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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