Project Manual Boardroom Upgrade 1600 Franklin Street, 2nd Floor Oakland, CA 94612
AC Transit 2016-1366
March 11, 2016
AC Transit Oakland, CA
PROJECT TITLE PAGE 00 01 01 Page 1 of 1
Boardroom Upgrade
Contract No. 2016-1366
ALAMEDA-CONTRA COSTA TRANSIT (AC TRANSIT) BOARDROOM UPGRADE IFB NO. 2016-1366 DOCUMENT 00 01 10 TABLE OF CONTENTS Division
Section Title
Pages
INTRODUCTORY INFORMATION 00 01 01 00 01 10 00 01 15
PROJECT TITLE PAGE.......................................................................................2 TABLE OF CONTENTS .......................................................................................2 LIST OF DRAWING SHEETS ..............................................................................2
DIVISION 00 — BIDDING AND CONTRACTING REQUIREMENTS 00 11 13 00 21 13 00 30 00 00 31 19 00 40 00 00 41 13 00 50 00 00 60 00 00 72 00 00 73 00 00 73 16 00 73 39 00 73 43
NOTICE INVITING BIDS......................................................................................3 INSTRUCTIONS TO BIDDERS .........................................................................11 PRE-BID CONFERENCE ....................................................................................1 EXISTING CONDITION INFORMATION .............................................................1 BID FORMS ...................................................................................................16 BID FORM (STIPULATED SUM) .........................................................................1 CONTRACT .....................................................................................................2 CONTRACT BONDS ...........................................................................................6 GENERAL CONDITIONS ..................................................................................63 SUPPLEMENTAL GENERAL CONDITIONS .......................................................1 INSURANCE REQUIREMENTS ..........................................................................4 DBE REQUIREMENTS ........................................................................................1 PREVAILING WAGES .........................................................................................3
DIVISION 01- GENERAL REQUIREMENTS 01 10 00 01 22 00 01 25 00 01 31 00 01 32 00 01 33 00 01 40 00 01 50 00 01 60 00 01 73 00 01 77 00 01 78 23 01 78 39
AC Transit Oakland, CA
SUMMARY .....................................................................................................5 UNIT PRICES .....................................................................................................2 SUBSTITUTION PROCEDURES .........................................................................4 PROJECT MANAGEMENT AND COORDINATION ........................................... 10 CONSTRUCTION PROGRESS DOCUMENTATION ......................................... 10 SUBMITTAL PROCEDURES .............................................................................13 QUALITY REQUIREMENTS ..............................................................................10 TEMPORARY FACILITIES AND CONTROLS .....................................................7 PRODUCT REQUIREMENTS..............................................................................6 EXECUTION ....................................................................................................9 CLOSEOUT PROCEDURES ...............................................................................6 OPERATION AND MAINTENANCE DATA ..........................................................8 PROJECT RECORD DOCUMENTS ....................................................................6
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DIVISION 05 – METALS 05 52 13
ALUMINUM TUBE RAILINGS & GATES .............................................................8
DIVISION 06 - WOOD AND PLASTICS 06 10 00 06 40 23
ROUGH CARPENTRY ........................................................................................4 INTERIOR ARCHITECTURAL WOODWORK ....................................................14
DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 84 00
FIRESTOPPING ................................................................................................4
DIVISION 09 – FINISHES 09 21 16 09 22 00 09 65 13 09 68 00 09 72 16 09 84 00 09 90 00
GYPSUM BOARD ASSEMBLIES ........................................................................6 SUPPORTS FOR GYPSUM BOARD ...................................................................4 RESILIENT BASE AND ACCESSORIES ............................................................4 CARPETING .....................................................................................................8 VINYL-COATED FABRIC WALL COVERING .....................................................6 SOUND ABSORBING WALL SYSTEMS .............................................................4 PAINTING ...................................................................................................12
DIVISION 10 - SPECIALTIES 10 10 00 10 82 23
VISUAL DISPLAY BOARDS ................................................................................4 INTERIOR GRILLES AND SCREENS ................................................................4
DIVISION 22 – PLUMBING 22 33 00
ELECTRIC, DOMESTIC-WATER HEATERS .......................................................4
DIVISION 23 – HVAC 23 05 48 23 31 13 23 33 00 23 34 16
VIBRATION SEISMIC CONTROLS FOR HVAC ..................................................6 METAL DUCTS .................................................................................................10 AIR DUCT ACCESSORIES .................................................................................6 CENTRIFUGAL HVAC FANS ..............................................................................6
DIVISION 26 - ELECTRICAL 26 05 00 26 05 19 26 05 33 27 40 00
ELECTRICAL BASIC MATERIALS AND METHODS ........................................ 14 LOW – VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ........ 6 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ................................ 14 AUDIO VISUAL COMMUNICATIONS ................................................................95 END OF SECTION
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SECTION 00 01 15 LIST OF DRAWING SHEETS PART 1 - GENERAL 1.1
Drawings Sheets for the AC Transit Board Room Upgrade are as follows 1.
G0.1
COVER SHEET
2.
G0.2
GENERAL NOTES, SYMBOLS, AND ABBREVIATIONS
3.
A1.0
WORK AREA KEY PLAN
4.
A1.1
BOARD ROOM DEMOLITION PLAN
5.
A1.2
BOARD ROOM DEMOLITION REFLECTED CEILING PLAN
6.
A1.3
BOARD ROOM DEMOLITION INTERIOR ELEVATIONS
7.
A2.1
BOARDROOM FLOOR PLAN
8.
A2.2
BOARD ROOM REFLECTED CEILING PLAN
9.
A3.1
BOARD ROOM INTERIOR ELEVATIONS
10. A5.1
BOARD ROOM DETAILS
11. A5.2
BOARD ROOM DETAILS
12. A5.3
MONITOR DETAIL
13. A5.4
DETAILS
14. A5.5
DETAILS
15. A5.6
DETAILS –ADD ALT 2
16. M0.1
MECHANICAL TITLE SHEET
17. M1.1
MECHANICAL DEMOLITION
18. M2.1
MECHANICAL PLAN
19. M5.1
MECHANICAL DETAILS
20. E0.1
ELECTRICAL TITLE SHEET
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21. E1.1
ELECTRICAL DEMOLITION
22. E2.1
ELECTRICAL PLAN
23. E3.1
AUDIOVISUAL PLAN
24. E5.1
ELECTRICAL DETAILS
25. E5.2
ELECTRICAL DETAILS
PART 2 – PRODUCTS -- NOT USED
PART 3 – EXECUTION – NOT USED
END OF SECTION
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LIST OF DRAWING SHEETS Section 00 01 15 – Page 2 of 2
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Contract No. 2016-1366
SECTION 00 11 13 NOTICE INVITING BIDS
1.1 A.
PROJECT INFORMATION Notice to Bidders: Qualified bidders may submit bids for project as described in this Document. Submit bids according to the Instructions to Bidders. 1. In connection with performance of this contract, full compliance with all applicable safety and health standards and with all applicable laws and regulations concerning Equal Opportunity and Disadvantaged Business Enterprises (DBE) will be required. 2. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done, have been determined by the Director of the California Department of Industrial Relations. The prevailing wage rates may be reviewed at AC TRANSIT’s offices or obtained via the California Department of Industrial Relations (DIR) website. Pursuant to California Senate Bill 854, contractor registration with the State of California is required of contractors at all tiers in order to establish eligibility to perform any public works work on this project.
B.
Project Identification: AC Transit Boardroom Upgrade. 1. Project Location: 1600 Franklin Street, Oakland, CA 94612 2. IFB NO. 2016-1366
C.
District: Alameda-Contra Costa Transit District (here in called “AC Transit”) at 1600 Franklin Street, 8th Floor, Oakland, CA 94612. 1. District's Representative: Magnus Hienzsch
D.
Architect: STV Incorporated
E.
Project Description: Project consists of renovation of the AC Transit Board Room area including: upgrade to AV systems, electrical outlets, HVAC, water heater, finishes including carpet, acoustic panels and paint also fabrication of built in furnishings requiring wood stain finish to match existing, and metal gates.
F.
Construction Contract: Bids will be received for the following Work: 1. General Contract (all trades).
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1.2
Contract No. 2016-1366
BID SUBMITTAL AND OPENING A.
District will receive sealed lump sum bids until the bid time and date at the location given below. District will consider bids prepared in compliance with the Instructions to Bidders issued by District, and delivered as follows: 1. Bid Date: Tuesday, April 12, 2016 2. Bid Time: 10:00 a.m. local time. 3. Location: AC Transit Purchasing Office, 1600 Franklin Street, 8th Floor, Oakland, CA 94612 (Note that bids delivered to AC Transit offices may be left at the guard’s desk in the lobby.) 4. Attn: Jamell Woodard
B. Bids will be publicly opened and read aloud at the date and time cited above. 1.3
BID SECURITY A.
1.4
Bid security shall be submitted with each bid, in the form of a Certified or Cashier’s Check or Bidder’s Bond, in the amount of 10 percent of the bid amount. No bids may be withdrawn for a period of 90 days after opening of bids, except as permitted by applicable law. The Bid Guaranty will be retained by AC TRANSIT and applied to any and all damages sustained by AC TRANSIT in the event that the successful bidder fails or refuses to enter into the Contract awarded to it and to furnish all required bonds and Certificates of Insurance. PRE-BID CONFERENCE
A.
Pre-bid Conference: A Pre-bid conference for all bidders will be held at 1600 Franklin Street, Oakland, CA 94612 on Monday, March 28, 2016 at 10:30 a.m. local time. Prospective prime bidders are requested to attend. (not mandatory, but strongly recommended). Existing conditions to be confirmed by bidders prior to bid. 1. See Document 00 30 00 “Pre-bid Conference” for further information concerning the conference.
1.5
DOCUMENTS
A.
1.6
Online Procurement and Contracting Documents may be accessed on March 11, 2016 on the AC Transit website at www.actransit.org and can be downloaded at no cost online. TIME OF COMPLETION
A.
1.7
Successful bidder shall begin the Work on receipt of the Notice to Proceed and shall complete the Work within the Contract Time of seventy-five (75) Calendar Days from the Notice to Proceed. BIDDER'S QUALIFICATIONS
A.
Bidders must be properly licensed under the laws governing their respective trades and be able to obtain insurance and bonds required for the Work. 1.
AC Transit Oakland, CA
A Performance Bond, separate Labor and Material Payment Bond, and Insurance in NOTICE INVITING BIDS Section 00 11 13 – Page 2 of 3
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a form acceptable to District will be required of the successful Bidder. 2.
3.
Bidders bidding as the prime Contractor shall possess a valid California Contractor’s license B-1 or C-17 at the time of bid submittal and throughout the contract term. The contractor will also be required to ensure that all subcontractors working on this project are holding valid licenses suitable for their trade.
B.
The District has implemented an 8% Small Business Enterprise (SBE) utilization goal for this project. Only the use of certified SBE firms will be counted towards the attainment of the SBE goal. Bidders are required to show evidence of meeting the SBE goal via the List of Subcontractors Form found in Section 004000. In the event that a contractor’s bid lacks evidence of SBE goal attainment, good faith effort (GFE) documentation shall be required and submitted with the contractor’s bid showing, for example, outreach efforts, bid advertising, two-way communications with potential subcontractors, supporting documentation as to why agreements with SBEs could not be made, etc.
C.
AC TRANSIT hereby notifies all Bidders that it is the policy of AC TRANSIT to ensure non-discrimination on the basis of race, color, sex or national origin in the award and administration of contracts that it awards. It is the intention of AC TRANSIT to create a level playing field on which Disadvantaged Business Enterprises (DBEs) can compete fairly for contracts and subcontracts relating to AC TRANSIT’s construction, procurement and professional services activities. Bidders are urged to obtain DBE participation on this project; DBE participation is also counted towards attainment of this contract’s SBE goal of 8%. Bidders are encouraged to attend the pre-bid conference to better understand the applicable DBE requirements.
D.
AC TRANSIT intends to award the Contract to the lowest responsive, responsible Bidder based on the Base Bid Price. AC TRANSIT reserves the right to reject any and all bids and/or to waive any irregularities in any bid or in the bidding procedure. AC TRANSIT specifically reserves the right to not award the Contract after the opening of bids.
1.8
NOTIFICATION A.
This Notice Inviting Bids document is issued by Jamell Woodard. All questions prior to award of the contract shall be directed to the attention of Jamell Woodard via e-mail at
[email protected].
3.
The deadline for submission of questions and clarifications concerning the Contract Documents is April 1, 2016 at 4:00 p.m. END OF DOCUMENT
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SECTION 00 21 13 INSTRUCTIONS TO BIDDERS PART 1 – GENERAL 1.1 A.
1.2 A.
1.3
GENERAL Information contained in this section is supplemental to or in explanation of information in the NOTICE INVITING BIDS contained in Section 001113 of the Contract Documents. ARCHITECT/ENGINEER'S ESTIMATE If an Estimate of Quantities is given in the Contract Documents, the quantities are approximate only, being given as a basis for the comparison of bids. The District does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The District reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK
A.
The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of his obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. Conditions relating to the execution of work include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of work, including, but not limited to, applicable regulations concerning prevailing wage rates, nondiscrimination in the employment of labor, protection of the public and employee health and safety, and environmental protection.
B.
The submission of a Bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.
1.4 A.
1.5 A.
EXISTING INFORMATION See Section 003119 Existing Condition Information. The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents. EXPLANATIONS/CLARIFICATIONS Any explanation/clarification of the Contract Documents desired by a prospective bidder shall be requested in writing from the Contract Specialist so identified in Section 001113, NOTICE INVITING BIDS, and delivered to the Contracts Specialist no later than 4:00 p.m., April 1, 2016
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via email to
[email protected]. Any change to the Contract Documents will be made by written Addendum that will be posted to the AC Transit Website at www.actransit.org and will become a part of the Contract Documents and binding on all bidders. The receipt of the addendum by the bidder shall be acknowledged and so noted in the space provided on the Bid Form. Only written explanations/clarifications, instructions or changes so given by the District will be effective. Oral explanations or instructions will not be binding on the District. B.
1.6
AC TRANSIT's reply to requests for explanations/clarifications received pursuant to the above instructions will be issued by April 5, 2016. REQUEST FOR ALTERNATIVES/APPROVED EQUALS REQUESTS
A.
It is understood that specifying a brand name or specific types of components and/or equipment in these Contract Documents shall not relieve the bidder from its responsibility to furnish the end product in accordance with the warranty and contractual requirements. The bidder is responsible for notifying the District of any inappropriate brand names, or types of components and/or equipment that may be called for in these Contract Documents, and to propose a suitable substitute for consideration. If the phrase "or approved equal" is inadvertently omitted, it is implied after any brand name.
B.
Unless otherwise specifically provided in the Contract Documents, reference to any equipment, material, article or patented process by trade name, make, or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition; and a bidder may, at its option, use any equipment, material, article, or process which, in the judgment of the District, is equal to that designated. To do so a bidder shall furnish, at its own expense, all test results, technical data, and background information required by the District in making the determination as to whether the proposed equipment, material or article or process, in the judgment of the District, is equal to that designated.
C.
The District shall be the sole judge as to the comparative quality and suitability of alternative equipment, articles, material or process, and its decision shall be final.
D.
Prospective bidders may discuss these Contract Documents with the District's Contract Specialist as noted in Section 001113, NOTICE INVITING BIDS. This, however, will not relieve bidders from the procedure of submitting written documented requests required as follows:
E.
Requests for Approved Equals will not be accepted prior to bid for this project.
PART 2 - BID REQUIREMENTS 2.1 A.
BID FORMS Bids shall be tendered as described herein and on the forms provided in Section 004000, BID FORMS, and Section 004113, BID FORM (Stipulated Sum) of the Contract Documents.
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B.
All blank spaces in the BID FORMS must be completed, as required, in ink, preferably black. All price information shall be shown, clearly legible, in figures, where required. No changes shall be made in the Bid Forms.
C.
The bidder shall sign their bid in the blank space provided therefor. If bidder is the sole owner, the bid shall be signed by the owner. If bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Bid shall be signed by at least two officers authorized to sign contracts on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the bid shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the bidder is a joint venture, the Bid shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Bid is signed by an agent of the bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the District prior to opening of bids or must be submitted with the bid. If requested by the District, the bidder shall promptly submit evidence satisfactory to the District of the authority of the person signing the Bid.
D.
Note that the successful bidder will prepare a Schedule of Values based on the Bid Prices that will provide additional detail which will be used in conjunction with payment.
2.2
SUBMISSION OF BIDS
A.
Bids must be submitted at the prescribed time and location specified in Section 001113, NOTICE INVITING BIDS. Any submission received after the prescribed time shall be rejected, regardless of whether or not bids are opened exactly at the prescribed time.
B.
Any unauthorized conditions or qualifications entered on, or changes made to, the Bid Documents may render it informal and may cause its rejection.
C.
Alterations by erasure or interlineation must be expressly explained or noted in the Bid Forms over the signature of the Bidder.
D.
No telegraphic, telephonic, or facsimile (fax) or other electronically transmitted bids will be considered.
2.3 A.
BID GUARANTY Each bidder shall furnish and submit with its Bid one of the following forms of bidder's security, in an amount equal to ten percent (10%) of the Grand Total Bid Price: a) Unconditional certified or cashier's check from a solvent bank payable to the order of AC Transit; b) A bidder's bond using the form entitled "Bidder's Bond," provided with the bid documents, which is properly executed by the bidder and the surety and is accompanied by corporate surety's power of attorney. The surety's signature shall be notarized and the surety shall be authorized to transact such business in the State of California and be acceptable to AC TRANSIT. Any condition or limitation placed upon said check or any alteration of the form of said bond, or imperfection in the execution
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thereof, will render it informal and may, at the option of the District, result in the rejection of the Bid. B.
The bidder's security shall be given as a guaranty that the bidder will not withdraw his Bid for ninety (90) calendar days after bid opening, and if awarded the Contract, will execute the required Contract and bonds within ten (10) days after such Contract has been awarded to it or such additional time as may be allowed by AC TRANSIT. If the bidder fails or refuses to execute the required Contract and bonds, and provide the required insurance certificates within that time, the money and proceeds from the bidder's security shall be applied towards payment of the damage to AC TRANSIT on account of the delay in the execution of the Contract and bonds and the performance of the work thereunder and the necessity of accepting a higher less desirable bid resulting from such failure or refusal to execute the Contract and bonds, and provide the required insurance certificates as required. The bidder's security shall remain in full force and effect until a written contract is executed and all the required bonds are executed. The amount of the bidder's security shall not constitute a limitation upon the right of AC TRANSIT to recover for the full amount of such damage.
C.
Within 30 calendar days after the award of the Contract, the District will return the Bid guaranties to all bidders, except the bidder being considered for award. Retained Bid guaranties will be held until ninety (90) days after opening of Bids or until the Contract has been finally executed, whichever occurs first, after which all Bid guaranties, other than bidder's security amounts that have been forfeited, will be returned.
2.4 A.
2.5
DESIGNATION OF SUBCONTRACTORS In accordance with the provisions of Section 004113, inclusive, of the Public Contract Code of the State of California, the bidder shall designate on the form provided in Section 004000 of the Contract Documents, each subcontractor who will perform work, supply materials, or render services for the bidder under this Contract in excess of one-half of one percent (0.5%) of the total bid submitted. The bidder shall list the portion of the work that will be done by each subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself. NON-COLLUSION DECLARATION
A.
By submitting a bid, the bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the bidder has not, directly or indirectly, induced or solicited any other bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the bidder has not in any manner sought collusion to secure the bidder an advantage over any other bidder.
B.
All Bids shall be accompanied by an executed Non-Collusion Declaration in the form required by Public Contract Code Section 7106 provided with the bid documents in Section 004000.
2.6
DISQUALIFICATION QUESTIONNAIRE
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A.
Bidders shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether such prospective bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, has ever been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or a safety regulation, and if so, to explain the circumstances.
B.
A Bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local project because of a violation of law or a safety regulation.
C.
All Bids shall be accompanied by an executed Disqualification Questionnaire as required by Public Contract Code Section 10162, on the form provided in the Bid Forms.
2.7 A.
2.8 A.
2.9 A.
RESPONSIBILITY OF BIDDERS As a prerequisite to an award of Contract, the District will determine whether the low bidder meets the definition of a "responsible bidder" as set forth in Public Contract Code Section 1103: "a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract." In making this determination, the District may consider any information about the bidder, including information submitted with the Bidder's Statement of Qualifications (included with the Bid Forms). WITHDRAWAL OF BID A Bidder may withdraw a Bid without prejudice, provided a written request is in the hands of the District not later than the time set for opening bids. The Bid will be set aside prior to the opening of bids and returned to the Bidder unopened. Withdrawal of a Bid does not prejudice the right of a bidder to submit a new Bid as long as it is received on or before the due date and time specified in Section 001113, NOTICE INVITING BIDS. No Bidder may withdraw its bid for a period of ninety (90) days after the date of opening of the bids. PUBLIC OPENING OF BIDS Bids will be opened and read aloud publicly at the date, time and place designated in Section 001113, NOTICE INVITING BIDS. All bidders and their authorized representatives are invited to be present.
PART 3 - EVALUATION OF BIDS 3.1 A.
BID EVALUATION PROCESS Bids received shall be evaluated to determine the apparent low bidder. The apparent low bidder will be determined on the basis of the Base Bid Price, as shown in Section 004113, Bid Form.
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B.
3.2
Contract No. 2016-1366
In case of a discrepancy between lump sum or unit prices and the Base Bid Price, unit prices shall prevail. Any mathematical errors that appear on the face of the bid will be corrected by the District and the District will use the mathematically corrected addition. REJECTION OF BIDS
A.
Bids may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the bids incomplete, indefinite or ambiguous; no acceptable bid security: or if the bid is not properly executed.
B.
AC TRANSIT reserves the right to reject any and all bids or to waive any irregularities and informalities in any bids or in the bid procedure.
3.3
DISQUALIFICATION OF BIDDERS
A.
A Bid may be disqualified on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.
B.
More than one Bid from an individual, firm, partnership, corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Bidder for the work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation or combination thereof is interested.
3.4 A.
RELIEF OF BIDDERS Attention is directed to Public Contract Code sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in the bid presented, the bidder shall give the District written notice within five (5) working days after the opening of the bid of the alleged mistake, specifying in the notice details of how the mistake occurred.
PART 4 - AWARD AND EXECUTION OF THE CONTRACT 4.1 A.
4.2
AWARD OF CONTRACT The District reserves the right to reject any and all Bids and to waive any informalities and irregularities in the Bids received, other provisions in the Contract Documents notwithstanding. TIME OF AWARD
A.
The District shall make its best efforts to maintain the Time of Award schedule stated herein. However, failure to do so will not affect the District's rights under this section.
B.
Within sixty (60) days after the opening of Bids, the District will use best efforts to reject all Bids or award the Contract to the lowest responsible, responsive bidder. If the lowest responsible,
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responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the District may award the Contract to the second lowest responsible, responsive bidder. District will use best efforts to make such award, if made, within ninety (90) days after the opening of Bids. If the second lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond, and insurance certificate(s), the District may award the Contract to the third lowest responsible, responsive bidder. The District reserves the right to adjust the periods of time specified above within which an award of Contract may be made and if the ninety (90) day period for award is insufficient, said period shall be subject to extension for such further period as may be agreed upon in writing by the District and the bidder or bidders concerned. 4.3
EXECUTION OF CONTRACT
A.
The successful bidder shall, within fifteen (15) calendar days after having received notice that the Contract has been awarded, sign and deliver to the District a Contract in the form hereto attached together with the Contract Bonds and insurance certificates as required in the Contract Documents. After receiving the signed Contract with acceptable bonds and insurance certificates from the successful bidder, the District will sign the Contract.
B.
If the Contractor is an individual, the Contract shall be executed personally by the Contractor. If the Contractor is a partnership, it is desirable that the Contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief finance officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Agreement, provided evidence satisfactory to the District is provided indicating the individual's authority to bind the corporation. If the corporate seal is not affixed to the Contract, or if it is executed by a person other than an officer, or only by one officer, there must be attached to the Contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is a joint venture, the Contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so.
4.4 A.
4.5 A.
FAILURE TO EXECUTE CONTRACT Failure of a bidder to whom the Contract is awarded to promptly and properly execute the Contract or furnish acceptable Contract bonds, or certificates of insurance, shall be just cause for the annulment of the award and the forfeiture of such bidder's Bid Guaranty. NOTICE TO PROCEED After execution of the Contract and submission of Contractor's performance and payment bonds and certificate of insurance, District will issue the Notice to Proceed indicating that the Work may commence on the date indicated. The Notice to Proceed will also identify Owner's Designated
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INSTRUCTIONS TO BIDDERS Section 00 21 13 – Page 7 of 8
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Representative ("ODR") for the project. Notice to Proceed will be issued within 120 days of Notice to Award, or any longer period agreed upon between District and Contractor. 4.5 A.
RELEASE OF INFORMATION Awardee must receive prior permission from the District before releasing any reports, information or promotional materials prepared in connection with this IFB and subsequent contract award. The awardee shall provide a copy or copies to the District Project Manager for first review.
PART 5 - BID PROTEST PROCEDURES 5.1
BID PROTEST PROCEDURES Copies of the District’s Procurement Protest Procedures can be obtained online at http://www.actransit.org/about-us/board-of-directors/board-policies/ or by written request to the District’s Contracts Specialist, Jamell Woodard, at
[email protected]. FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS SET FORTH IN THE DISTRICT’S PROCUREMENT PROTEST PROCEDURES MAY RESULT IN REJECTION OF THE PROTEST
END OF DOCUMENT 00 21 13
AC Transit Oakland, CA
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SECTION 00 30 00 PRE-BID CONFERENCE PART 1 - GENERAL 1.1 A.
1.2
BACKGROUND The purpose of the Pre-bid conference is to familiarize all Bidders with AC TRANSIT's property and the work site, and to discuss AC TRANSIT safety and other requirements. Attendance at the Pre-bid conference is strongly recommended but not mandatory. LOCATION AND TIME OF PRE-BID CONFERENCE
A.
Pre-bid conference will be held prior to the date of bid opening. The conference will take place on March 28, 2016, 10:30 a.m., at the AC Transit's General Office located at 1600 Franklin Street, 2nd Floor Board Room, Oakland, CA 94612.
B.
Agenda: Pre-bid conference agenda will include review of topics that may affect proper preparation and submittal of bids, including the following: a) b) c) d) e)
C.
Procurement and Contracting Requirements Communication during Bidding Period Contracting Requirements Construction Documents Site/facility visit or walkthrough
Bidder Questions: Submit written questions to be addressed at the Pre-bid conference a minimum two (2) business days prior to the conference.
END OF DOCUMENT 003000
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SECTION 00 31 19 EXISTING CONDITION INFORMATION b.
1.
EXISTING CONDITION INFORMATION 1)
This Document with its referenced attachments is part of the Procurement and Contracting Requirements for Project. They provide Owner's information for Bidders' convenience and are intended to supplement rather than serve in lieu of the Bidders' own investigations. They are made available for Bidders' convenience and information, but are not a warranty of existing conditions. This Document and its attachments are not part of the Contract Documents.
2)
Existing drawings that include information on existing conditions including previous construction at Project site are available for viewing on Project Web site at www.actransit.org.
3)
Related Requirements:
Section 002113 "Instructions to Bidders" for the Bidder's responsibilities for examination of Project site and existing conditions. END OF DOCUMENT
AC Transit Oakland, CA
EXISTING CONDITION INFORMATION Section 00 31 19 – Page 1 of 1
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SECTION 00 40 00 BID FORMS PART 1 1.1.
GENERAL INSTRUCTIONS TO BIDDERS
A. Bid Forms shall be completed in accordance with the directions herein and the directions indicated in Section 001113 Notice Inviting Bids: Section 002113 Instructions to Bidders; and Section 004113 Bid Form, of the Contract Documents. 1.2.
BID FORMS A. Due on or before the date of Bid Opening 1. Each of the following Bid Forms must be completed as part of each Bidder's bid and shall be submitted before the specified time and date of the Bid Opening as identified in Section 001113, "Notice Inviting Bids-, of the Contract Documents. a. Bid Letter (including acknowledgement of receipt of Addenda) 2. 3. 4. 5. 6. 7. 8. 9. 10.
AC Transit Oakland, CA
List of Subcontractors Prime Contractor and Subcontractor/Subconsultant/Supplier Report (for DBE purposes) Equal Opportunity Certification Disqualification Questionnaire Acknowledgement of Insurance Requirements Bidder's Guaranty: Bidder's Bond Bidder's Statement of Qualifications and Business References Annual Gross Receipts - The firm's gross annual receipts for the most recent three (3) years. Non-Collusion Certification
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BID LETTER TO THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT BOARDROOM UPGRADE CONTRACT NO. 2016-1366 Pursuant to the Notice Inviting Bids, the undersigned bidder herewith submits a bid on the Bid Forms attached hereto and made a part hereof, and binds itself on award by the under this bid to execute a Contract in accordance with its bid and the Contract Documents. The Notice Inviting Bids, Instructions to Bidders, General Requirements, Technical Specifications, Appendices, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranties required thereby are hereby affirmed. This offer shall be irrevocable for a period of ninety (90) days after the date on which bids are opened. The undersigned bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Bid Forms, other than that requested, may render the bid non-responsive. The undersigned, as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm or corporation and in submitting this bid, that it has carefully examined the location of the proposed work, the attached proposed form of contract, and the plans, specifications and the other Contract Documents (collectively the Contract Documents); and agrees if this bid is accepted, that it will contract with AC TRANSIT, on the form of contract included with these specifications, to provide all necessary labor, materials, equipment, machinery, apparatus and other means of construction, and to do all the work specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements of the District's Designated Representative as therein set forth, and that it will accept all full payment therefore based on the item prices set forth in its Bid Prices. The prices included within the Bid Prices include all costs for labor, materials, tools, equipment, services, subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit and all other costs necessary to perform the work in accordance with the Contract Documents. The undersigned bidder acknowledges receipt, understanding. and full consideration of the following addenda to the Contract Documents: Name of Bidder: Business Address:
Phone:
Fax:
Contractor’s License No. License Expiration Date:
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Classification Type: If SOLE OWNER, sign here: I sign as sole owner of the business named above:
If PARTNERSHIP, one or more partners sign here: The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
If CORPORATION, execute here: Corporate Name: Incorporated under the laws of the Sate of The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
By Signature of Authorized Official*
Signature of Authorized Official*
Title
Title
Typewritten or Printed Name
Typewritten or Printed Name
If JOINT VENTURE, execute here: Joint Venture name composed of: The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
By Signature of Authorized Official*
Signature of Authorized Official*
Title
Title
Typewritten or Printed Name
Typewritten or Printed Name
AC Transit Oakland, CA
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*If bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to AC TRANSIT is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation's board or a copy of the corporation's bylaws)
END OF BID LETTER
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LIST OF SUBCONTRACTORS
The Bidder is required to furnish the following information in accordance with the provisions of Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California. This list and information shall include all subcontractors that will perform work, provide labor or render services to the Bidder in connection with the project in an amount in excess of one-half of one percent of the total amount of Bidder's Grand Total Bid Price.
Do not list alternative subcontractors for the same work. Use additional sheets if necessary. PORTION OF WORK
Check if Applicable
1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
END LIST OF SUBCONTRACTORS
AC Transit Oakland, CA
BID FORMS Section 00 40 00 – Page 5 of 16
% of Work
LOCATION OF/ PLACE OF BUSINESS
SBE
LICENSE NUMBER
DBE
NAME OF SUBCONTRACTOR
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Prime Contractor and Subcontractor/Subconsultant/Supplier Report Subcontractor/Subconsultant/Supplier Contractor's Firm Name/Address/Contact License No. Information (if applicable) Name: Address:
Portion of Work or Type of Materials/Supplies
Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax:
AC Transit Oakland, CA
BID FORMS Section 00 40 00 – Page 6 of 16
Dollar Amount Bid/Quote of Work/ Accepted Materials/Supplies Yes*/No
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Prime Contractor and Subcontractor/Subconsultant/Supplier Report (Continued) Subcontractor/Subconsultant/Supplier Contractor's Portion of Work or Firm Name/Address/Contact License No. Type of Materials/Supplies Information (if applicable) Name: Address:
Dollar Amount Bid/Quote of Work/ Accepted Materials/Supplies Yes*/No
Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Name: Address: Contact Person: Phone & Fax: Attach additional sheets as necessary.
The undersigned will enter into a formal agreement with the subcontractor(s), subconsultant(s) and/or supplier(s) whose bid/quote was accepted conditioned upon execution of a contract with AC TRANSIT. I certify under penalty of perjury that the information included on this form is accurate and true.
Signature of Contractor or Authorized Representative
AC Transit Oakland, CA
Title
BID FORMS Section 00 40 00 – Page 7 of 16
Date
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EQUAL OPPORTUNITY CERTIFICATION The bidder,
hereby certifies that it has /has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Note:
the above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts that are subject to the equal opportunity clause. Contracts and subcontracts exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Proposed prime contractors and subcontracts who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
The bidder's execution on the signature portion of this Bid shall also constitute an endorsement and execution of those certifications that are a part of this Bid.
END OF EQUAL OPPORTUNITY CERTIFICATION
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DISQUALIFICATION QUESTIONNAIRE The Bidder shall complete, under penalty of perjury, the following questionnaire: Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes
No
If the answer is yes, explain the circumstances in the following space.
NAME OF BIDDER:
NOTE: This questionnaire constitutes a part of the Bid, and signature on the portion of this Bid shall constitute signature on this questionnaire.
END OF DISQUALIFICATION QUESTIONNAIRE
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ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS Included in the Bid Price is full compensation for the requirements set forth in Section 007316, INSURANCE REQUIREMENTS of the Contract Documents, including: a)
Workers' Compensation (per statutory requirement). Workers' Compensation limits as required by State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Policy shall include a waiver of subrogation.
b)
Employer's Liability coverage. One Million Dollars ($1,000,000) per accident; and One Million Dollars ($1,000,000) each employee by occupational disease.
c)
Commercial General Liability coverage (including but not limited to premises and operations; contractual liability; personal and advertising injury; explosion, collapse, and underground coverage; products and completed operations, and; broad form property damage) of not less than: One Million Dollars ($1,000,000) combined single limit per occurrence or claim; and One Million Dollars ($1,000,000) general aggregate. Policy shall include a Waiver of Subrogation and Additional Insured endorsement. Policy will also contain either a Cross Liability endorsement or Severability of Interests Clause.
d)
Business Automobile Liability Insurance coverage of not less than: One Million Dollars ($1,000,000) combined single limit occurrence. Policy shall include a Waiver of Subrogation and Additional Insured endorsement.
e)
Builder's Risk/ "All-Risk" insurance policy covering the full value of the work set forth in invitation for Bid.
Signature of Bidder/Title
Date
END OF ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
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BIDDER'S BOND KNOW ALL PERSONS BY THESE PRESENTS: That as Principal, and as Surety, are held and firmly bound unto the Alameda-Contra Costa Transit District, hereinafter called AC TRANSIT, in the sum of ($) being at least ten percent (10%) of the total amount of the bid, for the payment of which sum in lawful money of the United States of America to AC TRANSIT we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of the above obligation is such that, whereas the Principal has submitted said bid to AC TRANSIT; NOW, THEREFORE, if the principal is awarded a Contract by AC TRANSIT and, within the time and in the manner required by the Specifications, enters into a written Contract with AC TRANSIT and furnishes the requisite bond or bonds and insurance certificates, then this obligation shall become null and void, otherwise to remain in full force and effect. In the event suit is brought upon this bond by AC TRANSIT and judgment is recovered, the Surety shall pay all costs incurred by AC TRANSIT in such suit, including a reasonable attorneys fee to be fixed by the Court.
Dated
20
TO BE CONSIDERED COMPLETE, BOTH THE PRINCIPAL AND SURETY MUST SIGN THIS BIDDER'S BOND. IN ADDITION, THE SURETY'S SIGNATURE MUST BE NOTARIZED AND A COPY OF THE SURETY'S POWER OF ATTORNEY MUST BE ATTACHED.
Principal By:
Surety By:
Address of Surety
END OF BIDDERS BOND
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BIDDER'S STATEMENT OF QUALIFICATIONS AND BUSINESS REFERENCES Name Bidder Address of Principal Office Are you an individual
a partnership
a corporation (Check as applicable)
or a joint venture
?
If a partnership, list names and addresses of partners; if a corporation, list names of officers and directors and State of incorporation; if a joint venture, list names and addresses of venturers and if any venturer is a corporation, partnership or joint venture, list the same information for each such corporation, partnership and joint venture.
1.
Are you licensed as a Contractor to do business in California? License No.
Classification
For the following questions, if a joint venture, give information for each of the venturers, by name. Attach additional sheets if necessary. 2.
3.
4.
How many years has your organization been in business as a Contractor under your present business name:
How many years of experience has your organization had in construction work similar to the work you are interested in bidding? (a)
As a general contractor?
(b)
As a subcontractor?
Average Annual Gross Receipts Spanning Most Recent 3 Years (check one): Less than $500,000
5.
$500,000-$1,000,000,000
Greater Than $1,000,000
Show all the projects your organization has completed during at least the last five years in the following tabulation: If your organization has been in existence for less than five years, show all the projects your key personnel have completed during the last five years in the following tabulation.
AC Transit Oakland, CA
BID FORMS Section 00 40 00 – Page 12 of 16
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(For joint venture work show the sponsoring individual or company). Attach additional sheets if necessary. Year
Type of Work
Value of Work
Location
For Whom
6.
Have you or your organization, or any officer or partner thereof, failed to complete a contract? If so, give details. Attach additional sheets if necessary.
7.
In what other lines of business are you financially interested? Attach additional sheets if necessary.
8.
Name the persons with whom you have been associated in business as partners or business associates in each of the last five years. Attach additional sheets if necessary.
9.
Give information below about the relevant experience of the principal individuals of your present organization including those individuals to be in responsible charge of this project. Attach additional sheets if necessary.
Individual's Name
10.
Present Position of Office
Years of Construction Experience
Magnitude and Type of Work
In What Capacity
Give information below about all your contract work underway, or for which you are committed. Attach additional sheets if necessary.
Type of Work
AC Transit Oakland, CA
Location
Value
Percent Complete
Scheduled Completion Date
BID FORMS Section 00 40 00 – Page 13 of 16
For Whom Performed
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11.
References: Give only engineers, architects, or owners, including public bodies, for whom you have done work: Attach additional sheets if necessary.
Name
12.
Contract No. 2016-1366
Address
Business
References: The following bank or banks can provide references as to the financial responsibility of the Bidder: Attach additional sheets if necessary.
(a)
Name of Bank: Address: City and State
Telephone
Officer Familiar with Bidder's Account:
(b)
Name of Bank: Address: City and State
Telephone
Officer Familiar with Bidder's Account:
(c)
Name of Bank: Address: City and State
Telephone
Officer Familiar with Bidder's Account:
13.
References: The following surety company or companies can provide references as to the financial responsibility and general reliability of the Bidder: Attach additional sheets if necessary. (a)
Name of Surety Company: Name of Local Agent (if different) Local Address: Street
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BID FORMS Section 00 40 00 – Page 14 of 16
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City and State
Telephone
Person Familiar with Bidder's Account:
(b)
Name of Surety Company: Name of Local Agent (if different) Local Address: Street City and State
Telephone
Person Familiar with Bidder's Account:
14.
Is any litigation pending against your organization?
If so, give details. Attach additional sheets if necessary.
The undersigned bidder represents and warrants that the foregoing information is true and accurate to the best of his knowledge and the undersigned intends that AC TRANSIT rely thereof in awarding the attached contract.
Signature of Bidder
Title
Dated:
20
END OF BIDDER'S STATEMENT OF QUALIFICATIONS AND BUSINESS REFERENCES
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (In accordance with 23 U.S.C. § 112 and Cal. Pub. Con. Code § 7106) State of
) ) ss. )
County of
being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
By Subscribed and sworn to before me, a Notary Public in and for the State of California, County of this 20
Signature of Notary Public My commission expires
day
(Seal) 20
END OF NONCOLLUSION AFFIDAVIT
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SECTION 00 41 13 BID FORM – STIPULATED SUM (SINGLE-PRIME CONTRACT) BID FORM ITEM 1.
DESCRIPTION BASE BID PRICE: Work for Board Room Upgrade Project (Bid price must be inclusive of all costs)
QTY LOT
2. 2.1
UNIT PRICES Unit Price Each: Remove and replace carpet flooring.
SF
2.2
Unit Price Each: Remove and replace resilient base.
LF
2.3
Unit Price Each: Prepare wall and apply paint.
SF
3. 3.1
ADDITIVE ALTERNATES Add Alt 1: Work in adjacent spaces at meeting room and office area.
LOT
3.2
Add Alt 2: Aluminum Gates
LOT
TOTAL PRICE
UNIT PRICE
TOTAL PRICE
Prices shall reflect all costs for the construction project, including bonds, permits, insurance, freight, disposal and recycle fees. CONTRACTOR NAME TITLE DATE ADDENDA NOs. (if none, so state:
NOTE: This contract will be awarded on the basis of the Base Bid Price.
END OF BID FORM DOCUMENT 00 41 13
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SECTION 00 50 00 CONTRACT CONTRACT OFFER AND ACCEPTANCE FORM Invitation for Bid Offer and Acceptance Alameda-Contra Costa Transit District 1600 Franklin Street, Purchasing Dept. IFB No.: 2016-1366 Oakland, CA 94612 Director of Procurement and Materials: Jon Medwin OFFER To the Alameda-Contra Costa Transit District (AC Transit): The undersigned hereby agrees to furnish the material, service, or construction in compliance with all terms, conditions, specifications, and addenda in the above referenced solicitation. The Contractor shall begin construction in April 2016 and shall complete all work under the Contract Documents within 75 calendar days of the effective date of the Notice to Proceed. The CONTRACTOR shall begin work as of the effective date of the Notice to Proceed, and shall diligently prosecute all of the work under this Contract in all parts and requirements as defined in the Contract Documents. California Transaction (Sales) Privilege Tax License Number
For Clarification of this Offer, contact: Name: Phone:
Federal Employer Identification
Fax:
______ _______
Number
Company Name
Signature of Person Authorized to Sign Offer*
Address
Print Named
City, State, Zip Code
Title
*This Contract must be executed by, soleproprietor, authorized signor, or at least one corporate officer, consisting of: (1) the President, Vice President, Chair of the Board, Chief Financial Officer, or Treasurer. Alternatively, this Contract may be executed by a single officer or a person other than an officer provided that evidence satisfactory to AC TRANSIT is provided demonstrating that such an individual is authorized to bind the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
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ACCEPTANCE OF OFFER AND CONTRACT AWARD (For AC Transit Use Only) We are pleased to inform you that Invitation for Bid (IFB) 2016-1366, Boardroom Upgrade, has been awarded to your firm. The Contractor is now bound to sell the material, service, or construction based upon the above referenced solicitation, including all terms, conditions, specifications, addenda, etc., and the Contractor’s bid, as accepted by AC Transit. The Contract shall henceforth be known as Contract No. 2016-1366. The Contractor is hereby cautioned not to perform any work or provide any service under this Contract until valid certificates of insurance, a current and valid copy of your firm’s contractor’s license with the California Contractors State License Board, a payment bond and performance bond are received and accepted by AC Transit, if applicable, and a purchase order is issued for the material, service, or construction described herein. Any work initiated prior to a Notice to Proceed and the submission of the documents referenced above shall be performed solely at Contractor’s risk. Awarded this ______________day of____________________________20_______________ The CONTRACTOR shall faithfully perform all of the work hereunder for the Bid Price accepted by AC TRANSIT, $________________________, payable by AC TRANSIT to the CONTRACTOR at the time and in the manner provided in the Contract Documents.
________________________________ Michael Hursh General Manager, AC Transit
_____________ Date
Approved as to Form:
________________________________ _____________ Denise Standridge Date General Counsel, AC Transit END OF DOCUMENT 00 50 00
AC Transit Oakland, CA
CONTRACT Section 00 50 00 – Page 2 of 2
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SECTION 00 60 00 CONTRACT BONDS
PART 1 -
PART 1 - GENERAL
A. The Bidder to whom the Contract is awarded shall furnish the following Contract Bonds: 1. Performance Bond, in an amount not less than 100% of the Contract Bid Price, to secure faithful performance of the Contract, including, but not limited to, the warranty obligations following acceptance of the work by District. 2. Payment Bond, in an amount not less than fifty percent (50%) of the contract price if the contract price is not more than $1 million, Forty percent (40%) of the contract price if the contract price is more than $1 million but not more than $5 million, or Two and one half million dollars ($2,500,000.00) if the contract price is more than $5 million of the Grand Total Bid Price, to secure payment of all claims of laborers, mechanics, or materialmen, subcontractors or other persons named in Civil Code Section 3181 for costs of materials, equipment, supplies, and labor furnished in the course of the performance of the Contract. 3. Contract Bonds shall be on the forms bound herewith and shall be executed as surety by a corporation authorized to issue surety bonds in the State of California with a financial condition and record of service satisfactory to the District. B. All alterations, extensions of time, extra and additional work and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties on the Contract Bonds.
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PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that WHEREAS THE ALAMEDA CONTRA COSTA TRANSIT DISTRICT (hereinafter referred to as "AC TRANSIT") has entered into a Contract with (hereinafter referred to as "Principal") for Contract No. (the "Contract"); and
WHEREAS said Principal is required under the terms of said Contract to furnish a bond of faithful performance of said Contract,
NOW, THEREFORE, we, the undersigned Principal, and as Surety, are held and firmly bound unto AC TRANSIT, in the sum of Dollars ($ ) lawful money of the United States, to be paid to AC TRANSIT or its successors and assigns; for which payment, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound Principal, or its heirs, executors, administrators, successors, or assigns approved by AC TRANSIT, shall promptly and faithfully perform the covenants, conditions and agreements in the Contract during the original term and any extensions thereof as may be granted by AC TRANSIT, with or without notice to Surety, and during the period of any guarantees or warranties required under the Contract, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Contract made as therein provided, notice of which alterations to Surety being hereby waived, on Principal's part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless AC TRANSIT as stipulated in the Contract, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect. No extension of time, change, alteration, modification, or addition to the Contract, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition. Whenever Principal shall be and declared by AC TRANSIT to be in default under the Contract, Surety shall promptly remedy the default, or shall promptly do one of the following at AC TRANSIT's election: 1.
AC Transit Oakland, CA
Undertake through its agents or independent Contractors, reasonably acceptable to AC TRANSIT, to complete the Contract in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages. CONTRACT BONDS Section 00 60 00 – Page 2 of 6
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2.
Contract No. 2016-1366
Reimburse AC TRANSIT for all costs AC TRANSIT incurs in completing the Contract, and in correcting, repairing or replacing any defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the Contract.
Surety's obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing AC TRANSIT's rights against the others. No right of action shall accrue on this bond to or for the use of any person or corporation other than AC TRANSIT or its successors or assigns. In the event suit is brought upon this bond by AC TRANSIT, Surety shall pay reasonable attorney's fees and costs incurred by AC TRANSIT in such suit. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this day of 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly executed by its undersigned representative, pursuant to authority of its governing body.
(Principal) By By
(Surety) Note: To be executed by Principal and Surety with acknowledgment and notarial seal attached.
(Address) (Principal)
By By
AC Transit Oakland, CA
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PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, that called the PRINCIPAL, and a corporation duly organized under the Laws of the State of having its principal place of business at in the State of and authorized to do business in the State of California, hereinafter called the SURETY, are held and firmly bound unto the Alameda- Contra Costa Transit District (AC TRANSIT), hereinafter called the OBLIGEE, or order in the sum of ($ .00) Lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the PRINCIPAL has entered into a Contract with the OBLIGEE for the, Boardroom Upgrade, Contract No. 2016-1366, and said PRINCIPAL is required under the terms of said Contract to furnish a bond securing payment of claims to which reference is made in Section 3248 of the Civil Code. NOW, THEREFORE, if said PRINCIPAL or any of its subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, the SURETY, will pay for the same, in an amount not exceeding the sum specified in this bond, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond will inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. This bond is given to comply with Sections 3247 and 3248 of the Civil Code. The liability of the PRINCIPAL and SURETY hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 3225 of the Civil Code. SURETY, for value received, hereby agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the Contract Documents accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the other portions of the Contract Documents.
AC Transit Oakland, CA
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IN WITNESS WHEREOF the above-bounded parties have executed this instrument this day of 200 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.
IT IS SO AGREED: PRINCIPAL
SURETY
By:
By: [Name]
[Name]
[Title]
[Title]
STATE OF CALIFORNIA
) ) ss. )
CITY AND COUNTY OF On
20 before me, Notary Public, personally appeared personally known to me (or provide to me on the basis of satisfactory evident) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal. Notary Public
STATE OF CALIFORNIA
) ) ss. )
CITY AND COUNTY OF On
20 before me, Notary Public, personally appeared personally known to me (or provide to me on the basis of satisfactory evident) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal. Notary Public
AC Transit Oakland, CA
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TO BE CONSIDERED COMPLETE, BOTH THE BIDDER AND AN ADMITTED SURETY INSURER AUTHORIZED BY THE CALIFORNIA INSURANCE COMMISSIONER TO TRANSACT SURETY BUSINESS IN THE STATE OF CALIFORNIA MUST SIGN THIS PERFORMANCE BOND. IN ADDITION, BOTH THE PRINCIPAL'S AND THE SURETY'S SIGNATURES MUST BE NOTARIZED AND A COPY OF THE SURETY'S POWER OF ATTORNEY MUST BE ATTACHED.
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SECTION 00 72 00 GENERAL CONDITIONS PART 1 - GENERAL PROVISIONS .................................................................................................................... 3 1.1 GLOSSARY OF ABBREVIATIONS, TERMS, AND DEFINITIONS 1.2 INTENT OF THE CONTRACT DOCUMENTS 1.3 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS 1.4 CONTRACT DRAWINGS 1.5 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS 1.6 PRODUCT REFERENCES AND STANDARDS PART 2 - DISTRICT........................................................................................................................................ 12 2.1 PERSONAL LIABILITY 2.2 AUTHORITY OF THE DISTRICT AND THE DISTRICT'S DESIGNATED REPRESENTATIVE 2.3 RIGHTS-OF-WAY 2.4 DISTRICT'S RIGHT TO STOP WORK PART 3 - CONTRACTOR ............................................................................................................................. 13 3.1 INDEPENDENT CONTRACTOR STATUS 3.2 CONSTRUCTION PROCEDURES AND SUPERVISION 3.3 LABOR AND MATERIALS 3.4 GUARANTY OF WORK 3.5 PAYMENT OF TAXES 3.6 PERMITS AND LICENSES 3.7 SUPERINTENDENCE BY THE CONTRACTOR 3.8 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3.9 DOCUMENTS ON JOB SITE 3.10 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES; SUBSTITUTION 3.11 WORK SITE MAINTENANCE 3.12 ACCESS TO WORK 3.13 INDEMNIFICATION PART 4 - SUBCONTRACTORS ....................................................................................................................... 25 4.1 SUBCONTRACTING PART 5 - COORDINATION AND ACCESS....................................................................................................... 27 5.1 GENERAL PART 6 - CHANGES IN THE WORK ............................................................................................................... 27 6.1 CHANGES 6.2 COST REDUCTION PROPOSALS PART 7 - DISPUTE RESOLUTION .................................................................................................................. 41 7.1 TIMELY NOTICE OF CLAIM 7.2 NOTICE OF POTENTIAL CLAIM 7.3 PUBLIC CONTRACT CODE CLAIM PROCEDURE PART 8 – TIME .......................................................................................................................................... 43 8.1 DELAYS AND EXTENSIONS TO THE WORK 8.2 LIQUIDATED DAMAGES PART 9 - PAYMENTS AND COMPLETION ..................................................................................................... 47 9.1 SCOPE OF PAYMENT 9.2 PROGRESS PAYMENTS 9.3 RETENTION ON PROGRESS PAYMENTS 9.4 RELIEF FROM MAINTENANCE AND BENEFICIAL OCCUPANCY AC Transit Oakland, CA
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9.5 TITLE 9.6 FINAL INSPECTION AND ACCEPTANCE OF THE WORK 9.7 FINAL PAYMENT AND CLAIMS 9.8 STOP PAYMENT NOTICES PART 10 - PROTECTION OF PERSONS AND PROPERTY................................................................................ 55 10.1 SUBSURFACE EXCAVATIONS, NOTIFICATION 10.2 TRENCH EXCAVATION SAFETY PLAN 10.3 HAZARDOUS CHEMICALS AND WASTES 10.4 PUBLIC SAFETY 10.5 EMERGENCIES PART 11 - MISCELLANEOUS PROVISIONS.................................................................................................... 58 11.1 LAWS TO BE OBSERVED 11.2 RIGHTS IN LAND AND IMPROVEMENTS 11.3 ANTITRUST CLAIMS 11.4 THIRD PARTY RIGHTS 11.5 ASSIGNMENT 11.6 RIGHTS TO DRAWINGS, TECHNICAL DATA AND PATENTS 11.7 GRATUITIES AND CONFLICT OF INTEREST 11.8 PROHIBITED INTERESTS PART 12 - TERMINATION OF THE CONTRACT ............................................................................................. 60 12.1 TERMINATION OF CONTRACT FOR CAUSE 12.2 TERMINATION FOR CONVENIENCE OF THE DISTRICT
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SECTION 00 72 00 GENERAL CONDITIONS PART 1 - GENERAL PROVISIONS 1.1
GLOSSARY OF ABBREVIATIONS, TERMS, AND DEFINITIONS
A.
Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are used for the sake of brevity, and are intended to refer to persons of either sex.
B.
Abbreviations AASHTO AL Cal-OSHA CALTRANS CFR CPM CY DOL DOT EA EPA Est. FAR FHWA FTA HR ITE AC TRANSIT LF LS MUTCD Misc. MO NEMA NTP ODR OSHA PEI QJ RFC RFI
AC Transit Oakland, CA
American Association of State Highway and Transportation Officials Allowance California Occupational Safety and Health Administration California Department of Transportation Code of Federal Regulations Critical Path Method Cubic Yard United States Department of Labor United States Department of Transportation Each United States Environmental Protection Agency Estimated Federal Acquisition Regulations United States Department of Transportation, Federal Highway Administration Federal Transit Administration Hour Institute of Transportation Engineers Alameda-Contra Costa Transit District Lineal Foot Lump Sum California Manual on Uniform Traffic Control Devices Miscellaneous Month National Electrical Manufacturers' Association Notice to Proceed District's Designated Representative United States Department of Labor Occupational Safety and Health Administration and Occupational Safety and Health Act Porcelain Enamel Institute Queue Jump Request for Change Request for Information GENERAL CONDITIONS Section 00 72 00 – Page 3 of 63
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RS SY TSP UL C.
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Reference Specifications, "Standard Specifications for Public Works Construction", commonly known as the "Green Book" Square Yard Transit Signal Priority Underwriters' Laboratory
Definitions and Terms Acceptance: Documentation attesting to the act of an authorized representative of the District by which all Work under the Contract, or a specified portion thereof, is identified as having been completed satisfactorily. Addenda: Written interpretations or revisions to any of the Contract Documents issued by the District before the bid opening. As Approved: The words "as approved", unless otherwise qualified, shall be understood to be followed by the words "by the District's Designated Representative for conformance with the Contract Documents". Architect/Engineer of Record: Professional architect or engineer designated for a particular project responsible for signing and sealing the permit drawings, interpretation of the drawings where ambiguities exist, review of requests for information, design change requests and shop drawings, resolution of errors and omission, and finalization of as-built drawings. Assessment: A cost imposed on the Contractor for non-compliance with certain contractual requirements. As Built Documents or Record Documents: Contract Documents modified to reflect changes resulting during the construction phase. As Shown: and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "by the Contract Documents" as appropriate. Beneficial Occupancy: The taking possession of a portion of the Work by the District for its use and/or occupancy on other than a temporary or emergency basis. Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a bid for the work contemplated, acting directly or through a duly authorized representative. Bid Forms: The approved forms upon which the District requires that each Bidder submit its bid with regard to the Contract. Bid Guaranty: The cashier's or certified check, or Bidder's Bond, accompanying the bid submitted by the Bidder, as a guaranty that the Bidder will enter into an agreement with the District for the performance of the Work, if the Contract is awarded to him, and the Bidder will submit the required Contract Bonds and Certificates of Insurance. Also referred to as the Bidder's Security. Board, Board of Directors or Directors: The Board of Directors of the Alameda Contra Costa Transit District, the District.
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California Manual on Uniform Traffic Control Devices: The California Manual on Uniform Traffic Control Devices for Streets and Highways (California MUTCD) is issued by the Department of Transportation and is the Federal Highway Administration's MUTCD 2003 Edition, as amended for use in California. Change Order: A written order to the Contractor directing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the effective date of the Contract. A Change Order will not become effective until approved in writing and signed by the District, hereinafter referred to as an "Approved Change Order." An approved Change Order signed by the Contractor is hereinafter referred to as an "Executed Change Order." Common Carrier: One who holds himself out to the general public to transport property and passengers, intrastate, interstate or in foreign commerce, for compensation. Common carriers must operate from one point to another over routes or in territory prescribed by the Surface Transportation Board (interstate) and by a Public Service or Public Utilities Commission. Completion Time: The time the Work shall be completed as specified in the Contract Documents. Construction Schedule: A list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of the significant activities, critical path, float and milestones must be indicated in the Construction Schedule. Construction Staging Area: Property available for use by the Contractor during the construction period for the purpose of storing products and construction equipment and coordinating activities associated with the Work. Contract: The written agreement covering the performance of the Work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Contract is a part of the Contract Documents and will include all approved change orders issued after the Contract is executed by the parties. Contract Documents: Those documents that form the basis of the Contract, including, but not limited to, the Notice Inviting Bids, Instructions to Bidders, Pre-Bid Conference, Bid Forms, Schedule of Bid Prices, Bidding Addenda, Form of Agreement, Contract Bonds, General Conditions, and Supplemental Conditions, Technical Specifications, Appendices, Contract Drawings, Addenda, accepted Bid when attached as an exhibit to the Contract, permits from other agencies, and all Change Orders issued after the execution of the Contract. Contract Drawings: The plans identified in the Contract, showing the character, dimensions, and details of the Work. Contract Price: The total compensation to be paid to the Contractor in accordance with the terms of the Contract. Contract Time: The number of calendar days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time. AC Transit Oakland, CA
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Contractor: The individual, firm, partnership, corporation, joint venture or other legal entity that has contracted with the District to perform the Work. The term "prime contractor" shall mean Contractor. Days: Unless otherwise stated, "days" shall mean calendar days. Emergency: Any sudden generally unforeseen occurrence (such as a fire, flood, storm, earthquake, epidemic, civil disorder or other natural and/or man-made disaster) that has the potential to adversely affect the safety of life, the Work, and/or adjacent property; to interrupt contracts essential to the provision of daily transit service; and/or to cause catastrophic failure of revenueproducing equipment and/or facilities. Executive Director of Planning and Engineering: Executive Director of Planning and Engineering of the District, the Alameda-Contra Costa Transit District. Field Change Notice: A written directive issued by the District to the Contractor ordering a minor addition, deletion, modification, or revision to the Work. Force Account: Payment by force account shall mean payment on the basis of the Contractor's time and materials. General Manager: General Manager of the District, the Alameda-Contra Costa Transit District. General Requirements: The provisions of Division 1, as may be amended by the District. Inspector: A representative of the permitting agency responsible for verification of the construction activities on site. Installation, Install: Completely assembling, erecting, and/or connecting materials; parts, components, supplies, and related equipment specified or required for the completion of the Work. Legal Holidays: Those days designated as State holidays by the Government Code or declared by the Board, or otherwise specified in the Contract Documents. Limit of Work: Boundary within which the on site elements of the Work will be performed, except utility and drainage work in local streets and on private property. Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the District or to be deducted from any payment due or to become due the Contractor for each calendar day's delay in completing the Work beyond the time allowed in the Contract Documents. Alameda-Contra Costa Transit District: The District. State: State of California and its agencies, including Department of Transportation (Caltrans) "Local Agencies" includes the following participating agencies: AC Transit Oakland, CA
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Notice of Completion: A document recorded by the District with the County Recorder signifying completion of a work of improvement. Notice to Proceed: A written notice given by the District to the Contractor fixing the date on which the Contract Time will commence to run, and also identifying the District's Designated Representative for the project. Notice of Termination: Written notice from the District to the Contractor and its Surety terminating the Contract, or a portion thereof, either for convenience of the District or for default due to the Contractor's failure to perform its contractual obligations. Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration as approved by AC TRANSIT. The District will make determination of equality in reference to the project design requirements. Such equivalent products shall not be purchased or installed by the Contractor without written acknowledgment of the District. District: The Alameda Contra Costa Transit District acting through the District's Designated Representative. District's Designated Representative(s): The individual(s) or firm(s) designated by AC TRANSIT to act as the final authority on all contract administration and management issues for the project on AC TRANSIT's behalf. The District's Designated Representative ("ODR") will be identified in the Notice to Proceed for the project, and may be an architect, engineer, construction manager, or any other consultant or employee of AC TRANSIT's choosing. The District's Designated Representative may delegate specific administrative, technical or management functions to other consultants or AC TRANSIT employees at its discretion. Permitting Agency: Any government agency having jurisdiction over the construction project and requiring permits of any kind. Plans: Refer to Contract Drawings. Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate a material, product, or system for a portion of the Work. Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California. Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place." Quality Assurance: The process by which the Contractor and each subcontractor independently monitors the quality control efforts made in the performance of its own work. Quality Audit: The process by which the District's Designated Representative to independently verify quality control measures are being taken in accordance with applicable requirements. AC Transit Oakland, CA
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Quality Control: The process by which the Contractor and each subcontractor measures and evaluates the work it performs in order to meet the required contractual and statutory quality standards. Quality Surveillance: The process by which the District's Designated Representative observes the Contractor to ensure that quality control and quality assurance measures are taken by the Contractor and its subcontractors. Request for Change: A document initiated by the Contractor requesting that a Change Order be issued. Request for Information: A document issued by the Contractor requesting information concerning the Contract Documents. Salvage: To save any removed item. The salvaged item shall be reused in the contract or delivered and stockpiled for the District or others as specified in the Contract Documents. Schedule of Values: The breakdown of the Contract Bid Price that will serve as the basis for Contractor's Applications of Payment. Any lump sum item included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum item. Shop Drawings: Drawings, plans, diagrams, schedules and other data specifically prepared and submitted to the District by the Contractor, showing in detail: a.) The proposed fabrication and assembly of a special component of the Work; and b.) The installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data. Standard Drawings: Drawings for particular construction components which are generic and will remain the same from project to project. State: State of California. Subcontractor: Any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work. Submittals: Those documents required to be submitted by the Contractor for review by the District in accordance to the Contract. Substantial completion: The Work (or designated portion) is sufficiently complete, in accordance with the Contract Documents, so that the District can safely and conveniently occupy or utilize the Work (or such designated portion) for the use for which it is intended, and as needed for the District to conduct its operation. Supplemental Conditions: Additional requirements that are applicable to the Contract as set forth in Division 0, Sections 00800 through 00860, as may be amended by District.
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Supplier: Any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off the Work site. Technical Specifications: Technical details, requirements, and descriptions of Work to be performed under the Contract. The Technical Specifications comprise Divisions 2 through 18 as applicable of the Contract Documents, as may be amended by District. Temporary Construction Easement: A portion of land belonging to outside party (ies) on which agreed-upon activity can take place during the construction period. Unit Price: The value established for a single item of work or group of items commonly regarded as a single entity, that is inclusive of all fundamental, direct and incidental costs and exclusive only of costs associated with any other unit price and any lump sum price. Work: The sum total of productive and operative efforts used to generate the results specified, indicated in or reasonably inferable from the Contract Documents, including the furnishing of all labor, materials, and equipment. Work Site: The property on which the Work will be performed, including all staging areas. The Work Site is defined in Division 1 of the Contract Documents. Working Drawings: Original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, and staging plans. A Working Drawing is one type of Shop Drawing. 1.2
INTENT OF THE CONTRACT DOCUMENTS
A.
The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project to be constructed. When the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any Work, materials or equipment that are customarily provided or that are reasonably inferable from the Contract Documents, as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.
B.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws or regulations in effect on the first published date of the Notice Inviting Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents)
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shall be effective to change the duties and responsibilities of District or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to District, or District's Designated Representative, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents. C.
1.3 A.
1.4 A.
1.5 A.
The Contract Documents are divided into parts, divisions, sections and articles for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Contract. No oral agreement or conversation with any officer, or employee of the District, or with District's Designated Representative either before or after the execution of the Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents. CONTRACT DRAWINGS The Contract Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS In the event of inconsistencies between requirements contained in different components of the Contract Documents, the precedence of the Contract Documents shall be as follows to resolve the conflicts. 1. 2. 3. 4. 5. 6. 7. 8. 9.
B.
Change Orders The Contract (including addenda) The Supplemental Conditions (Sections 007300 through 007316) ET SEQ Division 01 The General Conditions The remainder of Division 00 sections The Technical Specifications (Divisions 02 through 12) Contract Drawings Appendices and Standard Drawings
In the event of any doubt or question arising concerning the true meaning of the Contract Documents or should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a Request for Information ("RFI") to the District for such further written explanations as may be
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reasonably necessary and shall conform to the written explanation given as if part of the Contract Documents. The decision of the District in such cases shall be final. Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The District will respond to each RFI by no later than fourteen (14) days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with District in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) day period. Each RFI prepared by Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor's labor productivity in the field. Contractor shall not assert any claims for delay or interference against District if Contractor fails to timely submit any RFI to District, after consideration of the response period allowed for District. The response to an RFI shall not, by itself, constitute a writing that authorizes Contractor to perform any Work that causes an adjustment to either the Contract Time or Contract Price. If Contractor believes that any response to any RFI should constitute a compensable change, Contractor shall so notify District via a Request for Change, as described in Part 6, CHANGES IN THE WORK herein. Contractor's failure to provide the required written notice shall constitute a waiver of Contractor's right to seek a compensable change based on the RFI response. C.
1.6
The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the District of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-conformities are discovered, shall obtain specific instructions in writing from the District before proceeding with the Work. Contractor's performance of any Work affected by such non-conformities prior to the District's decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents. PRODUCT REFERENCES AND STANDARDS
A.
When descriptive catalog designations, including manufacturer's name, product brand name or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect as of the first published date of the Notice Inviting Bids, except as may be otherwise stated.
B.
Where references are made to standard specifications (such as RS - standard specifications for Public Works Construction [the Greenbook], or the State of California, Department of Transportation [CALTRANS]), the following definitions shall apply: 1.
All references to the "City", "County", "State", "Agency", or "Department" in the context of Owner shall mean the District.
2.
All references to the "Engineer" in the context of provider of compliance judgment shall mean the District's Designated Representative. For those aspects of the construction
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subject to supervision or oversight by a Registered Professional Engineer, shall mean a Registered Professional Engineer retained by the District. 3.
All references to the "Agent" shall mean District.
4.
All references to the "plan(s)" shall mean the Contract Drawings. END OF PART 1
PART 2 - DISTRICT 2.1
PERSONAL LIABILITY A.
2.2
Neither the District's Board Members, Designated Representative, Officers, Agents, Representatives nor Employees shall be personally responsible for any liability arising under or by virtue of this Contract. AUTHORITY OF THE DISTRICT AND THE DISTRICT'S DESIGNATED REPRESENTATIVE
A.
The District has the final authority in all matters affecting the Work covered by the Contract Documents.
B.
With respect to Contractor's performance of the Work, the ODR shall have the authority to enforce compliance with the Contract Documents. In accordance with the Contract Documents, the Contractor shall promptly comply with all instructions from ODR, and the ODR shall have the authority to enforce and make effective such decisions and orders in the event the Contractor fails to promptly carry out same.
C.
On all questions relating to Contractor's use of certain materials or equipment, the decision of the ODR is final and binding, and shall be a condition precedent to any payment under the Contract Documents.
2.3 A.
DISTRICT'S RIGHT TO STOP WORK If the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the District may, in writing, order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The Contractor shall immediately comply with District's written order to stop the Work. Contractor shall resume Work as and when ordered to do so by the District. Any stoppage of the Work under this section shall be at Contractor's expense, and Contractor shall have no claim against the District based on Contractor's failure to perform the Work in accordance with the Contract Documents. In addition to District's right to stop Work, District may order Contractor to submit to District, at no additional cost to District, additional information concerning Contractor's planned Work if Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by District may include, but is not limited to,
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preparation of submittals or Working Drawings not otherwise required to be submitted under the Contract Documents. In the event the District discovers that the Contractor has created an unsafe condition, District may arrange for other work forces to secure the required sites. (Such remedial Work will be at the sole discretion of the District.) If this action is required, the District may unilaterally terminate Work under the Contract, and will pay only for the quantities of Work actually performed, less the cost of District's remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required to correct unsafe conditions. The right of the District to stop the Work shall not give rise to a duty on the part of the District to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of District's other rights under the Contract Documents. The District's right to stop the Work shall not relieve the Contractor of any of his responsibilities under or pursuant to the Contract Documents. END OF PART 2 PART 3- CONTRACTOR 3.1
INDEPENDENT CONTRACTOR STATUS
A.
The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the District, nor shall the Contractor's Subcontractors or employees be considered as subagents of the District.
B.
The Contractor and the Contractor's Subcontractors shall be licensed in accordance with the laws of the State of California.
3.2 A.
CONSTRUCTION PROCEDURES AND SUPERVISION Health and Safety Plan Contractor shall designate a safety officer and have in place a health and safety plan in accordance to the laws of State of California and conduct safety meetings and document them in accordance to the law. Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with Payment application.
B.
Supervision Contractor shall assign both a Project Manager and Site Superintendent to the project. The Site Superintendent shall be assigned full time. Both individuals must be approved by the District and not changed without written approval by the District. District reserves the right to require the Contractor to release these individuals at its sole discretion and hire suitable replacements.
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C.
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Special Inspections Contractor shall hire an independent testing and inspection agency acceptable to the permitting agencies and the District to perform all special inspections called for by the permitting agency. Required inspection reports must accompany the Application for Payment for the work.
D.
Beginning of Work After the execution of the Agreement by both parties, the District will issue the Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence. Within fifteen (15) days after the effective date contained in the Notice to Proceed, and subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of Baseline Schedule, the Contractor shall commence Work at the site and shall diligently and continuously prosecute the Work to final completion within the time limit provided in the Contract Documents. Contractor shall also achieve any and all Contract milestones as described elsewhere in the Contract Documents. The Contractor shall notify the District, in writing, of his intent to begin Work at the site. The Contractor is not authorized to perform any Work until he has received a Notice to Proceed from the District. Should the Contractor begin Work in advance of receiving the Notice to Proceed, such Work shall be considered as having been done by him at his own risk and as a volunteer.
E.
Order of Work When required by the Contract Documents, the Contractor shall follow the sequence of operations as set forth therein. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various Contract items of work, and no additional compensation will be allowed therefore.
F.
Disposal of Material Outside the Work Site Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at his own cost and expense, make his own arrangements for disposing of materials outside the work site. When any material is to be disposed of outside the work site, the Contractor shall first obtain written permission from the District to dispose of the material at the intended location. District's approval will be contingent upon Contractor obtaining a written permit from the property District on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, Contractor shall submit said permit or a certified copy thereof to District, together with a written release from the property District absolving the District from any and all responsibility related to the disposal of material on said property. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the District
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G.
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Access to the Work The Contractor shall satisfy himself that the jurisdictions through which his operations and haul routes pass will permit such operations with respect to the type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
H.
Temporary Utilities The Contractor shall make his own arrangements with utility companies for any temporary services he may require in performance of the Work and shall pay all costs of these services directly to these utility organizations.
I.
Non-District Owned Facilities The Contractor shall protect from damage those non-District owned facilities (e.g., utilities) that are to remain in place, be installed, relocated or otherwise arranged. Contractor's attention is directed to the possible existence of facilities not shown, and of facilities in a location different from that, which is indicated. The Contractor shall take steps to ascertain the exact location of all facilities prior to doing any Work, which may damage such facilities or interfere with their service. Where the location of a facility is indicated or inferred from the presence of visible facilities such as buildings, meters and junction boxes, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. Unless provided for elsewhere in the Contract Documents, the cost of such excavations and explorations will be considered as a part of the cost of other items of Work and no additional payment will be made. Such excavations and exploratory Work shall not entitle the Contractor to an extension of time. If the Contractor discovers underground facilities not indicated or inferred, from the Contract Documents, the Contractor shall immediately give the District's Designated Representative written notification of the existence of those facilities. The Contractor shall determine the exact location of the underground facilities and the cost of the work will be paid for in accordance with the Contract documents. The underground facilities shall be protected from damage as directed by the District's Designated Representative and the cost of that work will be paid for as extra work. The Contractor shall, if directed by the District's Designated Representative, repair any damage, which may occur to the underground facilities. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work. Damage due to the Contractor's failure to exercise reasonable care shall be repaired at the Contractor's cost and expense. Where it is determined by the District that the rearrangement of an underground facility, the existence of which is not shown on the Contract Drawings, is essential in order to accommodate the Work, the District will provide for the rearrangement of such facility by other forces or, when so ordered by change order, such rearrangement shall be performed by the Contractor and will be paid for as provided under a change order. The Contractor shall be responsible for the maintenance of all utility facilities placed by him in temporary locations, and all utilities within the construction area not required to be relocated but
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which are required to be shored or supported during the construction period. The cost of such maintenance shall be borne by the Contractor, and no other compensation shall be due the Contractor for this Work. The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work. J.
Lines and Grades Contractor shall perform all construction staking using a land surveyor licensed in the State of California. Contractor shall provide a staking plan prior to commencement of work for District's review and maintain monuments, stakes, and marks, and shall update the plan as necessary. The District's Designated Representative may verify the field condition. Errors or inconsistencies in the Contract Documents discovered by the Contractor shall be reported to the District's Designated Representative within 24 hours and prior to constructing forms or related improvements. Any work installed with this requirement shall be subject to removal and replacement at the Contractor's expense.
K.
Archaeological Discoveries Upon discovery of prehistoric or historic artifacts, or other indicators or examples of cultural resources discovered during the course of site preparation, grading, excavation, construction or other development activities, all operations within 50 feet of the find shall cease until such time as the District provides the services of a qualified archaeologist to evaluate the finds and recommend appropriate action. Prehistoric materials can include flaked stone tools (e.g. projectile points, knives and choppers) or tool making debris of obsidian, chert, quartzite and other materials; culturally darkened soil (i.e. midden, which often contains heat affected rock, ash and charcoal, shellfish remains, and cultural materials); and stone milling equipment such as mortars, pestles and hand stones. Historic material may include wood, stone, concrete or adobe footings, walls and other structural remains; debris filled wells or privies; and deposits of wood, metal, glass ceramics and other refuse.
L.
Conformity with Contract Documents Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, required by the Contract Documents. Although measurement, sampling and testing may be considered evidence as to such conformity, the District shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. At its option, District may elect to accept deviations from the Contract Documents with appropriate backcharge assessments against the Contractor, and, if such an election is made, District will provided written notice to Contractor of such acceptance.
3.3 A.
LABOR AND MATERIALS Labor Code Requirements
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At his own cost and expense, Contractor shall comply with all laws, rules and regulations that pertain to Contractor's work force. Attention is directed to the following requirements of the California Labor Code: 1.
Hours of Labor Eight hours labor constitutes a legal day's work. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the Contract is made or awarded, forfeit $25 for each worker employed in the performance of the Contract by the Contractor or any subcontractor under him for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code Section 1813. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of the Labor Code and notwithstanding any stipulation inserted in any contract pursuant to the requirements of these sections, work performed by employees of the Contractor or subcontractor in excess of 8 hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of 8 hours per day and in excess of 40 hours during any one week at not less than 11/2 times the basic rate of pay, as provided for in Section 1815. In addition, contractor/subcontractor may be required to pay double the basic rate of pay for all hours worked in excess of 12 hours in any workday and under other circumstances. (See California Code of Regulations sections 16100(c)(6), 16200(a)(3)(F) and applicable prevailing wage determinations.)
2.
Labor Non-Discrimination Section 1735 of the Labor Code states that the Contractor shall not discriminate against any employee who is employed upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age of such persons, except as provided in Section 12940 of the Government Code.
3.
Prevailing Wages See Section 007343 Prevailing Wages.
4.
Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for compliance with these provisions by his subcontractors. (a)
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The Contractor and each subcontractor shall keep accurate payroll records, showing the name, address, the last four digits of social security numbers, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.
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(b)
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The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (1)
A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
(2)
A certified copy of all payroll records enumerated in subdivision (a) shall be submitted electronically to the District's Contracts Compliance Administrator via LCPTracker, and made available by the Contractor for inspection or furnished upon request to a representative of the Division of Labor Standards Enforcement or the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3)
A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the District, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
(c)
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
(d)
Contractor and each subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requests such records within 10 days after receipt of a written request.
(e)
Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District or the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be redacted in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be redacted.
(f)
The Contractor shall inform the District of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
(g)
The Contractor shall have 15 days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (1). Failure to comply after such 15-day period will subject Contractor to a penalty to the state or the political subdivision on whose behalf the contract is made or awarded, in the GENERAL CONDITIONS Section 00 72 00 – Page 18 of 63
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amount of $100 for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
5.
(h)
Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, the penalties specified in subdivision (g) above for noncompliance with the provisions of said Section 1776 may be withheld from any monies due or which may become due to the Contractor.
(i)
The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract. (See 49 CFR, Section 18.36(i) and FTA Common Grant Rule.)
Apprentices The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.
3.4 A.
GUARANTY OF WORK Notwithstanding inspections and acceptance by the District of Work furnished under the Contract Documents, the Contractor warrants to the District that all materials and equipment furnished will be of good quality and new, that the Work will be free from defects in material or workmanship, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers. Contractor agrees to correct all defective Work discovered by District during a period of one (1) year after the acceptance of the Contract by District or Relief from Maintenance whichever occurs first, or for such periods of time as set forth elsewhere in the Contract Documents. In addition to making such corrections, repairs and/or replacements of any defective Work, Contractor shall correct, repair and/or replace any components of the Work that are damaged as a result of such defective materials, equipment and/or workmanship. Such corrective work shall be at the sole expense of Contractor and shall be performed in a timely manner at the reasonable convenience of District.
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All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain response for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 3.5
PAYMENT OF TAXES
A.
Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and operations incidental to or involved in the Contract, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to District's review to verify that Contractor's tax payments are current at all times.
B.
The Contract prices paid for the Work shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the District, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
C.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
3.6
PERMITS AND LICENSES
A.
The Contractor acknowledges and agrees that, prior to the submission of its bid for the Work, it fully familiarized itself with the requirements of all applicable federal, state, county, and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.
B.
The Contractor shall procure all permits and licenses, including any applicable building permits, (except those procured or to be procured by the District which are listed elsewhere in the Contract Documents), pay all charges and fees, and give all required notices necessary and incidental to the prosecution of the Work.
C.
The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.
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D.
3.7
Contract No. 2016-1366
The Contractor shall procure all building permits required in order to perform the Work, and shall procure a Certificate of Occupancy as a condition of final completion (if required by the local jurisdiction). SUPERINTENDENCE BY THE CONTRACTOR
A.
The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Contract. The Contractor shall be solely responsible for the safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.
B.
Before issuance of the NTP, the Contractor shall designate, in writing, the Project Manager, Site Superintendent and Safety Officer for Contractor on the project. The District must approve each of these three positions before issuance of NTP. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the District to direct Contractor to dismiss them from the project; Contractor shall immediately comply with District's request, at no cost to the District, and shall designate a replacement according to the above designation procedure. Superintendent shall be assigned to the site full time and the Project Manager shall be present at the work site whenever actions of the elements necessitate his or her presence to take measures necessary to assure contract compliance and to protect the Work, persons or property. Any order or communication given to the Project Manager or Site Superintendent shall be deemed delivered to the Contractor.
C.
In the event the Contractor does not assign a full time Project Manager to the work site as required in the Contract Documents, the District may deduct from any progress payment due the costs plus markups for the times the Project Manager is away from the work site, plus the cost of any additional monitoring and reporting performed by the District. The District may also suspend the Work for cause if the Project Manager or Site Superintendent is not present at the work site, with no cost, claim or damages accruing to the District for such action. Suspension of work shall mean an order by the District to cease all construction activities.
D.
When the Contractor has more than one construction Contract with the District, each Contract shall be independent of all others as to Field Offices, Field Staff, and Superintendence.
3.8 A. 3.9 A.
CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Attention is directed to Section 013200 for specific requirements concerning the Construction Schedule and Commencement of the Work. DOCUMENTS ON WORK SITE The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, correspondence, meeting minutes, approved progress payments, and all other records relating to the Work at the work site. These records shall be maintained in good
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order, and they shall be available to the District and its authorized representatives for review, inspection and copying. 3.10
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES; SUBSTITUTIONS
A.
Provision regarding shop drawings, product data and samples are addressed in Division 1 of the Contract Documents.
B.
Substitutions During Construction Contractor shall have followed the Approved Equal Procedure set forth in the Instructions to Bidders to obtain District approval for any proposed substitution. However, upon the showing by Contractor of changed circumstances subsequent to the bid opening that, in the sole discretion of District, justifies consideration of substitutions during construction, the Contractor may use the substitution procedure as set forth below. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the Work may be designated under a trade name or the name of a manufacturer and his catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1.
The Contractor shall submit his request in writing for an alternative article or material. Such request shall be made in ample time to permit review and approval without delaying the Work. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.
2.
No such request will be considered unless accompanied by complete information and descriptive data necessary to determine whether the offered materials, articles, or equipment is equal to the specification in the Contract Documents. Samples shall be provided when requested by the District. The Contractor shall satisfy the District as to the equal quality, suitability or performance of the offered materials, articles or equipment. In the event that the District rejects the use of such alternative materials, articles or equipment, then one of the particular products designated by brand name will be furnished.
3.
The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and he shall furnish all information necessary as required by the District. The District shall be the sole judge as to the quality and suitability of alternative articles or materials and his decisions shall be final. Where use of an alternative material involves redesign of, or changes to, other parts of the Work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the District will be borne by the Contractor.
4.
Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, Contractor's request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing laboratory indicating compliance with the Contract Documents. The cost of all
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testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents. 5.
3.11 A.
At its election, District reserves the right to consider any Contractor proposed substitution as a Cost Reduction Proposal under Section 6.2 "COST REDUCTION PROPOSALS" of these General Conditions in the event that there is a significant savings resulting from the substitution.
WORK SITE MAINTENANCE Air Pollution Control The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to the Work, including any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code. Material to be disposed of shall not be burned inside or outside the worksite with the exception of incineration at a licensed hazardous waste facility.
B.
Water Pollution Control The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution by fuels, oils, bitumen, calcium chloride and other harmful materials and shall conduct and schedule his operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside vegetation beyond the limits of construction. Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways and other bodies of water, and shall conform to the requirements, which may be shown elsewhere in the Contract Documents.
C.
Sound & Light Control Requirements The Contractor shall comply with all applicable local, state and federal rules and regulations regarding sound control, noise level, and light control. Each internal combustion engine, used for any purpose on the Project or related to the Project, shall be equipped with a muffler of a type recommended by the manufacturer. The muffler shall be in good working condition. No internal combustion engine shall be operated on the Project without said muffler.
D.
Use of Pesticides The Contractor shall comply with all local, state and federal rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of pesticides required in the performance of the Work.
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Pesticides include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents. Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, diseases, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide. E.
Weight Limitations Unless expressly permitted elsewhere in the Contract Documents, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code over completed or existing base, surfacing, pavement or structures.
3.12 A.
ACCESS TO WORK Observation of Construction The District, and all of its authorized representatives, shall at all times have safe access to the Work, and shall be furnished with every reasonable facility for ascertaining that the workmanship and materials are in accordance with the requirements and intentions of the Contract Documents. All Work done and all materials furnished shall be subject to the District's Designated Representative's on-site and off-site observation. The observation and/or approvals of the workmanship or materials by the ODR shall not relieve the Contractor of any obligations to fulfill the requirements of the Contract Documents. Workmanship and materials not meeting such requirements shall be corrected, and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the District, or that payment therefor has been included in a progress estimate. The ODR may order re-examination of questioned Work at any time before final acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the District will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work, which has been covered prior to observation by the District, does not qualify as re-examined work; the District may order such work uncovered for observation without payment of any costs.
3.13 A.
INDEMNIFICATION Contractor shall defend, indemnify, and hold harmless the Alameda-Contra Costa Transit District and its respective directors, officers, employees, and agents, including the District's Designated Representative, and the successors and assigns of any of them (collectively referred to as "Indemnities") from and against all claims, demands, liability, suits, actions, costs or expenses for
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any and all loss or damage, including, but not limited to, personal injury, property damage, or economic loss, arising out of or resulting from allegations of (i) Contractor's use of District's property or any activities or Work performed hereunder by Contractor; (ii) Contractor's performance of the Work under the Contract; or (iii) Contractor's breach of any provision of the Contract. The duty of Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The only exception to these provisions is that Contractor's obligations under this section will not apply to the extent that the claims, demands, liability, suits, actions, costs or expenses are caused by Indemnities' gross negligence, willful misconduct or criminal acts. Contractor waives any and all rights to any type of express or implied indemnity against Indemnities. This indemnity shall survive termination or acceptance of the Contract. Any person, firm or corporation that Contractor authorizes to Work on District's property, including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of Contractor's indemnity obligation described herein. END OF PART 3 PART 4 - SUBCONTRACTORS 4.1 A.
SUBCONTRACTING The Contractor shall give its personal attention to the fulfillment of the Contract Documents and shall keep all Work under its control. The Contractor shall furnish evidence that District contract clauses have been flowed down to its subcontractors, including, at the District's discretion, copies of contract agreements between the contractor and its subcontractors. No subcontractor will be recognized as such and nothing in the Contract Documents shall create any contractual relationship between the District and any subcontractor. The Contractor is as fully responsible to the District for the acts and omissions of its Subcontractors, of any tier, as the Contractor is for the acts and omissions of persons or entities directly employed by the Contractor. When a portion of the Work, which has been subcontracted by the Contractor, is not being prosecuted in a manner satisfactory to the District, the subcontractor shall be removed immediately upon the request of the District, and shall not again be employed with respect to the Work. The on-site production of materials produced by other than the Contractor's own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.
B.
The Contractor shall also be responsible for coordinating the Work performed by Subcontractors and Suppliers.
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C.
Approval of Substitutions of Subcontractor: 1.
The Contractor shall notify the District in writing of any request to substitute a Subcontractor in place of a Subcontractor listed in Contractor's Bid. Prior to such substitution, for Work that is greater than or equal to one-half of one percent (0.5%) of the Contract Price, the Contractor shall secure the written approval of the District. The Contractor shall submit the following information in a form similar to the Bid/Submittal Form entitled, "LIST OF PROPOSED SUBCONTRACTORS," contained in the Contractor's Bid Forms. The District will review the information submitted relative to each Subcontractor in accordance with the requirements of the Subletting and Subcontracting Fair Practices Act and transmit written notification to the Contractor concerning its decision regarding approval of the proposed substitution. Information submitted by the Contractor shall include at least the following: (a) (b) (c) (d) (e) (f) (g)
D.
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Name of the Subcontractor Location and Phone Number of Place of Business Contact Person Contractor's License(s) number and expiration date DBE/Non-DBE status The portion of the Work that will be performed by each Subcontractor and its dollar value Reason(s) for the proposed substitution
Prompt Payment to Subcontractors The Contractor shall pay any Subcontractor approved by the District for work that has been satisfactorily performed no later than seven (7) days from the date of the Contractor's receipt of progress payments by the District. In the event District holds retainage from the Contractor, it shall make prompt and regular incremental acceptances of portions of the contract work, as determined by the District, and pay retainage to the Contractor based on these acceptances. The Contractor or Subcontractor shall return all monies withheld from all Subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the District. Any delay or postponement of payment may take place only for good cause and with the District's prior written approval. Any violation of these provisions shall subject the violating Contractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment, or nonpayment by the Contractor, or deficient subcontractor's performance, or noncompliance by a Subcontractor. This clause applies to both DBE and non-DBE Subcontractors.
E.
In the event the Contractor does not make progress payments or release retentions to the Subcontractors in accordance with the time periods in this section, the Contractor will be subject to a charge of two percent (2%) per month on the untimely or improperly withheld payment. END OF PART 4
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PART 5 - COORDINATION AND ACCESS 5.1 A.
GENERAL The Contractor acknowledges that the District may award, or has already awarded, other construction contracts for additional work or may perform additional work with its own forces and that such work may affect the Work under this Contract. Additionally the Contractor acknowledges that the State and other Public and Private Agencies may be granted a right-ofentry by District for the purpose of constructing facilities within and adjacent to the work site. It is the obligation of the Contractor to coordinate its Work with the work of others working within or adjacent to the District's property. During the performance of its Work, the Contractor shall not have exclusive access to or use of the work areas. The District may also require that certain facilities and areas be used concurrently by the Contractor and by other contractors working in the area. When two or more contractors are employed on related or adjacent District work, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to any work, to persons or property caused to the other by his operations, and for loss caused the other due to any unnecessary delays or failure to finish the work within the time specified for completion.
B.
If any part of the Contractor's Work depends on the work of any other contractor and/or the District for proper execution and/or results, the Contractor shall promptly notify the District of any discrepancies and/or defects in said other work that would render its work unsuitable for proper execution and/or results prior to proceeding with the Contractor's own Work. If it becomes necessary, the District will resolve coordination and access problems.
C.
Contractor and its representative in charge of the Work shall familiarize themselves with District's property and work site, and adjacent surroundings in the vicinity of said Work, and any private or public operations on adjoining properties. END OF PART 5
PART 6 - CHANGES IN THE WORK 6.1 A.
CHANGES General 1.
The District may make at any time, and without notice to Contractor's surety and without invalidating the Contract, alterations, deviations, additions to or deletions of the Contract Documents, and may increase or decrease the quantity of any item or portion of the Work, or delete any item or portion of the Work, and may require extra work, as determined by the District to be necessary or advisable. All such changes shall be performed under the terms of the Contract Documents. Any changes will be set forth in a written Contract Change Order issued by the District. The Contract Change Order will specify:
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(1)
The Work to be done in connection with the change to be made;
(2)
The amount, if any, of the adjustment of the Contract Price, and the basis for compensation for the changed work ordered; and
(3)
The extent, if any, of the adjustment in the Contract Time.
A Contract Change Order shall not become effective until an authorized representative of the District has signed it. Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order B.
Contractor Initiated Changes 1.
Request for Change (RFC): A RFC is a document initiated by the Contractor and submitted to the District identifying Contractor's proposed revisions to the Contract Documents. The Contractor's RFC may request a revision to the Contract Time, Contract Price and/or Construction Schedule. The RFC shall be based on a material and significant change to the requirements of the Contract Documents; however, in no event may Contractor submit a RFC for a change that was caused by Contractor's failure to comply with the Contract Documents in the performance of the Work under the Contract. The District will issue a written decision concerning the RFC. Contractor's RFC must be supported by sufficient documentation submitted by Contractor to support the costs and/or time requested by the RFC. Any RFC approved by the District will result in a Contract Change Order, and Contractor shall not proceed with the proposed RFC work until the District has issued a Contract Change Order. If the Contractor's RFC is denied by the District and the Contractor disagrees with the assessment and still believes that a revision to the Contract Time, Contract Price, and/or Construction Schedule is warranted, the Contractor may submit a claim pursuant to Part 7, "Dispute Resolution" of these General Conditions. Unless otherwise allowed by the District, the costs associated with implementing an approved RFC shall be the responsibility of the Contractor. Such costs shall include coordination with all Subcontractors, and delays and disruption arising from the incorporation of the change or alternative into the Work.
C.
District Initiated Changes 1.
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Change Notice: The District may issue a Change Notice at any time during the course of the project, informing the Contractor of a change to the Work required under the Contract. The Change Notice is the District's mechanism for initiating a Contract Change Order, and may be presented in different ways. The Change Notice may: 1) notify the Contractor of the impending issuance of an approved Contract Change Order issued unilaterally by the District without input from the Contractor and without an adjustment of the Contract Price; 2) notify the Contractor of the impending issuance of an approved Contract Change Order issued unilaterally by the District and authorizing additional payment on a force account GENERAL CONDITIONS Section 00 72 00 – Page 28 of 63
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basis; or 3) seek the Contractor's input regarding an adjustment to the Contract Price based on the change to the Work through a Request for Quotation. 2.
Request for Quotations: The District may issue a Request for Quotation ("RFQ"), which requests the Contractor to provide a quotation concerning a proposed change. RFQ's will be numbered sequentially, specifying the time required for the Contractor to respond with a proposal. A RFQ shall not be considered as authorization to proceed with any change, nor shall such request justify any delay in executing existing Work. Contractor shall, upon receipt of a RFQ, promptly, within the time frame specified in the RFQ, provide quotations for increases or decreases in the Contract Price and the Contract Time resulting from the proposed change. Quotations shall be in the form specified by the District and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs to perform the change, including labor, materials, rentals, services, overhead and profit as set forth in this contract. The cost of preparing such quotations is included in the Contract Price, and Contractor shall not be entitled to any additional compensation for preparing them.
3.
Approved Contract Change Order: A Contract Change Order shall not be effective unless signed by an appropriately authorized representative of the District, at which time it is considered an "approved Contract Change Order." Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered Work. In the event Contractor disagrees with the terms of an approved Contract Change Order, it may submit a written protest within ten (10) days of receipt of the approved Contract Change Order pursuant to the "Protest Procedures" delineated later in this Part of the General Conditions.
4.
Executed Contract Change Order: A Contract Change Order signed by both parties is an "executed Contract Change Order." By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended overhead, delay or any other "impact" claim or "ripple effect" claim. Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order.
5.
Field Change Notice: A Field Change Notice ("FCN") is a written directive issued by the District's Designated Representative ordering a minor addition, deletion, modification, or revision to the Work which does not constitute a change in Contract Documents and cannot be handled through a Change Notice or Request for Change process due to the urgent nature of the work. Upon receipt of the Field Change Notice, the Contractor shall promptly proceed with the Work set forth in the notice. The FCN may include the method of payment for the affected Work. To the extent a FCN requires a change to the Contract Documents, the District will issue a Contract Change Order to incorporate the change. A FCN may include a not-to-exceed cost. The Contractor and District's representative shall, on a daily basis, diligently monitor the costs associated with the FCN and inform the District's Designated Representative when such costs are within twenty five (25) per cent of the not-to-exceed amount stipulated in the FCN. When such costs are within 25% of the
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not-to-exceed amount, the District's Designated Representative and Contractor's representative shall review the balance of the work to be completed and all anticipated costs. If the District's Designated Representative and Contractor are in agreement, a revised FCN will be issued with a revised not-to-exceed amount. A change order will be processed in case there is a cost or schedule impact or the work will be handled through force account at District's discretion. D.
Continuance of Construction Any disagreement by the Contractor with the District's determination of the need for, or amount of, an adjustment in Contract Price or Contract Time associated with an approved Contract Change Order (or disagreement by the Contractor with the District's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently prosecute the Work, including the change that is described in the approved Contract Change Order. Should such disagreement occur, the Contractor's attention is directed to the provisions relating to "Protest Procedure" set forth elsewhere in these General Conditions.
E.
Differing Site Conditions Within no later than twenty-four (24) hours of discovery of any purported differing site conditions and before such conditions are disturbed, the Contractor shall notify the District in writing of: (1) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from information made available to the Contractor before the submission of its bid, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. In the event conditions as described in (1), (2) or (3) above are discovered, the Contractor shall continue to diligently prosecute the work in the other portions of the site not affected by such conditions. The Contractor shall also use its best efforts to prevent and/or minimize delays or disruptions to the affected portions of the work. The District will promptly investigate the purported differing site conditions. If the District finds that such conditions do materially differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract will be modified in accordance with the change order procedures set forth herein. In the event of any dispute between the District and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth herein, but shall retain such rights as provided elsewhere in these Contract Documents. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.
F.
Contract Price Adjustment
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If a Contract Change Order provides for an adjustment to the Contract Price, the increased amount owed to Contractor, or the credit due the District, shall be determined by one of the following methods, or a combination thereof, as determined by the District and at its sole discretion: 1.
Unit Prices. The unit prices set forth in the Contractor's Schedule of Bid Prices will be utilized where they are applicable. If the actual quantities of an item of work are greater or lesser than the District's Designated Representative's Estimate of quantity for such item of Work by more than twenty-five percent (25%) within a project segment, such that the application of unit prices in the Bid Form will cause substantial inequity to the District or Contractor, the unit prices will be adjusted by mutual agreement or, based on verifiable documentation made available by either party or, in the absence of agreement, documentation as determined by the District in the same manner as if the work that is greater or less than 25% of the estimated quantities were to be paid for on a force account basis. District's determination shall be subject to protest by the Contractor pursuant to the provisions relating to "Protest Procedure" set forth elsewhere in the Contract Documents. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the District in the same manner if the work were to be paid for on a force account basis. District's determination shall be subject to protest by the Contractor pursuant to the provisions relating to "Protest Procedure" set forth elsewhere in the Contract Documents.
2.
Eliminated Items. The District reserves the right to delete any bid item of Work in its entirety. The District makes no representation that any work under a bid item of Work will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and Contractor shall not be entitled to any anticipated profit, unabsorbed overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to force account mark-ups on the direct and verifiable costs incurred prior to the District's order the deletes the work. Should any bid item of Work be eliminated in its entirety and not accounted for in Subparagraph 1 above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the District of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the District, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the District and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the District so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned material will also be paid for. The actual direct and verifiable costs to be paid by the District as provided herein will be computed in the same manner as if the work were to
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be paid for on a force account basis, including the application of force account mark-ups to said costs. 3.
Changes in Character of Work. If an order by the District's Designated Representative materially changes the character of the work from that indicated in the original Contract Documents, and if the change materially increases or decreases the actual unit cost of performing changed item as compared to the estimated unit cost of performing the work in accordance with the plans and specifications originally applicable thereto, an adjustment in compensation therefor will be made in accordance with the following: The basis of such adjustment in compensation will be the difference between (i) an estimate of the reasonable unit cost to perform the work under the bid item or portion thereof involved in the change as originally planned and (ii) the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be determined by the District's Designated Representative in the same manner as if the work were to be paid for on a force account basis or such adjustment will be as agreed to by the Contractor and the District's Designated Representative. Any such adjustment will apply only to the portion of the work of said item actually changed in character. At the option of the District's Designated Representative, the work of said item or portion of item, which is changed in character, will be paid for by force account. If the compensation for an item of work is adjusted under this Section "Changes in Character of Work", the costs recognized in determining such adjustment shall be excluded from consideration in making and adjustment for such item of work under Section "Unit Prices". Failure of the District's Designated Representative to recognize a change in character of the work at the time the approved contract change order is issued shall in no way be construed as relieving the Contractor of his duty and responsibility of filing a written protest pursuant to Section "Protest Procedure". Under no circumstances will work, that is considered to be a change in character, commence until the District's Designated Representative and the Contractor agree on a lump sum, unit price amount, or other price adjustment. No work shall commence until a Change Order is executed, or a Field Change Notice (FCN) is issued directing the Contractor to perform the work. However, the Contractor shall diligently prosecute all portions of the work that are not affected by the pending Change Order and shall use its best efforts to prevent and/or minimize delays or disruptions (if any) to the entire work caused by the pending Change Order. Under no circumstance shall Contractor be entitled to claim a Change in the Character of Work to compensate for errors or deficiencies in Contractor's original estimate for the work or to seek additional compensation for extra costs attributable to its own mismanagement or supervision of the work.
4.
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Extra Work. New and unforeseen work will be classed as extra work when determined by the District that such work is not covered by any of the various items for which there is a bid price or by combinations of such items. In the event portions of such work are determined by the District to be covered by some of the various items for which there is a GENERAL CONDITIONS Section 00 72 00 – Page 32 of 63
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bid price or combinations of such items, the remaining portion of such work will be classed as extra work. The Contractor shall perform such extra work and furnish labor, material, and equipment therefor upon receipt of an approved Contract Change Order, and in the absence of such approved Contract Change Order, Contractor shall not be entitled to payment for such extra work. Payment for extra work required to be performed pursuant to the provisions in this section, in the absence of an executed Contract Change Order, will be made by force account. G.
Change Order Protest Procedure 1.
If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, he shall submit a written protest to the District within ten (10) days after receipt of such approved Contract Change Order, but in no event after commencement of the Work covered by such approved Contract Change Order. The protest shall state Contractor's points of disagreement with respect to the change order, including any and all specific references to portions of the Contract Document at issue. The Contractor's protest shall also propose a modification of the items with which Contractor does not agree. If a written protest is not submitted within the time period set forth herein, payment will be made as described in the approved Contract Change Order. Contractor's failure to timely submit a written protest shall constitute a waiver of Contractor's right to claim any additional compensation beyond the amount stated in the approved Contract Change Order for the changed work. Approved Contract Change Orders which are not protested within such time period will be considered as executed Contract Change Orders, and payment made thereunder will constitute full compensation for all work resulting from the change.
2.
When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of the work that is the subject of the protest. Contractor shall make all cost data pertaining to changed work available to the Engineer upon request. The Contractor shall submit substantiating cost data with the protest Contractor's failure to submit cost data shall constitute a waiver of Contractor's right to claim any additional compensation for the disputed work.
3.
The Contractor shall cooperate with the District's Designated Representative to reach agreement at the earliest practical date with respect to the disputed work. If an agreement has been reached, a revised Contract Change Order will be approved by the District and issued to the Contractor for signature. Unless and until the District and Contractor agree upon the terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.
4.
When the protest of an approved Contract Change Order relates to an adjustment of Contract Time for the completion of the Work, those disputes will be determined in accordance with the provisions of "Delays and Extensions of Time" elsewhere in these Contract Documents.
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5.
H.
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If the Contractor's protest is denied by the District and the Contractor disagrees with the assessment wishes to pursue the dispute further, the Contractor may submit a claim pursuant to Part 7, "Dispute Resolution" of these General Conditions.
Force Account Payment When Work performed pursuant to a Change Order is to be paid for on a force account basis, the Contractor's labor, materials and equipment used in the performance of such Work shall be subject to the approval of the District, and the compensation will be determined as set forth below in this section. 1.
Work Performed by Contractor The Contractor will be paid the direct costs for labor, materials and equipment used in performing the Work determined as hereafter provided. To the total of the direct costs computed as provided in Sections (1), "Labor," (2), "Materials" and (3), "Equipment Rental" below, there will be added a markup of 15 percent to the cost of labor, 10 percent to the cost of materials, and 5 percent to rented equipment. The above markups shall constitute full compensation, covering the costs of all supervision, overhead, profit and any other general expense not specifically designated as a direct cost in Sections (1), (2) and (3) below. The total payment made as provided above (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended overhead, change order management, delay or other "impact" claim or "ripple effect" claim. When work paid for on a force account basis is performed by forces other than the Contractor's own forces, the Contractor's maximum mark-up for its own account shall be 15% of the labor costs. The maximum allowable mark-ups for the subcontractors' costs shall be 15% to the cost of labor, 10% to the cost of materials, and 5% to rented equipment. However, in the event that any force account work is also performed by subtier subcontractors, the Contractor shall reach agreement with such Subcontractors or other subtier subcontractors as to an equitable distribution of the total mark-up payments to be made by the District for such force account work. The District shall not be obligated to make any additional payment for force account mark-ups by reason of the performance of the force account work by subtier subcontractors. (1)
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Labor. The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the District's Designated Representative), used in the actual and direct performance of the Work. All labor costs associated with overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the above mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, will be the sum of the following:
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(2)
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(a)
Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes.
(b)
Labor Surcharge. To the actual wages, as defined in Section (a), will be added a labor surcharge set forth in the California Department of Transportation ("Caltrans") publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section (a) and subsistence and travel allowance as specified in Section (c). Labor rates submitted for work under time and materials shall include the labor surcharge
(c)
Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to such workmen. No markup will be allowed on subsistence and travel expense.
Materials. The District reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, Subcontractor or other forces, from the Supplier thereof, except, as the following are applicable: (a)
If a cash or trade discount by the actual Supplier is offered or available to the purchaser, it shall be credited to the District notwithstanding the fact that such discount may not have been taken.
(b)
If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual Supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the District plus the actual costs, if any, incurred in the handling of such materials.
(c)
If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided in Section (a), whichever is lower.
(d)
If the cost of such materials is, in the opinion of the District, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned delivered to the job site, less any discounts as provided in Section (a).
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(e)
(3)
If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within 60 days after the date of delivery of the materials or within 15 days after acceptance of the Contract, whichever occurs first, the District reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section (a).
Equipment. Within 15 days after Notice to Proceed is issued to the Contractor, the Contractor shall submit a list of equipment intended to be used on the contract for review and approval by the District. The equipment list will identify all pieces of the equipment to be used on the project and will include the make, model number, serial number and all attachments for each piece of equipment. The equipment submittal will include hourly rates (excluding operators) for (i) equipment operated for 40 hours and less per week; (ii) equipment operated for more than 40 hours per week; and (iii) equipment not operated and on standby. In determining a suitable rental rate for equipment, the District's Designated Representative shall take into consideration the applicable Schedule of Equipment Rates issued by Caltrans, as well as Contractor's proposed rate(s) and supporting documentation. Standby rates will apply for equipment operating over 8 hours in any given 12 hour shift. Equipment located at a work site and utilized on non-force account work shall not be eligible for standby payment, and shall be charged on a force account basis only when solely performing pre-approved force account work tasks. If it is deemed necessary by the District to use equipment not listed in the approved Equipment Submittal, outside rentals may be utilized. Contractor shall provide copies of invoicing from the rental agency as part of the force account documentation. If the equipment is used on contract work during the same rental period, only that portion, based on the actual hours of operation, will be applied to the force account work. The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals. Operators of rented equipment will be paid for as provided in Section (1), "Labor." All equipment shall, in the opinion of the District's Designated Representative, be in good working condition and suitable for the purpose for which the equipment is to be used. Prior to beginning force account work, the District and Contractor shall agree on all equipment to be used for the work described in the daily time and material form. Individual pieces of equipment or tools not listed in said publication and having a replacement value of $1000 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore.
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No payment will be made on a force account basis for equipment that is inoperative due to breakdown, servicing or repair or is not functioning according to the manufacturer's performance standards or is not being operated by a qualified operator. For the use of equipment not listed on the approved Equipment Submittal that is moved in on the work and used exclusively for extra work to be paid for on a force account basis, the Contractor will be paid at the actual rental rates verified by the Contractor or rates charged for similar equipment listed in the Equipment Submittal. The cost of transporting the equipment to the location of the work and its return to its original location, will be paid in accordance with the following provisions. The original location of the equipment to be hauled to the location of the work will be agreed to by the District in advance. The District will pay the costs of loading and unloading such equipment. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers. The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission. Equipment charges shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day of the work week (defined elsewhere in the Contract Documents) that the equipment is at the site of the extra work, excluding legal holidays, unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the District directs the Contractor to discontinue the use of such equipment. Equipment operated less than thirty (30) minutes shall be considered to be onehalf (1/2) hour of operation charged accordingly. Should the Contractor desire the return of the equipment to a location other than its original location, the District will pay the cost of transportation in accordance with the above provisions; provided such payment shall not exceed the cost of moving the equipment to the Work. Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the Work in any other way than upon extra work paid for on a force account basis. When extra work, other than Work specifically designated as extra work in the Contract Documents, is to be paid for on a force account basis and the District determines that such extra work requires the Contractor to move on to the work site equipment which could not reasonably have been expected to be needed in the performance of the Contract, the District may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following conditions: (a)
AC Transit Oakland, CA
The District shall specifically approve the necessity for the use of particular equipment on such Work,
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(b)
The Contractor shall establish to the satisfaction of the District that such equipment cannot be obtained from his normal equipment source or sources and those of his Subcontractors,
(c)
The Contractor shall establish to the satisfaction of the District that the proposed equipment rental rate for such equipment from his proposed source is reasonable and appropriate for the expected period of use.
(d)
The District shall approve the equipment source and the equipment rental rate to be paid by the District before the Contractor begins Work involving the use of said equipment.
Work Performed by Special Forces or Other Special Services When the District's Designated Representative and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of his Subcontractors, such service or extra work item may be performed by a specialist. Invoices for such service or item of extra work on the basis of the current market price thereof may be accepted without complete itemization of labor, materials and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization. In those instances wherein a Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work performed in such facility may, by agreement, be accepted as a specialist billing. To the specialist invoice price, less a credit to the District for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 5 percent in lieu of the percentages provided in, "Force Account Payment, Work Performed by Contractor" elsewhere in these General Conditions.
3.
Records The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations. From the above records, the Contractor shall furnish the District completed daily extra work reports, on forms furnished by the District, for each day's extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces, except for charges described in Section 2, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names or identifications and classifications of workmen, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated. Daily extra work and force account reports (actual or claimed) shall be
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signed by both the District's and Contractor's representatives within 24 hours of the performance of the work. Valid copies of vendor's invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. Should said vendor's invoices not be submitted within 60 days after the date of delivery of the material or within 15 days after the acceptance of the Contract, whichever occurs first, the District reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities concerned delivered to the location of work less any discounts as provided in Section 6.01.E.1(2). The Contractor or his authorized representative shall sign said daily extra work reports. The District will compare his records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the District. The Contractor's cost records pertaining to Work paid for on a force account basis shall be open to inspection or audit by representatives of the District, during the life of the Contract and for a period of not less than 3 years after the date of contract completion, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the District on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than 60 days after the date of acceptance of the Contract, the Contractor will be given fifteen (15) days' notice of the time when such audit is to begin. 6.2
COST REDUCTION PROPOSALS
A.
The District encourages the Contractor to submit Cost Reduction Proposals whenever the Contractor identifies areas and/or instances in which there can be savings to the Work. Contractor may submit to the District, in writing, proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction, including the time for completion of the Work. The Cost Reduction Proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.
B.
Cost Reduction Proposals shall contain the following information: 1.
A description of both the existing Contract requirements for performing the Work and the proposed changes, together with advantages and disadvantages of each changed item.
2.
An itemization of the Contract requirements (e.g., plans and specifications) that must be changed if the proposal is adopted.
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3.
Justification for changes in function or characteristics of each affected item, and the effect of the change on the performance of the completed Work.
4.
A detailed estimate of the cost of performing the Work under the existing Contract and under the proposed change. The estimates of cost shall be determined in the same manner as if the Work were to be paid for on a force account basis as provided in, "Force Account Payment" contained elsewhere in the Contract Documents.
5.
A statement of the time within which the District must make a decision thereon.
6.
The Bid items of Work affected by the proposed changes, including any quantity variation attributable thereto. Contractor's submittal of its Cost Reduction Proposal shall include a certification by Contractor as follows: "Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the information contained herein is a true, accurate and complete statement of all features relating to the Cost Reduction Proposal."
C.
The provisions of this section shall not be construed to require the District to consider any Cost Reduction Proposal, which may be submitted hereunder. The District will not be liable to the Contractor for failure to accept or act upon any Cost Reduction Proposal submitted pursuant to this section nor for any delays to the Work attributable to any such proposal. If a Cost Reduction Proposal is similar to a change in the plans or specifications under consideration by the District for the project at the time said proposal is submitted, the District will not accept such proposal, and the District reserves the right to make such changes without compensation to the Contractor under the provisions of this section. The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until an approved Contract Change Order, incorporating the cost reduction proposal have been issued. If an approved Contract Change Order has not been issued by the date upon which the Contractor's Cost Reduction Proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such Cost Reduction Proposal shall be deemed rejected. The District shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, District reserves the right to disregard the Contract bid prices if in the judgment of the District, such prices do not represent a fair measure of the value of Work to be performed or to be deleted. The District reserves the right, where it deems such action appropriate, to require the Contractor to share in the District's costs of investigating a Cost Reduction Proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate his acceptance thereof in writing, and such acceptance shall constitute full authority for the District to deduct amounts payable to the District from any monies due or that may become due to the Contractor under the Contract.
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If the Contractor's Cost Reduction Proposal is accepted in whole or in part, such acceptance will be by an approved Contract Change Order, which shall specifically state that it is executed pursuant to this Section. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the Cost Reduction Proposal or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the District's approval thereof is based if the approval of the District is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50 percent of said estimated net savings amount. The Contractor's cost of preparing the Cost Reduction Proposal and the District's costs of investigating same, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The Contractor is not entitled to share in either concurrent, collateral or future savings arising from the Cost Reduction Proposal. Collateral savings are those measurable net reductions in District's costs of operation that result from the Cost Reduction Proposal, including maintenance, logistics, and District-furnished equipment. Acceptance of the Cost Reduction Proposal and performance of the Work thereunder shall not adjust the time of completion of the Contract unless specifically provided for in the approved Contract Change Order authorizing the use of the Cost Reduction Proposal. The amount specified to be paid to the Contractor in the approved Contract Change Order which effectuates a Cost Reduction Proposal shall constitute full compensation to the Contractor for the Cost Reduction Proposal and the performance of the Work thereof pursuant to the change order. The Contractor shall include appropriate Cost Reduction Proposal provisions in all Subcontracts of $5,000 or greater, and may include those provisions in any subcontract. Subcontracts shall state that any benefits accruing to the Contractor as a result of an accepted Cost Reduction Proposal initiated by a Subcontractor shall be shared by the Contractor and the Subcontractor in a manner specified in the agreement between them. END OF PART 6
PART 7 - DISPUTE RESOLUTION 7.1 A.
7.2
TIMELY NOTICE OF CLAIM Contractor shall be solely responsible for providing written notice to District of any claims for additional compensation and/or time in accordance with the provisions of the Contract Documents. It is District's intent to investigate and attempt to resolve any Contractor claims before the Contractor has performed any disputed Work. In addition, District desires to mitigate its responsibility (if any) for any Contractor claims before the disputed Work is performed. Therefore, Contractor's failure to provide written notice within the time limitations set forth below shall constitute a waiver of Contractor's claims for additional compensation and/or time. NOTICE OF POTENTIAL CLAIM
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A.
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the District (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless he shall have given the District due written notice of potential claim as hereinafter specified, provided, however, that compliance with this section shall not be a prerequisite as to matters within the scope of the Contract Change Order protest provisions in, "Protest Procedure," or the notice provisions in, "Delays and Extension of Time," elsewhere in these Contract Documents, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
B.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the District, such notice shall be given to the District prior to the time that the Contractor has started performance of the Work giving rise to the potential claim for additional compensation, but in no event more than three (3) days after the occurrence that gives rise to the Contractor's claim. In all other cases, notice shall be given within three (3) days after the happening of the event or occurrence giving rise to the potential claim.
C.
The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed.
D.
If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the District, and shall be governed by all applicable provisions of the Contract.
E.
The Contractor shall maintain cost records of all Work, which is the basis of any dispute. On a daily basis, Contractor shall submit to District completed daily forms, the format of which will be supplied by District, with respect to the Contractor's costs of performing the disputed work. These daily forms shall itemize all Contractor costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workmen, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or his authorized representative. District's receipt of Contractor's daily forms shall not constitute an approval of the Contractor's protest. Contractor's failure to submit the daily forms on a daily basis shall constitute a waiver of Contractor's right to claim any additional compensation for the disputed work.
F.
Each Contractor claim shall include full and complete information concerning the Claim. Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor's claim arises from an ongoing occurrence, Contractor shall so state in its claim including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.
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The District will review any timely claim submitted by Contractor. In conducting this review, the District shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the District may require. The District will review any timely claim within 15 days after receipt by the District of all requested additional or supporting documents. G.
If an agreement can be reached which resolves the Contractor claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor claim, Contractor shall still be obligated to comply with the claim identification provisions identified in the section entitled "Final Payment and Claims", elsewhere in these General Conditions.
H.
In the event that a subcontractor or supplier asserts a claim against the Contractor under its agreement with Contractor, the subcontractor or supplier shall look only to the Contractor for any payment or relief. Subcontractors and suppliers shall have no claim or cause of action against the District if such claim or cause of action arises out of the subcontractor's or supplier's agreement with Contractor.
7.3
PUBLIC CONTRACT CODE CLAIM PROCEDURE Contractor is directed to Section 7.02 of these contract documents regarding the notice provisions applicable to a construction claim. In the event the District and Contractor cannot resolve claims of $375,000 or less, the claims provisions of California Public Contract Code sections 2010420104.6 shall apply, which provisions are summarized below. Any claim submitted by the Contractor shall be in writing and include the documents necessary to substantiate the claim. For claims of less than fifty thousand dollars ($50,000), the District shall respond in writing within 45 days of receipt of the claim, or request additional documentation supporting the claim within 30 days of receipt of the claim. If additional documentation is requested, District will respond in writing to the claim within 15 days of receipt of the additional documentation, or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. For claims of over $50,000 and less than or equal to $375,000, District shall respond in writing within 60 days of receipt of the claim, or request additional documentation supporting the claim within 30 days of receipt of the claim. If additional documentation is requested, District will respond in writing to the claim within 30 days of receipt of the additional documentation, or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. END OF PART 7
PART 8 - TIME 8.1 A.
DELAYS AND EXTENSIONS TO THE WORK Contractor must complete all Work within the time specified in Division 1 of these Contract Documents. The Contractor will be granted an extension of time and will not be assessed with
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liquidated damages or the cost of engineering and inspection for any delay in substantially completing the Work (or parts thereof) beyond the time set forth in the Special Provisions elsewhere in the Contract Documents, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes fire, changes made pursuant to the provisions of "Changes in Work" elsewhere in the Contract Documents or acts or neglect of the District not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following: 1.
That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent the delays and minimize the effects thereof; and
2.
That the Contractor notifies the District's Designated Representative in writing within three (3) days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.
B.
No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the District documentary proof that he has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as required in "Project Scheduling Requirements" elsewhere in the Contract Documents, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire Work which could not be compensated for by revising the sequence of the Contractor's operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the District that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.
C.
The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents.
D.
No extensions of time will be granted for delays that have no measurable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor's failure to submit this analysis will be sufficient cause for denial of any request for a time extension.
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E.
Within a reasonable period of time after the Contractor submits the notice and information required by this section, the District will determine whether an extension of time is justified and, if so, the number of days for the extension.
F.
Abnormal weather may be a valid basis for a time extension under the Contract. The term "abnormal weather" is defined as the occurrence of both of the following two conditions: (i) rain conditions that exceed the criteria set forth immediately below; and (ii) rain conditions that cause the below specified impact to Contractor's operations. Time extensions caused by abnormal weather will be allowed only if there is rain in excess of 0.5 inch in a 24 hours period, as measured at the EW0993 Oakland weather station maintained by the National Weather Service, for a number of days that exceeds the number of allowable rain days for each particular month, as specified below: Month January February March April May June
# of Rain Days 3 3 2 1 1 0
Month July August September October November December
# of Rain Days 0 0 0 1 1 2
In addition, before a time extension may be granted for abnormal weather, Contractor must establish that the rain either significantly impacted at least 60% of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day. Contractor shall employ reasonable methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather. In the event that the project experiences favorable weather for a particular month (e.g., a number of actual rain days in a month less than that indicated in the above table for allowable rain days per month), the additional float resulting from such favorable weather shall accrue to the project. G.
Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements: 1.
Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work.
2.
The delay was caused solely by the District by District's issuance of changes made pursuant to the provisions of "Changes in Work" elsewhere in these General Conditions or by or acts or neglect of the District.
3.
The delay was unreasonable under the circumstances and not within the contemplation of the parties.
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It is expressly understood and agreed that delays caused by the District will be noncompensable when there are concurrent delays caused by the Contractor. Also, Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes. In the event that the Contractor submits a claim for additional costs associated with overhead, the Contractor shall, within 60 calendar days of the District's Designated Representative's written request, submit to the District's Designated Representative an audit examination and report performed by an independent Certified Public Accountant of the Contractor's actual unanticipated overhead costs. The independent Certified Public Accountant's audit examination shall be performed in conformance with the requirements of the American Institute of Certified Public Accountants Attestation Standards. The audit examination and report shall depict the Contractor's project and company-wide financial records and shall specify the actual overall average daily rates for both field and home office overhead for the entire duration of the project, and whether the costs have been properly allocated. The rates of field and home office overhead shall exclude all unallowable costs as determined in the Federal Acquisition Regulations, 48 CFR, Chapter 1, Part 31. The audit examination shall determine if the rates of field and home office overhead: 4.
are allowable in conformance with the requirements of the Federal Acquisition Regulations, 48 CFR, Chapter 1, Part 31;
5.
are adequately supported by reliable documentation; and
6.
related solely to the project under examination.
Upon the District's Designated Representative's written request, the Contractor shall make its financial records available for audit by the District for the purpose of verifying the actual rate of overhead specified in the audit submitted by the Contractor. The overhead specified in the audit, submitted by the Contractor, will be subject to approval by the District's Designated Representative. H.
Right of Way Delays. If, through the failure of the District to acquire or clear the right of way as specified in the Contract Documents, the Contractor sustains loss which could not have been avoided by the judicious handling of its Work, Contractor will be entitled to such amount as the District may find to be fair and reasonable for such part of the Contractor's actual loss, as, in the opinion of the District was unavoidable, determined as follows: Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis with the following exceptions: 1.
The time for which such compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed 8 hours in any one day.
2.
The days for which compensation will be paid will be each calendar day of the work week (defined elsewhere in the Contract Documents), and legal holidays, during the existence of such delay, except that when rental of the equipment is paid for under the provisions in
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"Force Account Payment – Equipment", no payment will be made for right of way delays in accordance with the provisions in this section. Actual loss shall be understood to include no items of expense other than idle time of personnel, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment will be determined as provided in this section, "Delays and Time Extensions", and compensation for idle time of personnel will be determined pursuant to "Force Account – Labor" elsewhere in the Contract Documents, and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work as provided pursuant to "Changes to the Work" elsewhere in the Contract Documents. In addition to the compensation described above, if performance of the Contractor's Work is delayed as a result of the failure of the District to acquire or clear right of way, an extension of time determined pursuant to the provisions in "Delays and Extensions to the Work", will be granted. 8.2 A.
LIQUIDATED DAMAGES It is agreed by the parties to the Contract that in case all the Work called for under the Contract in all parts and requirements is not completed within the number of calendar days as set forth in Section 005000, damage will be sustained by the District, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the District will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the District, the sum of $100 per day for each and every calendar day delay in completing the Work in excess of the number of calendar days prescribed and the number of additional calendar days, if any, authorized by Contract Change Order; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the District may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract. END OF PART 8
PART 9 - PAYMENTS AND COMPLETION 9.1 A.
SCOPE OF PAYMENT In consideration for the satisfactory performance of Work under the Contract Documents, District shall pay Contractor the Contract Price identified in the Contract. The Contract Price may not be changed except as specified in the Contract Documents. If the "payment" clause in the Contract Documents relating to any unit price in the bid schedule requires that said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured nor paid for under any other pay item which may appear elsewhere in the Contract Documents.
9.2
PROGRESS PAYMENTS
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A.
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Within 15 days after the effective date in the Notice to Proceed, but in any event prior to the Contractor's first Application for Payment, Contractor shall submit to District a detailed Schedule of Values included with the bid. Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to Contractor based on his actual progress of Work with respect to each Lump Sum Bid Item. The District prior to any progress payment being made must approve the Schedule of Values. At the District's Designated Representative's discretion the approved Schedule of Values may be used as the basis of calculating the adjustment in compensation for a lump sum bid item due to changes ordered by the District's Designated Representative. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the District's Designated Representative's discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 6.1 C 1, "Unit Prices" of the General Provisions.
B.
On a monthly basis, Contractor shall submit Applications for Payment in the form required by the District. Contractor's Applications shall be based on the Schedule of Values and on the Unit Prices submitted with Contractor's bid. These applications shall be supported by documentation specified in Division 1. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by District, Contractor shall submit receipts, invoices and other documentation that the District requires to be furnished for purpose of evaluating the application.
C.
Pursuant to Public Contract Code Section 20104.50, District will pay Contractor within thirty (30) days of its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) days of its receipt of Contractor's Application for Payment, District will determine whether it complies with the provisions of the Contract Documents. As appropriate, District will return the application to the Contractor accompanied by a document prepared by District setting forth the reasons for the rejection. Thereafter, Contractor shall correct and resubmit the Application for Payment. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.
D.
The District may deduct the following from each progress payment: 1.
An amount equal to 100% of the amount claimed under any stop payment notice or other lien filed against the Contractor, plus an amount to provide for the reasonable cost of any litigation thereunder.
2.
Any liquidated damages or assessments that have accrued as of the date of the application for payment.
3.
Any sums expended by the District in performing any of the Contractor's obligations under the Contract that the Contractor has failed to perform.
4.
Any other sums that the District is entitled to recover from the Contractor under the terms of the Contract including damages to District property.
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5.
Any sums associated with Contractor not staffing the Project with Project representatives as required in the Special Provisions of the Contract Documents.
6.
The failure of the District to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the District's right to such sums.
RETENTION ON PROGRESS PAYMENTS From each progress payment estimate, five percent (5%) will be deducted and held in retention by the District, the remainder less any deductions described above will be paid to the Contractor as progress payments. Pursuant to Public Contract Code Section 22300, the successful Bidder may submit Securities in lieu of retention payments by the District. Upon Contractor's request, District will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if Contractor deposits in escrow with District or with a bank acceptable to District, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and District, upon the following conditions:
9.4 A.
1.
Contractor shall bear the expenses of District and the escrow agent in connection with the escrow deposit made.
2.
Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to Contractor pursuant to this section.
3.
Contractor shall enter into an escrow agreement satisfactory to District, which agreement shall be substantially similar to the form provided in California Public Contract Code Section 22300.
4.
Contractor shall obtain the written consent of the surety to such agreement.
RELIEF FROM MAINTENANCE AND BENEFICIAL OCCUPANCY Relief from Maintenance 1.
Attention is directed to "Responsibility for Work and Materials" contained elsewhere in these General Conditions regarding Contractor's responsibility to rebuild, replace, repair or restore the Work in the event of any injury, loss or damage to same. Upon written request by the Contractor, District may relieve the Contractor of the responsibility to maintain and protect certain portions of the Work which have been completed in all respects in accordance with the requirements of this Contract ("Relief from Maintenance"). Portions of the Work, for which the Contractor may be granted Relief From Maintenance, shall be identified in Division I.
2.
Relief from Maintenance, if granted, and the scope thereof shall be documented in writing. After District's granting of Relief from Maintenance, Contractor shall still be obligated to perform warranty work with respect to the portions of the Work covered by the Relief from
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Maintenance. In addition, District's granting of Relief from Maintenance shall not be construed as an acceptance by the District of any latent defects discovered with regard to Contractor's work. Furthermore, Contractor's obligations under Section 3.13, "Indemnification," shall still remain applicable after District's grant of Relief from Maintenance. 3.
B.
9.5 A.
With respect to any portion of the Work covered by District's granting of Relief from Maintenance, the warranty periods called for with respect to in the Contract Documents shall not commence until the date of Relief from Maintenance.
Beneficial Occupancy 1.
The District may at any time notify the Contractor in writing that it intends to take Beneficial Occupancy of any portion of the Work even though the Work may not be Substantially Complete. Unless the reason for District's taking Beneficial Occupancy is that the Contractor has not completed the Work (or portions thereof) in accordance with the Contract Time (in such event Paragraph 3, below, applies), District's Beneficial Occupancy shall relieve the Contractor from its responsibility for maintenance, loss or damage to that portion of the Work for which the District has taken Beneficial Occupancy other than that resulting from the Contractor's act or omission, negligence willful misconduct or breach of warranty.
2.
Should the Work (or portion thereof) not be completed in accordance with the Construction Schedule within the Contract Time (as adjusted under the terms of the Contract Documents), the District shall have the right, but not the obligation, to take Beneficial Occupancy of the Work. In such event, Contractor shall not be entitled to any additional compensation on account of said occupancy by District, nor shall Contractor be relieved of any of its responsibilities under the Contract Documents, including, without limitation, Contractor's obligation to complete the Work in accordance with the Construction Schedule.
3.
Beneficial Occupancy shall not be deemed an acceptance of the Work. Within a reasonable time after District provides notice that it intends to take Beneficial Occupancy, the Contractor and the District shall make an inspection of that portion of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected before the Work has achieved Final Completion. During any Beneficial Occupancy of the Work, the District shall allow the Contractor reasonable access to complete or correct items on the list and to complete other related Work.
4.
District's Beneficial Occupancy shall not relieve the Contractor of his responsibility to maintain all insurance and bonds required under the Contract Documents until the entire Project is accepted by the District.
TITLE Title to Work for which progress or other payments have been made shall pass to the District at the time of payment. To the extent that title has not previously been vested in the District by reason of progress payments, full title shall pass to the District at time of delivery or completion of the Work. Work to which the District has received title by reason of progress payments shall be
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segregated from other Contractor and/or Subcontractor materials related to the Work and clearly identified as District property. B.
The title transferred as above shall in each case be good and free and clear from any and all security interests, liens, and/or other encumbrances. The Contractor shall not pledge or otherwise encumber any item in any manner that would result in any lien, security interest, charge, and/or claim against said items.
C.
The transfer of title as specified above shall not be deemed as an acceptance of the Work by the District, nor relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents. Contractor shall still be obligated to protect the work from damage until District's acceptance of work.
9.6 A.
B.
FINAL INSPECTION AND ACCEPTANCE OF THE WORK When Contractor believes that the entire Work is fully and finally completed, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents and the completion of all punch list and clean-up items, the Contractor shall submit to the District a written request for Final Acceptance within fifteen (15) days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within 15 days after receipt of the request for Final Acceptance, the District will inspect the Work and will either: 1.
Reject the request for Final Acceptance, specifying the defective and/or uncompleted portions of the Work, or
2.
Issue an executed Notice of Final Acceptance and record a Notice of Completion with the County Recorder.
If the District rejects the request for Final Acceptance; the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall again submit a written request for Final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until District has verified that the Work is fully and finally completed and given the Contractor an executed Notice of Final Acceptance. Immediately upon and after such formal written acceptance by the District, the Contractor will be relieved of the duty of maintaining the Work as a whole. All warranties commence upon Final Acceptance of the Work or Relief from Maintenance, whichever occurs first. District's Final Acceptance of the Work shall not be construed as an acceptance by the District of any latent defects discovered with regard to Contractor's work. Furthermore, Contractor's obligations under Section 3.13, "Indemnification," shall still remain applicable after District's grant of Final Acceptance of the Work.
C.
Record Documents and Operation and Maintenance Manuals.
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Prior to issuance of the Notice of Final Acceptance by the District, the Contractor shall submit to the District the Record Documents and Operation and Maintenance Manuals as specified under Division 1. 9.7
FINAL PAYMENT AND CLAIMS
A.
Final payment will be made only after Contractor has achieved Final Completion of the Work pursuant to the provisions of the section titled "Final Inspection and Acceptance of the Work" contained elsewhere in the Contract Documents.
B.
Before final payment can be made, the Contractor shall have furnished the District with the following:
C.
1.
All As-Built drawings, catalogues, instruction sheets and information as required by the Contract Documents.
2.
One signed copy of the Release as discussed below in this section and on a form furnished by the District.
Within thirty (30) days of the date of the District's Notice of Final Acceptance, the Contractor shall prepare and submit a proposed Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for the actual quantities of the Contract items of work constructed in accordance with the Contract Documents. Submitted with Contractor's proposed Final Invoice shall be his final documentation with respect to any claims that the Contractor has elected to continue to pursue; if there are no such claims, Contractor shall include a statement that there are no outstanding claims regarding the Work. The District shall consider no Claim filed with the proposed Final Invoice unless the Contractor has fully complied with the conditions of the Notice of Potential Claims, Protest Procedures and Delays and Extensions of Time sections of the Contract Documents.
D.
The District will review the Contractor's proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) days thereafter, the Contractor shall submit a revised proposed Final Invoice incorporating changes or corrections made by the District together with any new claims resulting therefrom. Upon approval by the District, the corrected proposed Final Invoice will become the approved Final Invoice.
E.
If no claims are submitted with the proposed Final Invoice, and agreements are reached on all questions regarding the proposed Final Invoice, the District in exchange for an executed release, satisfactory in form and substance to the District as provided below, will pay the entire sum found due on the approved application. However, the District will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
F.
If the Contractor does submit claims with the proposed Final Invoice, then upon final determination of all the Contractor's claims, the District will pay the entire sum found due upon
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the final invoice, including the amount, if any, allowed on claims, except that the District will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder. Claims filed by the Contractor shall be fully supported and made in sufficient detail to enable District to ascertain whether the basis and amount of said claims are valid. If additional information or details are required by the District to determine the validity of the claims, Contractor shall furnish such further information or details so that District receives the information or details no later than seven (7) days after receipt of the written request from the District. Failure to submit such information and details to the District within the time specified will be sufficient cause for denying the claim. Contractor shall maintain and submit full and complete records of the costs and additional time incurred for the work for which a claim for additional compensation is made. District or its designated claim investigator shall have access to any additional records as may be required by the District to determine the facts and contentions involved in the claims. Failure to permit access shall be sufficient cause for denying the claims. A notarized certificate indicating the following language shall accompany claims submitted by the Contractor: Under the penalty of perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the claim submitted herewith for additional compensation and time, if any, made with respect to the Work on this Contract is a true and accurate statement of the actual costs incurred and time sought, and is fully documented and supported under the Contract between Contractor and District.
Name
Title
Date
Notary Failure to submit the notarized certificate will be sufficient cause for denying the claim. Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the District, and Contractor shall provide all records requested by the District in performing the audit.
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Any costs or expenses incurred by the District in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records shall be deemed to be damages incurred by the District, shall be to the extent allowed under the California False Claims Act, or other applicable law. G.
H.
The release from the Contractor shall be from any and all claims arising from the Work under and in connection with the Agreement and shall release and waive any claims against the District. The release shall be accompanied by a certification by the Contractor. 1.
That it has resolved any claims made by Subcontractors, Suppliers and other against the Contractor or the Project.
2.
That it has no reason to believe that any party has a valid claim against the Contractor or the Project which has not been communicated in writing by the Contractor to the District with the certification; and
3.
That all warranties and guarantees are in full force and effect. The release and the certification shall survive Final Payment.
Final payment will be made within 30 days after receipt of an approved final invoice and other required submittals referenced above and determination of all Contractor's claims, or 60 days after acceptance of the work by the District, whichever is later, provided, however, that if an approved final invoice has not been submitted within 60 days after acceptance of the work by the District, the District may elect to make payment of sums not in dispute without prejudice to the right of either the District or the Contractor in connection with such disputed sums. The District may withhold from the Final Payment an amount not to exceed 150% of any amount in dispute between the District and the Contractor.
I.
9.8
The making of final payment shall not operate to release the Contractor or his sureties from obligations arising under this Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the District arising from 1.
Unsettled or future liens,
2.
Failure of the Work to comply with the requirements of the Contract Documents,
3.
The terms of any warranties required by or contained in the Contract Documents,
4.
The right to any insurance proceeds or the right to make any insurance or bond claims,
5.
Any claims with respect to Contractor's obligation of indemnity with respect to claims, asserted by third parties, or
6.
Any latent deficiencies with the Work or Contractor's fraud.
STOP PAYMENT NOTICES
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The District will retain and withhold from payment to the Contractor sufficient sums to cover stop payment notices filed pursuant to Section 9350 et seq. of the California Civil Code, including an amount to provide for the reasonable cost of any litigation thereunder. END OF PART 9
PART 10 - PROTECTION OF PERSONS AND PROPERTY 10.1 A.
SUBSURFACE EXCAVATIONS, NOTIFICATION The Contractor shall contact the regional notification center, "Underground Service Alert," and schedule his Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Without limiting the foregoing, Contractor's attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2, which provides, in part: "Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation."
10.2 A.
TRENCH EXCAVATION SAFETY PLAN Attention is directed to California Labor Code Section 6705. At least five days in advance of excavation of any trench five feet or more in depth, the Contractor shall submit Working Drawings to the District's Designated Representative showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such Working Drawings vary from the shoring system standards established by the Cal-OSHA Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared and signed by a civil or structural engineer registered in the State of California. Nothing in this section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Cal-OSHA Construction Safety Orders of the Division of Industrial Safety. Contractor's Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to the Contractor who shall be responsible for the successful construction of the Work. The District's Designated Representative shall approve working Drawings before any Work involving such drawings is performed. It is expressly understood that approval of the Working Drawings shall not relieve the Contractor of any of his responsibility under the Contract of his obligations under the Contract Documents.
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HAZARDOUS CHEMICALS AND WASTES The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the District. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the District by any agency as a result of such release and shall hold harmless, indemnify and defend the District from any claims arising from such release. For purposes of this section only, the term "claims" shall include: 1.
All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and
2.
Any claim, cause of action, or administrative or judicial proceeding brought against the District, its directors, employees, and agents for any loss, cost (including reasonable attorney's fees), damage or liability, sustained or suffered by any person or entity, including the District.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the District be identified as the generator. The Contractor shall notify the District of any such hazardous wastes and the District reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the District from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the District 10.4
PUBLIC SAFETY
A.
The Contractor shall assume all responsibility for public safety during the performance of its Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County or local agency that owns the right-of-way.
B.
The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the District, all safety and first aid requirements prescribed by all applicable Federal, State and local laws and regulations, rules and orders. The Work shall be done in a safe manner; and Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. Contractor shall also be responsible for ensuring that its Subcontractors comply with the provisions of this section.
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Upon the failure of the Contractor to comply with any of the requirements of this section, the District shall have the authority, but not the duty, to stop the Work until such failure is remedied. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions. C.
When required by the Contract Documents, the Contractor shall construct, maintain and remove detours for the use of public traffic, without additional cost to the District, unless separate payment is specified in the Special Provisions. The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.
D.
Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed. Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work site, or as good as required by the Contract Documents if any such objects are a part of the Work. The District may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Contract. The fact that any underground facility is not shown on the Contract Plans shall not relieve the Contractor of his responsibility pursuant to "Non-District Facilities," elsewhere in the Contract Documents. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities, which may be subject to damage by reason of his operations. Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the Work involved in protecting or repairing property as specified in this section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
10.5 A.
EMERGENCIES In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instructions or authorization from the District, shall act at his discretion to prevent such threatened loss or injury. In such an emergency, the Contractor may perform such additional work as is reasonably required. Any compensation claimed by the Contractor on account of Work performed pursuant to an emergency shall be determined in accordance with the provisions relating to Force Account payment contained elsewhere in the Contract Documents. END OF PART 10
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PART 11 - MISCELLANEOUS PROVISIONS 11.1 A.
LAWS TO BE OBSERVED The Contractor shall keep himself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any such requirements, the Contractor shall immediately report the same to the District in writing. The laws of the State of California shall govern the Contract Documents. If any part of the Contract Documents is declared invalid by a court of law, such decision will not affect the validity of the remaining portion, which shall remain in full force.
11.2 A.
11.3 A.
RIGHTS IN LAND AND IMPROVEMENTS The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the District and any third party District, former District or tenant of such land, structure or buildings. The Contractor shall not occupy District-owned property outside the limit of the Work shown on the Contract Drawings unless he obtains prior approval. ANTITRUST CLAIMS The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b), which shall be applicable to the Contractor and his subcontractors: "In entering into a public works contract or a sub-contract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the sub-contract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties."
11.4 A.
THIRD PARTY RIGHTS No provisions of the Contract Documents shall in any way inure to the benefit of any third party (including the public at large) so as to constitute such person a third party beneficiary of the Contract or of any one or more of the terms and conditions of the Contract or otherwise give rise to any cause of action in any person not a party to the Contract, except as expressly provided elsewhere in the Contract Documents.
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B.
Pursuant to Public Contract Code section 9201, District shall have full authority to compromise or otherwise settle any third-party claim relating to the Contract at any time.
C.
District shall provide for timely notification to the Contractor of the receipt of any third-party claim, relating to the contract. Notice shall be in writing and will be provided within thirty (30) days.
D.
District shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision C
11.5 A.
ASSIGNMENT The performance of the Contract may not be assigned except upon the written consent of the District. Consent will not be given to any proposed assignment, which would relieve the original Contractor or his surety of their responsibilities under the Contract, nor will the District consent to any assignment of a part of the Work under the Contract. The Contractor may assign monies due or to become due him under the Contract and such assignment will be recognized by the District, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper setoffs in favor of the District and to all deductions provided for in the Contract, and particularly all money withheld, whether assigned or not, shall be subject to being used by the District for the completion of the Work in the event that the Contractor should be in default therein.
11.6
RIGHTS TO DRAWINGS, TECHNICAL DATA AND PATENTS
A.
Shop Drawings and Working Drawings submitted to the District by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Contract, are the property of the District and the District may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Contract.
B.
Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the District by the Contractor, Subcontractor, or any lower tier Subcontractor pursuant to the Contract are the property of the District, and the District may use or disclose same in any manner and for any purpose.
C.
Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes, used on or incorporated in the Work and shall indemnify and save harmless the District, and its duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of patented materials, equipment, devices or processes. In case such materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at his expense, shall: 1.
Secure for the District the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or
2.
Replace such materials, equipment, devices or processes, or
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3.
11.7
Contract No. 2016-1366
Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the District.
GRATUITIES AND CONFLICT OF INTEREST
A.
The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the District, including but not limited to, employees, agents, Engineering Service Consultants, Consulting Engineers and Architects, Inspectors and/or Testing Agencies retained by the District. If it is found that the Contractor has violated this provision, the Contract may be subject to termination for default as defined elsewhere in these General Conditions.
B.
During the term of the Contract and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the District's employees and authorized representatives, agents, and any Engineering Service Consultants, Consulting Engineers and Architects, Inspectors, and/or Testing Agencies retained by the District. Any exceptions to the employment or compensation to any of the above named parties must be made in writing by the District. If the Contractor offers or provides employment or compensation to those named above during the term of the Contract, the Contract may be subject to termination for default.
11.8
PROHIBITED INTERESTS No member, director, officer or employee of the District during his or her tenure or for one year after that tenure shall have any interest, direct or indirect, in this Contract or proceeds under this Contract. END OF PART 11
PART 12 - TERMINATION OF THE CONTRACT 12.1 A.
TERMINATION OF CONTRACT FOR CAUSE An "Event of Default" as referred to in this section shall occur if the Contractor: 1.
Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or
2.
Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or
3.
Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or
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4.
Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and Subcontractor and Contractor and Supplier; or
5.
Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or
6.
Abandons, assigns or sublets the Contract without approval of the District; or
7.
Becomes bankrupt or is subject to appointment of a receiver on behalf of Contractor; or
8.
Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
B.
Upon the District's reasonable belief that there has been an Event of Default by Contractor, District may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) days from Contractor's receipt of District's written notice.
C.
If the Contractor does not timely cure its default, the District may, without waiver of any of its other rights and remedies, elect to terminate the Contract, or portion thereof. Upon the District's election to terminate the Contract, or portion thereof, the District shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the District deems advisable. The District shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the District. The District shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the District's sole judgment, best accomplish such completion. The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the District, shall be charged to the Contractor, and the expense so charged shall be deducted by the District out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Contract, then the Contractor or his surety or sureties shall promptly pay the amount of such excess so due. When the District terminates the Contract under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.
D.
The District will issue to the Contractor a written notice specifying that the Contract, or portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the District, the Contractor shall: 1.
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Stop all Work under the Contract; or if partial termination, stop Work relating to the terminated portion of the Contract;
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2.
Perform Work the District deems necessary to secure the work site for termination including measures to leave the worksite in a safe condition.
3.
Remove equipment from the site of Work, as specified by the District.
4.
Take such action as is reasonably necessary to protect materials from damage.
5.
Notify all Subcontractors and Suppliers that the Contract or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the District.
6.
Provide the District with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the District may request;
7.
Dispose of materials not used in the Work as directed by the District's Designated Representative. It shall be the Contractor's responsibility to provide the District (a) with good title to all materials purchased by the District hereunder, including materials for which partial payment has been made by District and (b) with bills of sale or other documents of title for such materials;
8.
Subject to the prior written approval of the District, settle all outstanding liabilities and all claims arising out of Subcontracts or orders for materials terminated hereunder. To the extent directed by the District, the Contractor shall assign to the District all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. District shall be at liberty to negotiate with and engage any Subcontractors who had contracted with Contractor for the Work.
9.
Furnish the District with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which federal funds are involved, all documentation required under the federal requirements included in the Contract; and
10.
Take such other actions as the District may direct.
E.
If only a portion of the Work has been terminated, Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with District or others in their performance and completion of the portion of the Work which was terminated.
F.
District may recover from Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of Contractor's default.
12.2 A.
TERMINATION FOR CONVENIENCE OF THE DISTRICT The District may terminate the Contract, in whole or in part, at any time and for any reason, whenever the District shall determine that such termination is in the best interests of the District. Any termination which is not based on the circumstances set forth in Section 12.1 above shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which
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performance of Work under the Contract is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and Work performed up to the date of termination and such additional compensation as the District deems proper and reasonable to effect termination. B.
Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 12.1 above.
C.
In the event that the District terminates this Contract under Section 12.1 above and it is determined for any reason that there was not sufficient cause to do so, the District's termination automatically will convert to a termination for convenience under this Section and the terms and conditions outlined in this Section automatically will be applied to effectuate the Contract termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section. END OF PART 12 END OF DOCUMENT 00 72 00
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SECTION 00 73 00 SUPPLEMENTAL GENERAL CONDITIONS The following Sections are supplemental to the General Conditions, Section 007200. SECTION 007316 007339 007343
DESCRIPTION INSURANCE REQUIREMENTS DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS PAYMENT OF PREVAILING WAGES
END OF DOCUMENT
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SECTION 00 73 16 INSURANCE REQUIREMENTS
PART 1 -
INSURANCE REQUIREMENTS
1.1. GENERAL A. Any person, firm or corporation Contractor authorizes to work upon the Property, including any subcontractor, shall be deemed to be Contractor's agent and shall be subject to all the applicable terms of this Section. Prior to entry upon the Property by such agents, Contractor shall provide AC TRANSIT with satisfactory evidence (e.g., in the form of a Certificate of Insurance) that it and its subcontractors or other agents who will perform work under this agreement are insured in accordance with the following. Such insurance shall remain in effect throughout the term of this Agreement and shall be at the sole cost and expense of Contractor (or its agents or subcontractors). 1.2. WORKERS' COMPENSATION COVERAGE A. Contractor shall at its own cost and expense, procure and maintain Workers' Compensation coverage to its employees, as required by the California Labor Code. The Contractor shall also maintain Employer's Liability coverage with minimum limits of $1 million. B. The policy shall contain a waiver of subrogation in favor of the AC Transit and its respective officers, directors, employees, volunteers and agents while acting in such capacity. C. Prior to commencing work or entering onto the Property, Contractor shall provide the District's Designated Representative with a certificate evidencing coverage, and upon request, a certified duplicate original of the policy. The certificate and policy shall also provide that the Contractors' policy will not be cancelled without 30 days prior written notice to the District's Designated Representative. 1.3. COMMERCIAL GENERAL LIABILITY A. Contractor shall, at its own cost and expense, procure and maintain Commercial General Liability insurance which shall include, as additional insureds, AC Transit, and its respective directors, officers, employees, volunteers and agents while acting in such capacity. B. The insurance shall provide bodily injury and property damage coverage with a combined single limit for bodily injury and property damage of at least $1 million per occurrence or claim and a general aggregate limit of at least $1 million. This insurance shall include but not be limited to premises and operations; contractual liability, personal and advertising injury; explosion, collapse, and underground coverage, products and completed operations, and broad form property damage. C. Prior to commencing work or entering onto the Property, Contractor shall provide the District's Designated Representative of the AC Transit with a Certificate(s) of Insurance evidencing coverage, and upon request, a certified duplicate original of the policy D. The policy(ies) shall indicate that it is primary to any other insurance and the insurance AC Transit Oakland, CA
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company(ies) providing such policy(ies) shall be liable thereunder for the full amount of any loss or claim, up to and including the total limit of liability, without right of contribution from any of the insurance effected or which may be effected by AC Transit. The policy shall contain a waiver of subrogation in favor of AC Transit and its respective directors, officers, employees, volunteers, and agents while acting in such capacity. E. The policy shall also contain either a Cross Liability endorsement or Severability of Interests Clause and stipulate that inclusion of the AC Transit as additional insureds shall not in any way affect AC TRANSIT's rights either as respects any claim, demand, suit or judgment made, brought or recovered against the Contractor. Said policy shall protect Contractor and AC Transit in the same manner as though a separate policy had been issued to it, but nothing in said policy shall operate to increase the insurance company's liability as set forth in its policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured. 1.4. AUTOMOBILE LIABILITY A. Contractor shall, at its own cost and expense, procure and maintain Business Automobile Liability insurance providing bodily injury and property damage coverage with a combined single limit of at least $1 million per occurrence for all owned, non-owned and hired automobiles. This insurance shall provide contractual liability covering all motor vehicles and mobile equipment to the extent coverage may be excluded from commercial general liability insurance. Such insurance shall include, as additional insureds, AC Transit and its respective directors, officers, employees, volunteers, and agents while acting in such capacity. Said policy shall contain a waiver of subrogation in favor of AC Transit and its respective directors, officers, employees, volunteers, and agents while acting in such capacity. Prior to commencing work or entering onto the Property, Contractor shall provide the Director, Procurement & Materials of AC TRANSIT with a Certificate(s) of Insurance evidencing coverage, and upon request, a certified duplicate original of the policy. B. If Contractor's property is self-insured, Contractor hereby agrees to waive any subrogation rights it may acquire in favor of AC Transit and its respective directors, officers, employees, volunteers, and agents while acting in such capacity. 1.5. BUILDER'S RISK INSURANCE A. Contractor will be responsible for purchasing and maintaining an "All Risks" Builder's Risk policy, excluding earthquake and flood coverage, insuring the interests of the District, the Contractor and subcontractors of all tiers. The Contractor will be responsible for any deductible under this policy on each and every loss occurrence. B. The policy will cover all materials, supplies and equipment that are intended for construction and specific installation in the project, while such materials, supplies and equipment are located at the project site, in transit and while temporarily located away from the project site. The policy will also cover all physical loss to the work on a replacement cost basis with limits no less than the total Contract value. Any loss under the insurance shall be payable to the District and the Contractor as their interests appear in the damaged property. C. Any property not covered by the Builder's Risk insurance policy, such as the Contractor's or any subcontractor's personal property, shall also be the Contractor's responsibility. The District will not be responsible for loss or damage to property of any kind owned or leased by the Contractor, AC Transit Oakland, CA
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the Contractor's subcontractors of all tiers, and/or the Contractor's and subcontractors' employees or agents. D. The Contractor shall provide a Certificate of Insurance to the District evidencing this insurance, as well as a waiver of subrogation endorsement. 1.6. GENERAL INSURANCE REQUIREMENTS A. Acceptable Insurance 1. All policies will be issued by insurers acceptable to AC TRANSIT (generally with a Best's Rating of no less than “A-:VII”). Upon evidence of financial capacity satisfactory to AC TRANSIT, Contractor's obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance. All insurance specified above shall remain in force until all work to be performed is satisfactorily completed, all of Contractor's personnel and equipment have been removed from the Property, and the Work has been formally accepted. The failure to procure or maintain required insurance and/or an adequately funded selfinsurance program will constitute a material breach of this Agreement. 2. Prior to commencing work or entering onto the Property, Contractor shall provide the District's Designated Representative with a Certificate(s) of Insurance evidencing the coverage listed above, and upon request, a certified duplicate original of the policy(ies). The Certificate shall stipulate that the insurance company(ies) issuing such policy(ies) shall give written notice to the Contract Specialist of any material alteration or reduction in coverage of aggregate limits, if such limits apply, and provide at least thirty (30) days' notice of cancellation. B. Claims-Made Insurance 1. If any insurance specified above shall be provided on a claim-made basis, then in addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Contractor's start of work (including subsequent policies purchased as renewals or replacements). b. Contractor shall make every effort to maintain similar insurance for at least three (3) years following project completion, including the requirement of adding all named insureds. c. If insurance is terminated for any reason, Contractor agrees to purchase an extended reporting provision of at least two years to report claims arising from work performed in connection with this Agreement or Permit. d. Policy allows for reporting of circumstances or incidents that might give rise to future claims. C. Failure to Procure or Maintain Insurance 1. The failure to procure or maintain required insurance and/or an adequately funded selfinsurance program will constitute a material breach of the agreement.
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D. Regulatory Compliance 1. In addition to the requirements described above, Contractor shall comply with any additional coverages required by the United States Department of Transportation, the Environmental Protection Agency and/or related state and local laws, rules and regulations. The Contractor and/or subcontractors shall obtain all permits, licenses and other forms or documentation which are required and forward them with the required evidence of insurance to District. E. Terms of Policies 1. Except as provided in Section B concerning claims made insurance policies, all insurance specified above shall remain in force until all work to be performed is satisfactorily completed, all of Contractor's personnel and equipment have been removed from District's property, and the Work has been formally accepted. F. Evidence of Insurance 1. The Contractor shall furnish to the District Certificates of Insurance or, upon request a certified copy of all policies, for all specified coverages prior to commencing work within ten (10) business days of award of Contract. All policies and certificates required hereunder shall provide for thirty (30) days written notice to the District of cancellation or reduction in limits. The certificates and policies shall also evidence any specific requirements of coverage as set forth in this Section. G. Reporting of Incidents, Losses or Claims 1. The Contractor agrees to immediately notify AC TRANSIT's Project Manager and the Construction Manager following any accident or injury, which occurs in connection with the Work under this Contract. In addition, the Contractor shall provide a detailed written report of the accident or injury to AC TRANSIT within seven (7) days of its occurrence. END OF DOCUMENT
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SECTION 00 73 39 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS
A. This solicitation and resulting contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 8%. A separate contract goal has not been established for this procurement. B. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the District deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). C. The successful bidder/offeror will be required to report its DBE participation obtained through raceneutral means throughout the period of performance D. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the District. E. The contractor must promptly notify the District whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the District. F. Use of DBE Financial Institutions a. Pursuant to 49 CFR §26.27, the District strongly encourages contractors and subcontractors to utilize the services offered by DBE financial institutions A list of DBE financial institutions can be found online at httr.//www.fms treas.gov/mbdp/current list.html or provided by the Districts Contracts Compliance Administrator, Phillip McCants via email request to
[email protected]. END OF DOCUMENT 00 73 39
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SECTION 00 73 43 PREVAILING WAGES
1.1. PAYMENT OF PREVAILING WAGES 1. This contract will be subject to both federal and state prevailing wage laws. The federal requirements (Davis-Bacon Act) are included in Section 007373of the Contract Documents. The state requirements are set forth below in Section 1.02. To the extent the contract provisions required by the FTA and State law cover the same job classification, the Contractor is required to pay the higher of the two wage decisions. 1.2. CALIFORNIA PREVAILING WAGE REQUIREMENTS A. General 1. The Contractor and any subcontractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor shall, as a penalty forfeit to the state or political subdivision not more than $50 for each calendar day, or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which the worker is employed under the contract. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of whether the failure to pay the correct rate of per diem wages was due to the Contractor's good-faith mistake, and on the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations. In addition to said penalty, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. 2. If a worker employed by a subcontractor on a public works project is not paid at least the general prevailing per diem wages by the subcontractor, the Contractor shall not be liable for the penalties described above unless the Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements: 1. The contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code. 2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. 3. Upon becoming aware of the subcontractor's failure to pay at least the specified prevailing rate of wages to the subcontractor's workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public work project.
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4. Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid at least the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amount due pursuant to 1813 of the Labor Code. a. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers at least the general prevailing rate per diem wages. b. Pursuant to the provisions of Section 1773 of the Labor Code, the District has obtained the general prevailing rate of wages applicable to categories of workers the District anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workers concerned, or if no collective bargaining applies, those holidays identified in Government Code Section 6700. Prevailing wage rates for this project are available at the District's Contracts Compliance Office, 1600 Franklin Street, Oakland, CA 94612, 5th Floor (telephone number: 510-891-5443). Wage rates can also be viewed online at the Department of Industrial Relations website (State) http://www.dir.ca.gov/ or http://www.dol.gov/ (federal). In the event that the Contractor intends to utilize categories of workers different from, or in addition to, those anticipated by the District, it shall be Contractor's responsibility to bring such categories of workers to the District's attention immediately, and to obtain the appropriate wage rate from the Department of Industrial Relations (with the District's assistance if necessary). (See Title 8 California Code of Regulations Section 16202.) c. The Contractor shall post general prevailing wage rates at a prominent place at the site of the work. d. Pursuant to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the District's bid issuance date. 1.3. FUTURE WAGE INCREASES 1. The District will not recognize any claim for additional compensation based on the payment by the Contractor of any increased wage rate required during the term of the Contract to the state prevailing wage rate, or the federal minimum wage rate. The possibility of wage increases during the course of the Contract is one of the elements to be considered by the Contractor in determining the bid, and such wage increases will not, under any circumstances, be considered as the basis of a claim against the awarding body with regard to the Contract. 1.4. GENERAL WAGE DETERMINATIONS 1. The General Wage Determinations issued under the Davis-Bacon and related Acts can be found at: AC Transit Oakland, CA
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2. http://www.gpo.gov/davisbacon/ END OF DOCUMENT
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SECTION 01 10 00 SUMMARY PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section Includes: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.
B.
Related Requirements: 1. 2. 3.
1.3 A.
Section 015000 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. Section 013200 “Construction Progress Documentation” Section 013100 “Project management and Coordination”
PROJECT INFORMATION Project Identification: AC Transit Boardroom Upgrade IFB No. 2016-1366. 1.
B.
Project information. Work covered by Contract Documents. Phased construction. Work by Owner. Work under separate contracts. Future work. Purchase contracts. Owner-furnished products. Contractor-furnished, Owner-installed products. Access to site. Coordination with occupants. Work restrictions. Specification and drawing conventions. Miscellaneous provisions.
Project Location: 1600 Franklin Street, 2nd floor board room area, Oakland CA 94612
Owner: (referred to as “District”): AC Transit, 1600 Franklin Street, Oakland, CA 94612
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1.
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Owner's Representative: Magnus Hienzsch.
C.
Architect: STV Incorporated, 560 14th Street, Oakland CA 94612
D.
Architect's Consultants: The Architect has retained the following design professionals who have prepared designated portions of the Contract Documents: 1.
1.4 A.
B.
WORK COVERED BY CONTRACT DOCUMENTS The Work of Project is defined by the Contract Documents and consists of the following: 1.
Base Bid Upgrade to flooring of area roughly 4,000SF including, but not limited to board room, lobby, elevator lobby and main stairs and landings. Remove fixed seating, Replace finishes including carpet, wall coverings, acoustic panels and paint. Upgrade electrical and audio visual systems including new monitors, speakers, microphones and outlets, some requiring core drill of existing structural slab, Provide new custom desks and lectern to match finishes of existing dais, HVAC upgrade to audio visual room and insta-heat hot water at existing toilet rooms. Metal stud wall reinforcement and sheetrock work.
2.
Add Alternate 1: Upgrade of flooring of area about 700SF including the corridor, AV room, lounge, meeting room, and adjacent offices. Includes all work in meeting room including cabinet demo and wainscot wall covering installation, as well as provision of a wall mounted monitor.
3.
Add Alternate 2: Fabricate aluminum gates with hardware to match existing railing. Reinforcement of the wall for support of gate jambs, and subsequent wall repair.
Type of Contract: 1.
1.5
Mechanical & Electrical Engineers: E Design C. 212 9th Street, Suite 203 Oakland, CA 94607
Project will be constructed under a single prime contract.
WORK UNDER SEPARATE CONTRACTS
A.
General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract or other contracts. Coordinate the Work of this Contract with work performed under separate contracts.
B.
Work under other contracts, including but not limited to those listed in this section, may be underway during the time of performance of this Contract. The Contractor must coordinate its work with other Contracts as required by General Conditions Section 007200 and Project management and Coordination , Section 013100.
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1.
General Office Weatherization: Includes building envelope repairs and upgrades, electrical and mechanical work.
2.
There is no coordination required between these two contracts.
C.
Information regarding work under other contracts may be obtained by inspection of documents at the District’s Office, and copies may be obtained at the cost of reproduction and handling upon Bidder’s request and payment. These documents are not part of the Contract Documents.
D.
In the event that the performance of Work on contracts other than those listed herein shall occur and the performance of Work on such other contracts materially increases or decreases the Contractor’s costs, the work and the amount to be paid therefore will be appropriately adjusted as determined by the Project Manager.
1.6
ACCESS TO SITE
A.
General: Contractor shall have use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.
B.
Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1.
C.
1.7 A.
Driveways, Walkways and Entrances: Keep driveways of parking garage, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.
Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weather-tight condition throughout construction period. Repair damage caused by construction operations. COORDINATION WITH OCCUPANTS Full District Occupancy: District will occupy site and existing building during entire construction period. Cooperate with District during construction operations to minimize conflicts and facilitate District usage. Perform the Work so as not to interfere with District's day-to-day operations. Maintain existing exits unless otherwise indicated. 1.
AC Transit Oakland, CA
Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from District and approval of authorities having jurisdiction. SUMMARY Section 01 10 00 – Page 3 of 5
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2.
1.8 A.
Work Restrictions, General: Comply with restrictions on construction operations.
Weekend Hours: 6:00 a.m. to 5:00 p.m.. Hours for Core Drilling or other noisy activities-Notify Project Manager 48 hours in advance of start of Core drilling to allow time to notify District employees and the public, as well as to allow for coordination with on–going District operations within the building.
Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by District or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated: 1. 2.
D.
Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.
On-Site Work Hours: Limit work in the existing building to normal business working hours of 6 a.m. to 4 p.m., Monday through Friday, unless otherwise indicated. 1. 2.
C.
Notify District not less than 72 hours in advance of activities that will affect District's operations.
WORK RESTRICTIONS
1. B.
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Notify Construction Manager not less than two days in advance of proposed utility interruptions. Obtain Construction Manager's written permission before proceeding with utility interruptions.
Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to District occupancy with District. 1. 2.
Notify Construction Manager not less than two days in advance of proposed disruptive operations. Obtain Construction Manager's written permission before proceeding with disruptive operations.
E.
Nonsmoking Building: Smoking is not permitted within the building or within 25 feet of entrances, operable windows, or outdoor –air intakes.
F.
Employee Identification: District will provide identification tags for Contractor personnel working on Project site. Require personnel to use identification tags at all times.
1.9 A.
SPECIFICATION AND DRAWING CONVENTIONS Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:
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1.
2.
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Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. Specification requirements are to be performed by Contractor unless specifically stated otherwise.
B.
Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.
C.
Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products: 1. 2. 3.
Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION
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SECTION 01 22 00 UNIT PRICES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for unit prices.
B.
Related Requirements: 1. 2.
1.3 A.
1.4
Section 007200 "General Conditions" for procedures for submitting and handling Change Orders. Section 014000 "Quality Requirements" for general testing and inspecting requirements.
DEFINITIONS Unit price is an amount incorporated in the Agreement, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased. PROCEDURES
A.
Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit.
B.
Measurement and Payment: See individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections.
C.
District reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at District's expense, by an independent surveyor acceptable to Contractor.
D.
Work item shall be implemented only at Architect’s direction or with Architect’s written approval.
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E.
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List of Unit Prices: A schedule of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 A.
SCHEDULE OF UNIT PRICES Unit Price 1: Square foot of area to receive carpet tile. 1. 2.
B.
Unit Price No. 2: Lineal foot of wall to receive resilient base. 1. 2.
C.
Description: If District increases area to be carpeted – cost to remove existing floor tile and replace with new carpet tile. Unit of Measurement: Square Foot.
Description: Remove existing base and replace with new resilient base. Unit of Measurement: Lineal Foot
Unit Price No 3: Square foot of wall to receive preparation for and application of paint. 1. 2.
Description: clean and prep wall surface and apply new paint. Unit of Measurement: Square foot END OF SECTION
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SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for substitutions.
B.
Related Requirements: 1. 2.
1.3 A.
DEFINITIONS Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. 1.
2.
1.4 A.
Section 012300 "Alternates" for products selected under an alternate. Section 016000 "Product Requirements" for requirements for submitting comparable product submittals for products by listed manufacturers.
Substitutions for Cause: Changes proposed by Contractor that are required due to changed Project conditions, such as unavailability of product, regulatory changes, or unavailability of required warranty terms. Substitutions for Convenience: Changes proposed by Contractor or Owner that are not required in order to meet other Project requirements but may offer advantage to Contractor or Owner.
ACTION SUBMITTALS Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1.
Documentation: Show compliance with requirements for substitutions and the following, as applicable: a.
AC Transit Oakland, CA
Statement indicating why specified product or fabrication or installation cannot be provided, if applicable.
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b.
c.
d. e. f. g. h. i. j.
k. l.
m.
2.
b.
A.
Coordination information, including a list of changes or revisions needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Include annotated copy of applicable Specification Section. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, sustainable design characteristics, warranties, and specific features and requirements indicated. Indicate deviations, if any, from the Work specified. Product Data, including drawings and descriptions of products and fabrication and installation procedures. Samples, where applicable or requested. Certificates and qualification data, where applicable or requested. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. Research reports evidencing compliance with building code in effect for Project, from ICC-ES. Detailed comparison of Contractor's construction schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating date of receipt of purchase order, lack of availability, or delays in delivery. Cost information, including a proposal of change, if any, in the Contract Sum. Contractor's certification that proposed substitution complies with requirements in the Contract Documents except as indicated in substitution request, is compatible with related materials, and is appropriate for applications indicated. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results.
Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within seven days of receipt of a request for substitution. Architect will notify Contractor through Construction Manager of acceptance or rejection of proposed substitution within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a.
1.5
Contract No. 2016-1366
Forms of Acceptance: Change Order, Construction Change Directive, or Architect's Supplemental Instructions for minor changes in the Work. Use product specified if Architect does not issue a decision on use of a proposed substitution within time allocated.
QUALITY ASSURANCE Compatibility of Substitutions: Investigate and document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency to perform compatibility tests recommended by manufacturers.
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1.6 A.
Contract No. 2016-1366
PROCEDURES Coordination: Revise or adjust affected work as necessary to integrate work of the approved substitutions.
PART 2 - PRODUCTS 2.1 A.
SUBSTITUTIONS Substitutions for Cause: Submit requests for substitution immediately on discovery of need for change, but not later than 15 days prior to time required for preparation and review of related submittals. 1.
Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: a. b. c. d. e. f. g. h.
B.
Requested substitution is consistent with the Contract Documents and will produce indicated results. Substitution request is fully documented and properly submitted. Requested substitution will not adversely affect Contractor's construction schedule. Requested substitution has received necessary approvals of authorities having jurisdiction. Requested substitution is compatible with other portions of the Work. Requested substitution has been coordinated with other portions of the Work. Requested substitution provides specified warranty. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.
Substitutions for Convenience: Architect will consider requests for substitution if received within 60 days after commencement of the Work. Requests received after that time may be considered or rejected at discretion of Architect. 1.
Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: a.
AC Transit Oakland, CA
Requested substitution offers District a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities District must assume. District’s additional responsibilities may include compensation to Architect for redesign and evaluation services, increased cost of other construction by District, and similar considerations. SUBSTITUTION PROCEDURES Section 01 25 00 – Page 3 of 4
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b. c. d. e. f. g. h. i. j.
2.
Contract No. 2016-1366
Requested substitution does not require extensive revisions to the Contract Documents. Requested substitution is consistent with the Contract Documents and will produce indicated results. Substitution request is fully documented and properly submitted. Requested substitution will not adversely affect Contractor's construction schedule. Requested substitution has received necessary approvals of authorities having jurisdiction. Requested substitution is compatible with other portions of the Work. Requested substitution has been coordinated with other portions of the Work. Requested substitution provides specified warranty. If requested substitution involves more than one contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all contractors involved.
Review Costs: Contractor shall pay for costs of Architect to review substitution request at the Architect’s normal hourly rate for others services on this project.
PART 3 - EXECUTION (Not Used)
END OF SECTION 01 25 00
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Contract No. 2016-1366
SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. 2. 3. 4.
General coordination procedures. Coordination drawings. Requests for Information (RFIs). Project meetings.
B.
Each contractor shall participate in coordination requirements. Certain areas of responsibility are assigned to a specific contractor.
C.
Related Requirements: 1. 2. 3.
1.3 A.
1.4
Section 013200 "Construction Progress Documentation" for preparing and submitting Contractor's construction schedule. Section 017300 "Execution" for procedures for coordinating general installation, cutting and patching Section 017700 "Closeout Procedures" for coordinating closeout of the Contract.
DEFINITIONS RFI: Request from District, Architect, or Contractor seeking information required by or clarifications of the Contract Documents. INFORMATIONAL SUBMITTALS
A.
Subcontract List: See Section 002113 – Instructions To Bidders.
B.
Key Personnel Names: Within 15 days of starting construction operations, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and e-mail
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addresses. Provide names, addresses, and telephone numbers of individuals assigned as alternates in the absence of individuals assigned to Project. 1.
1.5 A.
Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and operation.
2. 3.
2.
3.
Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. Coordinate installation of different components with other contractors to ensure maximum performance and accessibility for required maintenance, service, and repair. Make adequate provisions to accommodate items scheduled for later installation.
Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1.
D.
Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. Coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair. Make adequate provisions to accommodate items scheduled for later installation.
Coordination: Each contractor shall coordinate its construction operations with those of other contractors and entities to ensure efficient and orderly installation of each part of the Work. Each contractor shall coordinate its operations with operations, included in different Sections, that depend on each other for proper installation, connection, and operation. 1.
C.
Keep list
GENERAL COORDINATION PROCEDURES
1.
B.
Post copies of list in project meeting room, in temporary field office. current at all times.
Prepare similar memoranda for District and separate contractors if coordination of their Work is required.
Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following:
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1. 2. 3. 4. 5. 6. 7. 8.
E.
A.
Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. See other Sections for disposition of salvaged materials that are designated as District's property.
REQUESTS FOR INFORMATION (RFIs) General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. 1. 2.
B.
Preparation of Contractor's construction schedule. Preparation of the schedule of values. Installation and removal of temporary facilities and controls. Delivery and processing of submittals. Progress meetings. Preinstallation conferences. Project closeout activities. Conservation provisions in “Conservation” Paragraph below may be difficult to enforce. Penalties for wasteful practices, if necessary, are more enforceable if made a condition of the Contract and added by the Supplementary Conditions. Insert specific conservation requirements in appropriate Sections.
Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. Coordinate use of temporary utilities to minimize waste. 1.
1.6
Contract No. 2016-1366
Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.
Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
AC Transit Oakland, CA
Project name. Project number. Date. Name of Contractor. Name of Architect. RFI number, numbered sequentially. RFI subject. Specification Section number and title and related paragraphs, as appropriate. Drawing number and detail references, as appropriate. Field dimensions and conditions, as appropriate. Contractor's suggested resolution. If Contractor's suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. Contractor's signature. PROJECT MANAGEMENT AND COORDINATION Section 01 31 00 – Page 3 of 9
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13.
Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a.
C.
Attachments shall be electronic files in Adobe Acrobat PDF format.
Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1.
The following Contractor-generated RFIs will be returned without action: a. b. c. d. e. f. g.
2. 3.
Requests for approval of submittals. Requests for approval of substitutions. Requests for approval of Contractor's means and methods. Requests for coordination information already indicated in the Contract Documents. Requests for adjustments in the Contract Time or the Contract Sum. Requests for interpretation of Architect's actions on submittals. Incomplete RFIs or inaccurately prepared RFIs.
Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 012600 "Contract Modification Procedures." a.
E.
Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.
RFI Forms: Software-generated form with substantially the same content as indicated above, acceptable to Architect. 1.
D.
Contract No. 2016-1366
If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response.
RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Use software log that is part of Project Web site. 1. 2. 3. 4. 5. 6. 7.
AC Transit Oakland, CA
Project name. Name and address of Contractor. Name and address of Architect. RFI number including RFIs that were returned without action or withdrawn. RFI description. Date the RFI was submitted. Date Architect's response was received.
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F.
On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. 1. 2.
1.7 A.
Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate.
PROJECT MEETINGS General: Schedule and conduct meetings and conferences at Project site unless otherwise indicated. 1.
2. 3.
B.
Contract No. 2016-1366
Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify District and Architect of scheduled meeting dates and times. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including District and Architect, within three days of the meeting.
Preconstruction Conference: Architect will schedule and conduct a preconstruction conference before starting construction, at a time convenient to District and Architect, but no later than 15 days after execution of the Agreement. 1. 2.
3.
Conduct the conference to review responsibilities and personnel assignments. Attendees: Authorized representatives of District Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. Agenda: Discuss items of significance that could affect progress, including the following: a. b. c. d. e. f. g. h. i. j. k. l. m. n.
AC Transit Oakland, CA
Tentative construction schedule. Phasing. Critical work sequencing and long-lead items. Designation of key personnel and their duties. Lines of communications. Procedures for processing field decisions and Change Orders. Procedures for RFIs. Procedures for testing and inspecting. Procedures for processing Applications for Payment. Distribution of the Contract Documents. Preparation of record documents. Use of the premises and existing building. Work restrictions. Working hours. PROJECT MANAGEMENT AND COORDINATION Section 01 31 00 – Page 5 of 9
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o. p. q. r. s. t. u. v. w. x. y. 4. C.
Contract No. 2016-1366
District's occupancy requirements. Responsibility for temporary facilities and controls. Procedures for moisture and mold control. Procedures for disruptions and shutdowns. Construction waste management and recycling. Parking availability. Office, work, and storage areas. Equipment deliveries and priorities. First aid. Security. Progress cleaning.
Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes.
Preinstallation Conferences: Conduct a preinstallation conference at Project site before each construction activity that requires coordination with other construction. 1.
2.
AC Transit Oakland, CA
Attendees: Installer and representatives of manufacturers and fabricators involved in or affected by the installation and its coordination or integration with other materials and installations that have preceded or will follow, shall attend the meeting. Advise Architect of scheduled meeting dates. Agenda: Review progress of other construction activities and preparations for the particular activity under consideration, including requirements for the following: a. Contract Documents. b. Options. c. Related RFIs. d. Related Change Orders. e. Purchases. f. Deliveries. g. Submittals. h. Review of mockups. i. Possible conflicts. j. Compatibility requirements. k. Time schedules. l. Weather limitations. m. Manufacturer's written instructions. n. Warranty requirements. o. Compatibility of materials. p. Acceptability of substrates. q. Temporary facilities and controls. r. Space and access limitations. s. Regulations of authorities having jurisdiction. t. Testing and inspecting requirements. u. Installation procedures. v. Coordination with other work. w. Required performance results. x. Protection of adjacent work. y. Protection of construction and personnel.
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3. 4. 5.
D.
Record significant conference discussions, agreements, and disagreements, including required corrective measures and actions. Reporting: Distribute minutes of the meeting to each party present and to other parties requiring information. Do not proceed with installation if the conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of the Work and reconvene the conference at earliest feasible date.
Project Closeout Conference: Schedule and conduct a project closeout conference, at a time convenient to District and Architect, but no later than 90 days prior to the scheduled date of Substantial Completion. 1. 2.
3.
Conduct the conference to review requirements and responsibilities related to Project closeout. Attendees: Authorized representatives of District, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following: a. b. c. d. e. f. g. h. i. j. k. l. m.
4. E.
Contract No. 2016-1366
Preparation of record documents. Procedures required prior to inspection for Substantial Completion and for final inspection for acceptance. Submittal of written warranties. Requirements for preparing operations and maintenance data. Requirements for delivery of material samples, attic stock, and spare parts. Requirements for demonstration and training. Preparation of Contractor's punch list. Procedures for processing Applications for Payment at Substantial Completion and for final payment. Submittal procedures. Coordination of separate contracts. District's partial occupancy requirements. Installation of District's furniture, fixtures, and equipment. Responsibility for removing temporary facilities and controls.
Minutes: Entity conducting meeting will record and distribute meeting minutes.
Progress Meetings: Conduct progress meetings at weekly intervals. 1. 2.
3.
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Coordinate dates of meetings with preparation of payment requests. Attendees: In addition to representatives of District and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. PROJECT MANAGEMENT AND COORDINATION Section 01 31 00 – Page 7 of 9
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a.
Contract No. 2016-1366
Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1)
b.
Review present and future needs of each entity present, including the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19)
4.
Interface requirements. Sequence of operations. Resolution of BIM component conflicts. Status of submittals. Deliveries. Off-site fabrication. Access. Site utilization. Temporary facilities and controls. Progress cleaning. Quality and work standards. Status of correction of deficient items. Field observations. Status of RFIs. Status of proposal requests. Pending changes. Status of Change Orders. Pending claims and disputes. Documentation of information for payment requests.
Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a.
F.
Review schedule for next period.
Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.
Coordination Meetings: Conduct Project coordination meetings at weekly intervals. Project coordination meetings are in addition to specific meetings held for other purposes, such as progress meetings and preinstallation conferences. 1.
AC Transit Oakland, CA
Attendees: In addition to representatives of District and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meetings shall be familiar with Project and authorized to conclude matters relating to the Work. PROJECT MANAGEMENT AND COORDINATION Section 01 31 00 – Page 8 of 9
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2.
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Agenda: Review and correct or approve minutes of the previous coordination meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a.
b.
c.
Combined Contractor's Construction Schedule: Review progress since the last coordination meeting. Determine whether each contract is on time, ahead of schedule, or behind schedule, in relation to combined Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. Schedule Updating: Revise combined Contractor's construction schedule after each coordination meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with report of each meeting. Review present and future needs of each contractor present, including the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14)
3.
Interface requirements. Sequence of operations. Resolution of BIM component conflicts. Status of submittals. Deliveries. Off-site fabrication. Access. Site utilization. Temporary facilities and controls. Work hours. Hazards and risks. Progress cleaning. Quality and work standards. Change Orders.
Reporting: Record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION
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Contract No. 2016-1366
SECTION 01 32 00 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. 2. 3. 4. 5. 6. 7.
B.
Related Requirements: 1. 2.
1.3 A.
Section 013300 "Submittal Procedures" for submitting schedules and reports. Section 014000 "Quality Requirements" for submitting a schedule of tests and inspections.
DEFINITIONS Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. 2. 3.
B.
Startup construction schedule. Contractor's construction schedule. Construction schedule updating reports. Daily construction reports. Material location reports. Site condition reports. Special reports.
Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times. Predecessor Activity: An activity that precedes another activity in the network. Successor Activity: An activity that follows another activity in the network.
Cost Loading: The allocation of the schedule of values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum unless otherwise approved by Architect.
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C.
CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project.
D.
Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float.
E.
Event: The starting or ending point of an activity.
F.
Float: The measure of leeway in starting and completing an activity. 1.
2. 3. G.
1.4 A.
Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled. INFORMATIONAL SUBMITTALS Format for Submittals: Submit required submittals in the following format: 1. 2. 3.
B.
Float time is not for the exclusive use or benefit of either District or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date.
Working electronic copy of schedule file, where indicated. PDF electronic file. Two paper copies.
Startup construction schedule. 1.
Approval of cost-loaded, startup construction schedule will not constitute approval of schedule of values for cost-loaded activities.
C.
Startup Network Diagram: Of size required to display entire network for entire construction period. Show logic ties for activities.
D.
Contractor's Construction Schedule: Initial schedule, of size required to display entire schedule for entire construction period. 1.
E.
Submit a working electronic copy of schedule, using software indicated, and labeled to comply with requirements for submittals. Include type of schedule (initial or updated) and date on label.
CPM Reports: Concurrent with CPM schedule, submit each of the following reports. Format for each activity in reports shall contain activity number, activity description, cost
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and resource loading, original duration, remaining duration, early start date, early finish date, late start date, late finish date, and total float in calendar days. 1. 2.
3. 4.
Activity Report: List of all activities sorted by activity number and then early start date, or actual start date if known. Logic Report: List of preceding and succeeding activities for all activities, sorted in ascending order by activity number and then early start date, or actual start date if known. Total Float Report: List of all activities sorted in ascending order of total float. Earnings Report: Compilation of Contractor's total earnings from commencement of the Work until most recent Application for Payment.
F.
Construction Schedule Updating Reports: Submit with Applications for Payment.
G.
Daily Construction Reports: Submit at weekly intervals.
H.
Material Location Reports: Submit at weekly intervals.
I.
Site Condition Reports: Submit at time of discovery of differing conditions.
J.
Special Reports: Submit at time of unusual event.
K.
Qualification Data: For scheduling consultant.
1.5
QUALITY ASSURANCE
A.
Scheduling Consultant Qualifications: An experienced specialist in CPM scheduling and reporting, with capability of producing CPM reports and diagrams within 24 hours of Architect's request.
B.
Prescheduling Conference: Conduct conference at Project site to comply with requirements in Section 013100 "Project Management and Coordination." Review methods and procedures related to the preliminary construction schedule and Contractor's construction schedule, including, but not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
AC Transit Oakland, CA
Review software limitations and content and format for reports. Verify availability of qualified personnel needed to develop and update schedule. Discuss constraints, including phasing work stages area separations interim milestones and partial District occupancy. Review delivery dates for District-furnished products. Review schedule for work of District's separate contracts. Review submittal requirements and procedures. Review time required for review of submittals and resubmittals. Review requirements for tests and inspections by independent testing and inspecting agencies. Review time required for Project closeout and District startup procedures. Review and finalize list of construction activities to be included in schedule. Review procedures for updating schedule. CONSTRUCTION PROGRESS DOCUMENTATION Section 01 32 00 - Page 3 of 9
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1.6 A.
Contract No. 2016-1366
COORDINATION Coordinate Contractor's construction schedule with the schedule of values, list of subcontracts, submittal schedule, progress reports, payment requests, and other required schedules and reports. 1. 2.
Secure time commitments for performing critical elements of the Work from entities involved. Coordinate each construction activity in the network with other activities and schedule them in proper sequence.
PART 2 - PRODUCTS 2.1 A.
CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL Time Frame: Extend schedule from date established for commencement of the Work to date of Substantial Completion. 1.
B.
Activities: Treat each story or separate area as a separate numbered activity for each main element of the Work. Comply with the following: 1. 2.
3.
4. 5.
6. C.
Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.
Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Architect. Procurement Activities: Include procurement process activities for the following long lead items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Procurement cycle activities include, but are not limited to, submittals, approvals, purchasing, fabrication, and delivery. Submittal Review Time: Include review and resubmittal times indicated in Section 013300 "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's construction schedule with submittal schedule. Startup and Testing Time: Include no fewer than 15 days for startup and testing. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect's administrative procedures necessary for certification of Substantial Completion. Punch List and Final Completion: Include not more than 30 days for completion of punch list items and final completion.
Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected. 1. 2.
AC Transit Oakland, CA
Phasing: Arrange list of activities on schedule by phase. Work under More Than One Contract: Include a separate activity for each contract. CONSTRUCTION PROGRESS DOCUMENTATION Section 01 32 00 - Page 4 of 9
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3. 4.
5.
6.
Work by District: Include a separate activity for each portion of the Work performed by District. Products Ordered in Advance: Include a separate activity for each product. Include delivery date indicated in Section 011000 "Summary." Delivery dates indicated stipulate the earliest possible delivery date. District-Furnished Products: Include a separate activity for each product. Include delivery date indicated in Section 011000 "Summary." Delivery dates indicated stipulate the earliest possible delivery date. Work Restrictions: Show the effect of the following items on the schedule: a. b. c. d. e. f. g. h.
7.
Subcontract awards. Submittals. Purchases. Mockups. Fabrication. Sample testing. Deliveries. Installation. Tests and inspections. Adjusting. Curing. Building flush-out. Startup and placement into final use and operation.
Construction Areas: Identify each major area of construction for each major portion of the Work. Indicate where each construction activity within a major area must be sequenced or integrated with other construction activities to provide for the following: a. b. c. d. e. f.
D.
Coordination with existing construction. Limitations of continued occupancies. Uninterruptible services. Partial occupancy before Substantial Completion. Use of premises restrictions. Provisions for future construction. Seasonal variations. Environmental control.
Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following: a. b. c. d. e. f. g. h. i. j. k. l. m.
8.
Contract No. 2016-1366
Structural completion. Temporary enclosure and space conditioning. Permanent space enclosure. Completion of mechanical installation. Completion of electrical installation. Substantial Completion.
Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, Substantial Completion, and final completion.
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E.
Cost Correlation: Superimpose a cost correlation timeline, indicating planned and actual costs. On the line, show planned and actual dollar volume of the Work performed as of planned and actual dates used for preparation of payment requests. 1.
F.
Contract No. 2016-1366
See Section 007200 "General Conditions" for cost reporting and payment procedures.
Upcoming Work Summary: Prepare summary report indicating activities scheduled to occur or commence prior to submittal of next schedule update. Summarize the following issues: 1. 2. 3. 4. 5.
Unresolved issues. Unanswered Requests for Information. Rejected or unreturned submittals. Notations on returned submittals. Pending modifications affecting the Work and Contract Time.
G.
Recovery Schedule: When periodic update indicates the Work is 14 or more calendar days behind the current approved schedule, submit a separate recovery schedule indicating means by which Contractor intends to regain compliance with the schedule. Indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished.
H.
Computer Scheduling Software: Prepare schedules using current version of a program that has been developed specifically to manage construction schedules.
2.2
STARTUP CONSTRUCTION SCHEDULE
A.
Bar-Chart Schedule: Submit startup, horizontal, bar-chart-type construction schedule within seven days of date established for commencement of the Work
B.
Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. Outline significant construction activities for first 90 days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities.
2.3
CONTRACTOR'S CONSTRUCTION SCHEDULE (GANTT CHART)
A.
Gantt-Chart Schedule: Submit a comprehensive, fully developed, horizontal, Gantt-charttype, Contractor's construction schedule within 30 days of date established for commencement of the Work. Base schedule on the startup construction schedule and additional information received since the start of Project.
B.
Preparation: Indicate each significant construction activity separately. Identify first workday of each week with a continuous vertical line. 1.
AC Transit Oakland, CA
For construction activities that require three months or longer to complete, indicate an estimated completion percentage in 10 percent increments within time bar. CONSTRUCTION PROGRESS DOCUMENTATION Section 01 32 00 - Page 6 of 9
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2.4
Contract No. 2016-1366
CONTRACTOR'S CONSTRUCTION SCHEDULE (CPM SCHEDULE)
A.
General: Prepare network diagrams using AON (activity-on-node) format.
B.
Startup Network Diagram: Submit diagram within 14 days of date established for commencement of the Work. Outline significant construction activities for the first 90 days of construction. Include skeleton diagram for the remainder of the Work and a cash requirement prediction based on indicated activities.
C.
Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using a network fragment to demonstrate the effect of the proposed change on the overall project schedule.
D.
Initial Issue of Schedule: Prepare initial network diagram from a sorted activity list indicating straight "early start-total float." Identify critical activities. Prepare tabulated reports showing the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
E.
Schedule Updating: Concurrent with making revisions to schedule, prepare tabulated reports showing the following: 1. 2. 3. 4. 5. 6. 7.
F.
Contractor or subcontractor and the Work or activity. Description of activity. Main events of activity. Immediate preceding and succeeding activities. Early and late start dates. Early and late finish dates. Activity duration in workdays. Total float or slack time. Average size of workforce. Dollar value of activity (coordinated with the schedule of values).
Identification of activities that have changed. Changes in early and late start dates. Changes in early and late finish dates. Changes in activity durations in workdays. Changes in the critical path. Changes in total float or slack time. Changes in the Contract Time.
Value Summaries: Prepare two cumulative value lists, sorted by finish dates. 1. 2. 3. 4.
AC Transit Oakland, CA
In first list, tabulate activity number, early finish date, dollar value, and cumulative dollar value. In second list, tabulate activity number, late finish date, dollar value, and cumulative dollar value. In subsequent issues of both lists, substitute actual finish dates for activities completed as of list date. Prepare list for ease of comparison with payment requests; coordinate timing with progress meetings. CONSTRUCTION PROGRESS DOCUMENTATION Section 01 32 00 - Page 7 of 9
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a. b.
2.5 A.
Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site:
7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.
List of subcontractors at Project site. List of separate contractors at Project site. Approximate count of personnel at Project site. Equipment at Project site. Material deliveries. High and low temperatures and general weather conditions, including presence of rain or snow. Accidents. Meetings and significant decisions. Unusual events (see special reports). Stoppages, delays, shortages, and losses. Meter readings and similar recordings. Emergency procedures. Orders and requests of authorities having jurisdiction. Change Orders received and implemented. Construction Change Directives received and implemented. Services connected and disconnected. Equipment or system tests and startups. Partial completions and occupancies. Substantial Completions authorized.
Material Location Reports: At weekly intervals, prepare and submit a comprehensive list of materials delivered to and stored at Project site. List shall be cumulative, showing materials previously reported plus items recently delivered. Include with list a statement of progress on and delivery dates for materials or items of equipment fabricated or stored away from Project site. Indicate the following categories for stored materials: 1. 2. 3.
C.
In both value summary lists, tabulate "actual percent complete" and "cumulative value completed" with total at bottom. Submit value summary printouts one week before each regularly scheduled progress meeting.
REPORTS
1. 2. 3. 4. 5. 6.
B.
Contract No. 2016-1366
Material stored prior to previous report and remaining in storage. Material stored prior to previous report and since removed from storage and installed. Material stored following previous report and remaining in storage.
Site Condition Reports: Immediately on discovery of a difference between site conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents.
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2.6
Contract No. 2016-1366
SPECIAL REPORTS
A.
General: Submit special reports directly to District within one day(s) of an occurrence. Distribute copies of report to parties affected by the occurrence.
B.
Reporting Unusual Events: When an event of an unusual and significant nature occurs at Project site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of results or effects, and similar pertinent information. Advise District in advance when these events are known or predictable.
PART 3 - EXECUTION 3.1 A.
CONTRACTOR'S CONSTRUCTION SCHEDULE Scheduling Consultant: Engage a consultant to provide planning, evaluation, and reporting using CPM scheduling. 1.
2.
B.
Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1.
2.
3. C.
In-House Option: District may waive the requirement to retain a consultant if Contractor employs skilled personnel with experience in CPM scheduling and reporting techniques. Submit qualifications. Meetings: Scheduling consultant shall attend all meetings related to Project progress, alleged delays, and time impact.
Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. As the Work progresses, indicate final completion percentage for each activity.
Distribution: Distribute copies of approved schedule to Architect District, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. 2.
Post copies in Project meeting rooms and temporary field offices. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION
AC Transit Oakland, CA
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SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals.
B.
Related Requirements: 1. 2. 3. 4.
1.3
Section 007200 "General Conditions" for submitting Applications for Payment and the schedule of values. Section 013200 "Construction Progress Documentation" for submitting schedules and reports, including Contractor's construction schedule. Section 017823 "Operation and Maintenance Data" for submitting operation and maintenance manuals. Section 017839 "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data.
DEFINITIONS
A.
Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals."
B.
Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals."
C.
File Transfer Protocol (FTP): Communications protocol that enables transfer of files to and from another computer over a network and that serves as the basis for standard Internet protocols. An FTP site is a portion of a network located outside of network firewalls within which internal and external users are able to access files.
D.
Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device-independent and display resolutionindependent fixed-layout document format.
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1.4 A.
ACTION SUBMITTALS Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making corrections or revisions to submittals noted by Architect and additional time for handling and reviewing submittals required by those corrections. 1. 2.
3.
Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. Initial Submittal: Submit concurrently with startup construction schedule. Include submittals required during the first 60 days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. a.
4.
A.
Scheduled date for first submittal. Specification Section number and title. Submittal category: Action; informational. Name of subcontractor. Description of the Work covered. Scheduled date for Architect's final release or approval. Scheduled date of fabrication. Scheduled dates for purchasing. Scheduled dates for installation. Activity or event number.
SUBMITTAL ADMINISTRATIVE REQUIREMENTS Architect's Digital Data Files: Electronic digital data files of the Contract Drawings will be provided by Architect for Contractor's use in preparing submittals. 1.
Architect will furnish Contractor one set of digital data drawing files of the Contract Drawings for use in preparing Shop Drawings and Project record drawings. a. b. c.
B.
Submit revised submittal schedule to reflect changes in current status and timing for submittals.
Format: Arrange the following information in a tabular format: a. b. c. d. e. f. g. h. i. j.
1.5
Contract No. 2016-1366
Architect makes no representations as to the accuracy or completeness of digital data drawing files as they relate to the Contract Drawings. Digital Drawing Software Program: The Contract Drawings are available in AutoCAD 2013. Contractor shall execute a data licensing agreement in the form of AIA Document C106, Digital Data Licensing Agreement.
Coordination: Coordinate preparation and processing of submittals with performance of construction activities.
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1. 2.
3. 4.
Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a.
C.
Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.
Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. 1.
2. 3. 4.
5.
D.
Contract No. 2016-1366
Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. Resubmittal Review: Allow 15 days for review of each resubmittal. Sequential Review: Where sequential review of submittals by Architect's consultants, District, or other parties is indicated, allow 21 days for initial review of each submittal. Concurrent Consultant Review: Where the Contract Documents indicate that submittals may be transmitted simultaneously to Architect and to Architect's consultants, allow 15 days for review of each submittal. Submittal will be returned to Architect before being returned to Contractor.
Paper Submittals: Place a permanent label or title block on each submittal item for identification. 1. 2.
3.
Indicate name of firm or entity that prepared each submittal on label or title block. Provide a space approximately 6 by 8 inches (150 by 200 mm) on label or beside title block to record Contractor's review and approval markings and action taken by Architect. Include the following information for processing and recording action taken: a. b. c. d. e. f. g. h. i.
AC Transit Oakland, CA
Project name. Date. Name of Architect. Name of Construction Manager. Name of Contractor. Name of subcontractor. Name of supplier. Name of manufacturer. Submittal number or other unique identifier, including revision identifier. SUBMITTAL PROCEDURES Section 01 33 00 - Page 3 of 12
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1)
j. k. l. m. 4.
Number and title of appropriate Specification Section. Drawing number and detail references, as appropriate. Location(s) where product is to be installed, as appropriate. Other necessary identification.
Additional Paper Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. a.
5.
Submit one copy of submittal to concurrent reviewer in addition to specified number of copies to Architect.
Transmittal for Paper Submittals: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will return without review submittals received from sources other than Contractor. a. b.
Transmittal Form for Paper Submittals: Use AIA Document G810. Transmittal Form for Paper Submittals: Provide locations on form for the following information: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19)
E.
Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 061000.01.A).
Project name. Date. Destination (To:). Source (From:). Name and address of Architect. Name of Construction Manager. Name of Contractor. Name of firm or entity that prepared submittal. Names of subcontractor, manufacturer, and supplier. Category and type of submittal. Submittal purpose and description. Specification Section number and title. Specification paragraph number or drawing designation and generic name for each of multiple items. Drawing number and detail references, as appropriate. Indication of full or partial submittal. Transmittal number, numbered consecutively. Submittal and transmittal distribution record. Remarks. Signature of transmitter.
Electronic Submittals: Identify and incorporate information in each electronic submittal file as follows:
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1.
2.
Assemble complete submittal package into a single indexed file incorporating submittal requirements of a single Specification Section and transmittal form with links enabling navigation to each item. Name file with submittal number or other unique identifier, including revision identifier. a.
3. 4.
File name shall use project identifier and Specification Section number followed by a decimal point and then a sequential number (e.g., LNHS061000.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., LNHS-061000.01.A).
Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Architect. Transmittal Form for Electronic Submittals: Use software-generated form from electronic project management software acceptable to District, containing the following information: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s.
5.
Contract No. 2016-1366
Project name. Date. Name and address of Architect. Name of Construction Manager. Name of Contractor. Name of firm or entity that prepared submittal. Names of subcontractor, manufacturer, and supplier. Category and type of submittal. Submittal purpose and description. Specification Section number and title. Specification paragraph number or drawing designation and generic name for each of multiple items. Drawing number and detail references, as appropriate. Location(s) where product is to be installed, as appropriate. Related physical samples submitted directly. Indication of full or partial submittal. Transmittal number, numbered consecutively. Submittal and transmittal distribution record. Other necessary identification. Remarks.
Metadata: Include the following information as keywords in the electronic submittal file metadata: a. b. c. d.
Project name. Number and title of appropriate Specification Section. Manufacturer name. Product name.
F.
Options: Identify options requiring selection by Architect.
G.
Deviations and Additional Information: On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements in
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Contract No. 2016-1366
the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. H.
Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. 2. 3.
Note date and content of previous submittal. Note date and content of revision in label or title block and clearly indicate extent of revision. Resubmit submittals until they are marked with approval notation from Architect's action stamp.
I.
Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.
J.
Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect's action stamp.
PART 2 - PRODUCTS 2.1 A.
SUBMITTAL PROCEDURES General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1.
Post electronic submittals as PDF electronic files directly to Project Web site specifically established for Project. a.
2.
Submit electronic submittals via email as PDF electronic files. a.
3. 4. 5.
Architect will return annotated file. Annotate and retain one copy of file as an electronic Project record document file.
Action Submittals: Submit three paper copies of each submittal unless otherwise indicated. Architect will return two copies. Informational Submittals: Submit two paper copies of each submittal unless otherwise indicated. Architect will not return copies. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. b.
AC Transit Oakland, CA
Architect will return annotated file. Annotate and retain one copy of file as an electronic Project record document file.
Provide a digital signature with digital certificate on electronically submitted certificates and certifications where indicated. Provide a notarized statement on original paper copy certificates and certifications where indicated. SUBMITTAL PROCEDURES Section 01 33 00 - Page 6 of 12
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B.
Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. 2. 3.
If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. Mark each copy of each submittal to show which products and options are applicable. Include the following information, as applicable: a. b. c. d. e. f. g. h.
4.
5. 6.
Manufacturer's catalog cuts. Manufacturer's product specifications. Standard color charts. Statement of compliance with specified referenced standards. Testing by recognized testing agency. Application of testing agency labels and seals. Notation of coordination requirements. Availability and delivery time information.
For equipment, include the following in addition to the above, as applicable: a. b. c. d.
Wiring diagrams showing factory-installed wiring. Printed performance curves. Operational range diagrams. Clearances required to other construction, if not indicated on accompanying Shop Drawings.
Submit Product Data before or concurrent with Samples. Submit Product Data in the following format: a. b.
C.
Contract No. 2016-1366
PDF electronic file. Three paper copies of Product Data unless otherwise indicated. Architect will return two copies.
Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal based on Architect's digital data drawing files is otherwise permitted. 1.
Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. b. c. d. e. f. g.
2.
AC Transit Oakland, CA
Identification of products. Schedules. Compliance with specified standards. Notation of coordination requirements. Notation of dimensions established by field measurement. Relationship and attachment to adjoining construction clearly indicated. Seal and signature of professional engineer if specified.
Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm), but no larger than 30 by 42 inches (750 by 1067 mm). SUBMITTAL PROCEDURES Section 01 33 00 - Page 7 of 12
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3.
Submit Shop Drawings in the following format: a. b.
D.
Contract No. 2016-1366
PDF electronic file. Two opaque (bond) copies of each submittal. Architect will return one copy.
Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. 2.
Transmit Samples that contain multiple, related components such as accessories together in one submittal package. Identification: Attach label on unexposed side of Samples that includes the following: a. b. c. d. e.
3.
4.
For projects where electronic submittals are required, provide corresponding electronic submittal of Sample transmittal, digital image file illustrating Sample characteristics, and identification information for record. Disposition: Maintain sets of approved Samples at Project site, available for qualitycontrol comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a.
b. 5.
AC Transit Oakland, CA
Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. Samples not incorporated into the Work, or otherwise designated as District's property, are the property of Contractor.
Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a.
6.
Generic description of Sample. Product name and name of manufacturer. Sample source. Number and title of applicable Specification Section. Specification paragraph number and generic name of each item.
Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected.
Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection.
SUBMITTAL PROCEDURES Section 01 33 00 - Page 8 of 12
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a.
Contract No. 2016-1366
Number of Samples: Submit three sets of Samples. Architect will retain two Sample sets; remainder will be returned. Mark up and retain one returned Sample set as a project record sample. 1)
2)
E.
Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations.
Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form: 1. 2. 3. 4. 5.
Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated. Manufacturer and product name, and model number if applicable. Number and name of room or space. Location within room or space. Submit product schedule in the following format: a. b.
PDF electronic file. Three paper copies of product schedule or list unless otherwise indicated. Architect will return two copies.
F.
Coordination Drawing Submittals: Comply with requirements specified in Section 013100 "Project Management and Coordination."
G.
Contractor's Construction Schedule: Comply with Section 013200 "Construction Progress Documentation."
H.
Application for Payment and Schedule of Values: Comply with requirements specified in Section 007200 "General Conditions."
I.
Test and Inspection Reports and Schedule of Tests and Inspections Submittals: Comply with requirements specified in Section 014000 "Quality Requirements."
J.
Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Section 017700 "Closeout Procedures."
K.
Maintenance Data: Comply with requirements specified in Section 017823 "Operation and Maintenance Data."
L.
Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and Districts, and other information specified.
M.
Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on AWS forms. Include names of firms and personnel certified.
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SUBMITTAL PROCEDURES Section 01 33 00 - Page 9 of 12
requirements
specified
in
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N.
Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.
O.
Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.
P.
Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents.
Q.
Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents.
R.
Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.
S.
Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.
T.
Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. 2. 3. 4. 5. 6. 7.
Name of evaluation organization. Date of evaluation. Time period when report is in effect. Product and manufacturers' names. Description of product. Test procedures and results. Limitations of use.
U.
Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.
V.
Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion.
W.
Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.
X.
Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a
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summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. 2.2 A.
DELEGATED-DESIGN SERVICES Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1.
B.
If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect.
Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF electronic file and three paper copies of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1.
Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services.
PART 3 - EXECUTION 3.1
CONTRACTOR'S REVIEW
A.
Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect.
B.
Project Closeout and Maintenance Section 017700 "Closeout Procedures."
C.
Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents.
3.2
Material
Submittals:
See
requirements
in
ARCHITECT'S ACTION
A.
Action Submittals: Architect will review each submittal, make marks to indicate corrections or revisions required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action.
B.
Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party.
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C.
Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect.
D.
Incomplete submittals are unacceptable, will be considered nonresponsive, and will be returned for resubmittal without review.
E.
Submittals not required by the Contract Documents may be returned by the Architect without action. END OF SECTION 01 33 00
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SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for quality assurance and quality control.
B.
Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements. 1.
2.
3.
4.
1.3
Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements. Requirements for Contractor to provide quality-assurance and -control services required by Architect, District or authorities having jurisdiction are not limited by provisions of this Section. Specific test and inspection requirements are not specified in this Section and are listed in the Technical Sections.
DEFINITIONS
A.
Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.
B.
Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect.
C.
Mockups: Full-size physical assemblies that are constructed on-site. Mockups are constructed to verify selections made under Sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless
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otherwise indicated, approved mockups establish the standard by which the Work will be judged. 1. 2.
3.
Laboratory Mockups: Full-size physical assemblies constructed at testing facility to verify performance characteristics. Integrated Exterior Mockups: Mockups of the exterior envelope erected separately from the building but on Project site, consisting of multiple products, assemblies, and subassemblies. Room Mockups: Mockups of typical interior spaces complete with wall, floor, and ceiling finishes, doors, windows, millwork, casework, specialties, furnishings and equipment, and lighting.
D.
Preconstruction Testing: Tests and inspections performed specifically for Project before products and materials are incorporated into the Work, to verify performance or compliance with specified criteria.
E.
Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements.
F.
Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop.
G.
Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work.
H.
Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency.
I.
Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations. 1.
J.
1.4
Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s).
Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of five previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction. CONFLICTING REQUIREMENTS
A.
Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding.
B.
Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within
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reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding. 1.5
INFORMATIONAL SUBMITTALS
A.
Contractor's Quality-Control Plan: For quality-assurance and quality-control activities and responsibilities.
B.
Qualification Data : For Contractor's quality-control personnel.
C.
Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.
D.
Schedule of Tests and Inspections: Prepare in tabular form and include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9.
1.6
Specification Section number and title. Entity responsible for performing tests and inspections. Description of test and inspection. Identification of applicable standards. Identification of test and inspection methods. Number of tests and inspections required. Time schedule or time span for tests and inspections. Requirements for obtaining samples. Unique characteristics of each quality-control service.
CONTRACTOR'S QUALITY-CONTROL PLAN
A.
Quality-Control Plan, General: Submit quality-control plan within 10 days of Notice of Award and not less than five days prior to preconstruction conference. Submit in format acceptable to Architect. Identify personnel, procedures, controls, instructions, tests, records, and forms to be used to carry out Contractor's quality-assurance and qualitycontrol responsibilities. Coordinate with Contractor's construction schedule.
B.
Quality-Control Personnel Qualifications: Engage qualified full-time personnel trained and experienced in managing and executing quality-assurance and quality-control procedures similar in nature and extent to those required for Project. 1.
Project quality-control manager may also serve as Project superintendent.
C.
Submittal Procedure: Describe procedures for ensuring compliance with requirements through review and management of submittal process. Indicate qualifications of personnel responsible for submittal review.
D.
Testing and Inspection: In quality-control plan, include a comprehensive schedule of Work requiring testing or inspection, including the following:
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1.
2. 3.
Contract No. 2016-1366
Contractor-performed tests and inspections including subcontractor-performed tests and inspections. Include required tests and inspections and Contractor-elected tests and inspections. Special inspections required by authorities having jurisdiction and indicated on the "Statement of Special Inspections." District-performed tests and inspections indicated in the Contract Documents.
E.
Continuous Inspection of Workmanship: Describe process for continuous inspection during construction to identify and correct deficiencies in workmanship in addition to testing and inspection specified. Indicate types of corrective actions to be required to bring work into compliance with standards of workmanship established by Contract requirements and approved mockups.
F.
Monitoring and Documentation: Maintain testing and inspection reports including log of approved and rejected results. Include work Architect has indicated as nonconforming or defective. Indicate corrective actions taken to bring nonconforming work into compliance with requirements. Comply with requirements of authorities having jurisdiction.
1.7 A.
REPORTS AND DOCUMENTS Test and Inspection Reports: Prepare and submit certified written reports specified in other Sections. Include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
B.
Date of issue. Project title and number. Name, address, and telephone number of testing agency. Dates and locations of samples and tests or inspections. Names of individuals making tests and inspections. Description of the Work and test and inspection method. Identification of product and Specification Section. Complete test or inspection data. Test and inspection results and an interpretation of test results. Record of temperature and weather conditions at time of sample taking and testing and inspecting. Comments or professional opinion on whether tested or inspected Work complies with the Contract Document requirements. Name and signature of laboratory inspector. Recommendations on retesting and reinspecting.
Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following: 1. 2. 3. 4. 5.
AC Transit Oakland, CA
Name, address, and telephone number of technical representative making report. Statement on condition of substrates and their acceptability for installation of product. Statement that products at Project site comply with requirements. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. Results of operational and other tests and a statement of whether observed performance complies with requirements. QUALITY REQUIREMENTS Section 01 40 00 - Page 4 of 9
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6. 7. C.
2. 3. 4. 5.
1.8
Statement whether conditions, products, and installation will affect warranty. Other required items indicated in individual Specification Sections.
Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following: 1.
D.
Contract No. 2016-1366
Name, address, and telephone number of factory-authorized service representative making report. Statement that equipment complies with requirements. Results of operational and other tests and a statement of whether observed performance complies with requirements. Statement whether conditions, products, and installation will affect warranty. Other required items indicated in individual Specification Sections.
Permits, Licenses, and Certificates: For District's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. QUALITY ASSURANCE
A.
General: Qualifications paragraphs in this article establish the minimum qualification levels required; individual Specification Sections specify additional requirements.
B.
Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.
C.
Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.
D.
Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance.
E.
Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project.
F.
Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated.
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1. G.
Contract No. 2016-1366
Requirements of authorities having jurisdiction shall supersede requirements for specialists.
Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 329; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities. 1. 2.
NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program.
H.
Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.
I.
Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.
J.
Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work: 1. 2. 3. 4. 5.
Build mockups in location and of size indicated or, if not indicated, as directed by Architect. Notify Architect seven days in advance of dates and times when mockups will be constructed. Employ supervisory personnel who will oversee mockup construction. Employ workers that will be employed during the construction at Project. Demonstrate the proposed range of aesthetic effects and workmanship. Obtain Architect's approval of mockups before starting work, fabrication, or construction. a.
6. 7. 1.9 A.
Allow seven days for initial review and each re-review of each mockup.
Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. Demolish and remove mockups when directed unless otherwise indicated.
QUALITY CONTROL District Responsibilities: Where quality-control services are indicated as District's responsibility, District will engage a qualified testing agency to perform these services. 1.
AC Transit Oakland, CA
District will furnish Contractor with names, addresses, and telephone numbers of testing agencies engaged and a description of types of testing and inspecting they are engaged to perform. QUALITY REQUIREMENTS Section 01 40 00 - Page 6 of 9
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2. 3.
B.
Contract No. 2016-1366
Payment for these services will be made from testing and inspecting allowances, as authorized by Change Orders. Costs for retesting and reinspecting construction that replaces or is necessitated by work that failed to comply with the Contract Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order.
Contractor Responsibilities: Tests and inspections not explicitly assigned to District are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not. 1.
2.
Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a.
3. 4. 5. 6.
Contractor shall not employ same entity engaged by District, unless agreed to in writing by District.
Notify testing agencies at least 24 hours in advance of time when Work that requires testing or inspecting will be performed. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.
C.
Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Section 013300 "Submittal Procedures."
D.
Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.
E.
Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents.
F.
Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections. 1. 2.
AC Transit Oakland, CA
Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services. Determine the location from which test samples will be taken and in which in-situ tests are conducted. QUALITY REQUIREMENTS Section 01 40 00 - Page 7 of 9
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3. 4. 5. 6. G.
4. 5. 6. 7.
A.
Schedule times for tests, inspections, obtaining samples, and similar activities.
Schedule of Tests and Inspections: Prepare a schedule of tests, inspections, and similar quality-control services required by the Contract Documents as a component of Contractor's quality-control plan. Coordinate and submit concurrently with Contractor's construction schedule. Update as the Work progresses. 1.
1.10
Access to the Work. Incidental labor and facilities necessary to facilitate tests and inspections. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples. Facilities for storage and field curing of test samples. Delivery of samples to testing agencies. Preliminary design mix proposed for use for material mixes that require control by testing agency. Security and protection for samples and for testing and inspecting equipment at Project site.
Coordination: Coordinate sequence of activities to accommodate required qualityassurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1.
I.
Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work. Do not perform any duties of Contractor.
Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following: 1. 2. 3.
H.
Contract No. 2016-1366
Distribution: Distribute schedule to District, Architect, testing agencies, and each party involved in performance of portions of the Work where tests and inspections are required.
SPECIAL TESTS AND INSPECTIONS Special Tests and Inspections: Conducted by a qualified testing agency or special inspector as required by authorities having jurisdiction, as indicated in individual Specification Sections, and as follows: 1.
2.
AC Transit Oakland, CA
Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviews the completeness and adequacy of those procedures to perform the Work. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services. QUALITY REQUIREMENTS Section 01 40 00 - Page 8 of 9
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3.
4. 5. 6.
Contract No. 2016-1366
Submitting a certified written report of each test, inspection, and similar qualitycontrol service to Architect with copy to Contractor and to authorities having jurisdiction. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents. Retesting and reinspecting corrected work.
PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 A.
TEST AND INSPECTION LOG Test and Inspection Log: Prepare a record of tests and inspections. Include the following: 1. 2. 3. 4.
B.
3.2 A.
Date test or inspection was conducted. Description of the Work tested or inspected. Date test or inspection results were transmitted to Architect. Identification of testing agency or special inspector conducting test or inspection.
Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Architect's reference during normal working hours. REPAIR AND PROTECTION General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes. 1.
Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 017300 "Execution."
B.
Protect construction exposed by or for quality-control service activities.
C.
Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services. END OF SECTION
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SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes requirements for temporary utilities, support facilities, and security and protection facilities.
B.
Related Requirements: 1.
1.3
Section 011000 "Summary" for work restrictions and limitations on utility interruptions.
USE CHARGES
A.
General: Installation and removal of, and use charges for temporary facilities shall be included in the Contract Sum unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Architect, testing agencies, and authorities having jurisdiction.
B.
Water and Sewer Service from Existing System: Water from District's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations.
C.
Electric Power Service from Existing System: Electric power from District's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations.
1.4
INFORMATIONAL SUBMITTALS
A.
Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel.
B.
Fire Safety Program: Show compliance with requirements of NFPA 241 and authorities having jurisdiction. Indicate Contractor personnel responsible for management of fireprevention program.
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C.
Moisture-Protection Plan: Describe procedures and controls for protecting materials and construction from water absorption and damage. 1. 2. 3.
D.
Describe delivery, handling, and storage provisions for materials subject to water absorption or water damage. Indicate procedures for discarding water-damaged materials, protocols for mitigating water intrusion into completed Work, and replacing water-damaged Work. Indicate sequencing of work that requires water, such as sprayed fire-resistive materials, plastering, and terrazzo grinding, and describe plans for dealing with water from these operations. Show procedures for verifying that wet construction has dried sufficiently to permit installation of finish materials.
Dust- and HVAC-Control Plan: Submit coordination drawing and narrative that indicates the dust- and HVAC-control measures proposed for use, proposed locations, and proposed time frame for their operation. Identify further options if proposed measures are later determined to be inadequate. Include the following: 1. 2. 3. 4. 5.
1.5
Contract No. 2016-1366
Locations of dust-control partitions at each phase of work. HVAC system isolation schematic drawing. Location of proposed air-filtration system discharge. Waste handling procedures. Other dust-control measures.
QUALITY ASSURANCE
A.
Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.
B.
Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.
C.
Accessible Temporary Egress: Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines.
1.6 A.
PROJECT CONDITIONS Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before District's acceptance, regardless of previously assigned responsibilities.
PART 2 - PRODUCTS 2.1 A.
MATERIALS Chain-Link Fencing: Minimum 2-inch thick, galvanized-steel, chain-link fabric fencing; minimum 6 feet (1.8 m) high with galvanized-steel pipe posts; minimum 2-3/8-inch- (60mm-) OD line posts and 2-7/8-inch- (73-mm-) OD corner and pull posts, with 1-5/8-inch(42-mm-) OD top rails. Provide concrete bases for supporting posts.
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B.
Polyethylene Sheet: Reinforced, fire-resistive sheet, 10-mil (0.25-mm) minimum thickness, with flame-spread rating of 15 or less per ASTM E 84 and passing NFPA 701 Test Method 2.
C.
Dust-Control Adhesive-Surface Walk-off Mats: Provide mats minimum 36 by 60 inches (914 by 1624 mm).
2.2
EQUIPMENT
A.
Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures.
B.
Air-Filtration Units: Primary and secondary HEPA-filter-equipped portable units with fourstage filtration. Provide single switch for emergency shutoff. Configure to run continuously.
2.3 A.
SWING STAGE Provide swing stage(s) and obtain certification for use of existing swing stage davits during project execution.
PART 3 - EXECUTION 3.1 A.
INSTALLATION, GENERAL Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work. 1.
B.
3.2
Locate facilities to limit site disturbance as specified in Section 011000 "Summary."
Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. SUPPORT FACILITIES INSTALLATION
A.
Parking: Use designated areas of District's existing parking areas for construction personnel. Parking is limited to three personal cars and ne pickup size truck.
B.
Comply with the City of Oakland “Construction and Demolition Debris Waste Reduction and Recycling Requirements” (Chapter 15.34, Oakland Municipal Code).
C.
Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1.
AC Transit Oakland, CA
Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities.
TEMPORARY FACILITIES AND CONTROLS Section 01 50 00 - Page 3 of 6
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D.
Existing Elevator Use: Use of District's existing elevators will be permitted, provided elevators are cleaned and maintained in a condition acceptable to District. At Substantial Completion, restore elevators to condition existing before initial use, including replacing worn cables, guide shoes, and similar items of limited life. 1. 2.
E.
Do not load elevators beyond their rated weight capacity. Provide protective coverings, barriers, devices, signs, or other procedures to protect elevator car and entrance doors and frame. If, despite such protection, elevators become damaged, engage elevator Installer to restore damaged work so no evidence remains of correction work. Return items that cannot be refinished in field to the shop, make required repairs and refinish entire unit, or provide new units as required.
Existing Stair Usage: Use of District's existing stairs will be permitted, provided stairs are cleaned and maintained in a condition acceptable to District. At Substantial Completion, restore stairs to condition existing before initial use. 1.
3.3
Contract No. 2016-1366
Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If stairs become damaged, restore damaged areas so no evidence remains of correction work.
SECURITY AND PROTECTION FACILITIES INSTALLATION
A.
Protection of Existing Facilities: Protect existing vegetation, equipment, structures, utilities, and other improvements at Project site and on adjacent properties, except those indicated to be removed or altered. Repair damage to existing facilities.
B.
Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. 1.
Comply with work restrictions specified in Section 011000 "Summary."
C.
Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion.
D.
Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting.
E.
Temporary Egress: Maintain temporary egress from existing occupied facilities as indicated and as required by authorities having jurisdiction.
F.
Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior.
G.
Temporary Partitions: Provide floor-to-ceiling dustproof partitions to limit dust and dirt migration and to separate areas occupied by District from fumes and noise.
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1.
Construct dustproof partitions with two layers of 6-mil (0.14-mm) polyethylene sheet on each side. Cover floor with two layers of 6-mil (0.14-mm) polyethylene sheet, extending sheets 18 inches (460 mm) up the sidewalls. Overlap and tape full length of joints. Cover floor with fire-retardant-treated plywood. a.
2. 3.4
Contract No. 2016-1366
Construct vestibule and airlock at each entrance through temporary partition with not less than 48 inches (1219 mm) between doors. Maintain waterdampened foot mats in vestibule.
Provide walk-off mats at each entrance through temporary partition.
MOISTURE AND MOLD CONTROL
A.
Contractor's Moisture-Protection Plan: Avoid trapping water in finished work. Document visible signs of mold that may appear during construction.
B.
Exposed Construction Phase: Before installation of weather barriers, when materials are subject to wetting and exposure and to airborne mold spores, protect as follows: 1. 2. 3. 4. 5.
C.
Partially Enclosed Construction Phase: After installation of weather barriers but before full enclosure and conditioning of building, when installed materials are still subject to infiltration of moisture and ambient mold spores, protect as follows: 1. 2. 3. 4. 5. 6. 7.
3.5
Protect porous materials from water damage. Protect stored and installed material from flowing or standing water. Keep porous and organic materials from coming into prolonged contact with concrete. Remove standing water from decks. Keep deck openings covered or dammed.
Do not load or install drywall or other porous materials or components, or items with high organic content, into partially enclosed building. Keep interior spaces reasonably clean and protected from water damage. Periodically collect and remove waste containing cellulose or other organic matter. Discard or replace water-damaged material. Do not install material that is wet. Discard, replace, or clean stored or installed material that begins to grow mold. Perform work in a sequence that allows any wet materials adequate time to dry before enclosing the material in drywall or other interior finishes.
OPERATION, TERMINATION, AND REMOVAL
A.
Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses.
B.
Maintenance: Maintain facilities in good operating condition until removal. 1.
AC Transit Oakland, CA
Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage. TEMPORARY FACILITIES AND CONTROLS Section 01 50 00 - Page 5 of 6
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C.
Contract No. 2016-1366
Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. 2.
3.
Materials and facilities that constitute temporary facilities are property of Contractor. District reserves right to take possession of Project identification signs. Remove temporary roads and paved areas not intended for or acceptable for integration into permanent construction. Where area is intended for landscape development, remove soil and aggregate fill that do not comply with requirements for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns. Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having jurisdiction. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 017700 "Closeout Procedures." END OF SECTION 01 50 00
AC Transit Oakland, CA
TEMPORARY FACILITIES AND CONTROLS Section 01 50 00 - Page 6 of 6
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Contract No. 2016-1366
SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 A.
1.2
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY
A.
Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.
B.
Related Requirements: 1. 2. 3.
1.3 A.
DEFINITIONS Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1.
2.
3.
B.
Section 012100 "Allowances" for products selected under an allowance. Section 012300 "Alternates" for products selected under an alternate. Section 012500 "Substitution Procedures" for requests for substitutions.
Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, inservice performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.
Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification.
AC Transit Oakland, CA
PRODUCT REQUIREMENTS Section 01 60 00 - Page 1 of 5
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1.4 A.
ACTION SUBMITTALS Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. 2.
Include data to indicate compliance with the requirements specified in "Comparable Products" Article. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. b.
B.
1.5 A.
Form of Approval: As specified in Section 013300 "Submittal Procedures." Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated.
Basis-of-Design Product Specification Submittal: Comply with requirements Section 013300 "Submittal Procedures." Show compliance with requirements.
in
QUALITY ASSURANCE Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options. 1. 2.
1.6
Contract No. 2016-1366
Each contractor is responsible for providing products and construction methods compatible with products and construction methods of other contractors. If a dispute arises between contractors over concurrently selectable but incompatible products, Architect will determine which products shall be used.
PRODUCT DELIVERY, STORAGE, AND HANDLING
A.
Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.
B.
Delivery and Handling: 1. 2.
3.
4.
AC Transit Oakland, CA
Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected. PRODUCT REQUIREMENTS Section 01 60 00 - Page 2 of 5
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C.
Storage: 1. 2. 3.
4. 5. 6. 7.
1.7 A.
Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.
2.
Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to District. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for District.
Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. 1. 2. 3.
C.
Store products to allow for inspection and measurement of quantity or counting of units. Store materials in a manner that will not endanger Project structure. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. Protect stored products from damage and liquids from freezing. Provide a secure location and enclosure at Project site for storage of materials and equipment by District's construction forces. Coordinate location with District.
PRODUCT WARRANTIES
1.
B.
Contract No. 2016-1366
Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed. See other Sections for specific content requirements and particular requirements for submitting special warranties.
Submittal Time: Comply with requirements in Section 017700 "Closeout Procedures."
PART 2 - PRODUCTS 2.1 A.
PRODUCT SELECTION PROCEDURES General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation. 1.
AC Transit Oakland, CA
Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect. PRODUCT REQUIREMENTS Section 01 60 00 - Page 3 of 5
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2.
3. 4. 5. 6.
B.
Contract No. 2016-1366
Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects. District reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents. Where products are accompanied by the term "as selected," Architect will make selection. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product.
Product Selection Procedures: 1.
2.
3.
Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered. Products: a.
b.
4.
Manufacturers: a.
b.
5.
AC Transit Oakland, CA
Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered unless otherwise indicated. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product.
Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered unless otherwise indicated. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product.
Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named. Comply with PRODUCT REQUIREMENTS Section 01 60 00 - Page 4 of 5
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requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers. C.
Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches. 1.
D.
2.2 A.
If no product available within specified category matches and complies with other specified requirements, comply with requirements in Section 012500 "Substitution Procedures" for proposal of product.
Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items. COMPARABLE PRODUCTS Conditions for Consideration: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements: 1.
2.
3. 4. 5.
Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. Evidence that proposed product provides specified warranty. List of similar installations for completed projects with project names and addresses and names and addresses of architects and Districts, if requested. Samples, if requested.
PART 3 - EXECUTION (Not Used) END OF SECTION
AC Transit Oakland, CA
PRODUCT REQUIREMENTS Section 01 60 00 - Page 5 of 5
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Contract No. 2016-1366
SECTION 01 73 00 EXECUTION PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. 2. 3. 4. 5. 6.
B.
Related Requirements: 1. 2. 3.
1.3
Construction layout. Installation of the Work. Cutting and patching, including exterior ceramic tile and stone paving. Progress cleaning. Starting and adjusting. Protection of installed construction.
Section 011000 "Summary" for limits on use of Project site. Section 024113 "Selective Demolition" for demolition and removal of selected portions of the building. Section 079200 "Joint Sealants" for joints in ceramic tile and stone walking surfaces.
DEFINITIONS
A.
Cutting: Removal of in-place construction necessary to permit installation or performance of other work.
B.
Patching: Fitting and repair work required to restore construction to original conditions after installation of other work.
1.4 A.
INFORMATIONAL SUBMITTALS Cutting and Patching Plan: Submit plan describing procedures at least 10 days prior to the time cutting and patching will be performed. Include the following information: 1. 2.
AC Transit Oakland, CA
Extent: Describe reason for and extent of each occurrence of cutting and patching. Changes to In-Place Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building appearance and other significant visual elements. EXECUTION Section 01 73 00 - Page 1 of 8
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3. 4. 5.
Products: List products to be used for patching and firms or entities that will perform patching work. Dates: Indicate when cutting and patching will be performed. Utilities and Mechanical and Electrical Systems: List services and systems that cutting and patching procedures will disturb or affect. List services and systems that will be relocated and those that will be temporarily out of service. Indicate length of time permanent services and systems will be disrupted. a.
1.5 A.
Contract No. 2016-1366
Include description of provisions for temporary services and systems during interruption of permanent services and systems.
QUALITY ASSURANCE Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1.
Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from Architect before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection
2.
Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. Operational elements include the following: a. b. c. d. e. f. g. h. i. j. k.
3.
Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety. Other construction elements include but are not limited to the following: a. b. c. d. e. f.
AC Transit Oakland, CA
Primary operational systems and equipment. Fire separation assemblies. Air or smoke barriers. Fire-suppression systems. Mechanical systems piping and ducts. Control systems. Communication systems. Fire-detection and -alarm systems. Conveying systems. Electrical wiring systems. Operating systems of special construction.
Water, moisture, or vapor barriers. Membranes and flashings. Exterior curtain-wall construction. Sprayed fire-resistive material. Equipment supports. Piping, ductwork, vessels, and equipment. EXECUTION Section 01 73 00 - Page 2 of 8
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g. 4.
Contract No. 2016-1366
Noise- and vibration-control elements and systems.
Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner.
B.
Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding.
C.
Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment.
PART 2 - PRODUCTS 2.1
MATERIALS
A.
General: Comply with requirements specified in other Sections.
B.
In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible. 1.
If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Architect for the visual and functional performance of in-place materials.
PART 3 - EXECUTION 3.1
EXAMINATION
A.
Existing Conditions: The existence and location utilities and construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of utilities, mechanical and electrical systems, and other construction affecting the Work.
B.
Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. 2.
AC Transit Oakland, CA
Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed. EXECUTION Section 01 73 00 - Page 3 of 8
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3. C.
3.2
Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers.
Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following: 1. 2. 3. 4.
D.
Contract No. 2016-1366
Description of the Work. List of detrimental conditions, including substrates. List of unacceptable installation tolerances. Recommended corrections.
Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. PREPARATION
A.
Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work.
B.
Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings.
C.
Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Section 013100 "Project Management and Coordination."
3.3 A.
3.4 A.
CONSTRUCTION LAYOUT Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings. If discrepancies are discovered, notify Architect promptly. INSTALLATION General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. 2. 3. 4.
B.
Make vertical work plumb and make horizontal work level. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated. Maintain minimum headroom clearance of 96 inches (2440 mm) in occupied spaces and 90 inches (2300 mm) in unoccupied spaces.
Comply with manufacturer's written instructions and recommendations for installing products in applications indicated.
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C.
Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion.
D.
Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy.
E.
Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations.
F.
Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.
G.
Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements.
H.
Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions. 1. 2. 3.
Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect. Allow for building movement, including thermal expansion and contraction. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.
I.
Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.
J.
Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous.
3.5 A.
CUTTING AND PATCHING Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1.
Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition.
B.
Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties.
C.
Temporary Support: Provide temporary support of work to be cut.
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D.
Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations.
E.
Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching according to requirements in Section 011000 "Summary."
F.
Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to minimize interruption to occupied areas.
G.
Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations. 1.
2. 3. 4.
5. H.
In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces. Concrete and Masonry: Cut using a cutting machine, such as an abrasive saw or a diamond-core drill. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting. Proceed with patching after construction operations requiring cutting are complete.
Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. 1. 2.
Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing. a. b.
3.
AC Transit Oakland, CA
Clean piping, conduit, and similar features before applying paint or other finishing materials. Restore damaged pipe covering to its original condition.
Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance.
EXECUTION Section 01 73 00 - Page 6 of 8
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a.
4. 5.
3.6 A.
Contract No. 2016-1366
Where patching occurs in a painted surface, prepare substrate and apply primer and intermediate paint coats appropriate for substrate over the patch, and apply final paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces.
Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an evenplane surface of uniform appearance. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition and ensures thermal and moisture integrity of building enclosure.
PROGRESS CLEANING General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. 2. 3.
Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F (27 deg C). Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a.
4.
Use containers intended for holding waste materials of type to be stored.
Coordinate progress cleaning for joint-use areas where Contractor and other contractors are working concurrently.
B.
Site: Maintain Project site free of waste materials and debris.
C.
Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. 2.
Remove liquid spills promptly. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate.
D.
Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.
E.
Concealed Spaces: Remove debris from concealed spaces before enclosing the space.
F.
Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.
G.
Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in
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Contract No. 2016-1366
Section 015000 “Temporary Facilities and Controls” and with City of Oakland Permit instructions H.
During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.
I.
Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects.
J.
Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.
3.7
STARTING AND ADJUSTING
A.
Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest.
B.
Adjust equipment for proper operation. Adjust operating components for proper operation without binding.
C.
Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.
D.
Manufacturer's Field Service: Comply with qualification requirements in Section 014000 "Quality Requirements."
3.8
PROTECTION OF INSTALLED CONSTRUCTION
A.
Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion.
B.
Comply with manufacturer's written instructions for temperature and relative humidity. END OF SECTION
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EXECUTION Section 01 73 00 - Page 8 of 8
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Contract No. 2016-1366
SECTION 01 77 00 CLOSEOUT PROCEDURES PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. 2. 3. 4. 5.
B.
1.3
Substantial Completion procedures. Final completion procedures. Warranties. Final cleaning. Repair of the Work.
Related Requirements: 1. Section 017300 "Execution" for progress cleaning of Project site. 2. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements. 3. Section 017839 "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. ACTION SUBMITTALS
A.
Product Data: For cleaning agents.
B.
Contractor's List of Incomplete Items: Initial submittal at Substantial Completion.
C.
Certified List of Incomplete Items: Final submittal at Final Completion.
1.4
CLOSEOUT SUBMITTALS
A.
Certificates of Release: From authorities having jurisdiction.
B.
Certificate of Insurance: For continuing coverage.
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1.5 A.
1.6
Contract No. 2016-1366
MAINTENANCE MATERIAL SUBMITTALS Schedule of Maintenance Material Items: For maintenance material submittal items specified in other Sections. SUBSTANTIAL COMPLETION PROCEDURES
A.
Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete.
B.
Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1.
2.
3.
4.
Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting District unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Architect. Label with manufacturer's name and model number where applicable. a.
5. C.
Submit test/adjust/balance records.
Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion. List items below that are incomplete at time of request. 1. 2. 3.
D.
Schedule of Maintenance Material Items: Prepare and submit schedule of maintenance material submittal items, including name and quantity of each item and name and number of related Specification Section. Obtain Architect's signature for receipt of submittals.
Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. Complete final cleaning requirements, including touchup painting. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects.
Inspection: Submit a written request for inspection to determine Substantial Completion a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial
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Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. 2.
1.7 A.
FINAL COMPLETION PROCEDURES Submittals Prior to Final Completion: Before requesting final inspection for determining final completion, complete the following: 1. 2.
3. 4. B.
A.
Submit a final Application for Payment according to Section 007200 General Conditions, Part 9 "Payments and Completion." Certified List of Incomplete Items: Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements. Submit pest-control final inspection report.
Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior to date the work will be completed and ready for final inspection and tests. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1.
1.8
Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. Results of completed inspection will form the basis of requirements for final completion.
Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected.
LIST OF INCOMPLETE ITEMS (PUNCH LIST) Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1. 2. 3.
Organize list of spaces in sequential order, starting with exterior areas first and proceeding from lowest floor to highest floor. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems. Include the following information at the top of each page: a. b. c. d.
AC Transit Oakland, CA
Project name. Date. Name of Architect and Construction Manager. Name of Contractor. CLOSEOUT PROCEDURES Section 01 77 00 - Page 3 of 6
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e. 4.
Page number.
Submit list of incomplete items in the following format: a. b. c.
1.9
Contract No. 2016-1366
MS Excel electronic file. Architect will return annotated file. PDF electronic file. Architect will return annotated file. Three paper copies. Architect will return two copies.
SUBMITTAL OF PROJECT WARRANTIES
A.
Time of Submittal: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit District's rights under warranty.
B.
Partial Occupancy: Submit properly executed warranties within 15 days of completion of designated portions of the Work that are completed and occupied or used by District during construction period by separate agreement with Contractor.
C.
Organize warranty documents into an orderly sequence based on the table of contents of Project Manual. 1.
2.
3. 4.
D.
Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 81/2-by-11-inch (215-by-280-mm) paper. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. Warranty Electronic File: Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide bookmarked table of contents at beginning of document.
Provide additional copies of each warranty to include in operation and maintenance manuals.
PART 2 - PRODUCTS 2.1 A.
MATERIALS Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces. 1.
AC Transit Oakland, CA
Use cleaning products that comply with Green Seal's GS-37, or if GS-37 is not applicable, use products that comply with the California Code of Regulations maximum allowable VOC levels. CLOSEOUT PROCEDURES Section 01 77 00 - Page 4 of 6
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PART 3 - EXECUTION 3.1
FINAL CLEANING
A.
General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.
B.
Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1.
Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project: a. b. c.
d.
e. f. C.
3.2
Clean areas disturbed by construction activities of rubbish, waste material, litter, and other foreign substances. Remove tools, construction equipment, machinery, and surplus material from Project site. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. Clean transparent materials, including glass in doors and windows. Remove glazing compounds and other noticeable, vision-obscuring materials. Polish glass, taking care not to scratch surfaces. Remove labels that are not permanent. Leave Project clean and ready for occupancy.
Construction Waste Disposal: Comply with waste Section 015000 "Temporary Facilities and Controls."
disposal
requirements
in
REPAIR OF THE WORK
A.
Complete repair and restoration operations before requesting inspection for determination of Substantial Completion.
B.
Repair or remove and replace defective construction. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove and replace operating components that cannot be repaired. Restore damaged construction and permanent facilities used during construction to specified condition. 1. 2.
AC Transit Oakland, CA
Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other damaged transparent materials. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. Replace finishes and surfaces that that already show evidence of repair or restoration. CLOSEOUT PROCEDURES Section 01 77 00 - Page 5 of 6
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a.
3.
Contract No. 2016-1366
Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Remove paint applied to required labels and identification.
Replace parts subject to operating conditions during construction that may impede operation or reduce longevity. END OF SECTION
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Contract No. 2016-1366
SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for preparing operation and maintenance manuals, including the following: 1. 2. 3. 4. 5.
B.
Related Requirements: 1.
1.3
Operation and maintenance documentation directory. Emergency manuals. Operation manuals for systems, subsystems, and equipment. Product maintenance manuals. Systems and equipment maintenance manuals.
Section 013300 "Submittal Procedures" for submitting copies of submittals for operation and maintenance manuals.
DEFINITIONS
A.
System: An organized collection of parts, equipment, or subsystems united by regular interaction.
B.
Subsystem: A portion of a system with characteristics similar to a system.
1.4 A.
CLOSEOUT SUBMITTALS Manual Content: Operations and maintenance manual content is specified in individual Specification Sections to be reviewed at the time of Section submittals. Submit reviewed manual content formatted and organized as required by this Section. 1. 2.
B.
Architect will comment on whether content of operations and maintenance submittals are acceptable. Where applicable, clarify and update reviewed manual content to correspond to revisions and field conditions.
Format: Submit operations and maintenance manuals in the following format:
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1.
PDF electronic file. Assemble each manual into a composite electronically indexed file. Submit on digital media acceptable to Architect. a.
b. 2.
Contract No. 2016-1366
Name each indexed document file in composite electronic index with applicable item name. Include a complete electronically linked operation and maintenance directory. Enable inserted reviewer comments on draft submittals.
Three paper copies. Include a complete operation and maintenance directory. Enclose title pages and directories in clear plastic sleeves. Architect will return two copies.
C.
Initial Manual Submittal: Submit draft copy of each manual at least 30 days before commencing demonstration and training. Architect will comment on whether general scope and content of manual are acceptable.
D.
Final Manual Submittal: Submit each manual in final form prior to requesting inspection for Substantial Completion and at least 15 days before commencing demonstration and training. Architect will return copy with comments. 1.
Correct or revise each manual to comply with Architect's comments. Submit copies of each corrected manual within 15 days of receipt of Architect's comments and prior to commencing demonstration and training.
PART 2 - PRODUCTS 2.1 A.
OPERATION AND MAINTENANCE DOCUMENTATION DIRECTORY Directory: Prepare a single, comprehensive directory of emergency, operation, and maintenance data and materials, listing items and their location to facilitate ready access to desired information. Include a section in the directory for each of the following: 1. 2. 3. 4.
List of documents. List of systems. List of equipment. Table of contents.
B.
List of Systems and Subsystems: List systems alphabetically. Include references to operation and maintenance manuals that contain information about each system.
C.
List of Equipment: List equipment for each system, organized alphabetically by system. For pieces of equipment not part of system, list alphabetically in separate list.
D.
Tables of Contents: Include a table of contents for each emergency, operation, and maintenance manual.
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2.2 A.
REQUIREMENTS, OPERATION, AND MAINTENANCE MANUALS Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. 2. 3.
B.
Title page. Table of contents. Manual contents.
Title Page: Include the following information: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
C.
Contract No. 2016-1366
Subject matter included in manual. Name and address of Project. Name and address of District. Date of submittal. Name and contact information for Contractor. Name and contact information for Construction Manager. Name and contact information for Architect. Name and contact information for Commissioning Authority. Names and contact information for major consultants to the Architect that designed the systems contained in the manuals. Cross-reference to related systems in other operation and maintenance manuals.
Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross-referenced to Specification Section number in Project Manual. 1.
If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set.
D.
Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder.
E.
Manuals, Electronic Files: Submit manuals in the form of a multiple file composite electronic PDF file for each manual type required. 1.
2.
F.
Electronic Files: Use electronic files prepared by manufacturer where available. Where scanning of paper documents is required, configure scanned file for minimum readable file size. File Names and Bookmarks: Enable bookmarking of individual documents based on file names. Name document files to correspond to system, subsystem, and equipment names used in manual directory and table of contents. Group documents for each system and subsystem into individual composite bookmarked files, then create composite manual, so that resulting bookmarks reflect the system, subsystem, and equipment names in a readily navigated file tree. Configure electronic manual to display bookmark panel on opening file.
Manuals, Paper Copy: Submit manuals in the form of hard copy, bound and labeled volumes.
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1.
Binders: Heavy-duty, three-ring, vinyl-covered, loose-leaf binders, in thickness necessary to accommodate contents, sized to hold 8-1/2-by-11-inch (215-by-280mm) paper; with clear plastic sleeve on spine to hold label describing contents and with pockets inside covers to hold folded oversize sheets. a.
b.
2.
3. 4. 5.
b.
A.
If oversize drawings are necessary, fold drawings to same size as text pages and use as foldouts. If drawings are too large to be used as foldouts, fold and place drawings in labeled envelopes and bind envelopes in rear of manual. At appropriate locations in manual, insert typewritten pages indicating drawing titles, descriptions of contents, and drawing locations.
OPERATION MANUALS Content: In addition to requirements in this Section, include operation data required in individual Specification Sections and the following information: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
B.
If two or more binders are necessary to accommodate data of a system, organize data in each binder into groupings by subsystem and related components. Cross-reference other binders if necessary to provide essential information for proper operation or maintenance of equipment or system. Identify each binder on front and spine, with printed title "OPERATION AND MAINTENANCE MANUAL," Project title or name, and subject matter of contents, and indicate Specification Section number on bottom of spine. Indicate volume number for multiple-volume sets.
Dividers: Heavy-paper dividers with plastic-covered tabs for each section of the manual. Mark each tab to indicate contents. Include typed list of products and major components of equipment included in the section on each divider, cross-referenced to Specification Section number and title of Project Manual. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software storage media for computerized electronic equipment. Supplementary Text: Prepared on 8-1/2-by-11-inch (215-by-280-mm) white bond paper. Drawings: Attach reinforced, punched binder tabs on drawings and bind with text. a.
2.3
Contract No. 2016-1366
System, subsystem, and equipment descriptions. Use designations for systems and equipment indicated on Contract Documents. Performance and design criteria if Contractor has delegated design responsibility. Operating standards. Operating procedures. Operating logs. Wiring diagrams. Control diagrams. Piped system diagrams. Precautions against improper use. License requirements including inspection and renewal dates.
Descriptions: Include the following:
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1. 2. 3. 4. 5. 6. 7. 8. 9. C.
Contract No. 2016-1366
Product name and model number. Use designations for products indicated on Contract Documents. Manufacturer's name. Equipment identification with serial number of each component. Equipment function. Operating characteristics. Limiting conditions. Performance curves. Engineering data and tests. Complete nomenclature and number of replacement parts.
Operating Procedures: Include the following, as applicable: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Startup procedures. Equipment or system break-in procedures. Routine and normal operating instructions. Regulation and control procedures. Instructions on stopping. Normal shutdown instructions. Seasonal and weekend operating instructions. Required sequences for electric or electronic systems. Special operating instructions and procedures.
D.
Systems and Equipment Controls: Describe the sequence of operation, and diagram controls as installed.
E.
Piped Systems: Diagram piping as installed, and identify color-coding where required for identification.
2.4
PRODUCT MAINTENANCE MANUALS
A.
Content: Organize manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below.
B.
Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and crossreference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable.
C.
Product Information: Include the following, as applicable: 1. 2. 3. 4. 5.
D.
Product name and model number. Manufacturer's name. Color, pattern, and texture. Material and chemical composition. Reordering information for specially manufactured products.
Maintenance Procedures: Include manufacturer's written recommendations and the following:
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1. 2. 3. 4. 5.
Contract No. 2016-1366
Inspection procedures. Types of cleaning agents to be used and methods of cleaning. List of cleaning agents and methods of cleaning detrimental to product. Schedule for routine cleaning and maintenance. Repair instructions.
E.
Repair Materials and Sources: Include lists of materials and local sources of materials and related services.
F.
Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1.
2.5
Include procedures to follow and required notifications for warranty claims.
SYSTEMS AND EQUIPMENT MAINTENANCE MANUALS
A.
Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below.
B.
Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross-reference Specification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable.
C.
Manufacturers' Maintenance Documentation: Manufacturers' maintenance documentation including the following information for each component part or piece of equipment: 1. 2. 3. 4.
D.
Maintenance Procedures: Include the following information and items that detail essential maintenance procedures: 1. 2. 3. 4. 5. 6.
E.
Standard maintenance instructions and bulletins. Drawings, diagrams, and instructions required for maintenance, including disassembly and component removal, replacement, and assembly. Identification and nomenclature of parts and components. List of items recommended to be stocked as spare parts.
Test and inspection instructions. Troubleshooting guide. Precautions against improper maintenance. Disassembly; component removal, repair, and replacement; and reassembly instructions. Aligning, adjusting, and checking instructions. Demonstration and training video recording, if available.
Maintenance and Service Schedules: Include service and lubrication requirements, list of required lubricants for equipment, and separate schedules for preventive and routine maintenance and service with standard time allotment.
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1. 2.
Contract No. 2016-1366
Scheduled Maintenance and Service: Tabulate actions for daily, weekly, monthly, quarterly, semiannual, and annual frequencies. Maintenance and Service Record: Include manufacturers' forms for recording maintenance.
F.
Spare Parts List and Source Information: Include lists of replacement and repair parts, with parts identified and cross-referenced to manufacturers' maintenance documentation and local sources of maintenance materials and related services.
G.
Maintenance Service Contracts: Include copies of maintenance agreements with name and telephone number of service agent.
H.
Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1.
Include procedures to follow and required notifications for warranty claims.
PART 3 - EXECUTION 3.1
MANUAL PREPARATION
A.
Operation and Maintenance Documentation Directory: Prepare a separate manual that provides an organized reference to emergency, operation, and maintenance manuals.
B.
Emergency Manual: Assemble a complete set of emergency information indicating procedures for use by emergency personnel and by District's operating personnel for types of emergencies indicated.
C.
Product Maintenance Manual: Assemble a complete set of maintenance data indicating care and maintenance of each product, material, and finish incorporated into the Work.
D.
Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance data indicating operation and maintenance of each system, subsystem, and piece of equipment not part of a system. 1.
2. E.
Engage a factory-authorized service representative to assemble and prepare information for each system, subsystem, and piece of equipment not part of a system. Prepare a separate manual for each system and subsystem, in the form of an instructional manual for use by District's operating personnel.
Manufacturers' Data: Where manuals contain manufacturers' standard printed data, include only sheets pertinent to product or component installed. Mark each sheet to identify each product or component incorporated into the Work. If data include more than one item in a tabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable. 1.
AC Transit Oakland, CA
Prepare supplementary text if manufacturers' standard printed data are not available and where the information is necessary for proper operation and maintenance of equipment or systems. OPERATION AND MAINTENANCE DATA Section 01 78 23 - Page 7 of 8
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F.
Drawings: Prepare drawings supplementing manufacturers' printed data to illustrate the relationship of component parts of equipment and systems and to illustrate control sequence and flow diagrams. Coordinate these drawings with information contained in record Drawings to ensure correct illustration of completed installation. 1. 2.
G.
Contract No. 2016-1366
Do not use original project record documents as part of operation and maintenance manuals. Comply with requirements of newly prepared record Drawings in Section 017839 "Project Record Documents."
Comply with Section 017700 "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF SECTION
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Contract No. 2016-1366
SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 A.
1.2 A.
RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. SUMMARY Section includes administrative and procedural requirements for project record documents, including the following: 1. 2. 3. 4.
B.
Related Requirements: 1. 2.
1.3 A.
Record Drawings. Record Specifications. Record Product Data. Miscellaneous record submittals.
Section 017700 "Closeout Procedures" for general closeout procedures. Section 017823 "Operation and Maintenance Data" for operation and maintenance manual requirements.
CLOSEOUT SUBMITTALS Record Drawings: Comply with the following: 1. 2.
Number of Copies: Submit one set(s) of marked-up record prints. Number of Copies: Submit copies of record Drawings as follows: a.
Initial Submittal: 1) 2) 3) 4)
b.
Final Submittal: 1)
AC Transit Oakland, CA
Submit one paper-copy set(s) of marked-up record prints. Submit PDF electronic files of scanned record prints and one of file prints. Submit record digital data files and one set(s) of plots. Architect will indicate whether general scope of changes, additional information recorded, and quality of drafting are acceptable.
Submit three paper-copy set(s) of marked-up record prints. PROJECT RECORD DOCUMENTS Section 01 78 39 - Page 1 of 5
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2) 3) c.
Submit PDF electronic files of scanned record prints and three set(s) of prints. Print each drawing, whether or not changes and additional information were recorded.
Final Submittal: 1) 2) 3)
Submit one paper-copy set(s) of marked-up record prints. Submit record digital data files and three set(s) of record digital data file plots. Plot each drawing file, whether or not changes and additional information were recorded.
B.
Record Specifications: Submit one paper copy of Project's Specifications, including addenda and contract modifications.
C.
Record Product Data: Submit one paper copy of each submittal. 1.
Where record Product Data are required as part of operation and maintenance manuals, submit duplicate marked-up Product Data as a component of manual.
D.
Miscellaneous Record Submittals: See other Specification Sections for miscellaneous record-keeping requirements and submittals in connection with various construction activities. Submit one paper copy of each submittal.
E.
Reports: Submit written report weekly indicating items incorporated into project record documents concurrent with progress of the Work, including revisions, concealed conditions, field changes, product selections, and other notations incorporated.
PART 2 - PRODUCTS 2.1 A.
RECORD DRAWINGS Record Prints: Maintain one set of marked-up paper copies of the Contract Drawings and Shop Drawings, incorporating new and revised drawings as modifications are issued. 1.
Preparation: Mark record prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to provide information for preparation of corresponding marked-up record prints. a. b. c. d. e.
2. AC Transit Oakland, CA
Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. Accurately record information in an acceptable drawing technique. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. Cross-reference record prints to corresponding archive photographic documentation.
Content: Types of items requiring marking include, but are not limited to, the following: PROJECT RECORD DOCUMENTS Section 01 78 39 - Page 2 of 5
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a. b. c. d. e. f. g. h. i. j. k. l. m. n. 3.
4. 5. 6. B.
Dimensional changes to Drawings. Revisions to details shown on Drawings. Depths of foundations below first floor. Locations and depths of underground utilities. Revisions to routing of piping and conduits. Revisions to electrical circuitry. Actual equipment locations. Duct size and routing. Locations of concealed internal utilities. Changes made by Change Order or Construction Change Directive. Changes made following Architect's written orders. Details not on the original Contract Drawings. Field records for variable and concealed conditions. Record information on the Work that is shown only schematically.
Mark the Contract Drawings and Shop Drawings completely and accurately. Use personnel proficient at recording graphic information in production of marked-up record prints. Mark record sets with erasable, red-colored pencil. Use other colors to distinguish between changes for different categories of the Work at same location. Mark important additional information that was either shown schematically or omitted from original Drawings. Note Construction Change Directive numbers, alternate numbers, Change Order numbers, and similar identification, where applicable.
Record Digital Data Files: Immediately before inspection for Certificate of Substantial Completion, review marked-up record prints with Architect. When authorized, prepare a full set of corrected digital data files of the Contract Drawings, as follows: 1. 2. 3. 4.
Format: Same digital data software program, version, and operating system as the original Contract Drawings. Incorporate changes and additional information previously marked on record prints. Delete, redraw, and add details and notations where applicable. Refer instances of uncertainty to Architect for resolution. Architect will furnish Contractor one set of digital data files of the Contract Drawings for use in recording information. a. b.
C.
Contract No. 2016-1366
See Section 013300 "Submittal Procedures" for requirements related to use of Architect's digital data files. Architect will provide data file layer information. Record markups in separate layers.
Newly Prepared Record Drawings: Prepare new Drawings instead of preparing record Drawings where Architect determines that neither the original Contract Drawings nor Shop Drawings are suitable to show actual installation. 1. 2.
AC Transit Oakland, CA
New Drawings may be required when a Change Order is issued as a result of accepting an alternate, substitution, or other modification. Consult Architect for proper scale and scope of detailing and notations required to record the actual physical installation and its relation to other construction. Integrate newly prepared record Drawings into record Drawing sets; comply with procedures for formatting, organizing, copying, binding, and submitting. PROJECT RECORD DOCUMENTS Section 01 78 39 - Page 3 of 5
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D.
Format: Identify and date each record Drawing; include the designation "PROJECT RECORD DRAWING" in a prominent location. 1.
2. 3.
4.
Record Prints: Organize record prints and newly prepared record Drawings into manageable sets. Bind each set with durable paper cover sheets. Include identification on cover sheets. Format: Annotated PDF electronic file with comment function enabled. Record Digital Data Files: Organize digital data information into separate electronic files that correspond to each sheet of the Contract Drawings. Name each file with the sheet identification. Include identification in each digital data file. Identification: As follows: a. b. c. d. e.
2.2 A.
Preparation: Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications, addenda, and contract modifications.
2. 3. 4.
5.
2.3 A.
Project name. Date. Designation "PROJECT RECORD DRAWINGS." Name of Architect. Name of Contractor.
RECORD SPECIFICATIONS
1.
B.
Contract No. 2016-1366
Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Mark copy with the proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. Record the name of manufacturer, supplier, Installer, and other information necessary to provide a record of selections made. For each principal product, indicate whether record Product Data has been submitted in operation and maintenance manuals instead of submitted as record Product Data. Note related Change Orders, record Product Data, and record Drawings where applicable.
Format: Submit record Specifications as annotated PDF electronic file or scanned PDF electronic file(s) of marked-up paper copy of Specifications. RECORD PRODUCT DATA Preparation: Mark Product Data to indicate the actual product installation where installation varies substantially from that indicated in Product Data submittal. 1. 2. 3.
AC Transit Oakland, CA
Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. Note related Change Orders, record Specifications, and record Drawings where applicable. PROJECT RECORD DOCUMENTS Section 01 78 39 - Page 4 of 5
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B.
Format: Submit record Product Data as annotated PDF electronic file or scanned PDF electronic file(s) of marked-up paper copy of Product Data. 1.
2.4
Contract No. 2016-1366
Include record Product Data directory organized by Specification Section number and title, electronically linked to each item of record Product Data.
MISCELLANEOUS RECORD SUBMITTALS
A.
Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Bind or file miscellaneous records and identify each, ready for continued use and reference.
B.
Format: Submit miscellaneous record submittals as PDF electronic file or scanned PDF electronic file(s) of marked-up miscellaneous record submittals. 1.
Include miscellaneous record submittals directory organized by Specification Section number and title, electronically linked to each item of miscellaneous record submittals.
PART 3 - EXECUTION 3.1
RECORDING AND MAINTENANCE
A.
Recording: Maintain one copy of each submittal during the construction period for project record document purposes. Post changes and revisions to project record documents as they occur; do not wait until end of Project.
B.
Maintenance of Record Documents and Samples: Store record documents and Samples in the field office apart from the Contract Documents used for construction. Do not use project record documents for construction purposes. Maintain record documents in good order and in a clean, dry, legible condition, protected from deterioration and loss. Provide access to project record documents for Architect's reference during normal working hours. END OF SECTION
AC Transit Oakland, CA
PROJECT RECORD DOCUMENTS Section 01 78 39 - Page 5 of 5
