THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY DEPT: Chief Executive Office BOARD AGENDA # *B-15 Urgent Routine &a AGENDA DATE March 21,2006 CEO Concurs with Recommendation YES 415 Vote Required YES NO
SUBJECT: Approval for the Emergency Replacement of the Boiler System in the Courthouse Pursuant to Public Contract Code Section 22050, and Related Actions
STAFF RECOMMENDATIONS: 1. By a 415 vote, make the following findings:
a) that the sudden loss of the boiler system at the Courthouse on March 15, 2006 resulted in the inability to heat the courthouse;
b) that the replacement of the boiler system is necessary to permit the continued conduct of essential county operations or services;
(Continued on Page 2) FISCAL IMPACT: It is estimated that the cost to lease temporary boiler equipment, abate the asbestos in the boiler room, replace the boiler, and administer the project will not exceed $322,280.
The cost to install a temporary boiler system which includes preparing the area for installation, actual installation, installation of temporary fencing and four months of rental costs is projected to be $31,830. (Continued on Page 2)
BOARD ACTION AS FOLLOWS: NO. 2006-194
On motion of Supervisor -----E;~ye! IIIIIIIIIIIIIIIIIII. , Seconded by Supervisor ----MIadieId ------and approved by the following vote, Ayes: Supe~isors:~Q1B~:nMa~~1~d.~JQY~1~~~B~~~nL~and~Chairman~S'~mQn~...... Noes: Supervisors:Nm ...... Excused or Absent: Supervisors:N~oe...... Abstaining: SIIpe~isOr:N00%...... I) X Approved as recommended 2) Denied 3) Approved as amended 4) Other: MOTION:
ATTEST: 0 TALLMAN, Clerk File No. Approval for the Emergency Replacement of the Boiler System in the Courthouse Pursuant to Public Contract Code Section 22050, and Related Actions Page 2
RECOMMENDATIONS (Continued):
c) that the emergency will not allow for a delay which would result if the project were competitively bid, and that the action to immediately replace the boiler system on an emergency basis is necessary.
2. Delegate to the Chief Executive Officer the authority to order any action appropriate to replace the boiler system, and to take any directly related and immediate action required by that emergency, and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
3. Direct the Chief Executive Officer to report to the Board on the status of the emergency project in 14 days, as required by the Public Contract Code.
4. Direct the Auditor-Controller to transfer $130,170 of General Fund appropriations and cash to the Courthouse Construction Fund budget unit consistent with the budget journal.
FISCAL IMPACT (Continued):
This cost will be funded in the General Services Agency Building Maintenance budget. A review at third quarter will be conducted to determine whether these costs can be absorbed in the budget or whether a transfer from Appropriations for Contingencies will be necessary to fund these unanticipated costs.
The cost to prepare the site, including full abatement of asbestos in the boiler room, dismantle and remove the old boiler system, install a new boiler system, air quality and inspection permits, administrative costs and a 15% contingency is estimated to be $290,450.
Appropriations in the amount of $160,280 were carried over from the prior fiscal year in the Courthouse Construction fund budget for the boiler project. The Administrative Office of the Courts (AOC) must approve use of the Courthouse Construction funds. While a request had been sent to the AOC for use of $190,000 for the boiler system replacement, the AOC stipulated that use of the funds was contingent upon review of plans and specs for the project and that the cost be pro-rated based upon the percentage of actual Superior Court occupancy in the Courthouse. Staff is working with the AOC to receive approval for use of these funds for all or a portion of the permanent replacement project. At this time available funding in the amount of $60,000 has been identified in the County Facilities budget and an additional $70,170 has been identified in the Plant Acquisition budget, that would be available to fund the project costs including the current appropriation in the Courthouse Construction Fund. It is anticipated that Approval for the Emergency Replacement of the Boiler System in the Courthouse Pursuant to Public Contract Code Section 22050. and Related Actions Page 3
approval for use of the Courthouse Construction Fund to cover all or a portion of the boiler system replacement should be known by the next report to the Board. If the full request for funding is not approved, it will be necessary to identify an additional funding source either within existing appropriations in Plant Acquisition or Appropriations for Contingencies.
Public Contract Code Section 20134 provides that a contractor who provides equipment and materials on an emergency basis shall be paid the actual cost of the use of machinerv and tools and of material. and labor and of workers' compensation insurance expended by him or her in doing the work, plus not more than 15 percent to cover all profits and administration. No more than the lowest current market prices shall be paid for materials whenever possible.
Staff will work to ensure that these limitations are maintained.
DISCUSSION:
On March 15, 2006, the 50 year old boiler in the courthouse failed, and it has been determined it cannot be repaired. As a result of the loss of the boiler, the Courthouse building was without heat, resulting in a potential loss of essential services. Temporary heat was restored to the Courthouse facility by March 17, 2006.
In order to permit the continued conduct of County operations and services at the Courthouse, the following actions are required to be taken on an emergency basis: a) rent and install a temporary boiler system; b) abate hazardous asbestos in the boiler room; c) dissemble and remove the failed boilers and associated non-reusable equipment; and d) procure and install a new boiler system.
Public Contract Code Section 20134 and 22050 authorize the County to repair or replace facilities without adopting plans and specifications and without the necessity of going through the competitive bid process. Typically, it would take over 60-90 days to obtain design documents, and an additional 60 days to competitively bid and award a contract for this type of work.
Public Contract Code Section 22050 provides that the Board of Supervisors must make the finding, by a 415 vote, that the emergency will not permit a delay resulting from the competitive solicitation for bids and that the action is necessary to respond to an emergency. That section also provides that the Board, by a 415 vote, may delegate to a County administrative officer the authority to order any action relating to the replacement of the boiler, to take any directly related and immediate action required by that emergency, and to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. Approval for the Emergency Replacement of the Boiler System in the Courthouse Pursuant to Public Contract Code Section 22050, and Related Actions Page 4
Public Contract Code Section requires staff to report on the emergency action every 14 days until the action is terminated.
Staff recommends the County contract with RGA Environmental for the asbestos abatement and with Champion Industrial Contractors for the boiler system. RGA Environmental had previously surveyed the Courthouse for hazardous materials and is familiar with the facilities. Champion Industrial Contractors, a Modesto firm, has worked with the County for many years, has mechanical engineers on staff who will assist with any design requirements, has a local fabrication shop to support the work, has an existing service contract with Stanislaus County and is familiar with the facility.
It is anticipated that the total cost of the project including temporary replacement and installation of a leased boiler system will be $322,280. The costs associated with the temporary installation of a backup system including four months of lease costs for the temporary boiler will be funded within existing appropriations in the General Services Agency Building Maintenance budget at an approximate cost of $31,830.
The cost to prepare the site, including full abatement of asbestos in the boiler room, removal of the old svstem. ~urchaseand installation of a new boiler system, air quality and in~~ection'~ermits,a project contingency for unanticipated costs and projected administrative costs is estimated to be $290,450. It is anticipated that contingent upon final approval from the AOC the costs will be funded from a combination of Courthouse Construction funds previously budgeted, and other existing appropriations.
The new boiler system will be designed to operate at the latest energy efficiencies reducing the cost of utilities and reducing the County's annual operating cost. The new system may qualify for an energy rebate from PG & E. Staff will involve PG & E in the initial design. Chief Executive Office, District Attorney and Superior Court staff are working together to ensure that the project is completed in a manner that does not negatively impact court operations and staff.
POLICY ISSUES:
Approval of this action will address an emergency situation and promote efficiency in the administration of the courthouse and criminal justice system. Additionally, this action supports the Board's priorities of promoting a safe and healthy community. Approval for the Emergency Replacement of the Boiler System in the Courthouse Pursuant to Public Contract Code Section 22050, and Related Actions Page 5
STAFFING IMPACT:
Existing Chief Executive Office Capital Projects staff and General Services Agency Building Maintenance staff will assist in the procurement of the new boiler system for the Courthouse. AUDITOR-CONTROLLER BUDGET JOURNAL
Budget Organization Stanislaus Budget Org LEGAL BUDGET Accounting Period From Jul-05 To Jun-06 Stanislaus County Capital Projects 825 12" Street. Smte 2300, Modesto. CA 95354 Phone (209) 5254380 FAX (209) 525-4385 TRANSMITTAL
TO: Patricia Hill Thomas Assistant Executive Oficer Chief Operating Officer
SUBJECT: COURTHOUSE BOILER PROJECT DATE: 4/4/06
We are sending you X attached - under separate cor7er the following material:
- Shop Enwings - Change Order - Specifications
- Copy of Letter - Plans - Computer Pnntotit
- Prints - Samples - Updates
COPIES DATE DESCRIPTION
I 4/4/06 Original Contract for the Modesto Courthouse Boiler Abatement & Demolition.
m c2 e:-', > 73 .- .. i? -. > 1
REMARKS:
The attached is for your records.
The Board of Supervisors approved this item on March 21,2006 in Item &IS.
COPIES Gno Colacchia (1 Copy) SIGNED &~d zh/&,zb~ Kirk Gustafson (1 Copy) Teresa Vander Veen Jim Kwartz, Auditors (I Original + I Copy) Liz King, Board of Supervisors (1 Original + 1 Copy) X21 l(1160) XI556122 STANISLAUS COUNTY GENERAL CONSTRUCTION CONTRACT
DATED: March 29,2006
PARTIES: OWNER: County of Stanislaus 1010 lothStreet Modesto, California 95354
CONTRACTOR: RESTEC CONTRACTORS, INC. 22959 Kidder Street Hayward, California 94545
THE WORK. Modesto Courthouse Boiler Abatement and Demolition 800 1lth street Modesto, California 95354
THE OWNER AND THE CONTRACTOR AGREE THAT:
1. The Contract Documents. The complete contract consists of the following documents:
General Construction Contract General Conditions, Supplemental General Conditions Insurance and Bonds Notice to Proceed Scope of Work - See Exhibit A dated March 29,2006 Proposal - See Exhibit B dated March 29,2006 (Paragraph 1)
2. The Work. The Contractor shall provide all materials and labor and perform all construction work required by the Contract Documents.
3. Time for Com~letion.All work under this contract shall be completed within twenty-one (21) calendar days for the Courthouse Boiler Abatement and Demolition Project starting the first working day following receipt from the Owner of the Notice to Proceed.
4. Contract Price. The Owner shall pay, in full payment for the work, the amount of the Base Bid of Twenty-Nine Thousand Five Hundred Dollars ($29,500) subject to additions and deductions as provided in the Contract Documents.
Modesto Courthouse Boiler Abatement and Demolition 5. Liquidated Damages. Liquidated damages shall be Two Hundred Dollars ($200) per calendar day
This contract entered into as of the date tirst written above.
CONTRACTOR COUNTY OF STANISLAUS
BY BY 4&2ol&h cncd Patricia Hill Thomas Name Chief Operating Oficerl Assistant Executive Oficer Title DISTRICT MANAGER APPROVED AS TO FORM Licensed in accordance with an act providing for the Registration MICHAEL H KRAUSNICK of Contractor's License No
Modesto Courthouse Roller Ahattmmt and Demol~tion CONSTRUCTION CONTRACT GENERAL CONDITIONS compensation or to undertake self-insurance in Clause 1 - Permits, Licenses & Fees accordance with the provisions of that code, and I will comply with such provisions before Except as expressly set forth in the Contract Documents, the commencing the performance of the work of this Contractor shall, at his expense, obtain all necessary permits and contract." licenses, easements, etc., for the construction of the project. The Contractor shall give all necessary notices, pay all fees required b. Automobile and General Liability. The Contractor shall by law, and comply with all laws, ordinances, rules, and maintain throughout the term of this contractlagreement regulations relating to the work and to the preservation of the policy(ies) ofpublic liability insurance covering (a) public health and safety. The Owner shall obtain the building automobile and @) general liability as follows: permit, if required, at no cost to the Contractor. The Owner shall pay connection fees for all permanent utilities, including water, (1) Ownedlnon-owned automobile liability insurance sewer, electrical, CATV, data and communications. Contractor providing combined single limits covering bodily sball pay connection fees for temporary utilities. injury and property damage with limits no less than One Million Dollars ($1,000,000) per accident. Clause 2 -Insurance Comprehensive general liability insurance providing The Contractor shall not commence work under this contract combined single limits (CSL) covering bodily injury until it has obtained all insurance required under this paragraph liability (including death resulting therefrom) and and such insurance has been approved by the Owner. The properly damage liability with limits of no less than Contractor shall not allow any subcontractor to commence work One Million Dollars ($1,000,000) per occurrence and on his subcontract until all similar insurance required of the in the aggregate. subcontractor has been so obtained and approved. Contractor shall firrnish the Owner with satisfactory proof of the carriage of c. Indemnification. insurance required within, and there shall be a specific contractual liability endorsement extending the Contractor's Contractor shall be responsible for liability imposed by coverage to include the contractual liability assumed by the law or equity on Contractor for damage to any persons or Contractor pursuant to this Contract and particularly the hold property resulting hmany cause whatsoever during the harmless requirements Any policy of insurance required of the progress of the work or at any time before acceptance or Contractor under this contract shall also contain an endorsement thereafter. prowding that thlrty (30) days' notice must be given in writing to the Owner of any pending change in the lim~tsof liability or of (1) Contractor shall indemnify, defend, and hold any cancellation or modificatton of the policy harmless the Owner and their officers, employees and agents (such as the Construction Manager and a. Worker's Compensation Insurance and Em~lOver'sLiabiliQ Architect) from all claims, demands, or liability Insurance. The Contractor shall take out and maintain arising out of or encountered in connection with this during the life of this Contract Worker's Compensation contract or the prosecution of work under it, whether Insurance and Employer's Liability Insurance for all of his such claims, demands, or liability are caused by employees employed at the site ofthe project. The Contractor, Contractor's agents or employees, or Contractor shall require all subcontractor similarly to subcontractors employed on the project, their agents provide Worker's Compensation Insurance and Employer's or employees, or products installed on the project by Liability Insurance for all of the latter's employees unless ~on&tctoror subcontractors, excepting only such employees are covered by the protection afforded by the injluy or hann as may be caused solely and Contractor. The Contractor sball maintain throughout the exclusively by Owner's fault or active negligence. term of this contractlagreement: Such indemnification shall extend to claims, demands, or liability for injuries occurring after (1) Worker' Compensation insurance as in compliance completion of the project as well as during the work's with the laws of the State of California. progress.
(2) Employers liability insurance of no less than One d. The Contractor shall insert the insurance, indemnification Hundred Thousand Dollars ($100,000) per occurrence. and hold harmless requirements set forth in this clause in all subcontracts under this contract and shall require In signing this Contract, the Contractor makes the subcontractors to provide and maintain the insurance following certification, required by Section 1861 of the required or elsewhere in the contract. Labor Code: e. All of the above insurance policies shall be undenuritten "I am aware of the provisions of Section 3700 of with Bests Rated B+:VII, or better, California-admitted the Labor Code which require every employer to insurance carriers except as otherwise approved by the be insured against liability for workmen's Owner. Said insurance carriers and the coverage sball be in effect prior to tlie commencement of any performance occurs, shall be corrected by the Contractor at his cost under this contract, and throughout the term of the contract. prior to acceptance by the Owner. Should improper work f. All policy(ies) of insurance provided by Contractor and its of any trade be covered by another which results in suhcontractors shall include a waiver of the insurance damage or defects, the whole work affected shall be made carrier's rights of subrogation against the County of good by the Contractor without expense to Owner. Stanislaus and its officers, agents, and employees. Clause 5 -Use of Premises All insurance as required to be carried by the Contractor shall he primary to any other insurance carried by Owner. a. If the premises are occupied, the Contractor, his suhcontractors, and their employees shall comply with the g. The Contractor shall provide certificates of insurance regulations governing access to, operation of, and conduct verifLing the extent of coverage, limits of liability, and all while in or on the premises and shall perform the work requirements as set forth herein. required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of The certificates of insurance shall name the County of Owner business. Stanislaus and its officers, agents, and employees as certificate holder and additional insured by separate b. Any request received by the Contractor from occupants of endorsement. existing buildings to change the sequence ofwork shall be referred to the Construction Manager. The certificate shall provide that the insurer or its agent shall give thirty (30) days written notice to the Owner prior c. lf the premises are occupied, the Contractor, his to the cancellation, non renewal, or reduction in suhcontractors and their employees shall not have access coverage(s). to or be admitted into any building outside the scope of this contract except with official permission of the All certificates of insurance sheets shall be on an original Owner's Project Manager. form (not photo copy). Authorized representative signatures on the certificate must be originals. Clause 6 - Cleanine Up
Clause 3 - Supenrision & Construction Procedures The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. The Contractor shall supervise and direct the work, using the Before completing the work, the Contractor shall remove from Contractor's best shill and attention. The Contractor shall be the work and premises any weeds. rubbish, tools, scaffolding, solely responsible for all construction means, methods, equipment, and materials that are not the property of the Owner techniques, sequences and procedures, and shall coordinate all Upon completing the work, the Contractor shall leave the work portions of the work under the contract, including the relations of area in a clean, neat, and orderly condition satisfactoly to the the various trades to the progress of the work, in accordance with Owner. the provisions of the contract documents. Clause 7 -Accident Prevention The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, subcontractors, and a. In performing this contract, the Contractor shall provide their agents and employees, and any other persons performing for protecting the lives and health of employees and other any of the work under a contract with the Contractor. persons; preventing damage to property, materials, supplies, and equipment; and avoiding work intermptions. The Contractor is an independent contractor and nothing in the For these purposes, the Contractor shall: Conh-act Documents shall be interpreted to make the Contractor an agent of the Owner. (1) Designate a safety officer and provide a copy of its safety program; Clause 4 - Conduct of Work (2) Provide appropriate safety barricades, signs, and a. The Owner reserves the right to do other work in signal lights; connection with the project by contract or otherwise, and the Contractor shall at all times conduct his work so as to (3) Comply with standards issued by the U.S. impose no hardship on the Owner or others engaged in the Government, State, County and City; and work. He shall adjust, correct, and coordinate his work with the work of others so that no discrepancies shall result (4) Ensure that any additional measures the Owner in the whole work. determines to be reasonably necessary for this purpose are taken. b. In engaging one kind ofwork with another, marring, or damaging same will not he permitted and, in the event such b. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed Clause 10 -Toxic and Hazardous Materials and Waste under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, a. Asbestos. Operations which may cause release of asbestos supplies, or equipment. The Contractor shall report this fibers into the atmosphere shall meet the requirements of data in the manner prescribed by the Owner. CAC Title 8, General Industrial Safety Orders, Section 5208 and California law. Some operations which may c. Where conditions of the work present unreasonable risk of cause such concentrations include sanding, grinding, injury or death to persons, or property damage, in the abrasive blasting, sawing, drilling, shoveling, or otherwise judgement of the Owner it may direct Contractor at the handling materials containing asbestos so that dust will be Contractor's sole expense, to take corrective action. raised.
d. Before beginning excavation for a trench 5 feet or more in Such materials can include resilient flooring, existing depth, Contractor shall submit to the Construction Manager gypsum wallboard, asbestos-cement board, spray-on and the Architect detailed plans showing design of shoring, fiber-proofing for steel, asbestos-cement hoard, spray-on bracing, sloping, or other provisions to be made for worker fiber-proofing for steel, cement plaster, asbestos pipe protection from hazard of caving ground. Such plans shall insulation and acoustical sprays, tiles, and boards. be submitted at least 14 days before Contractor intends to begin trench work. If such plans vary from shoring system In accordance with paragraph e., below, asbestos in standards established by the State of California building materials is prohibited. This section only applies Construction Safety Orders, the plans shall be prepared by a to existing materials on the site that may be discovered registered civil or structural engineer employed by during construction or demolition. Contractor. b. Toxic Materials. Operations which release toxic materials Nothing herein shall be deemed to allow use of shoring, into the atmosphere shall meet the requirements of CAC sloping, or protective systems less effective than those Title 8, General Industrial Safety Orders. Some operations required by the Construction Safety Orders of the California which may release such materials include use of adhesives, Division of lndustrial Safety. sealants, paint, and other coatings.
Clause 8 - Sanitarv Facilities c. Lead-Based Paint. Lead-based paint is prohibited Lead-based paint is defined as: Contractor shall supply and maintain at its expensc such toilets and other sanitary facilities as are necessary for use by workers (1) Any pant containing more than five-tenths of one employed at the job site. Such facilities shall be approved by the percentum lead by wight (calculated as lead metal in Owner. the total non-volatile content of the paint) or the equivalent measure of lead in the dried film of paint Clause 9 - Responsibility for Compliance With OSHA applied or both; or
All work, materials, work safety procedures and equipment shall (2) For paint manufactured after June 22, 1977, any paint be in full accordance with the latest OSHA rules and regulations. containing more than six one-hundredths of one percentum lead by weight (calculated as lead metal) Contractor warrants that he and each ofhis subcontractors shall, in the total content ofthe paint or the equivalent in performance of this contract, comply with each and every measure of lead in the dried film or paint already compliance order issued pursuant to OSHA. The Contractor applied. assumes full and total responsibility for compliance with OSHA standards by his subcontractors as well as himself. The cost of d. Hauling and Disposal. Meet requirements of CAC Title complying with any compliance order andlor payment of any 22, Division 4, Chapter 30, "Minimum Standards for penalty assessed pursuant to OSHA shall be borne by the Management of Hazardous and Extremely Hazardous Contractor. Contractor shall save, keep, and hold harmless the Wastes." Owner, and all officers, employees, and agents thereof, from all liabilities, costs, or expenses, in law or in equity, that may at any e. Asbestos Prohibited. No products or materials containing time arise or be set un because of Contractor's or a asbestos shall be incorporated into the work without the subcontractor's non- compliance or alleged non-compliance with prior written approval of the Owner. OSHA requirements. Nothing contained therein shall be deemed to prevent the Contractor and his subcontractors from otherwise Clause 11 -Dust Control allocating between themselves responsibility for compliance with OSHA requirements; provided, however, that the Contractor a. The Contractor shall provide such and so much water, dust shall not thereby he, in any manner whatsoever, relieved of his palliative, or other authorized material, and the labor and responsibility to the Owner as herein above set forth. devices necessary to spread such material, as the Owner deems necessary to conhol dust. The Contractor shall provide any and all dust control required by the Owner or a. When unemployment in the areas of coverage by the Joint any regional, state or federal governmental entity having Apprenticeship Committee has exceeded an average of jurisdiction over the Site or the Project. The payment for fifteen percent (15) in the ninety (90) days prior to the dust control shall be considered as included in other items request for certificate; or of work and no additional compensation shall be made therefor, unless otherwise provided by the contract b. When the number of apprentices in training in the area documents. exceeds a ratio of one to five; or b. Whencver the Contractor fails to provide adequate dust control, the Owner shall order the Contractor to provide c. When the trade can show that it is replacing at least 1/30 of such adequate dust control and, if the Contractor does not its membership through apprenticeship training on an comply forthwith with such order, the Owner shall have the annual basis statewide or locally; or authority to suspend the work, wholly or in part, for such period as the Owner may deem necessary until the d. When the Contractor provides evidence that he employs Contractor provides adequate dust control to the satisfaction registered apprentices on all of his contracts on an annual of the Owner, or the Owner may provide such dust control average of not less than one apprentice to eight and charge the Contractor thereror by deducting the cost j ourneymen. thereof *om periodic payments to the Contractor as such costs are incurred by the Owner. The Contractor is required to make contributors to funds established for the administration of apprenticeship Clause 12 -Pollution Control, Cleanine programs if he employs registered apprentices or joumeymen in any apprenticeable trade on such contracts The Contractor shall not, in connection with the work, discharge and if other contractors on the public works site are any smoke, dust, or other contaminants into the atmosphere or makimg contributions. discharge any fluids or materials into any lake, river, stream, or channel as will violate regulations of any Federal, State, or local The Contractor and any subcontractor under him shall law, regulation; or ordinance. The Contractor shall control comply with the requirements of Sections 1777.5 and accumulation of waste n~aterialsand rubbish and dispose waste 1777.6 in the en~ploymentof apprentices. materials and rubbish off-site at the least at weekly intervals. Burning of materials is not permitted. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from Clause 13 -Qualifications for Emplnvment and the Administrator of Apprenticeship. San Francisco, Apprenticeship Standards California, or frnm the Division of Apprenticeship Standards and its branch offices. According to Section 1735 of the California Labor Code, no person under the age of 16 years of age and no person currently All employees engaged in work on the project under this serving sentence in a penal or correctional institution shall be contract shall have the right to organize and bargam employed to perform any work under this contract. No person collectively through representatives of their own choosing, whose age or physical condition is such to make his employment and such employees shall be free from interference, dangerous to his health or safety or to the health or safety of restraint, and coercion of employers in the designation of others shall be employed to perform work under this contract; such employees for the purpose of collective bargaining or provided that this sentence shall not operate against any other mutual aid or protection, and no person seeking physically handicapped persons otherwise employable where employment under this contract shall be required as a such persons may be safely assigned to work which they ably condition of initial or continued employment to join any perform. company, union, or to rekain from joining, organizing, or assisting a labor organization of such person's own This contract is subject to the provisions in Sections 1777.5 choosing. No person in the employment ofthe Owner (Chapter 141 1, Statutes of 1968) and 1777.6 of the Labor Code shall be employed by this contractor to do any work on this concerning the employment of apprentices by the Contractor or contract. any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in Clause 14 -Hours of Work any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works Eight hours of labor during any one calendar day and forty project and which administers the apprenticeship program in that hours of labor during any one calendar week shall constitute the trade for a certificate of approval. The certificate will also fix maximum hours of service upon all work done hereunder, and it the ratio of apprentices to joumeymen that will he used in the is expressly stipulated that no laborer, workman, or mechanic performance of the contract. The ratio of apprentices to employed at any time by the Contractor or by any subcontractor journeymen in such cases shall not be less than one to five, or subcontractors under this contract, upon the work or upon except: any part of the work contemplated by this contract, shall be required or permitted to work thereon more than eight (8) hours contract any person in a trade or occupation (except during any one calendar day and forty (40) hours during any one executives, supervisory, administrative, clerical, or calendar week, except, as provided by Section 1815 of the Labor other non-manual workers as such) for which no Code ofthe State of California, work performed by employees of minimum wage rate is herein specified, the Contractor Contractors in excess of eight hours per day and forty hours shall immediately notify the Owner who will during any one week shall be permitted upon public work upon promptly thereafter determine the prevailing rate for compensation for all hours worked in excess of eight hours per such additional trade or occupation and shall furnish day at not less than one and one-half times the basic rate of pay. the Contractor with the minimum rate based thereon. It is further expressly stipulated that for each and every violation The minimum rate thus furnished shall be applicable of Sections 181 1-1 8 15, inclusive, of the Labor Code of the State as a minimum for such trade or occupation from the of California, all the provisions whereof are deemed to be time of the initial employment of the person affected incorporated herein, said Contractor shall forfeit, as a penalty to and during the continuance of such employment. Owner, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of this contract by (4) Pursuant to Sections 1770 and 1773 of the Labor Contractor, or by any subcontractor under this contract, for each Code, the Owner has ascertained the general calendar day during which said laborer, workman, or mechanic is prevailing rate of per diem wages applicable to the required or permitted to work more than eight hours in any one work to be done for straight time, overtime, Saturday, calendar day and forty hours in any one calendar week in Sunday ad holiday work. The Contractor is required violation of the provisions of said Sections of the Labor Code. to post a copy of these prevailing wages rates on the job site. The Contractor, and each subcontractor, shall keep an accurate record showing the names of and actual hours worked each (5) The County will not recognize any claim for calendar day and each calendar week by all laborers, workmen, additional compensation because of the payment by and mechanics employed by him in connection with the work the Contractor of any wage rate in excess of the contemplated by this Contract, which record shall be open at all prevailing wage rate set forth as provided herein. The reasonable hours to the inspection of the Owner or its officers or possibility of wage increases is one of the elements to agents and to the Division of Labor Law Enforcement of the be considered by the Contractor in determining his Department of Industrial Relations. bid, and will not under any circumstances be considered as the basis of a claim against the County Clause 15 - Waees & Records on the contract. a. Wage Rates b. Wace Records
(I) Pursuant to Section I770 and 1773 et. seq. ofthe Each contractor and subcontractor shall keep accurate Labor Code of the State of California, the Director of payroll records. Each payroll record shall contain or be Industrial Relations has ascertained the general verified by a written declaration that it is made under prevailing rate of per diem wages and the rates for penalty of perjury, stating both of the followmg: (1) The overtime and holiday work in the locality in which the information contained in the payroll record is true and work is to be performed for each cratt, classification, correct. (2) The employer has complied with the or type of workman needed to execute the contract requirements of Labor Code Sections 1771, 181 1, and which will be awarded to the successful bidder, copies 1815 for any work performed by his or her employees on of which are on file and available upon request from the public works project. . the Department of Public Works. The Contractor's and subcontractor's payroll records shall (2) It shall be mandatory upon the Contractor and upon be made available upon request to the Owner for any subcontractor under him, to pay not less than the inspection and copying. said specified rates to all laborers, workmen, and mechanics employed in the execution of the Contract. The certified payrolls shall be on forms provided by the It is further expressly stipulated that the Contractor Division of Labor Standards Enforcement or shall contain shall, as a penalty to Owner, forfeit fifty dollars the same information as the forms provided by the Rules of ($50.00) for each calendar day, or portion thereof, for Labor Standards Enforcement. each laborer, workman, or mechanic paid less than the stipulated prevailing rates for any work done under this A contractor or subcontractor shall file a certified copy of Contract by him or by any subcontractor under him; the requested records with the County within 10 days after and Contractor agrees to comply with all provisions of receipt of a written request therefor. Section 1770 et. seq. of the Labor Code. Any copy of records made available for inspection as (3) In case it becomes necessary for the Contractor or any copies and fumished upon request to the public or any subcontractor to employ on the project under this public agency shall be marked or obliterated to prevent disclosure of an individual's name, address and social Each Contractor, subcontractor, and material dealer shall security number. The name and address of the contractor include all sales tax and payroll taxes required by law. awarded the contract or the subcontractor performing the contractor shall not be marked or obliterated. Clause 19 -Antitrust Actions
The contractor shall inform the Owner of the location of the Assimment of Anti-Trust Actions. In entering into a public records and shall, within five working days, provide a works supply goods, services, or materials pursuant to a public notice of a change of location and address. works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and The contractor or subcontractor shall have I0 days in which interest in and to all causes of action it may have under Section to comply subsequent to receipt of a written notice 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the requesting the records enumerated in subdivision (a). In the Cartwright Act (Chapter 2, commencing with Section 16700) event that the contractor or subcontractor fails to comply or within the 10-day period, he or she shall, as a penalty to the Part 2 of Division 7 of the Business and Professions Code, County, forfeit $25.00 for each calendar day, or portion arising fiom purchases of goods, services, or materials pursuant thereof, for each worker, until strict compliance is to the public works contract or the subcontract. This effectuated. A conhactor is not subject to a penalty assignment assessment pursuant to this section due to the failure of a shall be made and become effective at the time the awarding subcontractor to comply with this section. body tenders final payment to the Contractor without further acknowledgment by the parties. Clause 16 -Notice of Labor Disputes Clause 20 - Public Contract Code Section 20104. a. lfthe Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely The claim procedures set forth in Public Contract Code Section performance of this contract, the Contractor shall 20104, apply to all public works claims of $375,000 or less immediately give notice, including all relevant information, which arise between a contractor and a local agency. Public to the Owner. Contract Code Section 20104 is set forth in full below. b. The Contractor agrees to insert the substance of this clause, 20104. (a) (I) This article applies to all public works claims of including this paragraph b. in any subcontract to which a three hundred seventy-five thousand dollars ($375,000) or less labor dispute may delay the timely performance of this which arise between a contractor and a local agency. (2) This contract; except that each subcontract shall provide that in article shall not apply to any claims resulting from a Contract the event its timely performance is delayed or threatened by between a conhactor and a public agency when the public delay by any actual or potential labor dispute, the agency has elected to resolve any disputes pursuant to Article subconhactor shall immediately notify the next higher tier 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. subcontractor or the prime Contractor, as the case may be, (b) (I) "Public work" has the same meaning as in Sections 3100 of all relevant information concerning the dispute. and 3106 ofthe Civil Code, except that "public work" does not include any work or improvement contracted for by the state or Clause 17 - Nondiscrimination the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) a. Equal Emplovment Opoortunitv. Contractor agrees for the payment of money or damages arising from work done by, or on duration of this contract that it will not discriminate against behalf of, the contractor pursuant to the contract for a public any employee or applicant for employment because ofrace, work and payment of which is not otherwise expressly provided color, religion, sex, national origin, age, political affiliation, for or the claimant is not otherwise entitled to, or (C) an amount marital status, or handicap. The Contractor will take the payment of which is disputed by the local agency. (c) The affirmative action to insure that employees are treated provisions of this article or a summary thereof shall be set forth during employment or training without regard to their race, in the plans or specifications for any work which may give rise color, religion, sex, national origin, age, political affiliation, to a claim under this article. (d) This article applies only to marital status, medical condition or handicap. The contracts entered into on or after January 1, 1991. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be 20104.2. For any claim subject to this article, the following provided setting forth the provisions of the requirements apply: (a) The claim shall be in writing and nondiscrimination clause. Contractor shall abide by all include the documents necessary to substantiate the claim. State and Federal laws and regulations to Claims must be filed on or before the date of final payment. nondiscrimination. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by Clause I8 -Sales and Payroll Taxes 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 cl&m, or may request, in writing, within 30 days of receipt of the person as mediator, shall be commenced within 30 days of the claim, any additional documentation supporting the claim or submittal, and shall be concluded within 15 days from the relating to defe~isesto the claim the local agency may liave commencement of the mediation unless a time requirement is against the claimant. (2) If additional information is thereafter extended upon a good cause showing to the court or by required, it shall be requested and provided pursuant to this stipulation of both parties. If the parties fail to select a mediator subdivision, upon mutual agreement of the local agency and the within the 15-day period, any patty may petition the court to claimant. (3) The local agency's written response to the claim, as appoint the mediator. (b) (1) If the matter remains in dispute, further documented, shall be submitted to the claimant within 15 the case shall be submitted to judicial arbitration pursuant to days after receipt ofthe further documentation or within a period Chapter 2.5 (commencing with Section 1 I41 .lo) of Title 3 of of time no greater than that taken by the claimant in producing Part 3 of the Code of Civil Procedure, notwithstanding Section the additional information, whichever is greater. (c) (I) For I 141 .I 1 of that code. The Civil Discovery Act of 1986 (Article claims of over fifty thousand dollars ($50,000) and less than or 3 (commencing with Section 2016) of Chapter 3 of Title 3 of equal to three hundred seventy-five thousand dollars ($375,000), Part 4 of the Code of Civil Procedure) shall apply to any the local agency shall respond in writing to all written claims proceeding brought under this subdivision consistent with the within 60 days of receipt of the claim, or may request, in writing, rules pertaining to judicial arbitration. (2) Notwithstanding any within 30 days ofreceipt ofthe claim, any additional other provision of law, upon stipulation ofthe parties, documentation supporting the claim or relating to defenses to the arbitrators appointed for purposes of this article shall be claim the local agency may have against the claimant. (2) If experienced in construction law, and, upon stipulation of the additional information is thereafier required, it shall be requested parties, mediators and arbitrators shall be paid necessary and and provided pursuant to this subdivision, upon mutual reasonable hourly rates of pay not to exceed their customary agreement of the local agency and the claimant. (3) The local rate, and such fees and expenses shall be paid equally by the agency's written response to the claim, as further documented, parties, except in the case of arbitration where the arbitrator, for shall he submitted to the claimant within 30 days after receipt of good cause, determines a different division. In no event shall the further documentation, or within a period of time no greater these fees or expenses be paid by state or county funds. (3) In than that taken by the claimant in producing the additional addition to Chapter 2.5 (commencing with Section 1141.10) of information or requested documentation, whichever is greater. Title 3 of Part 3 of the Code of Civil Procedure, any party who (d) If the claimant disputes the local agency's written response, after receiving an arbitration award requests a trial de novo hut or the local agency fails to respond within the time prescribed, does not obtain a more favorable judgment shall, in addition to the claimant may so notify the local agency, in writing either payment of costs and fees under that chapter, pal7the attorney's within 15 days of receipt of the local agency's response or within fees of the other party arising out of the trial de novo. (c) The I5 days of the local agency's failure to respond within the time court may, upon request by any party, order any wimesses to prescribed, respectively, and demand an informal conference to participate in the mediation or arbitration process. meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule ameet and confer 20104.6. (a) No local agency shall fail to pay money as to any conference within 30 days for settlement of the dispute. (e) portion of a claim which is undisputed except as otherwise Following the meet and confer conference, if the claim or any provided in the contract. (b) In any suit filed under Section portion remains in dispute, the claimant may file a claim as 20104.4, the local agency shall pay interest at the legal rate on provided in Chapter 1 (commencing with Section 900) and any arbitration award orjudgment. The interest shall begin to Chapter 2 (commencing with Section 910) or Part 3 of Division accrue on the date the suit is filed in a court of law. 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a Clause 21 -Performance and Pavment Bonds claim must be filed shall be tolled kom the time the claimant submits his or her written claim pursuant to subdivision (a) until a. The Contractor shall fumish to Owner the following the time that claim is denied as a result of the meet and confer separate surety bonds: process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and (I) Faithful Performance Bond. Said bond shall be in an nothing in this article is intended nor shall be construed to amount equal to one hundred percent (100%) of the change the time periods for filing tort claims or actions specified contract price, shall be for the faithful performance of by Chapter 1 (commencing with Section 900) and Chapter 2 the contract, shall be approved by the Owner, and (commencing with Section 910) of Part 3 of Division 3.6 of Title shall be secured %am a surety or sureties satisfactory 1 of the Government Code. to said Owner.
20 104.4. The following procedures are established for all civil (2) Pavment Bond for Public Works. The Contractor actions filed to resolve claims subject to this article: (a) Within shall furnish a separate surety bond in an amount at 60 days, but no earlier than 30 days, following the filing or least equal to one hundred percent (100%) of the responsive pleadings, the court shall submit the matter to contract price as security for the payment of all nonbinding mediation unless waived by mutual stipulation of persons for tinnishing materials, provisions, or other both parties. The mediation process shall provide for the supplies, or items, used in, upon, for, or about the selection within 15 days by both parties of a disinterested third performance ofthe work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to he fixed by the court in case suit is brought upon the bond. Each of said bonds shall be substantially in the form set forth in the Contract Documents. b. The Contractor shall promptly furnish additional security required to protect the Owner and persons supplying labor or material under this contract if:
(1) Any surety upon any bond furnished with this contract becomes unacceptable to the Owner; (2) Any surety fails to furnish reports on its financial condition as required by the Owner; or (3) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Owner. Scope of work
Stanislaus county Court House Boiler Room 805 12'~Street Modesto Ca
Complete Hazardous Material Abatement Of the Court House Boiler Room
1. Complete abatement of all pipe insulation (TSI) inside the boiler room.
2. Complete abatement of exterior insulation (TSI) of both boilers including the flues.
3. The complete abatement of any and all suspected asbestos containing materials inside the boilers and flues.
4. Provide any and all dissembling necessary using safe work practices to completely decontaminate both boilers.
5. Provide complete removal of both Boilers, frames, flues and any supports.
Exhibit A - Scope of Work March 29,2006 SUPPLEMENTAL GENERAL CONDITIONS
Clause 1 - Legal Reauirements, Permits, Licenses & Fees.
The Contractor shall abide by all laws, regulations and permitting requirements pertaining to the abatement and demolition hazardous materials.
Clause 2 - Clarifications/RFI and Additional Instructions. a. Form: The Contractor shall submit all requests for clarification andlor additional information in writing through the Construction Manager using the request for information (RFI) form provided by the Construction Manager. b. Response Time: The County, or its representative whose decision will be fmal and conclusive, shall resolve such questions and issue instructions to the Contractor within a reasonable amount of time, but no less than 14 calendar days. In some cases, this time may need to be lengthened or shortened for emergency situations as mutually agreed upon by all parties. Should the Contractor proceed with the work affected before receipt of a response from the Construction Manager within the response time described above, any portion of the work which is not done in accordance with the County's interpretation, clarifications, instructions, or decision is subject to removal or replacement and the Contractor shall be responsible for all losses. c. Rejections: RFI's will not be recognized or accepted if in the opinion of the Owner one of the following conditions exists:
(1) The Contractor submits a submittal as an RFI.
(2) The Contractor submits the RFI under the pretense of a contract documents discrepancy or omission without thoroughly reviewing the documents.
(3) The Contractor submits the RFI in a manner that suggest that specific portions of the contract documents are assumed to be excluded, or by taken as an isolated portion of the contract documents in part rather than whole.
(4) The Contractor submits an RFI in an untimely manner without proper coordiiation and scheduling of work or related trades. d. Subject: Each RFI shall be limited to one subject.
Clause 3 - Schedules a. In lieu of a CPM (Critical Path Schedule) the Contractor may submit a schedule in the form of a bar chart.
Clause 4 - Suoervision Omitted from Supplemental General Conditions. Clause 5 - Conduct of Work: a. Contractor's Duties:
(1) Unless specifically noted otherwise, provide and pay for all of the following:
1) Labor, materials, and equipment
2) Tools, construction equipment, and machinery.
3) Transportation, inspection, and other facilities and service necessary for the proper completion of the design and construction of the work in accordance with the Contract.
4) Pay legally required sales, consumer, and use taxes.
(2) Obtain licenses necessary for the proper execution and completion of the work.
(3) Give required notices.
(4) Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which govern the performance of the work.
(5) Promptly submit written notice to the Construction Manager of any observed variances of the Contract Documents from legal requirements.
(6) Seek clarifications in accordance with RFI procedures.
(7) Enforce strict discipline and good order among employees. Do not employ persons on the job who are unfit or unskilled in their assigned tasks.
(8) Prepare schedule describing the Contractor's approach and methods of prosecuting the work in accordance with the construction and time constraints.
(9) Revise and refine the schedule to reflect authorized changes as they occur.
(10) Maintain appropriate accounting records (including separate accounts for changes).
(1 1) Recommend necessary or desirable changes- in the work for the review of the Construction Manager. Review and negotiate subcontractors' requests for changes and submit recommendations to the Construction Manager.- Submit requests for substitutions in accordance with these specifications.
Page 2 Consult with the Construction Manager to obtain interpretations of the Contract Documents. Assist in resolutions of questions and transmit written interpretations to concerned parties.
Attend project meetings
Be responsible for the quality of the work performed under the contract and lor the materials, equipment, and supplies to be incorporated in the work.
Provide temporary facilities and controls. Contractor shall at all times maintain a clean, safe work environment. Contractor shall not impede public accessible areas and shall provide temporary barricades as necessary to separate work and public areas.
Provide site security and safety.
Maintain accurate project record and turn over to the County at termination of the work.
Verify that the specified cleaning is done during the progress of the work and at the completion of the work.
Submit maintenance manuals, operating data, warranties, bonds, etc., to the Construction Manager.
Perform all other work described in the Contract Documents to complete the work.
The Contractor is reminded that construction will take place in an operating facility and stringent scheduling and execution of the work is essential. The Owner wishes to minimize disruption to the building occupants caused by this construction work. The Owner will work with the Contractor and the building occupants to make the site accessible to the Contractors work force for delivery of materials and removal of debris during non-public hours.
Contractor shall ensure that all utilities remain available to the remainder of the building. The Contractor must make every effort to schedule delivery of materials and removal of construction debris between the hours of 7:00 am and 9:30 am to minimize disruption to the building. All operations shall be coordinated and approved by the Construction Manager no less than 48 hours in advance. The County may require the Contractor to do certain highly disruptive activities during hours when the building is closed. If the County requires the Contractor to work during non-standard working hours, the County will reimburse the Contractor for the direct premium cost of the work. b. Contractor's Use of the Premises:
(1) The Contractor will have limited use of the premises for work, storage, and vehicular parking only as specifically approved by the Capital Projects.
(2) If the areas on the premises are not sufficient, obtain and pay for the use of additional work, storage, and parking areas needed.
(3) Use the premises for work and construction operations to allow for work by other contractors, utility companies, and the County.
(4) Provide, locate, and protect control points. Provide, coordinate, and check dimensions and elevations as necessary for layout work. c. Protection of Existing Utilities:
(1) Locate existing installations before proceeding with operations which may cause damage, maintain them in service where appropriate, and repair damage caused by the performance of the work, at no increase in the Contract Sum. The existing adjacent facilities must be kept in continuous operation without an interruption in utility service or access.
(2) Additional utilities and portions of structures whose locations are unknown are suspected to exist. If such utilities are encountered, immediately notify the Construction Manager.
(3) All utilities will be uninterrupted throughout the life of the Project so that it may he maintained in continuous operation.
(4) Provide temporary utilities if work necessarily dismpts utilities to existing facilities. d. Protective Measures:
(1) The Contractor shall provide and maintain substantial and adequate protection as may be required to protect new and existing work and all items of equipment and furnishing for the duration of work.
(2) The Contractor shall repair or make good any and all damage or loss helshe may cause to the building or other County property to the full satisfaction of the Construction Manager.
Clause 6 - Protection of Work & Property a. Cutting and Patching:
Page 4 (1) The Contractor shall perform all cutting, fitting, or patching required to:
1) Make parts fit properly.
2) Uncover work to permit the installation of work.
3) Remove and replace work not conforming to requirements of Contract Documents.
4) Remove samples of installed work as may be required for testing.
5) Create flat substrate surfaces to receive the work of all trades, all manufac. tured items, such as light fixtures, receptacles, grilles, and other similar items.
6) The requirements of this section apply to all specification sections of the Contract Documents with regard to cutting and patching.
(2) In addition to Contract requirements, upon the Construction Manager's written instructions the Contractor shall:
1) Uncover work to permit the Construction Manager's observation of covered work.
2) Remove samples of installed materials for testing.
3) Perform any other cutting and patching directed by the Construction Manager.
(3) The Contractor shall not endanger any work by cutting or altering work or any part of it. b. Ouality Assurance:
(1) Design Criteria:
1) Patching shall achieve security, strength, and weather protection, and shall preserve continuity of existing fire ratings.
2) Patching shall successfully duplicate undisturbed adjacent finishes, colors, textures, and profiles. Where there is dispute as to whether duplication is successful or has been achieved, the judgment of the Construction Manager will be final. c. Submittal: (1) The Contractor shall submit written notice to the Construction Manager requesting permission to proceed with cutting before any cutting which affects structural safety of the Project.
(2) Should conditions of work or schedule indicate change of materials or methods, the Contractor shall submit written recommendation to the Construction Manager, including:
1) Conditions indicating change.
2) Recommendations for alternative materials or methods.
3) Submittal as required for substitutions.
(3) The Contractor shall submit two working day advance written notice to the Construction Manager designating the time the work will be uncovered. d. Inspection:
(1) Inspect existing conditions of work, including elements subject to movement ox damage during cutting and patching, and excavating and backfilling.
(2) After uncovering work, inspect conditions affecting installation of new products. e. Preparation Prior to Cuttin~
(1) Provide shoring, bracing, and support as required to maintain structural, aesthetic and other integrity.
(2) Provide protection for other portions of Project.
(3) Provide protection fiom elements. f. Performance:
(1) Perfonn cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs and new work.
(2) Do not cut or alter structural members without prior approval of the County.
Clause 7 - Utilities: a. The Owner will furnish and allow the Contractor to use the building electrical and water system for reasonable electrical and water service. Clause 8 - Sanitary Facilities:
Contractor may not use on-site restroom facilities.
Clause 9 - Beneficial Occupancy:
The building is occupied and will remain occupied throughout the contract, Scope of work
Stanislaus county Court House Boiler Room 805 12'~Street Modesto Ca
Complete Hazardous Material Abatement Of the Court House Boiler Room
1. Complete abatement of all pipe insulation (TSI) inside the boiler room.
2. Complete abatement of exterior insulation (TSI) of both boilers including the flues.
3. The complete abatement of any and all suspected asbestos containing materials inside the boilers and flues.
4. Provide any and all dissembling necessary using safe work practices to completely decontaminate both boilers.
5. Provide complete removal of both Boilers, frames, flues and any supports.
Exhibit A - Scope of Work March 29,2006 Pricing Fomi Ueslec Conttactors March 3 1.2006 Stanislaus County Jail Boiler Room Abatement Modesto. CA
Assutne the following:
1. All 'TSI is ACM 2. Boilers contain refkctory bricks 3. All painted surfaces are lead containing 4. Hoilers and associated flues are to be removed to the concrete substrate 5. Pi~csare to remain as noted in the iob walk 6. ~dbstart date sf. APRIL 3 (?lease ~_o@.&is&aChange. effective 3/31)
Provide nricing using the follow in^ form as an ATTACHMENT to your normal bill letter:
1. Base Bid: All ahatcn~cntand demolition costs as nutcd above with dumpster locatcd on 12"' Street: a. $29,000.00 * 1. Alternate Bid: All abaternetit and deinolition costs as noted above with dumpster located in the locked parking lot: a. $32,000.00
3. Llrlit price to abate suspectetl.4CM pipe cltklws on clc\,atcd lincs located outside the boiler room: a. $200.00 per fitting
4. Psovidc tile quantity of RACM to be abated and the cost of the AQMI) permit: a. % 700.00 b. 120 LF of Pipe, 40 LF of Flue and Approx. 600 square fcct oi'Floiler Insulation.
5. Numhcr of days to complete the project assuming a start date of APRIL 3 with all work completed during normal husilless hours. Your crews may work either a 10 or 8 hou~shifi: a. 8 hour shins: 10 b. 10 hourshiHs 8
Please ~rovidethe bid form to: JoAnn Cunnerud. HCA Environmental either by FAX 510 899-7064 or EMAIL ~(I;~IILI~(I1&:1!+t.nl NO LATER THAN 2 PM on MAIICA 31 h\v\~rease85~ CDuer bondi~ Exhibit B March 29,2006
Easy F1l)F Creator is professional software to create PUF. If you wish to remove this line, buy it now Stanislaus County Capital Projects 825 12" Streef Suite 23W,Modesto, CA 95354 Phone: (209) 5254380 FAX: (209) 5254385 TRANSMITTAL
TO: . John Walter, Chief Operating Officer Champion Industrial Contractors, Inc. P.O. Box 4399 Modesto, California 95352
SUBJECT: COURTHOUSE BOILER PROJECT DATE: 4/11/06
We are sending you attached - under separate cover the following material:
- Shop Drawings - Change Order - Specifications
- Copy ofLetter - Plans - Computer Rintout
- Prints - samples - updates
COPIES DATE DESCRIPTION -
1 Originat Contract for the Modesto Courthouse Boiler Replacement Project.
C11 REMARKS: z",== 9 - -n - > c.3 The attached is for your records. --a - -7, - C" L -0 ?3 z - 2-' n, Gi The Board of Supervisors approved this iton on March 21,2006 in Ifem B-15. - a0 W cn
COPES: Patricia Hill Thomas (1 Copy) Gino Colacchia (1 Copy) Teresa Vander Veen Bob Carpenter (1 Copy) Jim Kwartz, Auditors (1 Original + Contract Cover Sheet + 1 Copy) Liz King, Board of Supervisors (1 Original + 1 Copy) X 2.1.1 (1165) X 15.56.2.2 STANISLAUS COUNTY GENERAL CONSTRUCTION CONTRACT
DATED: March 30,2006
PARTIES: OWNER: County of Stanislaus 1010 10" Street Modesto. California 95354
CONTRACTOR: Champion Industrial Contractors, Inc, P.O. Box 4399 1420 Coldwell Avenue Modesto. California 95352
THE WORK: Modesto Courthouse Boiler Replacement Project 800 I lthStreet Modesto, California 95354
THE OWNER AND THE CONTRACTOR AGREE THAT:
1. The Contract Documents. The complete contract consists of the following documents:
General Construction Contract General Conditions, Supplemental General Conditions Insurance and Bonds Notice to Proceed Scope of Work/Quotation - See Exhibit A dated 3-30-06 AOC Requirements - See Exhibit B dated 3-30-06
2. The Work. The Contractor shall provide all equipment, materials and labor and perform all construction work required by the Contract Documents.
3. Time for Completion. All work under this contract shall be completed within ninety (90) calendar days for the Modesto Courthouse Boiler Replacement Project starting the first working day following receipt from the Owner of the Notice to Proceed.
4. Contract Price. The Owner shall pay, in full payment for the work, the amount of One Hundred Ninety-Nine Thousand Dollars ($199,000) subject to additions and deductions as provided in the Contract Documents.
Modesto Courthouse Boiler Replacement Project 5. Liquidated Damaees. Liquidated damages shall be Two Hundred Dollars ($200) pel calendar day.
This contract entered into as of the date first written above.
CONTRACTOR COUNTY OF STANISLAUS
I
BY: BY: 4~~3cALj~m- Patricia Hill Thomas Name: John Walter Chief Operating Officer Assistant Executive Officer Title: Chief Operating Officer APPROVED AS TO FORM: Licensed in accordance with an act providing for the Registration MICHAEL H. KRAUSNICK of Contractor's License No. County Counsel
174777 By:
Modesto Courthouse Boiler Replacement Project CONSTRUCTION CONTRACT GENERAL CONDITIONS Contractor has information that the process or articles A. GENERAL specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such Clause 1 -Definitions information in writing to the Construction Manager.
Omitted from General Conditions. d. Assignment of Contract. The Contractor shall not assign the contract in whole or part without written consent of the Clause 2 - Authorities and Limitations Owner, nor shall the Contractor assign any monies due or to become due to him hereunder without the written Omitted from General Conditions. consent of the Owner.
Clause 3 - Legal Reauirements e. Taxes. Any federal, state or local tax payable on materials or articles furnished by the Contractor under the contract a. Contractor shall keep informed of, and comply with, all shall be included in the bid and shall be paid by the federal, state and local laws, ordinances, rules, and Contractor. regulations applicable to the work or to those engaged or employed in the work of this contract, including (but not f. Assienment of Anti-Tmt Actions. In entering into a limited to) those laws relating to: public works supply goods, services, or materials pursuant hours of employment, prevailing wages, minimum to a public works contract, the Contractor or subcontractor wages, payment of wages, offers and agrees to assign to the awarding body all rights, sanitary and safety conditions for workers, title, and interest in and to all causes of action it may have worker's compensation insurance, under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or type and kind of materials that can be used, under the Cartwright Act (Chapter 2, commencing with non-discrimination in employment; Section 16700) or Part 2 of Division 7 of the Business and and applicable building, fire and life safety codes. Professions Code, arising from purchases of goods, services, or materials pursuant to the public works contract If conflict arises between provisions of the plans and or the subcontract. This assignment shall be made and specifications and any such laws, rules, or regulations, become effective at the time the awarding body tenders Contractor shall notify the Construction Manager at once in final payment to the Contractor without further witing. If, before receiving clarification, Contractor acknowledgment by the parties. performs any portion of the work affected by such apparent conflict, such performance shall be at Contractor's own Clause 4 -References risk; and Contractor shall not be entitled to any additional compensation or time by reason of the conflict or its later Omitted from General Conditions. correction. Clause 5 - Permits, Licenses & Fees b. All work and materials shall comply with the latest (or otherwise noted) uniform building codes as adopted by Omitted from General Conditions Chapter 16, Stanislaus County Code, and Title 24, California Code of Regulations. Clause 6 -Separate Contracts
Nothing in the specifications is to be construed to pennit The Owner reserves the right to let subsequent contracts in work not conforming to the above, and expense in connection with the work. The Contractor shall afford other compliance with the above work shall be borne by the Contractors reasonable opportunity for the introduction and Contractor. Whenever the specifications and working storage of their materials and the execution of their work, and details require higher standards than those required by the shall properly connect and coordinate his work with theirs. codes, ordinances, statutes, the specifications and working details shall take priority over the codes, ordinances, and To insure the proper execution of the subsequent work, the statutes. The Contractor shall keep copies of applicable subsequent Contractor shall examine and inspect work already codes on the job site at all times during construction. in place and shall at once report in writing to the Construction Manager any discrepancy between the executed work and the c. Rovalties and Patents. The Contractor shall pay all Contract Documents for the subsequent work. If the royalties and license fees, defend all suits or clainls for subsequent Contractor proceeds without noting discrepancies, infringement of any patent rights and save the Owner and the subsequent Contractor will be deemed to have accepted the Agents harmless from loss on account thereof, except that preceding work. the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified, but if the Clause 7 -Right to Observe (1) Any surety upon any bond furnished with this contract becomes unacceptable to the Owner; a. Right to Observe. The Project Manager, Construction Manager, ArchitectlEngineer, Inspectors, testing agencies, (2) Any surety fails to furnish reports on its financial regulatory agencies and other persons designated by the condition as required by the Owner; or Project Manager or the Construction Manager ("Owner Representatives") shall have the right to he on the job site (3) The contract price is increased so that the penal sum during construction. They shall have the right to observe of any bond becomes inadequate in the opinion of the the installation and placing of all materials and equipment Owner. to be incorporated into the work to determine in general if the work is proceeding in accordance with the contract Clause 10 - Insurance documents. Owner Representatives are not responsible for means, methods, techniques, sequences, or procedures of The Contractor shall not commence work under this contract construction nor for safety procedures and programs in until it has obtained all insurance requlred under this paragraph connection with the work, nor will Owner Representatives and such insurance has been approved by the Owner. The be responsible for the Contractor's failure to can)' out the Contractor shall not allow any subcontractor to commence work in accordance with the contract documents. work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. B. BONDS & INSURANCE Contractor shall furnish the Owner with satisfactory proof of the caniage of insurance required within, and there shall be a Clause 8 -Bid Bond (Guarantee) specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability Omitted from General Conditions. assumed by the Contractor pursuant to this Contract and particularly the hold harmless requirements. Any policy of Clause 9 - Performance and Pavment Bonds insurance required of the Contractor under this contract shall also contain an endorsement providing that thirty (30) days' a. The Contractor shall furnish the Owner, within ten (10) notice must be given in writing to the Owner of any pending days (or as otherwise specified) of the execution of a change in the limits of liability or of any cancellation or contract for the work called for in the specifications and modification of the policy. prior to beginning of work, with the following separate surety bonds: a. Worker's Com~ensationInsurance and Emplovefs Liability Insurance. The Contractor shall take out and (1) Faithful Performance Bond. Said bond shall be in an maintain during the life of this Contract Worker's amount equal to one hundred percent (100%) of the Compensation Insurance and Employer's Liability contract price, shall be for the faithful performance of Insurance for all of his employees employed at the site of the contract, shall be approved by the Owner, and the project. The Contractor shall require all subcontractor shall be secured from a surety or sureties satisfactory similarly to provide Worker's Compensation Insurance to said Owner. and Employer's Liability Insurance for all of the latter's employees unless employees are covered by the protection (2) Pavment Bond for Public Works. The Contractor shall afforded by the Contractor. The Contractor shall maintain furnish a separate surety bond in an amount at least throughout the term of this contractlagreement: equal to one hundred percent (100%) of the contract price as security for the payment of all persons for (1) Workef Compensation Insurance as in compliance furnishing materials, provisions, or other supplies, or with the laws of the State of California. items, used in, upon, for, or about the perfomlance of the work contracted to be done, or for performing any (2) Employer's Liability Insurance of no less than One work or labor thereon of any kind, and for the Hundred Thousand Dollars ($100,000) per payment of amounts due under the Unemployment occurrence. Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of In signing this Contract, the Contractor makes the a reasonable attorney's fee to be fixed by the court in following certification, required by Section 1861 of case suit is brought upon the bond. Each of said bonds the Labor Code: shall be substantially in the form set forth in the Contract Documents. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to b. The Contractor shall promptly furnish additional security be insured against liability for workmen's required to protect the Owner and persons supplying labor compensation or to undertake self-insurance in or material under this contract if accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this subcontractors to provide and maintain the insurance contract." required or elsewhere in the contract. b. Automobile and General Liability. The Contractor shall f. All of the above insurance policies shall be underwritten maintain throughout the term of this contractlagreement with Bests Rated B+:VII, or better, Califomia-admitted policy(ies) of public liability insurance covering (a) insurance carriers except as otherwise approved by the automobile and (b) general liability as follows: Owner. Said insurance carriers and the coverage shall be in effect prior to the commencement of any performance (1) Owned/non-owned automobile liability insurance under this contract, and throughout the term of the providing combined single limits covering bodily contract. injury and property damage with limits no less than One Million Dollars ($1,000,000) per accident. All policy(ies) of insurance provided by Contractor and its subcontractors shall include a waiver of the insurance Comprehensive general liability insurance providing carrier's rights of subrogation against the County of combined single limits (CSL) covering bodily injury Stanislaus and its officers, agents, and employees. liability (including death resulting therefrom) and property damage liability with limits of no less than All insurance as required to be camed by the Contractor One Million Dollars ($1,000,000) per occurrence and shall be primary to any otber insurance camed by Owner. in the aggregate. g. The Contractor shall provide certificates of insurance c. Builder's Risk "All Risk" Insurance. The Contractor shall verifying the extent of coverage, limits of liability, and all at his expense maintain Builder's Risk "All Risk" requirements as set forth herein. Insurance, including Extended Coverage, Fire, Vandalism and Malicious Mischief endorsements, jolntly in the names The certificates of insurance shall name the County of of the Owner and Contractor, payable as their respective Stanislaus and its officers, agents, and employees as interest may appear. Such insurance shall be of sufficient certificate holder and additional insured by separate amount to cover fully all loss or damage to the work under endorsement. this agreement, and shall not he in an amount less than 100% of contract price. The certificate shall provide that the insurer or its agent shall give thirty (30) days written notice to the Owner d. Indemnification. prior to the cancellation, non renewal, or reduction in coverage(s). Contractor shall be responsible for liability imposed by law or equity on Contractor for damage to any persons or All certificates of insurance sheets shall be on an original property resulting from any cause whatsoever during the form (not photo copy). Authorized representative progress of the work or at any time before acceptalce or signatures on the certificate must be originals. thereafter. C. SITE CONDITIONS (1) Contractor shall indemnify, defend, and hold harmless the Owner and their officers, employees and agents Clause 11 -Differing Site Conditions (such as the Construction Manager and Architect) from all claims, demands, or liability arising out of or a. The Contractor shall immediately upon discovery and encountered in connection with this contract or the before the conditions are further disturbed, give a written prosecution of work under it, whether such claims, notice to the Construction Manager. The notice shall demands, or liability are caused by Contractor, identify (1) subsurface or latent physical conditions at the Contractor's agents or employees, or subcontractors site which differ materially from those indicated in the employed on the project, their agents or enlployees, or contract documents, or (2) unknown physical conditions at products installed on the project by Contractor or the site of an unusual nature, which differ materially from subcontractors, excepting only such injury or harm as those normally encountered and generally recognized as may be caused solely and exclusively by Owner's fault inherent in the work required by the contract. or active negligence. Such indemnification shall extend to claims, demands, or liability for injuries b. The Construction Manager shall investigate the site occurring after completion of the project as well as conditions promptly after receiving the Contractor's during the work's progress. written notice and shall direct the Contractor in writing on how to proceed. The Contractor shall allow the e. The Contractor shall insert the insurance, indemnification Construction Manager reasonable time, no less than 5 and hold harmless requirements set forth in this clause in working days, to investigate the site conditions and proper all subcontracts under this contract and shall require solutions. The Contractor shall not proceed without written direction from the Construction Manager. time but in no less than 14 calendar days. Should c. No request by the Contractor for an equitable adjustment to Contractor proceed with work affected before receipt of the contract under this clause shall be allowed unless the instructions from the Construction Manager, Contractor Contractor has given the written notice required. shall remove and replace or adjust work which is not in accordance therewith and it shall be responsible for d. No request by the Contractor for a change to the contract resultant damage, defect or added cost. The Contractor for differing site conditions shall be allowed if not made shall ask for any RFI immediately upon discovery but no within 24 hours after discovering the condition. less than 7 working days prior to the start date of the activities relating to the RFI based on the latest updated Clause 12 -Site Investieation and Conditions Affectine the version of the Contract Schedule. Work b. Response to RFI by Construction Manager: The Omitted from General Conditions. Construction Manager may issue RFI's or respond to WI's, and such instructions shall be a part of the contract Clause 13 -Dimensions and Measurements requirements. If in the opinion of the Contractor, RFI's result in work in excess of scope of the contract, the Omitted from General Conditions. Contractor must submit written notice thereof immediately to the Construction Manager but not more than seven (7) Clause 14 -Notice of conflict in^ Conditions calendar days following receipt of such instruction, and in any event prior to commencement of work thereon. The Where the Contractor's work is associated with that of another Construction Manager will then consider such notice and, Contractor retained by Owner, the Contractor shall exanline the if in its judgment it is justified, the RFI will be revised or preceding or adjacent work and report in writing to the the Construction Manager will issue a change order. Construction Manager any visible defect or condition preventing Contractor shall have no claim for additional the proper execution of his contract. If he proceeds without compensation andlor time because of RFI's unless giving notice, the Contractor shall be held to have accepted the Contractor gives the Construction Manager written notice work or material, and the existing conditions. The Contractor thereof within the seven (7) days specified above. For shall be responsible for any defects in his own work consequent procedure concerning protests in case of dispute, attention thereon, and shall not be relieved of any obligation or any is directed to the Disputes Clause 70. guarantee because of any such condition or imperfection. This provision shall be included in any and all other contracts or E. SHOP DRAWINGS AND SUBMITTALS subcontracts for work to be performed where such a conflict could exist. Clause 18 - Shoo Drawines. Product Data. Coordination Drawines and Schedules D. SPECIFICATIONS AND DRAWINGS Omitted from General Conditions. Clause 15 - Specifications and Drawines, General Clause 19 -Samples Omitted from General Conditions. a. After the award of the contract, the Contractor shall Clause 16 - Summarv of the Order of Precedence furnish for the review of the Construction Manager samples required by the specifications or by the Omitted from General Conditions Construction Manager. Samples are physical examples to illustrate materials, equipment or workmanship, and Clause 17 - RFI establish standards by which the work will be judged. Samples shall be delivered to the Construction Manager. a. Notification by Contractor: Should Contractor discover The Contractor shall prepay all shipping charges on conflicts, omissions, or errors in the contract documents or samples. Materials or equipment for which samples are have any question concerning interpretation or clarification required shall not be used in the work until the of the contract documents, or if it appears to Contractor that Construction Manager's review is documented in writing. the work to be done or any matters relative thereto are not sufficiently detailed or explained in the contract documents, b. Each sample shall have a label indicating: then, the Contractor shall immediately notify the Construction Manager in writing, and request (1) Name of project building or facility, project title, and interpretation, clarification, or additional detailed contract number. information concerning the work through a RFI. The (2) Name of Contractor and, if appropriate, name of Construction Manager, whose decision shall be final and subcontractor. conclusive, shall resolve such questions and issue (3) Identification of material or equipment to instructions to Contractor within a reasonable amount of specification. (4) Place of origin. b. The Contractor shall enter the actual progress on the (5) Name of producer and brand (if any). schedule at least monthly with the payment request or as directed by the Owner and upon doing so shall Samples of finished materials shall have additional immediately deliver the annotated schedule to the markings that will identify them under the finish schedules. Construction Manager. If, in the opinion of the Construction Manager, the Contractor falls behind the c. Review of a sample shall be only for the characteristics or approved schedule, the Contractor shall take steps use named in such approval and sball not be construed to necessruy to improve its progress, including those that change or modify any contract requirement. Substitutions may be required by the Construction Manager, without will not be permitted unless they are approved in writing by additional cost to the Owner. In this circumstance, the the Construction Manager. Constmctio~~Manager may require the Contractor to increase the number of shifts, overtime operations, days of d. Approved samples not destroyed in testing will be work, and/or the amount of construction activity, and to maintained at the project site. Approved samples of submit for approval any supplementary schedule or hardware in good condition will be marked for schedules in CPM or chart foml as the Construction identification and may be used in the work. Materials and Manager deems necessary to demonstrate how the equipment incorporated in the work shall match the approved rate of progress will be regained. approved samples. Samples not destroyed in testing or not approved will be removed by the Contractor at his expense. c. Failure of the Contractor to comply with the requirements At the conclusion of the project, the Contractor shall of the under this clause may be grounds for a remove all samples maintained at the project site. determination by the Construction Manager that the Contractor is not prosecuting the work with suff~cient e. Failure of any material to pass the specified tests may be diligence to ensure completion within the time specified in sufficient cause for refusal to consider, under this contract, the contract. Upon making this determination, the Owner any further samples of the same brand or make of that may terminate the Contractor's right to proceed with the material or equipment which previously has proven unsatis- work, or any separable part of it, in accordance with the factory in service. termination clause of this contract. f. Samples of various materials or equipment delivered to the G. TIME AND LIQUIDATED DAMAGES site may be taken by the Construction Manager for testing. Samples failing to meet contract requirements will Clause 22 -Time of Work, Liouidated Damages, and automatically void previous approvals of the items tested. Extensions The Contractor shall replace such materials or equipment found not to have met contract requirements, or there shall a. Time of Work be a proper adjustment of the contract price as detem~ined by the Construction Manager. The Contractor shall commence work on this project immediately upon receipt of the written Notice to Proceed. g. Unless otherwise specified, when tests are required, the first Upon receipt of such notice the Contractor shall begin test will be made at the expense of the Owner. Samples work and sball prosecute the work diligently to which do not meet specification requirement. will be completion. The time for completion will commence rejected. Additional testing required by the Owner shall be upon the Notice to Proceed with Construction. No work at the expense of the Contractor. sball be commenced before the contract is fully executed.
Clause 20 - Substitutions b. Liauidated Damages
Omitted from General Conditions. If the work is not completed within the time required, damaee- will be sustained bv the Owner. It is and will be F. SCHEDULES impracticable and extremely difficult to ascertain and determine actual damage which Owner will sustain by Clause 21 -Construction Schedule reason of such delay; and it is therefore agreed that Contractor will pay to Owner the sum of money stipulated a. The Contractor shall, prepare and submit to the per day in tl~eContract for each and every day's delay in Construction Manager for review a schedule. The schedule finishing the work beyond the time prescribed. If the shall be in the form of a CPM (critical path method) Contractor fails to pay such liquidated damages, the schedule (as selected and approved by the Construction Owner may deduct the amount thereof from any money Manager). The submittal of a schedule is a condition to due or that may become due the Contractor under the issuance of the Notice to Proceed with Construction. contract. c. Unavoidable Delavs steps to prevent, if possible, the occurrence or continuance of the delay, and may determine whether the delay is to be (1) Time Extension considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and (a) The Contractor will be granted an extension of completion of the work are to be delayed thereby. time for completion of the work beyond that named in the Contract Documents for delays After the completion of any part or the whole of the work, wbicb may result through causes beyond the the Owner, in calculating the amount due the Contractor, control of the Contractor and which could not will assume that any and all delays which have occurred have been avoided by the exercise of care, have been avoidable delays, except such delays as shall pmdence, foresight and diligence. have been called to the attention of the Owner at the time of their occurrence and found by the Owner to have been (b) The Contractor shall be allowed extensions of unavoidable as substantiated by a change order. The time in which to complete the work equal to the Contractor will make no claims that any delay not called sum of all unavoidable delays, plus any to the attention of the Owner at the time of its occurrence adjustments of contract time due to contract has been an unavoidable delay. change orders. During such extension of time liquidated damages shall not be charged to the d. Request for Time Extension Contractor. In the event the Contractor requests an extension of (c) Unavoidable delays within the meaning of this contract time for unavoidable delay (or for changes, see section shall be those caused by acts or neglect of Change Order Process Clause 62), such justification shall the Owner, its employees, or those under it by be submitted no later than seven days after the initial contract or otherwise; by Acts of God (including occurrence of any such delay. When requesting time for unusual weather or of the public enemy, fire, proposed cbange orders they must be submitted with the epidemics, or strikes). Unforeseeable material proposed change order with full justification. If the shortages and delays in utility company Contractor fails to submit justification with the proposed connections may be classified as an unavoidable change order they will waive their right to a time delay if the Contractor can produce satisfactoly extension at a later date. Such justification must be based evidence that the shortage was unavoidable and on the ofiicial contract schedule as updated at the time of that he acted in a timely manner. There will be occurrence of delay or execution of work related to any no damages for delays caused by Acts of God, changes to the scope of work. The justification must public enemy, fire, epidemics, strikes, material include, but is not limited to, the following information: shortages, and utility companies. There will be no damage for unavoidable delays as described (1) The duration to perform the activity relating to the under this paragraph (c). changes in the work and the resources (manpower, equipment, material, etc.) required to perform these (d) Delays in the prosecution of parts of the work activities withm the stated duration. which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution (2) Logical ties to the official contract schedule for the of other parts of the work nor the completion of proposed changes andlor delay showing the activity/ the work within the time specified, which do not activities in the schedule whose start or completion necessarily prevent the completion of the whole dates are affected by the change andlor delay. work within the time herein specified, will not be considered as unavoidable delays within the The Owner, after receipt of such justification and meaning of the contract. supporting evidence, shall make its finding of fact. The Owner's decision shall be final and conclusive and the Owner will advise the Contractor in writing of such decision. If the Owner finds that the Omitted from General Conditions. Contractor is entitled to any extension of contract time, the Owner's determination as to the total number of days of extension shall be based upon the latest updated version of the official contract Whenever the Contractor foresees any delay in the schedule. Such data will be included in the next prosecution of the controlling (critical path) work activity, monthly updating of the schedule. and in any event immediately upon the occurrence of any delay which he regards as an unavoidable delay, the Contractor shall notify the Owner in writing of such delay and its cause, in order that the Owner may take immediate H. PERFORMANCE Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a Clause 23 - Supervision & Construction Procedures third party, resulting from failure to comply with the requirements of this contract or failure to exercise The Contractor shall supervise and direct the work, using the reasonable care in performing the work. If the Contractor Contractor's best skill and attention. The Contractor shall be fails or refuses to repair the damage promptly, the Owner solely responsible for all construction means, methods, may have the necessary work performed and charge the techniques, sequences and procedures, and shall coordinate all cost to the Contractor. portions of the work under the contract, including the relations of the various trades to the progress of the work, in accordance Clause 27 - Overloading with the provisions of the contract documents. Omitted from General Conditions, The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, subcontractors, Clause 28 -Contractor's Responsibilitv For Work and their agents and employees, and any other persons performing any of the work under a contract with the Until formal acceptance of the work by the Owner, Contractor Contractor. shall have the charge and care thereof and shall bear risk of injury or damage to any part of the work by action of the The Contractor is an independent contractor and nothing in the elements, or from any other cause except for such damage as Contract Documents shall be interpreted to make the Contractor directly and proximately occasioned by acts of the Federal or an agent of the Owner. State Government and the puhhc enemy.
Clause 24 - Supervision Contractor, at its cost, shall rebuild, repair, restore and make good all such damages to any portion of the work occasioned Omitted from General Conditions. by such causes before its acceptance.
Clause 25 - Conduct of Work No advertising of any description will be permitted in or about the work, except by order of the Owner. Omitted from General Conditions. Contractor shall not create or permit the continued existence of Clause 26 - Protection of Work & Property any nuisance in or about the work. a. The Contractor shall continuously maintain adequate Clause 29 - Utilities protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection Omitted from General Conditions; see Supplemental General with this contract. He shall make good any such damage, Conditions. injury, or loss, except such as may be directly due to errors in the contract documents or caused by agents or Clause 30 - Workine Hours employees of the Owner. He shall adequately protect adjacent property as provided by law and the contract a. It is contemplated that all work will be performed on a documents. calendar day basis during the customary working hours of the trades involved unless otherwise specified in this b. The Contractor shall preserve and protect all structures, contract. Work performed by the Contractor of his own equipment, and vegetation (such as trees, shrubs, and grass) volition outside such customary working hours shall be at on or adjacent to the work site, which are not to be no additional expense to the Owner. removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall Clause 31 -Material & Workmanshie only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in a. Materials & Eaui~ment: place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of (1) Materials, equipment, and articles incorporated into equipment, or by workmen, the Contractor shall trim those the work shall be new and of quality equal or limbs or branches with a clean cut and paint the cut with superior to that specified. When not particularly tree-pruning compound as directed by the Owner. specified, materials shall be the best of their class or kid. The Contractor shall, if required, submit c. The Contractor shall protect from damage all existing satisfactory evidence as to the kind and quality of improvements and utilities (1) at or near the work site, and material. (2) on adjacent property of a third party, the locations of which are made known to or should be known by the (2) All materials shall be delivered so as to insure a the work and premises any weeds, rubbish, tools, scaffolding, speedy and unintenupted progress of the work. Same equipment, and materials that are not the property of the shall be stored so as to cause no obstruction and so as Owner. Upon completing the work, the Contractor shall leave to prevent overloading of any portion of the structure the work area in a clean, neat, and orderly condition on work site, and the Contractor shall be entirely satisfactory to the Owner. responsible for damage or loss by weather, theft, vandalism, or other cause. I. SAFETY & HEALTH
(3) Materials shall be stored to assure the preservation of Clause 37 -Accident Prevention their quality and fitness for the work. Stored materials shall be reasonably accessible for inspection. When a. In performing this contract, the Contractor shall provide considered necessary by the Owner, stored materials for protecting the lives and health of employees and other shall be placed on wooden platforms or on other hard, persons; preventing damage to property, materials, clean surfaces and not directly on the ground, and supplies, and equipment; and avoiding work intermptions. shall be placed under cover when so directed. For these purposes, the Contractor shall:
(4) No materials manufactured or produced in a penal or (I) Designate a safety officer and provide a copy of its conectional institution shall be incorporated in the safety program; project under this contract, except as permitted by California law. (2) Provide appropriate safety barricades, signs, and signal lights; Clause 32 - Lavout of Work (3) Comply with standards issued by the U.S Omitted from General Conditions. Government, State, County and City; and
Clause 33 - Use of Premises (4) Ensure that any additional measures the Owner determines to be reasonably necessaly for this a. If the premises are occupied, the Contractor, his purpose are taken. subcontractors, and their employees shall comply with the regulations governing access to, operation of, and conduct b. The Contractor shall maintain an accurate record of while in or on the premises and shall perform the work exposure data on all accidents incident to work performed required under this contract in such a manner as not to under this contract resulting in death, traumatic injury, unreasonably intenupt or interfere with the conduct of occupational disease, or damage to property, materials, Owner business. supplies, or equipment. The Contractor shall report this data in the manner prescribed by the Owner. b. Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be c. Where conditions of the work present unreasonable risk of referred to the Construction Manager. injury or death to persons, or property damage, in the judgement of the Owner it may direct Contractor at the c. If the premises are occupied, the Contractor, his Contractor's sole expense, to take corrective action. subcontractors and their employees shall not have access to or be admitted into any building outside the scope of this d. Before beginning excavation for a trench 5 feet or more in contract except with official permission of the Owner's depth, Contractor shall submit to the Construction Project Manager. Manager and the Architect detailed plans showing design Clause 34 - Overations & Storage of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground. a. The Contractor shall confine all operations (including Such plans shall be submitted at least 14 days before storage of materials) on Owner premises to areas Contractor intends to begin trench work. If such plans authorized or approved by the Owner. vary from shoring system standards established by the State of California Construction Safety Orders, the plans Clause 35 -Heat shall be prepared by a registered civil or structural engineer employed by Contractor. Omitted from General Conditions Nothing herein shall be deemed to allow use of shoring, Clause 36 - Cleanina UD sloping, or protective systems less effective than those required by the Construction Safety Orders of the The Contractor shall at all times keep the work area, including California Division of Industrial Safety. storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from Clause 38 - Sanitary Facilities acceptance of any work under the contract. The Contractor. . . will continue to pay for any portion of the ..Contractor~shallsupply..and.maintain atits expenseauchtoilets~~~ - - .utlhtles-which ~tisusing. ------and other sanitary facilities as are necessary for use by workers employed at the job site. Such facilities shall be approved by the (2) While the Owner has such possession or use, the Owner. Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Clause 39 - Responsibilitv for Com~lianceWith OSHA Owner's possession or use. If prior possession or use by the Owner delays the progress of the work or All work, materials, work safety procedures and equipment shall causes additional expense to the Contractor, an be in full accordance with the latest OSHA rules and regulations. equitable adjustment shall be made in the contract price or the time of completion, and the contract shall Contractor warrants that he and each of his subcontractors shalt, be modified in writing accordingly. in performance of this contract, comply with each and every conlpliance order issued pursuant to OSHA. The Contractor b. Use of Eaui~ment assumes full and total responsibility for compliance with OSHA standards by his subcontractors as well as himself. The cost of (I) The Owner may fake over and operate, with Owner complying with any compliance order andor payment of any employees, such equipment as is necessary for penalty assessed pursuant to OSHA shall be borne by the heating or cooling such areas of the building as Contractor. Contractor shall save, keep, and hold harmless the require the service, as soon as the installation is Owner, and all officers, employees, and agents thereof, from all sufficiently complete. liabilities, costs, or expenses, in law or in equity, that may at any time arise or be set up because of Contractor's or a (2) s he Owner will advise the Contractor by letter, prior subcontractor's non- compliance or alleged non-compliance with to the use of equipment, which items of equipment OSHA requirements. Nothing contained therein shall be will be operated, and the date and time such deemed to prevent the Contractor and his subcontractors from operation will begin. othenvise allocating between themselves responsibility for compliance with OSHA requirements; provided, however, that (3) Owner operation of equipment will not relieve the the Contractor shall not thereby be, in any manner whatsoever, Contractor of the guarantee on materials and relieved of his responsibility to the Owner as herein above set workmanship elsewhere provided for 1n this contract. forth. (4) The guarantee period, elsewhere provided for in this Clause 40 - Toxic and Hazardous Materials and Waste contract, for each piece of equipment shall be in accordance with the "Guarantees" clause of this Omitted from General Conditions contract.
J. COUNTY-FURNISHED PROPERTY
Clause 41 - Owner-Furnished Pro~erty Clause 43 - Inspection and Testine;
Omitted from General Conditions. a. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that K. BENEFICIAL OCCUPANCY the work called for by this contract conforms to contract requirements. The Contractor shall maintain complete Clause 42 - Beneficial Occu~ancv inspection records and make them available to the Owner. A representative of the Owner shall, at all times, have a. Use and Possession access to the work and the Contractor shall provide proper facilities for such access and for inspection. The County's (1) The Owner shall have the right to take possession of representative is prohibited from accepting from the or use any completed or partially completed part of the Contractor, his employees, and subcontractors any work. Before taking possession of or using any work, gratuity, gift, service or material of any value or use of the Owner shall furnish the Contractor a list of items equipment or facilities. of work remaining to be performed or corrected on those portions of the work that the Owner intends to b. Owner inspections and tests are for the sole benefit of the take possession of or use. However, failure of the Owner and do not: Owner to list any item of work shall not relieve the Contractor of responsibility for complying with the (1) Relieve the Contractor of responsibility for providing terms of the contract. The Owner's possession or use adequate quality control measures; shall not be deemed substantial completion nor an (2) Relieve the Contractor of responsibility for damage to covered up without such notice, approval, or consent, it or loss of the material before acceptance; must, if required by Owner, be uncovered for examination - - ...------at theConfractor!sexpense. - - .-- - - (3) Constitute or lmply acceptance; or i. The Contractor shall notify the Owner at least forty eight (4) Affect the continuing rights of the Owner after (48) hours in advance of the time required for the acceptance of the completed work latent defects, gross inspection. Should the Contractor fail to notify the Owner mistakes, fraud or the Owner's rights under any and proceed with work requiring inspection, all such work warranty or guarantee. is rejected, and no further work shall be done on the Project until the rejected work is accepted by the Owner. c. The presence or absence of an Owner inspector does not Should the Contractor request acceptance of such rejected relieve the Contractor from any contract requirement, nor is work the Owner shall, at the Contractor's expense, secure the inspector authorized to change any term or condition of the services oE private material testing laboratories, the specifications without the Owner's writtell consulting engineers or licensed land surveyors, who shall authorization. certify that said work does in fact conform to the requirements of the Plans and these specifications. The d. The Contractor shall promptly furnish, without additional work previously rejected shall be accepted by the Owner charge, all facilities, labor, and material reasonably needed after receipt of such certification if the Owner approves of for performing such safe and convenient inspections and such certification. tests as may be required by the Owner. The Owner niay charge to the Contractor any additional cost of inspection j. Whenever the Contractor Intends to perform work on or test when work is not ready at the time specified by the Saturday, Sunday, a legal holiday, or after normal working Contractor for inspection or test, or when prior rejection hours, he shall give notice to the Construction Manager of makes reinspection or retest necessary. Special, full size, such intention at least two (2) working days prior to and performance tests shall be performed as described in performing such work, or such other period as may be the contract. specified, so that the Owner may make necessary arrangements. If the Contractor fails to perform such e. The Contractor shall, without charge, replace or correct work during such time period as specified by the work found by the Owner not to conform to contract Contractor, the Owner may charge the Contractor for all requirements, unless in the public interest the Owner costs incurred. consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate k. Consmction review of the Contractor's performance by and remove rejected material from the premises. the Owner is not intended to include the review of the adequacy of the Contractor's safety measures, in, on, or f. If the Contractor does not promptly replace or correct near the construction site. rejected work, the Owner may (1) by contract or otherwise, replace or correct the work and charge the cost to the 1. The Owner will pay for initial testing services specified to Contractor, or (2) terminate for default the Contractor's be performed by the Owner. When initial tests indicate right to proceed. non- compliance with the contract documents, subsequent retesting occasioned by the non-compliance shall be g. If, before acceptance of the entire work, the Owner decides performed by the same testing agency, and costs thereof to examine already completed work by removing it or will be deducted by the Owner from the contract sum. tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the Clause 44 - Condemned Materials and Labor work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its Omitted from General Conditions subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. Clause 45 -Inspection bv Other Jurisdictions However, if the work is fouid to meet contract requirements, the Owner shall issue a Change Order. Omitted from General Conditions.
h. The Contractor shall at all times maintain proper facilities Clause 46 -Final Inspection and Tests and provide safe access for inspection by the Owner to all parts of the work, and to the shops wherein the work is in The Contractor shall give the Owner at least ten (10) calendar preparation. Where the specifications require work to be days' advance written notice of the date the work will be fully specially tested or approved, it shall not be tested or completed and ready for final inspection and tests. Final covered up without timely notice to the Owner of its inspection and tests will be started within 10 calendar days readiness for inspection and without the approval thereof or from the date specified in the aforesaid notice unless the Owner consent thereto by the latter. Should any such work be determines that the work is not ready for final lnspectlon and so h. The warranty under paragraph a shall continue for a informs the Contractor. period of 1 year from the date of final acceptance of the ------.------. ------workJf the Ownerlakes possessiohofany padof the - - M. ACCEPTANCE work before fmal acceptance, th~swarranty shall continue for a period of 1 year from the date the Owner takes Clause 47 - Acce~tanceof the Work possession. Contract bonds are in full force during the warranty penod. a. If, from the final inspection and after all contract documentation has been received, the Owner deternines c. The Contractor shall remedy at the Contractor's expense that the contract has been completed, the Project Manager any failure to conform, or any defect. In addition, the will certify to the Board of Supervisors and a copy of a Contractor shall remedy at the Contractor's expense any letter of acceptance will he sent to Contractor. (See Final damage to Owner-owned or controlled real or personal Payment Clause 65.) Upon receipt of the copy of the property, when that damage is the result of: acceptance, Contractor will he relieved of the duty of protecting the work. If the Owner determines that work is (1) The Contractor's failure to conform to contract not complete after receipt of certification by Contractor, requirements or Contractor shall be notified in writing of deficiencies, and procedures for final inspection, as set forth above, shall (2) Any defect of equipment, material, workmanship, ox again be initiated by Contractor. Neither determination by design furnished. the Owner that the work is complete nor acceptance thereof shall operate as a bar to Owner's claim against Contractor d. The Contractor shall restore any work damaged in pursuant to Contractor's warranty and guarantees. fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or h. Partial payments shall not be conshued as acceptance of replaced will run for 1 year from the date of repair or any part of the work. replacement.
c. In judging the work no allowance for deviations from the e. The Owner shall notify the Contractor, in writing, within a drawings and specificahons will he made, unless already reasonable time after the discovery of any failure, defect, approved in writing at the time and in the manner as called or damage. The Contractor hrther agrees that within ten for herein. (Ib)calendar days after heing notified in writing by the Owner of any work not in accordance with the d. Owner shall be given adequate opportunity to make any requirements of the contract or any defects in the work, necessary arrangements for fire insurance and extended the Contractor will commence and prosecute with due coverage. diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable e. Acceptance of the contract will not be given until all period of time. requirements of the contract documents are conlplete and approved by the Owner. This shall include, hut is not Notwithstanding the foregoing paragraph, in the event of limited to, all construction, guarantee forms, parts lists, any emergency constituting an immediate hazard to health schedules, tests, operating instructions, and as-built or safety of Owner employees, property, or licensees, the drawings - all as required by the contract documents. Owner may undertake at Contractor's expense, without prior notice, all work necessary to correct such hazardous N. WARRANTY AND GUARANTEES conditions when it was caused by work of Contractor not heing in accordance with requirements of this contract. Clause 48 -Contractor's Warrantv and Guarantee f. If the Contractor fails to remedy any failure, defect, or a. General Warranty. The Owner shall not, in any way or damage within a reasonable time after receipt of notice, manner, be answerable or suffer loss, damage, expense or the Owner shall have the right to replace, repair, or liability for any loss or damage that may happen to said othenvise remedy the failure, defect, or damage at the building, work, or equipment or any part thereof, or in, on, Contractor's expense. or about the same during its construction and before acceptance. In addition to any other warranties in this g. With respect to all warranties, express or implied, from contract, the Contractor warrants, except as provided in subcontractors, manufacturers, or suppliers for work paragraph j of this clause, that work perfomled under this performed and materials furnished under this contract, the contract conforms to the contract requirements and is free Contractor shall: of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any (1) Obtain all warranties that would be given in normal subcontractor or supplier at any tier. commercial practice; (2) Require all warranties to be executed, in writing, for materials and rubbish off-site at the least at weekly intervals. the benefit of the Owner, unless directed otherwise by Burning of materials is not permitted. ------AheQwner:and------
(3) Enforce all warranties for the benefit of the Owner, unless otherwise directed by the Owner. Clause 52 - Qualifications for Em~lovrnentand A~prenticeshipStandards 11. In the event the Contractor's warranty under paragraph b of this clause has expired, the Owner may bring suit at the According to Section 1735 of the California Labor Code, no Contractor's expense to enforce a subcontractor's, person under the age of 16 years of age and no person currently manufacturer's, or supplier's warranty. serving sentence in a penal or correctional institution shall be employed to perform any work under this contract. No person i. Unless a defect is caused by the negligence of the whose age or physical condition is such to make his Contractor or subcontractor or supplier at any tier, the employment dangerous to his health or safety or to the health Contractor shall not be liable for the repair of any defects or safety of others shall he employed to perform work under of material or design furnished by the Owner nor for the this contract; provided that this sentence shall not operate repair of any damage that results from a defect in against any physically handicapped persons otherwise Owner-furnished material or design. employable where such persons may be safely assigned to work which they ably perform. j. This warranty shall not limit the Owner's rights under the Inspection and Acceptance clause of this contract with This contract is subject to the provisions in Sections 1777.5 respect to latent defects, gross mistakes, or fraud. (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or k. Defects in design or manufacture of equipment specified by any subcontractor under hi. Section 1777.5, as amended, the Owner on a "brand name and model" basis, shall not be requires the Contractor or subcontractor employing tradesmen included in this warranty. In this event, the Contractor in any apprenticeable occupation to apply to the Joint shall require any subcontractors, manufacturers, or Apprenticeship Committee nearest the site of the public works suppliers thereof to execute their warranties, in writing, project and which administers the apprenticeship program in directly to the Owner. that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that willbe used in 0. ENVIRONMENTAL PROTECTION the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five, Clause 49 -Dust Control except:
Omitted from General Conditions a. When unemployment in the areas of coverage by the Joint Apprenticeship Committee has exceeded an average of Clause 50 - Excessive Noise fifteen percent (15) in the ninety (90) days prior to the request for certificate; or The Contractor shall use only such equipment on the work and in such state of repair, that the emission of sound therefrom is b. When the number of apprentices in training in the area within the noise tolerance level of that equipment, as established exceeds a ratio of one to five; or by accepted standards of the industry. Should the Ownet determine that the muffling device on any c. When the trade can show that it is replacing at least 1130 equipment used on the work is ineffective or defective so that of its membership through apprenticeship training on an the noise tolerance of such equipment, as established by annual basis statewide or locally; or accepted standards of the industry is exceeded, such equipment shall not, after such determination by the Owner, be used on the c. When the Contractor provides evidence that he enlploys work until its muffling device is repaired or replaced so as to registered apprentices on all of his contracts on an annual bring the noise tolerance level of such equipment within such average of not less than one apprentice to eight standards. journeymen.
Clause 51 -Pollution Control. Cleaning The Contractor is required to make contributors to funds established for the administration of apprenticeship programs if The Contractor shall not, in connection with the work, discharge he employs registered apprentices or journeymen in any any smoke, dust, or other contaminants into the atmosphere or apprenticeable trade on such contracts and if other contractors discharge any fluids or materials into any lake, river, stream, or on the public works site are making contributions. channel as will violate regulations of any Federal, State, or local law, regulation, or ordinance. The Contractor shall control accumulation of waste materials and rubbish and dispose waste The Contractor and any subcontractor under him shall comply reasonable hours to the inspection of the Owner or its officers with the requirements of Sections 1777.5 and 1777.6 in the or agents and to the Division of Labor Law Enforcement of the ~~rneaL&appsentices J3epartrnenfaLhdustrialRekti~~-- - -
Information relative to apprenticeship standards, wage Clause 54 - Waees & Records schedules, and other requirements may be obtained from the Administrator of Apprenticeship, San Francisco, California, or a. Waee Rates from the Division of Apprenticeship Standards and its branch offices. (1) Pursuant to Section 1770 and 1773 et. seq. of the Labor Code of the State of California, the Director of All employees engaged in work on the project under this Industrial Relations has ascertained the general contract shall have the right to organize and bargain collectively prevailing rate of per diem wages and the rates for through representatives of their own choosing, and such overtime and holiday work in the locality in which employees shall be free from interference, restraint, and the work is to be perfomled for each craft, coercion of employers in the designation of such employees for classification, or type of workman needed to execute the purpose of collective bargaining or other mutual aid or the contract which will be awarded to the successful protection, and no person seeking employment under this bidder, copies of which are on file and available upon contract shall be required as a condition of initial or continued request from the Depahnent of Public Works. enrployment to join any company, union, or to refrain from joining, organizing, or assisting a labor organization of such (2) It shall be mandatory upon the Contractor and upon person's own choosing. No person in the employment of the any subcontractor under him, to pay not less than the Owner shall be employed by this contractor to do any work on said specified rates to all laborers, workmen, and this contract. mechanics employed in the execution of the Contract. It is further expressly stipulated that the Contractor Clause 53 - Hours of Work shall, as a penalty to Owner, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for Eight hours of labor during any one calendar day and forty hours each laborer, workman, or mechanic paid less than of labor during any one calendar week shall constitute the the stipulated prevailing rates for any work done maximum hours of senice upon all work done hereunder, and it under this Contract by him or by any subcontractor is expressly stipulated that no laborer, workman, or mechanic underhim; and Contractor agrees to comply with all employed at any time by the Contractor or by any subcontractor provisions of Section 1770 et. seq. of the Labor or subcontractors under this contract, upon the work or upon any Code. part of the work contemplated by this contract, shall be required or permitted to work thereon more than eight (8) hours during (3) In case it becomes necessary for the Contractor or any one calendar day and forty (40) hours during any one any subcontractor to employ on the project under this calendar week, except, as provided by Section 1815 of the Labor contract any person in a trade or occupation (except Code of the State of California, work performed by employees executives, superviso~y,administrative, clerical, or of Contractors in excess of eight hours per day and forty hours other non-manual workers as such) for which no during any one week shall be permitted upon public work upon minimum wage rate is herein specified, the compensation for all hours worked in excess of eight hours per Contractor shall immediately notify the Owner who day at not less than one and one-half times the basic rate of pay. will promptly thereafter determine the prevailing rate It is further expressly stipulated that for each and every for such additional trade or occupation and shall violation of Sections 18 11-1815, inclusive, of the Labor Code of furnish the Contractor with the minimum rate based the State of California, all the provisions whereof are deemed to thereon. The minimum rate thus furnished shall be be incorporated herein, said Contractor shall forfeit, as a penalty applicable as a minimum for such trade or occupation to Owner, twenty-five dollars ($25.00) for each laborer, from the time of the initial employment of the person workman, or mechanic employed in the execution of this affected and during the continuance of such contract by Contractor, or by any subcontractor under this employment. contract, for each calendar day during which said laborer, workman, or mechanic is required or permitted to work more (4) Pursuant to Sections 1770 and 1773 of the Labor than eight hours in any one calendar day and forty hours in any Code, the Owner has ascertained the general one calendar week in violation of the provisions of said Sections prevailing rate of per diem wages applicable to the of the Labor Code. work to be done for straight time, overtime, Saturday, Sunday ad holiday work. The Contractor is required The Contractor, and each subcontractor, shall keep an accurate to post a copy of these prevailing wages rates on the record showing the names of and actual hours worked each job site. calendar day and each calendar week by all laborers, workmen, and mechanics employed by him in connection with the work (5) The County will not recognize any claim for contemplated by this Contract, which record shall be open at all additional compensation because of the payment by the Contractor of any wage rate in excess of the performance of this contract, the Contractor shall prevailing wage rate set forth as provided herein. The immediately give notice, including all relevant ~ili~~c~~eaf-the-ekmm&tninhunakhh,thPnWner be considered by the Contractor in determining his bid, and will not under any circumstances be b. The Contractor agrees to insert the substance of this considered as the basis of a claim against the County clause, including this paragraph b in any subcontract to on the contract. which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide b. Wage Records that in the event its timely performance is delayed or threatened by delay by any actual or potential labor Each contractor and subcontractor shall keep accurate dispute, the subcontractor shall immediately notify the payroll records. Each payroll record shall contain or be next higher tier subcontractor or the prime Contractor, as verified by a written declaration that it is made under the case may be, of all relevant information concerning the penalty of perjury, stating both of the following: (1) The dispute. information contained in the payroll record is true and correct. (2) The employer has complied with the Clause 56 -Nondiscrimination requirements of Labor Code Sections 177 1,181 1, and 18 15 for any work perfonned by his or her employees on the a. Eaual Emnlovment Ouuortunitv. Contractor agrees for public works project. the duration of this contract that it will not discriminate against any employee or applicant for employment The Contractor's and subcontractor's payroll records shall because of race, color, religion, sex, national origin, age, be made available upon request to the Owner for inspection political affiliation, marital status, medical condition, or and copying. handicap. The Contractor will take affirmative action to insure that employees are treated during employment or The certified payrolls shall be on forms provided by the training without regard to their race, color, religion, sex, Division of Labor Standards Enforcement or shall contain national origin, age, political affiliation, marital status, the same information as the forms provided by the Rules of medical condition, or handicap. The Contractor agrees to Labor Standards Enforcement. post in conspicuous places, available to employees and applicants for employment, notices to be provided setting A contractor or subcontractor shall file a certified copy of forth the provisions of this nondiscrimination clause. the requested records with the County within 10 days after Contractor shall abide by all laws and regulations relating receipt of a written request therefor. to nondiscrimination.
Any copy of records made available for inspection as Q. SUBCONTRACTING copies and furnished upon request to the public or any public agency shall be marked or obliterated to prevent Clause 57 -Subcontractors disclosure of an individual's name, address and social security number. The name and address of the contractor A subcontractor is a person or organization who has a direct awarded the contract or the subcontractor performing the contract with the Contractor to perform any of the work at the contractor shall not be marked or obliterated. site. Subcontractors shall be listed in the bid proposal according to the instructions contained therein. The contractor shall inform the Owner of the location of the records and shall, within five working days, provide a The Contractor agrees that he is as fully responsible to the notice of a change of location and address. Owner for the acts and omissions of his subcontractors and of The contractor or subcontractor shall have 10 days in which persons either directly or indirectly employed by them, as he is to comply subsequent to receipt of a written notice for the acts and omissions of persons directly employed by him requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to Nothing contained in the contract documents shall create any comply within the 10-day period, he or she shall, as a contractual relation between any subcontractor and the Owner. penalty to the County, forfeit $25.00 for each calendar day, or portion thereof, for each worker, until strict compliance Clause 58 -Relations of Contractor and Subcontractor is effectuated. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a The Contractor agrees to bind every subcontractor and every subcontractor to comply with this section. subcontractor agrees to be bound by the terms of the Agreement, the General Conditions, Supplementary Clause 55 -Notice of Labor Disvutes Conditions, the drawings and specifications as far as applicable to his work, including the following provisions of this article, a. If the Contractor has knowledge that any actual or potential unless specifically noted to the contrary in a subcontract labor dispute is delaying or threatens to delay the timely approved in writing as adequate by the Owner. This does not of said contract price, as the case may be, by a fair and apply to minor subcontracts under $5,000. reasonable valuation, agreed to in writing between the r il The subcontractor agrees: change be made unless in pursuance of a written order from the Owner, duly authorized by resolution of its a. To be bound to the Contractor by the terms of the governing body, and by all agencies whose approval is Agreement, General Conditions, Special Conditions, required by law, stating that the extra work or change is drawings and specifications, and to assume toward him all authorized and no claim for an addition to the contract the obligations and responsibilities that he, by those sum shall be valid unless so ordered. Changes may documents, assumes toward the Owner. include but not be limited to: b. To submit to the Contractor applications for payment in (1) The specifications (including drawings and designs); such reasonable time as to enable the Contractor to apply for payment under terms of the General Conditions. (2) The method or manner of performance of the work; c. To make all claims for extras, for extensions of time, and (3) The Owner-furnished facilities, equipment, materials, for damages for delays or otherwise to the Contractor in the services, or site; manner provided in the General Conditions for claims by the Contractor upon the Owner. (4) Directing acceleration in the perfomlance of the work; or The Contractor agrees: (5) Extra terms or time. a. To be bound to the subcontractor by all the obligations that the Owner assumes to the Contractor under the Agreement, b. Any other written or oral order (which, as used in this General Conditions, Special Conditions, drawings and paragraph b, includes direction, instruction, interpretation, specifications, and by all the provisions thereof affording or determination) from the Owner that causes a change remedies and redress to the Contractor from the Owner. shall be treated as a change order under this clause; provided, that the Contractor immediately gives the b. To pay the subcontractor, upon the payment of certificates, Owner written notice stating (1) that date, circumstances, the amount allowed to the Contractor on account of the and source of the order, and (2) that the Contractor regards subcontractor's work to the extent of the subcontractor's the order as a change order. interest therein. c. Except as provided in this clause, no order, statement, or c. To pay the subcontractor to such extent as may be provided conduct of the Owner shall be treated as a change under by the contract documents or the subcontract, if either of this clause or entitle the Contractor to an equitable these provides for earlier or larger payments than the adjustment. above. d. If any change under this clause causes an increase or Clause 59 - Subcontracts decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this Omitted from General Conditions contract, whether or not changed by any such order, the Owner shall make an equitable adjustment and modify the contract in writing as a Change Order. However, except for a proposal for adjustment or request for a change Clause 60 - Sales and Pavroll Taxes (hereafter referred to as proposal) based on defective specifications, no proposal for any change under Each Contractor, subcontractor, and material dealer.sball pay all paragraph b above shall he allowed for any costs incurred sales tax and payroll taxes required by law. more than seven (7) days before the Contractor gives written notice as required. In the case of defective S. CHANGES specifications for which the Owner is responsible, the equitable adjustment shall include any increased cost Clause 61 - Chanee Order Work Notification reasonably incurred by the Contractor in attempting to comply with the defective specifications. a. Should the Owner at any time during the progress without notice to sureties of said work request any alterations, e. No proposal by the Contractor for an equitable adjustment deviations, additions, or omissions from said specifications shall be allowed if asserted after final payment under this or plans or other contract documents it shall be at liberty to contract. do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount f. Changes will be performed in accordance with the original e. Failure to Price contract requirements. . . rfthrrnntrlrtnrubmiuhuostqza~ Clause 62 - Chanee Order Process the 15-day period (or as requested), the Owner has the right to order the Contractor in writing to commence the work immediately on a force account basis andlor issue a lump sum change to the contract price in accordance with The Contractor will give notice of a change withim seven the Owner's estimate of cost. If the change is issued based days from discovery and, if the Owner agrees, a proposed on the Owner estimate, the Contractor will waive his right change order will be issued on the Owner's standard to dispute the action unless within 15 days following proposed change order form. completion of the addedldeleted work, the Contractor presents proof that the Owner's estimate was in error.
f. Failure to Aeree Upon receipt of the proposed Change Order, the Contractor shall submit a proposal, in accordance with the If the Owner and the Contractor fail to agree as to the cost requirements and limitations set forth in the "Change proposal for the proposed change order, the Contractor Orders" clause, for work involving contemplated changes upon written order from the Owner shall proceed covered by the proposed change. immediately with the changed work. The Contractor shall be directed to proceed on a time and materials (T&M) The Contractor's written statement of the monetary extent (force account) basis or shall be directed to proceed on a of a request for a change shall be submitted in the lump sum basis using the Owner's estimated cost of the following form: proposed change. When there has been failure to agree as to the cost, no payment will be made to the Contractor (I) Cost proposals totaling $500 or less shall be submitted until completion of the work called for in the change order in the form of a lump sum proposal with supporting or in the written order authorizing performance of the information to clearly relate elements of cost with work. specific items of work involved to the satisfaction of the Owner, or its Construction Manager. g. Time & Material (T&M) Changes
(2) For cost proposals in excess of $500, the cost proposal The Owner will establish a budget not-to-exceed (NTE) shall be submitted in the form of a lump sum proposal price for the T&M change order which may be increased supported with a detailed itemized breakdown of all with the approval of the Owner. The Contractor will increases and decreases in the contract, including all notify the Owner when he has reached 80% of the labor, equipment and materials, as required by the not-to-exceed budget. The Contractor shall proceed and following paragraphs. The Contractor will use the shall maintain a daily job force account record containing prescribed Owner furnished proposed change order detailed cost summary of labor, materials, and equipment form. The Contractor shall upon request by the Owner required for the changed work. Upon being signed and permit inspection of the original unaltered contract bid agreed to by the Construction Manager on a daily basis, estimate, subcontract agreements, or purchase orders the force account record will become the basis for relating to the change; and documents substantiating payment of the changed work, but such agreement shall all costs associated with the cost proposal. not preclude subsequent adjustment based upon later audit by the Owner. The Contractor will provide a weekly accounting of cost compared to the NTE budget.
If the Owner disagrees with the request for change it will Upon completion of the work under the change order, the notify the Contractor in writing and the Contractor may Contractor shall submit its invoice therefor containing elect to issue a dispute notification according to the Dispute only the items of labor, materials, and equipment which Claims Clause 70. are in addition to the requirements of the contract and as approved by both parties, together with the allowable d. Pricine Time markups.
The Contractor must submit a cost proposal within fifteen (15) days upon receipt of the proposed change order or the hmishing of the contractor's written notice. The The Contractor shall identify any adjustment in time of the Contractor must submit cost proposals in less than 15 days final con~pletionof the work as a whole which is directly if requested by the Owner or if required by schedule attributable to the changed work within fifteen (15) days limitations. upon the receipt of the proposed change order. The Contractor's request for a change in time will be supported by a detailed schedule analysis indicating the activities (e) For deleted work the credit markup shall be 10% which have been affected aud the additional time being of the direct cost or the agreed upon estimate requested. thereof. -
For a change in time for the work, the Contractor shall be (f) The markup shall include profit, small tools, entitled only to such adjustments in time by which cleanup, engineering, supervision, warranties completion of the entire work is delayed due to the jobsite overhead and Home Office overhead. performance of the changed work. Each estimate for change in the work submitted by the Contractor shall state (g) The markup for T&M work will be 5% less than amount of the extra time the Contractor considers should be noted above in paragraphs (a) through (d). allowed for making the requested change. Failure to request extra time when submitting such estimate shall (h) The markup for bonds and insurance shall be no constitute waiver of the right to subsequently claim more than 12% of the cost of the price change. adjustment in time for final completion based upon such changed work. (2) Direct Costs i. Tvue of Chanee (a) Labor
A change order may adjust the contract price either upward Cost for labor shall include any employer or downward in accordance with one or a combination of payments to or on behalf of the workmen for the following, as the Owner may elect: health, welfare, pension, vacation, and similar purposes. Labor rates will not be recognized (1) On a lump sum basis as supported by the breakdown when in excess of those prevailing in the locality of estimated costs. and time the work is being perfomled. The costs for all supervision including General (2) In case of failure to price or failure to agree, on a lump Superintendents and Foremen will be included sum basis using the Owner's estimate of costs. in the markups established by the Contract. The only exception to this will be working foremen (3) On a unit price basis. who perform actual manual labor. No labor charges will be accepted for engineering or (4) On a time and material (force account) basis. proposal preparation. These costs will be included in the markups established by the j. Chanee Order Costs Contract. A breakdown of the payroll rates for each trade wiU be provided for all change orders 30 days after notice to proceed including the base rate, benefits, payroll taxes, and insurance. (a) For work performed by the General Contractor in the amount equal to the direct cost (as defined Overtime and premium time pricing will only he herein) for the work plus 15% of the direct costs allowed for labor which, based on mutual for overhead and profit. agreement, shall be performed after normal working hours. (b) For work performed by Subcontractor in the amount equal to the direct cost (as defined Mechanical and electrical changes will be herein) for the work plus 20% of the direct cost negotiated using productivity factors no greater for overhead and profit. (Suggested Breakdown: than those listed in the following manuals: 15% to the Subcontractor, 5% to the General Contractor.) Electrical: NECA Column 1 (Nom~al),Latest Edition. (c) For work performed by a Sub-subcontractor (any Plumbine and Piping MCAA Discounted 30%. tier), in the amount equal to the direct cost (as HVAC: National Mechanical Estimator by defined herein) for the work plus 25% of the Ottaviano, latest edition. direct cost for overhead and profit. (Suggested Breakdown: 15% for Sub- subcontractor, 5% to (b) Materials Subcontractor and 5% to General Contractor.) The actual cost to the Contractor for the (d) In no case will the total markups be greater than materials directly required for the perfomlance 25% of the direct cost notwithstanding the of the changed work. Such cost of materials number of contract tiers actually existing. may include the cost of transportation and no delivery charges will be allowed u111ess the excess of the rental rates established by Caltrans delivery is specifically for the changed work andlor the AED any tier book.
If a trade discount by an actual supplier is The amount to be paid to the Contractor for the available to the Contractor, it shall be credited to use of equipment as set forth above shall the Owner. If the materials are obtained from a constitute full compensation to the Contractor supplier or source owned wholly or in part by the for the cost of fuel, power, oil, lubricants, Contractor, payment thereof will not exceed the supplies, small tools, small equipment, current wholesale price for the materials. The necessary attachments, repairs and maintenance term "trade discount'' includes the concept of of any kind, depreciation, storage, insurance, cash discounting. labor (except for equipment operators) and any and all costs to the Contractor incidental to the If in the opinion of the Owner, the cost of the use of the equipment. materials is excessive or if the Contractor fails to furnish satisfactory evidence of a cost to him other from the actual supplier thereof, then, in either case, the cost of the materials shall be The Contractor shall maintain his records in such a deemed to be the lowest current wholesale price manner as to provide a clear distinction between the direct at which similar materials are available in the costs of extra work and the cost of other operations. This quantities required. The Owner reserves the right requirement pertains to proposed change orders, change to furnish such materials as it deems advisable orders and work the Contractor considers to be potential and the Contractor shall have no claims for cost change orders. or profits on materials furnished by the Owner. The Contractor will provide at the beginning of the project a certified statement and detailed calculation from its accountant establishing the job site and pro rata home The actual cost to the Contractor for the use of office overhead rates for itself and its major equipment directly required in the performance subcontractors. of the changed work. In computing the hourly rental of equipment, any time less than 30 The Contractor at the beginning of the project shall minutes shall be considered one-half hour. No provide a complete listing of all Contractor and payment will be made for time while equipment subcontractor hourly labor rates. is inoperative due to breakdown or for non-workdays. In addition, the rental time shall 1. Emereencv Changes not include the time required to move the equipment to the work for rental of such Changes in the work made necessary due to unexpected or equipment, and to rehm it to the source. No unforeseen site conditions, discovery of errors in plans or mobilization or demobilization will be allowed specifications requiring immediate clarifications in order for equipment already on site. If such equipment to avoid serious work stoppage, or other changes where is not moved by its own power, then loading and the extent cannot be determined until completed, or under transportation costs will be paid in lieu or rental any circumstances whatsoever deemed necessary by the time thereof. However, neither moving time nor Owner, are types of emergency changes which may be loading and transportation costs will be paid if authorized by the Owner in writing to the Contractor. The the equipment is used on the project in any other Contractor shall commence perfomlance of emergency way than upon the changed work changes immediately upon authorization. These changes will be performed on a time and material (force account) Individual pieces of equipment having a basis as aforementioned. replacement value of $1,000 or less shall be considered to be small tools or small equipment and no payment will be made therefor. All alterations, extensions of time, extra and additional The rental rate for equipment will not exceed that work and other changes authorized by these specifications as recommended by the lower of the rental rates or any part of the contract may be made without securing established by Caltrans or as contained in the consent of the surety or sureties on the contract bonds. Associatio~lof Equipment Distributors (AED) book.
For equipment owned, furnished, or rented by the The Contractor may not reserve a right to assess impact Contractor no cost thereof shall be recognized in cost, extended job site costs, extended overhead, andlor constructive acceleration at some later date as related to any d. In the preparation of estimates the Owner may authorize and all changes. These costs or estimated costs must be material delivered on the site and preparatory work done supported with full schedule and cost documentation with to be taken into consideration for major equipment if: each proposed change within the prescribed submission times. If a request for a change is denied and the (1) Consideration is specifically authorized by this Contractor disputes the denial, the Contractor must supply contract; and the aforementioned documentation to support his claim under the disputes clause of this contract. The Contractor (2) The Contractor furnishes satisfactory evidence that it shall waive his right to impact, extended overhead costs has acquired title and paid invoices for such material and construction acceleration due to the multiplicity of and that the material will be used to perform this changes and clarifications. contract. o. Schedule e. On the 25th of each month the Contractor will submit his request for payment. Prior to that submittal the Owner Should the Contractor find that a change has not been will review the requested percentage of completion for processed which may effect the immediate contmllimg each activity. The payment request will be in the format activity(ies), they will request a directive (Field Instruction) as prescribed by the Owner and will refer to the schedule to proceed on a T&M basis. (or cost loaded CPM where required).
Clause 63 -Audit f. All estimates of work performed during the preceding calendar month and all requests for payment thereof or for a. The Owner shall have the right to examine and audit all partial payment on account of equipment delivered but not books, estimates, records, contracts, documents, hid installed, as herein provided for, shall be certified by documents, subcontracts, and other data of the Contractor Contractor and countersigned by him before any (including computations and projections) related to certificate shall be given to Owner. If errors are found in negotiating, pricing, or performing the modification in a request for payment, the errors shall he corrected by the order to evaluate the accuracy, completeness, and currency Contractor, and the request resubmitted to the Owner and of the cost or pricing data at no additional cost to the to the Construction Manager for approval, bearing the date Owner. of same as corrected. b. The Contractor shall make available at its ofice at all g. Retainaee and Withholds reasonable times the materials described in paragraph a above, for examination, audit, or reproduction, until 4 years (1) Retainaee after final payment under this contract. In making these progress payments, there shall be c. The Contractor shall insert a clause containing all the retained 10 percent of the estimated amount until provisions of this clause, including this paragraph in all final completion and acceptance of the contract work. subcontracts over $10,000 under this contract. When the work is substantially complete, the Owner shall retain an amount that tlie Owner considers T. PAYMENT adequate protection and may release to the Contractor all or a portion of any excess amount. Clause 64 -Payment (2) Except as otherwise prohibited by law, the Contractor a. The Owner shall pay the Contractor the contract price as may elect to substitute securities in lieu of retention provided in this contract. or enter into an Escrow Agreement for Security Deposits in Lieu of Retention in accordance with b. The Owner shall make progress payments monthly as the Public Contract Code Section 22300. work proceeds, on estimates approved by the Owner. The Contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, Contractor and each subcontractor shall pay each of to provide a basis for determining progress payments. hisiher employees engaged in work under this contract in full (less deductions made mandatory by law) in c. Contractor shall submit to the Owner and to the Project accordance with California law. The Contractor shall Manager vouchers, schedule activities, or other satisfactory submit certified payrolls for all enlployees engaged in the proof of the value of any work for which he claims work during the period of the request with the monthly payment on such account, and receipts showing that pay request. progress payments have been duly made on such contracts, and for materials furnished. i. Withholds (1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have The Owner may withhold (in excess of retainage) or, on been made or the restoration of any damaged work; account of subsequently discovered evidence, nullify the or whole or a part of any certificate to such extent as may be necessmy to protect the Owner from loss on account of: (2) Waiving the right of the Owner to require the fulfilln~entof all of the terms of the contract. (1) Defective work not remedied. Clause 65 -Final Pavment (2) Claims filed or reasonable evidence indicating probable filing of claims. a. m.The Owner shall pay the amount due the Contractor under this contract after: (3) Failure of the Contractor to make payments properly to subcontractors or for material or labor. (1) Final Completion and acceptance of all work per the acceptance clause of this contract; (4) Damage to another Contractor. (2) Presentation of a properly executed voucher; (5) Delays in progress toward completion of the work, with the stipulated amount of liquidated damages (3) Release of all liens; and being withheld for each day of delay for which no extension is granted. (4) Presentation of release of all claims against the Owner arising by virtue of this Contract, other When the above grounds are removed, payment shall be made than claims, disputes in stated amounts, that the for the amount withheld because of them. Contractor has specifically excepted from the operation of the release. j. Liens and Stor, Notices b. M. Neither the final payment nor any part of the (1) Should stop notices be filed with the Owner or retained percentage shall become due until the Contractor, Owner's Auditor, Owner shall withhold the amount if required, shall deliver to the Owner a complete release claimed from certificates until such claims shall have of all liens arising out of this contract, or receipts in full in been resolved pursuant to law, Civil Code Section lieu thereof and, if required in either case, an afidavit that 3 179 et. seq. so far as he has knowledge or information the releases and receipts include all labor and material for which a lien (2) At the election of the Owner, Contractor shall provide, could be filed; but the Contractor may, if any within ten (10) days of receipt of each progress subcontractor refuses to furnish a release or receipt in full, payment, unconditional waivers and release of lien furnish a bond satisfactory to the Owner, to indemnify him rights, signed by Contractor and each of its against any lien. If any lien remains unsatisfied after all subcontractors and materials suppliers, in the form payments are made, the Contractor shall refund to the established therefor by Section 3262 of the Civil Code Owner all moneys that the latter may be compelled to pay of the State of California. Such waiver and lien in discharging such a lien, including all costs and releases shall be submitted by the Contractor prior to reasonable attorney's fees. the release by Owner of the next payment. c. Final Certificates. When the work is ready for acceptance (3) Subject to other conditions of these specifications, by the Owner, the Project Manager or its Construction within forty (40) days after receipt of Contractor's Manager shall so certify in writing to the Board of monthly request for payment on account, during the Supervisors, and a certificate of acceptance will be issued progress of the work, the Owner shall issue certificates to the Contractor which will bring his progress payment of payment on account of the contract, for labor and up to ninety percent of the contract price, less sums materials actually incorporated in place in the building withheld regarding liquidated damages, if any. in a satisfactory manner approved by the Construction Manager. Notice of Completion will be recorded by the Owner upon completion and acceptance of the work Providing no stop k. Rights to Pro~erty notices have been filed, thirty-five (35) days after filing of such Notice of Completion, payment due under the All material and work covered by progress payments made contract will become due to the Contractor and the Project shall, at the time of payment, become the sole property of Manager or its Construction Manager shall so certify to the Owner, but this shall not be construed as: the Owner authorizing the final payment. Such payment may withhold any reasonable sums payable to Contractor for any work which could not have been completed on said date or that the Owner may have found defective and U. SUSPENSION OF WORK. TERMINATION ordered to be replaced. Final payment for withholdings will be made when the work is completed andlor defective Clause 67 - Suspension of Work work replaced. a. The Owner may order the Contractor, in writing, to d. Final Pavment and Claims Disputes. After acceptance of suspend, delay, or interrupt all or any part of the work of work, the Owner will submit to Contractor a statement of this contract for the period of time that the Owner the sum due Contractor under this contract, together with determines appropriate for the convenience of the Owner. Owner payment in the amount thereof. Said statement shall take into account the contract price, as adjusted by any b. If the performance of all or any part of the work is, for any change orders; amounts already paid; and sums to be unreasonable period of time, suspended, delayed, or withheld for mcomplete work, liquidated damages, and for interrupted (I) by an act of the Owner in the any other cause under the contract. Within thirty (30) days administration of this contract, or (2) by the Owner's after receipt thereof, Contractor shall approve such failure to act within the time specified in this contract (or statement or file a claim with the Owner under the Dispute within a reasonable time if not specified), the Contractor Claims Clause 70. Approval of said statement or failure to will provide notice according to this clause. file claim within said 30 day period shall constitute a waiver by Contractor of additional right to compensation Any increase in the cost of performance of this contract under or by reason of the contract and the payment so made (excluding profit) necessarily caused by the unreasonable by Owner shall thereupon become a complete settlement suspension, delay, or interruption, will result in the between Owner and Contractor. To constitute filing of contract being modified in writing accordingly by Change claim Contractor shall set forth in writing and in detail the Order. However, no adjustment shall be made under this basis for claim and amount of money for which demand is clause for any suspension, delay, or intenuption to the made and shall submit same to the Owner in accordance extent that performance would have been so suspended, with the disputes clause of this contract. No demand by delayed, or interrupted by any other cause, including the Contractor shall be recognized as a claim by the Owner fault or negligence of the Contractor, or for which a unless it is filed in accordance with paragraph d and the change order is provided for or excluded under any other disputes clause. term or condition of this contract.
The Owner shall examine the claim so filed and, if the c. A claim under this clause shall not be allowed (1) for any claim is found to be proper, an Owner payment will be costs incurred more than seven (7) days before the issued in the amount due upon such claim. If the Owner Contractor notified the Owner in writing of the act or finds that such claim is without merit, Contractor will be so failure to act involved (but this requirement shall not notified. The finding by the Owner on such claim shall be apply as to a claim resulting from a suspension order), and binding and conclusive upon Owner and Contractor as to (2) unless the claim, in an amount stated, is asserted in questions relating to performance of the contract and writing within 7 days after the termination of the amount to be paid thereunder except in case of gross error. suspension, delay, or interruption. Failure to provide a 7- The decision of the Owner will be in writing and a copy day notice andlor a fully detailed claim including all facts furnished to Contractor. and pricing within the 7 days after termination of suspension will result in the Contractor waiving histher The Contractor shall, from the effective date of acceptance right to claim. until the expiration of four years after final settlenlent under this contract, preserve and make available to the d. The Owner may stop work in accordance with the safety Owner, all its books, records, documents, and other and health clause and non-compliance clause of this evidence bearing on the costs and expenses of the contract for no additional cost or time. Contractor under this contract. Clause 68 - Non-Compliance with Contract Reauirements Clause 66 -Assignment a. In the event the Contractor, after receiving written notice Neither the Contract, nor any part thereof, nor moneys due or to from the Owner of non-compliance with any requirement become due thereunder may be assigned by the Contractor of this contract, fails to initiate promptly such action as without the prior written approval of the Owner which may not may be appropriate to comply with the specified be unreasonably withheld. requirement within a reasonable period of time, the Owner shall have the right to order the Contractor to stop any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result appliances, plants, and other property belonging to the of being ordered to stop work for such cause. Contractor as may be on the site of the work and necessary therefor. b. Abandonment of Work. Should the Contractor abandon the work called for under the plans and specifications and b. Termination for Convenience contract documents, or assign his contract, or if the Contractor unnecessarily and unreasonably delays the (1) The Owner may terminate performance of work work, or if the Contractor willfully violates or performs the under this contract in whole or, from time to time, in work in bad faith, the Owner shall have the power to notify part if the Owner determines that a termination is in the Contractor to discontinue all work or any part thereof the Owner's interest. The Owner shall terminate by under this contract, and thereupon the Contractor shall delivering to the Contractor a Notice to Terminate cease to continue said work or such part thereof as the specifying the extent of termination and the effective Owner may designate, and the Owner shall thereupon have date. the power to employ such persons as it may consider desirable, and to obtain by contract, purchase, hire or After receipt of a Notice of Termination, and except otherwise, such implements, tools, material or materials as as directed by the Owner, the Contractor shall the Owner may deem advisable to work at and be used to immediately proceed with the following obligations, complete the work herein described, or such part thereof as regardless of any delay in determining or adjusting shall have not been completed, and to use such material as any amounts due under this clause. it may find upon the site of said work, and to charge the expense of such labor and material, implements and tools to Stop work as specified in the notice. the Contractor, and the expense so charged shall be deducted and paid by the Owner out of such monies as may Place no further subcontracts or orders (referred to as either be due, or may at any time thereafter become due to subcontracts in this clause) for materials, services, or the Contractor hereunder and by virtue of the contract. facilities, except as necessary to complete the continued portion of the contract. Clause 69 -Termination Terminate all subcontracts to the extent they relate to a. Termination for Breach the work terminated.
If the Contractor should be adjudged bankrupt or if he Assign to the Owner, as directed, all right, title, and should make a general assignment for the benefit of his interest of the Contractor under the subcontracts creditors, or if a receiver should be appointed on account of terminated, in which case the Owner shall have the his insolvency, or if he or any of his subcontractors should right to settle or to pay any termination settlement violate any of the provisions of the Contract, the Owner proposal arising out of those terminations. may serve written notice upon him and his surety of its intention to terminate the Contract, such notice to contain With approval or ratification to the extent required by the reasons for such intention to terminate the Contract, the Owner, settle all outstanding liabilities and and, unless within ten (10) days after serving of such termination settlement proposals arising from notice, such violation shall cease and satisfactory termination of subcontracts; the approval or arrangements for correction thereof be made, the Contract ratification will be fmal for purposes of this clause. shall, upon the expiration of said ten days, cease and terminate. In the event of any such termination, the Owner As directed by the Owner, transfer title and deliver to shall immediately serve written notice thereof upon the the Owner (I) the fabricated or unfabricated parts, surety and the Contractor, and the surety shall have the work in progress, completed work, supplies, and right to take over and perform the Contract; provided, other material produced or acquired for the work however, that if the surety within fifteen (15) days after the terminated, and (2) the completed or partially serving upon it of notice of termination does not give the completed plans, drawings, information, and other Owner written notice of its intention to take over and property that, if the contract had been completed, perform the contract or does not commence performance would be required to be furnished to the Owner. thereof within fifteen (15) days from the date of the serving of such notice, the Owner may take over the work and Complete performance of the work not terminated prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at Take any action that may be necessary, or that the the expense of the Contractor, and the Contractor and his Owner may direct, for the protection and preservation surety shall be liable to the Owner for any excess cost of the property related to this contract that is in the occasioned the Owner thereby, and in such event the possession of the Contractor and in which the Owner Owner may without liability for so doing take possession of has or may acquire an interest. and utilize in completing the work, such materials, Use its best efforts to sell, as directed or authorized by however, if it appears that the Contractor the Owner, any property of the types referred to in would have sustained a loss on the entire subparagraphs above; provided, however, that the contract had it been completed, the Owner Contractor (I) is not required to extend credit to any shall allow no profit under this subdivision purchaser, and (2) may acquire the property under the (iii) and shall reduce the settlement to conditions prescribed by, and at prices approved by, reflect the indicated rate of loss. the Owner. The proceeds of any transfer or disposition will be applied to reduce any payments to (b) The reasonable costs of settlement of the work be made by the Owner under this contract, credited to terminated including: the price or cost of the work, or paid in any other manner directed by the Owner. (i) Accounting, legal, clerical, and other expenses reasonably necessary for the (2) After termination, the Contractor shall submit a final preparation of termination settlement termination settlement proposal to the Owner in the proposals and supporting data; form and with the certification prescribed by the (ii) The termination and settlement of Owner. The Contractor shall submit the proposal subcontracts (excluding the amounts of promptly, but no later than 30 days from the effective such settlements); and date of termination. If the Contractor fails to submit the proposal within the time allowed, the Owner may (iii) Storage, transportation, and other costs determine, on the basis of information available, the incurred, reasonably necessary for the amount, if any, due the Contractor because of the preservation, protection, or disposition of termination and shall pay the amount determined. the termination inventory.
(3) Subject to paragraph (2) above, the Contractor and the (5) Except for normal spoilage, the Owner shall exclude Owner may agree upon the whole or any part of the from the amounts payable to the Contractor under amount to he paid because of the termination. The paragraph (4) above, the fair value, as determined by amount may include a reasonable allowance for profit the Owner, of defective work, and of property that is on work done. However, the agreed amount, whether destroyed, lost, stolen, or damaged so as to become under this paragraph (3) or paragraph (4) below, undeliverable. exclusive of costs shown in subparagraph (4) below, may not exceed the total contract price as reduced by (6) The Contractor shall have the right of claim under the (1) the amount of payments previously made, and (2) Disputes clause, from any determination made by the the contract price of work not terminated. The contract Owner under paragraph (2), (4), or (8), except that if shall be amended with a Change Order, and the the Contractor failed to submit the termination Contractor paid the agreed amount. Paragraph (4) settlement proposal within the time provided in below shall not limit, restrict, or affect the amount that paragraph (2) or (8), and failed to request a time may be agreed upon to be paid under this paragraph. extension, there is no right of appeal. If the Owner has made a determination of the amount due under (4) If the Contractor and Owner fail to agree on the whole paragraph (2), (4), or (a), the Owner shall pay the amount to be paid the Contractor because of the Contractor the amount determined by the Owner if termination of work, the Owner shall pay the there is no right of appeal or if no timely appeal has Contractor the amounts determined as follows, hut been taken, or the amount finally determined on legal without duplication of any amounts agreed upon under determination. the above paragraphs: (7) In arriving at the amount due the Contractor under (a) For contract work performed before the effective this clause, there shall he deducted: date of termination, the total (without duplication of any terms) of: (a) All udiquidated advance or other payments to the Contractor under the terminated portion of (i) The cost of this work; this contract;
(ii) The cost of settling and paying termination (b) Any claim which the Owner has against the settlement proposals under terminated Contractor under this contract; and subcontracts that are properly chargeable to the terminated portion of the contract if not (c) The agreed price for, or the proceeds of sale of, included in subdivision (i) ahove; and materials, supplies, or other things acquired by the Contractor or sold under the provisions of (iii) A sum, as profit on (i) ahove, determined by this clause and not recovered by or credited to the Owner to be fair and reasonable; the Owner. (8) If the termination is partial, the Contractor may file a he shall, within seven (7) calendar days after such demand proposal with the Owner for a Change Order of the is made or instruction is given, file a written protest with price(s) of the continued portion of the contract. The the Owner stating clearly and in detail his objections and Owner shall make any Change Order agreed upon. reasons therefor. If a written protest is not issued withim Any proposal by the Contractor for an equitable seven (7) days after the demand is made, the Contractor adjustment under this clause shall be requested within shall waive any and all right to pursue any relief as to that 30 days from the effective date of termination unless protest or claim. extended in writing by the Owner. d. Decision on Protest: The Owner's Project Manager will (9) The Owner may, under the terms and conditions it review the Contractor's written protest, and provide a prescribes, make partial payments and payments written decision to the Contractor ("Decision"). against costs incurred by the Contractor for the terminated portion of the contract, if the Owner e. Written Claim Reauired: If, after receiving the Decision, believes the total of these payments will not exceed the Contractor still believes he has a valid claim, he shall the amount to which the Contractor will be entitled. If so notify the Owner through the Owner's Project Manager the total payments exceed the amount finally or its Construction Manager, in writing, within seven (7) determined to be due, the Contractor shall repay the days after receiving the Decision that a formal written excess to the Owner upon demand, together with claim will be issued. Within thirty (30) days of receiving interest. the Decision, the Contractor shall submit his claim and all arguments, justification, cost or estimates, schedule (1 0) Unless otherwise provided in thii contract or by analysis, and detailed documentation supporting his statute, the Contractor will maintain all records and position in accordance with the claim format set forth documents relating to the terminated portion of this below. Failure to provide notification within seven (7) days of the Decision and all justifying documentation with contract for 4 years after final settlement. This thirty (30) days of the Decision will result in the includes all books and other evidence bearing on the Contractor waiving any and all rights to pursue the subject Contractor's costs and expenses under this contract. claim. The Contractor shall make these records and documents available to the Owner, State andlor the f. Claim Format: The Contractor shall submit the claim U.S. Government or their representatives at all justification in the following format: reasonable times, without any direct charge. 1. Cover letter containing summary of claim merit and amount, and clause or section under the contract under which the claim is made. Clause 70 - Dis~utesIClairns 2. List of documents relating to claim: a. Definition of Claim: "Claim" as used in this clause, means a written demand or written assertion by one of the a) Specifications contracting parties seeking, as a matter of right, the b) Drawings payment of money in a sum certain, the adjustment or c) Clarifications PI'S) interpretation of contract terms, or other relief arising under d) Correspondence or relating to this contract. A voucher, invoice, or other e) Other Relevant Information routine request for payment that is not in dispute when submitted is not a claim or dispute under the contract. The 3. Chronology of Events voucher, invoice, or other request for payment may he converted to a claim under the contract, by complying with 4. Detailed Analysis of Claim Merit the submission requirements of this clause, if it is disputed either as to liability or amount. 5. Detailed Analysis of Claim Cost b. Good Faith Attempt to Resolve: Contractor and Owner 6. Certification shall make good faith attempts to resolve any and all protests and claims that may from time to time arise during 7. Attachments: the performance of the work covered by this contract. a) Specifications c. Written Protest Required: If the Contractor considers any b) Drawings work demanded of him to be outside the requirements of c) Clarifications PI'S) the contract, or if he considers any instruction, meaning, d) Correspondence requirement, ruling, or decision of the Owner or its Project e) Other Relevant Information Manager or its Conshuction Manager to be unauthorized, g. Certification: The Contractor (and subcontractors) shall which arise between a contractor and a local agency. (2) This submit with the claim a certification that: article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public 1. The claim is made in good faith; agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. 2. Supporting data are accurate and complete to the best (b) (1) "Public work" has the same meaning as in Sections 3 100 of the Contractor's knowledge and belief; and and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or 3. The amount requested accurately reflects the contract the Regents of the University of California. (2) "Claim" means adjustment for which the Contractor believes the a separate demand by the contractor for (A) a time extension, Owner is liable. (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a 4. The certification shall contain d~efollowing statement: public work and payment of which is not otherwise expressly "I declare under penalty of pe jury under the laws of provided for or the claimant is not otherwise entitled to, or (C) the State of California that the foregoing is true and an amount the payment of which is disputed by the local correct." Said declaration shall be dated and signed by agency. (c) The provisions of this article or a summary thereof an authorized person. If the Contractor is not an shall be set forth in the plans or specifications for any work individual, the certification shall be executed by an which may give rise to a claim under this article. (d) This officer or general partner of the Contractor having article applies only to contracts entered into on or after January overall responsibility for the Contractor's affairs. 1, 1991.
5. If a false claim is submitted, it will be considered 20104.2. For any claim subject to this article, the following fraudulent and the Contractor may be subject to civil requirements apply: (a) The claim shall be in writing and claims or criminal prosecution. , include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Failure to provide the certification in accordance with the Nothing in this subdivision is intended to extend the time limit above requirements will result in the Contractor waiving or supersede notice requirements otherwise provided by any and all right to pursue the subject claim. contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond h. Claim Review and Determination: Upon receipt of the in writing to any written claim within 45 days of receipt of the Contractor's formal claim, including all arguments, claim, or may request, in writing, within 30 days of receipt of justification, cost or estimates, schedule analysis, and the claim, any additional documentation supporting the claim documentation supporting his position as outlined above, or relating to defenses to the claim the local agency may have the County Administrator or his designee will review the against the claimant. (2) If additional information is thereafter claim within thiiy (30) days from receipt thereof, and will required, it shall be requested and provided pursuant to this render a final determination (subject to Board of subdivision, upon mutual agreement of the local agency and the Supervisors' approval). If the Contractor disagrees with the claimant. (3) The local agency's written response to the claim, final determination of the Owner, he may file an action in as further documented, shall be submitted to the claimant Stanislaus County Municipal or Superior Court. It is within 15 days after receipt of the further documentation or expressly agreed that Stanislaus County shall be the forum within a period of time no greater than that taken by the for resolving any disputes concerning this contract. Claims claimant in producing the additional information, whichever is shall not be submitted to arbitration, unless the Owner and greater. (c) (1) For claims of over fifty thousand dollars Contractor mutually agree to submit the matter to ($50,000) and less than or equal to three hundred seventy-five arbitration. thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the i. Filing Protest or Claim Not Basis to Discontinue Work: claim, or may request, in writing, within 30 days of receipt of The Contractor shall promptly comply with the work the claim, any additional documentation supporting the claim required under the contract or work requested by the Owner or relating to defenses to the claim the local agency may have even though a protest or claim has been submitted to the against the claimant. (2) If additional information is thereafter Owner. required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the j. Public Contract Code Section 20104. The claim procedures claimant. (3) The local agency's written response to the claim, set forth in Public Contract Code Section 20104, apply to as further documented, shall be submitted to the claimant all public works claims of $375,000 or less which arise within 30 days after receipt of the further documentation, or between a contractor and a local agency. Public Contract within a period of time no greater than that taken by the Code Section 20104 is set forth in full below. claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant 20104. (a) (I) This article applies to all public works claims of disputes the local agency's written response, or the local agency three hundred seventy-five thousand dollars ($375,000) or less fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of payment of costs and fees under that chapter, pay the attorney's receipt of the local agency's response or within 15 days of the fees of the other party arising out of the trial de novo. (c) The local agency's failure to respond within the time prescribed, court may, upon request by any party, order any witnesses to respectively, and demand an informal conference to meet and participate in the mediation or arbitration process. confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference 20104.6. (a) No local agency shall fail to pay money as to any within 30 days for settlement of the dispute. (e) Following the portion of a claim which is undisputed except as othenuise meet and confer conference, if the claim or any portion remains provided in the contract. @) In any suit filed under Section in dispute, the claimant may file a claim as provided in Chapter 20104.4, the local agency shall pay interest at the legal rate on 1 (commencing with Section 900) and Chapter 2 (commencing any arbitration award orjudgment. The interest shall begin to with Section 910) of Part 3 of Division 3.6 of Title 1 of the accrue on the date the suit is filed in a court of law. 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 that claim is denied as a result of tile meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20104.4. 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 or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b) (I) If the matter remains in dispute, the case shall he 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, notwithstanding Section 1141.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 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) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall he paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different divis~on.In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to SUPPLEMENTAL GENERAL CONDITIONS
Clause 17 - ClarificationslRPI and Additional Instructions. c. Form: The Contractor shall submit all requests for clarification andlor additional infonnation in writing through the Construction Manager to the Architect using the request for information (RFI) form provided by the Construction Manager. d. Resvonse Time: The County, or its representative whose decision will be final and conclusive, shall resolve such questions and issue instructions to the Contractor within a reasonable amount of time, but no less than 14 calendar days. In some cases, this time may need to be lengthened or shortened for emergency situations as mutually agreed upon by all parties. Should the Contractor proceed with the work affected before receipt of a response from the Construction Manager within the response time described above, any portion of the work which is not done in accordance with the County's interpretation, clarifications, instructions, or decision is subject to removal or replacement and the Contractor shall be responsible for all losses. e. Reiections: RFI's will not be recognized or accepted if in the opinion of the Owner one of the following conditions exists:
(1) The Contractor submits a submittal as an RFI.
(2) The Contractor submits the RFI under the pretense of a contract documents discrepancy or omission without thoroughly reviewing the documents.
(3) The Contractor submits the RFI in a manner that suggest that specific portions of the contract documents are assumed to be excluded, or by taken as an isolated portion of the contract documents in part rather than whole.
(4) The Contractor submits an RFI in an untimely manner without proper coordination and scheduling of work or related trades. f. Subiect: Each RFI shall be limited to one subject.
Clause 21 - Schedules d. In lieu of a CPM (Critical Path Schedule) the Contractor may submit a schedule in the form of a bar chart.
Clause 25 - Conduct of Work: a. Contractor's Duties:
(1) Unless specifically noted otherwise, provide and pay for all of the following: 1) Labor, materials, and equipment
2) Tools, construction equipment, and machinery.
3) Transportation, inspection, and other facilities and service necessary for the proper completion of the design and construction of the work in accordance with the Contract.
4) Pay legally required sales, consumer, and use taxes.
Obtain licenses necessary for the proper execution and completion of the work.
Give required notices.
Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which govern the performance of the work.
Proinptly submit written notice to the Construction Manager of any observed variances of the Contract Documents from legal requirements.
Seek clarifications in accordance with RFI procedures.
Enforce strict discipline and good order among employees. Do not employ persons on the job who are unfit or unskilled in their assigned tasks.
Prepare schedule describing the Contractor's approach and methods of prosecuting the work in accordance with the construction and time constraints.
Submit a Schedule of Values, schedule, and Requests for Payment in accordance with the General Conditions, the Supplemental Conditions, and these specifications.
Revise and refine the schedule to reflect authorized changes as they occur.
Maintain appropriate accounting records (including separate accounts for changes).
Recommend necessary or desirable changes- in the work for the review of the Construction Manager. Review and negotiate subcontractors' requests for changes and submit recommendations to the Construction Manager.- Submit requests for substitutions in accordance with these specifications.
Consult with the Construction Manager and Architect to obtain interpretations of the Contract Documents. Assist in resolutions of questions and transmit written interpretations to concerned parties. (14) Attend project meetings.
(15) Be responsible for the quality of the work performed under the contract and fo~ the materials, equipment, and supplies to be incorporated in the work.
(16) Provide temporary facilities and controls. Contractor shall at all times maintain a clean, safe work environment. Contractor shall not impede public accessible areas and shall provide temporary barricades as necessary to separate work and public areas.
(17) Provide site security and safety.
(1 8) Maintain accurate project record and tum over to the County at termination of the work.
(19) Verify that the specified cleaning is done during the progress of the work and at the completion of the work.
(20) Submit maintenance manuals, operating data, warranties, bonds, etc., to the Construction Manager.
(21) Perform all other work described in the Contract Documents to complete the work.
The Contractor is reminded that construction will take place in an operating facility and stringent scheduling and execution of the work is essential. The Owner wishes to minimize disruption to the building occupants caused by this construction work. The Owner will work with the Contractor and the building occupants to make the site accessible to the Contractors work force for delivery of materials and removal of debris during non-public hours.
(23) Contractor shall ensure that all utilities remain available to the remainder of the building. The Contractor must make every effort to schedule delivery of materials and removal of construction debris between the hours of 7:00 am and 9:30 am to minimize disruption to the building. All operations shall be coordinated and approved by the Construction Manager no less than 48 hours in advance. The County may require the Contractor to do certain highly disruptive activities during hours when the building is closed. If the County requires the Contractor to work during non-standard working hours, the County will reimburse the Contractor for the direct premium cost of the work. b. Contractor's Use of the Premises:
1 The Contractor will have limited use of the premises for work, storage, and vehicular parking only as specifically approved by the Capital Projects. 2 If the areas on the premises are not sufficient, obtain and pay for the use of additional work, storage, and parking areas needed.
3 Use the premises for work and construction operations to allow for work by other contractors, utility companies, and the County.
4 Provide, locate, and protect control points. Provide, coordinate, and check dimensions and elevations as necessary for layout work. c. Protection of Existing Utilities:
1 Locate existing installations before proceeding with operations which may cause damage, maintain them in service where appropriate, and repair damage caused by the performance of the work, at no increase in the Contract Sum. The existing adjacent facilities must be kept in continuous operation without an interruption in utility service or access.
2 Additional utilities and portions of structures whose locations are unknown are suspected to exist. If such utilities are encountered, immediately notify the Construction Manager.
3 In addition to notification, if a structure or utility is damaged, take appropriate action as specified in the General Conditions.
4. All utilities will be uninterrupted throughout the life of the Project so that it may be maintained in continuous operation.
5 Provide temporary utilities if work necessarily disrupts utilities to existing facilities. d. Protective Measures:
1 The Contractor shall provide and maintain substantial and adequate protection as may be required to protect new and existing work and all items of equipment and furnishing for the duration of work.
2 The Contractor shall repair or make good any and all damage or loss helshe may cause to the building or other County property to the full satisfaction of the Construction Manager.
Clause 26 - Protection of Work & Property d. Cutting and Patchin~
1. The Contractor shall perform all cutting, fitting, or patching required to: 1) Make parts fit properly.
2) Uncover work to permit the installation of work.
3) Remove and replace work not conforming to requirements of Contract Documents.
4) Remove samples of installed work as may be required for testing.
5) Create flat substrate surfaces to receive the work of all trades, all manufac- tured items, such as light fixtures, receptacles, grilles, and other similar items.
6) The requirements of this section apply to all specification sections of the Contract Documents with regard to cutting and patching.
2. In addition to Contract requirements, upon the Construction Manager's written instructions the Contractor shall:
1) Uncover work to permit the Construction Manager's observation of covered work.
2) Remove samples of installed materials for testing.
3) Perform any other cutting and patching directed by the Construction Manager.
3. The Contractor shall not endanger any work by cutting or altering work or any part of it. e. Oualitv Assurance:
1. Design Criteria:
1) Patching shall achieve security, strength, and weather protection, and shall preserve continuity of existing fire ratings.
2) Patching shall successfully duplicate undisturbed adjacent finishes, colors, textures, and profiles. Where there is dispute as to whether duplication is successful or has been achieved, the judgment of the Construction Manager will be final. f. Submittal: 1 The Contractor shall submit written notice to the Construction Manager requesting permission to proceed with cutting before any cutting which affects structural safety of the Project.
2 Should conditions of work or schedule indicate change of materials or methods, the Contractor shall submit written recommendation to the Construction Manager, including:
1 Conditions indicating change.
2 Recommendations for alternative materials or methods.
3 Submittal as required for substitutions.
3 The Contractor shall submit two working day advance written notice to the Construction Manager designating the time the work will be uncovered. g. Materials:
(1) Materials shall be as specified in the applicable Sections of the Specifications (and as required to match existing construction). h. Insvection:
(1) Inspect existing conditions of work, including elements subject to movement or damage during cutting and patching, and excavating and backfilling.
(2) After uncovering work, inspect conditions affecting installation of new products.
I. Prevaration Prior to Cutting:
(1) Provide shoring, bracing, and support as required to maintain structural, aesthetic and other integrity.
(2) Provide protection for other portions of Project.
(3) Provide protection from elements. j. Performance:
(1) Fit and adjust products to permit the finished installation to comply with specified tolerances and finishes.
(2) Perform cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs and new work. (3) Perfonn cutting, associated structural reinforcing, and patching not required to be performed as part of the work of other Sections.
(4) Perform cutting, associated structural reinforcing, and patching to prevent damage to other work and to provide proper surfaces for the installation of materials, equipment, and repairs.
(5) Do not cut or alter structural members without prior approval of the Architect.
(6) Employ original installer or fabricator providing work under this Contract to perform cutting and patching for new:
a) Weather-exposed and moisture-resistant products.
b) Fireproofing.
c) Finished surfaces exposed to view.
(7) Adjust and fit products to provide a neat installation.
(8) Finish or refinish cut and patched surfaces to match adjacent finishes. Paint over complete surface plane, unless otherwise indicated. Over patched wall or ceiling surfaces, paint to nearest cutoff line for entire surface, such as intersection with adjacent wall or ceiling, beam pilasters, or to nearest opening frame, unless otherwise indicated. Painted surfaces shall not present a spotty, touched up appearance.
Clause 29 - Utilities:
a. The Owner will furnish and allow the Contractor to use the building electrical and water system for reasonable electrical and water service.
Clause 38 - Sanitary Facilities:
Contractor may not use on-site restroom facilities.
Clause 42 -Beneficial Occupancy:
c. Delete Clause 42, Beneficial Occupancy it its entirety. The building is occupied and will remain occupied throughout the contract.
Clause 48 'Warranties:
1. The 1 year warranty referenced in Clause 48 is a general warranty for all work. All equipment shall retain full manufacturer's warranties. March 17,2006 Fax: am:,525-4384
Stanlsleus County 7010 10th Street Ste.2300 Modesto. CA 95354 f2mXGsm &@ Bob Cerpenter l39hiL Courthouse Boller Replacsrnent Sublect; SCOPE OF WORK Gentleman: Champion Industrial Contractors. Inc. Is plsasad to provida a quote on the above referenced project. The following Is our scope ofwork: I. Temporary Boller lnstdlatlon A. Pmpare area to rocaivc and pipe tap,boiler. B. hguand pay for &livery and offloid boilrrr. C. Install 2-112" cupper bmfor heating watcr, X' copper linc for makeup water, 2" stool linc for natural p. D. Run temporary elccbical and controt wiring. E. County to rent temporary fcncc mund boiler, abato asbwtos F. No insulation on tunporsly piping.
fl. Montbly Rcotnl of Tempormy Boiler A. Manth to monthmtal Feginning Much 16,2006) 3. Per terms of Central Boiler & Industcia1 Sewice (attached)
m. hntlsh and Xagtnll TWONew 60 JIP Boilers A purchase two Kits Engineering Co. 2.5 Million Btdh input. 30 PPM LoNox hot water boilers (including factory start-up) B. Design new pipe loop to intnfdce wi& existing piping and pumps to form a new pricDary/secondxy systmwith tempering capability to allow mild hot wata temperature supply to thc building heating terminals. C. Rcmovo doorliouvcr including frame, rcplwc with new door and separate louver at completion ofjob. D, Provide crun~anddgging to move ncw boilers hoboiler room mtiry - plvmbq. SIw McI.~. RW6rndllo- Cmrh~d Mrnbl-I- MUlniJltin=- hxar Fping - Ai Condilion!ng - Gmml Co~rmcUi Exhlblt A - Scope of WorklQuotatjon Page 1 March 30,2006 z 03/17/2006 LO: 01 FAX 'too -1 CIC OFFICE C woUZ/UUJ
E, w&and install 6" and 4" steel pipe, valves and fittings for new hot Wtn system- F. F.sh 1" make-up water to both new boilen. G. Furnish and install ncw 2" steel gas piping to both new boilers. H. Furnish and install two pumps for new systm. I. Furnish and install new boiler broaching froanew boilm to tfie existing bteaohing, appro~atelythrct feat from thc wail where it exits the boiler room. 1. lk~i8haod iastall clcctrical work far new bailers and pew pumps. K. Ftunish and instal1 insulation for new piping (1-1/ZW fiberglass wl metal jacket) I,. Furnish and instdl ipsulatio~for new boiler bteoching. M. Balance new system. N. Furnish and htalt nnv contrPIs and uplgsdc existing contmh consisting oE i. New'%80'' dobat mtrol module ii. IOM Cotml Panel. iii. Onc 6" thrca-way modulating control valve iv, Two pump nurbnt scnsan v. New hot water trrmpsahrro sensors vi. T'mgtdg vii. &lays end Pladtrcnding upgrades 0. Rcmovb tmnporary boiler, piping and elcotricd.
. . Pricing for the abave three items is as follows:
1Tequruy Boiler Xnstsllstion A. Champion Indutdal costs: B. 15% t)vaboad &Profit C. Bond D. Total
11. Tcmporsry Boilat Kchtnt (Monthly) A. Champion Industrial costs: B. 15% Ov~hcad& &fit C. Bond I), TOW
WI. Fwtsh and instali (2) new boilers, piping and controls A. Boiler Cost B. Champion ladustrial costs C. IllsuMon costs D. Electrical costs E. Controls costs F. Test & Bafanco Q. 15% Omboad &Profit H. Bond I. Total
NOTES; - Additionel Insured Endorsement Form will be #CG 20 70 10 01.
"&,,& "&,,& - Plumbin, :~b,M~U. wvsndon .CWW~O,,Mrnaprmrnr - hilllmlJ~hz-Rtrcar Piplnr -Ab Condltlmfnfi -~~clC~crion ! I i i Exhibit A - Scope of Work/Quotation ! I Page 2 March 30,2006 , . p3/J7/2008 10:Ol FAX 208 524 8831 CIC OFF1 CE
- General Contractor shatl provlde electmnlc files (drawings 8 specifications) necessary to oamplete this stope crl work, at no additional cost to Champion Industrial wlthin ten (1 0) days of Motlca to Proceed, - This document shall become part of the original contract. - Equipment wananty begins at start-up of equipment.
PRICE IS VALID FOR 30 DAYS utcrusro~ . . 1, Premlum Time 7. Fees and Permits 2. Insurance-Waiver of Subrogation 8. Civil arewings Clause 9, Asbestos Abatament 3. Temporary Fadlltles 10. Mold coverage af any klnd 4. CuHlng, PatchIra,- Blocking- It. Colored metal or aluminum ~urring 12, Flre Protect!on 5. Conaete work or concrete cutting . . 8. Asphalt Removal & Replacement
This proposal Is conditioned on a mutually acceptable form of purchase order w contract document. lterns of Importance to us are: realistic peyment dauses whlch protect both partlas; Indemniflcetlan clauses which equitably ellocata Ask: scheduling dauqes whlch give us adequate Ume to perfom our work eflclentiy and safely. Sut,contactor doas not waive any pmvlsfons of CalMomia statutory or case law. If any provlslon of the contract wntradicb California law, the taw of !he slate of Callfornie.shail determlns the responsibility uf the parties.
Champion Industrial shall not be respondble for any demages caused by or resulting from the weatIan or presence of mold and the wntractcr andlor the owner walves any clalm against Chemplon Industrial for any mold-related Issues. It kr understood that any claims for damages resuftlng from mold may be made to the approprlata lnsuranca carrler(8) for resolution. However, In the event here is no1 such carder, or If coveraga for damages resulting from mold is denled for any reason, Champion lndustriar ContraGtoo shall be held herm!ess by the general antrector andfor the owner from any llablllty them from and shall not bs called upon for Indemnlflcatlonfor such damages. 1 Champion Industrial Contractors, Inc. has been certlfled as a Mlnorlty Bwlness Enterprise by : 1 the Northern California Supplier Development Coundl: (Cartiflcation NO.NAICS: 238220). Thls bid 1s furnished and Installed complete wlU1 sales tax Included and is to become a part of any I contract entered into by Chanlplon Industrial Contradon, Inc, for the ebove named proJect 1 11 Sjncerely, The foregoing is hereby accepted This -day of 2005 Signed (209)5246601 ex?. 212 Dnr ' I ! I MCIrnm
*gjll, *gjll, .~b. ~tbl-migmdm -Cwwnimt Mwmr .~iil+hllng .RwzPiping .Air hdirionlny- tcnenl ~onthuotim ; - i! j Exhibit A - Scope of WorMQuotation Paae 3 March 30.2006 P. 0.BOX 4399 1424 COWWEU AVENUE MODESTO, CAL1K)RffIA 953 1209) 52eBBOl FM(206) 5246931 CONTRACTOR'S LICENSE 81 74777
CHUAB\I'II)N INDUSTRIAL CONfRACTORS. INC
Stanlslaus County 1010 10th Street Ste.2300 Modesto, CA 95354
Ath: Bob Carpenter RE: Modesto Courthouse Boilers Project Subject; AOC Requirements & Recommendations
Gentlemen:
The following is in response to the list of requirements and recommendations by the AOC-OCCM dated 3/27/2006.
Required features: 1. ASME Boiler and Pressure Vessel Code and stamp: YES 2. UL approval of burners: YES 3 Calif Title 24 and Title 8 where applrcable; YES 4. CBC, seismic requlrernents: Anchorage and restraints are included, but no structural cafculations. 5 CAUOSHA. SJVAPCD requrremenls, permits: YES (by wunty) 6. Lo Nox burners. under 30 PPM in flue. high efficiency over 80%. YES. 81-8296 effrdency after tuning. Higher effic~encyboilers are available at a wnsiderable increase in cost as well as the need for an acid neutralizing system for the condensate and a sepafate (positive pressure) flue through the roof, 7. DDC controls, outdaor temp. reset, night set be& 8. A good rnaKe-up water treatment system and air removal system: make-up water treatment not applicable to hot water boilers. The closed Imp system will be chemically treated with a by-pass feeder. There is no provision for an air separator in the current price. Air will ha removed wifh automatic air vents. 9. One Inch thick or more rnsulatlon wifh jacketlng: YES f 0. Proper access; to all parts for future maintenance: YES
Recommended features: 1. Forced air multi-jet burner with speed control for proper airlfuel mixture: Not inciuded 2. Dual fuel burners (gas, oil): Not inciuded 3. Automatic cycling of boilers: Provided through DDC controls. 4. Energy Star rating: Does this apply to boilers of this size? 5. Trouble alarm to remote location: Provided through DDC controls. 6. Blow down heat recovery: Not applicable to hot water boilers. 7. Adequate warrantee: 25 year thermal shock and tube erosion, 1 year parts & labor.
Please call if you have any questions. Sincerely, Champion industrial Contractors. Inc.
Matt D.Christianson, PE Senior Engineer
' Exhibit B - AOC Requirements March 30,2006 Stanislaus Capital Projects 1010 10" Street. Suite 2100, Modesto, CA 95354 Phone: (209) 525-4380 FAX: (209) 525-4385 TRANSMITTAL
TO: Don Phemister Phemister Construction Management
SUBJECT: STANISLAUS COUNTY PROJECTS DATE: 3/24/2006
We are sending you X attached - under separate cover the following material:
- Shop Drawings - Change Order - Specifications
- Copy of Letter - Plans - Computer Printout
- Prints - Samples - Updates
COPIES DATE DESCRIPTION
1 312 1/06 Fully-executed Work Authorization No. 7 for the Emergency Replacement of the Boiler System in the Courthouse
REMARKS:
For your records
Note to Board: Approved by the Board on March 21,2006, Item B-15
COPIES: Patricia Hill Thomas (Original under Separate Cover) SIGNED: Liz King, Board (Original + Copy) Leticia Cervantes Jim Kwartz, Auditor (Original + Original Contract Coversheet for Purchasing) File X 2.1.1 (1151) File X 5.6.2.1 PHEMISTER CONSTRUCTION MANAGEMENT, INC.
WORK AUTHORIZATION NO. 7 FOR SPECIAL SERVICES EMERGENCY REPLACEMENT OF THE BOILER SYSTEM IN THE COURTHOUSE
1. This Work Authorization No. 7 is entered into effective March 21,2006. in accordance with the terms and conditions of the agreement between Phemister Construction Management, Inc., (PCM), and Stanislaus County dated December 20,2003 (Agreement).
2. Detailed Description of Scope of Special Services:
The Special Services shall be Construction Management Services as described in Exhibit A of the Master Agreement.- The Special Services shall be for construction management- services during the construction process. Construction Management Services authorized by this Work Authorization specifically exclude the following services:
1. Paragraph 2.1.10, Grant Applications 2. Paragraph 2.3.3, Value Analysis Studies 3. Paragraph 3.1.1, Prequalifying Bidders
3. Method of Compensation and Rates:
On-site Construction Manager Hourly Rate per the Agreement
4. Payment Terms: Per the Agreement.
5. Verification of Insurance: Per the Agreement.
6. Funding Source: Board Order of March 21,2006, Item B-15.
7. NOT TO EXCEED: $10,000.00.
Dated: March 21,2006
Stanislaus County Phemister Construction Management, Inc. Stanislaus Capital Projects 1010 10'" Street, Suite 2300, Modesto, CA 95354 Phone: (209) 525-4380 FAX: (209) 525-4385
TO: Don Phernister i?Tb ),PI? 1 1 A if: 18 Phemister Construction Management
SUBJECT: STANISLAUS COUNTY PROJECTS DATE: 4/11/2006
We are sending you X attached - under separate cover the following material:
- Shop Drawings - Change Order - Specifications
- Copy of Letter - Plans - Computer Printout
- Prints - Samples - Updates
Fully-executed Work Authorization No. 7 for the Emergency Replacement of the Boiler System in the Courthouse
REMARKS:
For your records.
Note to Board: Approved by the Board on March 21,2006, Item B-15
COPIES: Patricia Hill Thomas (Original) SIGNED: &&dl/ I?u& Liz King, Board (Original + Copy) Leticia Cewantes Jim Kwartz, Auditor (Copy + Original Contract Coversheet for Purchasing) File X 2.1.1 (1161) File X 5.6.2 PHEMISTER CONSTRUCTION MANAGEMENT, INC.
WORK AUTHORIZATION NO. 7 FOR SPECIAL SERVICES EMERGENCY REPLACEMENT OF THE BOILER SYSTEM IN THE COURTHOUSE
1. This Work Authorization No. 7 is entered into effective March 21,2006, in accordance with the terms and conditions of the agreement between Phemister Construction Management, Inc., (PCM), and Stanislaus County dated December 20,2003 (Agreement).
2. Detailed Description of Scope of Special Services:
The Special Services shall be Construction Management Services as described in Exhibit A of the Master Agreement. The Special Services shall be for construction management services during the construction process. Construction Management Services authorized by this Work Authorization specifically exclude the following services:
1. Paragraph 2.1.10, Grant Applications 2. Paragraph 2.3.3, Value Analysis Studies 3. Paragraph 3.1.1, Prequalifying Bidders
3. Method of Compensation and Rates:
On-site Construction Manager Hourly Rate per the Agreement
4. Payment Terms: Per the Agreement.
5. Verification of Insurance: Per the Agreement.
6. Funding Source: Board Order of March 21, 2006, Item B-15.
7. NOT TO EXCEED: $8,514.00.
Dated: March 21,2006 qilh&J&bu Stanislaus County Phemister Construction Management, Inc Stanislaus County Capital Projects 825 1~'~Sueet, Modesto, CA 95354 Phone: (209) 525-4380 Fax: (209) 525-4385
"" "r si.'"T'"!lc"'' , 7 ', Liir jut$^ TRANSMITTAL
,.?.,~ 1, -3 T'. -" TO: Les Cutchall L *La::',L t, ,, 1 kt ;I: 03 Cutchall Inspection Service
SUBJECT: STANISLAUS COUNTY PROJECTS DATE: 3/24/2006
We are sending you X attached - under separate cover the following material:
- Shop Drawings - Change Order - Spec~fications
- Copy of Letter - Plans - Computer Printout
- Prints - Samples - Updates
COPIES DATE DESCRIPTION
1 3/21/06 Full-executed Work Authorization No. 18 for the Emergency Replacement of the Boiler System in the Courthouse
REMARKS:
For your records.
Note to Board: Approved by the Board on March 21,2006, Item B-15.
Note to Auditor: Please process each work authorization on a separate purchase order. n A
COPIES: Patricia Hill Thomas (Original on Separate Cover) SIGNED Liz King, Board (Original + Copy) Leticia Cervantes Jim Kwartz, Auditor (Copy + Contract Cover Sheet & Original for Purchasing) File X 2.1.1 (1 150) File X 5.6.2.18 CUTCHALL INSPECTION SERVICE
WORK AUTHORIZATION NO. 18 FOR INSPECTION SERVICES EMERGENCY REPLACEMENT OF THE BOILER SYSTEM IN THE COURTHOUSE
1. This Work Authorization No. 18 is entered into effective March 21,2006, in accordance with the terms and conditions of the Agreement between Cutchall Inspection Service and Stanislaus County dated October 10, 2000, and Amendment No. 1 dated August 30,2002 (Agreement).
2. Description of Services: Provide Inspection Services for the Emergency Replacement of the Boiler System in the Courthouse.
3. Hourly rates shall be as follows:
Inspector of Record Inspector
4. Period of Performance: Current construction contract is from March 21,2006 through December 2006. The County reserves the right to modify this schedule as needed.
5. Total Contract Not to Exceed: $500.00.
6. Verification of Insurance: Per the Agreement.
7. Funding Source: Emergency Replacement of the Boiler System in the Courthouse (Fund 2025.0061302.64210).
8. Board of Supervisors Approval Date: March 21,2006, Item B-15.
Dated: March 21, 2006
Stanislaus County