and not inconsistent with purposes of
the project. Otherwis®, except in an emergency
endangering life or property, no extra work or change
shall be made unless made pursuant to a written order
from DISTRICT, and no claim for any addition to the
contract amount shall be valid unless by order of the
DISTRICT.
d. At the discretion of the DISTRICT, the value of any
extra work, change order deduction shall be determined
in one or more of the following ways:
1. By acceptable lump sum proposal from CONTRACTOR.
2. By unit prices contained in CONTRACTOR'S original
bid and incorporated in the contract documents or
fixed by subsequent agreement between DISTRICT and
CONTRACTOR.
$. By cost of material and labor and percentage for
overhead and profit. The following formula shall
be used by DISTRICT.and CONTRACTOR in determining
the total amount of compensation due CONTRACTOR
for any changes or extra work provided by this
paragraph:
For changes that increase the contract price, the
CONTRACTOR may include the following amounts for
overhead and profit, in addition to labor and
materials. CONTRACTOR'S overhead and profit shall
SECTION 00701
include, but not be limited to: job site
facilities costs, office costs, administrative
costs, including Superintendent's time, and costs
· of related project time extensions.
(a) CONTRACTOR'S overhead, profit and additional
bond costs on the cost of work performed by
CONTRACTOR shall be a total sum not exceeding
16 percent of those costs.
O (b) CONTRACTOR'S overhead, profit and additional
bond costs on the cost of work performed by
subcontractors shall be a total sum not
exceeding 16 percent of cost of that work.
(c) Subcontractor's overhead and profit on the
cost of work performed by subcontractor shall
% be a total sum not exceeding 15 percent of
the cost of labor, materials, rentals, etc.
(d) Overhead and profit shall not be applied to
taxes, delivery charges, and insurance by the
CONTRACTOR or its subcontractors.
Before the CONTRACTOR is authorized to proceed with
~ extra work or changes on the basis set forth in
subdivision 3., above, the DISTRICT and the CONTRACTOR
shall be in complete agreement on what the term "costs"
shall include and the percentage amount of fixed fee
the CONTRACTOR IS TO CHARGE.
~ All unit prices, whether set forth in the contract or
subsequently agreed upon, shall include overhead,
, profit and increased premium on the surety bonds.
e. If CONTRACTOR should claim that any instruction,
request, drawing, specification, action, condition,
omission, default or other situation obligates DISTRICT
· to pay additional compensation to CONTRACTOR or to
grant an extension of time for the completion of this
contract, or constitutes a waiver of any provision of
this contract, CONTRACTOR shall notify the DISTRICT in
writing of its claim within 10 days from the date it
has actual or constructive notice of the factual basis
~ supporting the claim. The CONTRACTOR'S failure to
notify DISTRICT within the 10-day period shall be
deemed a waiver and relinquishment of the claim against
DISTRICT. If the notice is given within the specified
time, the procedure for its consideration shall be as
stated above in this article.
~ f. As used in this article, the following definition shall
apply:
1. "Labor" means any amount(s) paid directly to
nonsupervisory workers in the form of employee
wages and benefits in order to perform the work.
2. "Material" means all products, equipment, and
O devices which are physically incorporated in the
work to be performed. Any costs or expenses for
21
SECTION 00701
equipment, facilities, or services not physically
incorporated in the work to be performed but
necessary for its completion shall be considered
"overhead".
$. "Overhead" means any necessary costs and expenses
which are incurred in the performance of the work
excluding "labor" and "materials" as defined in
subdivisions i and 2 above.
ARTICLE 37. DEDUCTIONS FOR UNCORRECTED WORK
If DISTRICT deems it inexpedient tO correct work,
faulty or not, which is done pursuant to this contract,
an equitable deduction for the contract price shall be
made.
ARTICLE 38 PAYMENTS BY CONTRACTOR
CONTRACTOR shall pay:
1. For all transportation and utility services not
later than the 20th day of the calendar month
following the month in which the services are
rendered;
2. For all materials, tools, and other expendable
equipment, to the extent of 90 percent of the
cost, not later than the 20th day of the calendar
month following the month in which the materials,
tools, and equipment are delivered to the project
site, and the balance of the cost not later than
the S0th day fommowing completion of that part of
the work in which the materials, tools, and
equipment are incorporated or used; and
$. To each of its subcontractors, not later than the
fifth day following each payment to CONTRACTOR, on
account of work.performed by that subcontractor.
ARTICLE $9 CONTRACTOR'S SUPERVISION
a. Unless personally present on premises where the work is
being done, CONTRACTOR shall maintain a competent
Superintendent, satisfactory to Architect, on the work
site during its progress. The Superintendent shall not
be changed except with the written consent of the
Architect. The Superintendent shall represent
CONTRACTOR in its absence and all directions given to
the Superintendent shall be binding on CONTRACTOR.
b. CONTRACTOR shall provide efficient supervision.
CONTRACTOR shall carefully study and compare all
drawings, specifications, and other instructions and
shall immediately report any error, inconsistency, or
omission to the Architect.
SECTION 00701
ARTICLE 40. DOCUMENTS ON WORK
CONTRACTOR shall keep one copy of all contract
documents, including addenda, change orders, shop
drawings, and other modifications on the job at all
times. The documents shall be kept in good order and
accurately marked to record all changes made during
construction. The documents shall be available to the
Inspector and Architect and their representatives at
all times. CONTRACTOR shall be acquainted with and
comply with all statutes and regulations as they relate
to this project.
ARTICLE 41. UTILITIES
a. All utilities, including but not limited to
electricity, water, 9as, and telephone used on the
work, shall be furnished and paid for by CONTRACTOR.
CONTRACTOR shall furnish and install necessary
temporary distribution systems, including meters, if
necessary, from distribution points to points on the
site where the utility is necessary to perform the
work. Upon completion of the work, CONTRACTOR shall
remove all temporary distribution systems.
b. If this contract is for an addition to an existing
facility, CONTRACTOR may use DISTRICT'S existing
utilities, with the written permission of DISTRICT, by
making prearranged payments to DISTRICT for utilities
used by CONTRACTOR for construction.
ARTICLE 42. SANITARY FACILITIES
CONTRACTOR shall provide temporary, sanitary toilet
facilities, as required by law, and additional
facilities as directed by the Inspector for the use of
all workers. The facilities shall be maintained in a
sanitary condition and shall be left at the site until
removal is directed by the Inspector. Use of toilet
facilities contained in the project under construction
shall not be permitted except with the approval of the
Inspector°
ARTICLE 43. PROTECTION OF WORK AND PROPERTY
a. CONTRACTOR shall be responsible for all damages to
persons or property which occur as a result of
CONTRACTOR'S fault or negligence in connection with the
performance of this contract, and shall be responsible
for the proper care and protection of all materials
delivered and work performed until completion and final
acceptance by DISTRICT. With the exception of damage
to the work caused by "acts of God", as defined in
SECTION O0701
Government Code Section 4151(b), CONTRACTOR assumes the
risk for all work performed under this contract.
CONTRACTOR shall adequately protect adjacent property
from settlement or loss of lateral support as provided
by law and this contract. CONTRACTOR shall take all
necessary precautions for the safety of employees on
the work and shall comply with all applicable safety
laws and building codes to prevent accidents or injury
to persons on, about, or adjacent to the premises where
the work is being performed. As required by conditions
and progress of work, CONTRACTOR shall erect and
properly maintain at all times ali necessary
safeguards, signs, barriers, lights, and watchmen for
protection of workers and the public, and shall post
danger signs warning against hazards created in the
course of construction. CONTRACTOR shall designate a
responsible member of its organization whose duty shall
be the prevention of accidents. The name and position
of the person designated shall be reported to DISTRICT
by CONTRACTOR.
b. In an emergency affecting safety of life, work, or
adjoining property, the CONTRACTOR is permitted to act
at its discretion, without special instruction or
authorization from Architect or DISTRICT, to prevent
any threatened loss or .injury; and CONTRACTOR shall act
if authorized or instructed by Architect or DISTRICT.
Any compensation claimed by CONTRACTOR on account of
emergency work shall be determined by this contract.
c. CONTRACTOR shall provide heat, covering, and enclosures
necessary to protect all work, materials, equipment,
appliances, and tools against damage by weather
conditions.
d. CONTRACTOR shall take adequate precautions to protect
existing sidewalks, curbs, pavements, utilities,
adjoining property, and structures, and avoid damage to
them, and repair any damage caused by construction
operations.
e. CONTRACTOR shall:
1. Enclose the work area with a substantial barricade
and arrange work to cause a minimum of
inconvenience and danger to students and staff in
their regular school activities.
2. Provide substantial barricades around any shrubs
or trees to be preserved.
3. Deliver materials to the building area over a
route acceptable to the Architect and DISTRICT.
4. Take preventative measures to eliminate
objectionable dust.
5. Confine apparatus, the storage of materials, and
the operations of its workers within limits
indicated by law, ordinances, permits, or
directions of Architect and not unreasonably
SECTION 00701
encumber the premises with materials; enforce
instructions of DISTRICT and Arohitect regarding
signs, advertising, fires, danger signals,
barricades, and smoking, and require that all
persons employed on the work comply with all
regulations while on the construction site.
6. Exercise reasonable care to prevent disturbing or
covering any survey markers, monuments, or other
devices marking property 'boundaries or corners.
If markers are disturbed, they shall be replaced
by an approved civil engineer at no cost to
DISTRICT.
ARTICLE 44. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out this work
and establishing grades for earth-work operations shall
be furnished by CONTRACTOR at its expense. The work
shall be done by a qualified civil engineer approved by
the Architect. "As-Built" drawings of site development
and utilities' location and inverts shall be prepared
by an approved civil engineer.
ARTICLE 45 CUTTING AND PATCHING
a. CONTRACTOR shall do all cutting, fitting, or patching
of the work as required to make its several parts come
together properly, and fit it to receive or be received
by work of other contractors indicated on or reasonably
implied by the drawings and specifications.
b. Any cost caused by defective or ill-timed work shall be
borne by CONTRACTOR.
c. CONTRACTOR shall not endanger any work by cutting,
excavating, or otherwise altering work, and shall not
cut or alter work of any other contractor except with
the written consent of the Architect.
ARTICLE 46 CLEANING UP
a. At all times, CONTRACTOR shall keep the premises free
of debris such as waste, rubbish, and excess materials
and equipment caused by the work; debris shall be
removed from the premises. CONTRACTOR shall not leave
debris under, in, or about the premises. Upon
completion of the work CONTRACTOR shall clean the
interior and exterior of the building, including
fixtures, equipment, walls, floors, ceilings, roofs,
window sills and ledges, horizontal projections, and
any areas where debris has collected so surfaces are
free from foreign material and discoloration;
CONTRACTOR shall clean and polish all glass, plumbing
fixtures, and finish hardware and similar finish
SECTION 00701
surfaces and equipment, and remove temporary fencing
barricades, temporary utilities, construction toilet,
and similar temporary facilities from the site.
b. If the CONTRACTOR fails to clean up at the completion
of the work, the DISTRICT may do so and the cost for
such cleanup shall be charged back to the CONTRACTOR.
ARTICLE 47. CORRECTION OF WORK BEFORE FINAL PAYMENT
a. CONTRACTOR shall promptly remove from the premises all
work identified by DISTRICT as failing to conform to
this contract, whether incorporated or not. CONTRACTOR
shall promptly replace and repair its own work to
comply with this contract without additional expense to
DISTRICT and shall bear the expense of making good all
work of other contractors destroyed or damaged by that
removal or replacement, including compensation for the
Architect's ,additional services.
b. If CONTRACTOR does not remove work within a reasonable
time following written notification, DISTRICT may
remove and store the material at CONTRACTOR'S expense.
If CONTRACTOR does not pay the expenses of removal
within 10 days, DISTRICT may sell the materials at
auction or private sale, upon 10 days written notice,
and shall account for any net proceeds after deducting
all costs and expenses that should have been borne by
CONTRACTOR.
ARTICLE'48. ACCESS TO WORK
DISTRICT and its representative shall at all times have
access'to the work. CONTRACTOR shall provide safe and
proper facilities for access so that DISTRICT'S
representatives may perform their functions under this
contract.
ARTICLE 49 OCCUPANCY
DISTRICT reserves the right to occupy buildings at any
time before completion. Any occupancy shall not
constitute final acceptance of any part of the work
covered by this contract, nor shall any occupancy
extend the mutually agreed date specified for
completion of the work.
ARTICLE 50 DISTRICT'S INSPECTOR
a. An Inspector employed by DISTRICT in accordance with
the requirements of Title 21 of the California Code of
Regulations will be assigned to the work.
b. The Inspector shall have free access to any or all
parts of the work at any time. CONTRACTOR shall
SECTION 00701
furnish the Inspector reasonable opportunities for
obtaining information necessary to keep the Inspector
· fully informed regarding progress and manner of work
and character of materials. Inspection of the work
shall not relieve CONTRACTOR from any obligation to
fulfill this contract. The Inspector and Architect
shall have authority to reject work whenever the
provisions of this contract are not being complied
· with. In addition, the Inspector may stop any work
which poses a probable risk of harm to persons or
property. CONTRACTOR shall instruct its employees
accordingly.
ARTICLE 51. TESTS AND INSPECTIONS
a. If this contract, any DISTRICT instructions, laws,
ordinances, or any public authority require any work to
be specifically tested or approved, CONTRACTOR shall
give notice of its readiness for observation or
inspection at least two workdays prior to being tested
· or covered up. If inspection is required by parties
other than DISTRICT, CONTRACTOR shall inform DISTRICT
of the date fixed for the inspection. Required
certificates of inspection shall be secured by
CONTRACTOR. Observations by DISTRICT shall be promptly
made, and where practicable, at the source of supply.
If any work is covered up without approval or consent
of DISTRICT, if required by DISTRICT, it must be
uncovered for examination and satisfactorily
reconstructed at CONTRACTOR'S expense in compliance
with this contract. The cost of testing any materials
which are not in compliance with the contract shall be
· paid for by DISTRICT and charged back to CONTRACTOR.
Other costs for tests and inspection of materials shall
be paid by DISTRICT unless otherwise provided in this
contract.
b. Where the inspection and testing will be conducted by
an independent laboratory or agency, the materials or
samples of materials to be tested shall be selected by
the laboratory or agency, or DISTRICT'S representative,
and not by CONTRACTOR.
co CONTRACTOR shall notify DISTRICT a sufficient time in
advance of the manufacture of materials to be supplied
to him under this contract, which must by the terms of
this contract be tested, in order that DISTRICT may
arrange for testing at the source of supply. Any
materials shipped by CONTRACTOR from the source of
supply prior to having satisfactorily passed testing
and inspection, or prior to receipt of notice from the
representative that the testing and .inspection will not
be required, shall not be incorporated in the work
SECTION 00701
without the prior approval of DISTRICT and subsequent
testing and inspection.
d. Reexamination of questioned work may be ordered by
DISTRICT and if so ordered, any work must be uncovered
by CONTRACTOR. If the work is determined to be in
accordance with this contract, DISTRICT shall pay the
costs of reexamination and replacement. If the work is
not in accordance with this contract, CONTRACTOR shall
pay the costs.
ARTICLE 52. SOILS INVESTIGATION REPORT
When a soils investigation report obtained from test
holes at the work site is available, the report shall
not be a part of this contract. Any information
obtained from the report or any information given on
drawings as to subsurface soil conditions or to
elevations of existing grades or elevations of
underlying rock is approximate only, is not guaranteed,
and does not form a part of this contract.
ARTICLE 53. ARCHITECT'S STATUS
The Architect shall be DISTRICT'S representative during
the construction period and shall observe the progress
and .quality of the work on behalf of DISTRICT.
Architect shall have authority to stop work whenever
stoppage may be necessary, in Architect's reasonable
opinion,, to ensure the proper execution of this
contract.
ARTICLE 54. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Every provision of law and clause required by law to be
inserted in this contract shall be deemed to be
inserted, and this contract shall be read and enforced
as though it were included, and if through mistake or
'otherwise any provision is not inserted or is not
correctly inserted, upon application of either party
the contract shall be amended to make the insertion or
correction. All references to statutes and regulations
shall include all amendments, replacements, and
enactments on the subject which are in effect as of the
date of this.contract, and any later changes which do
not materially and.substantially alter the positions of
the parties.
ARTICLE 55. UTILITIES: REMOVAL, RESTORATION
a. Pursuant to Government Code Section 4215, 'DISTRICT
assumes the responsibility for removal, relocation, and
protection of Utilities located on the construction
SECTION 00701
site at the time of commencement of construction under
this contract with respect to any utility facilities
$ which are not identified in the plans and
specifications. CONTRACTOR shall not be assessed for
delay in completion of the project caused by the
failure of DISTRICT to provide for removal or
relocation of utility facilities. DISTRICT shall
compensate CONTRACTOR for the costs of locating and
repairing damage not due to the failure of CONTRACTOR
to exercise reasonable care, and removing or relocating
utility facilities not indicated in the plans and
specifications with reasonable accuracy, and for
equipment necessarily idle during the work.
b. This article shall not be construed to preclude
assessment against CONTRACTOR for any other delays in
completion of the work. Nothing in this article shall
be deemed to require DISTRICT to indicate the presence
of existing service laterals or appurtenances whenever
the presence of those utilities on the construction
site can be inferred from the presence of other visible
facilities, such as buildings or meter junction boxes
on or adjacent to the construction site.
c. If while performing work under this contract,
CONTRACTOR discovers utility facilities not identified
by DISTRICT in the contract plans or specifications,
CONTRACTOR shall immediately notify in writing the
DISTRICT and the utility. -
ARTICLE 56. NONDISCRIMINATION
Pursuant to the provisions of Labor Code Section 1735,
CONTRACTOR and its subcontractors shall not unlawfully
discriminate in the employment of persons on this
project because of race, religious creed, color,
national origin, ancestry, physical handicap, medical
condition, marital status, or sex.
ARTICLE 57. USE OF ASBESTOS MATERIALS/PRODUCTS
a. CONTRACTOR shall not use any asbestos or asbestos
containing products or materials in performing the work
under this contract. Upon completion of the project,
CONTRACTOR shall certify in writing to DISTRICT that no
asbestos or asbestos containing materials or products
were used by CONTRACTOR or any subcontractor in
performing the work required by this contract.
b. In the event CONTRACTOR encounters on the site material
reasonably believed to be asbestos or polychlorinated
biphenyl (PCB) which has not been rendered harmless,
the CONTRACTOR shall immediately stop work in the area
affected and report the condition to the DISTRICT and
Architect in wiring. The work in the affected area
SECTION 00701
shall not thereafter be resumed except by written
agreement of the DISTRICT and CONTRACTOR if in fact the
material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The work in the
affected area shall be resumed in the absence of
asbestos or polychlorinated biphenyl (PCB), or when it
has been rendered harmless, by written agreement of the
DISTRICT and CONTRACTOR.
c. The CONTRACTOR shall not be required to perform any
work relating to asbestos or polychlorinated biphenyl
(PCB) without its consent.
ARTICLE 58. SUBSTITUTION OF SECURITIES
pursuant to the provisions of Public Contract code
Section 22300, CONTRACTOR may substitute certain
securities for any funds withheld by DISTRICT to ensure
its performance under this contract. At the request
and expense of CONTRACTOR, securities equivalent to any
amount withheld shall be deposited, at the discretion
of DISTRICT, with either DISTRICT. or a state or
federally chartered bank, as the escrow agent, who
shall then pay any funds otherwise subject to retention
to CONTRACTOR. Upon satisfactory completion of this
contract, the securities shall be returned
CONTRACTOR. Securities eligible for investment under
this article shall include those listed in Government
Code Section 16430, bank and savings and loan
certificates of deposit, interest bearing demand
deposit accounts, standby letters of credit, or any
other security mutually agreed to by CONTRACTOR and
DISTRICT. CONTRACTOR shall be the beneficial owner of
any securities substituted for funds withheld and shall
receive any interest. The escrow agreement shall be
substantially similar to Attachment 1, which by this
reference is made a part of these General Conditions.ce
is made a part of these General Conditions.
ARTICLE 59. CONTRACT CLOSEOUT
a. Utility Connections: The existing building and/or
buildings shall be connected to water., gas, sewer, and
electric services, complete and ready for use. Service
connections shall be made and existing services
reconnected.
b. Record Drawings:
1. CONTRACTOR shall keep one. complete set of blue
line prints of all drawings which form a part of
the contract, in good order on the job. They
shall be used only for the purpose intended.
Drawings shall be kept up to date as the work
SECTION 00701
progresses and shall be available at all times for
inspection.
2. The intent of this procedure is to obtain an exact
"as built" record of the work upon completion of
the project. The following information shall be
carefully and correctly drawn on the prints and
all items shall be accurately located and
dimensioned from finished surfaces of building
walls on all record drawings.
(a) Any work not installed as indicated on
drawings.
(b) The exact locations and elevations of all
covered utilities, including valves,
cleanouts, etc.
3. CONTRACTOR is liable and responsible for
inaccuracies in as-built drawings, even though
they become evident at some future date.
4. Upon completion of the work and as a condition
precedent to approval of final payment, CONTRACTOR
shall obtain the Construction Inspector's approval
of the corrected prints and employ a competent
draftsman to transfer the "as-built information to
a complete set of transparent sepias. When
completed, CONTRACTOR shall have one complete set
of Eronar negatives (ll"x17") made from the
corrected sepias and both sets .shall be delivered
to DISTRICT.
5. In addition, CONTRACTOR shall deliver to the
Architect three complete sets of operating
manuals, repair parts lists, service instructions
for all electrical and mechanical equipment, and
equipment warranties.
c. Maintenance Manuals: At least 30 days prior to final
inspection, three copies of complete operational and
maintenance manuals shall be submitted for review. All
installation, operating, and maintenance information and
drawings shall be bound in 8-1/2" x 11" binders. Provide a
table of contents in front and all items shall be indexed
with tabs. Each manual shall also contain a list of
subcontractors, with their addresses and the names of
persons to contact in case of emergencies. Identifying
labels shall provide names of manufacturers, their
addresses, ratings, and capacities of equipment and
machinery.
d. Inspection Requirements:
1. Before calling for final inspection, Contractor
shall determine that the following work has been
performed:
(a) General .construction has been completed.
(b) Mechanical and electrical work complete,
fixtures in place, connected and ready for
tryout and test.
SECTION 00701
(c) Electrical circuits scheduled in panels and
disconnect switches mabemed.
(d) Painting and special finishes complete.
(e) Door complete with hardware, cleaned of
protective film and relieved of sticking or
binding and in working order.
(f) Tops and bottoms of doors sealed.
(g) Floors waxed and polished as specified.
(h) Broken glass replaced and glass cleaned.
(i) Grounds clear of Contractors equipment, raked
clean of debris and trash removed from site.
(j) Work cleaned, free of stains, scratches and
other foreign matter, replacement of damaged
and broken material.
(k) Finished and decorative work shall have
marks, dirt and superfluous labels removed.
2. Final inspection will be made by Architect upon
written notification from Contractor that work has
been completed. Contractor shall receive a list
(Punch List) of items found unacceptable and shall
promptly correct them. Upon written notification
from Contractor that all items have been
corrected, Architect will reinspect for final
acceptance of the project. Failure of Contractor
to complete punch list items will necessitate.
further re-inspection by Architect. Costs of
reinspection will be deducted from Contract
amount.
3. Deliver keys (labeled) to Owner's representative.
Master keys shall be accounted for in writing.
4. Furnish a letter to Owner stating that a
responsible representative of Owner (give name and
position) has been instructed in working
characteristics of mechanical and electrical
equipment.
END OF SECTION
4/5/91
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between Panama-
Buena Vista Union School District ("District"), whose addresss is 4200
Ash. Road, Bakersfield~ CA 95313, ("Contractor"), whose address is
and ("Escrow Agent"), whose
address is
For the consideration described below, the District, Contractor, and
Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the
State of California, Contractor has the option to deposit
securities with Escrow Agent as a substitute for retention
earnings required to be withheld by District pursuant to the
Construction Contract ("Contract") entered into between the
.District and Contractor for in
the amount of $ dated .
When Contractor deposits the securities as a substitute for
contract earnings, the Escrow Agent shall notify the District
within 10 days of the deposit· The market value of the
securities at the time of the substitution shall be at least
equal to the cash amount then required to be withheld as
retention under the terms of the Contract between the District
and Contractor. Securities shall be held in the name of
, and shall designate the
Contractor as the beneficial owner.
2o The District shall make progress payments to the Contractor for
funds which otherwise would be withheld from progress payments
pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
.Alternatively, the District may make payments for the benefit of
the District in the amount of retention directly to Escrow Agent
until this escrow is terminated.
4. Contractor shall be responsible for paying all fees for the
expenses incurred by Escrow Agent in administering the escrow
account. These expenses and payment terms shall be determined by
the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market
accounts held in escrow, and all interest earned on that
interest, shall be for the sole account of Contractor and shall
be subject to withdrawal by Contractor at any time, and from time
to time, without notice to the District.
6. Contractor shall have the right to withdraw all or any part of
the principal in the Escrow Account only by written notice
Escrow Agent that District consents to the withdrawal of the
amount sought to be withdrawn by Contractor, accompanied by
written authorization from District to the Escrow Agent.
7. The District'shall have the right to draw upon the securities in
the event of default by the Contractor. Upon seven days written
notice of the default by the District to the Escrow Agent, the
Escrow Agent shall immediately convert the securities to cash and
shall distribute the cash as instructed by the District.
8. Notwithstanding any provision of this Escrow Agreement to the
contrary, for a period of S5 days following the recordation of a
Notice of Completion, District shall have unlimited access to the
securities to respond to stop notice claims and punch list and
warranty items. Pursuant to this paragraph, District may
withdraw from the escrow sufficient cash to cover 12§ percent of
the principal amount claimed in any stop notice, and 150 percent
of the estimated amount necessary to remedy any punch .list and/or
warranty item. To withdraw funds, District shall present to the
Escrow Agent copies of any and all stop notices, and/or a letter
from its architect concerning the punch list and/or warranty
items, together with written notification from District making
demand for the funds. In response to District's demand, upon
seven days written notice, Escrow Agent shall immediately convert
sufficient securities to cash and distribute the cash to
District. In no event will. Escrow Agent have any obligation to
pay to District more than the amount Escrow Agent is holding.
District's rights under this paragraph are in addition to and do
not supplant any other rights or remedies contained in this
Section or the remainder of this Escrow Agreement.
9. Upon receipt of written notification from the District certifying
that the Contract is final and complete, and that the Contractor
has complied with all requirements and procedures applicable to
the Contract, Escrow Agent shall release to Contractor all
securities and interest on deposit less escrow fees and charges
of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all monies and securities on deposit and
payment of fees and charges.
10. Escrow Agent shall rely on the written notifications' from
District and Contractor pursuant to Sections 4 through 7 of this
Agreement, and District and Contractor shall hold Escrow Agent
harmless from Escrow Agent's release and disbursement of the
securities and interest as set forth above.
11. The names of the persons authorized to give written notice or to
receive written notice on behalf of the District and on behalf of
Contractor in connection with~ this Agreement, and exemplars of
their respective signatures are as follows:
On behalf of District: On behalf of Contractor:
(Title) (Title)
(Name) (Name)
(Signature) (Signature)
(Address) (Address)
On behalf of Escrow Agent:
(Title)
·
(Name)
(Signature)
(Address)
At the time the Escrow Account is opened, the District and Contractor
shall deliver to the Escrow Agent a fully executed counterpart of this
Agreement.
AS WITNESSES, the parties have executed this Agreement'by their proper
officers on the first date shown above.
DISTRICT CONTRACTOR
(Title) (Title)
(Name) (Name)
(Signature) (Signature)
SECTION 00820
CERTIFIED PAYROLL REPORTS
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL REQUIREMENTS
1.01 PAYROLLS AND BASIC RECORDS
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work
and preserved for a period of three years thereafter for all
"workers employed in connection with the work. Such records
shall contain the name, address, and social security number
of '%ach such worker, his or her correct classification,
hourly rates of wages paid, daily and weekly number of hours
worked, deductions made and actual wages paid. Contractors
employing apprentices or trainees under approved programs
shall, maintain written evidence of the registration of
apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees
and the ratios and wage rates prescribed in the applicable
programs.
b. The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to the
· owner. All payrolls shall set out accurately and completely
all of the information required to be maintained. The prime
contractor is responsible for the submission of copies of
payrolls by all subcontractors.
c. Each payroll submitted shall be accompanied by a "Statement
of Compliance", signed by the contractor or subcontractor or
his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the
following:
1. That the payroll for the payroll 'period contains the
information required to be maintained and that such
information is correct and complete;
~,2. That each worker (including each helper, apprentice,
and trainee) employed on the contract during the
payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly
or indirectly from the full wages earned, other than
· permissible deductions.
3. That each worker has been paid not less than the
applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed,
as determined by the Director of the Department of
Industrial Relations.
END OF SECTION
7/28/89
·
SECTION 00851
CONTRACT DOCKS
PART i DRAWINGS AND SPECIFICATIONS
a. The drawings, which form a part of the Contract Documents
are as follows, including such large scale and full size
details as may be furnished later:
M-1 Monitoring and Leak Detection System
Specifications, Site Plan, Details
b. The Contractor shall study and compare all drawings,
specifications and instructions. He shall report any
error, inconsistency or'omission before commencing work
and take the Architect's further instructions in regard
thereto; and any duplication of work made necessary by
failure or neglect to comply with this injunction shall
be done at the expense of the Contractor.
c. Large scale drawings govern smaller scale and figured
dimensions govern scale measurements. No measurement
shall be scaled. If figures or information on any
drawings are insufficient, the Contractor shall secure
the Architect's instructions before proceeding.
d. Details and Shop Drawings, either furnished by or
approved by the Architect, are considered as amplifying
and not as modifying the drawings and specifications on
which proposals were made.
e. Misplacement, addition or omission of any word, letter,
figure or punctuation mark in no way changes the true
spirit, intent or meaning of the drawings and
specifications. The Contract Documents are to be taken
together, and what is called for by one shall be as
binding as if called for by all. Any work or material
necessary to complete the work, and which may be fairly
implied as included in the Contract shall be done and
provided by the Contractor without extra charge.
f. For convenience, these specifications are arranged in
several trade sections, but such separation shall not be
considered as the limits of ~he work required of any
subcontractor or trade. The terms and conditions of such
limitations are wholly between the Contractor and his
subcontractors.
g. Wherever A.S.T.M. or other specifications or bulletins
are referenced, it is understood that the latest approved
published edition or revision is to be used, except when
a specific date of issue is stated in Title 24 or 1988
U.B.C.
h. Drawings and specifications are instruments of service,
remain the property of the Architect and are to be
returned or accounted for before the final certificate of
payment is issued.
·
CONTRACT'DOCUM~-NTS ' SECTION 00851 I
SECTION 00851
PART 2 ADDENDA OR BULLETINS
The Architect may issue addenda and/or bulletins to all
Contractors bidding this project at any time between the
date the project was advertised to the date set for the
opening of bids. These addenda and/or bulletins shall
take precedence over the plans and specifications only
where they contradict them; all other provisions shall
remain unchanged. All addenda and/or bulletins will be
signed by the Architect and shall become part of the
Contract. It shall be the sole responsibility of the
Contractor to advise all of his subcontractors of the
information contained in these supplementary documents.
Before' submitting his bid, the Contractor shall contact
the Architect's Office to ascertain whether he has
received all addenda and/or bulletins. All addenda and
bulletins will be approved by the Office of the State
Architect and/or other governing authorities.
PART ~' INTERPRETATION
Drawings, specifications and all other Contract Documents
are intended to be self-explanatory. Should any
discrepancy appear to exist, or any misunderstanding
arise involving the intent and meaning of the drawings
and/or specifications or the sufficiency or performance
of the work thereunder, the decision of the Architect
shall be final and bindinq upon the Contractor.
PART 4 LOCATION OF PROJECT
The property upon which the work is to be done is located
at 4200 Ashe Road, Bakersfield, CA 93313 and is that
property owned by the Panama-Buena Vista Union School
District.
END OF SECTION .
798
.4/26/90
CONTRACT DOCUMENTS SECTION 00851 2
SECTION 01O60
REGULATORY RE~UIltEHENTS
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
The following Supplemental Conditions apply to school projects and are
in addition to the General Conditions, Section 00701. Items in this
Section modify the General Conditions and shall take precedence
~ thereover. Unaltered portions of the General Conditions shall remain
in effect.
PART 1 GOVERNING (REVIEWING AND APPROVING) AGENCY
The Governing (Reviewing and Approving) Agency for this
· project shall be:
CITY OF BAKERSFIELD
PART 2 STATE LAWS AND REGULATIONS
· 2.01 The project shall be constructed under the complete
jurisdiction of all laws of the State of California
governing the construction of public buildings, to-wit:
a. Title 19 and Title 24, Parts 1, 2, 3, 4 and 5 of the
~ California Code of Regulations.
· b. All laws governing the employment of labor, qualification~
for employment, posting of minimum wage rates, hours of
work, employment of aliens, payment of employees, convict-
made materials, domestic and foreign materials and accident
prevention.
c. Title 19 of the California Code of Regulations entitled
0 "Public Safety".
d. General Industrial Safety Orders: Each and every Contractor
shall observe and conform to the provisions of Title 8,
California Code of Regulations bearing upon safe and proper
use, construction, disposal, etc., of materials, machinery
and building appurtenances as therein set forth°
· e. Code Rules and Safety Orders: All work and materials shall
be in full accordance with the latest rules and regulations
of the State Fire Marshal; the safety orders of the Division
of Industrial Safety, Department of Industrial Relations,
and any State Laws or Ordinances. Nothing in these plans
and specifications is to be construed to permit work not
· conforming to these Codes.
f. National Electric Code
g. Uniform Mechanical Code
h. Uniform Plumbing Code
i. Occupational Health and Safety Act (OSHA)
· j. Uniform Building Code
·
REGULATORY REQUIREMRNT$ SECTION 01060
SECTION 01060
All of the above laws and regulations, through referral
herein, are as much a part of the Contract as if they were
incorporated in their entirety in this Section.
PART 3 TESTS AND INSPECTIONS
a. Tests and Inspections shall be as specified in Section
01402.
b. The Architect or Registered Engineer in general responsible
charge shall designate the testing of materials consistent
with the needs of the project and shall issue specific
instructions to the testing agency.
4/11/91 END OF SECTION
798
·
1LEGULATORy REQUI~S SECTION 01060 2
SECTION 01301
SUBMITTALS
The following Supplemental Conditions apply to school projects and
are in addition to the General Conditions, Section 00701. Items in
this Section modify the General Conditions and shall take
precedence thereover. Unaltered portions of the General Conditions
shall remain in effect.
PART 1 GENERAL
1.01 SECTION INCLUDES
a. Submittal procedures
~ b. Construction Progress Schedules
c. Proposed Products List
d. Shop Drawings
e. Product Data
f. Samples
· g. Manufacturers' Instructions
h. Manufacturers' Certificates
1.02 RELATED SECTIONS
a. Section 01402 - Quality Control: Manufacturers' field
services and reports.
· b. Section 01701 - Contract Closeout; Contract warranty an~
manufacturer's certificates closeout submittals.
1.03 SUBMITTAL PROCEDURES
~ a. Transmit each submittal with AIA Form GS10 or Architect-
approved form.
b. Sequentially number the transmittal forms. Resubmittals
to have original number with an alphabetic suffix.
c. Identify project, general contractor, construction
manager, prime contractor or supplier; pertinent drawing
sheet and detail number(s), and specification section
~ number, as appropriate.
d. Apply general contractor's stamp, signed or initialled
certifying that review, verification of products
required, field dimensions, adjacent construction work,
and coordination of information, is in accordance with
· the requirements of the work and contract documents.
e. Deliver to Architect at business address. Coordinate
submission of related items. Architect shall have a
minimum of 21 calendar days for review of all submittals.
f. Identify variations from contract documents and product
or system limitations which may be detrimental to
~ successful performance of the completed work.
g. Provide space 4" x 4" for contractor and architect review
stamps.
SUBMITTALS SECTION 01301 1
SECTION 01301
h. Revise and resubmit submittals as required, identify all
changes made since previous submittal.
i. Distribute copies of reviewed submittals to concerned
parties. Instruct parties to promptly report any
inability to comply with provisions.
j. All submittals, except shop drawings, required shall be
submitted within 7 days unless noted otherwise or as
shown on drawing from date of award of contract for shop
drawings, product data, samples, and product delivery
dates, including those furnished by Owner.
1.04 PROPOSED PRODUCTS LIST
a. Within 7 days after date of award of contract, submit
complete list of major products proposed for use, with
name of manufacturer, trade name, and model number of
each product.
b. For products specified only by reference standards, give
manufacturer, trade name, model or catalog designation,
and reference standards.
1. o05 SHOP DRAWINGS
a. SUbmit in the form of one reproducible transparency and
seven opaque reproductions.
b. After review, distribute in accordance with Paragraph
1.03 above and for Record Documents described in Section
01701 - Contract Closeout.
c. All shop drawings shall be submitted within 7 days after
the award of the contract.
1.06 PRODUCT DATA
a. Submit the number of copies which the contractor
requires, plus three copies which will be retained by the
Architect.
b. Mark each copy to identify applicable products, models,
options, and other data. Supplement manufacturers'
standard data to provide information unique to this
project.
c. After review, distribute in accordance with Paragraph
1.03' above and provide copies for Record Documents
described in Section 01701 - Contract Closeout.
1.07 SAMPLES
a. Submit samples to illustrate functional and aesthetic
characteristics of the Product, with integral parts and
attachment devices. Coordinate sample submittals for
interfacing work.
SUBMITT;tLS SECTION 01301
SECTION 01301
b. Submit samples of finishes from the full range of
manufacturers' standard colors, textures, and patterns
for Architect's selection.
c. Include identification on each samples, with full project
information.
d. Submit the number or samples specified in individual
specification sections; one of which will be retained by
Architect.
e. Reviewed samples which may be used in the work are
indicated in individual specification sections.
1.08 MANUFACTURER'S INSTRUCTIONS
a. When specified in individual specification sections,
submit manufacturers' printed instructions for delivery,
storage, assembly, installation, start-up, adjusting, and
finishing, in quantities specified for Product Data.
b. Identify conflicts between manufacturers' instructions
and contract documents.
1.09 MANUFACTURER'S CERTIFICATES
a. When specified in individual specification sections,
submit manufacturers' certificate to Architect for
review, in quantities specified for Product Data.
b. Indicate material or product conforms to or exceeds
specified requirements. Submit supporting reference
data, affidavits, and certifications as appropriate.
c. Certificates may be recent or previous test results on
material or product, but must be acceptable to the
Architect.
END OF SECTION
s/iS/gl
798
SUBMITTALS SECTION 01301
SECTION 01402
QUALITY CONTROL
DIVISIONS 0 AND i ARE A PART OF THIS SECTION.
PART 1 GENERAL
~ 1.01 SCOPE OF WORK
The work of this Section shall include the furnishing of all
labor, materials and equipment required to complete all the
tests and inspections of materials indicated on the drawings
and as specified herein.
~ 1.02 WORK INCLUDED
a. Earthwork: Inspection of subgrade improvement operations,
compacted fill and field density tests.
b. Concrete Work: Testing and certification of concrete
ingredients, compression cylinders, reinforcing steel and
placement inspections.
1.03 OWNER'S INSPECTOR
a. An inspector employed by the Owner in accordance with the
requirements of State of California Code of Regulations,_
~ Title 24 will be assigned to the work. His duties are
specifically defined in Title 24, Sec. 4-342.
b.. The work of construction in all stages of progress shall be
subject to the personal continuous observation of the
inspector. He shall have free access to any or all parts of
the work at any time. The General Contractor shall furnish
· the inspector reasonable facilities for obtaining such
information as may be necessary to keep him fully informed
respecting the progress and manner of the work and the
character of the materials. Inspection of the work shall
not relieve the General Contractor from any obligation to
fulfill this Contract.
· c. The Owner shall have the right to reject materials and
workmanship which are defective, or to require their
correction. Rejected workmanship shall be satisfactorily
corrected and rejected materials shall be removed from the
premises without charge to the Owner. If the General
Contractor does not correct such rejected work within a
~ reasonable time, fixed by written notice, the Owner may
correct same and charge the expense to the General
Contractor. Should it be considered necessary or advisable
by the Owner at any time before final acceptance of the
entire work to make an examination of the work already
completed by removing or tearing out the same, the General
Contractor shall on request promptly furnish all necessary
facilities, labor and materials. If such work is found to
QUALITY CONTROL SECTION 01402
SECTION 01402
be defective in any respect due to the fault of the General
Contractor or his subcontractor, he shall defray all
expenses of such examinations and of satisfactory
reconstruction. If, however, such work is found to meet the
requirements of the Contract, the additional cost of labor
and material necessarily involved in the examination and
replacement shall be allowed the General Contractor.
1.04 COOPERATION
a. Laboratory: Shall cooperate with all trades whose work
affects or is affected by the tests and inspections.
b. Cooperation: The General Contractor to cooperate with and
provide testing laboratory opportunity and assistance in
taking samples, making field tests and making inspections.
1.05 SPECIAL PROVISIONS
a. Governing Agency: Shall be as specified in Section 01060.
b. Laboratory: To be approved by Owner, Architect, Structural
Engineer and Governing Agency. Laboratory shall be in the
employ of the Owner.
c. Duties of Testing Laboratory: Inspect stock, mark
identified stock, select and mark test specimens, perform
required tests, inspections as specified, furnish required
reports and certificates.
d. Reports: To be executed immediately upon conclusion of each
procedure and forwarded to:
Architect Mechanical Engineer Contractor Owner
Subcontractor Job Inspector Governing Agency
(1) Such reports shall include all tests made, regardless
of whether such tests indicate that the material is
satisfactory or unsatisfactory. Samples taken but not
tested shall also be reported. Records of special
sampling operations as required shall also be reported.
The reports shall show that the material or materials
were sampled and tested in accordance with the
requirements of Title' 24 and with the approved
specifications. Test reports shall show the specified
design strength. They shall also state definitely
whether or not the material or materials tested comply
with requirements.
(2) Verification of Test Reports: Each testing agency
shall submit to the Office of the Architect a verified
report in duplicate covering all of the tests which are
required to be made by that agency during the progress
of the project. Such report shall be furnished each
time that work on the project is suspended, covering
the tests up to that time, and at the completion of the
project, covering all tests.
QUALITY CONTROL SECTION 01402 2
SECTION 01402
e. Payment: The Owner shall pay for all tests. When in the
· opinion of the Architect additional tests are required, then
such tests and inspection shall be paid for by the Owner but
the amount paid shall be deducted from the Contract Price.
Examples of such additional tests are: Tests of material
substituted for previously accepted materials, unidentified
materials, retests made necessary by the failure of
materials to comply with the requirements of the
specifications and load tests necessary because certain
portions of the structure have not fully met specification
or plan requirements.
f. Selection of Samples: All samples and specimens for testing
shall be selected by the inspector or by the testing
laboratory, but not by the Contractor. The Contractor
shall, at his own expense, furnish, package, mark and
deliver all samples to be tested, when so directed by the
inspector, testing laboratory, or as required by the
specifications. Delivery of samples to the testing
laboratory shall be made in ample time to allow tests to be
$' made without delaying construction. No extra time will be
allowed for the completion of the work by reason of delay in
testing samples. The General Contractor shall allow free
access at all times to the representatives of the testing
laboratory to the sources from which samples are taken.
g. Preparation of Specimens: Taken by and at expense of
· fabricator under direction of testing laboratory and
machined or prepared to conform to appropriate ASTM
specification. Cost of machining specimens is considered
part of the testing.
h. Architect and Mechanical Engineer reserve the right to
demand for test and special examination any materials or
part thereof to insure compliance with specifications, and
may reject for satisfactory replacement, any material or
part judged defective as a result thereof. Applies also to
materials or sources of same substituted for those
previously approved. Such tests or examinations, even
though not specified shall be performed as and when
required. Costs paid for by Owner, but the amount paid
shall be deducted from the Contract.
PART 2 EXECUTION
2.01 EARTHWORK (Refer to Section 02200)
a. Testing Agency: Any required foundation consultation,
examination or testing shall be done by an approved
Geotechnical Engineer, per T24, Section 2903(a). Costs paid
by Owner.
b. Consultation or Procedures for this part of the work shall
be only as requested by the Architect and Mechanical
QUALITY CONTROL SECTION 01402
SECTION 01402
Engineer at the time work on the site is commenced and may
consist of the following:
(1) Examination of exposed subqrades resulting from the
cutting operation, including field density tests if
considered necessary.
(2) Verify completed foundation excavations.
(3) Periodic inspection of any required filling and
backfilling, including field density tests if
considered necessary.
(4) Imported or Native Fill Material: Approved material,
perform suitability tests for compaction, qualities and
optimum moisture if required.
(5) Provide Continuous Inspection Supervision during
removal and recompaction of existing soil and placement
of fill.
(6) Inspect and approve completed footing excavations.
(7) Field Density Tests: Shall be made on samples from
material in place as required to verify proper
compaction densities of fills and backfills.
c. Densities and Method: Densities specified relate to ASTM
Designation D-1557-78 Method A.
2.02 CONCRETE WORE (Refer to Section'0$010)
a. Inspections:
(1) Notification: The General Contractor shall notify the
following people, giving advance notice prior to
commencing the designated work:
Person Advance Prior to For
Notified Notice Commencing Inspection
Architect 24 hours Form Work Excav.
Architect & Inspector 24 hours Pouring Conc. Form &
Steel
Governing Agency 48 hours Pouring Conc. Form &
Steel
(2) No concrete shall be poured except in the presence of
the Owner's Inspector and only after the forms and
reinforcing steel have been approved by the Mechanical
Engineer or his representative, the Architect and the
governing agency.
($) .Batch Plant Inspections: When transit mixed concrete
is used, continuous inspection shall be maintained at
the plant by a qualified concrete technician who shall
issue tickets certifying that quantities and quality of
all materials used in the concrete are in accordance
with these specifications and the approved design mix.
The Owner will pay the costs of this inspection. This
inspection will not be required for non-structural
concrete (as defined in Paragraph (4) following).
QUALITY CONTROL SECTION 01402
SECTION 01402
(4) Bonded Weiqhmaster Certificates: Non-structural
concrete such as floor slabs on grade, walks, curb &
gutter, etc., shall not require continuous batch plant
inspection, but instead, a bonded weighmaster shall
furnish notarized affidavits certifying that quantities
and quality of all materials used in the concrete are
in accordance with these specifications and the
approved mix design. Waiver of batch plant inspection
shall comply with T24, Sec. 2628(e).
b. Tests: All concrete materials to be tested and reported
prior to any use of same.
(1) Portland Cement: Shall be tested in accordance with
T24, Section 2628(a), 2603(c) and ASTM C-150-89. One
sample shall be taken for each 100 tons of cement
except that when used in bulk loading ready mix plants
where separate bins for pretested cement are not
available, grab samples shall be taken for each
shipment of cement placed in the bin with not less than
one sample being taken for each day's pour and such
samples shall be subsequently tested if required by the
Architect, structural engineer or the Office of the
State Architect.
(2) Aqgreqate: Shall be in conformance with T24, Sec.
2605(d).
($) Reinforcinq Steel: To be tested prior to use for
compliance with T24, Sections 2628(b) and 2605(f), and
ASTM A-615-89 requirements, and comply with quality
standards of 2402(b)10. Welded rebar shall be
inspected and certified per T24, Section 2628(1).
(a) Samples: To be selected by representative of
testing laboratory from material at the building
site or place of distribution, to consist of two
(2) pieces, each 18 inches (18") long of each
size, furnished, cut and prepared for testing by
Contractor, marked and delivered by representative
of testing laboratory.
(b) Tests: One (1) tension and one (1) bend tests
shall be made of each size of reinforcing steel
including wire fabric. One (1) series of tests
shall be made for each ten (10) tons or fraction
thereof of each size of reinforcing steel if the
bundles as delivered can be identified as to heat
number and the mill analysis accompany the report.
· If they cannot be identified as to heat number,
then one (1) series of tests shall be made from
each two and one-half (2-1/2) tons or fraction
thereof.
(4) Cylinder Tests: Shall comply with T24, Sec.2604(h).
(a) Three (3) cylinders of concrete shall be made for
each fifty (50) cubic yards of each grade of
concrete of fraction thereof being placed each
·
QUALITY CONTROL SECTION 01402 5
SECTION 01402
day. Each cylinder shall be dated, given a
number, the point in the structure from which the
sample was taken noted thereon and the slump noted
thereon.
(b) Test cylinders-shall be made at the job and stored
in the testing laboratory in accordance with ASTM
C-31-88. At the end of twenty-four (24) hours
after making, the cylinders shall be stored under
moist curing conditions at approximately 70
degrees F. and maintained therein until tested.
The cylinders shall be tested in accordance with
T24, Section 2604(d) and ASTM C-39-86. The
cylinders shall develop the following minimum
ultimate compressive strengths:
Design 7 Day 28 Day
Strength Test Test
2500 p.s.i. 1500 p.s.i. 2500 p.s.i.
3000 p.s.i. 1800 p.s.i. 3000 p.s.i.
(c) If the strengths of the first two cylinder tests
are satisfactory,'the third cylinder shall not be
tested, but destroyed. The third cylinder shall
be tested if the strengths of the first two
cylinders are not satisfactory.
(d) If the strength of the cylinders does not meet the
minimum as mentioned above, core tests of the
hardened concrete shall be made in accordance with
T24, Section 2604(h), and ASTM C-42-87. If the
core tests show the concrete strength to be
deficient, the concrete shall be deemed defective
and removed. The General Contractor shall pay all
costs of these core tests.
c. Laboratory Designed Mixes: See Paragraph 3.01,
Proportioning of Concrete Mixes, Section 03010, Concrete
Work.
END OF SECTION
4/11/91
·
QUALITY CONTROL~ SECTION 01402 6
SECTION 01741
GU~T~
Guarantee for (describe project) IN-TANK LEAK DETECTION, INTERSTITAL
LEAK SENSING AND VAPOR SENSING SYSPTEM AT THE PANAMA-BUENA VISTA UNION
SCHOOL DISTRICT BUS GARAGE FACILITY
We guarantee that the construction work described above has been
performed in accordance with and complies with the contract documents.
We agree to repair or replace any or all of the work, together with
any other adjacent work which may be required in connection with it,
that may prove to be defective in workmanship or material within a
period of years from the date of acceptance of the project
by the School District,
ordinary wear and tear excepted.
In the event of our failure to comply with these conditions within a
reasonable period of time, as determined by District, but not later
than days after being notified in writing by District,
we authorize District to proceed to have the defects repaired at our
expense, for which we will pay the costs and charges upon demand.
Dated: General Contractor
By
Title
Representative (General Contractor)
to be Contacted for Service:
Name:
Address:
Te 1 ephone:
SECTION 02200
EARTHWORK
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL
1.01 SCOPE OF WORK
The work of this section shall include the furnishing of all
labor, materials and equipment required to complete the
excavation, backfilling and compacted fill work for
trenching of all utility lines as indicated on the drawings
and as specified herein.
1.02 WORK INCLUDED (But not limited to the following items)
ao Furnish imported fill material, if required.
b. Excavating for all trenches for leak detection and
monitoring system.
c. Proper bracing and shoring of all excavation where necessary
to prevent caving.
d. Backfilling, placing and compacting fill as required for
tenches for leak detection and monitoring system.
eo Subgrading and preparation of subgrade for asphaltic
concrete surfacing.
f. Applying water to obtain compaction required in fills.
g. Final finish grading.
h. Cleaning of site of all material excavated and not used and
disposing of away from site.
1.03 OWNER'S REPRESENTATIVE
a. The earthwork operations will be under the direct inspection
of the Inspector for this Project. Refer to Section 01402,
Tests and Inspections.
b. The Inspector shall be the Owner's representative in control
of all earthwork. The Inspector will approve or disapprove
fill materials; will make appropriate tests and pass or
reject compacted fill and will designate for removal any
unsuitable materials, which may remain at the bottom of the
excavated area after the limits of excavation indicated by
the drawings have been reached.
c. The contractor shall comply with the instructions of the
Inspector as to the aspects of the work described above and
shall cooperate with the Inspector in his performance of
these duties.
EARTHWORK SECTION 02200 1
'SECTION 02200
1.04 PROTECTION
a. Protection of Property: Care shall be taken to prevent
damage to adjoining property and this contractor shall make
good any damage resulting from this operation.
b. Maintain protections and barricades as required. Cooperate
with other trades requiring access.
c. Survey work furnished by the owner, such as horizontal and
vertical control survey monuments, bench marks, etc., shall
be carefully maintained. Said work, if disturbed or
destroyed, shall be replaced by the contractor's surveyor at
the contractor's expense..
d. Loads of material moving to or from the site shall be
trimmed to prevent droppings along the street.
1.05 UNDERGROUND PIPES, CONDUITS AND UTILITIES
a. Observe applicable regulations in work affecting underground
utilities. Protect active utilities from damage and remove
or relocate only as indicated or specified. Remove and plug
or cap inactive or abandoned utilities encountered in
excavating or grading. In absence of specific requirements,
plug or cap at least 5 feet outside building walls.
b. Excavatinq or trenching for new pipe, conduit or utility
lines within five feet of building lines and under exterior
walks, drives or pavement is subject to provisions of these
specifications with. respect to protection from moisture,
backfilling and grading.
c. Lines Containing Liquid: Check for leaks and certify to
owner. Run such lines at least 5 feet outside building
lines wherever possible.
d. Notify utility companies and owner for all utilities to be
cut off, modified or relocated. Maintain active utilities
and protect same. No utilities shall be cut off without
first obtaining permission from the'Owner.
1.06 DRAWINGS AND SPECIFICATIONS
Any excess earth not needed for filling shall be removed
from the site. Any earth required for filling shall be
furnished by the contractor and shall meet the requirements
under materials section for earth fill.
1.07 INSPECTION OF SITE
The contractor shall accept the site as he finds it at .the
time of submitting his bid for this work and no allowances
will be made for any error or negligence resulting from his
failure to inspect the site prior to submitting his bid
proposal.
EARTHWORK SECTION 02200
SECTION 02200
1.08 LAWS AND ORDINANCES
All excavating, bracing, barricading, backfilling, etc.,
shall be done in accordance with all applicable laws and/or
ordinances.
1.09 ASTM STANDARD SPECIFICATIONS
Wher® reference is made to ASTM Standard Specifications, the
latest issue of such specifications shall apply, except
where other Specific issue dates are identified in the Soils
Report, T24, Part 2, or the applicable U.B.C.
1.10 SURFACE WATER
Surface water shall be controlled by grading as necessary to
prevent erosion, damming or ponding in the bottom of
structural excavations.
1.11 ALLOWABLE TOLERANCES
Maximum variation from indicated grades shall be 1/10 of one
foot.
PART 2 PRODUCTS
2.01 MATERIALS
a. Earth for filling and backfilling shall be acceptable to the
Architect and Geotechnical Engineer and shall be free from
all objectionable material and shall be a clean, granular
material suitable for compaction. Must be tested and
approved by the Soils Engineer.
PART 3 EXECUTION
3.01 TRENCHING
Dig straight and true to line and grade, smooth bottom of
any rock points. Where rock is encountered, excavate 3"
below bottom of pipe and fill with 3" of sand. Pipe shall
be supported for the entire length on undisturbed original
earth or packed sand. The bottom of the trenches shall be
shaped or packed for the pipe or duct fittings, hubs and
couplings, using templates to fit the outside periphery of
the lower third of the piping or ductwork. Natural gas,
water, sewer, underground sprinkler and electrical conduit
shall be provided with a minimum of 24 inches of cover where
installed below grade and or as required by local utility
concerns.
·
EARTHWORK SECTION 02100
SECTION"02200
3.02 BACKFILL
Before beginning backfill, bring the moisture content to 95%
optimum moisture content. Mix the backfill thoroughly
outside of the trench and lay in enough soil that can be
compacted to a 12 inch layer of 95% density and the same for
all succeeding lifts. The jetting, puddling or ponding
methods to achieve moisture content shall not be used. The
project inspector will notify the soils laboratory to test
the backfill for proper density and moisture content of the
lifts at his discretion. Any failures of tests shall be
retested until proper density has been established.
3.03 FIELD DENSITY TESTS
Field density tests shall be taken as directed by the
Engineer and when these tests indicate that the density of
any layer of fill or portion thereof is below the required
ninety percent (90%) density, that particular layer or
portion shall be reworked until the required density has
been obtained.
3.04 EXCAVATIONS
a. The bottom of all excavations shall be smooth, level and
firm and at the depth as required.
b. All excavations shall be kept free of standing water by
pumping, draining or any means necessary to this end.
c. The contractor shall bear all costs for additional work on
account of overexcavation.
3.05 DISPOSAL AND CLEANUP
a. Rubbish, Debris, Rocks, Trees, etc.: Hauled away from site
promptly and legally disposed of.
b. Topsoil Strippings: Legally dispose of off site.
c. Excess earth resulting from cutting' and excavation to be
legallY disposed of off the site or hauled to an area as
designated and stockpiled.
d. Dust and Noise Abatement: During entire period of
construction and during loading, keep area and material
being loaded sprinkled to reduce dust in air and annoyance
to premises and neighborhood. Exercise all reasonable means
to abate undue noise.
e. Clean up site, remove all debris and leave premises in clean
and orderly condition.
END OF SECTION
6/14/90
798
EARTHWORK SECTION 02200
VEOETAfl!.I_ON._L_'ON'I:ROt, S E .C_T_J.O_N_0 2 2__8.2_
D.tVISIONS 0 AND 1 ARE A PART OF 'l'H.ti3 13EC'rJ. ON
PAR_T__1. . OEN. ERAh
1,01 ~3UOP. E_.O...t,.'____W.O_R. _K.
The work of this Section shall include the furnishing of al:
labor, materials and equipment required to complete
sterilization to prevent seed germination and plant growth,
under pavlng, sldewalks and other areas indicated on the
drawings.
1.02
Take necessary Precautions to protect adjoining property and
areas designated for plantlng on building site.
FA~. 'r.._2
2.01 A_cc_e_p.~a_b_l.e._Na__t_e._r_i.a_l.s:
a. Monobor Chlorate, as .manufactured by Best Chemical Co.
Dyclomec AG~ as manufactured by PB1/Gordon Corp.
PAR'_I'__ 3. EXEC U'.I:.I_ON
3.01 Apply in accordance with the manufacturer's recommendation.
END OF
1/28/91
·
VE{JETATION CONTROl. ~ECT.[ON 02282 1
SECTIO5 02513
ASPHALTIC CONCRETE
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL
1.01 SCOPE OF WORK
The work of this Section shall include all labor, material,
equipment and appliances required to complete all the work
shown on the drawings and/or specified hereunder.
1.02 WORK INCLUDED
a. Patching and preparing the finish sub-grade to receive
asphaltic concrete.
b. Patching of aggregate base and paving with asphaltic
concrete of all areas as indicated on the drawings.
c. Fog seal.
d. Sawcut existing asphaltic concrete as required.
1.03 RELATED WORK
a. Vegetation control is specified under Section 02282.
b. Finish grading is specified under Earthwork,. Section 02200,
however, rolling preparation of finish grade under asphalt
paving is part of this contract.
1.04 GUARANTEE
· In addition to the guarantee as specified elsewhere in
these Specifications, this Contractor shall repair or
restore to first class condition any portion of the
asphaltic concrete paving in which creeping., shoving,
cracking, raveling, softening or other defects that are due
to improper placing or defective materials that appear or
become apparent within one (1) year from the date of
acceptance.
PART 2 PRODUCTS
2.01 MATERIALS
a. Hot-Mix Asphaltic Concrete, uniformly graded aggregate to
1/2" maximum medium grading, graded as per State cf
California Division of Highways, Standard Specifications
Section 39 and intimately mixed with 5 - 6-1/24 of AR 8000
or AR 4000 paving asphalt or as determined by the Architect.
b. A~recate Base: Class 2, 3/4" aggregate graded as per State
of California Division of Highways, Standard Specifications.,
Section 26.
ASPHALTIC CONCRETE SECTION 02513
SECTION 02515
c. Foq Seal: Asphalt emulsion SS-i/SS-ih mixed with water 1:1.
PART $ EXECUTION
$o01 INSPECTION
a. Verify gradients and elevations of sub base are correct.
b. Beginning of installation, means acceptance of substrate.
3.02 TOLERANCES
a. Flatness: Maximum variation of 1/4 inch, measured with 10
foot straight edge.
b. -Compacted Scheduled Thickness: Within 1/4 inch of design
thickness.
c. Variation from True Elevation: Within 1/2 inch.
3.03 INSTALLATION
a. Preparation of Grade: All base over which asphaltic
concrete is to be placed shall be rolled with a three (3) to
five (5) ton roller, making seven (7) passes over all of the
areas to receive asphaltic concrete.
b. Pavinq for Vehicular Traffic: Asphaltic concrete and
aggregate base shall be placed to thicknesses to match
existing. Asphalt concrete shall be placed and compacted in
accordanace with Section 39 and base material shall be
spread and compacted in accordance with Section 26 of the
State of California, Division of Highways Standard
Specifications. The finish shall have no variations greater
than one-quarter inch (1/4") in ten feet (10'-0") and the
texture of finish shall be uniform and at a maximum density
for the type of aggregate used.
c. Foq Seal: Spray the entire area after the paving is
completed at a rate of approximately 0.1 gallon per square
yard as per Section 37 of the State specifications.
3.04 GENERAL REQUIREMENTS
a. Layout of Work: This contractor shall lay out his work and
be responsible for the accuracy of the measurements.
b. Cooperation: This contractor shall cooperate with the other
trades in establishing the time of commencing and completing
the work of this section.
c. Approvals: The material source from which asphaltic
concrete is procured shall be approved by the Architect.
d. Protection of Other Work: Care shall be taken to prevent
damage to existing property, concrete slabs and to any of
the new work performed under the contract and shall make
good any damage resulting from this operation.
ASPHALTIC CONCRETE' SECTION 02513 2
SECTION 02513
e. Inspection of Site: This contractor shall be held to have
examined the site and satisfied himself to the existing
conditions and the conditions under which he will be obliged
to operate.
END OF SECTION
7~5~90
798
·
ASPHALTIC CONCRETE SECTION 02513
· . SECTION 02515
CONCRETE PAVING
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL
1.01 WORK INCLUDED
a. Patching of site concrete paving, including sidewalks, fire
lane, as required.
b. Patching of curbs, gutters.
c. Sawcuttin9 and removal of existing concrete, curbs, gutter,
sidewalks, etc. as required for trenching, excavation, etc.
1.02 RELATED SECTIONS
a. Earthwork
b. Asphalt concrete paving
1.05 OUALITY ASSURANCE
a. Comply with the latest ·publications for materials and
operations of the following:
1. The American Society for Testing and Materials (ASTM).
2. American National Standards Institute (ANSI).
3. The American Concrete Institute (ACI).
4. The American Welding Society (AWS).
5. Portland Cement Associations (PCA).
6. State and Local Building Codes.
7. State of California, Department of Transportation
(CALTRANS) Standard Specifications, January, 1988.
b. Certify in writinc that Contractor has not less than five
years experience in the field of providing specified
finishes.
c. Perform work s~ecified herein under the personal and
constant supervision of a competent construction
superintendent experienced in this class of work.
d. Provide slum~ tests for checking consistency of concrete
mixture shall be made in accordance with ASTM C-143.
e. Paw for any and all re-inspection, re-testing, re-design
required due to the failure of concrete to meet
requirements.
f. ~or additional reference information, consult Portland
Cement Association booklet; Cement Mason's Guide to Building
Concrete Walks, Drives, Patios, and Steps.
9. All concrete work: True to lines and grade as indicated on
the drawings. Be responsible for proper drainage, without
birdbaths, on all concrete paving surfaces. Bring
discrepancies or omissions on drawings, or conditions on the
site which prevents proper drainage to the attention of the
Architect in writing for corrections before work proceeds.
·
CoNcRETE PAVING SECTION 02515
SECTION 02515
h. All Construction: Conform to current applicable codes and
ordinances.
i. Coordinate placement of embedded items to avoid block-outs
and cutting in finished work.
1.04 SUBMITTALS
a. Submit manufacturer's certification that materials meet
specification requirements.
b. Submit concrete mix design.
1.05 PACKAGING, DELIVERY, STORAGE AND HANDLING
a. Deliver packaged materials in manufacturer's original,
unopened containers bearing manufacturer's name and brand.
b. Protect materials delivered against inclusion of foreign
matter.
c. Store materials in dry location and protect against water.
1.06 JOB CONDITIONS
a. Inspection:
1. Examine areas for conditions under which work is to be
performed. Report in writing to Architect all
conditions contrary to those shown on the drawing or
specified herein and all other conditions that will
affect satisfactory execution of work such as
improperly.constructed substrates or adjoining work.
Do not proceed with work until unsatisfactory
conditions have been corrected.
2. Start of work constitutes acceptance of the conditions
under which work. is to be performed. After such
acceptance, be responsible for correcting all
unsatisfactory and defective work resulting from such
unsatisfactory condition at own expense.
b. Do not start work until temperature is at least 50 degrees F
and rising, or if rain is predicted within eight hours.
c. Owner will select a qualified testing laboratory to take
samples for testing during the course of the work as
considered necessary. Cost of such test will be paid for by
Owner. Cooperate in making tests and be responsible for
notifying the designated laboratory in sufficient time to
allow taking of sample at time of placement.
d. If test shows that concrete is. below specified strength,
remove all such concrete, as directed by Architect. Pay for
removal of low strength concrete and its replacement with
concrete of proper specified strength and testing.
cONCRETE PAVING SECTION 02515
SECTION 02515
O PART 2 PRODUCTS
2.01 MATERIALS
a. Cement: Shall conform to ASTM C-150-89, Type II, low
alkali.
· b. Concrete: Shall be 2500 psi, Class B, 5.25 sack mix unless
otherwise indicated; conforming to Section 90 of the State
Standard Specifications.
c. Aggregate: Shall be i inch maximum, conforming to ASTM C-
33-86.
d. Water/cement ratio: Shall not exceed 7.6 gals./sack cement.
· e. Reinforcing: Shall conform to ASTM A-615, Grade 40,
deformed bars or smooth dowels.
f. Curinq Compound: Shall conform to AASHTO Des. ~148, Type 2,
Class A, white pigmented, except the loss of water in the
water retention test should not exceed 0.04 grams per square
centimeter of surface.
O g. Preformed Joint Filler: Shall conform to ASTM D-1751-83 or
ASTM D-994-82, 1/2 inch thick unless otherwise indicated.
h. Water: Shall be clean and free from deleterous acids,
alkali, oil, and organic matter, and shall be potable.
i. Slump: Maximum slump shall be 4", conforming to ASTM C-143-
89.
~ j. Form Release: Shall be a 1004 chemically reactive release_
agent conforming to Corps of Engineers CEGS-03300, Section
10.8.. Form oil, diesel oil or kerosene not allowed.
PART 3 EXECUTION
· 3.01 SUBGRADE PREPARATION
ao Subqrade for the curb, gutter, fire-lane, valley-qutters,
concrete paving and sidewalks: Grade to plus or minus 0.1
feet. Compact all subgrade on which concrete is to be
placed to a depth of 6 inches to a relative compaction of 90
percent prior to placing of any concrete.
· b. Protect the subgrade from damage after the preparation has
been completed. This contractor shall be responsible for
all additional fine grading as required.
c. Test the completed subqrade for grade and cross section by
means of a template supported on side forms. Wet the
subgrade and forms thoroughly, i~unediately in advance of
placing concrete.
3.02 FORMS
a. Forms: Shall be smooth on the side placed next to the
concrete, with a true smooth upper edge, and rigid enough to
~ withstand the pressure of fresh concrete without distortion.
CONCRETE PAVING SECTION 02515 3
!
SECTION 02515
b. All forms shall be thoroughly cleaned and coated with form
release to prevent the concrete from adhering to them.
Depth of face forms for concrete curbs, equal to the full
face height of the curb.
c. Carefully set forms to alignment and grade; conform to the
required dimensions. Hold forms rigidly in place by stakes.
Brace at 12" o.c. at plywood (5/8" min.) forms and 24" o.c.
at 2x forms. Use clamps, spreaders and braces where
required to insure rigidity in the forms.
d. Do not remove the' form on the front of curbs in less than
one hour nor more than six hours after the concrete has been
placed. In no event shall forms be removed while the
concrete is sufficiently plastic to slump. Do not remove
side forms for gutters and sidewalks in less than 12 hours
after the finishing has been completed.
3.'03 CURB AND GUTTER CONSTRUCTION
a. Expansion joints 1/2 inch wide shall be constructed in curbs
and gutters at 30 foot intervals, at each side of structures
and at the ends of curb returns. Expansion joints shall be
filled with pre-molded joint filler conforming to the
provisions in State Standard Specifications, Section 51-
01.12C, "Premolded Expansion Joint Fillers". Expansion
joint filler shall be shaped to the cross section of the
curb and gutter. Contraction joints shall be constructed at
10 foot maximum spacing. Cut contraction joints minimum 1-
1/4 inch deep with a jointing tool after surface has been
finished. Joints shall be constructed at right angles to
the curb lines. Concrete shall be placed and compacted in
forms without segregation.
b. Prior to the removal of-the forms, the surface shall be
finished true to grade by means of a straightedge float, not
less than 10 feet in length, operated longitudinally over
the surface of the concrete. Form clamps shall be so
constructed as not to interfere with the operation of this
float.
c. Immediately after removing the front curb forms, the face of
the curb shall be troweled smooth to the flow line of the
integral curb and gutter, and then finished with a steel
trowel. The top shall be finished and the front and back
edges rounded as shown on the plans.
d. After the face of the curb has been troweled smooth, apply a
final fine brush finish with brush strokes parallel to the
line of the curb. Give gutters a broom finish with strokes
parallel to the line of the gutter.
e. Top and face of the finished curb: Shall be of uniform
width, free from humps, sags or other irregularities. When
a straightedge 10 feet long is laid on the top of face of
the curb or on the surface of gutters, the surface shall not
CONCRETE PAVING SECTION 02515
SECTION 02515
vary more than 0.01 foot from the edge of the straightedge,
except at grade changes or curves.
f. Depress curbs to provide entrances for driveways and
wheelchair ramps. The entrances shall be of the dimensions
shown on the plans.
g. Clean, at own expense, all discolored concrete. The
concrete may be cleaned by abrasive'blast cleaning or other
methods approved by the Architect.
h. Make repairs by removing and replacing the entire unit
between scoring lines or joints.
$.04 VALLEY GUTTER, CONCRETE PAVING AND SIDEWALKS
a. Fresh concrete shall be struck off and compacted until a
layer of mortar has been brought to the surface. The
surface shall be finished to grade and cross section with a
float, troweled smooth and finished with a broom. The float
shall not be less than 10 feet in length and not less than 6
inches in width. Brooming shall be transverse to the line
of traffic and, if water is necessary, it shall be applied
to the surface immediately in advance of brooming. Test all
valley gutters to prove conformance with Article $.05 e.
b. Expansion joints 1/2 inch wide shall be constructed at all
turns and opposite expansion joints in adjacent curb. Where
curb is not adjacent, expansion joints shall be constructed_.
at intervals of $0 feet. Expansion joints shall be filled
with pre-molded joint filler conforming to the provisions in
Section 51-1.12c, "Premolded Expansion Joint Fillers".
Contraction joints shall be constructed at 10 foot maximum
spacing. Cut contraction joints minimum 1-1/4 inch deep
with a jointing tool after surface has been finished.
c. Where concrete borders are to be placed around or adjacent
to manholes, drop inlets, or other miscellaneous structures
in gutter depressions, island paving, or driveway areas,
such structures shall be constructed to final grade before
the borders are constructed.
3.05 CONCRETE FINISHES
Broom Finish: Texture with burlap bag on broom device to
produce a uniform, non-skid (broom) finish.
3.06 CONCRETE CURING
a. Spray the entire surface of the concrete uniformly with a
white pigmented curing compound. Should the film of
compound be damaged from any cause before the expiration of
72 hours, repair the damaged portions immediately with
additional compound.
b. Surface so newly placed concrete to be cured by the
pigmented curing compound shall be kept moist or wet until
CONCR~ PAVING SECTION 09-515 5
SECTION 02515
the curing compound is applied and the curing compound shall ·
not be applied until all patching or surfacing finishin9 has
been completed.
c. The curing compound shall be delivered to the work in ready-
mixed form. At the time of use, the compound shall be in a
thoroughly mixed condition with the pigment uniformly
dispersed throughout the vehicle. The compound shall not be O
diluted or altered in any manner.
d. Curing compound that has become chilled to such an extent
that it is too viscous for satisfactory application shall be
warmed to a temperature not exceeding 100 degrees F.
e. Apply the curing compound to the exposed surface at a
uniform rate of one gallon per 150 square feet of area. ~,.
$.O7 CLEAN UP
a. Upon completion of other 'work in buildings, all concrete
paving surfaces shall be swept clean and all mortar and
stains removed therefrom. ~
b. This Contractor shall remove from the premises all surplus
material, equipment and debris as a result of work in this
Section.
END OF SECTION
lO/ /9o _
CONCRETE PAVING SECTION 02515 6
SECTION 1560O
,· GENERAL MECHANICAL REQUIREMENTS
DIVISIONS 0 AND 1 ARE A PART OF THIS SECTION.
PART 1 GENERAL
· 1.01 GENERAL
a. The general provisions of the contract including General and
Supplementary Conditions apply to the work specified in this
Section.
b. It is mandatory that all bidders visit the site and inspect
,· the facilities before placing bid.
1.02 WORK INCLUDED
Furnish all labor, material and equipment required' to
complete the installation of the monitoring and detection
system as shown on the drawings and described in these
specifications, including all materials and labor not
specifically shown or mentioned, but necessary to make a
complete and operating system.
1.0S WORK NOT INCLUDED
a. General: The following work is specified elsewhere in these
specifications and shall be performed under the respective
Specification Section.
1. Concrete of any type unless specifically detailed and
noted on the drawings. All templates, dimensions, and
· locations of anchor bolts shall be furnished under this
Section of the Specifications.
2. Carpentry of any kind unless specifically detailed and
noted on the drawings. Plywood backboard is within the
scope of Section 15600.
S. Painting of any kind unless specifically detailed and
~ noted on the drawings or described hereinafter in these
Specifications.
4. Electrical power conduit and wiring including final
connections.
1.04 CODES AND STANDARDS
a. Should the drawings or the specifications call for material
or methods of construction of a higher quality or standard
than required by applicable codes or standards, the
specifications and/or drawings shall govern.
GENERAL MECHANICAL REQUIRFdTENTS SECTION 15600
SECTION 15600
b. In addition to that specified .in Section 0050lA, Public
Contract Code Requirements the following shall apply.:
1. California Code of Regulations
2. Title 8, Industrial Relations
3. Title 19, Public Safety
c. Uniform Building Code, 1988 Edition, State of California
1989 Amendments
d. Uniform Plumbing Code, 1988 Edition, State of California
1989 Amendments
e. National Electrical Code (NEC)
f. National Electrical Manufacturers Association (NEMA)
g. National Fire Protection Association (NFPA)
h. Underwriters' Laboratory (UL)
i. Requirements of local, state, and federal enforcing
authorities may supersede requirements of these codes and
nothing in these plans and specifications shall be construed
to permit work not conforming to applicable codes.
j. Application instructions for authority to construct and
permit to' Operate shall be completed and field by
Contractor. Contractor shall pay all filing fees which
shall be included in bid.
1.05 ACCEPTANCE OF WORK OF OTHERS
a. Before starting any work, thoroughly examine all existin9
and newly completed underlying .and adjoining work and
conditions upon which the installation of this work is in
any way dependent for the workmanship required by the
Contract Documents. Report to the Architect any and all
conditions which might adversely affect this work and limit
ability to perform the required workmanship.
b. No "waiver of responsibility" for incomplete, inadequate, or
defective underlying or adjoining work will be considered by
the Architect unless written notice of such unsatisfactory
conditions has been filed by the Contractor and acceded to,
in writing, by the Architect prior to starting work in
question.
c. The beginning of work shall be construed as evidence of
acceptance of any existing or newly completed underlying
and/or adjoining work as being in proper condition to
receive or adjoin this work.
1.06 MANUFACTURER'S RECO/TMENDATIONS
a. All material, equipment, and devices, etc., shall be
installed in a manner meeting approval of the
manufacturer of the particular item. The Contractor
shall make himself available of all installation
manuals, brochures, and procedures that the
manufacturer issues for the equipment and material.
Any proposed deviation from the manufacturer's
GENF_~ M~CHANICAL i~EQUIRF~ENTS SECTION 15600
SECTION 15500
installation recommendations shall he first accepted in
writing by the particular manufacturer. Contractor
shall be held responsible for alt installations
contrary to the manufacturer's recommendations.
Contractor shall make all necessary changes and
revisions to achieve such compliance. Manufacturer's
installation instructions shall be delivered to and
maintained at the job site throughout the construction
of the project.
1.07 SUBMITTALS Shall be per Section 01301.
1.08 EXCAVATION AND BACKFILLING
a. Excavation and backfilling for work to be done under this
Specification Section shall be done per Section 02200. All
underground lines outside buildings shall be 2'-0" minimum
cover. Width at top of pipe shall be 16" plus the outside
width of pipe or conduit.
b. Initial backfilling shall consist of 6" of sand. After
laying of pipe or conduit on initial backfill provide a
secondary backfill of sand to 12" above pipe or conduit.
Tertiary backfill shall consist of sandy or silty loam.
Tertiary backfilling of trenches, etc., shall be in six inch
layers of dampened tamped earth. Each layer shall be tamped
separately in the manner subject to the Architect's
acceptance. Puddling will be permitted for backfill six (6)
feet or more outside the buildings, but not under paved
areas or at locations of electrical conduit.
c. Restoration of existing surfaces such as concrete, turf, or
· asphalt, etc., shall be accomplished under other Divisions
of this specification.
1.09 HANGERS AND SUPPORTS
a. Provide all hangers and supports for the proper installation
of equipment and materials under this Section of the
specifications.
b. Any structural element required to properly hang or support
piping, ducts, or equipment, etc., and not shown on the
Drawings shall be provided under this specification section.
1.10 CONTINUITY OF SERVICES
a. All existing services and systems shall be maintained except
for short intervals when connections are to be made. The
Contractor shall be responsible for any interruptions of
service and shall repair damage done to any existing service
caused by work.
bo Interruptions of existing services shall be coordinated with
and approved by the Panama-Buena Vista Union School
GENERAL ITECHANICAL REQUIRFJTENTS SECTION 15600
SECTION 15600
District. Contact Mr. Gary Levey, Phone (805) 831-8331
Extension No. 103.
c. If utilities not indicated on the drawings are uncovered
during excavation, the Contractor shall notify the Architect
for further instructions. Contractor shall exercise extreme
care around existing tanks and between existing tanks and
pump island so as not to damage existing interconnecting
piping controls.
1.11 ELECTRICAL CONNECTIONS
a. All electrical power conduit, wiring, disconnects, and final
connections to equipment shall be provided under
Specification Division 16, Electrical.
bo Electrical Coordination:
1. Prior to commencing construction arrange a conference
with the electrical and mechanical trades as well as
equipment suppliers and verify types, sizes, locations,
voltage requirements, controls and diagrams of all
equipment furnished by them. In writing, inform the
Architect that all phases of coordination of this
equipment have been covered and if there are any
unusual conditions or problems they shall be enumerated
at this time.
1.12 FLASHING
a. Whenever any part of the Mechanical System(s) must penetrate
the roof or outside wall, the penetration must be done with
care and any openings shall be flashed and counter-flashed
absolutely water tight with minimum 24 gauge galvanized
sheet metal, prime coated.
!.lS SYSTEM IDENTIFICATION
a. Below Grade Pipinq: Bury a continuous, pre-printed, bright
colored plastic ribbon marker with each underground pipe or
conduit. Locate directly over buried Pipe, or conduit 6" to
8" below grade.
1.14 DEFINITIONS
a. Provide:
1. The term "provide" as used in these specifications or
on the drawings shall mean furnish and install.
b. PiDinq and Conduit:
1. The term "piping" and "conduit" as used in these
specifications or on the drawings shall mean all pipe,
conduit fittings, connectors and hangers, etc., as may
be required for a complete and functional system.
GENERAL MECHANICAL REQUI~TS SECTION 15600
SECTION 15600
· c. Wiring:
1. The term "wiring" shall include the provision of all
necessary products which are required for a complete
installation and shall include products such as
conduit, electrical boxes, connections, transformers,
relays and switches.
· d. In Ground and Below Grade:
1. The terms "in ground" and "below grade" are synonymous.
1.15 DRAWINGS
a. Because of the small scale of the drawings, it is not
0 possible to indicate all offsets, fittings, and accessories
that may be required. Carefully investigate the field
conditions that could affect the work to be performed and
arrange such work accordingly. Provide the required piping
and conduit offsets, fittings, and accessories to meet such
conditions.
1.16 MATERIALS AND EQUIPMENT
a. General: All materials and equipment shall be identified by
manufacturer's identification data. Unidentified material
or equipment shall be removed from the site or provided with
· field applied, manufacturer approved, descriptive metallic
labels.
END OF SECTION
Io/1 /9o
·
GENERAL HECHANICAL REQUIREMENTS SECTION 15600