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1
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2
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4
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01
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3'-214"
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1
2
A5
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KE
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N
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1.
CO
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N
)
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2.
(N
)
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3.
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T
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4.
(N
)
S
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N
.
I
.
C
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5.
(N
)
P
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C
T
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N
W
A
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N
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N
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G
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(
E
)
D
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N
K
I
N
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N
T
A
I
N
P
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R
D
E
T
A
I
L
53
/
A
2
.
2
.
6.
(E
)
V
A
U
L
T
D
O
O
R
T
O
B
E
S
E
A
L
E
D
S
H
U
T
.
7.
(N
)
G
L
A
Z
E
D
E
N
T
R
Y
S
Y
S
T
E
M
P
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D
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T
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L
22
/
A
5
.
4
.
8.
(N
)
O
P
E
N
S
H
E
L
V
E
S
.
A2
.
2
33
A2
.
2
34
N
E
W
S
N
E
W
S
5'-0"2'-10"3'-0"3'-8"
18'-3"
45
"
5'-0"3'-8"2'-10"3'-0"
5'
-
0
"
6'
-
1
"
6'
-
1
"
11
'
-
1
"
10
'
-
2
"
30
"
x
4
8
"
30
"
x
4
8
"
30
"
x
4
8
"
1
2
3
4
5
6
8
9
12
7
10
10
2
1
5
12
4
JA
N
I
T
O
R
EQ
.
EQ
.
6"
6
1'
-
1
1
"
13
13
14
14
DRINKING FOUNTAIN PROJECTION WARNINGNTS 1-1/2" DIA. 18 GA. TYPE 304 SATINSTN. STL. GUARDS. FIT ENDS WITHMOUNTING FLANGES 1/8" THICK AND(THREE (3) 1/4" DIA. HOLES FORMOUTING FASTENERS. FASTEN TOCONCRETE WALL AND FLOOR WITH1#14 TAPCON CONC. SCREWS STN. STL. ESCUTCHEONS WITH SETSCREWS3'-8" MAX.2'-6" MIN.8"4'-0" MIN.1'-5"MAX.WALL MOUNNTED URINALS1/2" = 1'=0"FLUSHCONTROLS1'-3"MIN.RIM ACCESSORIES GENERAL N
O
T
E
S
AMINIMUM 30"x 48" CLEAR FLOOR OR GROUND SPA
C
E
I
S
P
R
O
V
I
D
E
D
TO ALLOW FORWARD OR PARALLEL APPROACH T
O
A
C
C
E
S
S
O
R
I
E
S
.
BONE FULL UNOBSTRUCTED SIDE OF THE CLEAR O
R
G
R
O
U
N
D
SPACE ADJOINS OR OVERLAPS AN ACCESSIBLE
R
O
U
T
E
O
R
ADJOINS ANOTHER WHEELCHAIR CLEAR FLOOR S
P
A
C
E
.
CMIRROR(S) MOUNTED WITH THE BOTTOM EDGE N
O
H
I
G
H
E
R
T
H
A
N
40" ABOVE FLOOR.DOPERABLE PARTS (INCLUDING COIN SLOTS) OF AL
L
F
I
X
T
U
R
E
S
O
R
ACCESSORIES ARE LOCATED A MAXIMUM OF 40" A
B
O
V
E
F
L
O
O
R
:
SOAP DISPENSERS, TOWELS, TOILET SEAT COVER
S
,
A
U
T
O
D
R
Y
E
R
S
,
SANITARY NAPKIN DISPENSERS, WASTE RECEPTA
C
L
E
S
.
ECONTROLS AND OPERATING MECHANISMS ARE O
P
E
R
A
B
L
E
W
I
T
H
ONE HAND AND DO NOT REQUIRE TIGHT GRASPIN
G
,
P
I
N
C
H
I
N
G
,
O
R
TWISTING OF THE WRIST.FTHE FORCE REQUIRED TO ACTIVATE CONTROLS I
S
5
L
B
S
.
MAXIMUM.GCOAT HOOKS AND SHELVING ARE LOCATED WITH
I
N
A
P
P
R
O
P
R
I
A
T
E
REACH RANGES 48" MAX. ABOVE FLOOR .KEYNOTES1.REMOVE (E) TOWEL DISPENSER AND REINSTALL
O
N
(
N
)
P
A
R
T
I
T
I
O
N
.
2.REPLACE PARTITION WALL TO PROVIDE 60" CLE
A
R
W
I
D
T
H
I
N
S
I
D
E
THE THE ACCESSIBLE TOILET STALL . REPLACE
S
T
A
L
L
F
R
O
N
T
P
A
N
E
L
AS REQUIRED BY INCREASED WIDTH OF STALL.3.REMOVE (E) WALL EXTENSION.4.PROVIDE U-PULLS ON BOTH SIDES OF ACCESSIB
L
E
S
T
A
L
L
D
O
O
R
.
5.REPLACE LAVATORY COUNTER TOP AND WALL M
O
U
N
T
E
D
M
I
R
R
O
R
.
MATCH (E) COUNTER TOP DESIGN.6.(N) WALL MOUNTED STAINLESS STEEL TRASH R
E
C
E
P
T
A
C
L
E
.
7.REMOVE EXISTING URINAL TO PROVIDE 30"x 48"
C
L
E
A
R
S
P
A
C
E
I
N
FRONT OF ACCESSIBLE URINAL . CAP PLUMBING
P
I
P
I
N
G
A
N
D
REPLACE WALL TILE AS NEEDED. REFER TO DE
T
A
I
L
52
/
A
2
.
2
.
8.LOWER EXISTING URINAL TO CONFORM WITH AC
C
E
S
S
I
B
I
L
I
T
Y
REQUIREMENTS. SEE DETAIL 54/A6.2.9.RELOCATE EXISTING PRIVACY PANEL TO PROVI
D
E
A
3
0
"
x
4
8
"
C
L
E
A
R
SPACE CENTERED ON URINAL.10.REMOVE, STORE AND REINSTALL IN SAME LOCA
T
I
O
N
O
N
N
E
W
PARTITION.11.REPLACE (E) MIRROR WITH MIRROR OF SAME HE
I
G
H
T
,
F
U
L
L
W
I
D
T
H
OF SPACE. REFER TO SECTION 10 28 00.12.REMOVE (E) TRASH CONTAINER AND RETURN TO
O
W
N
E
R
.
13.REPLACE (E) LAVATORY, FAUCET, TRAP, SUPPLI
E
S
A
N
D
A
N
G
L
E
STOPS. REFER TO SECTION 22 44 00.
WO
M
E
N
S
NO
R
T
H
WE
S
T
SO
U
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EA
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ME
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11
44
A2
.
2
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.
44
A2
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2
9
9
6
6
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2'-6"
3'-8" +/-3'-1" +/-4"
(N
)
M
I
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WI
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H
S
T
N
ST
L
.
F
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SP
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DECKMOUNTEDSOAPDISPENSER(N) TOILETPARTITION(E) TILE(N) TRAPINSULATIONREFER TO 54 /A2.2 FORKNEE SPACE RQMTS 8"6"9" MIN.17" MIN.27" MIN.11"MAX.MIN.ACCESSIBLE KNEESPACE1" = 1'-0"D154012A COUNTERTOP W/ BOWL WALL HUNG LAVATORY34" MAX.KNEE SPACE PER CBCFIGURE 11B-1D(DIMENSIONS AT LEFT)
EN
L
A
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:
1
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2
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=
1
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9
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97
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52 51
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:
1
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44LAVATORY ELEV
A
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SCALE : 1/2" = 1'- 0"54
s s ss
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1
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&
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5 23415
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89 A5.2 23A5.2 24
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.
2
33
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2
42
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2
14
108 - CITY MANAGERSCALE : 1/4" = 1'- 0"
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A4
.
1
54 NORTHWEST
SO
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101 - CITY CLERK ADMINSCALE : 1/4" = 1'- 0"52 WEST 102 - RECORDSSCALE : 1/4" = 1'- 0"51 NORTHWEST
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2
206 VAULTSCALE : 1/4" = 1'- 0"53 203 TOURISM MANAGERSCALE : 1/4" = 1'- 0"52 202 CITY BIOLOGISTSCALE : 1/4" = 1'- 0"51
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8"
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4"
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12"
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4"
18"
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112"18"
33
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114"
3
4"
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114" TYPE "S" SCREW,24" ON CENTER
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EXISTING WALLLIGHT & SOUNDSEAL BY OTHERS(OPTIONAL)LIGHT & SOUNDSEAL BY OTHERS(OPTIONAL)
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23 22
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SCALE : 6" = 1'- 0"43 PARTITION INTER
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SCALE : 6" = 1'- 0"42
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33
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CONTRACT DOCUMENTS
FOR
CITY OF SAN LUIS OBISPO
CITY HALL ADMINISTRATION REMODEL
SPECIFICATION NO. 91290
May 2015
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
CONTRACT DOCUMENTS
FOR
CITY OF SAN LUIS OBISPO
CITY HALL ADMINISTRATION REMODEL
SPECIFICATION NO. 91290
Approval Date: May xx, 2015
<<Consultant Stamp>>
Approval Date______________
Approval Date______________
TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
NOTICE TO BIDDERS .................................................................................................................................. 1
BID SUBMISSION ........................................................................................................................................ 1
Bid Documents ............................................................................................................................................ 1
Project Information ..................................................................................................................................... 2
Qualifications ............................................................................................................................................... 2
AWARD ......................................................................................................................................................... 3
INSTRUCTIONS TO BIDDERS .................................................................................................................... 5
1. BIDDERS REPRESENTATION ........................................................................................ 5
2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE ................................. 5
3. BIDDING PROCEDURES ................................................................................................. 6
4. AWARD AND EXECUTION OF CONTRACT ................................................................... 9
5. START OF WORK AND CONTRACT TIME ................................................................... 11
6. DESCRIPTION OF BID ITEMS/CONTRACT PAY ITEMS.Error! Bookmark not
defined.
INFORMATION AVAILABLE TO BIDDERS .............................................................................................. 12
1. EXISTING CONDITIONS. ................................................................................................ 12
2. RECORD DRAWINGS. ................................................................................................... 12
3. SOILS REPORTS. .......................................................................................................... 12
4. TEST RESULTS. ............................................................................................................ 12
PROPOSAL SUBMITTAL FORMS ............................................................................................................ 13
PROPOSAL ............................................................................................................................ 14
BID ITEM LIST FOR City Hall Administration Remodel, Specification No. 91290 ............................. 14
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ............. Error! Bookmark not defined.
Qualifications ...................................................................................................................................... 18
ATTACH BIDDER'S BOND TO ACCOMPANY BID ........................................................................... 20
(Rev. 6-30-14) .............................................................................................................................................. 20
REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS ...................................................... 21
INSURANCE REQUIREMENTS ................................................................................................................. 22
SAMPLES OF FORMS ............................................................................................................................... 27
AGREEMENT ......................................................................................................................... 28
PERFORMANCE BOND ......................................................................................................... 30
PAYMENT BOND ................................................................................................................... 32
ESCROW AGREEMENT ........................................................................................................ 34
GUARANTEE OF WORK ........................................................................................................ 37
RELEASE................................................................................................................................ 38
MAINTENANCE BOND ........................................................................................................... 39
NOTICE OF POTENTIAL CLAIM FORMS .............................................................................. 41
Notice to Bidders
1
CITY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office
located at 919 Palm Street, California 93401, until
2:00 p.m. on June 18, 2015
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
City Hall Administration Remodel, Specification No. 91290
Any bid received after the time and date specified will not be considered and will be returned to the bidder
unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this notice and the
contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms
included in these Contract Documents.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a
guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is
awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in
a bid.
All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be
done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9,
Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible
contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract
will be awarded within 60 calendar days after the opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of
those defects.
BID DOCUMENTS
A copy of the plans and contract documents may be downloaded, free of charge, from the City’s website
at: http://www.slocity.org/publicworks/bids.asp
A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of:
1. $20.00 if picked up in person, or
2. $30.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
Notice to Bidders
2
919 Palm Street
San Luis Obispo, CA 93401
Standard Specifications and Engineering Standards referenced in the Contract Documents may be
downloaded, free of charge, from the City’s website at:
http://www.slocity.org/publicworks/slostandards.asp
A printed copy may be obtained by paying a non-refundable of:
1. $16.00 if picked up in person, or
2. $21.00 if by mailing to the office of the City Engineer
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to
download at the City’s website listed above or at the office of the City Engineer.
Contact the project manager, Mike McGuire at (805) 783-7716 or Public Works Department at (805) 781-
7200 prior to bid opening to verify the number of addenda issued.
You are responsible to verify your contact information is correct on the plan holders list located on the
City’s website at: http://www.slocity.org/publicworks/bids.asp.
PROJECT INFORMATION
In general the project consists of remodel and tenant improvement of the east and west administrative wings
in City Hall.
The project estimated construction cost is $110,000
Contract time is established as 30 working days.
The fixed liquidated damages amount is established at $500 per day for failure to complete the work within
the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial
Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may
be obtained from the Division of Labor web site: www.dir.ca.gov/DLSR/PWD/ This project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations.
There will be a mandatory walkthrough on May 7, 2015. Bidders should meet in the lobby of City Hall at
990 Palm Street at 10:00 AM or 2:00 PM.
QUALIFICATIONS
You must possess a valid Class B Contractor's License at the time of the bid opening.
You and any subcontractors must be registered with the Department of Industrial Relations pursuant to
Section 1725.5.
You must have experience constructing projects similar to the work specified for this project. Provide
three similar reference projects completed as either the prime or subcontractor. All referenced projects
must be completed within the last five years from this project’s bid opening date.
One of the three reference projects must have been completed under contract with a city, county, state or
federal government agency as the prime contractor.
All referenced projects must be for commercial non-residential remodels/tenant improvements.
Failure to provide reference projects as specified in this section and as required on the qualification form is
cause to reject a bid as being non-responsive.
Notice to Bidders
3
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid
that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the
Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the
bidder lacks the
1. knowledge
2. experience,
3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best
interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice
to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a
responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the
bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding the protest if
submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be
rejected and not be considered.
The Director of Public Works or Designee may request additional information to be submitted within three
days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of
determination.
In the event that protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records
available upon request.
AWARD
The lowest bidder will be determined using the BASE BID.
As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the
total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.
You may substitute securities for moneys withheld under the contract in compliance with the provisions of
the Public Contract Code, Section 10263.
Notice to Bidders
4
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Kathryn Stanley at
(805) 781-7200. Telecommunications Device for the Deaf (805) 781-7107. Requests should be made as
soon as possible to allow time for accommodation.
Instructions to Bidders
5
INSTRUCTIONS TO BIDDERS
1. BIDDERS REPRESENTATION
1.1 Bidders Interested In More Than One Bid: You may submit more than one bid for the same
work whereby the last bid amends and supersedes all prior bids. If you submit a sub-proposal
to a bidder, or quote prices on materials to a bidder, you are not thereby disqualified from
submitting a sub-proposal or quoting prices to other bidders.
1.2 Contractor's Licensing Laws. Chapter 9 of Division 3 of the Business and Professions Code
contains information regarding the licensing of contractors. You are required to be licensed in
accordance with the laws of this State and are subject to the penalties imposed by such laws
for failure to comply with this requirement.
For projects where Federal funds are involved, Public Contract Code Section 10164 requires
you to be properly licensed at the time the contract is awarded.
Business and Professions Code Section 7028.15(e) prohibits you from submitting a bid unless:
1. Your contractor's license number appears clearly on the bid
2. The license expiration date is stated
3. The bid contains a statement that the representations are made under penalty of
perjury.
Any bid not containing this information, or a bid containing false information, will be considered
nonresponsive and shall be rejected by the City.
1.3 Competency and Responsibility of Bidders. The City reserves the right to determine whether
or not any bidder is sufficiently competent and responsible professionally and/or financially, to
execute the contract. The City may request any and all information it deems appropriate from
an apparent low bidder in order to determine whether or not the bidder is competent and
responsible, and it is your duty to respond to all such inquiries in a full, frank and timely
manner.
If the City finds that you are not competent or responsible professionally and/or financially to
execute the particular contract for which you have submitted a bid, you must not seek judicial
action to delay or stop contract performance by any other contractor as a means of enforcing
any claim by you that the City may have made an erroneous determination as to your
competency or responsibility.
1.4 Design Engineers May Not Bid on Construction Contract. If you have provided design services
for a project, including work as the prime consultant, subconsultant, or affiliate performing more
than 10% of the design, you are not eligible to submit a proposal to construct the project or to
subcontract for any portion of the work An affiliate is a firm which is subject to the control of the
same persons, through joint ownership or otherwise.
2. EXAMINATION OF CONTRACT DOCUMENTS AND WORK SITE
2.1 Duty to Carefully Examine These Instructions. It is your responsibility to carefully examine the
instructions contained herein and to comply with the conditions for submitting a proposal and
those that affect the award of contract.
2.2 Inspection of Site of Work. It is your responsibility, prior to submitting a bid, to inspect the site of
the work in order to your satisfaction, by personal examination or by such other means, as you
may prefer, of the location of the proposed work and as to the actual conditions in, at and about the
work site and the building or buildings, if any. If, during the course of this examination, you find
facts or conditions which appear to conflict with the letter or spirit of the contract documents, or with
any other data furnished to you, request additional information and explanation before submitting
your bid.
Your submittal of a proposal constitutes the acknowledgment that, if awarded the contract, you
have relied and are relying on your own examination of:
1. The site of the work
2. The access to the site
3. All other data, matters, and things requisite to the fulfillment of the work,
Instructions to Bidders
6
and on your own knowledge of existing services and utilities on and in the vicinity of the site of
the work to be constructed under the contract, and not on any representation or warranty of
the City.
You will not be provided additional compensation for a claim which is based upon a lack of
knowledge of the above items.
2.3 Examination of Contract Documents. It is your responsibility to thoroughly examine and be familiar
with
1. Legal and procedural documents
2. General conditions
3. Specifications
4. Drawings
5. Addenda (if any).
Through submitting a proposal, you acknowledge that you have thoroughly examined and are
familiar with the contract documents. Your failure to receive or examine any of the contract
documents does not relieve your from any obligations with respect to your proposal or to the
contract. You will not be provided additional compensation for a claim which is based upon a lack
of knowledge of any contract document.
2.4 Subsurface Investigations. Where the City has made investigations of subsurface conditions
and that information is made available to bidders, such information represents only the
statement by the City as to the character of material that has been actually encountered in the
investigations, and is included only for your convenience.
The City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of
borings or of the log of test borings or other preliminary investigations or any interpretation of
the above. There is no guarantee or warranty, either expressed or implied, that the conditions
indicated are representative of those existing throughout the site or any part of it or that
unforeseen developments may not occur. Making such information available is not to be
construed in any way as a waiver of this provision. It is your responsibility to perform your own
investigations, as you deem necessary, as to the actual conditions to be encountered, for the
purpose of submitting a proposal.
2.5 Interpretation of Contract Documents: If you are in doubt as to the true meaning of any part of
the drawings, specifications, or other portions of the Contract Documents, or if you find
discrepancies in, or omissions from the drawings or specifications, submit a written request to
the City for an interpretation or correction thereof, using the form entitled “Request for
Interpretation”. This form can be found in these Contract Documents immediately after the
Proposal Submittal Forms section. Submit this form no later than 3:00 PM on the tenth (10th)
calendar day preceding the bid opening. Any interpretation or correction of the Contract
Documents will be made only by Addendum. Any other explanation or interpretation of the
Contract Documents whether oral or written will not be binding on the City or any of its agents.
3. BIDDING PROCEDURES
3.1 Securing Documents: Copies of the proposed Contract Documents are on file at the Public
Works Office, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, California and may
be obtained for bidding purposes upon the conditions set forth in the Notice to Bidders.
3.2 Substitutions Prior to Bid Opening. Pursuant to Public Contracts Code Section 3400a, you
may submit requests for substitutions of “or equal” materials or products during the bidding
period. Submit such requests and accompanying data to the Public Works Office a minimum
of 10 working days prior to the Bid Opening for review and possible approval. Requests
submitted without sufficient information will automatically be rejected. If the request for
substitution is approved, an addendum will be issued at least 72 hours prior to Bid Opening,
identifying the equipment and materials deemed equivalent to those specified in the Contract
Documents.
3.3 Addenda: Any issued addenda form a part of the Contract Documents. It is your responsibility
to verify that you have received all of the addenda issued prior to the bid opening, and to
confirm receipt of any and all addenda in the space provided in the Signature Page of the
Proposal Form.
Instructions to Bidders
7
3.4 Proposal Submittal Package. In order to receive consideration, bids must be made in
accordance with this section. Alternate proposals will not be considered unless specifically
called for. Bids must be prepared on the forms provided in these Contract Documents,
properly executed and with all items filled out. A complete proposal submittal package must
include the following items:
A. Proposal Forms. The proposal forms are found in the “Proposal Submittal Forms” section
of these Contract Documents. Do not modify the forms in any manner. Do not erase or
use white-out on any of your work on the bid sheet, rather, simply cross out and initial any
corrections which you make. Bids not prepared on the proper forms will be disregarded.
Any submitted proposal which makes exceptions, changes, or in any manner makes
reservations to the terms of the drawings or specifications will be considered non-
responsive. .
(1) Bid Sheet. Proposal must include the prices proposed in the manner required by the
proposal.
(2) Public Contract Code Statements
1. Public Contract Code Section 10162 Previous Disqualification, Removal or Other
Prevention of Bidding. You must complete, under penalty of perjury, the
questionnaire in the Proposal Form relating to previous disqualification, removal or
other prevention of bidding of the bidder, or officers or employees of the bidder
because of violation of law or a safety regulation. 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.
2. Public Contract Code Section 10232 Compliance with Orders of the National Labor
Relations Board. Pursuant to this section, you must swear by a statement, under
penalty of perjury, that no more than one final, unappealable finding of contempt of
court by a Federal court has been issued against you within the immediately
preceding 2-year period due to your failure to comply with an order of a Federal court
which ordered your to comply with an order of the National Labor Relations Board.
For purposes of said Section 10232, a finding of contempt does not include any
finding, which has been vacated, dismissed, or otherwise removed by the court
because you have complied with the order that was the basis for the finding. The
State may rescind any contract in which you have been found to falsely swear to the
truth of the statement required by said Section 10232. The statement required by
said Section 10232 is included as part of the required Proposal Forms.
3. Public Contract Code Section 10285.1 Ineligibility to Contract. Any state agency
may suspend, for a period of up to three years from the date of conviction, any
person from bidding upon, or being awarded, a public works or services contract
with the agency under this part or from being a subcontractor at any tier upon the
contract, if that person, or any partner, member, officer, director, responsible
managing officer, or responsible managing employee thereof, has been convicted
by a court of competent jurisdiction of any charge of fraud, bribery, collusion,
conspiracy, or any other act in violation of any state or federal antitrust law in
connection with the bidding upon, award of, or performance of any public works
contract, as defined in Section 1101, with any public entity, as defined in Section
1100, including, for the purposes of this article, the Regents of the University of
California or the Trustees of the California State University. A state agency may
determine the eligibility of any person to enter into a contract under this article by
requiring the person to submit a statement under penalty of perjury declaring that
neither the person nor any subcontractor to be engaged by the person has been
convicted of any of the offenses referred to in this section within the preceding
three years. The statement required by Section 10285.1 is included as part of the
required Proposal Forms.
Instructions to Bidders
8
(3) Non-Collusion Declaration. Submit with your bid a fully executed Non-Collusion
Declaration in compliance with Section 7106 of the California Public Contract Code.
Use the form furnished for this purpose.
(4) Listing of Proposed Subcontractors. In accordance with the Subletting and
Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract
Code, each proposal is required to have listed therein the name, address and portion of
work for each subcontractor who will perform work or labor or render service to you in an
amount in excess of one-half of one percent (0.5%) of the Total Bid or, in the case where
alternate bid items are required, the Base Bid, or $10,000, whichever is greater. Only
one subcontractor shall be listed for each portion of work. Use the form furnished in the
Contract Documents. Any additional information required on the subcontractor’s
listing beyond that required under the Public Contract Code Section 4100, may be
submitted after the deadline for submittal of bids as provided for in the above code
section.
(5) Signature Sheet. The proposal must be submitted in the same name as is used on
your contractor’s license. The signature of all persons must be in longhand and
signed by the bidder or duly authorized representative. If an individual makes the
proposal, his name and post office address must be shown. If made by a firm or a
partnership, the name and post office address of each member of the firm or partnership
must be shown. If made by a corporation, the proposal must show the name of the state
under the laws of which the corporation was chartered, the names, titles, and business
addresses of the president, secretary and treasurer.
B. Proposal Guaranty (Bidders Bond). Each bid must be accompanied by a certified check,
cashier's check or a bidder's bond. The bidder’s bond must be issued by an admitted
California Surety and U.S. Treasure listed. Said check or bond must be for an amount not
less than ten percent (10%) of the base bid and said checks or bond shall be made
payable to the order of the City of San Luis Obispo as liquidated damages in the event the
successful bidder fails to file satisfactory contract bonds or insurance as otherwise
required by the contract documents, or fails to or refuses to enter into a contract within the
specified time. No bid will be considered unless such certified check, cashier's check,
or bidder's bond is enclosed therewith.
3.5 Disqualification of Bidders. If there is reason for believing that collusion exists among the bidders,
any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may
be rejected.
3.6 Submission of Proposals. Submit your proposal to the office indicated on the Notice to Bidders. It
is your responsibility to verify that your bid is received prior to the bid deadline. If your bid is
received after the scheduled closing time for receipt of bids, it will be returned to you unopened.
Submit your proposal under sealed cover, plainly identified as a proposal for the project being bid
upon and addressed as directed in the Notice to Bidders. Proposals that are not properly marked
may be disregarded.
3.7 Withdrawal of Bids. You may withdraw your bid at any time prior to the time fixed in the public
notice for the opening of bids only by a written request, filed with the City, by you or your authorized
representative. The withdrawal of a bid does not prejudice your right to file a new bid. You may
not withdraw your bid after the time fixed in the public notice for the openings of bids.
3.8 Public Opening of Proposals. Proposals will be publicly opened and read at the time and place
indicated in the Notice to Bidders. You or your agents are invited to be present.
3.9 Relief of Bidder Due to Clerical Error: Your attention is directed to the provisions of Public
Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the
requirement therein, that if you claim a mistake was made in your bid, you may submit to the City
written notice within 5 working days after the opening of the bids of the alleged mistake, specifying
in the notice in detail how the mistake occurred. You may not be relieved of your bid unless by
consent of the awarding authority.
3.10 Inconsistencies. Wherever in the proposal an amount is stated in both words and figures, in
case of a discrepancy between words and figures, the words will prevail; if all or any portion of
the bid is required to be given in unit prices and totals and a discrepancy between words and
Instructions to Bidders
9
figures occurs, the words will prevail; if all or any portion of the bid is required to be given in
unit prices and totals and a discrepancy exists between any such unit prices and totals so
given, the unit prices will prevail.
3.11 Rejection of Irregular Proposals. Your proposal may be rejected if it shows any
1. alterations of form
2. additions not called for
3. conditional bids
4. incomplete bids
5. erasures, or
6. irregularities of any kind.
If the bid amount is changed after the amount has been once inserted, the change should be
initialed. The City reserves the right to reject any and all proposals, and may re-advertise at its
discretion.
3.12 Waiver of Irregularities. The City reserves the right to waive any irregularities in proposals
submitted.
4. AWARD AND EXECUTION OF CONTRACT
4.1 Contract Documents. The complete Contract shall consist of the following identified
documents herein referred to as the Contract Documents: Notice to Bidders, Instructions to
Bidders, Information Available to Bidders, Proposal Form, Listing of Subcontractors, Non-
Collusion Declaration, Bidder's Bond, Agreement, Performance Bond, Payment Bond,
Maintenance Bond, Escrow Agreement for Security Deposits in Lieu of Retention, Insurance
Requirements, Guarantee of Work, Release, General Conditions, Specifications, referenced
documents, City Standard Specifications and Engineering Standards, Drawings, any Addenda,
and any Change Orders, Field Orders, or City 's Directives issued thereto and all are intended
to cooperate and be complementary so that any work called for in one and not mentioned in
the other, or vice versa, shall be executed the same as if mentioned in all said documents.
You are responsible to include all labor, materials, equipment, transportation, and services
necessary for the proper execution of the work.
4.2 Form of Agreement. The form of Agreement that you, if you are the successful bidder, as
Contractor, will be required to execute and the form of bonds which you will be required to
furnish are included in the Contract Documents and should be carefully examined.
4.3 Contractor’s Representations by Executing the Contract Agreement: By executing the
Agreement, you acknowledge that you have done the following:
(1) Familiarized yourself and assume full responsibility for having familiarized yourself as
to the nature and location of the Work, the general and local conditions, including
without limitation those bearing upon transportation, disposal, handling and storage of
materials, availability of labor, water, electric power, roads, and uncertainties of
weather or similar physical conditions at the site, the conformation and conditions of
the ground, the character of equipment, and facilities needed preliminary to and
during prosecution of the Work.
(2) Satisfied yourself as to the character, quality and quantity of surface and subsurface
materials or obstacles to be encountered insofar as this information is reasonably
ascertainable from an inspection of the site, including all exploratory work done by the
City as well as from information presented by the Contract Documents. If you fail to
acquaint yourself with the available information, you will not be relieved from
responsibility for estimating properly the difficulty or cost of successfully performing
the Work. The City assumes no responsibility for any conclusions or interpretations
made by you on the basis of the information supplied by the City.
(3) Carefully scheduled and agree that you will supply sufficient materials, labor and
equipment required to complete the Work according to the Contract Documents within
the time limits set forth in the Notice to Bidders, and acknowledges that those time
limits are of the essence, and by executing the Agreement confirms that the contract
time is a reasonable period for performing the Work.
Instructions to Bidders
10
4.4 Award of Contract. The City of San Luis Obispo reserves the right to reject any and all proposals.
The award of contract, if it is awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements prescribed. The award, if made, will be made within the time
limit specified in the Notice to Bidders after the opening of the proposals. This period of time within
which the award of contract may be made will be subject to extension for such further period as
may be agreed upon in writing between the City and the bidder.
4.5 Additive (Deductive) Bid Alternate(s). When the Proposal Form contains additive and/or
deductive bid alternates, the City reserves the right to award the contract including or omitting
some or all of the alternates. All requirements in the Contract Documents and those shown on
the Plans apply to the work required to complete the additive (deductive) alternate(s).
Unless otherwise stated in the Notice to Bidders, the lowest bid will be determined based on
the lowest Base Bid without consideration given to the bid alternates in accordance with
Section 20103.8 of the Public Contract Code
After the lowest bid has been determined, the Engineer shall make the determination as to
whether the additive (deductive) alternate(s) will be included in the award of the contract.
Factors in the determination will be whether the addition (deletion) of the item(s) places the bid
over budget and the reasonableness of the item price.
4.6 Insurance. You are directed to the Section titled “Insurance Requirements” of these Contract
documents. If you are the successful bidder, you must obtain and provide evidence of insurance
as required in theses Contract Documents, before the City will execute the contract. Furthermore,
you must not allow any subcontractor to commence work until the insurance required of the
subcontractor has been obtained.
4.7 Contract Bonds. If you are the successful bidder, you must furnish two (2) surety bonds
satisfactory to the City in amounts and for the purposes noted below prior the execution of the
contract. The Bonding Company must be an admitted California Surety. Bonds must be issued
by a surety who is listed in the latest revision of U. S. Department of Treasury Circular 570,
and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount
required by the contract. Each bond must incorporate, by reference, the contract and be
signed by both the Bidder and Surety. The signature of the authorized agent of the Surety
must be notarized. The bidder must pay all bond premiums, costs and incidentals. The bond
forms are provided in the Section titled “Samples of Contract Forms” found within these
Contract Documents.
All alterations, extensions of time, extra and additional work, and other changes authorized by
these contract documents may be made without securing the consent of the surety or sureties
on the contract bonds. Performance Bonds shall cover the guarantee period. Refer to General
Conditions Section 7.35,
A. Performance Bond: The Performance bond must be for 100% of the Contract price to
guarantee your faithful performance.
B. Payment Bond Pursuant to Section 3247, et seq, of the California Civil Code, the
Payment Bond must be for 100% of the Contract Price to satisfy claims of material
suppliers, mechanics and laborers employed on the work under the contract.
4.8 Execution of Contract. The Contract is required to be signed by the successful bidder and
returned, together with the contract bonds and proof of insurance coverage, within five (5)
days, (not including Saturdays, Sundays, and legal holidays), after the bidder has received
notice that the Contract has been awarded. No proposal will be considered binding upon the
City until the execution of the Contract.
4.9 Failure to Execute the Contract. If you are the lowest regular responsible bidder and you fail to
execute the contract and file acceptable contract bonds and the proof of insurance coverage
within the time period specified, this failure will be just cause for the annulment of the award
and the forfeiture of the proposal guaranty.
4.10 Return of Proposal Guaranties. The bidder's security of the second and third lowest
responsible bidders may be withheld until the contract has been fully executed. The cashier's
checks and certified checks submitted by all other unsuccessful bidders will be returned to
them within ten (10) calendar days after the contract is awarded, and their bidders' bonds will
be of no further effect.
Instructions to Bidders
11
5. START OF WORK AND CONTRACT TIME
5.1 Contract Time. Contract Time will be as specified in the Notice to Bidders.
5.2 Start of Contract Time. Upon execution of the contract the City will issue the Notice to
Proceed. The start of the Contract Time and the date for the pre-construction conference will
be as stated in the Notice to Proceed. Generally, the pre-construction conference will be
scheduled to occur within 21 calendar days after the execution of the contract. Start of
Contract Time will begin the second Monday following the pre-construction conference.
5.3 Start of Work. You must commence operations within 14 calendar days after the start of
Contract Time.
END OF INSTRUCTIONS TO BIDDERS
Information Available to Bidders
12
INFORMATION AVAILABLE TO BIDDERS
1. EXISTING CONDITIONS.
You must carefully study the Contract Documents and investigate existing site conditions, and report
to the City any error, inconsistency, or omission you discover.
2. RECORD DRAWINGS.
Existing architectural plans for City Hall are available for review by appointment at the Public Works
Office. These plans are for information only. The City does not guarantee the accuracy of these
drawings. Contact the City’s Project Manager for an appointment.
3. SOILS REPORTS.
None.
4. TEST RESULTS.
None.
Proposal Submittal Forms
13
PROPOSAL SUBMITTAL FORMS
PLEASE NOTE:
A complete Proposal Submittal Package must consist of the following documents:
Proposal Submittal Forms:
o Bid Sheet(s)
o List of Subcontractors
o Public Contract Code Statements
o Non-Collusion Declaration
o References/Experience
o Signature Sheet
Bidders Bond
All spaces must be filled out.
Don’t erase or use White Out.
Initial line outs
Initial all pages
Please staple forms together
Signed by authorized representative
Failure to submit these forms in the proper manner may be cause to reject the bid as non-responsive.
Proposal Submittal Forms
14
PROPOSAL
TO THE CITY OF SAN LUIS OBISPO, CITY COUNCIL, STATE OF CALIFORNIA
FOR
CITY HALL ADMINISTRATION REMODEL
SPECIFICATION NO. 91290
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required
bid bond will be cause to reject the bid as nonresponsive. Staple all bid forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
1. materials
2. labor
to complete all the required work satisfactorily in compliance with
1. plans
2. specifications
3. contract documents and technical specifications
for the prices set forth in the bid item list:
BID ITEM LIST FOR City Hall Administration Remodel, Specification No. 91290
Item Item Unit of Estimated Item Price Total
No. Description Measure Quantity (in figures) (in figures)
1 Remodel LS 1
Base Bid $
Company Name:
Proposal Submittal Forms
15
LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications,
the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2
percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work.
Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in
section 5-1.13 of the standard specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of
work need not be mentioned. Subcontractors must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
Address and Phone
Number of Office, Mill or
Shop
Specific Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
Proposal Submittal Forms
16
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby
declares under penalty of perjury under the laws of the State of California that the bidder, or any
subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding
three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion,
conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding
upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section
1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The term "bidder" is understood
to include any partner, member, officer, director, responsible managing officer, or responsible managing
employee thereof, as referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Bid. Signing this Bid on the signature portion constitutes signature of
this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of
perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a 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, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no
more than one final unappealable finding of contempt of court by a federal court has been issued against
you within the immediately preceding two-year period because of your failure to comply with an order of a
federal court which orders you to comply with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or
related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a
court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any
judgment, order, or determination that is under appeal is excluded, provided that the contractor has
secured the payment of any amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for
the debarment of contractors from public works.
Yes No
Attach documentation of registration with the Department of Industrial Relations and date of registration
per Labor Code Section 1725.5(a)(1).
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature
portion constitutes signature of this Statement and Questionnaire. Bidders are cautioned that making a
false certification may subject the certifier to criminal prosecution.
Proposal Submittal Forms
17
NONCOLLUSION DECLARATION
I, , declare that
I am 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 refrained from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any 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.
Executed on , 20 , in
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
Proposal Submittal Forms
18
Qualifications
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to
Bidders and indicated below, is cause to reject the bid. Additional information may be attached, but is not a
substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address)
Is this similar to the project being bid or
did this project include office
remodeling activity? Yes □ No
□
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address)
Is this similar to the project being bid or
did this project include office
remodeling activity? Yes □ No
□
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address)
Is this similar to the project being bid or
did this project include office
remodeling activity? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Proposal Submittal Forms
19
Bidder Acknowledgements
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. ,
Expiration Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
Proposal Submittal Forms
20
ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction
and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays,
Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(REV. 6-30-14)
Request for Interpretation of Contract Documents
21
REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS
PROJECT:
DATE: TIME:
COMPANY:
ADDRESS: TELEPHONE:
FAX NO.:
SPECIFICATIONS SECTION PLAN SHEET
INTERPRETATION REQUESTED:
REPLY:
TO ARCHITECT/ENGINEER:
Insurance Requirements
22
INSURANCE REQUIREMENTS
1.1 General. Attention is invited to the provisions of the Insurance Code of the State of California
with reference to the writing of insurance policies and bonds covering risks located in this state,
and the premiums and commissions thereon.
You must obtain all the insurance required by this section within the time period allowed for
contract execution as defined in Section 4.8 of the Instructions to Bidders herein.
You will not receive the Notice to Proceed and may not commence work, until the City has
approved such insurance. You must not allow any subcontractor to commence work on his
subcontract until all similar insurance required for the subcontractor has been obtained. Such
insurance must be maintained in full force and in effect at all times during the prosecution of the
work and until the final completion and acceptance thereof.
1.2 Notice of the Cancellation, Assignment or Change in Policy: You must include, on any policy of
insurance, the City as additional insured. Subcontractors must name the Contractor and the City
as additional insureds. The Additional Insured Endorsement included on all such insurance
policies must state that coverage is afforded the additional insured with respect to claims arising
out of operations performed by or on behalf of the insured. If the additional insureds have other
insurance that is applicable to the loss, such other insurance will be excess to any policy of
insurance required in the Contract Documents. The amount of the insurer’s liability must not be
reduced by the existence of such other insurance.
Approval of the insurance by the City does not relieve or decrease the liability of the Contractor
hereunder.
1.3 Certificates of Insurance: Within the time period specified in Section 4.8 of the Instructions to
Bidders, submit to the City certificates of insurance evidencing that you are in possession of the
insurance required by this Article, and that such insurance names the City as an additional
insured. Said certificates must state that the policy will not be non-renewed, assigned,
canceled, or reduced in coverage or amounts of insurance without thirty (30) days written notice
to the City, and, in addition, said certificates are to show the type, amount, class of operations
covered, effective dates, and the dates of expiration of the insurance policy or policies and that
such insurance will be primary to any insurance or self-insurance maintained by City. You must
produce a certified copy of any insurance policy required by the Contract Documents upon
written request of the City.
1.4 Acceptability of Insured: Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer must reduce or eliminate such
deductibles or self-insured retentions as respects the City, its City Council, officers, employees,
agents and volunteers; or the Contractor must procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
1.5 General Liability and Automobile Liability Insurance: The Contractor must maintain in full force
and effect for the duration of this contract, bodily and personal injury, (including death resulting
therefrom), property damage, and automobile liability insurance with an insurance carrier
satisfactory to City. This insurance must include, but not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage to
property, resulting from any act or occurrence arising out of Contractor's operations in the
performance of this contract, including, without limitation, acts involving vehicles.
A. Minimum Scope of Insurance
Coverage must be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG
20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as
determined by the City).
Insurance Services Office form number CA 0001 (January 1987 Edition) covering
Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
B. Minimum Limits of Insurance
Maintain insurance limits no less than:
Insurance Requirements
23
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability or other form with a general
aggregate limit is used, either the general aggregate limit must apply separately to this
project/location or the general aggregate limit must be twice the required occurrence
limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
The Contractor must either: (1) require each of its subcontractors to procure and to maintain
during the life of its subcontract bodily and personal injury liability and property damage
insurance of the type and in the same amounts as specified above, or (2) insure the activities of
its subcontractors in its own policy.
1.6 Endorsement Requirements: The following endorsements must be submitted with certificates of
insurance.
A. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence".
B. The policy must cover PERSONAL INJURY as well as bodily injury.
C. BROAD FORM Property Damage Liability must be afforded.
D. The City must be named as an additional insured under the coverage afforded with respect
to the work being performed under the contract. The City's officials, officers, directors and
employees and agents or volunteers must also be included as additional insured.
E. An endorsement must be attached which states that the coverage is PRIMARY
INSURANCE and that no other insurance maintained by the City will be called upon to
contribute to a loss covered by this policy effected by the Contractor.
F. Thirty (30) days notice of change or cancellation must be afforded the City.
G. Contractual liability coverage identifying this agreement within a contractual liability
endorsement.
H. "Cross Liability" such that each insured is covered as if separate policies had been issued
to each insured.
I. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties must not affect coverage provided to the City, its officers, officials, employees,
agents or volunteers.
J. The endorsements are to be signed by a person authorized by the insurer to bind coverage
on its behalf.
1.7 Worker's Compensation and Employer's Liability Insurance: In accordance with the provisions
of Section 3700 of the California Labor Code, the Contractor will be required to secure the
payment of compensation to his employees.
The Contractor must sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Notwithstanding the foregoing provision, before the Contract is executed on behalf of the City, a
bidder to whom a contract has been awarded must furnish certificate of insurance or certificate
of permission to self-insure. Said certificates must provide that 30 days notice of cancellation or
change will be afforded to the City. Employer's liability insurance limits must be no less than
$1,000,000 per accident for bodily injury or disease.
In case any class of employees engaged in work under the Contract Documents on or at the
site of the Project is not protected under the Worker’s Compensation laws, the Contractor must
provide or cause a subcontractor to provide adequate insurance coverage for the protection of
those employees not otherwise protected.
If the Contractor fails to maintain Worker’s Compensation insurance, the City may take out
compensation insurance which the City might be liable to pay under the provisions of the Act by
reason of an employee of the Contractor being injured or killed, and deduct and retain the
amount of the premium for such insurance from any sums due the Contractor.
1.8 Indemnification: The Contractor must defend, indemnify and hold harmless the City, its officers,
agents, consultants, employees, volunteers, trustees, Board of Trustees from any and all
claims, demands, damages, costs, expenses (including without limitation attorneys' fees and
court costs) or liabilities (collectively "Claims") arising out of or related to the performance or
attempted performance of the Work by the Contractor, or any of its employees, agents or
Insurance Requirements
24
subcontractors, the Contractor’s or its subcontractors’ use of the Site, the Contractor’s or its
subcontractors’ construction of the Project, or failure to construct the Project, or any portion
thereof; the use, misuse, erection, maintenance, operation, or failure of any machinery or
equipment including, but not limited to scaffolds, derricks, ladders, hoists, and rigging supports,
whether or not such machinery or equipment was furnished, rented, or loaned by any of the
Indemnities or in any way arising out of or relating to the Contract Documents, including without
limitation any Claims for inverse condemnation, equitable relief, any wrongful or negligent act or
omission to act on the part of Contractor, its employees, agents or subcontractors, or any
wrongful or negligent acts or omissions to act committed jointly or concurrently by Contractor, its
employees, agents or subcontractors and the City , its employees, agents, consultants or
independent contractors. Nothing contained in the foregoing indemnity provisions will be
construed to require the Contractor to indemnify the City against any responsibility or liability in
contravention of Section 2782 of the Civil Code.
1.9 Compliance with Laws and Regulations - Indemnity: The Contractor must keep fully informed of
the ordinances and regulations of the City, and of all Federal and State laws in any manner
affecting the performance of this Contract or those engaged therein, and any and all orders and
decrees of governmental bodies or officials having any authority or jurisdiction over the same.
The Contractor must observe and comply with, and must cause all his agents, employees and
subcontractors to observe and comply with all such ordinances, regulations, laws, orders, and
decrees. The Contractor must hold harmless and indemnify the City and all its officers and
employees against any liability or claim arising from or based upon the violation of any such
ordinance, regulation, law, order, or decree, whether by himself, his agents, employees, or his
subcontractors.
1.10 State Laws and Regulations: The project must be constructed under the complete jurisdiction
of all laws of the State of California governing construction including, without limitation, the
following:
A. The California Health and Safety Code and all applicable administrative code regulations
pursuant thereto.
B. All laws governing the employment of labor, qualifications for employment of aliens,
payment of employees, convict-made materials, domestic and foreign materials and
accident prevention.
C. Title 19 of the California Administrative Code entitled "Public Safety" Chapter 1, State Fire
Marshall, Sub-Chapter 1, "General Fire and Panic Safety".
D. General Industrial Safety Orders: Each and every Contractor must observe and conform to
the provisions of Title 8, California Administrative Code bearing upon safe and proper use,
construction, disposal, etc., of materials, machinery, and building appurtenances as therein
set forth.
E. Code Rules and Safety Orders: All work and materials must be in full accordance with the
latest substantive rules and regulations of the State Fire Marshall, the safety orders of the
Division of Industrial Safety, Department of Industrial Relations; the California Building
Code, the California Electrical Code, the California Mechanical Code, the California
Plumbing Code, and other applicable State Laws or Regulations. Nothing in these plans
and specifications is to be construed to permit work not conforming to these codes.
Note: The procedural aspects of the Codes referred to above may not apply to the Work of
this Contract, but the substantive provisions do apply.
1.11 Law; Venue: This agreement has been executed and delivered in the State of California and the
validity, enforceability and interpretation of any of the clauses of this Agreement will be
determined and governed by the laws of the State of California. The duties and obligations of
the parties created hereunder are performable in SAN LUIS OBISPO COUNTY and such
COUNTY must be the venue for any action of proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
1.12 Conflicts of Interests: No official of The City who is authorized on behalf of The City to
negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or
approving any engineering, inspection, construction, or material supply contract or any
subcontract in connection with the construction of the project, will become directly or indirectly
interested personally in this Contract or in any part thereof. No officer, employee, architect,
attorney, engineer, or inspector of or for The City who is authorized on behalf of the City to
exercise any executive, supervisory or other similar function in connection with the construction
Insurance Requirements
25
of the project will become directly or indirectly interested personally in this Contract or in any
part thereof.
1.13 Partial Occupancy or Use: Partial occupancy or use in accordance with the Contract Documents
will not commence until the insurance company providing property insurance has consented to
such partial occupancy or use by endorsement or otherwise. The City and the Contractor must
take reasonable steps to obtain consent of the insurance company and must, without mutual
consent, take no action with respect to partial occupancy or use that would cause cancellation,
lapse, or reduction of the insurance.
1.14 Failure to Furnish and Maintain Insurance: In the event of the failure of any Contractor to furnish
and maintain any insurance required by the Contract Documents, the Contractor will be in
default under the Contract Documents. Compliance by the Contractor with the requirement to
carry insurance and furnish certificates or policies evidencing the same will not relieve the
Contractor from liability assumed under any provision of the Contract Documents, including,
without limitation, the obligation to defend and indemnify the City and the Architect.
1.15 Other Insurance: The Contractor must provide all other insurance required to be maintained
under applicable laws, ordinances, rules, and regulations.
Insurance Requirements
26
CONTRACTOR INSURANCE INFORMATION
This form is designed to encourage bidders to determine prior to bidding whether or not their insurance
meets the City’s requirements; and, whether they will face any additional costs to obtain acceptable
insurance. It is informational only and is not used as a basis for rejection of bids, nor is it to be construed
as an acceptance by the City of bidders insurance. The Contractor must obtain the insurance required per
the Contract Documents in order to obtain award of the contract.
1. General Liability Insurance Company Name: __________________________________
Insurers A.M. Best Rating. ___________________________
$ per occurrence for bodily injury, personal injury and property damage.
General aggregate limit must apply separately to this project/location OR
General aggregate limit must be twice the required occurrence limit.
_______Additionally insured endorsement available.
2. Automobile Liability Insurance Company Name: _______________________________
Insurers A.M. Best Rating. ___________________________
$ per accident for bodily injury and property damage.
_______ Additionally insured endorsement available.
3. Employer's Liability Insurance Company Name: _______________________________
Insurers A.M. Best Rating. ___________________________
$_______________ per accident for bodily injury or disease.
4. Builders Risk Insurance:
_______ 100% of the replacement value of the Work.
_______ “All risk” policy.
5. Fire Insurance:
______ Covers entire structure.
6. List any Deductibles and Self-Insured Retentions.
END OF INSURANCE REQUIREMENTS
Samples of Forms
27
SAMPLES OF FORMS
Agreement
Performance Bond
Payment Bond
Escrow Agreement
Guarantee
Release
Maintenance Bond
Notice of Potential Claim
Sample Agreement
28
CITY OF SAN LUIS OBISPO
CALIFORNIA
AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of San Luis
Obispo, a municipal corporation and charter city, San Luis Obispo County, California, hereinafter called the
Owner, and <COMPANY NAME> , hereinafter called the Contractor.
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required to complete all the work of construction of
City Hall Administration Remodel, Specification No.91290
in strict accordance with the plans and specifications therefore, including any and all Addenda, adopted by
the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work
performed and completed under the direction and supervision and subject to the approval of the Owner or its
authorized representatives.
ARTICLE II, CONTRACT PRICE: The owner shall pay the Contractor as full consideration for the faithful
performance of this Contract, subject to any additions or deductions as provided in the Contract Documents,
the contract prices as follows:
Item Total
(in figures)
Remodel
BASE BID
Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the
documents made a part of this Contract:
Should any dispute arise respecting the true value of any work omitted, or of any extra work which the
Contractor may be required to do, or respecting the size of any payment to the Contractor, during the
performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and
conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The full, complete and exclusive contract
between the parties hereto shall consist of the following identified documents (the "Contract Documents")
all of which are as fully a part thereof as if herein set out in full, if not attached, as if hereto attached: Notice
to Bidders, Instructions to Bidders, Information Available to Bidders, Proposal Form, Listing of
Subcontractors, Non-Collusion Declaration, Bidder's Bond, this Agreement, Escrow Agreement for
Security Deposits in Lieu of Retention, Performance Bond, Payment Bond, Insurance Requirements,
Guarantee of Work, Release, General Conditions, Specifications, City Standard Specifications and
Engineering Standards, any addenda, and any change orders, field orders or directives issued pursuant to
and in accordance with this Agreement.
ARTICLE IV, CONFLICTS: It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
ARTICLE V, BINDING AGREEMENT; ASSIGNMENT: Contractor, by execution of this Agreement and the
other Contract Documents, understands them, and agrees to be bound by their terms and conditions. The
Sample Agreement
29
Contract Documents shall inure to the benefit of and shall be binding upon the Contractor and the Owner and
their respective successors and assigns.
ARTICLE VI, SEVERABILITY: If any provision of the Contract Documents shall be held invalid or
unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first
above written.
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
____________________________________
Katie Lichtig, City Manager
APPROVED AS TO FORM: CONTRACTOR
Name of Company
By:
J. Christine Dietrick Name of CAO/President
City Attorney Its: CAO/President
Sample Performance Bond
30
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of San Luis Obispo, State of California (the "City") and ________________________
(the "Contractor") have entered into an Agreement whereby Contractor agrees to install and complete
certain designated public improvements, which Agreement is dated _________________, 20_____ and is
identified as follows:
City Hall Administration Remodel
Specification No. 91290
AND WHEREAS, Contractor is required under the terms of said Agreement to furnish a bond for the
faithful performance of said Agreement.
NOW, THEREFORE, we, the Contractor, and _________________________, as Surety, are held and
firmly bound unto the City, in the sum of_______________ ($_____________), in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, assigns and successors, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Contractor will well and truly perform and fulfill all the
undertakings, covenants, terms, conditions, and agreements of said Agreement during the original term of
said Agreement and any extensions thereof that may be granted by the City, with or without notice to the
Surety, and will also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreement of any and all covenants, terms, conditions and agreement of any and all duly authorized
modifications of said Agreement that may hereafter be made, and will indemnify, defend and save
harmless the City , its City Council, its officers, agents, consultants, employees, and volunteers, then this
obligation is to be void, otherwise to remain in full force and virtue. In case suit or other proceeding is
brought upon this bond, Surety will pay costs and reasonable attorney’s fees to be awarded and fixed by
the Court, and to be taxed as costs and to be included in the judgment therein rendered.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications
accompanying the same, will in any manner affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration or additions.
Death of the Principal will not relieve Surety of its obligations hereunder.
IN WITNESS WHEREOF, Contractor and Surety have duly executed this instrument on this
_____________ day of _______________, 20____.
CONTRACTOR:
Name: _____________________________________
Address: _____________________________________
_____________________________________
Phone No.: _____________________________________ (Corporate Seal)
By: _____________________________________
Sample Performance Bond
31
SURETY:
Name: _____________________________________
Address: _____________________________________
_____________________________________
Phone No.: _____________________________________
By: _____________________________________
(Attorney-in-fact)
NOTE: This bond must be executed by both parties, and, in the case of a corporation, with the corporate
seal affixed. ALL SIGNATURES MUST BE NOTARIZED. Attach notarial acknowledgments.
Sample Payment Bond
32
PAYMENT BOND
(Labor and Material)
KNOW ALL MEN BY THESE PRESENT:
That WHEREAS, ______________________________________________________________ and
_________________________________________________________________________, hereinafter
designated as the "Principal", have entered into a contract for the furnishing of all materials and labor,
services and transportation, necessary, convenient, and proper to construct:
City Hall Administration Remodel
Specification No. 91290
Which said agreement dated _______________________, 20____, and all of the Contract Documents are
hereby referred to and made a part hereof;
AND WHEREAS, the Principal is required, before entering upon the performance of the Work, to file a
good and sufficient bond with the body by whom the contract is awarded to secure the claims arising
under said agreement.
NOW, THEREFORE, THESE PRESENT WITNESSETH:
That the said Principal and the undersigned _________________________________ are held and firmly
bound unto all laborers, material men, and other persons referred to in Civil Code section 3248,
subdivision (b), in the sum of ____________________________________ Dollars ($__________) which
sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, or
assigns, jointly and severally, by these presents.
The condition of this obligation is that if the said Principal or any of its subcontractors, or the heirs,
executors, administrators, successors, or assigns of any, all, or either of them, will fail to pay any of the
persons named in Civil Code section 3181, or any of the amounts due as specified in Civil Code section
3248, subdivision (b), to pay for any materials, provisions, provender or other supplies, or teams, used in,
upon, for, or about the performance of the work contracted to be done, that said Surety will pay the same
in an amount not exceeding the amount hereinabove set forth, and also in case suit or other legal
proceeding is brought upon this bond, will pay costs and reasonable attorney's fees to be awarded and
fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons,
companies, and corporations entitled to file claims so as to give a right of action to them or their assigns in
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation will become null and void,
otherwise it will be and remain in full force and effect.
And the said Surety, for value received, thereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of said contract or the specifications accompanying the same will in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension,
alteration, or addition.
Death of the Principal will not relieve surety of its obligations hereunder.
IN WITNESS WHEREOF, the Principal and Surety have duly executed this instrument this
____________________ day of _____________________, 20____.
Sample Payment Bond
33
CONTRACTOR:
Name: _____________________________________
Address: _____________________________________
_____________________________________
Phone No.: _____________________________________ (Corporate Seal)
By: _____________________________________
SURETY:
Name: _____________________________________
Address: _____________________________________
_____________________________________
Phone No.: _____________________________________
By: _____________________________________
(Attorney-in-fact)
NOTE: This bond must be executed by both parties, and, in the case of a corporation, with the corporate
seal affixed. ALL SIGNATURES MUST BE NOTARIZED. Attach notarial acknowledgments.
Sample Escrow Agreement
34
ESCROW AGREEMENT
FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of San Luis Obispo, whose
address is 990 Palm Street, San Luis Obispo, California, 93401 (hereinafter called “City”),
_________________________whose address is _______________________ (hereinafter called
“Contractor”); and ____________________________, a state or federally chartered bank in California
whose address is_______________________________ (hereinafter called “Escrow Agent”).
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:
1. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor has the
option to deposit securities with Escrow Agent as a substitute for retention earnings required to be
withheld by the City pursuant to the Contract entered into between the City and Contractor for
___________________________________ in the amount of ___________________ Dollars
($_________________), and dated _______________, 2000, (the “Contract”). Alternatively, on
written request of the Contractor, the City will make payments of the retention earnings directly to the
Escrow Agent. When Contractor deposits the securities as a substitute for retention earnings, the
Escrow Agent must notify the City within ten (10) calendar days of the deposit. The market value of
the securities at the time of the substitution, as valued by the City, must be at least equal to the cash
amount then required to be withheld as retention under the terms of the Contract between the City and
Contractor. If the City determines that the securities are not adequate it will notify Contractor and
Escrow Agent, and Contractor must deposit additional security as further determined by the City.
Securities must be held in the name of the City and must designate the Contractor as the beneficial
owner.
2. Thereafter, City will make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent
must hold them for benefit of the Contractor until such time as the escrow created under this Escrow
Agreement is terminated. The Contractor may direct the investment of the payments into securities. All
terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties must
be equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor must be responsible for paying all fees for the expenses incurred by Escrow Agent in
administering the Escrow Account and all expenses of the City. These expenses and payment terms
will be determined by the City, Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest
earned on that interest will be for the sole account of Contractor and will be subject to withdrawal by
Contractor at any time and from time to time without notice to the City.
6. Contractor will have the right to withdraw all or any part of the principal in the Escrow Account only by
written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent
that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City will have the right to draw upon the securities or any amount paid directly to Escrow Agent in
the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from
the City of the default, the Escrow Agent must immediately convert the securities to cash and shall
distribute the cash.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and
that the Contractor has complied with all requirements and procedures applicable to the Contract,
Escrow Agent will release to Contractor all securities and interest on deposit less escrow fees and
charges of the Escrow Account pursuant to the terms in Section 10263 of the Public Contracts Code.
The escrow will be closed immediately upon disbursement of all moneys and securities on deposit and
payment of fees and charges.
9. Escrow Agent must rely on the written notifications from the City and Contractor pursuant to Sections
(5), (6), (7), and (8) of this Agreement and the City and Contractor will hold Escrow Agent harmless
from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
10. Pursuant to Public Contract Code section 22300, Contractor must pay to each subcontractor, not later
than twenty (20) days after receipt of the payment, the respective amount of interest earned, net of
Sample Escrow Agreement
35
costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to
insure the performance of the Contractor.
11. Securities eligible for investment under this Agreement, as provided by Public Contract Code section
22300, will be those listed in section 16430 of the Government Code, 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 the Contractor and the City.
12. The names of the persons who are authorized to give written notice or to receive written notice on
behalf of the City, the Contractor, and the Escrow Agent in connection with the foregoing, and
exemplars of their respective signatures are as follows:
Sample Escrow Agreement
36
ON BEHALF OF CITY: ON BEHALF OF CONTRACTOR:
______________________________ ______________________________
Title Title
______________________________ ______________________________
Name Name
______________________________ ______________________________
Signature Signature
ON BEHALF OF ESCROW AGENT:
______________________________
Title
______________________________
Name
______________________________
Signature
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date
first set forth above.
CITY: CONTRACTOR:
______________________________ ______________________________
Title Title
______________________________ ______________________________
Name Name
______________________________ ______________________________
Signature Signature
ESCROW AGENT:
______________________________
Title
______________________________
Name
______________________________
Signature
Guarantee of Work
37
GUARANTEE OF WORK
A guarantee in the form of written warranty must be supplied by Contractor on Contractor's own letterhead
as follows:
WARRANTY FOR:
City Hall Administration Remodel
Specification No. 91290
Contractor hereby unconditionally guarantees the work under this contract to be in conformance with the
contract requirements and to be and remain free of defects in workmanship and materials for a period of 1
year from the date of Formal Acceptance of the project pursuant to Section 9.7.2 of the General
Conditions, unless a longer guarantee period is stipulated in the Contract Documents. By this guarantee
Contractor agrees, within the guarantee period, to repair or replace any work, together with any adjacent
work which may be displaced in so doing which is not in accordance with the requirements of the contract
or which is defective in its workmanship or material, all without any expense whatsoever to the City,
ordinary wear and tear and unusual abuse or neglect excepted.
Special guarantees that are required by the contract must be signed by Contractor who is responsible for
the entire work and countersigned by the subcontractor who performs the work.
Contractor further agrees that within 10 calendar days after being notified in writing by the City of any work
not in accordance with the requirements of the Contract or of any defects in the work, it must commence
and prosecute with due diligence all work necessary to fulfill the terms of this guarantee and to complete
the work within a reasonable period of time. Contractor, in the event of failure to so comply, does hereby
authorize City to proceed to have the work done at Contractor's expense and it agrees to pay the cost
thereof upon demand. City will be entitled to all costs including reasonable attorney's fees necessarily
incurred upon Contractor's refusal to pay the above cost.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard
to health or safety of the City, employees, property, or licenses, City may undertake at Contractor's
expense, without prior notice, all work necessary to correct such hazardous conditions caused by work of
Contractor not being in accordance with the requirements of this contract.
Signed:______________________________
Signature
______________________________
Name and Title
______________________________
License No.
______________________________
Date
Release
38
RELEASE
AGENT: City of San Luis Obispo
CONTRACTOR: ______________________________
WORK:
City Hall Administration Remodel
Specification No. 91290
In consideration of final payment of undisputed contract amounts relating to the above-referenced work,
Contractor hereby releases the City of San Luis Obispo, State of California (the "City") from any and all
claims for payment on the work, except for the disputed work and the disputed amounts set forth below:
DESCRIPTION OF DISPUTED WORK DISPUTED AMOUNTS
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
CHECK IF NONE: ______________
Contractor acknowledges that it has been advised by its attorneys concerning, and is familiar with, the
provisions of California Civil Code Section 1542, which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.
Contractor, in that connection, acknowledges that it may have sustained damages, losses, costs or
expenses that are presently unknown to Contractor or damages, losses, costs or expenses which have
already been sustained but which may give rise to additional damages, losses, costs or expenses in the
future. Nevertheless, Contractor acknowledges that this Release has been negotiated and agreed upon in
light of that situation, and hereby expressly waives any and all rights which it may have under California
Civil Code Section 1542 or under any other state or federal statutes or common law principle of similar
effect.
CONTRACTOR:
By: _________________________ ____________________________
Signature Date
_________________________
Print Name
Maintenance Bond
39
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, the City of San Luis Obispo, State of California, and
_______________________________________, (hereinafter designated as "Principal") have entered into
an agreement for the furnishing of all materials, labor, services and transportation, necessary, convenient,
and proper to_________________________________________, which said Agreement dated
____________, 20_____, and all of the Contract Documents attached or forming a part of said
Agreement, are hereby referred to and made a part hereof; and
WHEREAS, pursuant to law, the Principal is required after completion of the Work, and before the filing
and recordation of a Notice of Completion for the Work, to file a good and sufficient bond with the body by
whom the contract is awarded, to secure claims for Maintenance equal to ten percent (10%) of the total
amount of the Contract which will hold good for a period of one year after the completion and acceptance
of the Work, to protect the City against the result of faulty material or workmanship during that time.
NOW, THEREFORE, said Principal and the undersigned _______________________________ as
corporate surety, are held and firmly bound unto the City of San Luis Obispo, for repair or replacement of
any and all of our work together with any other adjacent work which may be displaced by so doing, that
prove to be defective in its workmanship or material for the period of one (1) year (except when otherwise
required in the Contract to be for a longer period) from date of formal acceptance of the above mentioned
structure by City, ordinary wear and tear and unusual abuse or neglect excepted. Said date of formal
acceptance will be as defined in Article 9.7.2 FINAL COMPLETION AND ACCEPTANCE OF THE WORK
of the GENERAL CONDITIONS of these Contract Documents, in the sum of
__________________________________________ Dollars ($___________________), lawful money of
the United States, for the payment of which sum well and truly made, we bind ourselves, our heirs,
executors, administrators, successors, or assigns, jointly and severally by these presents.
The condition of this obligation is such that if the said Principal or any of his or its subcontractors, or the
heirs, executors, administrators, successors, or assigns of any, all or either of them, will fail to execute
within a reasonable amount of time, or fail to respond within seven (7) calendar days with a written
schedule acceptable to the City for same, repair or replacement of any and all of our work together with
any other adjacent work which may be displaced by so doing, that prove to be defective in its
workmanship or material for the period of one (1) year (except when otherwise required in the Contract to
be for a longer period) from date of acceptance of the above mentioned structure by City , ordinary wear
and tear and unusual abuse or neglect excepted. With respect to such work and labor, that the surety
herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation will be void. In case suit is brought upon this bond, the said surety will pay a reasonable
attorney's fee to be fixed by the court.
Should the condition of this bond be fully performed, then this obligation will become null and void,
otherwise it will be and remain in full force, virtue, and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of said contract or to the Work to be performed thereunder or the
specifications accompanying the same will in any manner affect its obligations on this bond, and it does
hereby waive notice of any such change, extension, alteration, or addition.
Death of the Principal will not relieve Surety of its obligations hereunder.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named,
on the _____ day of ______, 20____.
PRINCIPAL:
Name:_______________________________________
Maintenance Bond
40
Address:____________________________________
____________________________________________
Phone No.:__________________________________ (Seal)
By:_________________________________________
SURETY:
Name:_______________________________________
Address:____________________________________
____________________________________________
Phone No.:__________________________________
By:_________________________________________
(Attorney-in-fact)
NOTE: This bond must be executed by both parties, and, in the case of a corporation, with the corporate
seal affixed. All signatures must be notarized. Attach notarial acknowledgments.
Notice of Potential Claim Forms
41
NOTICE OF POTENTIAL CLAIM FORMS
Initial Notice of Potential Claim
Supplemental Notice of Potential Claim
Full and Final Documentation of Potential Claim
Notice of Potential Claim Forms
42
Notice of Potential Claim Forms
43
Notice of Potential Claim Forms
44
TABLE OF CONTENTS
General Conditions
GENERAL CONDITIONS
TABLE OF CONTENTS
1. DEFINITIONS AND TERMS .................................................................................................... 1
2. Blank ............................................................................................................................................ 5
3. Blank ............................................................................................................................................ 5
4. SCOPE OF WORK .................................................................................................................... 6
4.1 Intent of Plans and Specifications. .................................................................................. 6
4.2 Project Sign, Advertising. ................................................................................................. 6
4.3 Clean Up of Project Site (Housekeeping). ..................................................................... 6
4.4 Record Drawings and Specifications. ............................................................................. 7
4.5 Changes in the Work. ........................................................................................................ 7
4.5.1 General. ............................................................................................................................ 7
4.5.2 Change Order Procedures. ........................................................................................... 8
4.5.3 Agreement of Change Order Costs. ............................................................................ 9
4.5.4 Failure to Agree with Proposed Costs & Force Account Work ................................ 9
4.5.5 Change Order Acknowledgements. ........................................................................... 10
4.5.6 Allowable Costs and Markups for Change Orders and Force Account Work ..... 10
4.5.7 Allowable Time Extensions. ........................................................................................ 13
4.5.8 Emergency Changes. ................................................................................................... 13
4.5.9 Minor Changes in the Work ......................................................................................... 13
4.5.10 Eliminated Items. .......................................................................................................... 13
4.5.11 Protest of Change Orders. .......................................................................................... 13
5. CONTROL OF WORK ............................................................................................................ 15
5.1 Administrators of the Contract. ...................................................................................... 15
5.1.1 Authority of the City. ..................................................................................................... 15
5.1.2 Role of the Architect. .................................................................................................... 15
5.1.3 Role of the City Representative. ................................................................................. 15
5.1.4 Role of the Inspector. ................................................................................................... 16
5.2 City’s Right to Stop Work ................................................................................................ 16
5.3 Conformity with Contract Documents and Allowable Deviations ............................. 16
5.4 Coordination and Interpretation of Contract Documents ........................................... 17
TABLE OF CONTENTS
General Conditions
5.4.1 Conflicts. ......................................................................................................................... 17
5.4.2 Omissions. ..................................................................................................................... 18
5.4.3 Product Designation. .................................................................................................... 19
5.4.4 Reference Standards. .................................................................................................. 19
5.5 Issuance of Documents After Contract Award - Interpretations, Clarifications,
Changes. ....................................................................................................................................... 19
5.5.1 Request for Information (RFI). .................................................................................... 19
5.5.2 Cost Request Bulletins (CRB). ................................................................................... 20
5.5.3 Field Orders. .................................................................................................................. 20
5.5.4 Change Orders. ............................................................................................................. 20
5.5.5 City 's Directives. .......................................................................................................... 21
5.6 Work Beyond the Scope. ................................................................................................ 21
5.7 Order of work. ................................................................................................................... 21
5.8 Superintendence and Labor Force. .............................................................................. 21
5.9 Lines and Grades. ........................................................................................................... 22
5.9.1 General ........................................................................................................................... 22
5.9.2 Survey Reference Points. ............................................................................................ 22
5.9.3 Project Survey Requirements. .................................................................................... 22
5.10 Inspection .......................................................................................................................... 23
5.11 Uncovering of work .......................................................................................................... 23
5.12 Inspection of the Work of Other Contractors ............................................................... 24
5.13 Removal of Rejected and Unauthorized Work ............................................................ 24
5.14 Alternate Methods of Construction ................................................................................ 24
5.15 Differing Site Conditions. ................................................................................................ 24
5.16 Archaeological Monitoring. ............................................................................................. 25
5.17 Discovery of Asbestos and Hazardous Substances. ................................................. 26
5.18 Hazardous Material Work Limitations. .......................................................................... 26
5.19 City’s/Contractor’s Responsibility for Hazardous Materials on the Work Site. ...... 26
5.20 Character of Workers. ..................................................................................................... 27
5.21 Cost Reduction Incentive. .............................................................................................. 27
6. CONTROL OF MATERIALS .................................................................................................. 30
6.1 Source of Supply and Quality of Materials. ................................................................. 30
6.2 Contractor’s Responsibility for Submittals and Shop Drawings. .............................. 30
TABLE OF CONTENTS
General Conditions
6.3 Storage of Materials. ....................................................................................................... 30
6.4 Defective Materials. ......................................................................................................... 30
6.5 Trade Names, Alternatives and Substitutions of “or Equal” Materials. ................... 31
6.6 Plant Inspection. .............................................................................................................. 31
6.7 Testing of Materials. ........................................................................................................ 31
6.8 Hazardous and Contaminated Materials Furnished by the Contractor. .................. 32
7. LEGAL RELATIONS AND RESPONSIBILITY .................................................................... 33
7.1 Laws to be Observed. ..................................................................................................... 33
7.2 Payments to Sub-contractors. ....................................................................................... 33
7.3 Labor Code Requirements. ............................................................................................ 33
7.3.1 Hours of Labor. ............................................................................................................. 33
7.3.2 Prevailing Wage. ........................................................................................................... 34
7.3.3 Travel and Subsistence Payments. ........................................................................... 36
7.3.4 Payroll Records. ............................................................................................................ 36
7.3.5 Labor Nondiscrimination. ............................................................................................. 39
7.3.6 Apprentices. ................................................................................................................... 39
7.3.7 Workers’ Compensation. ............................................................................................. 43
7.3.8 Suits to Recover Penalties and Forfeitures. ............................................................. 43
7.4 Vehicle Code. ................................................................................................................... 43
7.5 Trench Safety (More than 5 Feet Deep). ..................................................................... 43
7.6 Air Pollution Control. ........................................................................................................ 44
7.7 Water Pollution. ................................................................................................................ 44
7.8 Compliance with Regulatory Agency Requirements. ................................................. 45
7.9 Use of Pesticides. ............................................................................................................ 46
7.10 Sound Control Requirements. ....................................................................................... 46
7.11 Encroachment Permits. .................................................................................................. 46
7.12 Traffic Control. .................................................................................................................. 46
7.13 Fire Department Permits. ............................................................................................... 47
7.14 Temporary Use Permit. ................................................................................................... 47
7.15 Assignment of Antitrust Actions. .................................................................................... 47
7.16 Payment of Taxes. ........................................................................................................... 47
7.17 Permits and Licenses. ..................................................................................................... 47
TABLE OF CONTENTS
General Conditions
7.18 Patents. ............................................................................................................................. 48
7.19 Safety and Health Provisions. ........................................................................................ 48
7.20 Public Notification. ........................................................................................................... 48
7.21 Public Convenience. ........................................................................................................ 49
7.22 Protection of the Public and Adjacent Property: ......................................................... 49
7.23 Safety. ................................................................................................................................ 50
7.24 Use of Explosives. ........................................................................................................... 50
7.25 Preservation of Property. ................................................................................................ 50
7.26 Indemnification and Insurance. ...................................................................................... 51
7.26.1 Indemnification. ............................................................................................................. 51
7.26.2 Insurance. ...................................................................................................................... 52
7.27 Disposal of Material. ........................................................................................................ 52
7.28 Cooperation and Coordination with Other Contractors. ............................................ 53
7.29 Occupancy by City Prior to Acceptance. ...................................................................... 53
7.30 Contractor’s Responsibility for the Work and Materials. ............................................ 54
7.31 Damage by Storm, Flood, Tsunami or Earthquake. ................................................... 55
7.32 Acceptance of Contract. ................................................................................................. 57
7.33 Property Rights in Materials. .......................................................................................... 57
7.34 Rights in Land and Improvements. ............................................................................... 57
7.35 Contractor's Use of Site and Public Right-of-Way. ..................................................... 57
7.36 Personal Liability. ............................................................................................................. 58
7.37 Ownership and Use of Documents. .............................................................................. 58
7.38 Guarantee. ........................................................................................................................ 58
8. PROSECUTION AND PROGRESS ..................................................................................... 60
8.1 Subcontracting. ................................................................................................................ 60
8.1.1 General. .......................................................................................................................... 60
8.1.2 Loss or Damage to Subcontractor. ............................................................................ 60
8.1.3 Assignment of Subcontracts. ...................................................................................... 60
8.1.4 Substitution of Subcontractor. ..................................................................................... 61
8.1.5 Requests for Substitution of Subcontractor. ............................................................. 62
8.1.6 No Change in Contract. ............................................................................................... 62
8.2 Assignment. ...................................................................................................................... 63
8.3 Beginning of Work and Contract Time. ........................................................................ 63
TABLE OF CONTENTS
General Conditions
8.3.1 Contract Time. ............................................................................................................... 63
8.3.2 Pre-construction Conference. ..................................................................................... 63
8.3.3 Start of Contract Time. ................................................................................................. 63
8.3.4 Beginning of Work. ....................................................................................................... 63
8.4 Progress Schedule. ......................................................................................................... 64
8.5 Temporary Suspension of Work. ................................................................................... 64
8.6 Time of Completion. ........................................................................................................ 65
8.7 Adjustment of Contract Time and Allowable Time Extensions. ................................ 66
8.7.1 Changes in Work. ......................................................................................................... 66
8.7.2 Acts of God and Unusual Action of the Elements. .................................................. 66
8.7.3 Acts of the City and Emergency Changes. ............................................................... 66
8.7.4 City’s Right to Extend. .................................................................................................. 67
8.7.5 Procurement of Materials. ........................................................................................... 67
8.7.6 Delays Due to Litigation. .............................................................................................. 67
8.8 Liquidated Damages. ...................................................................................................... 68
8.9 City-Caused Delays. ........................................................................................................ 68
8.10 Utilities and Site Facilities. .............................................................................................. 69
8.10.1 General. .......................................................................................................................... 69
8.10.2 Utilities Identified for Rearrangement. ....................................................................... 69
8.10.3 Unidentified/Inaccurately Identified Utilities. ............................................................. 70
8.11 Termination of Contract. ................................................................................................. 72
8.11.1 Termination of Contract for Cause. ............................................................................ 72
8.11.2 Termination of Contract for Convenience. ................................................................ 73
9. PAYMENT AND COMPLETION ............................................................................................ 76
9.1 Scope of Payment. .......................................................................................................... 76
9.2 Force Account Payment. ................................................................................................ 76
9.3 Notice of Potential Claim ................................................................................................ 76
9.4 Stop Notices. .................................................................................................................... 76
9.5 Partial Payments. (Progress Payments) ...................................................................... 76
9.5.1 Schedule of Values. ..................................................................................................... 76
9.5.2 Application for Payment. .............................................................................................. 77
9.5.3 Withholding of Retention. ............................................................................................ 77
TABLE OF CONTENTS
General Conditions
9.5.4 Monthly Payment. ......................................................................................................... 78
9.5.5 Interest Due. .................................................................................................................. 78
9.5.6 Correction of Statement and Withholding of Payment............................................ 78
9.6 Substitution of Securities ................................................................................................ 78
9.7 Project Completion and Final Payments. ..................................................................... 79
9.7.1 Substantial Completion: ............................................................................................... 79
9.7.2 Final Completion And Acceptance Of The Work. .................................................... 80
9.7.3 Final Payment and Claims. ......................................................................................... 80
9.8 Non-Waiver: ...................................................................................................................... 81
DEFINITIONS AND TERMS
General Conditions
1
GENERAL CONDITIONS
1. DEFINITIONS AND TERMS
1.1 The following terms used in the contract documents are defined as follows:
Addendum: A document issued by the City during the bidding period that may
modify, supersede or supplement portions of the contract documents.
Architect: Any person, firm, or corporation hired or employed by the City, as a
licensed Architect or Engineer for the purpose of preparing the plans and
specifications for the Work and who will represent the City as Architect or Engineer
for the Project. Any references to Architect or Engineer for the purposes of
authorizations or approvals will be interpreted to mean “City.”
Bid Date: The day on which bid proposals for a project are opened.
Bidder: Any person or business entity acting directly or through an authorized
representative who submits a proposal for the work.
Change Order: A written agreement entered into after the award of this contract that
alters or amends the executed contract.
City: The City Engineer or other such representative authorized to act on behalf of
the City.
City Holiday: Any day designated by action of the City as a City Holiday.
City Office: The office of the Public Works Department, City of San Luis Obispo
located at 919 Palm Street, San Luis Obispo, California, 93401.
City Representative: Any person, firm, agent or corporation employed by or hired
by the City to act as Project Manager, Construction Manager, Project Administrator
and/or Project Coordinator for the work.
Contract: The contract document which represents the entire agreement between
City and Contractor, and which supersedes any prior negotiations,
representations, or agreements either written or verbal.
Contract Documents: The full, complete and exclusive contract between the
parties hereto consisting of the following identified documents (the "Contract
Documents"): Notice to Bidders, Instructions to Bidders, Information Available to
Bidders, Proposal Forms, Listing of Subcontractors, Non-Collusion Declaration,
Bidder's Bond, Agreement, Escrow Agreement for Security Deposits in Lieu of
Retention, Performance Bond, Payment Bond, Maintenance Bond, Insurance
Requirements, Guarantee of Work, Release, General Conditions, Specifications,
referenced documents, City Standard Specifications and Engineering Standards,
any addenda, and any change orders, field orders or directives issued pursuant to
and in accordance with the Agreement.
Contract Sum: The actual bid amount including additive or deductive Bid
Alternates, if applicable, as selected for Award of Bid by the City and as
subsequently adjusted by Change Orders.
DEFINITIONS AND TERMS
General Conditions
2
Contractor: The person, firm, partnership, or corporation to whom this Contract is
awarded by City and who is subject to the terms hereof. The Contractor is referred
to throughout the Contract Documents as if singular in number. The term
“contractor” means the Contractor or its authorized representative.
Days: The term “day” as used in the Contract Documents means calendar day
unless otherwise specifically defined.
Drawings: The Drawings are graphic and pictorial portions of the Contract
Documents prepared for the Project and approved changes thereto, wherever
located and whenever issued, showing the design, location, and scope of the
Work, generally including plans, elevations, sections, details, schedules, and
diagrams as drawn or approved by the Architect.
Engineer: The City Engineer of the City of San Luis Obispo, acting either directly
or through properly authorized agents, such agents acting within the scope of the
particular duties delegated to them.
Engineering Standards: The Engineering Standards of the City of San Luis
Obispo, dated February 2014.
Inspector: Any person, firm, or corporation employed by or hired by the City to
perform Resident Inspection or part time inspection during construction of the
Work.
Legal Holidays: Those days designated as State holidays in the Government
Code.
Liquidated Damages: The amount prescribed in the specifications, pursuant to the
authority of Public Contract Code Section 10226, to be paid to the City or to be
deducted from any payments due or to become due the Contractor for each day's
delay in completing the whole or any specified portion of the work beyond the time
allowed in the contract documents.
Owner: Will mean the City of San Luis Obispo, California acting through the City
Engineer or its authorized agent.
Plans: The drawings approved by the City which include elevations, sections, details,
schedules, diagrams, information, notes, or reproductions or any of these, and which
show the location, character, dimension, or details of the work.
Project: The entire Work of improvement proposed by City to be constructed in
whole or in part pursuant to this Contract.
Proposal: The offer of the bidder for the work when made out and submitted on the
prescribed proposal forms, properly signed and guaranteed.
Proposal Forms: The approved forms upon which the City requires formal bids be
prepared and submitted for the work.
Proposal Guaranty: The cash, cashier's check, certified check, or bidder's bond
accompanying the proposal submitted by the bidder, as a guaranty that the bidder will
enter into a contract with the City for the performance of the work if the contract is
awarded to him.
DEFINITIONS AND TERMS
General Conditions
3
Site: The area specified in the contract for the project and the area made available
for Contractor's operation.
Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for material, equipment, construction
systems, instructions, quality assurance standards, workmanship, and
performance of related services.
Standard Specifications (State or City): Shall mean the Standard Specification of
the City of San Luis Obispo, dated February 2014 which modify the 2010 Standard
Specifications of the California Department of Transportation.
Subcontractor: A person, firm, partnership, or corporation having a direct contract
with Contractor for the performing of work or labor or the rendering of service to
Contractor for the Work.
Superintendent: The executive representative of the Contractor present at the
work site at all times during progress, who is authorized to direct performance of
the work and receive and fulfill instructions from the City Representative.
Supplier: Any person or business entity who contracts with Contractor to provide
materials or equipment.
Surety: Any person, firm, partnership, or corporation that executes as Surety for
Contractor's Performance Bond and/or the Contractor's Payment Bond and/or the
Bidder's Bond and/or Maintenance Bond.
Unusual Action of the Elements: The term "unusual action of the elements" is
limited to extraordinary adverse weather conditions or conditions immediately
resulting therefrom that cause a cessation in the progress of the work that will
delay the time of completion of the contract. The written conditions will be
monitored at the closest location of the City of San Luis Obispo equipment and
interpolated to the construction site.
Work: Work to be performed on or in connection with the Project under this
Contract including, but not limited to work normally done at the site of the Project
plus labor and materials. It will include the initial obligation of the Contractor and
any subcontractor, who performs any portion of the Work, to visit the site of the
proposed Work, a continuing obligation after the commencement of the Work to
fully acquaint and familiarize itself with the conditions as they exist and the
character of the operations to be carried on under the Contract Documents, and
make such investigation as it may see fit so that it will fully understand the
facilities, physical conditions, and restrictions attending the Work under the
Contract Documents. The Contractor and any subcontractor will also thoroughly
examine and become familiar with the Drawings, Specifications, and associated
bid documents. The "site" refers to the grounds of the Project as defined in the
Contract Documents and such adjacent lands as may be directly affected by the
performance of the Work.
1.2 Specification Interpretation.
Titles. The Specifications are separated into titled sections for convenience only
DEFINITIONS AND TERMS
General Conditions
4
and not to dictate or determine the trade or craft involved.
As Shown, Etc. Where “as shown,” “as indicated,” “as detailed,” or words of similar
import are used, reference is made to the Drawings accompanying the
Specifications unless otherwise stated. Where “as directed,” as required, “as
permitted,” “as authorized,” permission, authorization, approval, acceptance, or
selection by Architect/Project Engineer is intended unless otherwise stated.
Provide. “Provide” means “provided complete in place,” that is, furnished,
installed, tested, and ready for operation and use.
General Conditions. The General Conditions are a part of each and every section
of the Specifications.
Abbreviations. In the interest of brevity, the Specifications are written in an
abbreviated form and may not include complete sentences. Nevertheless, the
requirements of the Specifications are mandatory. Omitted words or phrases will
be supplied by inference in the same manner as they are when a “note” occurs on
the Drawings.
Plural. Words in the singular will include the plural whenever applicable or the
context so indicates.
Standard Specification. Any reference to standard specifications of any society,
institute, association, or governmental authority is a reference to the organization’s
standard specifications, which are in effect at the date of your bid. If applicable
specifications are revised prior to completion of any part of the Work, you may, if
acceptable to the City, perform such Work in accordance with the revised
specifications. The standard specifications, except as modified in the
Specifications for the Project, have full force and effect as though printed in the
Specifications. The City will furnish, upon request, information as to how copies of
the standard specifications may be obtained.
Absence of Modifiers. In the interest of brevity, the Contract Documents frequently
omit modifying words such as “all” and “any” and articles such as “the” and “an,”
but the fact that a modifier or an article is absent from one statement and appears
in another is not intended to affect the interpretation of either statement.
1.3 Style Variations
The City is gradually standardizing the style of the specifications. The use of the
new style does not change the meaning of a Contract not using this style. The new
style includes the use of:
1. Imperative mood
2. Introductory modifiers
3. Conditional clauses
4. Industry-standard terms.
The new style also includes the elimination of:
1. Language variations
DEFINITIONS AND TERMS
General Conditions
5
2. Definitions for industry-standard terms
3. Redundant specifications
4. Needless cross-references.
Because of this transition, some terms or clauses may be different or inconsistent
from others used throughout this document, but for the purpose of this Contract,
may be considered to have the same meaning.
2. Blank
3. Blank
SCOPE OF WORK
General Conditions
6
4. SCOPE OF WORK
4.1 Intent of Plans and Specifications.
The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work. The Contract documents are complementary,
and what is required by one will be as binding as if required by all. Where the
Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that only the best general practice is to prevail and
that only materials and workmanship of the first quality are to be used. Words and
abbreviations that have well-known technical or trade meanings are used in the
Contract Documents in accordance with such recognized meanings.
Work not covered in the Contract Documents will not be required unless it is
consistent therewith and is reasonably inferred there from as being necessary to
produce the intended results.
Unless otherwise specified, you will be required to furnish all labor, materials, tools,
equipment, and incidentals, and do all the work involved in executing the contract in
a satisfactory and workmanlike manner.
It is your responsibility to obtain and maintain at the job site a copy of the project
plans, specifications and all current applicable standard drawings and specifications
for reference during the course of the work.
4.2 Project Sign, Advertising.
If required as part of the work under the contract, it will be your responsibility to
furnish and install a project sign. No advertising is permitted on the project or site
without written permission from the City.
4.3 Clean Up of Project Site (Housekeeping).
You must maintain the work site in a safe, clean and neat condition at all times.
Clean up all work at frequent intervals and at other times when directed by the
Engineer. All crates, cartons, paper, and other flammable waste materials must be
removed from work areas and properly disposed of at the end of each day.
Additionally, prior to the end of each workday, all equipment and material must be
removed from the public right-of-way and the public right-of-way must be cleaned,
made safe and restored to a normal operating status. Remove from and about the
Site all waste materials, rubbish, tools, construction equipment, machinery, and
materials no longer required for the Work. Upon completion of the work, remove
from the premises construction equipment and any waste materials not previously
disposed of, leaving the premises thoroughly clean and ready for occupancy.
When another Contractor is engaged in work at or near the site, both of you will be
responsible for cleanup and removal of your own rubbish, equipment, and any waste
materials not previously disposed of.
If a dispute arises as to which contractor is responsible for cleaning up, or if you fail
to maintain the Work in a clean and safe manner in the opinion of the Engineer, the
Engineer may clean up and withhold the expense incurred from payments.
SCOPE OF WORK
General Conditions
7
4.4 Record Drawings and Specifications.
You will be given one extra set of working drawings and specifications for you to
keep at the site of the Work at all times. During the course of construction, maintain
working drawings, kept up each day, to show the project as it is actually constructed.
The following are to be inserted and dimensioned on said drawings and
specifications in RED: exact locations of all pipes and conduits, all changes in
construction, materials and installed equipment. All change orders are to be shown
by reference to sketch drawings, and any supplementary drawings or change order
drawings must be included. The altered contract drawings must be sufficiently
detailed so that future work on the project or in adjacent areas may be conducted
with a minimum of difficulty. Prior to Final Inspection of the Work, submit the
completed record drawings to the Engineer.
4.5 Changes in the Work.
4.5.1 General.
The Engineer may order additions, deletions or revisions in the general scope
of the Work or extensions or deletions to the time for completion of the
contract without invalidating the Contract Documents and without notice to
your sureties.
The difference in cost of the work affected by any such change will be added
to or deducted from the Contract Sum, as the case may be, by a fair and
reasonable valuation, determined by one or more of the following methods:
(1) By unit prices stated in the Contract Documents or the approved
Schedule of Values;
(2) By unit prices negotiated and agreed to between the parties:
(3) By a lump sum amount negotiated and agreed to between the parties:
(4) By Force Account Payment when directed in writing by the Engineer.
The changes will be set forth in a Change Order which will specify, in addition
to the work to be done in connection with the change made, adjustment of
contract time, if any, and the basis of compensation for that work. A Change
Order will not become effective until approved by the Engineer.
You may request changes in the work, but must not act on the changes until
approved in writing by the Engineer. Any change made without authority in
writing from the Engineer will be your responsibility, and no increase in
compensation will be provided to you. Any changes not authorized in writing,
involving greater or lesser expense, may be rejected by the Engineer with the
consequent responsibility on you to replace at your own expense the
changed work with that originally specified
On the basis set forth herein, the Contract Sum will be adjusted for any
Change and the partial payments (progress payments) to you will be adjusted
to reflect the change.
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General Conditions
8
Whenever the necessity for change arises, and when so ordered by the
Engineer in writing, you must take all necessary steps to halt such other work
in the area of the change that might be affected by the ultimate change.
Changed work is to perform all changed work in accordance with the original
contract requirements unless stated otherwise by the Change Order. Except
as herein provided, you will not be compensated due to change in the work.
Upon receipt of an approved Change Order, proceed with the ordered work.
If ordered in writing by the Engineer, proceed with the ordered work prior to
actual receipt of an approved change order. In those cases, the Engineer
will, as soon as practicable, issue an approved Change Order for the ordered
work and the provisions in Section 4.5.11, "Protest of Change Orders.," will
be fully applicable to the subsequently issued Change Order.
The Engineer will not be held liable for any delays caused by factors beyond
its control, including but not limited to any other local, State or federal
agency’s review of bids, change orders, RFI’s or any other documents.
4.5.2 Change Order Procedures.
The Engineer will issue to you a Cost Request Bulletin (CRB) for a proposed
Change Order describing the intended change. The CRB will require you to
provide a proposed amount to be added to or subtracted from the Contract
Sum due to the change. When requested by the Engineer, your proposed
amount must be accompanied with an itemized breakdown and supporting
data of the quantities and prices used in computing the detailed estimate of
cost. Upon request by the Engineer, you must allow the inspection of the
original contract estimate, subcontract agreements, or purchase orders
relating to the change. Allowable costs and markups used to compute the
estimated costs must be in accordance with Section 4.5.6, “Allowable Costs
and Markups for Change Orders and Force Account Work. Any costs
incurred to acquire information relative to a proposed change order are your
responsibility.
Include in the proposed cost any request for time extension to the contract
that is directly attributable to the proposed changed work. Failure to request
adjustment of time on the response to the CRB will result in your waiving of
any right to subsequently claim an adjustment of the time for final completion
based on the changed work.
Submit the response to the CRB with supporting data and any time extension
request to the Engineer within 15 calendar days after issuance of the CRB. If
you have not submitted the response within the required time and you have
not obtained the Engineer’s permission for a delay in submission, the
Engineer may issue an order in writing for you to begin the work immediately,
and the contract price will be adjusted in accordance with Engineer’s estimate
of cost, unless you present proof, within 15 calendar days following
completion of the changed work, that the Engineer’s estimate was in error.
SCOPE OF WORK
General Conditions
9
Proposed Change Orders may be presented to you for consideration prior to
approval by the Engineer. If you signify acceptance of the terms and
conditions of the proposed Change Order by executing the document and if
the Change Order is approved by the Engineer and issued to you, payment in
accordance with the provisions as to compensation therein set forth will
constitute full compensation for all work included therein or required thereby.
A Change Order executed by you and approved by the Engineer is an
executed Change Order. An approved contract change order will supersede
a proposed, but unapproved, contract change order covering the same work.
4.5.3 Agreement of Change Order Costs.
When you and the Engineer agree on the amount to be added to or deducted
from the contract sum and the time to be added to or deducted from the
contract time, and the change order is fully executed, immediately proceed
with the changed work.
If agreement is reached as to the adjustment in compensation for the
performance of changed work but agreement is not reached as to the time
adjustment for such work, proceed with the work at the agreed price,
reserving the right to further pursue his claim for a time adjustment per
Section 4.5.7, “Allowable Time Extensions.”
4.5.4 Failure to Agree with Proposed Costs & Force Account Work
(1) For Added Work - Notwithstanding the failure of you and the Engineer to
agree with the cost of the proposed change order or when extra or
unforeseen work is ordered by the Engineer to be performed as Force
Account Work, you must, upon written order from the Engineer, proceed
immediately with the changed work. At the completion of each day's
work, furnish to the Engineer, a detailed summary of all labor, materials,
and equipment employed in the changed work. The Engineer will
compare his records with your daily summary and may make any
necessary adjustments to the summary. After you and the Engineer
agree upon and sign the daily summary, the summary will become the
basis for determining costs for the additional work. The sum of these
costs with the allowable mark-ups will constitute the payment for the
changed work. The Engineer, however, may make subsequent
adjustments, based on later audits.
When changed work is performed at locations away from the job site,
furnish in lieu of the daily summary, a summary submitted at the
completion of the work containing a detailed statement of labor, material,
and equipment used in the work. You must sign and certify that the
information provided in the summary is true.
You must also maintain and furnish on demand of Engineer itemized
statements of cost from all vendors or subcontractors who perform
changed work or furnish materials and equipment for such work. The
vendors and subcontractors must sign all statements.
SCOPE OF WORK
General Conditions
10
(2) The Engineer reserves the right to use other forces to complete the
ordered change in work upon determination by the Engineer that it is in
the best interests of the City. For Deleted Work. When a proposed
change order contains a deletion of any work and you and the Engineer
are unable to agree upon the cost thereof, the Engineer’s estimate will be
deducted from the contract price and may be withheld from any payment
due until you present proof that Engineer’s estimate was in error. The
amount to be deducted will be the costs for labor, materials, and
equipment that would have been used on the deleted work. The
guidelines set forth in Section 4.5.6, “Allowable Costs and Markups for
Change Orders and Force Account Work," will be used in computing the
amounts involved.
(3) Duty to Proceed with the Project. Notwithstanding any dispute that may
arise in connection with a claim for adjustment of contract price, time for
completion of the contract or any other cause, always continue to
proceed with the Work promptly and directly.
4.5.5 Change Order Acknowledgements.
By agreeing to a Change Order, you irrevocably acknowledge that you have
given careful consideration to the changes proposed and agrees by the
Change Order to provide all equipment, furnish all labor and materials, and
perform all work and services necessary for the changes specified, and will
accept as full payment, the price approved by such Change Order.
4.5.6 Allowable Costs and Markups for Change Orders and Force Account Work
The following is a breakdown of allowable costs and mark ups for estimating
change orders and actual force account work. Submit substantiating
documentation with an itemized breakdown of direct costs pertaining to such
changed work. The only estimated or actual costs that will be allowed
because of changed work and the manner in which such costs will be
computed are as follows:
(1) Labor. You will be paid the direct cost of labor for the workers, including
foremen who are directly assigned to the work, used in the actual and
direct performance of the work. This cost of labor will be the sum of the
following:
a. The actual wages paid to the worker including employer payments to
or on behalf of the worker for health and welfare, pension, vacation
and similar purposes. No labor cost will be compensated at a rate in
excess of the wages prevailing in the locality at the time the work is
performed, nor will the use of a classification that would increase the
labor cost be permitted unless you establish, to the satisfaction of the
Engineer, the necessity for payment at a higher rate.
Payment for Foreman wages will be the prevailing wage rate of the
highest paid worker used on the changed work plus $1.00 hour.
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General Conditions
11
Payment for an owner, superintendent or other salaried employee
performing direct labor on the project will be at the prevailing wage
rate corresponding to the type of direct labor they performed. Labor
markup as defined in 4.5.6(4) constitutes full compensation for all
supervision cost and no separate payment will be made therefor.
b. To the actual wages as defined in Section 4.5.6(1)a. will be added an
11% labor surcharge which constitutes full compensation for all
payments imposed by state and federal laws and for all payments
made to, or on behalf of, the workers, other than actual wages as
defined in Section 4.5.6(1)a, and sustenance and travel allowance as
specified in Section 4.5.6(1)b.
(2) Materials. The cost for the materials directly required for the performance
of the changed work. Such cost of materials may include the costs of
procurement, transportation, and delivery if necessarily incurred. If a
trade discount by the actual supplier is available, it will be credited to City.
If the materials are obtained from a supply or source which you have
complete or partial ownership, payment therefor will not exceed the
current wholesale price for such materials.
If, in the opinion of the Engineer, the cost of materials is excessive, or if
you fail to furnish satisfactory evidence of the cost from the actual
supplier thereof, then the cost of the materials will be deemed to be the
lowest wholesale price at which similar materials are available in the
quantities required at the time they were needed.
The Engineer reserves the right to furnish such materials as it deems
advisable, and you will not be compensated for costs or lost profits on
material furnished by the Engineer.
(3) Equipment. For equipment you own, you will be paid for the use of the
equipment at the rental rates listed in the State Department of
Transportation publication entitled Labor Surcharge and Equipment
Rental Rates that is in effect on the date the contract is awarded. If
rented equipment or your equipment is not listed in the Rental Rate
publication, a suitable rental rate established by a local rental agency will
be used. No cost will be recognized in excess of the rental rates
established by distributors or equipment rental agencies in the locality
where the work is performed.
The rates paid for equipment will include the cost of fuel, oil, lubrication,
supplies, small tools, necessary attachments, repairs and maintenance of
any kind, depreciation, storage, insurance and all incidentals.
The rental time will include the time required to move the equipment to
the work from the nearest available source for rental of such equipment,
and to return it to the source. If such equipment is not moved by its own
power, then loading and transportation costs will be paid. However,
neither moving time nor loading and transportation costs will be paid if the
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General Conditions
12
equipment is used on the project in any other way than upon the changed
work. No payment will be made for time while equipment is idle or
inoperative due to breakdowns or for non-working days.
Individual pieces or equipment having a replacement value of $500.00 or
less are considered to be small tools or equipment, and no payment will
be made therefor.
At the pre-construction conference, submit a list of equipment
anticipated to be used on the project and the associated Caltrans
Equipment Rental Rate. Identify equipment that does not have an
established rate. The most current Caltrans Equipment Rental Rate
publication at the date of Contract Award will be used for the entire
project.
(4) Markups for Changed Work. You will be paid the direct costs for labor,
materials and equipment used in performing the changed work as
determined in the previous subsections (1), (2) and (3) above. To the
total of the direct costs the following markups will be added:
a. Labor 33%
b. Materials 15%
c. Equipment 15%
The above markups constitute full compensation for all delay costs,
overhead costs, supervision, site costs including but not limited to job
trailers and portable toilets, and profit deemed to include all items of
expense not specifically designated as cost in Section 4.5.6 (1), (2) & (3).
The total payment made constitutes full compensation therefor.
(5) Market Values. Cost for added work will be based on market values
prevailing at the time of the change unless you can establish to the
satisfaction of the Engineer that you have investigated all possible means
of obtaining work at prevailing market values and that the excess cost
could not be avoided by it.
When a change order deletes work from the contract, the computation of
the cost thereof will be the values that prevailed at the time bids for the
work were opened.
(6) Work by Subcontractors. For any portion of the changed work that is
performed by a subcontractor, furnish to the Engineer a detailed estimate
prepared by the subcontractor in accordance with the allowable costs and
mark-ups as stated above in sub-sections (1), (2), (3) and (4). At the
option of the Engineer, a lump sum estimate of such cost to
subcontractor may be accepted in lieu of the detailed estimate.
You are entitled to add an additional markup of 5% to the total cost of the
subcontracted work. This additional 5% markup is for additional
administrative costs, including bonds, and no other additional payment
will be made for changed work performed by a subcontractor.
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General Conditions
13
4.5.7 Allowable Time Extensions.
Time extensions due to changes in work will be provided in accordance with
Section 8.7, “Adjustment of Contract Time and Allowable Time Extensions.”
4.5.8 Emergency Changes.
Changes in the work made necessary due to unforeseen site conditions,
discovery of errors in plans or specifications requiring immediate clarification
in order to avoid a work stoppage, changes of a kind where the extent cannot
be determined until completed, or under any circumstances whatsoever when
deemed necessary by the Engineer are types of emergency changes which
may be authorized by the Engineer in writing. Commence performance of the
emergency change immediately upon receipt of a written authorization.
Within 15 days after receiving the authorization to proceed with the
emergency change, submit a detailed estimate of cost and any proposed
extension in contract time in accordance with Section 4.5.6, “Allowable Costs
and Markups for Change Orders and Force Account Work”
4.5.9 Minor Changes in the Work
The Engineer retains the right to request that you make minor changes in the
Work by Field Order and/or by Engineer's Directive. Minor changes generally
do not impact the cost of the performance of the Work or detrimentally or
significantly impact the Contract Time.
4.5.10 Eliminated Items.
Should any item of the work be eliminated in its entirety, payment will be
made to you for actual costs incurred in connection with the eliminated item if
incurred prior to the date of notification in writing by the Engineer of the
elimination unless otherwise addressed in an executed change order.
If acceptable material is ordered by you for the eliminated item prior to the
date of notification of the elimination by the Engineer, and if orders for that
material cannot be canceled, the material will be paid for at the actual cost
you incurred. In this case, the material paid for will become the property of
the City, and the actual cost of any further handling will be paid for. If the
material is returnable to the vendor, and if the Engineer so directs, the
material must be returned to the vendor, and you will be paid for the actual
cost of charges made by the vendor for returning the material. The actual
cost of handling returned material will be paid for.
The actual costs or charges to be paid by the City as provided in this Section
will be in accordance with Section 4.5.6, “Allowable Costs and Markups for
Change Orders and Force Account Work.”
4.5.11 Protest of Change Orders.
A Change Order approved by the Engineer may be issued at any time.
Should you disagree with any terms or conditions set forth in an approved
Change Order, submit a written protest to the Engineer within 15 days after
the receipt of the approved Change Order. The protest must identify the
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points of disagreement, and, if possible, the contract specification references,
quantities and costs involved. If a written protest is not submitted, payment
will be made as set forth in the approved contract change order, and that
payment will constitute full compensation for all work included therein or
required thereby. Unprotested approved Change Orders will be considered
as executed Change Orders.
Where the protest concerning an approved Change Order relates to
compensation, the compensation payable for all work specified or required by
that Change Order to which the protest relates will be determined as provided
in Sections 4.5.4, “Failure to Agree with Proposed Costs & Force Account
Work,” and 4.5.6, “Allowable Costs and Markups for Change Orders and
Force Account Work.” Keep full and complete records of the cost of that work
and allow the Engineer to have access thereto as may be necessary to assist
in the determination of the compensation payable for that work.
Where the protest concerning an approved Change Order relates to the
adjustment of Contract Time for the completion of the Work, the time to be
allowed therefor will be determined as provided in Section 8.7, “Adjustment of
Contract Time and Allowable Time Extensions.”
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15
5. CONTROL OF WORK
5.1 Administrators of the Contract.
5.1.1 Authority of the City.
The Engineer will decide all questions which may arise as to the quality or
acceptability of materials furnished and work performed and as to the manner
of performance and rate of progress of the work; all questions which may
arise as to the interpretation of the plans and specifications; all questions as
to the acceptable fulfillment of the contract on your part; and all questions as
to compensation. The Engineer may rely on the Architect for assistance in
interpretations and questions involving the intent of the plans and
specifications. The Engineer’s decision will be final, and the Engineer will
have authority to enforce and make effective those decisions and orders
which you fail to carry out promptly. The Engineer may grant authority to the
City’s Representative and/or Inspector to act on their behalf.
5.1.2 Role of the Architect.
The Architect is the person lawfully licensed to practice Architecture or
Engineering in the State of California and who has entered into an agreement
with the City to serve as Architect or Engineer for the Work or may be an
employee of the City or other governmental entity. The Architect will be the
interpreter of the requirements of the Drawings and Specifications. The
Architect/Project Engineer will communicate only with you through the
City's Representative and will have no authority to direct your work,
issue or approve Change Orders. All Change Orders, Field Orders and
Cost Request Bulletins will be approved and issued by the Engineer to you
through the City’s Representative.
5.1.3 Role of the City Representative.
The City’s Representative is the person or entity who has been identified by
the Engineer to serve as construction project manager for the Engineer.
They are empowered by the City to act on its behalf with respect to the proper
execution of the Work and will give instructions to require such corrective
measure as may be necessary, in his opinion, to ensure the proper execution
of the contract or to protect the City’s interest. Except as otherwise provided
herein, the City's Representative will determine the amount, quality,
acceptability, fitness and progress of the Work covered by the Contract
without, however, assuming any of the Architect's or Engineer’s statutory or
customary obligation. The City’s Representative will have no authority to
obligate or otherwise bind the City.
The City’s Representative will have the authority to reject Work that does not
conform to the Contract Documents and to require any Special Inspection
and Testing.
The City’s Representative must, at all times, have access to the Work
wherever it is in preparation and progress. When directed by the City’s
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16
Representative, you must provide facilities for such access so the City’s
Representative may perform his functions under the Contract Documents.
In no event will any act or omission on the part of the City’s Representative
relieve you from your obligation to perform your Work in full compliance with
the Contract.
5.1.4 Role of the Inspector(s).
All Work must be under the observation of or with the knowledge of
Inspectors. Inspectors must be provided free access to any or all parts of the
Work at any time. You must furnish Inspectors such information as may be
necessary to keep the Inspector fully informed regarding progress and
manner of work and character of materials. Such observations will not, in any
way, relieve you from responsibility for full compliance with all terms and
conditions of the Contract, or be construed to lessen to any degree your
responsibility for providing efficient and capable superintendence. The
Inspector’s observations of the Work and methods will not relieve you of
responsibility for the correction of subsequently discovered defects, or from
its obligation to comply with the Contract Documents.
The Inspector has the authority to reject work that does not comply with the
provisions of the Contract Documents
5.2 City’s Right to Stop Work
The Engineer has the authority to stop work whenever provisions of contract
documents are not being complied with. If you fail to correct Work that is not in
conformance with the requirements of the Contract Documents or persistently fail to
carry out Work in accordance with the Contract Documents, the Engineer, by written
order, may instruct you to stop the Work, or any portion thereof, until the cause of
such order has been eliminated. The right of the Engineer to stop the Work does
not give rise to any duty on the part of the Engineer to exercise this right to stop the
Work for your benefit.
You will bear all costs and will not be entitled to any time extension of such Work
stoppage unless it is determined by the Engineer that no fault existed in your Work.
5.3 Conformity with Contract Documents and Allowable Deviations
Work and materials must conform to the lines, grades, elevations, sections, details,
dimensions and material requirements, including tolerances, shown on the plans or
indicated in the specifications. Although measurement, sampling and testing may
be considered evidence as to conformity, the Engineer will be the sole judge as to
whether the work or materials deviate from the plans and specifications. If found to
be in its best interest, the Engineer has the right to accept Work that is not in
accordance with the requirements of the Contract Documents, instead of requiring
its removal and correction, in which case the total amount of the contract will be
reduced as agreed between the Engineer and you. Such adjustment will be effected
whether or not payment had been made. The Engineer’s decision as to any
allowable deviations will be final.
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5.4 Coordination and Interpretation of Contract Documents
Before commencing any portion of the Work, carefully examine all Drawings and
Specifications and other information given to you as to materials and methods of
construction and other Project requirements. You must immediately notify the
Engineer in writing of any perceived or alleged error, inconsistency, ambiguity, or
lack of detail or explanation in the Drawings and Specifications in the manner
provided herein. If you or your Subcontractors, suppliers, or officers, agents, and
employees perform, permit, or cause the performance of any work under the
Contract Documents, which are known or should have been known to be in error,
inconsistent, or ambiguous, or not sufficiently detailed or explained, you will bear
any and all costs arising there from including, without limitation, the cost of
correction thereof without increase or adjustment to the Contract Sum or the time for
performance. If you perform, permit, or cause the performance of any work under
the Contract Documents prepared by or on behalf of you in error, inconsistent or
ambiguous, or not sufficiently detailed or explained, you will bear any and all
resulting costs, including, without limitation, the cost of correction, without increase
to or adjustment in the Contract Sum or the time for performance. In no case must
any Subcontractor proceed with the work if uncertain without your written direction
and/or approval.
5.4.1 Conflicts.
(1) Any work called for by the drawings and not mentioned in the
specifications, or vice versa, is to be furnished as though fully set forth by
both. Where not specifically stated otherwise, all work and materials
necessary for each unit of construction, including special construction for
any specific brand or shape of materials called for, even though only
briefly mentioned or indicated, is to be furnished and installed fully and
completely, including, but not limited to, manufacturer's instructions
and/or recommendations, as part of this Contract.
(2) Should a conflict occur within or between any of the following, the more
stringent applies:
o Supplementary Conditions
o General Conditions
o Specifications (Divisions 1 through 16)
o City Standard Specifications (current version)
o Referenced Specifications
o Drawings
o City Engineering Standards
o Manufacturer’s Recommendations
o Codes and Ordinances
(3) In case of conflicts the following documents take precedence in the
following order:
a. Change Orders/Written Amendments
b. Field Orders
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c. Addenda
(4) If there is a conflict between addenda, the most recent addendum takes
precedence.
(5) Figured dimensions prevail over scaled dimensions, and detailed
drawings prevail over general drawings.
(6) Schedules, when identified as such, govern over all other portions of the
plans.
(7) Specific notes govern over all other notes and all other portions of the
plans except the schedules noted above.
(8) In the event of conflict between specific notes or details, the more
stringent governs.
(9) Project Specifications govern over the project plans. Project plans will
govern over City Engineering Standards and City Standard
Specifications.
5.4.2 Omissions.
(1) Work not particularly shown or specified will be the same as similar parts
that are shown or specified or as directed.
(2) Should it appear that the work to be done, or any of the matter relative
thereto is not sufficiently detailed or explained in the Contract Documents,
it is your responsibility to request from the Engineer further explanations
as may be necessary, and to conform thereto as part of the Contract so
far as may be consistent with the terms thereof.
(3) The Engineer will provide direction for any work which is not dimensioned
on the plans.
(4) If Contract Documents are not complete as to any minor detail of a
required construction system or with regard to the manner of combining
or installing of parts, materials, or equipment, but there exists an
accepted trade standard for good and workmanlike construction, such
detail will be deemed to be an implied requirement of Contract
Documents in accordance with such standard.
"Minor detail" includes the concept of substantially identical components,
where the price of each such component is small even though the
aggregate cost or importance is substantial, and includes a single
component which is incidental, even though its cost or importance may
be substantial.
The quality and quantity of the parts or material so supplied must conform
to trade standards and be compatible with the type, composition,
strength, size, and profile of the parts of materials otherwise set forth in
Contract Documents.
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5.4.3 Product Designation.
When descriptive catalog designations, including manufacturer's name,
product brand name, or model number are referred to in the contract, such
designations are to be considered as being those found in industry
publications of current issue at date of first Invitation to Bid.
5.4.4 Reference Standards.
When standards of the federal government, trade societies, or trade
associations are referred to in the contract by specific date of issue, these will
be considered a part of this contract. When such references do not bear a
date of issue, the current published edition at date of first Invitation to Bid will
be considered a part of this contract.
5.5 Issuance of Documents After Contract Award - Interpretations, Clarifications,
Changes.
The following documents will be used for resolving conflicts, errors or omissions in
the plans and specifications, or if you have any question concerning interpretation or
clarification of the contract. If you proceed with the work affected before receipt of
the interpretation, clarification, or instructions from the Engineer, you must replace or
adjust any work not in conformance therewith and will be responsible for any
resultant damage or added cost.
It is the intention of this Section that differences between the parties arising under
and by virtue of the contract be brought to the attention of the Engineer at the
earliest possible time in order that such matters may be settled, if possible, or other
appropriate action be promptly taken. You as contractor hereby agrees that you
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 no written notice of
potential claim as herein required was filed.
5.5.1 Request for Information (RFI).
An RFI is a written request prepared by you asking the Engineer to provide
additional information necessary to clarify an item that you feel is not clearly
shown or called for in the drawings or specifications, or to address problems
which have arisen under field conditions. A RFI is to be used as a tool to add
specific information that may be needed to complete the work but does not
change the intent of the design or work required to give a complete and
finished product.
An RFI cannot modify the Contract Cost, Contract Time, or the Contract
Documents. A RFI in no way automatically justifies additional time, money or
a delay to the project.
The RFI must reference all the applicable Contract Documents including
specification section, detail, page numbers, drawing numbers, and sheet
numbers, etc. You will make suggestions and/or interpretations of the issue
raised by the RFI. You must write an RFI clearly with enough information so
that the City Representative/Architect understands what information is
needed. RFI’s must be numbered in sequence. If an RFI is resubmitted for
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20
additional information it will include a sequential number assigned to the
original RFI. (RFI # 3 (2) would be the second request for RFI #3)
You must use the Short Interval Schedule (3 weeks) for coordinating work
and RFI’s as needed to complete the work as intended without causing
delays.
At the Engineer’s discretion, the Engineer may invoice you for any costs
incurred for professional services if an RFI requests an interpretation or
decision of a matter where the information sought is equally available to the
party making such request. Such costs will be deducted from the next
progress payment.
The Engineer will make every effort to respond to RFI’s as quickly as possible
but you must allow up to two weeks for a response without considering the
response a delay to the project. Within these 2 weeks, the Engineer will either
issue a response in the form of a clarification when there is no time or cost
impacts involved in the response or the Engineer will issue a Cost Request
Bulletin as outlined below.
5.5.2 Cost Request Bulletins (CRB).
The Engineer may, from time to time during the course of the Work, issue
Cost Request Bulletins (CRB) describing additional Work that may be
desirable to include or delete from the Contract, by subsequent Change
Order. You must respond to Cost Request Bulletins in a thorough and timely
manner, identifying separately and fully the costs of the proposed additional
or deleted work as described in the Change Order provisions. Failure by you
to respond within 2 weeks or to adequately describe the costs fully to Cost
Request Bulletins and as a result, delaying the timely performance of the
Contract will not constitute justification for time extension or additional costs.
5.5.3 Field Orders.
The Engineer will retain the right to issue Field Orders to you describing
changes necessary or desirable to the work that may not involve additional
cost or extension of the Contract time. Field Orders must be promptly
executed and are not grounds for adjustment to the time or cost of Contract.
Should you determine that there is cost or time impact to the Work due to the
Field Order, you must immediately notify that fact in writing to the Engineer,
describing the anticipated impacts, and request issuance of a Change Order.
Each Field Order must receive a written response from you, acknowledging
receipt, describing the action and time of completion for the work. A
subsequent written notice must be submitted by you to the Engineer upon
completion of the Work required by the Field Order stating that the work is
complete and ready for inspection.
5.5.4 Change Orders.
The Engineer reserves the right to require you to process and implement
Change Orders in a timely fashion to add to or delete from the Work of the
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21
Contract. Provisions for change orders and methods of implementation are
described in Section 4.5, “Changes in the Work.”
5.5.5 City's Directives.
The Engineer reserves the right to issue City’s Directives, such as Correction
Notices and Punch Lists, to require correction or repairs to the Work, or to
require you to bring into conformity with any laws, codes, ordinances, safety
orders or practices determined to be deficient at the work site and
surrounding areas affected by the Work, or to correct deficiencies in the Work
in regard to compliance with the Contract Documents. City’s Directives must
be promptly executed and are not grounds for adjustment to the time or cost
of Contract. Each City’s Directive must receive a written response from you,
acknowledging receipt, describing the action and the time of completion for
the Work. A subsequent written notice must be submitted by you to the
Engineer upon completion of the Work required stating that the Work is
complete and ready for inspection.
5.6 Work Beyond the Scope.
Should any supplemental detail, clarification, field order, directive or additional
detailed instructions, in your opinion, constitute work beyond the scope of the
contract, you must submit a written notice of potential claim to the Engineer in
accordance with Section 9.3, “Notice of Potential Claim,” of these General
Conditions. The written notice of potential claim must set forth the reasons for which
you believe additional compensation will or may be due, the nature of the costs
involved, and, insofar as possible, the amount of the potential claim. If, in the
judgment of the Engineer, the claim is justified, the clarification, field order, directive
or additional detailed instructions will be revised and the extra work authorized via
an authorized change order. If the Engineer decides that the claim is not justified
and you still fail to agree, you must nevertheless perform such work upon receipt
from the Engineer of a written order to do so. In such case, you will have the right to
have the claim later determined pursuant to Section 9.7.3, "Final Payment and
Claims" you will have no claim for additional compensation because of such
clarification, field order, directive or additional detailed instructions, unless he gives
written notice to the Engineer in accordance with Section 9.3, “Notice of Potential
Claim.”.
5.7 Order of work.
When required by the specifications or plans, you must follow the sequence of
operations as set forth therein. Full compensation for conforming to those
requirements will be considered as included in the contract price paid for the work
and no additional compensation will be allowed therefore.
5.8 Superintendence and Labor Force.
You must supervise and direct the Work, using the best skill and attention. You must
be solely responsible for all construction means, methods, techniques, sequences
and procedures and for coordinating all portions of Work under the Contract. Before
starting work, you must designate in writing, a competent, English-speaking,
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22
Superintendent who will have the authority to represent and act for you and who will
be present at the site of the work at all times while work is in progress on the
contract. The Superintendent must represent you in your absence and all directions
given to him will be as binding as if given to you. The Superintendent must not be
changed except with the consent of the Engineer, unless the Superintendent proves
to be unsatisfactory to you and ceases to be in your employ. If the Superintendent
proves to be unsatisfactory to the Engineer, he must be replaced within 10 calendar
days after written notice from the Engineer to you.
You must: furnish a competent and adequate staff as necessary for the proper
administration, coordination, supervision, and superintendence of the Work;
organize the procurement of all materials and equipment so that the materials and
equipment will be available at the time they are needed for the Work. At all times
you must provide sufficient labor to properly carry on the Work and to insure
completion of each part in accordance with the schedule and within the contract
time. You will make certain that competent workers are employed who are skilled in
the type of work required and that workmanship is of the best, regardless of the
quality of material.
The Engineer has the right, but not the obligation, to require the removal from the
Project of any superintendent or employee of yours who in the Engineer’s opinion
the Engineer has cause to remove.
5.9 Lines and Grades.
5.9.1 General
You will be responsible to provide such stakes or marks required for the completion
of the Work. You must retain a qualified licensed Land Surveyor or a registered Civil
Engineer to establish on the site the required reference points and bench marks,
establish building lines and elevations, check structural framework for plumbness,
and establish basic grid lines from which work must be laid out. Stakes and marks
must be provided in the units, metric or English, that are shown on the plans.
5.9.2 Survey Reference Points.
Locate and protect control points prior to starting work and preserve permanent
reference points during construction. Should any existing survey monument be
disturbed or destroyed during construction, it must be reset at the previous location.
Should any existing benchmark be disturbed or destroyed during construction, a
new one must be set at a nearby, but different, location than the existing, as
determined by the Engineer. Monuments and benchmarks must be set by a
Licensed Land Surveyor or a Registered Civil Engineer. The Engineer reserves the
right to review the Land Surveyor or Engineer's license to determine its validity. For
monuments, a Corner Record must be filed with the County and a copy delivered to
the Engineer. For benchmarks, documentation of the benchmark and how it was
reset must be delivered to the Engineer.
5.9.3 Project Survey Requirements.
You must establish lines and levels; locate and lay out site improvements by
establishing stakes for grading, fill, topsoil placement and invert elevations; locate
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23
and lay out batter boards for structures; and controlling lines and levels required for
mechanical and electrical work.
From time to time, you will verify layouts and new work to ensure conformance with
the Contract Documents.
5.10 Inspection
All work done and all materials furnished will be subject to inspection and
observation by the Engineer. Inspection of the Work or materials must not relieve
you from any obligation to fulfill this contract. Work and materials not meeting the
requirements must be made good, and unsuitable work or materials may be
rejected, despite that the work or materials have been previously inspected or that
payment therefore has been included in a progress payment.
Whenever you change the normal agreed-to hours of work, you must give a 24-hour
notice to the Inspector, so that proper inspection may be provided. If you fail to
properly notify the Inspector as specified above, any work performed by you outside
the normal hours of work and in the absence of the Inspector will be subject to
rejection. Normal hours of work must fall between 7:00 A.M. and 4:00 P.M. Monday
through Friday unless otherwise stated in the Contract Documents. The Engineer
must approve any hours worked outside of these indicated.
If you elect to perform work outside the Inspector’s regular working hours, costs of
any inspections required outside regular working hours will be invoiced to you by the
Engineer and deducted from the next Progress Payment.
5.11 Uncovering of work
If a portion of the Work is covered contrary to the Inspector's or Architect's request,
or to requirements specifically expressed in the Contract Documents, it must, if
required in writing by the Inspector or the Architect, be uncovered for the Inspector's
or the Architect's observation and be replaced at your expense without change in the
Contract Price or Time.
If a portion of the Work has been covered which the Inspector or the Architect has
not specifically requested to observe prior to its being covered, the Inspector or the
Architect may request to see such work, and it must be uncovered by you. If such
work is in accordance with the Contract Documents, costs of uncover and
replacement will, by appropriate Change Order, be charged to the Engineer. If such
work is not in accordance with Contract Documents, you must pay such costs unless
the Engineer caused the condition, in which event the Engineer will be responsible
for payment of such costs to you.
You must promptly correct the Work rejected by the Inspector or the Engineer upon
recommendation of the Architect or failing to conform to the requirements of the
Contract Documents, whether observed before or after Completion and whether or
not fabricated, installed, or completed. You must bear costs of correcting the
rejected work, including additional testing, inspections, and compensation for the
Inspector's or the Architect's services and expenses made necessary thereby.
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5.12 Inspection of the Work of Other Contractors
It will be your duty and each Subcontractor before beginning any of this work, to
examine all construction and work of other Contractors and Subcontractors that may
affect their work and to satisfy itself that everything is in proper condition to receive
its work. You must notify the Engineer in writing of any exception. Failure on your
part to do so will constitute acceptance of the construction as suitable in all ways to
receive their work
5.13 Removal of Rejected and Unauthorized Work
All work that has been rejected must be remedied, or removed and replaced by you
in an acceptable manner, and no compensation will be allowed to you for the
removal, replacement or remedial work.
Any work done beyond that required by the contract or authorized by the Engineer,
will be considered as unauthorized work and will not be paid for. Upon order of the
Engineer, unauthorized work must be remedied, removed or replaced at your
expense.
Upon your failure to comply promptly with any order of the Engineer made under this
Section, the Engineer may cause rejected or unauthorized work to be remedied,
removed or replaced, and to deduct the costs from any moneys due or to become
due to you.
Engineer may retain the cost of the rejected work from any payments due to you
until such time as the work is made acceptable to the Engineer.
5.14 Alternate Methods of Construction
Whenever the plans or specifications provide that more than one specified method
of construction or more than one specified type of material or construction
equipment may be used to perform portions of the work and leave the selection of
the method of construction or the type of material or equipment to be used up to
you, it is understood that the Engineer does not guarantee that every specified
method of construction or type of material or equipment can be used successfully
throughout all or any part of any project. It will be your responsibility to select and
use the alternative or alternatives that will satisfactorily perform the work under the
conditions encountered. In the event some of the alternatives are not feasible or it is
necessary to use more than one of the alternatives on any project, full compensation
for any additional cost involved will be considered as included in the contract price
paid and no additional compensation will be allowed therefore.
5.15 Differing Site Conditions.
During the progress of the Work, you must promptly, and before the following
conditions are disturbed, notify the Engineer, in writing, of any:
(1) Material that you believe may be material that is hazardous material or
waste, as defined in section 25117 of the Health and Safety Code, that is
required to be removed to a Class I, Class II, or Class III disposal site in
accordance with the provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those
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indicated.
(3) Unknown physical conditions at the Site of any unusual nature, different
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract Documents.
(4) Hidden or buried Cultural Resources of an archaeological nature.
The Engineer must promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a
decrease or increase in your cost of, or the time required for, performance of any
part of the work, must issue a change order under the procedures described Section
4.5, “Changes in the Work.”
In the event that a dispute arises between the Engineer and you whether the
conditions materially differ, or involve hazardous waste or materials, or cause a
decrease or increase in your cost of, or time required for, performance of any part of
the Work, you will not be excused from any scheduled completion date provided for
by the Contract Documents, but must proceed with all work to be performed under
the Contract Documents. You must retain any and all rights provided either by
Contract Documents or by law that pertain to the resolution of disputes and protests
between the contracting parties.
5.16 Archaeological Monitoring.
When Archeological monitoring is required for construction operations involving
excavation, such monitoring will be performed by an archaeologist retained by the
Engineer to work in conjunction with the project. The Archaeologist has no authority
to direct your work. Any costs incurred by you resulting from work done at the
direction of the Archaeologist will be your responsibility.
You must give the Engineer written notice 10 days in advance of the date that you
intend to begin excavation to allow for scheduling of the archaeologist. If such date
changes, or if you perform excavation on an intermittent basis, you must notify the
Engineer 2 days in advance of the date that the excavation will be performed.
If remains of an archaeological nature are discovered during excavation, you must
cease work in the area of discovery until the archaeologist can evaluate the
significance of the find.
If, in the opinion of the Engineer, the controlling operation is delayed due to
archaeological monitoring, an extension of time, determined pursuant to the
provisions in Section 4.5.6(6), "Allowable Time Extensions", will be granted. If, as a
result of the archeological recovery, you sustain loss which could not have been
avoided by the judicious handling of forces and equipment, you will be paid such
amount as the Engineer may find to be a fair and reasonable compensation for such
part of your actual loss, as, in the opinion of the Engineer, was unavoidable,
determined in the same manner as set forth in Section 4.5.6, "Allowable Costs Upon
Change Orders.”
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5.17 Discovery of Asbestos and Hazardous Substances.
When the presence of asbestos or hazardous substances are not shown on the
plans or indicated in the specifications and you encounter materials which you
reasonably believe to be asbestos or a hazardous substance as defined in Section
25914.1 of the Health and Safety Code, and the asbestos or hazardous substance
has not been rendered harmless, you may continue work in unaffected areas
reasonably believed to be safe. You must immediately cease work in the affected
area and report the condition to the Engineer in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of
asbestos or hazardous substances including exploratory work to identify and
determine the extent of the asbestos or hazardous substance will be performed by
separate contract.
If delay of work in the area delays the current controlling operation, you will be
compensated for the delay in conformance with the provisions in Section 8.9, "City-
Caused Delays.”
5.18 Hazardous Material Work Limitations.
In the event that the presence of hazardous materials is suspected or discovered on
the Site, the Engineer will retain an independent testing laboratory to determine the
nature of the material encountered and whether corrective measures or remedial
action is required. You will not be required to perform without consent any work in
the affected area of the Site relating to asbestos or other hazardous material, until
any known or suspected hazardous material has been removed, or rendered
harmless, or determined to be harmless by the Engineer, as certified by an
independent testing laboratory and/or approved by the appropriate government
agency.
5.19 City’s/Contractor’s Responsibility for Hazardous Materials on the Work Site.
In the event the presence of hazardous materials on the project site is not caused by
you, the Engineer will pay for all costs of testing and remediation, if any, and will
compensate you for any additional costs incurred or Project delay in accordance
with the applicable provisions herein. In addition, the Engineer must defend,
indemnify and hold you harmless and its agents, officers, directors and employees
from and against any and all claims, damages, losses, costs and expenses incurred
in connection with or arising out of, or relating to, the performance of the Work in the
area affected by the hazardous material.
In the event the hazardous materials on the Project Site is caused by you,
Subcontractors, material men or suppliers, you must pay for all costs of testing and
remediation, if any, and must compensate the City for any additional costs incurred
as a result of your generation of hazardous material on the Project Site. In addition,
you must defend, indemnify and hold harmless the City and its agents, officers, and
employees from and against any and all claims, damages, losses, costs and
expenses incurred in connection with, arising out of, or relating to, the presence of
hazardous material on the Project Site.
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27
5.20 Character of Workers.
If, in the judgment of the Engineer, any person is incompetent, disorderly, or fails to
comply with any of the contract provisions after receiving written or oral
communication as to the lack of compliance, you must promptly remove such person
from the project and also must not be reemployed thereon. You must enforce strict
discipline and good order among your employees and other persons carrying out the
Contract including, but not limited to, Subcontractors, and material or equipment
suppliers retained for the Project. You will not permit employment of unfit persons or
persons not skilled in tasks assigned to them.
5.21 Cost Reduction Incentive.
You may submit in writing to the Engineer, proposals for modifying the plans,
specifications or other requirements of the contract for the sole purpose of reducing
the total cost of construction. The cost reduction proposal must 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.
Cost reduction proposals must contain the following information:
(1) A description of both the existing contract requirements for performing the
work and the proposed changes.
(2) An itemization of the contract requirements that must be changed if the
proposal is adopted.
(3) A detailed estimate of the cost of performing the work under the existing
contract and under the proposed change. The estimates of cost must be
determined in the same manner as a change order or extra work as
provided in Section 4.5, "Changes in the Work."
(4) A statement of the time within which the Engineer must make a decision
thereon.
(5) The contract items of work affected by the proposed changes, including
any quantity variation attributable thereto.
The provisions of this Section proposal will not be construed to require the Engineer
to consider any cost reduction which may be submitted hereunder and the Engineer
will not be liable to you 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
cost reduction proposal. If a cost reduction proposal is similar to a change in the
plans or specifications, under consideration by the Engineer for the project, at the
time the proposal is submitted or if the proposal is based upon or similar to Standard
Specifications or Engineering Standards adopted by the Engineer after the
advertisement for the contract, the Engineer will not accept the proposal, and
reserves the right to make the changes without compensation to you under the
provisions of this section.
You will continue to perform the work in accordance with the requirements of the
contract until an executed change order, incorporating the cost reduction proposal
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General Conditions
28
has been issued. If an executed change order has not been issued by the date
upon which your cost reduction proposal specifies that a decision thereon should be
made, or such other date as you may subsequently have specified in writing, the
cost reduction proposal must be deemed rejected.
The Engineer will 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 the proposal. In determining the estimated net savings, the right is reserved
to disregard the contract bid prices if in the judgment of the Engineer, those prices
do not represent a fair measure of the value of work to be performed or to be
deleted.
The Engineer reserves the right where it deems such action appropriate, to require
you to share in the City's costs of investigating a cost reduction proposal submitted
by you as a condition of considering the proposal. Where this condition is imposed,
you must indicate acceptance thereof in writing, and that acceptance must constitute
full authority for the Engineer to deduct amounts payable to the City from any
moneys due or that may become due to you under the contract.
If your cost reduction proposal is accepted in whole or in part the acceptance will be
by a Change Order, which will specifically state that it is executed pursuant to this
Section. The Change Order must incorporate the changes in the plans and
specifications which are necessary to permit the cost reduction proposal or that part
of it as has been accepted to be put into effect, and must include any conditions
upon which the Engineer’s approval thereof is based if the approval of the Engineer
is conditional. The Change Order must also set forth the estimated net savings in
construction costs attributable to the cost reduction proposal effectuated by the
Change Order, and must further provide that you be paid 50% of that estimated net
savings amount. Your cost of preparing the cost reduction incentive proposal and
the Engineer’s costs of investigating a cost reduction incentive proposal, including
any portion thereof paid by you, will be excluded from consideration in determining
the estimated net savings in construction costs.
Acceptance of the cost reduction proposal and performance of the work thereunder
must not extend the time of completion of the contract unless specifically provided
for in the contract change order authorizing the use of the cost reduction proposal.
The amount specified to be paid to you in the change order that effectuates a cost
reduction proposal must constitute full compensation to you for the cost reduction
proposal and the performance of the work thereof pursuant to the change order.
The Engineer expressly reserves the right to adopt a cost reduction proposal for
general use on contracts administered by the City when it determines that the
proposal is suitable for application to other contracts. When an accepted cost
reduction proposal is adopted for general use, only you who first submitted that
proposal will be eligible for compensation pursuant to this section, and in that case,
only as to those contracts awarded to you prior to submission of the accepted cost
reduction proposal and as to which the cost reduction proposal is also submitted and
accepted. Cost reduction proposals identical or similar to previously submitted
proposals will be eligible for consideration and compensation under the provisions of
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General Conditions
29
this Section if the identical or similar previously submitted proposals were not
adopted for general application to other contracts administered by the Department.
Subject to the provisions contained herein, the State or any other public agency will
have the right to use all or any part of any submitted cost reduction proposal without
obligation or compensation of any kind to you.
This Section of the specifications will apply only to contracts awarded to the lowest
bidder pursuant to competitive bidding.
CONTROL OF MATERIALS
General Conditions
30
6. CONTROL OF MATERIALS
6.1 Source of Supply and Quality of Materials.
You must furnish all materials required to complete the work. Only materials
conforming to the requirements of the specifications will be incorporated in the work.
The materials furnished and used must be new, except as may be indicated
otherwise in the specifications or on the plans. The materials must be
manufactured, handled and used in a workmanlike manner to ensure completed
work in accordance with the plans and specifications.
Materials to be used in the work will be subject to inspection and tests by the
Engineer or the Engineer’s designated representative. You must furnish without
charge such samples as may be required.
You are directed to Division 1, “Submittals,” and “Quality Control,” for additional
requirements.
6.2 Contractor’s Responsibility for Submittals and Shop Drawings.
You must obtain and must submit to the Engineer all required shop drawings and
samples in accordance with Division 1 “Submittals” and with such promptness as to
cause no delay in its own work or in that of any other contractor or subcontractor but
in no event later than specified in Division 1 “Submittals,” after the Notice to Proceed
has been issued. No extensions of time will be granted to you or any Subcontractor
because of its failure to have shop drawings and samples submitted in accordance
with the schedule.
6.3 Storage of Materials.
Articles or materials to be incorporated in the work must be stored in such a manner
as to ensure the preservation of their quality and fitness for the work, and to facilitate
inspection.
Stockpiling materials in the street must be kept to a minimum and will be utilized or
removed by the end of each day.
Provisions must be made for control of dust, arising for whatever reason, from
stockpiles of materials. You must be responsible for maintaining all of your stockpile
areas in a neat condition and as dust-free as possible.
6.4 Defective Materials.
All materials that the Engineer has determined do not conform to the requirements
of the plans and specifications will be rejected whether in place or not. The rejected
materials must be removed immediately from the site of the work, unless otherwise
permitted by the Engineer. No rejected material, the defects of which have been
subsequently corrected, will be used in the work, unless approval in writing has been
given by the Engineer. Upon failure of you to comply promptly with any order of the
Engineer made under the provisions in this Section, the Engineer will have authority
to cause the removal and replacement of rejected material and to deduct the cost
thereof from any moneys due or to become due to you.
CONTROL OF MATERIALS
General Conditions
31
6.5 Trade Names, Alternatives and Substitutions of “or Equal” Materials.
For convenience in designation on the plans or in the specifications, certain
materials, products or equipment may be designated by a brand or trade name or
the name of the manufacturer together with catalog designation or other identifying
information, hereinafter referred to generically as "designated by brand name." You
may substitute alternative material, products or equipment that is of equal quality
and of the required characteristics for the purpose intended provided you comply
with the requirements of Division 1 “Substitutions.”
6.6 Plant Inspection.
The Engineer may inspect the production of material or the manufacture of products
at the source of supply. Plant inspection, however, will not be undertaken until the
Engineer is assured of the cooperation and assistance of both you and the material
producer. The Engineer or the Engineers authorized representative will have free
entry at all times to those parts of the plant as concerns the manufacture or
production of the materials. Adequate facilities must be furnished free of charge to
make the necessary inspection. The Engineer assumes no obligation to inspect
materials at the source of supply.
6.7 Testing of Materials.
Materials, articles, equipment or other work requiring tests are specified in the
contract. Materials, articles and equipment requiring tests must be delivered to the
site in ample time before intended use to allow for testing and will not be used prior
to testing and receipt of written approval. You must be solely responsible for
notifying the Engineer at least two (2) working days prior where and when materials,
articles, equipment and work are ready for testing. Should any such materials,
articles, equipment or work be covered without testing and approval, if required, they
will be uncovered at your expense. The Engineer has the right to order the testing
of any other materials, articles, equipment or work any time during the progress of
the work. Unless otherwise directed, all samples for testing must be taken by the
Inspector or the testing laboratory and must be taken from materials, articles or
equipment to be used on the project or from work performed. All tests will be under
the supervision of, and at locations convenient to, the Engineer. Decisions
regarding the adequacy of materials, articles, equipment or work must be issued to
the Engineer in writing.
All costs of the initial required tests will be borne by the Engineer except where
otherwise specified in the Contract Documents. Whenever the Engineer exercises
their option to take further samples and tests and the results show that the work was
not defective, the City will bear the costs of such samples and tests. If such work is
found not in accordance with contract documents, you must reimburse such costs.
Samples that are of value after testing will remain your property.
You must, at your own expense, furnish, package, mark and deliver all samples to
be tested, when so directed by the inspector, testing laboratory or as required by the
specifications. Delivery of samples to the testing laboratory must be made in ample
time to allow tests to be made without delaying construction. No extra time will be
allowed for the completion of the work by reason of delay in testing samples. You
CONTROL OF MATERIALS
General Conditions
32
must allow free access at all times to the representatives of the testing laboratory to
the sources from which samples are taken. All test reports must be sent to all
parties designated by the Engineer.
6.8 Hazardous and Contaminated Materials Furnished by the Contractor.
For new construction and for all your furnished supplies and equipment that may
contain hazardous materials, you must develop and implement a written Hazard
Communication Program (HCP) for its employees in accordance with the California
Code of Regulations. Two copies of your written HCP must be submitted to the
Engineer prior to the start of work at the site. The HCP must be revised and kept
current as required by the continuing progress of the work. Two copies of any
revisions must be delivered to the Engineer prior to the material arrival on site. Your
HCP must include the MSDS for all hazardous materials you will be using at the site.
One copy of the original HCP and all revisions must be retained on site.
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General Conditions
33
7. LEGAL RELATIONS AND RESPONSIBILITY
7.1 Laws to be Observed.
You must be fully informed of all existing and future State and Federal laws and
county and municipal ordinances and regulations which in any manner affect those
engaged or employed in the work, or the materials used in the work, or which in any
way affect the conduct of the work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same. You must at all times
observe and comply with, and must cause all your agents and employees to observe
and comply with all such existing and future laws, ordinances, regulations, orders
and decrees of bodies or tribunals having any jurisdiction or authority over the work;
and protect and indemnify the City of San Luis Obispo, and all officers and
employees thereof connected with the work, including but not limited to the
Engineer; against any claim or liability arising from or based on the violation of any
such law, ordinance, regulation, order, or decree, whether by yourself or your
employees.
Before commencing any portion of the Work, check and review the Drawings and
Specifications for such portion for conformance and compliance with all laws,
ordinances, codes, rules and regulations of all governmental authorities and public
utilities affecting the construction and operation of the physical plant of the Project,
all quasi-governmental and other regulations affecting the construction and
operation of the physical plant of the Project, and other special requirements, if any,
designated in the Contract Documents. In the event you observe any violation of
any law, ordinance, code, rule or regulation, or inconsistency with any such
restrictions or special requirements of the Contract Documents, promptly notify the
Engineer in writing of same and ensure that any such violation or inconsistency will
be corrected in the manner provided hereunder prior to the construction of that
portion of the Project. Where requirements of the Contract Documents exceed
those of the applicable building codes and ordinances, the Contract Documents
govern.
The project is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
7.2 Payments to Sub-contractors.
In accordance with Section 7108.5 of the Business and Professions Code, You must
promptly pay all subcontractors within ten (10) days of receipt of each progress
payment, unless otherwise agreed to in writing by the parties, the respective
amounts allowed you on account of the work performed by its subcontractors, to the
extent of each such subcontractor's interest therein.
7.3 Labor Code Requirements.
7.3.1 Hours of Labor.
Eight hours labor constitutes a legal day's work. You or any subcontractor
under you must forfeit, as a penalty to the City, $25 for each workman
employed in the execution of the contract by you or subcontractor for each
calendar day during which that workers required or permitted to work more
LEGAL RELATIONS AND RESPONSIBILITY
General Conditions
34
than 8 hours in any one calendar day and 40 hours in any one calendar week
in violation of the requirements of the Labor Code, and in particular, Section
1810 to Section 1815, thereof, inclusive, except that work performed by your
employees in excess of 8 hours per day, and 40 hours during any one week,
must be permitted upon compensation for all hours worked in excess of 8
hours per day at not less than one and one-half times the basic rate of pay,
as provided in said Section 1815. Any violations of this article must be
reported to the State Division of Labor Standards Enforcement.
7.3.2 Prevailing Wage.
You and any of your subcontractors must comply with Labor Code Sections
1774 and 1775. Pursuant to said Section 1775 you and any of your
subcontractors must forfeit to the City or political subdivision on whose behalf
the contract is made or awarded a penalty of not more than fifty dollars ($50.00)
for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the Director of Industrial Relations for the work
or craft in which the worker is employed for any public work done under the
contract by you or by any subcontractor in violation of the requirements of the
Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The
amount of this forfeiture will be determined by the Labor Commissioner and will
be based on consideration of the mistake, inadvertence, or neglect by you or
subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of you or subcontractor in meeting their respective prevailing
wage obligations, or the willful failure by you or subcontractor to pay the correct
rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay
the correct rate of prevailing wages is not excusable if you or subcontractor had
knowledge of the obligations under the Labor Code. In addition to said penalty
and pursuant to said Section 1775, 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 must
be paid to each worker by you.
If a worker employed by a subcontractor on a public works project is not paid the
general prevailing per diem wages by the subcontractor, the prime contractor of
the project is not liable for the penalties described above unless the prime
contractor had knowledge of that failure of the subcontractor to pay the specified
prevailing rate of wages to those workers or unless the prime contractor fails to
comply with all of the following requirements:
(1) The contract executed between you and the subcontractor of the
performance of work on the public works project must include a copy of
the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815
of the Labor Code.
(2) You must monitor the payment of the specified general prevailing rate of
per diem by the subcontractor to the employees, by periodic review of the
certified payroll records of the subcontractor.
LEGAL RELATIONS AND RESPONSIBILITY
General Conditions
35
(3) Upon becoming aware of the subcontractor’s failure to pay the specified
prevailing rate of wages to the subcontractor’s workers, you must 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 works project.
(4) Prior to making final payment to the subcontractor for work performed on
the public works project, you must obtain an affidavit signed under penalty
of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages to the subcontractor’s
employees on the public works project and any amounts due pursuant to
Section 1813 of the Labor Code.
Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards
Enforcement will notify you 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 the
general prevailing rate of per diem wages. If the Division of Labor Standards
Enforcement determines that employees of a subcontractor were not paid the
general prevailing rate of per diem wages and if the Engineer did not retain
sufficient money under the contract to pay those employees the balance of
wages owed under the general prevailing rate of per diem wages, you must
withhold an amount of moneys due the subcontractor sufficient to pay those
employees the general prevailing rate of per diem wages if required by the
Division of Labor Standards Enforcement. You will pay any money retained
from and owed to a subcontractor upon receipt of notification by the Division
of Labor Standards Enforcement that the wage complaint has been resolved.
If notice of the resolution of wage complaint has not been received by you
within 180 days of the filing of a valid notice of completion or acceptance of
the public works project, whichever occurs later, you must pay all moneys
retained from the subcontractor to the City. The Engineer will retain these
moneys pending the final decision of an enforcement action.
Pursuant to the provisions of Section 1773 of the Labor Code, the Engineer
has obtained the general prevailing rate of wages (which rate includes
employer payments for health and welfare, pension, vacation, travel time, and
subsistence pay as provided for in Section 1773.8 of said Code,
apprenticeship or other training programs authorized by Section 3093 of said
Code, and similar purposes) applicable to the work to be done, for straight
time, overtime, Saturday, Sunday and holiday work. The holiday wage rate
listed must be applicable to all holidays recognized in the collective
bargaining agreement of the particular craft, classification or type of workmen
concerned.
The general prevailing wages rates and any applicable changes to these
wage rates are available at the Public Works Office. General prevailing wage
rates are also available from the California Department of Industrial Relations’
Internet Web Site at: http://www.dir.ca.gov.
LEGAL RELATIONS AND RESPONSIBILITY
General Conditions
36
The wage rates determined by the Director of Industrial Relations for the
project refer to expiration dates. Prevailing wage determinations with a single
asterisk after the expiration date are in effect on the date of advertisement for
bids and are good for the life of the contract. Prevailing wage determinations
with double asterisks after the expiration date indicate that the wage rate to
be paid for work performed after this date has been determined. If work is to
extend past this date, the new rate must be paid and incorporated in the
contract. You must contact the Department of Industrial Relations as
indicated in the wage rate determinations to obtain predetermined wage
changes.
Pursuant to Section 1773.2 of the Labor Code, genera prevailing wage rates
must be posted by you at a prominent place at the site of the work.
Changes in general prevailing wage determinations that conform to Labor
Code Section 1773.6 and Title 8 California Code of Regulations Section
16204 must apply to the project when issued by the director of Industrial
Relations at least 10 days prior to the date of the Notice to Contractors for the
project
The City will not recognize any claim for additional compensation because of
the payment by you of any wage rate in excess of the prevailing wage rate
set forth in the contract. The possibility of wage increases is one of the
elements to be considered by you in determining your bid, and will not under
any circumstances be considered as the basis of a claim against the City on
the contract.
7.3.3 Travel and Subsistence Payments.
You must pay travel and subsistence payments to each worker needed to
execute the work as such travel and subsistence payments are defined in the
applicable collective bargaining agreements filed with the Department of
Industrial Relations pursuant to Labor Code Section 1773.8.
7.3.4 Payroll Records.
Attention is directed to the requirements in Labor Code Section 1776, a
portion of which is quoted below. Regulations implementing Labor Code
Section 1776 are located in Sections 16016 through 16019 and Sections
16207.10 through 16207.19 of Title 8, California Code of Regulations.
"(a) Each contractor and subcontractor shall keep accurate payroll records,
showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or
other employee employed by him or her in connection with the public
work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both of the
following:
(1) The information contained in the payroll record is true and correct.
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General Conditions
37
(2) The employer has complied with the requirements of Sections
1771, 1811, and 1815 for any work performed by his or her
employees on the public works project.
"(b) 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 the employee or his or her
authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a)
shall be made available for inspection or furnished upon request to
a representative of the body awarding the contract, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship
Standards of the Department of Industrial Relations.
(3) Upon request by the public, a certified copy of all payroll records
enumerated in subdivision (a) shall be made available for
inspection or for copies thereof. However, a request by the public
shall be made through either the body awarding the contract, 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, subcontractors, and the entity
through which the request was made. The public shall not be
given access to the 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) A contractor or subcontractor shall file a certified copy of the records
enumerated in subdivision (a) with the entity that requested the 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
awarding body, the Division of Apprenticeship Standards, or the Division
of Labor Standards Enforcement shall be marked or obliterated in a
manner so as to prevent disclosure of an individual's name, address and
social security number. The name and address of the contractor
awarded the contract or the subcontractor performing the contract shall
not be marked or obliterated.
"(f) The contractor shall inform the body awarding the contract of the location
of the 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.
LEGAL RELATIONS AND RESPONSIBILITY
General Conditions
38
"(g) The contractor or subcontractor shall have 10 days in which to comply
subsequent to receipt of a written notice requesting the records
enumerated in subdivision (a). In the event that the contractor or
subcontractor fails to comply within the 10-day period, he or she shall, as
a penalty to the state or political subdivision on whose behalf the contract
is made or awarded, forfeit twenty-five dollars ($25) 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, these
penalties shall be withheld from progress payments then due. A
contractor is not subject to a penalty assessment pursuant to this section
due to the failure of a subcontractor to comply with this section.”
The penalties specified in subdivision (g) of Labor Code Section 1776 for
noncompliance with the requirements in Section 1776 may be deducted from
any moneys due or which may become due to you.
A copy of all payrolls must be submitted weekly to the Engineer. Payrolls
must contain the full name, address and social security number of each
employee, the employee's correct classification, rate of pay broken down into
base pay rate and fringe benefit pay rate, daily and weekly number of hours
worked, itemized deductions made and actual wages paid. They must also
indicate apprentices and ratio of apprentices to journeymen. The employee's
address and social security number need only appear on the first payroll on
which that name appears. The payroll must be accompanied by a "Statement
of Compliance" signed by the employer or the employer's agent indicating
that the payrolls are correct and complete and that the wage rates contained
therein are not less than those required by the contract. The "Statement of
Compliance" must be on forms furnished by the Department or on any form
with identical wording. You will be responsible for the submission of copies of
payrolls of all subcontractors. You must also furnish the Engineer one
Portable Document Format (PDF) Adobe Acrobat file which contains all
certified payroll records for the prior month’s work. The PDF file must be
redacted making your employee social security number and address illegible.
Failure to submit a PDF file with other monthly payroll records will be
considered an incomplete payroll submission and penalties will be assessed
per this Section.
In addition to the above, the first payroll received from you of subcontractor
must include a Statement of Fringe Benefits clearly defining which benefits
are paid directly to the employees and part of their hourly rate and which
benefits are paid into an approved program. Fringe benefit statements must be
signed by the employer or the employer’s agent certifying the fringe benefit
statement is correct and the employer has been authorized to make any
payments on behalf of the employee to approved programs.
If by the 15th of the month, you have not submitted satisfactory payrolls for all
work performed during the monthly period ending on or before the 1st of that
LEGAL RELATIONS AND RESPONSIBILITY
General Conditions
39
month, the Engineer will retain an amount equal to 10 percent of the
estimated value of the work performed (exclusive of Mobilization) during the
month from the next monthly estimate, except that this retention must not
exceed $10,000 nor be less than $1,000. Retentions for failure to submit
satisfactory payrolls will be additional to all other retentions provided for in the
contract. The retention for failure to submit payrolls for any monthly period
will be released for payment on the monthly estimate for partial payments
next following the date that all the satisfactory payrolls for which the retention
was made are submitted.
You and each subcontractor must preserve your payroll records for a period
of 3 years from the date of completion of the contract.
7.3.5 Labor Nondiscrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as
follows:
"No discrimination shall be made in the employment of persons upon
public works because of the race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, or sex of
such persons, except as provided in Section 12940 of the Government
Code, and every contractor for public works violating this section is
subject to all the penalties imposed for a violation of this chapter."
7.3.6 Apprentices.
Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the Labor
Code.
All apprentices employed by you to perform services under the Contract must
be paid the standard wage paid to apprentices under the regulations of the
craft or trade at which he or she is employed, and must be employed only at
the Work of the craft or trade to which he or she is registered.
Only apprentices, as defined in section 3077 of the Labor Code, who are in
training under apprenticeship standards and written apprenticeship
agreements under Chapter 4 (commencing with §3070) of Division 3, are
eligible to be employed under this Contract. The employment and training of
each apprentice will be in accordance with the apprenticeship standards and
apprentice agreements under which he or she is training.
When you to whom the Contract is awarded by the Engineer, or any
Subcontractor under him or her, in performing any of the Work under the
Contract or subcontract, employs workers in any apprenticeable craft or
trade, you and Subcontractor must apply to the joint apprenticeship
committee administering the apprenticeship standards of the craft or trade in
the area of the Site of the Project, for a certificate approving your
Subcontractor under the apprenticeship standards for the employment and
training of apprentices in the area or industry affected. However, approval as
established by the joint apprenticeship committee or committees will be
subject to the approval of the Administrator of Apprenticeship. The joint
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40
apprenticeship committee or committees, subsequent to approving the
subject Contractor or Subcontractor, must arrange for the dispatch of
apprentices to you or Subcontractor in order to comply with this section. You
and the Subcontractor must submit the contract award information to the
applicable joint apprenticeship committee that must include an estimate of
journeyman hours to be performed under the Contract, the number of
apprentices to be employed, and the approximate dates the apprentices will
be employed.
There will be an affirmative duty upon the joint apprenticeship committee or
committees administering the apprenticeship standards of the crafts or trade
in the area of the Site of the Project, to ensure equal employment and
affirmative action and apprenticeship for women and minorities. You or
Subcontractors will not be required to submit individual applications for
approval to local joint apprenticeship committees provided they are already
covered by the local apprenticeship standards. The ratio of work performed
by apprentices to journeymen, who must be employed in the craft or trade on
the Project, may be the ratio stipulated in the apprenticeship standards under
which the joint apprenticeship committee operates, but, except as otherwise
provided in this section, in no case will the ratio be less than one (1) hour of
apprentice work for every five (5) hours of labor performed by a journeyman.
However, the minimum ratio for the land surveyor classification will not be
less than one (1) apprentice for each five (5) journeymen.
Any ratio will apply during any day or portion of a day when any journeyman,
or the higher standard stipulated by the joint apprenticeship committee, is
employed at the Site and must be computed on the basis of the hours worked
during the day by journeymen so employed, except for the land surveyor
classification. You will employ apprentices for the number of hours computed
as above before the end of the Contract. However, you must endeavor, to
the greatest extent possible, to employ apprentices during the same time
period that the journeymen in the same craft or trade are employed at the
Site. Where an hourly apprenticeship ratio is not feasible for a particular craft
or trade, the Division of Apprenticeship Standards, upon application of a joint
apprenticeship committee, may order a minimum ratio of not less than one (1)
apprentice for each five (5) journeymen in a craft or trade classification.
You or the Subcontractor, if he or she is covered by this section upon the
issuance of the approval certificate, or if he or she has been previously
approved in the craft or trade, will employ the number of apprentices or the
ratio of apprentices to journeymen stipulated in the apprenticeship standards.
Upon proper showing by you that he or she employs apprentices in the craft
or trade in the state on all of his or her contracts on an annual average of not
less than one (1) hour of apprentice work for every five (5) hours of labor
performed by a journeyman, or in the land surveyor classification, one (1)
apprentice for each five (5) journeymen, the Division of Apprenticeship
Standards may grant a certificate exempting you from the one (1)-to-five (5)
hourly ratio as set forth in this section.
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41
This section will not apply to contracts of general contractors or to contracts
of specialty contractors not bidding for work through a general or prime
contractor, when the contracts of general contractors or those specialty
contractors involve less than Thirty Thousand Dollars ($30,000) or twenty
(20) working days. Any work performed by a journeyman in excess of eight
(8) hours per day or forty (40) hours per week, will not be used to calculate
the hourly ratio required by this section.
"Apprenticeable craft or trade" as used herein means a craft or trade
determined as an apprenticeable occupation in accordance with the rules and
regulations prescribed by the Apprenticeship Council. The joint
apprenticeship committee will have the discretion to grant a certificate, which
will be subject to the approval of the Administrator of Apprenticeship,
exempting you from the one (1)-to-five (5) ratio set forth herein when it finds
that any one of the following conditions is met:
(5) Unemployment for the previous three-month period in the area exceeds
an average of fifteen percent (15%).
(6) The number of apprentices in training in such area exceeds a ratio of one
(1)-to-five (5).
(7) There is a showing that the apprenticeable craft or trade is replacing at
least one-thirtieth (1/30) of its journeymen annually through the
apprenticeship training, either on a statewide basis or on a local basis.
(8) Assignment of an apprentice to any work performed under this contract
would create a condition which would jeopardize his or her life or the life,
safety, or property of fellow employees or the public at large or if the
specific task to which the apprentice is to be assigned is of such a nature
that training cannot be provided by a journeyman.
When exemptions are granted to an organization that represents contractors
in a specific trade from the 1-to-5 ratio on a local or statewide basis, the
member contractors will not be required to submit individual applications for
approval to local joint apprenticeship committees, if they are already covered
by the local apprenticeship standards.
You to whom the Contract is awarded or any Subcontractor under him or her,
who, in performing any of the Work under the Contract, employs journeymen
or apprentices in any apprenticeable craft or trade and who is not contributing
to a fund or funds to administer and conduct the apprenticeship program in
any such craft or trade in the area of the site of the Project, to which fund or
funds other contractors in the area of the site of the Project are contributing,
must contribute to the fund or funds in each craft or trade in which he or she
employs journeymen or apprentices on the Project in the same amount or
upon the same basis and in the same manner as the other contractors do, but
where the trust fund administrators are unable to accept the funds,
contractors not signatory to the trust agreement must pay a like amount to the
California Apprenticeship Council. You or the subcontractor may add the
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42
amount of the contributions in computing his or her bid for the contract. The
Division of Labor Standards Enforcement is authorized to enforce the
payment of the contributions to the fund or funds as set forth in the Labor
Code §227.
The responsibility of compliance with Section 1777.5 of the Labor Code for all
apprenticeable occupations is with the prime contractor.
All decisions of the Joint Apprenticeship Committee under Labor Code
section 1777.5 are subject to Labor Code section 3081.
It is unlawful for an employer or a labor union to refuse to accept otherwise
qualified employees as registered apprentices on any public works on the
grounds of race, religious creed, color, national origin, ancestry, sex, or age,
except as provided in the Labor Code section 3077.
Pursuant to Labor Code section 1777.7, in the event you or Subcontractor
willfully fails to comply with the provisions of Labor Code section 1777.5, the
Director of Industrial Relations will deny to you or Subcontractor, both
individually and in the name of the business entity under which you or
subcontractor is doing business, the right to bid on, or to receive, any public
works contract for a period of up to one year for the first violation and for a
period of up to three years for the second and subsequent violations. Each
period of debarment will run from the date the determination of
noncompliance by the Administrator of Apprenticeship becomes an order of
the California Apprenticeship Council.
You or the Subcontractor who violates section 1777.5 will forfeit as a civil
penalty the sum of $50 for each calendar day of noncompliance.
Notwithstanding section 1727, upon receipt of a determination that a civil
penalty has been imposed, the awarding body must withhold the amount of
the civil penalty from the contract progress payments then due or to become
due.
In lieu of the penalty provided for in subdivision (1) or (2), the director may for
a first time violation and with the concurrence of the joint apprenticeship
committee, order you or the subcontractor to provide apprentice employment
equivalent to the work hours that would have been provided for apprentices
during the period of noncompliance.
Any funds withheld by the awarding body pursuant to this section must be
deposited in the General Fund if the awarding body is a state entity or in the
equivalent fund of an awarding body if the awarding body is an entity other
than the state.
The interpretation and enforcement of section 1777.5 and this section will be
in accordance with the rules and procedures of the California Apprenticeship
Council.
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43
7.3.7 Workers’ Compensation.
You will be required to secure payment of Workers' Compensation to its
employees in accordance with Labor Code Section 3700 and will file with the
Engineer prior to performing the work the certification required in Labor Code
Section 1861.
7.3.8 Suits to Recover Penalties and Forfeitures.
Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code
concerning suits to recover amounts withheld from payment for failure to
comply with requirements of the Labor Code or contract provisions based on
those laws.
Those sections provide that a suit on the contract for alleged breach thereof
in not making the payment is the exclusive remedy of yourself you or your
assignees with reference to amounts withheld for those penalties or
forfeitures; and that the suit must be commenced and actual notice thereof
received by the awarding authority prior to 90 days after completion of the
contract and the formal acceptance of the job.
Submission of a claim under Section 7.8.3, “Final Payment and Claims," for
the amounts withheld from payment for those penalties and forfeitures is not
a prerequisite for those suits, and these claims will not be considered.
7.4 Vehicle Code.
Pursuant to the authority contained in Vehicle Code Section 591, the City has
determined that within those areas that are within the limits of the project and are
open to public traffic, you must comply with all the requirements set forth in Divisions
11, 12, 13, 14 and 15 of the Vehicle Code.
Attention is directed to the statement in Vehicle Code Section 591 that this section
must not relieve you or any person from the duty of exercising due care. You must
take all necessary precautions for safe operation of your equipment and the
protection of the public from injury and damage from your equipment.
7.5 Trench Safety (More than 5 Feet Deep).
Pursuant to Labor Code section 6705, if the Contract Price exceeds $25,000 and
involves the excavation of any trench or trenches five (5) feet or more in depth, you
must, in advance of excavation, submit to the Engineer, a detailed plan showing the
design of shoring for protection from the hazard of caving ground during the
excavation of such trench or trenches.
If such plan varies from the Shoring System Standards established by the
Construction Safety Orders, the plan must be prepared by a registered civil or
structural engineer, but in no case will such plan be less effective than that required
by the Construction Safety Orders. No excavation of such trench or trenches will be
commenced until said plan has been accepted by the Engineer or by the person to
whom authority to accept has been delegated by the Engineer.
Pursuant to Labor Code section 6705, nothing herein will impose tort liability upon
the City or any of its employees
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44
7.6 Air Pollution Control.
You must comply with all air pollution control rules, regulations, ordinances and
statutes which apply to the work performed under the contract, including any air
pollution control rules, regulations, ordinances and statutes, adopted under the
authority of Section 11017 of the Government Code.
In the absence of any applicable air pollution control rules, regulations, ordinances
or statutes governing solvents, all solvents, including but not limited to the solvent
portions of paints, thinners, curing compounds, and liquid asphalt used on the
project, must comply with the applicable material requirements of the South Coast
Air Quality Management District. All containers of solvent, paint, thinner, curing
compound or liquid asphalt must be labeled to indicate that the contents fully comply
with these requirements.
Unless otherwise provided in the Contract Documents, material to be disposed of must
not be burned either inside or outside the premises.
7.7 Water Pollution.
All work by you under this contract must comply with City Storm Water Ordinance
Chapter 12.08 of the Municipal Code, and with the requirements of Section 20-3,
“Erosion Control” of the City Standard Specifications.
You must exercise every reasonable precaution to protect streams, lakes,
reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumens, calcium
chloride and other harmful materials and must conduct and schedule operations so
as to avoid or minimize muddying and silting of streams, lakes, reservoirs, bays and
coastal waters.
All drainage inlets will be considered as flowing to a waterway protected under this
section. You must not allow anything but storm water to flow into a drainage inlet.
Water pollution control work is intended to provide prevention, control and
abatement of water pollution to streams, waterways and other bodies of water, and
will consist of constructing those facilities that may be shown on the plans, specified
herein or directed by the Engineer.
In order to provide effective and continuous control of water pollution it may be
necessary for you to perform the contract work in small or multiple units, on an out
of phase schedule, and with modified construction procedures. You must provide
temporary water pollution control measures including but not limited to, dikes,
basins, ditches, and applying straw and seed, which become necessary as a result
of your operations. You must coordinate water pollution control work with all other
work done on the contract.
Nothing in the terms of the contract or in these provisions will relieve you of the
responsibility for compliance with Fish and Game codes, the Water Quality Control
Board regulations, or other applicable statutes relating to prevention or abatement of
water pollution.
The requirements of this section will apply to all work performed under the contract
and to all non-commercially operated borrow or disposal sites used for the project.
LEGAL RELATIONS AND RESPONSIBILITY
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45
You must also conform to the following provisions:
(1) Water containing mud or silt from your operations must be treated by
filtration, or retention in a settling pond, or ponds, adequate to prevent
muddy water from entering live streams and/or storm drains.
(2) Oily or greasy substances originating from your operations will not be
allowed to enter or be placed where they will later enter a live stream or
storm drain.
(3) Portland cement or fresh Portland cement concrete will not be allowed to
enter streams or storm drains. Under NO conditions must concrete trucks
or other vehicles be allowed to wash out causing wastewater to enter a
stream or storm drain.
(4) Material derived from earthwork operations or from stockpiling must not
be deposited in such a manner where it could wash or migrate into a
stream or storm drain.
(5) Where work is occurring in the vicinity of a drainage inlet the inlet must be
covered to prevent materials such as stockpiles, fog seals or tack coats
from entering the drain.
You must submit a Water Pollution Control Plan for work anticipated on the project.
The plan must include control for inclement weather when the project work will occur
between October 15th and April 30th and will identify how runoff from the site is to be
controlled in the event of inclement weather or an unanticipated spill. Hay bales will
not be allowed for filtering runoff. You must keep enough sand bags or other filler
bags at the job site at all times to cover and protect nearby drainage inlets in the
event of an unanticipated spill.
Approval of the plan by the Engineer does not release you from responsibility of
allowing only clean rainwater to leave the construction site. You are responsible to
make immediate changes in the control system as needed. Any penalties levied
against you and/or the Engineer will be your responsibility.
Compliance with the provisions in this section will in no way relieve you from the
responsibility to comply with the other provisions of the contract, in particular the
responsibility for damage and for preservation of property.
Full compensation for conforming to the provisions in this section will be considered
as included in the prices paid for the various items of work and no additional
compensation will be allowed therefore. Retention for penalties will be made in
accordance with the provisions in Section 7.8 below for permit violations.
7.8 Compliance with Regulatory Agency Requirements.
You are responsible to comply with the requirements of any permits obtained by the
City necessary to complete the work and included in the project Contract
Documents. You are also responsible to comply with Local, State and Federal
regulations regarding air and water pollution and proper disposal of materials in
accordance with the requirements of the Standard Specifications.
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46
Should you fail to meet the requirements of a permit or regulation as it pertains to
work for the City, and the City has notice of an impending fine or mitigation measure
against the City, the City will retain a portion of the work item in an amount sufficient
to satisfy any fine or mitigation measure that may be imposed on the City in addition
to the 10% retention held until work is complete. This retention will be held until
such time as you have resolved the fine or mitigation measure to the satisfaction of
the agency, or for up to 2 years, whichever is the lesser.
7.9 Use of Pesticides.
You must comply with all rules and regulations of the Department of Food and
Agriculture, the Department of Health, the Department of Industrial Relations and all
other agencies that govern the use of pesticides required in the performance of the
work on the contract.
Pesticides must include but will 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 will be considered a pesticide.
7.10 Sound Control Requirements.
You must comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the job or related to the
job, must be equipped with a muffler of a type recommended by the manufacturer.
No internal combustion engine will be operated on the project without a muffler.
7.11 Encroachment Permits.
You are required to obtain a no-fee encroachment permit for all work within the City
right-of-way. All conditions and requirements of the permit are a part of this contract
and no additional compensation will be allowed therefore.
7.12 Traffic Control.
For any work which impacts public vehicular, pedestrian or bicycle traffic, you must
submit to the Engineer a Traffic Control plan for approval by the Engineer prior to
any construction activities and/or issuance of an encroachment permit. Separate
Traffic Control Plans must be submitted for each phase of the work requiring a
change in control. The Engineer will allow a minimum of 5 working days for review
of the submitted Traffic Control plan and 5 working days for review of any
resubmitted plans. You will not be allowed to begin any work until the traffic control
plan has been approved by the Engineer.
Limited work hours may be imposed at any time. In general, if the work affects the
flow of traffic on any major route, or in the vicinity of schools or the downtown, you
should anticipate that work hour restrictions may be imposed by the Engineer.
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47
The Engineer must approve street or traffic lane closures. Permittee will not restrict
the roadway without an approved traffic delineation plan. The Engineer will review
traffic control and delineation for compliance with the approved plan, prior to the
start of any work.
On streets with bicycle lanes, you must provide for adequate width to allow for a bike
lane adjacent to the travel lane or provide clear posting that the bicycle lane is
closed.
7.13 Fire Department Permits.
You are required to obtain a Fire Department permit prior to crossing any liquid
petroleum or high pressure gas main.
7.14 Temporary Use Permit.
The work area is designated on the drawings and you must confine your operations
to this area and along those adjacent public areas under the control of and with
express permission of the Engineer through the issuance of an encroachment
permit. You must be responsible for obtaining additional sites for storage or staging
at your own expense.
You are responsible to obtain use permits as required by local ordinances for
temporary construction yards/staging areas not zoned for such use. You must
obtain Use Permits in a timely fashion so as not to delay work. No time extensions
will be given for failure to obtain permits in a timely fashion.
7.15 Assignment of Antitrust Actions.
Your attention is directed to the following requirements in Public Contract Code
7103.5 and Government Code Sections 4553 and 4554, which will be applicable to
you and your subcontractors:
"In entering into a public works contract or a subcontract to supply goods,
services, or materials pursuant to a public works contract, the contractor or
subcontractor offers and agrees to assign to the awarding body all rights, title,
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 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 subcontract. This assignment must
be made and become effective at the time the awarding body tenders final
payment to the contractor, without further acknowledgment by the parties.
7.16 Payment of Taxes.
You must pay all taxes imposed by law which are levied or become payable as a
result of your performance under this contract.
7.17 Permits and Licenses.
You must procure all permits and licenses, pay all charges and fees that are
required by any political subdivision, public utility, telephone company, special
district, or quasi-governmental entity, and give all notices necessary and incident to
LEGAL RELATIONS AND RESPONSIBILITY
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48
the due and lawful prosecution of the work. It is your responsibility to ascertain the
necessity of such permits and licenses in preparing its bid and include in its bid the
cost thereof.
The Environmental Quality Act (Public Resources Code, Sections 21000 to 21176,
inclusive) may be applicable to permits, licenses and other authorizations that you
must obtain from local agencies in connection with performing the work of the
contract. You must provide to state and federal agencies all information necessary
for environmental clearances and other authorizations necessary for this project as
set forth in the plans and work specifications. You must comply with the provisions
of those statutes in obtaining the permits, licenses and other authorizations and they
must be obtained in sufficient time to prevent delays to the work. You will not be
compensated for the delays in obtaining said permits, licenses and authorizations;
however, an extension of time will be granted pursuant to the provisions in Section
8.7, "Adjustment of Contract Time of Completion," of these General Conditions.
In the event that the Engineer has obtained permits, licenses or other authorizations,
applicable to the work, in conformance with the requirements in the Environmental
Quality Act, you must comply with the provisions of those permits, licenses and
other authorizations
7.18 Patents.
You will assume all costs arising from the use of patented or copyrighted materials,
equipment, devices, or processes used on or incorporated in the project and agree
to hold harmless, defend, and indemnify the City, and their officers or employees
from all suits, actions, or claims for, or on account of, the use of any patented or
copyrighted materials, equipment, devices, or processes.
7.19 Safety and Health Provisions.
You must comply with all the provisions of the federal Occupational Safety and
Health Act (OSHA) of 1970 (29 U.S.C. Section 651 et seq.) and all rules,
regulations, and orders adopted pursuant thereto. You must comply with all the
provisions of the California Occupational Safety and Health Act (CAL-OSHA) of
1973 (Labor Code Section 6300 et seq.) and all rules, regulations and orders
adopted pursuant thereto. These laws provide for job safety and health protection
for workers.
You must provide yourself with copies of such safety orders as are applicable to the
type of work to be performed and must be governed by their requirements in all
construction operations. You must fully inform each subcontractor and material
supplier as to the requirements of the applicable safety orders.
7.20 Public Notification.
You must supply and deliver notices of the work to all properties adjacent to and
within 100 feet of the work areas. The notice must briefly describe the work,
potential impacts on the adjacent property, and will include your Project Manager’s
name and phone number where they can be reached or a message can be left. You
must respond to phone calls received within 18 hours of receipt with the requested
information. Notices must be placed at least 48 hours in advance of the work and
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49
must state the dates work will take place adjacent to that particular property. The
dates in the notice must represent only those dates when work is anticipated at the
specific address. The project duration must not be used as a substitute for actual
site dates. Hangers without proper dates must be reissued to adjacent property
owners at your expense. The Engineer must approve wording for the notice prior to
distribution. Notices will NOT be placed inside mail boxes. Placing notices in mail
boxes is prohibited by law. Notices should be hand delivered or made up as a door
hanger. This notice is in addition to notice required for service shut downs.
7.21 Public Convenience.
You must so conduct operations as to offer the least possible obstruction and
inconvenience to the public and will have under construction no greater length or
amount of work than can be prosecuted properly with due regard to the rights of the
public.
You at your expense must immediately remove spillage resulting from hauling
operations along or across any public traveled way.
Construction operations will be conducted in such a manner as to cause as little
inconvenience as possible to abutting property owners. You must provide access to
and from all property adjacent to the proposed work area where normal access
exists and may be altered by such work. Traffic lanes, driveways, sidewalks and
street crossing must be useable at night.
Streets must not be closed to traffic without written permission from the Engineer.
However, in the absence of the Engineer, if the necessity for closing a street is
absolute to prevent immediate danger to the public, you must immediately notify the
Engineer, the Police and Fire Departments.
Sidewalks must not be blocked. Where excavations in pedestrian walkways are of
sufficient area to restrict pedestrian walking area and create a hazard to the
pedestrian, structurally sound walkways with safety railing will be provided over or
around the excavated area, and will comply with State and Federal accessibility
codes. In the Downtown Business District or other high pedestrian areas, temporary
walkways must be a minimum of 4 feet wide. At no time must pedestrians be
diverted onto a portion of a street used for vehicular traffic. At locations where
adjacent alternate walkways cannot be provided, appropriate signs and barricades
must be installed at the limits of construction and in advance of the closure at the
nearest crosswalk or intersection to divert pedestrians across the street.
7.22 Protection of the Public and Adjacent Property:
All laws and ordinances for the protection of the public must be complied with. You
are responsible for any damage of any kind to adjacent property.
The Engineer may reject any means, methods, techniques, sequences or
procedures proposed by you which might constitute or create a hazard to the Work
or to persons or property, or which will not provide Work in accordance with the
Contract Documents. However, neither the acceptance nor the failure to reject any
means, techniques, sequences and procedures by the Engineer will relieve you of
your responsibilities to safely and properly complete the Work.
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You must protect adjoining property and nearby buildings, structures, sidewalks, curbs,
pavements, utilities, and other facilities and improvements from damage, dust, dirt,
debris and other nuisances arising out of your operations or storage practices. Dust
must be controlled by sprinkling or other effective methods acceptable to the Engineer.
In addition to any requirements imposed by law, you must shore up, brace, underpin,
and protect as may be necessary, all foundations and other parts of all existing
structures adjacent to and adjoining the site of the work which are in any way affected
by the excavations or other operations connected with the completion of the work under
this Contract. Whenever any notice is required to be given by the Engineer or you to
any adjoining or adjacent landowner or other party before commencement of any work
under this Contract, such notice will be given by you. You must defend, indemnify, and
hold harmless the City from any damages on account of settlement or the loss of lateral
support of adjoining property and from all loss or expense and all damages for which
City may become liable consequence of such injury or damage to adjoining or adjacent
structures and premises.
7.23 Safety.
You must exercise precaution at all times for the protection of persons and property.
You must install adequate safety guards and protective devices for all equipment
and machinery, whether used in the work or permanently installed as part of the
project. You must also provide and adequately maintain all proper temporary walks,
roads, guards, railings, lights, and warning signs. You must comply with all
applicable laws relating to safety precautions, including the safety regulations of the
California Division of Industrial Safety. Unless you designate other employees, the
Superintendent will have the duty of prevention of accidents. It is recommended that
you institute a safety program that includes all trades on the site.
In the event of an accident, you must make available to the Engineer copies of its
accident report to its insurance carrier. You must determine the cause of the
accident and immediately correct any equipment, procedure, or condition in any way
contributing to such accident.
7.24 Use of Explosives.
Explosives must not be used without first obtaining written permission from City Fire
Department, and then will be used only with the utmost care and within the
limitations set in the written permission and in accordance with safety standards
required by law. Storage of explosives on the project site is prohibited. Powder
activated tools are not explosive for purposes of this Article; however, such tools will
only be used in conformance with State safety regulations.
7.25 Preservation of Property.
Attention is directed to Section 7.26, “Indemnification and Insurance.” and to Section
8.10, “Utilities and Site Facilities." Due care must be exercised to avoid injury to
existing site 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, markers and monuments, buildings and structures, conduits, pipelines under
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51
or above ground, sewer and water lines, all site facilities and any other
improvements or facilities within or adjacent to the work site must be protected from
injury or damage, and if ordered by the Engineer, you must provide and install
suitable safeguards, approved by the Engineer, to protect the objects from injury or
damage. Trees or tree roots in the work area must be protected in accordance with
Section 20, “Tree Protection” of the Standard Specifications. If the objects are
injured or damaged by reason of your operations, the objects must be replaced or
restored at your expense. The facilities must be replaced or restored to a condition
as good as when you entered upon the work, or as good as required by the
specifications accompanying the contract, if any of the objects are a part of the work
being performed under the contract. The Engineer may make or cause to be made
those temporary repairs that are necessary to restore to service any damaged site
facility. The cost of the repairs will be borne by you and may be deducted from any
moneys due or to become due to you under the contract.
The fact that any underground facility is not shown upon the plans will not relieve
you of the responsibility under Section 8.10, "Utilities and Site Facilities.." It will be
your responsibility, pursuant thereto, to ascertain the location of those underground
improvements or facilities that may be subject to damage by reason of your
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, will be considered as included in the prices paid for the
various contract items of work and no additional compensation will be allowed
therefore.
7.26 Indemnification and Insurance.
7.26.1 Indemnification.
With the exception that this section must in no event be construed to require
indemnification by you to a greater extent than permitted by law, you agree to
defend, indemnify and hold harmless the City of San Luis Obispo and its
officers, officials, employees and agents from and against any and all claims,
damages, losses and expenses including attorney fees, fines or mitigation
measures imposed on the City arising out of the performance of the work
described herein, caused in whole or in part by any negligent act or omission
by you, any subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, except where
caused by the active negligence, sole negligence, or willful misconduct of the
City of San Luis Obispo.
The City of San Luis Obispo and all employees thereof connected with the
work, including but not limited to the Engineer, will not be answerable or
accountable in any manner: for any loss or damage that may happen to the
work or any part thereof; for any loss or damage to any of the materials or
other things used or employed in performing the work; for injury to or death of
any person, either workmen or the public; or for damage to property from any
cause which might have been prevented by you, or your workmen, or anyone
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52
employed by you.
You are responsible for any liability imposed by law and for injuries to or
death of any person including but not limited to workmen and the public, or
damage to property resulting from defects or obstructions or from any cause
whatsoever during the progress of the work or at any time before its
completion and final acceptance.
Nothing in the Contract is intended to create the public or any member
thereof a third party beneficiary hereunder, or is any term and condition or
other provision of the contract intended to establish a standard of care owed
to the public or any member thereof.
7.26.2 Insurance.
Bidder's attention is directed to the section entitled “Insurance Requirements”
in these Contract Documents. It is highly recommended that bidders confer
with their respective insurance carriers or brokers to determine in advance of
bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent low bidder fails to comply
strictly with the insurance requirements, that bidder may be disqualified from
award of the contract.
You must procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the work hereunder by you,
your agents, representatives, employees or subcontractors. The cost of such
insurance must be included in your bid.
The certificates and endorsements are to be on forms specified by the Engineer
in these Contract Documents. Where by statute, the City's workers'
compensation related forms cannot be used and equivalent forms approved by
the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the Engineer before the
Engineer will execute the contract. The Engineer reserves the right to require
complete, certified copies of all required insurance policies, at any time.
7.27 Disposal of Material.
If you elect to dispose of materials at locations other than those where arrangements
have been made by the Engineer, or, if material is to be disposed of and the
Engineer has not made arrangements for disposal of the material, you must make
arrangements for disposing of the materials outside the project site and must pay all
costs involved. Arrangements will include, but not be limited to, entering into
agreements with property owners and obtaining necessary permits, licenses and
environmental clearances. Before disposing of any material outside the project site,
you must furnish to the Engineer satisfactory evidence that you have entered into
agreements with the property owners of the site involved and have obtained the
permits, licenses and clearances. All materials must be disposed of in a legal
manner.
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53
In addition to the provisions of this section, your attention is directed to the provisions of
the City of San Luis Obispo's Construction Code and Municipal Code dealing with the
stockpiling of materials in the City limits. All materials must be disposed of in a legal
manner.
7.28 Cooperation and Coordination with Other Contractors.
The Engineer reserves the right to let other contracts in connection with this work.
You must afford other contractors reasonable opportunity for introduction and
storage of their materials and execution of their work and must properly connect and
coordinate your work with theirs.
If any part of your work depends for proper execution or results upon work of any other
contractor, you must inspect and promptly report to the Engineer any defects in such
work that render it unsuitable for proper execution and results. Your failure so to
inspect and report will constitute your acceptance of other contractor's work as fit and
proper for reception of your work, except as to defects that may develop in other
contractor’s work after execution of your work.
To insure proper execution of their subsequent work, you must measure and inspect
work already in place and must at once report to the Engineer any discrepancy
between executed work and contract documents.
You must ascertain to your own satisfaction the scope of the project and nature of any
other contracts that have been or may be awarded by City in prosecution of project to
the end that you may perform this contract in the light of such other contracts, if any.
Nothing herein contained will be interpreted as granting to you exclusive occupancy at
site of project. You will not cause any unnecessary hindrance or delay to any other
contractor working on project. If simultaneous execution of any contract for project is
likely to cause interference with performance of some other contract or contracts.
Engineer will decide which contractor must cease work temporarily and which
contractor will continue or whether work can be coordinated so that contractors may
proceed simultaneously.
City will not be responsible for any damages suffered or extra costs incurred by you
or any other contractor, subcontractor or workman resulting directly or indirectly from
the award or performance or attempted performance of the contracts awarded for
the completion of the Work, or caused by any decision or omission of the Engineer
respecting the order of precedence in performance of contracts and you agree to
defend, indemnify and hold City harmless against any claims for such damages or
costs. Should you cause damage to the Work or property of any separate
contractor on the Project, or cause any delay to any such contractor, you must
defend, indemnify and hold City harmless for such damage or delay. The Engineer
reserves the right to back-charge you and all other contractors for the delay or
damage each causes to the other.
7.29 Occupancy by City Prior to Acceptance.
Whenever, in the opinion of the Engineer, the Work, or any part thereof, is in a
condition suitable for use, and the best interest of City requires such use, the
Engineer may take possession of, connect to, open for public use, or use the Work
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54
or such part thereof. Through the issuance of a Contract Change Order, the
Engineer and you must agree as to the responsibilities assigned to each of them for
payments, security, maintenance, heat, utilities, damage to the Work, insurance, the
period for correction of the Work, and the commencement of warranties required by
the Contract Documents.
Such occupancy will not constitute acceptance by the Engineer either of the project as
completed or of any portion thereof, nor will it relieve you of your responsibilities under
this Contract, nor act as a waiver by the Engineer of any of the terms and conditions
hereof. Additionally, such occupancy will not relieve you of full responsibility for
correcting defective work or materials found at any time before the formal written
acceptance of the project by the Engineer or during the full guarantee period after such
acceptance. However, when the project includes several separate facilities, and one or
more of such facilities is entirely occupied by the City, then upon written request by you,
the guarantee period for the occupied facility may commence from the date of
occupancy subject to written consent thereto by the Engineer.
7.30 Contractor’s Responsibility for the Work and Materials.
You must take and assume all responsibility for the Work. As between you and City,
you will bear all losses and damages directly or indirectly resulting to you, to City, or
to others on account of the character or performance of the Work.
All persons engaged in the work will be considered your employees. You must give
your personal attention to the fulfillment of the contract and keep all phases of the work
under your control. You must be responsible to the City for the acts and omissions of
your employees and all your Subcontractors, material men and equipment suppliers,
and their agents and employees and other persons performing any of the Work
under contract with you.
When any subcontractor fails to perform a portion of the work in a manner
satisfactory to the Engineer, you must remove such subcontractor immediately upon
written request of the Engineer and such subcontractor will not again be employed
on the project.
The Engineer will not arbitrate disputes among subcontractors nor between you and
one or more subcontractors concerning responsibility for performing any part of the
project.
From the issuance of the official notice to proceed until the formal acceptance of the
project by the Engineer, you must have the charge and care of and will bear the risk
of damage to the project and materials for the project by the action of the elements
or from any other cause whether arising from the execution or from the non-
execution of any work except as otherwise provided in Section 7.29, “Occupancy by
City Prior to Acceptance.”
You, at your own expense, must promptly rebuild, repair, restore, and make good all
such damages to any portion of the project and materials therefore occasioned by
any of such causes before the acceptance of the project by the Engineer except for
such damages as are proximately caused by acts of federal government or public
enemy. In case of suspension of work from any cause whatever, you must be
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55
responsible for all materials, and must properly store them, if necessary, and will
provide suitable drainage and erect temporary structures where necessary.
If you damage any property belonging to the City, Engineer may retain from the
money due to you an amount sufficient to insure repair of the damage.
7.31 Damage by Storm, Flood, Tsunami or Earthquake.
Attention is directed to Section 7.30, "Contractor's Responsibility for the Work and
Materials." In the event damage to the work is caused by a storm, flood, tsunami,
earthquake or other natural disaster which constitutes an "Occurrence," as
hereinafter defined, the provisions in this Section will be applicable, and you may
apply in writing to the Engineer for the City to pay or participate in the cost of
repairing damage to the work from that cause or, in lieu thereof, and at the sole
discretion of the Engineer, terminate the contract and relieve you of further
obligation to perform the work, subject to the following:
(1) Occurrence - "Occurrence" shall include tsunamis, earthquakes in excess
of a magnitude of 3.5 on the Richter Scale, and storms, floods and other
natural disasters as to which the Governor has proclaimed a state of
emergency when the damaged work is located within the territorial limits
to which the proclamation is applicable or, which were, in the opinion of
the Engineer, of a magnitude at the site of the work sufficient to have
caused such a proclamation had they occurred in a populated area or in
an area in which such a proclamation was not already in effect.
(2) Application by Contractor - Your written request for the City to pay or to
participate in the cost of rebuilding, repairing, restoring or otherwise
remedying the damage to the work caused by the Occurrence must be
submitted to the Engineer before performing any work other than
emergency work, including emergency work necessary to provide for
passage of public traffic.
(3) Protecting the Work from Damage - Nothing in this section will be
construed to relieve you of the responsibility to protect the work from
damage. You must bear the entire cost of repairing damage to the work
caused by the Occurrence which the Engineer determines was due to
your failure to comply with the requirements of the Plans and
Specifications, take reasonable and adequate measures to protect the
work or exercise sound engineering and construction practices in the
conduct of the work, and those repair costs will be excluded from
consideration under the provisions of this section.
(4) Repair Work - Repair of damaged work under the provisions of this
section must be pursuant to a contract change order issued hereunder
and specifying the repair work to be performed on the damaged facility.
The repair work will consist of restoring the in-place construction (for the
purposes of this section erected falsework and formwork will be
considered in-place construction) to the same state of completion to
which the work had advanced prior to the Occurrence. Emergency work
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56
that the Engineer determines would have been part of the repair work if it
had not previously been performed will be considered to be part of the
repair work.
The Engineer reserves the right to make changes in the plans and
specifications applicable to the portions of the work to be repaired, and if
those changes will increase the cost of repairing the damage over the
Engineer’s estimate of the cost of repair without the changes, you will be
paid for the increased costs in accordance with Subsection (5) and the
increased cost amount will not be considered in determining the cost of
repair to be borne by you under Subsection (5).
Nothing in this section will be construed to relieve you of full responsibility
for the risk of injury, loss or damage to materials not yet incorporated in
the work and to materials, tools and equipment (except erected falsework
and formwork) used to perform the work, or to relieve you of responsibility
under Section 7.26, "Indemnification and Insurance." The provisions of
this section will not be applicable to the repair of damage caused by an
Occurrence to any portion of the work as to which you have been granted
relief from maintenance and responsibility pursuant to Section 7.29,
“Occupancy by City Prior to Acceptance.”
(5) Determination of Costs - Unless otherwise agreed between the Engineer
and you, the cost of the work performed pursuant to this Section will be
determined in conformance with the provisions in Section 4.5.6,
"Allowable Costs and Markups for Change Orders and Force Account
Work," except there must be no markup allowance pursuant to
Subsection 4.5.6(4), "Markups of Changed Work," unless the Occurrence
that caused the damage was a tsunami or earthquake. The cost of
emergency work, which the Engineer determines would have been part of
the repair work if it had not previously been performed, will be determined
in the same manner as the authorized repair work. The cost of repairing
damaged work that was not in compliance with the requirements of the
plans and specifications will be borne solely by you, and those costs must
not be considered in determining the cost of repair under this Subsection.
(6) Payment for Repair Work - When the Occurrence that caused the
damage was a tsunami or earthquake, the State will pay the cost of repair
determined as provided in Subsection (5) that exceeds 5% of the amount
of your bid for bid comparison purposes.
When the Occurrence that caused the damage was a storm, flood or
other natural disaster, the State will participate in the cost of the repair
determined as provided in Subsection (5) in accordance with the
following:
a. On projects for which the amount of your bid for bid comparison
purposes is $2,000,000 or less, the City will pay 90% of the cost of
repair that exceeds 5% of the amount of your bid for bid comparison
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57
purposes.
b. On projects for which your bid for bid comparison purposes is greater
than $2,000,000, the City will pay 90% of the cost of repair that
exceeds $100,000.
(7) Termination of Contract - If the Department elects to terminate the
contract, the termination and the determination of the total compensation
payable to you will be governed by the provisions of Section 8.11,
"Termination of Contract."
7.32 Acceptance of Contract.
When the Engineer has made the final inspection, and determines that the contract
work has been completed in all respects in accordance with the plans and
specifications, the Engineer will formally accept the contract, and immediately upon
and after such acceptance by the Engineer, you will be relieved of the duty of
maintaining and protecting the work as a whole, and will not be required to perform
any further work thereon; and you will be relieved of your responsibility for injury to
persons or property or damage to the work which occurs after the Formal
Acceptance.
7.33 Property Rights in Materials.
Nothing in the contract must be construed as vesting in you any property right in the
materials or equipment after they have been attached to or permanently placed in or
upon the work or the soil or after payment has been made for 50% or more of the
value of the materials or equipment delivered to the site of the work whether or not
they have been so attached or placed. All such materials or equipment will become
the property of the City of San Luis Obispo upon being so attached or placed or
upon payment of 50% or more of the value of the materials or equipment delivered
on the site but not yet installed and you warrant that all such property must pass to
the City free and clear of all liens, claims, security interests, or encumbrances.
7.34 Rights in Land and Improvements.
Nothing in these specifications must be construed as allowing you to make any
arrangements with any person to permit occupancy or use of any land, structure, or
building within the limits of the contract for any purpose whatsoever, either with or
without compensation, in conflict with any agreement between the City and any
owner, former owner, or tenant of the land, structure, or building.
7.35 Contractor's Use of Site and Public Right-of-Way.
You must confine all apparatus, material, and equipment required in the
performance of this Agreement to the limits indicated by law, ordinances, permits, or
directions of the Engineer, and will not unreasonably encumber the premises
therewith. Material and equipment must be brought and used upon the premises in
such manner as to leave driveways and parking areas for regular use of the public
and employees of City.
You must not unnecessarily, in the judgment of the Engineer, obstruct or otherwise
interfere with travel over any public streets, way or sidewalk, nor will you store,
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58
stockpile or place thereon any equipment, materials or supplies without first
obtaining the authorization of the Engineer, and then only within such limits as the
Engineer may designate.
Those parts of public streets, ways and sidewalks that are occupied by you must be
immediately vacated by you and returned to public use when your use thereof is no
longer necessary for the prosecution of the Work.
The City and their agents must at all times have complete access to the Work
wherever it is in preparation and progress. When directed by the Engineer, you
must provide facilities for such access so that the City and their agents may observe
the Work and perform necessary or desired inspections, monitoring, and testing to
assure compliance with the Contract Documents.
7.36 Personal Liability.
Neither the City, nor any other officer or authorized employee of the City of San Luis
Obispo, nor any officer or employee of any county, city or district will be personally
responsible for any liability arising under or by virtue of the contract.
7.37 Ownership and Use of Documents.
All Drawings, Specifications and copies furnished are and must remain property of
the City. They are to be used with respect to this project and are not to be used on
any other project. With the exception of one contract set for each party to the
Agreement, such documents are to be returned or suitably accounted for to the
Engineer on request at completion of the Work. Submission or distribution to meet
official regulatory requirements or for other purposes in connection with the Project
is not to be construed as publication in derogation of the City's common law
copyright or other reserved rights. Neither you nor any Subcontractor, Sub-
subcontractor, or material or equipment supplier will own or claim a copyright in the
Drawings, Specifications, and other documents prepared by the Architect, and
unless otherwise indicated the Architect must be deemed the author of them. You,
Subcontractors, Sub-subcontractors, and material or equipment suppliers are
granted a limited license to use and reproduce applicable portions of the Drawings,
Specifications, and other documents prepared by the Architect appropriate to and for
use in the execution of their work under the Contract Documents.
7.38 Guarantee.
You hereby unconditionally guarantee the work under this contract to be in
conformance with the contract requirements and to be and remain free of defects in
workmanship and materials for a period of 1 year from the date of Formal
Acceptance of the project pursuant to Section 9.7.2, unless a longer guarantee
period is stipulated in the Contract Documents. By this guarantee you agree, within
the guarantee period, to repair or replace any work, together with any adjacent work
which may be displaced in so doing which is not in accordance with the
requirements of the contract or which is defective in its workmanship or material, all
without any expense whatsoever to the City, ordinary wear and tear and unusual
abuse or neglect excepted.
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59
Special guarantees that are required by the contract must be signed by you who is
responsible for the entire work and countersigned by the subcontractor who
performs the work.
Contract bonds must remain in full force and effect during the guarantee period.
You further agree that within 10 calendar days after being notified in writing by the
Engineer of any work not in accordance with the requirements of the Contract or of
any defects in the work, it must commence and prosecute with due diligence all work
necessary to fulfill the terms of this guarantee and to complete the work within a
reasonable period of time. In the event you fail to so comply, does hereby authorize
the Engineer to proceed to have the work done at your expense and it agrees to pay
the cost thereof upon demand. City will be entitled to all costs including reasonable
attorney's fees necessarily incurred upon your refusal to pay the above cost.
Notwithstanding the foregoing paragraph, in the event of an emergency constituting
an immediate hazard to health or safety of the City, employees, property, or
licenses, the Engineer may undertake at your expense, without prior notice, all work
necessary to correct such hazardous conditions caused by your work not being in
accordance with the requirements of this contract.
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General Conditions
60
8. PROSECUTION AND PROGRESS
8.1 Subcontracting.
8.1.1 General.
You must give personal attention to the fulfillment of the contract and must
keep the work under your control.
If you will subcontract any of the Work under this Contract, you are as fully
responsible to City for the acts and omissions of your subcontractor and of
the persons either directly or indirectly employed by your subcontractor, as
they are for the acts and omissions of persons directly employed by them. No
subcontractor will be recognized as such, and all persons engaged in the
work of construction will be considered as your employees and you will be
held responsible for their work, which must be subject to the provisions of the
contract and specifications.
Nothing contained in this Contract will create any contractual relation between
any subcontractor and City. You must bind every subcontractor (and every
subcontractor of a subcontractor) by the terms of this Contract applicable to
their work unless specifically noted to the contrary in the subcontract in
question and approved in writing by Engineer.
Subcontracts must include provisions that the contract between the City and
you are a part of the subcontract, and that all terms and provisions of the
contract are incorporated in the subcontract. Subcontracts must also contain
certification by the subcontractor that the subcontractor is experienced in and
qualified to do, and knowledgeable about, the subcontracted work. Copies of
subcontracts must be available to the Engineer upon written request, and
must be provided to the Engineer at the time any litigation against the City
concerning the project is filed.
Pursuant to the provisions of Section 6109 of the Public Contract Code, you
must not perform work on a public works project with a subcontractor who is
ineligible to perform work on the public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code.
8.1.2 Loss or Damage to Subcontractor.
If, through acts of neglect on your part, any other contractor, subcontractor or
workman will suffer loss or damage on the Work, you agree to settle with
such other contractor, subcontractor or workman by agreement or arbitration.
If such other contractor, subcontractor or workman must assert any claim
against City on account of any damage alleged to have been so sustained,
Engineer must notify you, who must defend, indemnify and hold harmless
City against such claim.
8.1.3 Assignment of Subcontracts.
Each subcontract agreement for a portion of the work will be assigned by you
to the Engineer provided that:
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61
(1) Assignment is effective only after termination of the Agreement with you
by the Engineer for cause and only for those subcontract agreements
which the Engineer accepts by notifying the Subcontractor in writing; and
(2) Assignment is subject to the prior rights of the surety, if any, obligated
under any bond relating to the Agreement.
8.1.4 Substitution of Subcontractor.
In accordance with Public Contract Code 4107 and 4107.5, a prime
Contractor whose bid is accepted must not:
(1) Permit a subcontract to be voluntarily assigned or transferred or allow it
to be performed by anyone other than the original subcontractor listed in
the original bid, without the consent of the awarding body or its authorized
officer.
(2) Sublet or subcontract any portion of the work in excess of ½% of your
total bid as to which his or her original bid did not designate a
subcontractor, other than in the performance of Change Orders causing
changes or deviations from the original contract.
(3) Substitute any person or entity as a Subcontractor in place of the
Subcontractor designated in the original bid except in the following
situations when authorized by the awarding body or its authorized officer.
Any assignment or substitution made without the prior written consent of
the awarding authority will be void, and the assignees will acquire no
rights in the Contract. Any consent, if given, must not relieve you from
your obligations under the terms of the Contract Documents.
a. When the Subcontractor listed in the bid after having a reasonable
opportunity to do so, fails or refuses to execute a written Contract
when that written Contract, based upon the general terms, conditions,
plans and specifications for the Project involved or the terms of that
Subcontractor’s written bid, is presented to the Subcontractor by the
prime contractor.
b. When the listed Subcontractor becomes bankrupt or insolvent;
c. When the listed Subcontractor fails or refuses to perform his or her
Subcontract;
d. When the listed Subcontractor fails or refuses to meet the bond
requirements of the prime contractor set forth in Public Contract Code
4108,
e. When you demonstrate to the awarding authority, or its duly
authorized representative, subject to the further provisions of Public
Contract Code 4107.5, that the name of the Subcontractor was listed
as the result of inadvertent clerical error;
f. When the listed Subcontractor is not licensed pursuant to the
Contractor’s License Law; or
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g. When the awarding authority, or its duly authorized representative,
determines that the Work being performed by the listed
Subcontractor is substantially unsatisfactory and not in substantial
accordance with the plans and specifications, or the Subcontractor is
substantially delaying or disrupting the progress of the Work.
h. When the listed subcontractor is ineligible to work on a public works
project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
i. When the awarding authority determines that a listed subcontractor is
not a responsible contractor.
8.1.5 Requests for Substitution of Subcontractor.
You, as a condition of asserting a claim of inadvertent clerical error in the
listing of a Subcontractor, must, pursuant to Public Contract Code 4107.5,
within 2 working days after the time of the prime bid opening by the awarding
authority, give written notice to the awarding authority and copies of such
notice to both the Subcontractor it claims to have listed in error, and the
intended Subcontractor who had bid to you prior to bid opening. Any listed
Subcontractor who has been notified by you in accordance with the
provisions of this section as to an inadvertent clerical error, will be allowed 6
working days from the time of the prime bid opening within which to submit to
the awarding authority written objection to the claim of inadvertent clerical
error.
In other cases not involving a clerical error, you must make a request in
writing to the awarding authority for the substitution of a subcontractor, giving
reasons therefor. The awarding authority will mail a written notice to the listed
Subcontractor giving reasons for the proposed substitution. The listed
Subcontractor will have 5 working days from the date of such notice within
which to file with the awarding authority written objections to the substitution.
Failure to file written objections pursuant to the provisions of this section
within the times specified herein must constitute a waiver of objection to the
substitution by the listed Subcontractor and, where the ground for substitution
is an inadvertent clerical error, an agreement by the listed Subcontractor that
an inadvertent clerical error was made.
If written objections are filed, the awarding authority must give five 5 working
days notice to you and to the listed Subcontractor of a hearing by the
awarding authority on your request for substitution as provided in Public
Contract Code 4107. Failure in the part of the listed Subcontractor to appear
at the hearing will constitute a waiver of objection to the substitution. The
determination by the awarding authority will be final.
8.1.6 No Change in Contract.
Any substitutions of Subcontractors must not result in any increase in the
Contract Price or result in the granting of any extension of time for the
completion of the Project.
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63
8.2 Assignment.
The performance of the contract may not be assigned, except upon the written
consent of the Engineer. Consent will not be given to any proposed assignment that
would relieve the original Contractor, or your surety, of the responsibilities under the
contract nor will the Engineer consent to any assignments of a part of the work
under the contract.
You may assign moneys due or to become due the Contractor under the contract
and the assignment will be recognized by the Engineer, if given proper notice
thereof, to the extent permitted by law, but any assignment of monies must be
subject to all proper set-offs in favor of the City and to all deductions provided for in
the contract and particularly all money withheld, whether assigned or not, must be
subject to being used by the City for the completion of the work in the event that you
should be in default therein. No such assignment will be valid unless it contains a
provision that the funds to be paid to the assignee under the assignment are subject
to a prior lien for services rendered or material supplied for performance of the Work
called for under this Contract in favor of all persons, firms, or corporations rendering
such services or supplying such materials, and a further provision that said
assignment is subordinate to rights of City under this Contract.
8.3 Beginning of Work and Contract Time.
8.3.1 Contract Time.
Contract Time will be as specified in the Notice to Bidders plus any
extensions of time granted through approved Change Orders.
8.3.2 Pre-construction Conference.
Upon execution of the contract, the Engineer will issue the Notice to Proceed.
The start of the Contract Time and the date for the pre-construction
conference must be stated in the Notice to Proceed and will be scheduled by
the Engineer to occur within 15 working days after the execution of the
contract. Attendance by your representative is required.
8.3.3 Start of Contract Time.
Start of Contract Time must begin the second Monday following the pre-
construction conference unless otherwise authorized by the Engineer.
8.3.4 Beginning of Work.
You must commence operations no later than 10 working days from the start
of the Contract Time stated in the Notice to Proceed. Failure to do so without
written approval of the Engineer will be considered abandonment of the work
and the Engineer may terminate your control of the work under the provisions
of Section 8.11, “Termination of Contract.”
You must notify the Engineer, in writing, of your intent to begin work at least 72
hours before operations are scheduled to begin. The notice must be delivered
to the Public Works Office and must specify the date you intend to start. If the
project has more than one location of work, a separate notice will be given for
each location.
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Should you begin work in advance of receiving notice that the contract has been
executed as above provided, any work performed by you in advance of the said
date of execution will be considered as having been done by you at your own
risk and as a volunteer.
8.4 Progress Schedule.
The progress schedule must be in accordance with this section and as addressed in
Division 1 of these Contract Documents. You must submit to the Engineer a realistic
progress schedule before work begins and monthly updates there after showing the
status of the preceding months completed work.
Unless otherwise addressed in Division 1, you must furnish a Type B schedule in
accordance with Section 8-045C “Type B Schedule” of the Standard Specifications.
Subsequent to the time that submittal of a progress schedule is required in
accordance with these specifications, no progress payments will be made for any
work until a satisfactory schedule has been submitted to the Engineer.
Failure to comply with the schedule requirements as called for in these Contract
Documents will prejudice the Engineer of its right to manage the project duration and
any impacts for added or stated work. Liquidated Damages in the amount of $200
per day will be deducted from the contract for your failure to comply with the
schedule requirements.
You will not be entitled to any additional compensation associated with time impacts
to the schedule if the schedule requirements have not been met.
Failure by you to comply with the schedule requirements as called for in these
Contract Documents constitutes a default by you of its obligations under this
Contract sufficient for termination of you if it is determined to be in the best interest
of the City.
8.5 Temporary Suspension of Work.
The Engineer will have the authority to suspend the work wholly or in part, for such
period as may be deemed necessary, due to such conditions as are considered
unfavorable for the prosecution of the work, or for such time as may be deemed
necessary due to the failure on your part to carry out orders given, or to perform any
provision of the contract. You must immediately comply with the written order of the
Engineer to suspend the work wholly or in part. The suspended work must be
resumed when conditions are favorable and methods are corrected, as ordered or
approved in writing by the Engineer.
If a suspension of work is ordered by the Engineer, due to the failure on your part to
carry out orders given or to perform any provision of the contract, the days on which the
suspension order is in effect must be considered contract days.
If the Engineer orders a suspension of all of the work or a portion of the work which
is the current controlling operation or operations, due conditions considered
unfavorable to the suitable prosecution of the work, the days on which the
suspension is in effect will not be considered contract days. If a portion of work at
the time of the suspension is not a current controlling operation or operations, but
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subsequently does become the current controlling operation or operations, the
consideration for a time extension will be made on the basis of the then current
controlling operation or operations.
In addition to the requirements specified above, the following must apply:
If the performance of all or any portion of the work is suspended or delayed by
the Engineer in writing for an unreasonable period of time (not originally
anticipated, customary, or inherent to the construction industry) and you believe
that additional compensation or contract time or additional compensation and
contract time is due as a result of that suspension or delay, you must submit to
the Engineer in writing a request for adjustment within 7 calendar days of receipt
of the notice to resume work. The request must set forth the reasons and
support for the adjustment.
Upon receipt, the Engineer will evaluate your request. If the Engineer agrees
that the cost or time or cost and time required for the performance of the
contract has increased as a result of the suspension and the suspension was
caused by conditions beyond the control of and not your fault, its suppliers, or
subcontractors at any approved tier, and not caused by weather, the Engineer
will make an adjustment (excluding profit) and modify the contract in writing
accordingly. The Engineer will notify you of the Engineers determination
whether or not an adjustment of the contract is warranted.
No contract adjustment will be allowed unless you have submitted the request
for adjustment within the time prescribed.
No contract adjustment will be allowed under the provisions specified in this
section to the extent that performance would have been suspended or delayed
by any other cause, or for which an adjustment is provided for or excluded under
any term or condition of this contract.
Any contract adjustment warranted due to suspension of work ordered by the
Engineer will be made in the same manner as provided for delays in Section 8.9,
"City-Caused Delays."
In the event of a suspension of work under any of the conditions set forth in this
Section, the suspension of work must not relieve you of the responsibilities as set
forth in Chapter 7, "Legal Relations and Responsibility."
8.6 Time of Completion.
You must complete all or any designated portion of the work called for under the
contract in all parts and requirements within the time set forth in the Notice to
Bidders plus any extensions granted by approved Change Order.
The Engineer will furnish the current status of the working days: total days, days
used, days remaining, as part of the progress payment each month. You are
responsible to verify the days are correctly shown on the pay estimate. If you
believe an error has been made, you must notify the Engineer in writing within 15
days of receipt of the progress payment, or the statement of days will be deemed to
have been accepted as correct by you.
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8.7 Adjustment of Contract Time and Allowable Time Extensions.
Any unresolved disputes and/or claims arising under this section will be resolved
pursuant to Section 7.8.3, “Final Payment and Claims.”
8.7.1 Changes in Work.
For any change in the work, you will be entitled only to such adjustments in
time by which completion of the entire work is delayed due to performance of
the changed work. However, no extension of time will be granted for a
change in the Work unless you demonstrate, through a revised critical path
schedule, to the satisfaction of the Engineer that he is making, or has made,
every reasonable effort to guarantee completion of the additional work called
for by the change within the time originally allotted for the contract. Any
additional costs to you resulting from such efforts necessary to complete the
work without the allowance of additional time will be considered in arriving at
the price for the change in the work.
Adjustment in contract time will be on a calendar day basis, except that if the
new contract completion date falls on a Saturday, Sunday, or legal holiday, it
will be extended through the next full working day.
8.7.2 Acts of God and Unusual Action of the Elements.
You will not be assessed contract days during any delay in the completion of
the project caused by acts of God, the public enemy, fire flood, epidemic,
quarantine restriction, strike, freight embargo, or unusual action of the
elements; provided that you must notify the Engineer in writing of the causes
of delay within fifteen (15) calendar days from the beginning of any such
delay. The Engineer will determine the facts with regard to the delay and
determine a reasonable period of time by which the date of completion will be
extended by reason thereof. The findings of the Engineer will be final and
conclusive.
The term "Unusual Action of the Elements" is limited to extraordinary adverse
weather conditions or conditions immediately resulting therefrom that cause a
cessation in the progress of the work that will delay the time of completion of
the Contract. The term "usual action of the elements" is defined as weather
that exceeds the California Polytechnic State University’s twenty-year
average for rain days and rain amounts for San Luis Obispo.
You will have no right to an adjustment in the time of completion due to
weather conditions that are normal for the locality of the site. The time period
for completion of the project has been determined with consideration given to
the twenty-year average climatic range prevailing in the locality of the site.
You must be responsible for proving that climatic conditions both exceeded
the twenty-year average and also affected the critical path of the project.
"Mud" days will be considered a normal occurrence; you will not be allowed
any extension for delays due to "mud" days.
8.7.3 Acts of the City and Emergency Changes.
If you are delayed in completing the work by reason of any act of the City or
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its Agents not provided by the contract, or by reason of changes made
pursuant to Section 4.5.8, “Emergency Changes.” without agreement being
reached as to any time adjustments, the time for completion of the work will
be extended for a period commensurate in the Engineer’s opinion with the
delay. You must notify the Engineer in writing of the causes of the delay
within the time period specified above which should be subject to the same
determinations as above stated.
No extension of time will be granted for any of the causes for which
extensions are granted unless you demonstrate to the satisfaction of the
Engineer that you have made every reasonable effort to complete all work
under the contract not later than the date prescribed or as soon as possible
thereafter, notwithstanding delay in the work due to any such cause.
8.7.4 City’s Right to Extend.
Even though you have no right to an extension of time for completion, the
Engineer may extend the time at your request if the Engineer determines it to
be in the best interest of the City. If the time is extended, the Engineer may
charge you, its heirs, assigns, or sureties, and deduct from the final extended
payment for the work all or any part, as the Engineer may deem proper, of
the value of the lost use of the completed project, and of the actual cost to the
City of engineering, inspection, project coordination, superintendence, and
other overhead expenses which are directly chargeable to the contract, and
which accrue during the period of such extension.
8.7.5 Procurement of Materials.
No extension of time will be granted for a delay caused by a shortage of
materials unless you furnish to the Engineer documentary proof that you have
made every effort to obtain such materials from all known sources within
reasonable reach of the work in a diligent and timely manner, and further
proof, in the form of a revised critical path schedule, 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 have been avoided by revising
the sequence of your operations. The term "shortage of materials," as used
in this section, will apply only to materials, parts, articles or equipment which
are standard items and are made, constructed, fabricated or manufactured to
meet the specific requirements of the contract. Only the physical shortage of
material will be considered under these provisions as a cause for extension of
time. Delays in obtaining materials due to priority in filling orders will not
constitute a shortage of materials.
8.7.6 Delays Due to Litigation.
Should the Engineer be prevented or enjoined from proceeding with work
either before or after the start of construction by reason of any litigation or
other reason beyond their control, you will not be entitled to make or assert
claim for damage by reason of said delay; but time for completion of the work
will be extended to such reasonable time as the Engineer may determine.
Any such determination will be set forth in writing.
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8.8 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 finished or completed within the
contract time as set forth in these Contract Documents, damage will be sustained by
the City, and that it is and will be impracticable and extremely difficult to ascertain
and determine the actual damage which the City will sustain in the event of and by
reason of such delay; and it is therefore agreed that you will pay to the City of San
Luis Obispo the sum set forth in the Notice to Bidder’s for each and every calendar
days delay in finishing the work in excess of the number of contract days prescribed.
You agree to pay said liquidated damages herein provided for, and further agree
that the Engineer may deduct the amount thereof from any moneys due or that may
become due you under the contract.
It is further agreed that in case the work called for under the contract is not finished
and completed in all parts and requirements within the number of working days
specified, the Engineer will have the right to increase the number of working days or
not, as may be deemed best to serve the interest of the City, and if the Engineer
decides to increase the contract time, the Engineer will further have the right to you,
his heirs, assigns or sureties and to deduct from the final payment for the work all or
any part, as may be deemed proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
contract, and which accrue during the period of such extension, except that cost of
final surveys and preparation of final estimate will not be included in such charges.
You must not be charged liquidated damages because of any delays in the
completion of the Work due to unforeseeable causes beyond the control and without
the fault or negligence of you (including, but not restricted to, acts of God, the public
enemy, fire, flood, epidemic, quarantine restriction, strike, labor disputes, freight
embargo, or an unusual action of the elements) provided you will, within fifteen (15)
calendar days from the beginning of any such delay, notify Engineer in writing of the
cause of the delay; whereupon the Engineer must ascertain the facts and the extent
of the delay and extend the time for completing the Work when in its judgment the
findings of fact justify such an extension. The Engineer’s findings of fact thereon will
be final and conclusive on the parties hereto.
8.9 City-Caused Delays.
If, through delays caused by the City, you sustain loss which could not have been
avoided by the judicious handling of forces and equipment, there must be paid to
you that amount that the Engineer may find to be a fair and reasonable
compensation for that part your actual loss, that, in the opinion of the Engineer, 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 force
account work, as provided in Subsection 4.5.6(3), "Equipment," with the
following exceptions:
(1) The “delay factor” for each classification of equipment shown in the
Department of Transportation publication entitled Labor Surcharge And
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Equipment Rental Rates, which is a part of the contract, will be applied to that
equipment rental rate.
(2) The time for which the compensation will be paid will be the actual normal
working time during which the delay condition exists, but in no case will exceed
8 hours in any one day.
(3) The days for which compensation will be paid will be the calendar days,
excluding Saturdays, Sundays and legal holidays, during the existence of the
delay.
Actual loss must be understood to include no items of expense other than idle
time of equipment and necessary payments for idle time of workers, 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 and compensation
for idle time of workers will be determined as provided in Section 4.5.6(1),
"Labor," 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 force account work as provided in Section 4.5.6.
If performance of your work is delayed as the result of the City, an extension of time
will be granted pursuant to the provisions in Section 8.7.3, "Acts of the City and
Emergency Changes."
8.10 Utilities and Site Facilities.
8.10.1 General.
It will be your sole responsibility to timely notify all public and private utilities
serving the Site prior to commencing work. You must notify and receive
clearance from any cooperative agency, such as Underground Service Alert,
in accordance with Government Code section 4216, et seq. You must provide
a copy of all such notifications to the Engineer. You will protect from damage,
utility and other facilities that are to remain in place, be installed, relocated or
otherwise rearranged.
The City of San Luis Obispo is not responsible for any damages, costs, delay
and expenses to you resulting from a third party (not City-owned)
underground facility operator’s failure to comply with the stipulations as set
forth in 4216.7.(c) of California Government Code.
You are cautioned that the utilities encountered at the site may include
communication cables or electrical cables conducting high voltage. When
excavating in the vicinity of the ducts enclosing such cables, special
precautions are to be observed by you at your own cost and will include the
following: All cables and their enclosure ducts must be exposed by careful
hand excavation so as not to damage the ducts or cables nor cause injury to
persons, and suitable warning signs, barricades, and safety devices must be
erected whenever necessary or appropriate.
8.10.2 Utilities Identified for Rearrangement.
It is anticipated that some or all of the utility and other facilities, both above
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70
ground and below ground, that are required to be rearranged (as used herein,
rearrangement includes installation, relocation, alteration or removal) as a
part of the project will be rearranged in advance of construction operations.
Where it is not anticipated that the rearrangement will be performed prior to
construction, or where the rearrangement must be coordinated with your
construction operations, the existing facilities that are to be rearranged will be
indicated on the plans or specifications. Where a rearrangement is indicated
on the plans or in the specifications, you will have no liability for the costs of
performing the work involved in the rearrangement.
The right is reserved to the Engineer and the owners of facilities, or their
authorized agents, to enter upon the project site for the purpose of making
those changes that are necessary for the rearrangement of their facilities or
for making necessary connections or repairs to their properties. You must
cooperate with forces engaged in this work and will conduct operations in
such a manner as to avoid any unnecessary delay or hindrance to the work
being performed by the other forces. Wherever necessary your work must be
coordinated with the rearrangement of utility or other facilities, and you must
make arrangements with the owner of those facilities for the coordination of
the work
No additional compensation will be allowed to you if you are required to work
around the utility facilities that were identified in the Contract Documents to
be rearranged. However, if your work is delayed due to the utility
rearrangement, an extension of time, agreeable to both you and the
Engineer, will be granted.
8.10.3 Unidentified/Inaccurately Identified Utilities.
Attention is directed to the possible existence of underground main or trunk
line facilities not indicated on the plans or specifications and to the possibility
that underground main or trunk lines may be in a location different from that
which is indicated on the plans or in the specifications. You must ascertain
the exact location of underground main or trunk lines whose presence is
indicated on the plans or specifications, the location of their service laterals or
other appurtenances of any other underground facilities which can be inferred
from the presence of visible facilities such as buildings, meters and junction
boxes prior to doing work that may damage any of the facilities or interfere
with their service.
In accordance with Government Code 4215, the City assumes responsibility
for the removal, relocation and protection of existing main or trunk line utilities
located on the site of the construction project if such utilities were not
identified in the plans and specifications with reasonable accuracy. You will
not be assessed liquidated damages for delay in the completion of the project
which is caused by the failure of the City or the owner of the utility to provide
for removal or relocation of such unidentified utility facilities.
If you cannot locate an underground facility whose presence is indicated on
the plans or in the specifications, you must so notify the Engineer in writing. If
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the facility for which the notice is given is in a substantially different location
from that indicated on the plans or in the specifications, the additional cost of
locating the facility will be paid for as force account work as provided in
Section 4.5.4.
If you discover underground main or trunk lines not indicated on the plans or
in the specifications, you must immediately give the Engineer and the Utility
Company written notification of the existence of those facilities. The main or
trunk lines must be located and protected from damage as directed by the
Engineer, and the cost of that work will be paid for as force account work as
provided in Section 4.5. You must, if directed by the Engineer, repair any
damage that may occur to the main or trunk lines. The cost of that repair
work, not due to you exercising reasonable care, will be paid for as force
account work as provided in Section 4.5.6. Damage due to your failure to
exercise reasonable care will be repaired at your cost and expense.
Where it is determined by the Engineer that the rearrangement of an
underground facility is essential in order to accommodate the project and the
plans and specifications do not provide that the facility is to be rearranged,
the Engineer will provide for the rearrangement of the facility by other forces
or the rearrangement will be performed by you and will be paid for as force
account work as provided in Section 4.5.6.
When ordered by the Engineer in writing, you must rearrange any utility or
site facility necessary to be rearranged as a part of the project, and that work
will be paid for as extra work as provided in Section 4.5.6.
Should you desire to have any rearrangement made in any utility facility, or
other improvement, your convenience in order to facilitate your construction
operations, which rearrangement is in addition to, or different from, the
rearrangements indicated on the plans and specifications, you must make
whatever arrangements are necessary with the owners of the utility or other
site facility for the rearrangement and bear all expenses in connection
therewith.
You must immediately notify the Engineer of any delays to your operations as
a direct result of underground main or trunk line facilities which were not
indicated on the plans or in the specifications or were located in a position
substantially different from that indicated on the plans or in the specifications,
or as a direct result of utility or other site facilities not being rearranged as
herein provided (other than delays in connection with rearrangements made
to facilitate your construction operations or delays due to a strike or labor
dispute). These delays will be considered City-caused delays within the
meaning of Section 8.9, "City-Caused Delays.," and compensation for the
delay will be determined in conformance with the provisions of said section.
You will be entitled to no other compensation for that delay.
Any delays to your operations as a direct result of utility or other site facilities
not being rearranged as provided in this Section, due to a strike or labor
dispute, will entitle your to an extension of time as provided in Section 8.8,
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“Liquidated Damages..” You will be entitled to no other compensation for that
delay.
8.11 Termination of Contract.
8.11.1 Termination of Contract for Cause.
If you should:
(1) be adjudged as bankrupt, or
(2) make a general assignment for the benefit of his creditors, or
(3) be appointed a receiver on account of his insolvency, or
(4) or any of his subcontractors should violate any of the provisions of the
Contract, or
(5) persistently or repeatedly refuse or should fail to supply enough properly
skilled workmen or proper materials, or otherwise fail to prosecute the
work with the diligence and force specified by the contract
(6) fail to make prompt payment to subcontractors or for material or for labor,
or
(7) persistently disregard laws, ordinances or the instructions of the
Engineer,
then the Engineer, upon the determination that sufficient cause exists to
justify such action, may, without prejudice to any other right or remedy, give
written notice to you and his Surety of its intention to terminate the Contract,
and unless within 7 calendar days after the giving of such notice such
violation must cease and satisfactory arrangements for correction thereof be
made, the Contract must, upon expiration of said 7 calendar days, cease and
terminate. In the event of any such termination, Engineer must immediately
give written notice thereof to the Surety and you, and the Surety will have the
right to take over and perform the Contract, provided, however, that if the
Surety within the 10 calendar days after the giving of notice of termination
does not give the Engineer written notice of its intention to take over and
perform the Contract or does not commence performance thereof within the
10 calendar days stated above from the date of the giving of such notice, the
Engineer may take over the work and prosecute the same to completion by
contract or by any other method it may deem advisable, for the account and
at your expense, and you and his Surety will be liable to City for any excess
cost occasioned by the Engineer thereby, and in such event the Engineer
may without liability for so doing, take possession of and utilize in completing
the work, such as may be on the site of the Work and necessary therefore
and complete the work by whatever reasonable method the Engineer may
deem expedient. In such cases you will not be entitled to receive any further
payment until the work is finished.
If the unpaid balance of the Contract Sum exceeds costs of completing the
Work, including compensation for professional services and expenses made
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necessary thereby, such excess must be paid to you. If such costs exceed
the unpaid balance, you must pay the difference to the City. The amount to
be paid to you, or City, as the case may be, will be certified by the City
Representative upon application. This payment obligation will survive
completion of the Project.
8.11.2 Termination of Contract for Convenience.
The Engineer may terminate the contract when termination is authorized by
provisions of the contract, or for discovery of unforeseen or unusual
conditions or at any time upon a determination by the Engineer that
termination of the contract is in the best interest of the Engineer.
If the Engineer elects to terminate the contract, the termination of the contract
and the total compensation payable to you will be governed by the following:
(1) The Engineer will issue you a written notice signed by the awarding body,
specifying that the contract be terminated. Upon receipt of the written
notice, you will be relieved of further responsibility for damage to the work
(excluding materials) as specified in Section 7.30, "Contractor’s
Responsibility for the Work and Materials.," and, except as otherwise
directed in writing by the Engineer, you must:
a. Stop all work under the contract except that specifically directed to be
completed prior to acceptance.
b. Perform work the Engineer deems necessary to secure the project for
termination.
c. Remove equipment from the site of the work.
d. Take action that is necessary to protect materials from damage.
e. Notify all subcontractors and suppliers that the contract is being
terminated and that their contracts or orders are not to be further
performed unless otherwise authorized in writing by the Engineer.
f. Provide the Engineer 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 Engineer may request.
g. Dispose of materials not yet used in the work as directed by the
Engineer. It must be your responsibility to provide the Engineer with
good title to all materials purchased by the City hereunder, including
materials for which partial payment has been made and with bills of
sale or other documents of title for those materials.
h. Subject to the prior written approval of the Engineer, settle all
outstanding liabilities and all claims arising out of subcontracts or
orders for materials terminated hereunder. To the extent directed by
the Engineer, you must assign to the Engineer all your right, title and
interest under subcontracts or orders for materials terminated
hereunder.
i. Furnish the Engineer with the documentation required to be furnished
by you under the provisions of the contract including, on projects as
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74
to which Federal funds are involved, all documentation required
under the Federal requirements included in the contract.
j. Take other actions directed by the Engineer.
(2) Acceptance of the contract as hereinafter specified must not relieve you
of responsibility for damage to materials. You must continue to be
responsible for damage to materials after issuance of the Notice of
Termination, except as follows:
a. Your responsibility for damage to materials for which partial payment
has been made and for materials furnished by the City for use in the
work and unused will terminate when the Engineer certifies that those
materials have been stored in the manner and at the locations the
Engineer has directed.
b. Your responsibility for damage to materials purchased by the City
subsequent to the issuance of the notice that the contract is to be
terminated must terminate when title and delivery of those materials
has been taken by the Engineer.
When the Engineer determines that you have completed the work under
the contract directed to be completed prior to termination and such other
work as may have been ordered to secure the project for termination, the
Engineer will formally accept the contract, and immediately upon and
after the acceptance by the Engineer, you will not be required to perform
any further work thereon and will be relieved of the contractual
responsibilities for injury to persons or property which occurs after the
formal acceptance of the project.
(3) Termination of the contract will not relieve the Surety of its obligation for
any just claims arising out of the work performed.
(4) The total compensation to be paid to you will be determined by the
Engineer on the basis of the following:
a. The reasonable cost to you, without profit, for all work performed
under the contract, including mobilization, demobilization and work
done to secure the project for termination. In determining the
reasonable cost, deductions will be made for the cost of materials to
be retained by you, amounts realized by the sale of materials, and for
other appropriate credits against the cost of the work. Deductions will
also be made, when the contract is terminated under the authority of
Section 7.31, "Damage by Storm, Flood, Tsunami or Earthquake.,"
for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a contract item of
work is excessively high due to costs incurred to remedy or replace
defective or rejected work, the reasonable cost to be allowed will be
the estimated reasonable cost of performing that work in compliance
with the requirements of the plans and specifications and the
excessive actual cost will be disallowed.
b. A reasonable allowance for profit on the cost of the work performed
as determined under Subsection (a.), provided you establish to the
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75
satisfaction of the Engineer that it is reasonably probable that you
would have made a profit had the contract been completed and
provided further, that the profit allowed must in no event exceed 4%
of the cost.
c. The reasonable cost to you of handling material returned to the
vendor, delivered to the Engineer or otherwise disposed of as
directed by the Engineer.
d. A reasonable allowance for your administrative costs in determining
the amount payable due to termination of the contract.
All records of you and your subcontractors, necessary to determine
compensation in conformance with the provisions in this Section, will be
open to inspection or audit by representatives of the City at all times after
issuance of the notice that the contract is to be terminated and for a
period of 3 years, thereafter, and those records must be retained for that
period.
The provisions in this Section will be included in all subcontracts.
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9. PAYMENT AND COMPLETION
9.1 Scope of Payment.
You must accept the compensation provided in the contract as full payment for
furnishing all labor, materials, tools, equipment, and incidentals necessary to the
completed work and for performing all work contemplated and embraced under
the contract; also for loss or damage arising from the nature of the work, or from
the action of the elements, or from any unforeseen difficulties which may be
encountered during the prosecution of the work until the acceptance by the
Engineer and for all risks of every description connected with the prosecution of
the work, also for all expenses incurred in consequence of the suspension or
discontinuance of the work as provided in the contract; and for completing the
work according to the Contract Documents. Neither the payment of any estimate
nor of any retained percentage will relieve you of any obligation to make good
any defective work or material.
No compensation will be made in any case for loss of anticipated profits.
9.2 Force Account Payment.
Payment for Force Account Work will be subject to the approval of the Engineer
and compensation will be determined per Section 4.5.4, “Failure to Agree with
Proposed Costs & Force Account Work,” and Section 4.5.6, “Allowable Costs
and Markups for Change Orders and Force Account Work” of these General
Conditions.
9.3 Notice of Potential Claim
Claims for disputes between the parties arising under and by virtue of the
contract must be brought to the attention of the Engineer at the earliest possible
time. Notices of Potential Claims will be submitted and processed in
accordance with Section 9-1.04 of the State Standard Specifications.
References to Section 4-1.03, “Changes” shall mean Section 4.5, “Changes in
the Work.” References to Section 5-1.116, “Differing Site Conditions,” will mean
Section 5.15 References to 8-1.06, “Time of Completion,” will mean Section 8.6.
References to Section 8-1.07, “Liquidated Damages,” will mean Section 8.8.
References to 8-1.10, “Utility and Non-highway Facilities,” will mean Section
8.10, Utilities and Site facilities.” Referenced forms CEM- 6201A, B and C can
be found elsewhere in these Contract Documents.
9.4 Stop Notices.
The City Finance Department will retain out of any money due or that may
become due to you, 125% of the value of any Stop Notice filed pursuant to Civil
Code, Section 3082 et seq.
9.5 Partial Payments. (Progress Payments)
9.5.1 Schedule of Values.
You must prepare a schedule of the estimated values of each of the
various parts of the job and the total of all parts that must equal the
contract sum. Said schedule will be on AIA Form G703 or similar form
PAYMENT AND COMPLETION
General Conditions
77
and will be subject to the Engineer’s approval. Submit the Schedule of
Values for review by the Engineer at or before the pre-construction
conference.
The Engineer will use the Schedule of Values for verifying the amount of
each progress payment. Provide a breakdown of the contract sum in
enough detail to facilitate continued evaluation of Applications for
Payment and progress reports.
Coordinate the Schedule of Values line items with the Construction
Schedule detailed tasks. Provide several line items for principal
subcontract amounts, where appropriate.
Provide a separate line item in the Schedule of Values for each part of
the Work where Applications for Payment may include materials or
equipment purchased or fabricated and stored, but not yet installed.
Each item in the Schedule of Values and Applications for Payment must
be complete. Include total cost and proportionate share of general
overhead and profit for each item. Temporary facilities, mobilization,
demobilization, and other major cost items that are not direct cost of
actual work-in-place must be shown as separate line items in the
Schedule of Values.
Update and resubmit the Schedule of Values before the next Applications
for Payment when Change Orders or Construction Change Directives
result in a change in the Contract Sum.
9.5.2 Application for Payment.
Once each month, you must prepare and forward to the Engineer, a
statement in writing, updating the approved Schedule of Values,
indicating the total amount of the work completed and the acceptable
materials furnished and delivered by you on the ground and not used, or
acceptable materials furnished and stored (if such storage is subject to or
under the control of City), for use in the performance of this Contract to
the time of such statement and the value thereof.
Submit one (1) signed original copy of the Application for Payment to City
Representative by the 5th day of each month.
9.5.3 Withholding of Retention.
City must retain 5% of the value of the work done, and 50% of the value
of the materials so estimated to have been furnished and delivered and
unused or furnished and stored as aforesaid as part security for the
fulfillment of this Contract by you and any amounts to be retained under
provisions of the contract. In accordance with Section 9.6, “Substitution of
Securities,” you, at your expense, may create an escrow account in
accordance with Public Contracts Code and Civil Code specifically for
this project.
PAYMENT AND COMPLETION
General Conditions
78
9.5.4 Monthly Payment.
Upon your written approval of the Application for Payment, the Engineer
must, within 30 calendar days of receipt, pay to you, while carrying on the
Work, the undisputed balance not retained, as aforesaid, after deducting
there from all previous payments and all sums to be kept or retained
under the provisions of law or of this Contract.
No monthly statement or payment will be required to be made when in
judgment of the Engineer, the work is not proceeding in accordance with
the provisions of the contract or when in his judgment the total value of
the work completed since the last payment amounts to less than $300.
No such statement or payment will be construed to be an acceptance of
any defective work or improper materials.
9.5.5 Interest Due.
Pursuant to Section 20104.5 of the Public Contract Code, failure by the
City to make any progress payment within 30 days after receipt of an
undisputed and properly submitted payment request must pay interest to
you equivalent to the legal rate set forth in Section 685.010 subsection
(a) of the code of Civil Procedure.
9.5.6 Correction of Statement and Withholding of Payment.
No inaccuracy or error in said statement will operate to release you or
any surety from damages arising from such work or from enforcing each
and every provision of this Contract. For a period of 3 years after
acceptance of the work, all statements and payments will be subject to
correction and adjustment for clerical errors. You and the Engineer
agree to pay to the other any sum due under the provisions of this
section except, however, if the total sum to be paid is less than $200 then
no payment will be made.
9.6 Substitution of Securities
Upon your request, pursuant to Public Contract Code Section 22300, the
Engineer will make payment of funds withheld from progress payments to
ensure performance of the contract if you deposit in escrow with the City, or with
a bank acceptable to the Engineer, securities equivalent to the amount withheld.
You must be beneficial owner of any securities substituted for moneys withheld
and will receive any interest thereon. Upon satisfactory completion of the
contract, the securities must be returned to you.
Alternatively, upon your request, the Engineer will make payment of retentions
earned directly to the escrow agent. You may direct the investment of the
payments into securities, and you will receive the interest earned on the
investments upon the same terms provided for securities deposited by you.
Upon satisfactory completion of the contract, you will receive from the escrow
agent all securities, interest and payments received by the escrow agent from
the City, pursuant to the terms in Section 22300 of the Public Contract Code.
PAYMENT AND COMPLETION
General Conditions
79
Securities eligible for investment will include those listed in Section 16430 of the
Government Code, 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 you and the Department.
The escrow agreement used pursuant to this Section will be substantially similar
to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section
10263 of the Public Contract Code, deemed as incorporated herein by
reference.
You must obtain the written consent of the surety to the agreement.
9.7 Project Completion and Final Payments.
9.7.1 Substantial Completion:
(1) You must request in writing a Substantial Completion Inspection for
the Work when you feel that the Work is sufficiently complete and at
least 10 calendar days prior to the expiration of the Contract Time
established by the contract.
(2) A Punch List of items to be completed and/or corrected must be
prepared by you and presented to the Engineer with the request for
inspection. You must certify that the remaining items of work will be
completed before the expiration of the Contract Time and that the
remaining items of work do not in any way negatively impact the
City’s full and complete use of the Work. Failure to include any items
on the punch lists must not alter your responsibility to complete all
the Work in accordance with the Contract Documents.
(3) The Engineer will determine the validity of the request and respond
stating a time and date of the Substantial Completion Inspection.
(4) Prior to the Substantial Completion Inspection and within sufficient
time for review by the Engineer, you must submit all catalog data,
complete operating and maintenance instructions, certificates,
warranties, written guarantees and related documents as required by
the Contract Documents.
(5) The City, Architect and other consultants responsible for review of
the project must conduct an inspection of the Work. The Engineer
must review the Punch List, incorporating additional comments from
the inspection for completion and/or correction by you for a Final
Punch List.
(6) Upon completion of all of the Final Punch List items, you must submit
a "Contractor's Notice of Final Completion" in accordance with the
procedures stated in Section 9.7.2 below.
Failure by you to complete any items on the Final Punch List within
the Contract time allows the Engineer to require performance of
same by your Surety or otherwise arrange for completion of those
items of work and to deduct all of the costs thereof and any liquidated
PAYMENT AND COMPLETION
General Conditions
80
damages or actual damages incurred from the Final Payment by
deductive Change Order.
9.7.2 Final Completion And Acceptance Of The Work.
Final Completion and Acceptance of the Work will be made in
accordance with the following steps and conditions:
(1) Contractor's Notice of Final Completion. You must submit to the
Engineer written notice that the Work is complete and ready for Final
Inspection and acceptance.
(2) Contractor Submittals. Before the Final Inspection and after the Final
Punch List Corrections have been made, you must submit the
following items to the Engineer:
a. Contractors Guarantee. See form provided in the Contract
Documents.
b. Manufacturer’s Guarantees: You must submit any Guarantees
required by provisions of the Contract
c. Operations and Maintenance Data/Manuals. Provide all
operations and maintenance manuals as required per the various
specifications.
d. Record Drawings and Specifications: You must submit Record
Drawings and Specifications in accordance with Section 4.4,
“Record Drawings and Specifications of these Contract
Documents.
(3) Final Inspection: Upon receipt of "Contractor's Notice of Final
Completion" and your Submittals listed in the previous section, the
Engineer will promptly make the Final Inspection. The Engineer,
upon final inspection and determination that the Work provided for in
this Contract has been completed, will recommend to the awarding
body or their authorized representative, that the project be accepted.
(4) Formal Acceptance. The date of acceptance of the work will be the
date that the awarding body or their authorized representative
formally accepts the work.
(5) Notice of Completion: The Engineer will file the Notice of Completion
with the County within 5 days of Formal Acceptance.
9.7.3 Final Payment and Claims.
Final payment and claims procedures must be in accordance with
Section 9-1.07B, “Final Payment and Claims” of the City’s Standard
Specifications except as herein modified. References to Section 4-1.03,
“Changes” will mean Section 4.5, “Changes in the Work.” References to
Section 5-1.116, “Differing Site Conditions,” will mean Section 5.15
References to 8-1.06, “Time of Completion,” will mean Section 8.6.
References to Section 8-1.07, “Liquidated Damages,” will mean Section
PAYMENT AND COMPLETION
General Conditions
81
8.8. References to 8-1.10, “Utility and Non-highway Facilities,” will mean
Section 8.10, “Utilities and Site Facilities.”
9.8 Non-Waiver.
Neither acceptance of, nor payment for, the Work or any part thereof, nor any
extension of time nor any possession taken by the Engineer, will operate as a
waiver of any of the provisions of this Contract, nor will a waiver of any breach
of this Contract, be held to be a waiver of any other or subsequent breach. In
addition, recordation of Notice of Completion will not be deemed an acceptance
of latent defects nor will it constitute a waiver of any of the provisions of this
Contract
END OF GENERAL CONDITIONS
City Hall Administration Remodel
Specification No. 91290
TABLE OF CONTENTS Page 132
TABLE OF CONTENTS
UDIVISION 1 – General Requirements
01010 Summary of Work
01030 Substitutions
01045 Cutting & Patching
01095 Reference Standards & Definitions
01300 Submittals
01400 Quality Control
01500 Construction Facilities & Temporary Controls
U DIVISION 2 – Existing Conditions
02410 Selective Demolition
UDIVISION 6 – Wood & Plastics
06410 Casework
UDIVISION 8 – Doors & Windows
08110 Metal Door and Window Frames
08200 Wood Doors
08422 Glass Entry Systems
08700 Door Hardware
08800 Glazing
UDIVISION 9 – Finishes
09512 Acoustic Ceiling Treatment
09680 Carpet
09900 Painting
UDIVISION 10 – Specialties
10211 Solid Plastic Toilet Partitions
10280 Bathroom Accessories
10400 Signage
10610 Demountable Partitions
UDIVISION 22 – Plumbing
22400 Plumbing Fixtures
UDIVISION 26 – Electrical Systems
26053 Raceways and Boxes For Electrical Systems
END OF TABLE OF CONTENTS
City Hall Administration Remodel
Specification No.: 91290
01010 – SUMMARY OF WORK Page 134
SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A. The Project consists of remodeling the existing administration wings of the City Hall
Facility as described below.
1. Project Location: 990 Palm Street
San Luis Obispo, CA 93401
2. Owner: City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
B. Contract Documents for the administration remodel, dated April 27, 2015, were prepared
for the project by Fraser Seiple Architects, (805) 544-6161.
C. The Work consists of but is not limited to:
Remodel and tenant improvement to the existing east and west administration wings of
the City Hall facility.
1.3 CONTRACTOR USE OF PREMISES (Refer to General Conditions, Section 7.32 for additional
information)
1.4 Use of the Site: Limit use of the premises to work in areas indicated. Confine operations to
areas within contract limits indicated. Do not disturb portions of the site beyond the areas in
which the Work is indicated.
A. Owner Occupancy: City Hall will be open to the public during the duration of construction
for the remodels. Some administration personnel will be temporarily relocated to other
City facilities during construction.
B. Driveways and Entrances: Keep driveways and entrances serving the premises clear
and available to the City, City employees, the public and emergency vehicles at all times.
Do not use these areas for parking or storage of materials. Schedule deliveries to
minimize space and time requirements for storage of materials and equipment on-site.
C. Parking: Access to the existing parking lot will be allowed. The Contractor will have
access during construction but must allow access for public, City staff and City vehicles.
Deliveries and vehicles that are necessary to the functions of the project may be given
priority in the parking spaces close to the administration area of City Hall. All other
construction related vehicles will have to park in accordance with local conditions.
D. Personnel will not be allowed into other structures or other portions of the building unless
necessary for work under the project scope.
E. Work hours are Monday through Friday between 7:00 a.m. to 4:00 p.m. unless otherwise
approved by the Engineer. Construction noise is limited to the hours of 7:00 a.m. to 7:00
p.m. unless otherwise approved by the Community Development Director. If overtime or
weekend work is requested and granted, the Contractor will be responsible to pay
overtime hours for inspection staff.
City Hall Administration Remodel
Specification No.: 91290
01010 – SUMMARY OF WORK Page 135
F. Toilet Facilities: The Contractor will be allowed to use the City Hall restrooms.
Restrooms will not be used for washing tools or other construction-related activities.
1.5 Use of the Existing Building: Maintain the existing building in a weathertight and secure condition
throughout the construction period. Repair damage caused by construction operations. Take all
precautions necessary to protect the building during the construction period. Construct temporary
barriers prior to demolition and new construction.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01010
City Hall Administration Remodel
Specification No.: 91290
01030 – SUBSTITUTIONS Page 136
SECTION 01030 - SUBSTITUTIONS
PART 1 - GENERAL
1.1 “Or Equal” Substitutions
A. One Product Specified: Unless the Specifications state that no substitution is permitted,
whenever in the Contract Documents any specific article, device, equipment, product,
material, fixture, patented process, form, method, or type of construction is indicated or
specified by name, make, trade name, or catalog number, with or without the words “or
equal”, such specification shall be deemed to be used for the purpose of facilitating
description of material, process, or article desired and shall be deemed to be followed by
the words “or equal”. Contractor may, unless otherwise stated, offer any material,
process, or article, which shall be substantially equal or better in every respect to that so
indicated or specified and will completely accomplish the purpose of the Contract
Documents.
B. Two or More Products Specified: When two or more acceptable products are specified
for an item of the Work, the choice will be up to the Contractor. Contractor shall utilize
the same product throughout the Project. If a timely substitution request as set forth in
Section 1.02.A. is not provided and an “or equal” substitution is requested, the Owner
may consider the substitution only if the product specified is no longer commercially
available.
C. The burden of proof as to the equality of any material, process or article shall rest with
the Contractor, and the Contractor shall submit all data substantiating a request for an “or
equal” substitution item as provided in Section 3400 of the Public Contract Code,
Specification Section 01600 and other specific sections of the specifications prior to
Award of Contract.
1.2 Request for Substitutions
A. Substitute Request Form (for form, refer to this section): Requests for substitutions of
products, materials, or processes other than those specified must be made on the
Substitution Request form attached. Requests must be submitted ten (10) calendar days
prior to the date of the Bid Opening to be considered. An addendum will be issued at
least 72 hours prior to Bid Opening, identifying all equipment and materials deemed
equivalent to those specified and approved by the Architect.
B. Substitution Request Content: A substitution request must constitute a representation
that the subcontractor/general contractor:
1. Has investigated proposed product and determined that it is equal in quality and
serviceability of the specified item.
2. Will provide the same warranty for the substitution as for the specified product.
3. Will coordinate installation and make changes to other work, which may be
required for the work to be complete with no additional cost to General
Contractor / Owner.
4. Will be acceptable in consideration of the required design and artistic effect.
5. Will require no excessive or more expensive maintenance including adequacy
and availability of replacement parts.
6. Waives claims for additional costs or time extension, which may subsequently
become apparent.
City Hall Administration Remodel
Specification No.: 91290
01030 – SUBSTITUTIONS Page 137
7. Will reimburse owner for review or redesign services by the Architect and re-
approval fees by authorities, agencies, or the Owner.
8. List any differences in the proposed product and any modifications that must be
made to accommodate the substituted item.
C. Substitution Submittal Procedure:
1. Contractor shall furnish four (4) copies of the requested information sufficient to
determine whether the proposed substitution is equivalent including, but not
limited to, all drawings, specifications, samples, performance data, calculations,
and other information as may be required to assist the Architect and the Owner in
determining whether the proposed substitution is acceptable.
2. The final decision shall be the Owner’s. Owner may condition its approval of the
substitution upon delivery to Owner of an extended warranty or other assurances
of adequate performance of the substitution.
D. If the Substitution is Permitted: The Contractor shall be solely and directly responsible for
fitting approved substituted material and equipment into the available space in a manner
acceptable to the Owner and for the proper operation of the substituted equipment with
all other equipment with which it may be associated. The Contractor shall bear all costs
of meeting the above requirements for presenting a proposed substitution, and if the
substitution is accepted, the Contractor must bear all costs involved including costs of
Construction Manager’s, Architect’s, and Engineer’s services required in adapting the
substituted material or equipment to the installation to the complete satisfaction of the
Owner.
City Hall Administration Remodel
Specification No.: 91290
01030 – SUBSTITUTIONS Page 138
Substitution of “Or Equal” Product
DATE: TIME:
COMPANY:
CONTACT PERSON:
ADDRESS:
TELEPHONE: FAX:
PLAN SHEET: SPECIFICATIONS
SECTION:
LISTING OF PROPOSED “OR EQUAL” PRODUCTS:
TO A/E:
END OF SECTION 01030
City Hall Administration Remodel
Specification No.: 91290
01045 – CUTTING AND PATCHING Page 139
SECTION 01045 - CUTTING AND PATCHING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for cutting and
patching.
B. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 2 Section "Selective Demolition" for demolition of selected portions of
the building for alterations.
2. Refer to other Sections for specific requirements and limitations applicable to
cutting and patching individual parts of the Work.
a. Requirements of this Section apply to mechanical and electrical
installations. Refer to Division 15 and 16 Sections for other requirements
and limitations applicable to cutting and patching mechanical and
electrical installations.
1.3 SUBMITTALS
A. Cutting and Patching Proposal: Submit a proposal describing procedures well in
advance of the time cutting and patching will be performed. Request approval to
proceed. Include the following information, as applicable, in the proposal:
1. Describe the extent of cutting and patching required. Show how it will be
performed and indicate why it cannot be avoided.
2. Describe anticipated results in terms of changes to existing construction. Include
changes to structural elements and operating components as well as changes in
the building's appearance and other significant visual elements.
3. List products to be used and firms or entities that will perform Work.
4. Indicate dates when cutting and patching will be performed.
5. Utilities: List utilities that cutting and patching procedures will disturb or affect.
List utilities that will be relocated and those that will be temporarily out-of-service.
Indicate how long service will be disrupted.
6. Where cutting and patching involves adding reinforcement to structural elements,
submit details and engineering calculations showing integration of reinforcement
with the original structure.
7. Approval by the Architect to proceed with cutting and patching does not waive
the Architect's right to later require complete removal and replacement of
unsatisfactory work.
City Hall Administration Remodel
Specification No.: 91290
01045 – CUTTING AND PATCHING Page 140
1.4 QUALITY ASSURANCE
A. Requirements for Structural Work: Do not cut and patch structural elements in a manner
that would change their load-carrying capacity or load-deflection ratio.
1. Obtain approval of the cutting and patching proposal before cutting and patching
the following structural elements:
a. Foundation construction.
b. Bearing and retaining walls.
c. Structural concrete.
d. Structural steel.
e. Lintels.
f. Timber and primary wood framing.
g. Structural decking.
h. Miscellaneous structural metals.
i. Equipment supports.
j. Piping, ductwork, vessels, and equipment.
B. Operational Limitations: Do not cut and patch operating elements or related components
in a manner that would result in reducing their capacity to perform as intended. Do not
cut and patch operating elements or related components in a manner that would result in
increased maintenance or decreased operational life or safety.
1. Obtain approval of the cutting and patching proposal before cutting and patching
the following operating elements or safety related systems:
a. Primary operational systems and equipment.
C. Visual Requirements: Do not cut and patch construction exposed on the exterior or in
occupied spaces in a manner that would, in the Architect's opinion, reduce the building's
aesthetic qualities. Do not cut and patch construction in a manner that would result in
visual evidence of cutting and patching. Remove and replace construction cut and
patched in a visually unsatisfactory manner.
1.5 WARRANTY
A. Existing Warranties: Replace, patch, and repair material and surfaces cut or damaged by
methods and with materials in such a manner as not to void any warranties required or
existing.
PART 2 - PRODUCTS
2.1 MATERIALS, GENERAL
A. Use materials identical to existing materials. For exposed surfaces, use materials that
visually match existing adjacent surfaces to the fullest extent possible if identical
materials are unavailable or cannot be used. Use materials whose installed performance
will equal or surpass that of existing materials.
City Hall Administration Remodel
Specification No.: 91290
01045 – CUTTING AND PATCHING Page 141
PART 3 - EXECUTION
3.1 INSPECTION
A. Examine surfaces to be cut and patched and conditions under which cutting and patching
is to be performed before cutting. If unsafe or unsatisfactory conditions are encountered,
take corrective action before proceeding.
1. Before proceeding, meet at the 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.
3.2 PREPARATION
A. Temporary Support: Provide temporary support of work to be cut.
B. Protection: Protect existing construction during cutting and patching to prevent damage.
Provide protection from adverse weather conditions for portions of the Project that might
be exposed during cutting and patching operations.
C. Avoid interference with use of adjoining areas or interruption of free passage to adjoining
areas.
D. Avoid cutting existing pipe, conduit, or ductwork serving the building but scheduled to be
removed or relocated until provisions have been made to bypass them.
3.3 PERFORMANCE
A. General: Employ skilled workmen to perform cutting and patching. Proceed with cutting
and patching at the earliest feasible time and complete without delay.
1. Cut existing construction to provide for installation of other components or
performance of other construction activities and the subsequent fitting and
patching required to restore surfaces to their original condition.
B. Cutting: Cut existing construction using methods least likely to damage elements
retained or adjoining construction. Where possible, review proposed procedures with the
original Installer; comply with the original Installer's recommendations.
1. In general, where cutting, use hand or small power tools designed for sawing or
grinding, not hammering and chopping. Cut holes and slots as small as possible,
neatly to size required, and with minimum disturbance of adjacent surfaces.
Temporarily cover openings for security when not in use.
2. To avoid marring existing finished surfaces, cut or drill from the exposed or
finished side into concealed surfaces.
3. Cut through concrete and masonry using a cutting machine, such as a
Carborundum saw or a diamond-core drill.
4. Comply with requirements of applicable Division 2 Sections where cutting and
patching requires excavating and backfilling.
5. Where services are required to be removed, relocated, or abandoned, by-pass
utility services, such as pipe or conduit, before cutting. Cut-off pipe or conduit in
walls or partitions to be removed. Cap, valve, or plug and seal the remaining
portion of pipe or conduit to prevent entrance of moisture or other foreign matter
after bypassing and cutting.
C. Patching: Patch with durable seams that are as invisible as possible. Comply with
specified tolerances.
City Hall Administration Remodel
Specification No.: 91290
01045 – CUTTING AND PATCHING Page 142
1. Where feasible, inspect and test patched areas to demonstrate integrity of the
installation.
2. Restore exposed finishes of patched areas and extend finish restoration into
retained adjoining construction in a manner that will eliminate evidence of
patching and refinishing.
3. Where removing walls or partitions extends one finished area into another, patch
and repair floor and wall surfaces in the new space. Provide an even surface of
uniform color and appearance. Remove existing floor and wall coverings and
replace with new materials, if necessary, to achieve uniform color and
appearance.
a. Where patching occurs in a smooth painted surface, extend final paint
coat over entire unbroken surface containing the patch after the area has
received primer and second coat.
4. Patch, repair, or rehang existing ceilings as necessary to provide an even-plane
surface of uniform appearance.
3.4 CLEANING
A. Clean areas and spaces where cutting and patching are performed. Completely remove
paint, mortar, oils, putty, and similar items. Thoroughly clean piping, conduit, and similar
features before applying paint or other finishing materials. Restore damaged pipe
covering to its original condition.
END OF SECTION 01045
City Hall Administration Remodel
Specification No.: 91290
01095 – REFERENCE STANDARDS AND DEFINITIONS Page 143
SECTION 01095 - REFERENCE STANDARDS AND DEFINITIONS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 DEFINITIONS
A. General: Basic contract definitions are included in the Conditions of the Contract.
B. "Indicated": The term "indicated" refers to graphic representations, notes, or schedules
on the Drawings, or other paragraphs or Schedules in the Specifications, and similar
requirements in the Contract Documents. Terms such as "shown," "noted," "scheduled,"
and "specified" are used to help the reader locate the reference. Location is not limited.
C. "Directed": Terms such as "directed," "requested," "authorized," "selected," "approved,"
"required," and "permitted" mean directed by the City, requested by the City, and similar
phrases.
D. "Approved": The term "approved," when used in conjunction with the City’s action on the
Contractor's submittals, applications, and requests, is limited to the City's duties and
responsibilities as stated in the Conditions of the Contract.
E. "Regulations": The term "regulations" includes laws, ordinances, statutes, and lawful
orders issued by authorities having jurisdiction, as well as rules, conventions, and
agreements within the construction industry that control performance of the Work.
F. "Furnish": The term "furnish" means supply and deliver to the Project Site, ready for
unloading, unpacking, assembly, installation, and similar operations.
G. "Install": The term "install" describes operations at the Project Site including the actual
unloading, unpacking, assembly, erecting, placing, anchoring, applying, working to
dimension, finishing, curing, protecting, cleaning, and similar operations.
H. "Provide": The term "provide" means to furnish and install, complete and ready for the
intended use.
I. "Installer": An installer is the Contractor or another entity engaged by the Contractor,
either as an employee, subcontractor, or contractor of lower tier, to perform a particular
construction activity, including installation, erection, application, or similar operations.
Installers are required to be experienced in the operations they are engaged to perform.
1. The term "experienced," when used with the term "installer," means having a
minimum of 5 previous projects similar in size and scope to this Project, being
familiar with the special requirements indicated, and having complied with
requirements of authorities having jurisdiction.
2. Trades: Using terms such as "carpentry" does not imply that certain construction
activities must be performed by accredited or unionized individuals of a
corresponding generic name, such as "carpenter." It also does not imply that
requirements specified apply exclusively to tradespersons of the corresponding
generic name.
City Hall Administration Remodel
Specification No.: 91290
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3. Assigning Specialists: Certain Sections of the Specifications require that specific
construction activities shall be performed by specialists who are recognized
experts in those operations. The specialists must be engaged for those
activities, and their assignments are requirements over which the Contractor has
no option. However, the ultimate responsibility for fulfilling contract requirements
remains with the Contractor.
a. This requirement shall not be interpreted to conflict with enforcing
building codes and similar regulations governing the Work. It is also not
intended to interfere with local trade-union jurisdictional settlements and
similar conventions.
J. "Project Site" is the space available to the Contractor for performing construction
activities, either exclusively or in conjunction, with others performing other work as part of
the Project. The extent of the Project Site is shown on the Drawings and may or may not
be identical with the description of the land on which the Project is to be built.
K. "Testing Agencies": A testing agency is an independent entity engaged to perform
specific inspections or tests, either at the Project Site or elsewhere, and to report on and,
if required, to interpret results of those inspections or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and Sections
based on CSI's 16-Division format and MasterFormat's numbering system.
B. Specification Content: This Specification uses certain conventions regarding the style of
language and the intended meaning of certain terms, words, and phrases when used in
particular situations or circumstances. These conventions are explained as follows:
1. Abbreviated Language: Language used in Specifications and other Contract
Documents is abbreviated. Words and meanings shall be interpreted as
appropriate. Words implied, but not stated, shall be interpolated as the sense
requires. Singular words will be interpreted as plural and plural words interpreted
as singular where applicable as the context of the Contract Documents indicates.
2. Streamlined Language: The Specifications generally use streamlined language.
Requirements expressed in the imperative mood are to be performed by the
Contractor. At certain locations in the Text, subjective language is used for
clarity to describe responsibilities that must be fulfilled indirectly by the Contractor
or by others when so noted.
a. The words "shall be" are implied where a colon (:) is used within a
sentence or phrase.
1.4 INDUSTRY STANDARDS
A. Applicability of Standards: Except where the Contract Documents include more stringent
requirements, applicable construction industry standards have the same force and effect
as if bound or copied directly into the Contract Documents to the extent referenced.
Such standards are made a part of the Contract Documents by reference.
B. Publication Dates: Comply with the standards in effect as of the date of the Contract
Documents, unless otherwise indicated.
C. Conflicting Requirements: Where compliance with 2 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 to the Architect before
proceeding for a decision on requirements that are different but apparently equal, and
where it is uncertain which requirement is the most stringent.
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1. Minimum Quantity or Quality Levels: The quantity or quality level shown or
specified shall be the minimum acceptable. The actual installation may comply
exactly with the minimum quantity or quality specified, or it may exceed the
minimum within reasonable limits. To comply with these requirements, indicated
numeric values are minimum or maximum, as appropriate, for the context of the
requirements. Refer uncertainties to the Architect for a decision before
proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is required to
be familiar with industry standards applicable to its construction activity. Copies of
applicable standards are not bound with the Contract Documents.
1. Where copies of standards are needed to perform a required construction
activity, the Contractor shall obtain copies directly from the publication source.
E. Abbreviations and Names: Trade association names and titles of general standards are
frequently abbreviated. Where such acronyms or abbreviations are used in the
Specifications or other Contract Documents, they mean the recognized name of the trade
association, standards-generating organization, authorities having jurisdiction, or other
entity applicable to the context of the text provision. Refer to Gale Research Co.'s
"Encyclopedia of Associations," available in most libraries.
F. Abbreviations and Names: Trade association names and titles of general standards are
frequently abbreviated. Acronyms or abbreviations, as referenced in the Contract
Documents, are defined to mean the associated names. Names and addresses are
subject to change and are believed, but are not assured, to be accurate and up-to-date
as of the date of the Contract Documents. Where acronyms and abbreviations are used
in the Specifications or other Contract Documents, they shall mean the recognized name
of the entities indicated in Gale Research’s “Encyclopedia of Associations” or in Columbia
Books’ “National Trade & Professional Associations of the U.S.”.
1.5 GOVERNING REGULATIONS AND AUTHORITIES
A. Copies of Regulations: Obtain copies of all applicable regulations and retain at the
Project Site to be available for reference by parties who have a reasonable need.
1.6 SUBMITTALS
A. Permits, Licenses, and Certificates: For the Owner'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 in conjunction with compliance with standards and regulations bearing upon
performance of the Work.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01095
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SECTION 01300 - SUBMITTALS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for submittals required
for performance of the Work, including the following:
1. Contractor's construction schedule.
2. Submittal schedule.
3. Shop Drawings. Metal Roofing shop drawings and specifications are a
deferred submittal provided by Contractor, see Meadow Park Roof
Replacement Scope of Work Report.
4. Product Data.
5. Samples.
6. Quality assurance submittals.
B. Administrative Submittals: Refer to other Division 1 Sections and other Contract
Documents for requirements for administrative submittals. Such submittals include, but
are not limited to, the following:
1. Applications for Payment.
2. Performance and payment bonds.
3. Insurance certificates.
4. List of subcontractors.
C. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 1 Section "Applications for Payment" specifies requirements for
submittal of the Schedule of Values.
2. Division 1 Section "Project Meetings" specifies requirements for submittal and
distribution of meeting and conference minutes.
3. Division 1 Section "Quality Control" specifies requirements for submittal of
inspection and test reports.
4. Division 1 Section "Contract Closeout" specifies requirements for submittal of
Project Record Documents and warranties at project closeout.
1.3 DEFINITIONS
A. Field samples are full-size physical examples erected on-site to illustrate finishes,
coatings, or finish materials. Field samples are used to establish the standard by which
the Work will be judged.
B. Mockups are full-size assemblies for review of construction, coordination, testing, or
operation; they are not Samples.
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1.4 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of
construction activities. Transmit each submittal sufficiently in advance of performance of
related construction activities to avoid delay.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals, and related activities that require sequential activity.
2. Coordinate transmittal of different types of submittals for related elements of the
Work so processing will not be delayed by the need to review submittals
concurrently for coordination.
a. The City reserves the right to withhold action on a submittal requiring
coordination with other submittals until all related submittals are
received.
3. Processing: To avoid the need to delay installation as a result of the time
required to process submittals, allow sufficient time for submittal review, including
time for resubmittals.
a. Allow 2 weeks for initial review. Allow additional time if the City must
delay processing to permit coordination with subsequent submittals.
b. If an intermediate submittal is necessary, process the same as the initial
submittal.
c. Allow 2 weeks for reprocessing each submittal.
d. No extension of Contract Time will be authorized because of failure to
transmit submittals to the City sufficiently in advance of the Work to
permit processing.
B. Submittal Preparation: Place a permanent label or title block on each submittal for
identification. Indicate the name of the entity that prepared each submittal on the label or
title block.
1. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or
beside the title block on Shop Drawings to record the Contractor's review and
approval markings and the action taken.
2. Include the following information on the label for processing and recording action
taken.
a. Project name.
b. Date.
c. Name and address of the Architect.
d. Name and address of the Contractor.
e. Name and address of the supplier.
f. Name of the manufacturer.
g. Number and title of appropriate Specification Section.
h. Drawing number and detail references, as appropriate.
C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling.
Transmit each submittal from the Contractor to the City using a transmittal form. The City
will not accept submittals received from sources other than the Contractor.
1. On the transmittal, record relevant information and requests for data. On the
form, or separate sheet, record deviations from Contract Document
requirements, including variations and limitations. Include Contractor's
certification that information complies with Contract Document requirements.
2. Transmittal Form: Use AIA Document G810.
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1.5 SUBMITTAL SCHEDULE
A. After development and acceptance of the Contractor's Construction Schedule, prepare a
complete schedule of submittals. Submit the schedule within 5 days of the date required
for submittal of the Contractor's Construction Schedule.
1. Coordinate Submittal Schedule with the list of subcontracts, Schedule of Values,
and the list of products as well as the Contractor's Construction Schedule.
2. Prepare the schedule in chronological order. Provide the following information:
a. Scheduled date for the first submittal.
b. Related Section number.
c. Submittal category (Shop Drawings, Product Data, or Samples).
d. Name of the subcontractor.
e. Description of the part of the Work covered.
f. Scheduled date for resubmittal.
g. Scheduled date for the City's final release or approval.
B. Distribution: Following response to the initial submittal, print and give copy to the City.
1. When revisions are made, distribute to the City
C. Schedule Updating: Revise the schedule after each meeting or activity where revisions
have been recognized or made. Issue the updated schedule concurrently with the report
of each meeting.
1.6 SHOP DRAWINGS
A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or
otherwise indicate deviations from the Contract Documents. Do not reproduce Contract
Documents or copy standard information as the basis of Shop Drawings. Standard
information prepared without specific reference to the Project is not a Shop Drawing.
B. Shop Drawings include fabrication and installation Drawings, setting diagrams,
schedules, patterns, templates and similar Drawings. Include the following information:
1. Dimensions.
2. Identification of products and materials included by sheet and detail number.
3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit
Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36
inches.
7. Initial Submittal: Submit one correctable, translucent, reproducible print and one
blue- or black-line print for the Architect's review. The Architect will return the
reproducible print.
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8. Final Submittal: Submit 3 blue- or black-line prints; submit 5 prints where
required for maintenance manuals. The City will retain 3 prints and return the
remainder.
a. One of the prints returned shall be marked up and maintained as a
"Record Document."
9. Do not use Shop Drawings without an appropriate final stamp indicating action
taken.
1.7 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of construction or system.
Product Data includes printed information, such as manufacturer's installation
instructions, catalog cuts, standard color charts, roughing-in diagrams and templates,
standard wiring diagrams, and performance curves.
1. Mark each copy to show applicable choices and options. Where printed Product
Data includes information on several products that are not required, mark copies
to indicate the applicable information. Include the following information:
a. Manufacturer's printed recommendations.
b. Compliance with trade association standards.
c. Compliance with recognized testing agency standards.
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
f. Notation of coordination requirements.
2. Do not submit Product Data until compliance with requirements of the Contract
Documents has been confirmed.
3. Submittals: Submit 5 copies of each required submittal; submit 5 copies where
required for maintenance manuals. The City will retain 3 and will return the other
marked with action taken and corrections or modifications required.
a. Unless noncompliance with Contract Document provisions is observed,
the submittal may serve as the final submittal.
4. Distribution: Furnish copies of final submittal to installers, subcontractors,
suppliers, manufacturers, fabricators, and others required for performance of
construction activities. Show distribution on transmittal forms.
a. Do not proceed with installation until a copy of Product Data is in the
Installer's possession.
b. Do not permit use of unmarked copies of Product Data in connection with
construction.
1.8 SAMPLES
A. Submit full-size, fully fabricated Samples cured and finished as specified and physically
identical with the material or product proposed. Samples include partial sections of
manufactured or fabricated components, cuts or containers of materials, color range sets,
and swatches showing color, texture, and pattern.
1. Mount or display Samples in the manner to facilitate review of qualities indicated.
Prepare Samples to match the Architect's sample. Include the following:
a. Specification Section number and reference.
b. Generic description of the Sample.
c. Sample source.
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d. Product name or name of the manufacturer.
e. Compliance with recognized standards.
f. Availability and delivery time.
2. Submit Samples for review of size, kind, color, pattern, and texture. Submit
Samples for a final check of these characteristics with other elements and a
comparison of these characteristics between the final submittal and the actual
component as delivered and installed.
a. Where variation in color, pattern, texture, or other characteristic is
inherent in the material or product represented, submit at least 3 multiple
units that show approximate limits of the variations.
b. Refer to other Specification Sections for requirements for Samples that
illustrate workmanship, fabrication techniques, details of assembly,
connections, operation, and similar construction characteristics.
c. Refer to other Sections for Samples to be returned to the Contractor for
incorporation in the Work. Such Samples must be undamaged at time of
use. On the transmittal, indicate special requests regarding disposition
of Sample submittals.
d. Samples not incorporated into the Work, or otherwise designated as the
Owner's property, are the property of the Contractor and shall be
removed from the site prior to Substantial Completion.
3. Submittals: Except for Samples illustrating assembly details, workmanship,
fabrication techniques, connections, operation, and similar characteristics, submit
5 sets. The City will return one set marked with the action taken.
4. Maintain sets of Samples, as returned, at the Project Site, for quality
comparisons throughout the course of construction.
a. Unless noncompliance with Contract Document provisions is observed,
the submittal may serve as the final submittal.
b. Sample sets may be used to obtain final acceptance of the construction
associated with each set.
B. Distribution of Samples: Prepare and distribute additional sets to subcontractors,
manufacturers, fabricators, suppliers, installers, and others as required for performance
of the Work. Show distribution on transmittal forms.
1. Field samples are full-size examples erected on-site to illustrate finishes,
coatings, or finish materials and to establish the Project standard.
a. Comply with submittal requirements to the fullest extent possible.
Process transmittal forms to provide a record of activity.
1.9 QUALITY ASSURANCE SUBMITTALS
A. Submit quality-control submittals, including design data, certifications, manufacturer's
instructions, manufacturer's field reports, and other quality-control submittals as required
under other Sections of the Specifications.
B. Certifications: Where other Sections of the Specifications require certification that a
product, material, or installation complies with specified requirements, submit a notarized
certification from the manufacturer certifying compliance with specified requirements.
1. Signature: Certification shall be signed by an officer of the manufacturer or other
individual authorized to sign documents on behalf of the company.
C. Inspection and Test Reports: Requirements for submittal of inspection and test reports
from independent testing agencies are specified in Division 1 Section "Quality Control."
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1.10 ARCHITECT'S ACTION
A. Except for submittals for the record or information, where action and return is required,
the Architect will review each submittal, mark to indicate action taken, and return
promptly.
1. Compliance with specified characteristics is the Contractor's responsibility.
B. Action Stamp: The Architect will stamp each submittal with a uniform, action stamp. The
Architect will mark the stamp appropriately to indicate the action taken, as follows:
1. NO EXCEPTIONS TAKEN: If the review indicates that the material, equipment,
or work method is in conformance with the design concept and complies with the
Contract Documents, the copy will be marked as “No exceptions taken”. In this
event, the Contractor may begin to implement the work method or incorporate
the material or equipment covered by the submittal.
2. MAKE CORRECTIONS NOTED: If the review indicates limited corrections are
required, the copy will be marked “Make corrections noted”. The Contractor may
begin implementing the work method or incorporate the material or equipment
covered by the submittal in accordance with the noted corrections. Where
submittal information will be incorporated in Operation and Maintenance data, a
corrected copy shall be provided.
3. REVISE AND RESUBMIT: If the review reveals that the submittal is insufficient
or contains incorrect data, copies will be marked “Revise and resubmit”. Except
at his own risk, the Contractor shall not undertake work covered by this submittal
until it has been revised, resubmitted and returned marked either “No exceptions
taken” or “Make corrections noted”.
4. REJECTED: If the review indicates that the material, equipment, or working
drawing is not in conformance with the design concept or in compliance with the
Contract Documents, the copy will be marked “Rejected”. Except at his own risk,
the Contractor shall not undertake work covered by such submittals until a new
submittal is made and returned marked either “No exceptions taken” or “Make
corrections noted”.
5. Do not use, or allow others to use, submittals marked "Not Approved, Revise and
Resubmit" at the Project Site or elsewhere where Work is in progress.
6. Other Action: Where a submittal is for information or record purposes or special
processing or other activity, the Architect will return the submittal marked "Action
Not Required."
C. Unsolicited Submittals: The Architect will return unsolicited submittals to the sender
without action.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01300
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SECTION 01400 - QUALITY CONTROL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality-control
services.
B. Quality-control services include inspections, tests, and related actions, including reports
performed by Contractor, by independent agencies, and by governing authorities. They
do not include contract enforcement activities performed by Architect.
C. Inspection and testing services are required to verify compliance with requirements
specified or indicated. These services do not relieve Contractor of responsibility for
compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation procedures,
not production of standard products.
1. Specific quality-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.
2. Specified inspections, tests, and related actions do not limit Contractor's quality-
control procedures that facilitate compliance with Contract Document
requirements.
3. Requirements for Contractor to provide quality-control services required by
Architect, Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 1 Section "Cutting and Patching" specifies requirements for repair and
restoration of construction disturbed by inspection and testing activities.
2. Division 1 Section "Submittals" specifies requirements for development of a
schedule of required tests and inspections.
1.3 RESPONSIBILITIES (Refer to General Conditions 6.7 for additional information)
A. Owner Responsibilities: Unless otherwise indicated as the responsibility of another
identified entity, the Owner shall provide inspections, tests, and other quality-control
services specified elsewhere in the Contract Documents and required by authorities
having jurisdiction.
1. Where individual Sections specifically indicate that certain inspections, tests, and
other quality-control services are the Contractor's responsibility, the Contractor
shall employ and pay a qualified independent testing agency to perform quality-
control services. Costs for these services are included in the Contract Sum.
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2. Where individual Sections specifically indicate that certain inspections, tests, and
other quality-control services are the Owner's responsibility, the Owner will
employ and pay a qualified independent testing agency to perform those
services.
B. Retesting: The Contractor is responsible for retesting where results of inspections, tests,
or other quality-control services prove unsatisfactory and indicate noncompliance with
Contract Document requirements, regardless of whether the original test was
Contractor's responsibility.
1. The cost of retesting construction, revised or replaced by the Contractor, is the
Contractor's responsibility where required tests performed on original
construction indicated noncompliance with Contract Document requirements.
C. Associated Services: Cooperate with agencies performing required inspections, tests,
and similar services, and provide reasonable auxiliary services as requested. Notify the
agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary
services required include, but are not limited to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections and tests.
3. Take adequate quantities of representative samples of materials that require
testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for materials
mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the Project
Site.
D. Duties of the Testing Agency: The independent agency engaged to perform inspections,
sampling, and testing of materials and construction specified in individual Sections shall
cooperate with the City and the Contractor in performance of the agency's duties. The
testing agency shall provide qualified personnel to perform required inspections and
tests.
1. The agency shall notify the City of San Luis Obispo and the Contractor promptly
of irregularities or deficiencies observed in the Work during performance of its
services.
2. The agency is not authorized to release, revoke, alter, or enlarge requirements of
the Contract Documents or approve or accept any portion of the Work.
3. The agency shall not perform any duties of the Contractor.
E. Coordination: Coordinate the sequence of activities to accommodate required services
with a minimum of delay. Coordinate activities to avoid the necessity of removing and
replacing construction to accommodate inspections and tests.
1. The Contractor is responsible for scheduling times for inspections, tests, taking
samples, and similar activities.
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1.4 SUBMITTALS
A. Unless the Contractor is responsible for this service, the independent testing agency shall
submit a certified written report, in duplicate, of each inspection, test, or similar service to
the City. If the Contractor is responsible for the service, submit a certified written report,
in duplicate, of each inspection, test, or similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing authority,
when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service include,
but are not limited to, the following:
a. Date of issue.
b. Project title and number.
c. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
i. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested Work
complies with Contract Document requirements.
l. Name and signature of laboratory inspector.
m. Recommendations on retesting.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service agencies,
including independent testing laboratories, that are prequalified as complying with the
American Council of Independent Laboratories' "Recommended Requirements for
Independent Laboratory Qualification" and that specialize in the types of inspections and
tests to be performed.
1. Each independent inspection and testing agency engaged on the Project shall be
authorized by authorities having jurisdiction to operate in the state where the
Project is located.
PART 2 - PRODUCTS (Not Applicable)
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PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar services,
repair damaged construction and restore substrates and finishes. Comply with Contract
Document requirements for Division 1 Section "Cutting and Patching."
B. Protect construction exposed by or for quality-control service activities, and protect
repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment of
responsibility for inspection, testing, or similar services.
END OF SECTION 01400
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SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes requirements for construction facilities and temporary controls,
including temporary utilities, support facilities, and security and protection.
B. Temporary utilities include, but are not limited to, the following:
1. Sanitary facilities, including drinking water.
C. Support facilities include, but are not limited to, the following:
1. Waste disposal services.
2. Construction aids and miscellaneous services and facilities.
D. Security and protection facilities include, but are not limited to, the following:
1. Barricades, warning signs, and lights.
2. Environmental protection.
1.3 SUBMITTALS
A. Temporary Utilities: Submit reports of tests, inspections, meter readings, and similar
procedures performed on temporary utilities.
B. Implementation and Termination Schedule: Within 5 days of the date established for
commencement of the Work, submit a schedule indicating implementation and
termination of each temporary utility.
1.4 QUALITY ASSURANCE
A. Regulations: Comply with industry standards and applicable laws and regulations of
authorities having jurisdiction including, but not limited to, the following:
1. Building code requirements.
2. Health and safety regulations.
3. Utility company regulations.
4. Police, fire department, and rescue squad rules.
5. Environmental protection regulations.
B. Standards: Comply with NFPA 241 "Standard for Safeguarding Construction, Alterations,
and Demolition Operations," ANSI A10 Series standards for "Safety Requirements for
Construction and Demolition," and NECA Electrical Design Library "Temporary Electrical
Facilities."
1. Electrical Service: Comply with NEMA, NECA, and UL standards and
regulations for temporary electric service. Install service in compliance with
NFPA 70 "National Electric Code."
C. Inspections: Arrange for authorities having jurisdiction to inspect and test each
temporary utility before use. Obtain required certifications and permits.
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1.5 PROJECT CONDITIONS
A. Temporary Utilities: Prepare a schedule indicating dates for implementation and
termination of each temporary utility. At the earliest feasible time, when acceptable to the
Owner, change over from use of temporary service to use of permanent service.
B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance.
Operate in a safe and efficient manner. Relocate temporary services and facilities as the
Work progresses. Do not overload facilities or permit them to interfere with progress.
Take necessary fire-prevention measures. Do not allow hazardous, dangerous, or
unsanitary conditions, or public nuisances to develop or persist on-site.
PART 2 - PRODUCTS
2.1 MATERIALS
A. General: Provide new materials. If acceptable to the City, the Contractor may use
undamaged, previously used materials in serviceable condition. Provide materials
suitable for use intended.
B. Lumber and Plywood: Comply with requirements in Division 6 Section "Rough
Carpentry."
1. For job-built temporary offices, shops, and sheds within the construction area,
provide UL-labeled, fire-treated lumber and plywood for framing, sheathing, and
siding.
2. For signs and directory boards, provide exterior-type, Grade B-B high-density
concrete form overlay plywood of sizes and thicknesses indicated.
3. For fences and vision barriers, provide minimum 3/8-inch- (9.5-mm-) thick
exterior plywood.
4. For safety barriers, sidewalk bridges, and similar uses, provide minimum 5/8-
inch- (16-mm-) thick exterior plywood.
C. Gypsum Wallboard: Provide gypsum wallboard on interior walls of temporary offices.
D. Roofing Materials: Provide UL Class A standard-weight asphalt shingles or UL Class C
mineral-surfaced roll roofing on roofs of job-built temporary offices, shops, and sheds.
E. Paint: Comply with requirements of Division 9 Section "Painting."
1. For job-built temporary offices, shops, sheds, fences, and other exposed lumber
and plywood, provide exterior-grade acrylic-latex emulsion over exterior primer.
2. For sign panels and applying graphics, provide exterior-grade alkyd gloss enamel
over exterior primer.
3. For interior walls of temporary offices, provide 2 coats interior latex-flat wall paint.
F. Tarpaulins: Provide waterproof, fire-resistant, UL-labeled tarpaulins with flame-spread
rating of 15 or less. For temporary enclosures, provide translucent, nylon-reinforced,
laminated polyethylene or polyvinyl chloride, fire-retardant tarpaulins.
G. Water: Provide potable water approved by local health authorities.
H. Open-Mesh Fencing: Provide 0.120-inch (3-mm) thick, galvanized 2-inch (50-mm) chain
link fabric fencing 6 feet (2 m) high and galvanized steel pipe posts, 1-1/2 inches (38 mm)
I.D. for line posts and 2-1/2 inches (64 mm) I.D. for corner posts.
City Hall Administration Remodel
Specification No.: 91290
01500 – CONSTRUCTION FACILITIES & TEMPORARY CONTROLS Page 158
2.2 EQUIPMENT
A. General: Provide new equipment. If acceptable to the City, the Contractor may use
undamaged, previously used equipment in serviceable condition. Provide equipment
suitable for use intended.
B. Water Hoses: Provide 3/4-inch (19-mm), heavy-duty, abrasion-resistant, flexible rubber
hoses 100 feet (30 m) long, with pressure rating greater than the maximum pressure of
the water distribution system. Provide adjustable shutoff nozzles at hose discharge.
C. Electrical Outlets: Provide properly configured, NEMA-polarized outlets to prevent
insertion of 110- to 120-Volt plugs into higher voltage outlets. Provide receptacle outlets
equipped with ground-fault circuit interrupters, reset button, and pilot light for connection
of power tools and equipment.
D. Electrical Power Cords: Provide grounded extension cords. Use hard-service cords
where exposed to abrasion and traffic. Provide waterproof connectors to connect
separate lengths of electric cords if single lengths will not reach areas where construction
activities are in progress. Do not exceed safe length-voltage ratio.
E. Lamps and Light Fixtures: Provide general service CFL or LED lamps of wattage
required for adequate illumination. Provide guard cages or tempered-glass enclosures
where exposed to breakage. Provide exterior fixtures where exposed to moisture.
F. Heating Units: Provide temporary heating units that have been tested and labeled by UL,
FM, or another recognized trade association related to the type of fuel being consumed.
G. Temporary Offices: Provide prefabricated or mobile units or similar job-built construction
with lockable entrances, operable windows, and serviceable finishes. Provide heated
and air-conditioned units on foundations adequate for normal loading.
H. Temporary Toilet Units: Provide self-contained, single-occupant toilet units of the
chemical, aerated recirculation, or combustion type. Provide units properly vented and
fully enclosed with a glass-fiber-reinforced polyester shell or similar nonabsorbent
material.
I. Fire Extinguishers: Provide hand-carried, portable, UL-rated, Class A fire extinguishers
for temporary offices and similar spaces. In other locations, provide hand-carried,
portable, UL-rated, Class ABC, dry-chemical extinguishers or a combination of
extinguishers of NFPA-recommended classes for the exposures.
1. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, and
size required by location and class of fire exposure.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Use qualified personnel for installation of temporary facilities. Locate facilities where they
will serve the Project adequately and result in minimum interference with performance of
the Work. Relocate and modify facilities as required.
B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as
required. Do not remove until facilities are no longer needed or are replaced by
authorized use of completed permanent facilities.
3.2 SUPPORT FACILITIES INSTALLATION
A. Locate field offices, storage sheds, and other temporary construction and support
facilities for easy access.
City Hall Administration Remodel
Specification No.: 91290
01500 – CONSTRUCTION FACILITIES & TEMPORARY CONTROLS Page 159
1. Maintain support facilities until near Substantial Completion. Remove prior to
Substantial Completion. Personnel remaining after Substantial Completion will
be permitted to use permanent facilities, under conditions acceptable to the
Owner.
B. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere
daily. Comply with requirements of NFPA 241 for removal of combustible waste material
and debris. Enforce requirements strictly. Do not hold materials more than 7 days during
normal weather or 3 days when the temperature is expected to rise above 80 deg F (27
deg C). Handle hazardous, dangerous, or unsanitary waste materials separately from
other waste by containerizing properly. Dispose of material lawfully.
3.3 SECURITY AND PROTECTION FACILITIES INSTALLATION
A. Do not change over from use of temporary security and protection facilities to permanent
facilities until Substantial Completion, or longer, as requested by the City.
B. Barricades, Warning Signs, and Lights: Comply with standards and code requirements
for erection of structurally adequate barricades. Paint with appropriate colors, graphics,
and warning signs to inform personnel and the public of the hazard being protected
against. Where appropriate and needed, provide lighting, including flashing red or amber
lights.
C. Enclosure Fence: Before excavation begins, install an enclosure fence with lockable
entrance gates. Locate where indicated, or enclose the entire site or the portion
determined sufficient to accommodate construction operations. Install in a manner that
will prevent people, dogs, and other animals from easily entering the site, except by the
entrance gates.
1. Provide open-mesh, chain link fencing with posts set in a compacted mixture of
gravel and earth. (Refer to Section 01010,1.3 for additional information)
D. Security Enclosure and Lockup: Install substantial temporary enclosure of partially
completed areas of construction. Provide locking entrances to prevent unauthorized
entrance, vandalism, theft, and similar violations of security.
1. Storage: Where materials and equipment must be stored, and are of value or
attractive for theft, provide a secure lockup. Enforce discipline in connection with
the installation and release of material to minimize the opportunity for theft and
vandalism.
E. Environmental Protection: Provide protection, operate temporary facilities, and conduct
construction in ways and by methods that comply with environmental regulations, and
minimize the possibility that air, waterways, and subsoil might be contaminated or
polluted or that other undesirable effects might result. Avoid use of tools and equipment
that produce harmful noise. Restrict use of noise-making tools and equipment to hours
that will minimize complaints from persons or firms near the site.
City Hall Administration Remodel
Specification No.: 91290
01500 – CONSTRUCTION FACILITIES & TEMPORARY CONTROLS Page 160
3.4 OPERATION, TERMINATION, AND REMOVAL
A. Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of
temporary facilities to essential and intended uses to minimize waste and abuse.
B. Maintenance: Maintain facilities in good operating condition until removal.
1. 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.
2. Protection: Prevent water-filled piping from freezing. Maintain markers for
underground lines. Protect from damage during excavation operations.
C. Termination and Removal: Unless the City requests that it be maintained longer, remove
each temporary facility when the need has ended, when 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
the temporary facility. Repair damaged Work, clean exposed surfaces, and replace
construction that cannot be satisfactorily repaired.
1. Materials and facilities that constitute temporary facilities are the Contractor's
property.
2. Remove temporary paving not intended for or acceptable for integration into
permanent paving. Where the area is intended for landscape development,
remove soil and aggregate fill that do not comply with requirements for fill or
subsoil in the area. 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 the temporary entrances, as required by the governing authority.
3. At Substantial Completion, clean and renovate permanent facilities used during
the construction period including, but not limited to, the following:
a. Replace air filters and clean inside of ductwork and housings.
b. Replace significantly worn parts and parts subject to unusual operating
conditions.
c. Replace lamps burned out or noticeably dimmed by hours of use.
END OF SECTION 01500
SPECIFICATIONS
CITY OF SAN LUIS OBISPO
CITY HALL ADMINISTRATION REMODEL
SPECIFICATION NO. 91290
Issue Date: ___________________
_____________________________________________________________________________
Owner: Architect:
City of San Luis Obispo
Public Works Department Fraser Seiple Architects
919 Palm Street 971 Osos Street
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
Phone (805) 781-7200 Phone (805) 544-6161
_____________________________________________________________________________
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 02 41 00 PAGE 1
DEMOLITION
SECTION 02 41 00
DEMOLITION
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Disassembly and removal of designated walls, doors, windows, finishes, and
related components of existing construction.
B. Disconnection and termination of electrical, mechanical, or plumbing installations
within removed assemblies.
C. Removal of debris from the area of Work and the job site.
1.02 RELATED WORK
A. Section 01 13 00 - Special Project Procedures
B. Section 01 50 00 - Temporary Facilities and Controls
1.03 COORDINATION
A. Contractors performing demolition procedures shall be responsible for
coordination with Owner's facility management staff for scheduling of work and
temporary interruption of building utilities.
PART 2 - PRODUCTS
(Not Used)
PART 3 - EXECUTION
3.01 PREPARATION
A. Erect and maintain temporary barricades under provisions of Section 01 50 00
and as required to keep members of the public at a safe distance from demolition
operations.
B. Protect existing items which are not indicated to be demolished.
C. Disconnect, remove, and cap terminated utility services within demolition areas in
compliance with utility company standards, requirements of the local Authority
with Jurisdiction, and any special requirements of the Owner.
3.02 EXECUTION
A. Demolish in an orderly and careful manner. Identify and protect existing
improvements to remain.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 02 41 00 PAGE 2
DEMOLITION
B. Immediately notify Architect or Owner's Representative of contaminated,
hazardous, or potentially dangerous materials encountered; proceed with
removal and disposal as directed.
C. Except for where noted otherwise, immediately remove demolished materials
from site.
D. Upon completion of demolition work, leave areas surrounding work area,
including public streets, in a clean condition.
E. Control the spread of dust and odors during site demolition operations by
installing plastic sheathing or other barriers; refer to additional dust control
provisions in General Conditions.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 06 41 00 PAGE 1
CASEWORK
SECTION 06 41 00
CASEWORK
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Custom fabricated reception cabinet and counter.
B. Solid surface countertop.
1.02 RELATED WORK
A. Section 09 90 00 - Painting.
B. Section 10 61 00 - Demountable Partitions.
C. Division 26 - Electrical
1.03 REFERENCES
A. FS MM-L-736 - Lumber, Hardwood.
B. FS MMM-A-130 - Adhesive, Contact.
C. PS 1 - Construction and Industrial Plywood.
D. PS 20 - American Softwood Lumber Standard.
E. PS 51 - Hardwood and Decorative Plywood.
F. PS 58 - Basic Hardboard.
G. NEMA LD3 - High Pressure Decorative Laminates, Solid Plastic Sheet.
H. ASTM D638-08 - Tensile Properties of Solid Plastic Sheet.
I. ISSDA-2 - Classification and Standard, Solid Surfacing Material.
J. Woodwork Institute - Architectural Woodwork Standards, current edition.
1.04 QUALITY ASSURANCE
A. Manufacture all casework in accordance with the standards in the latest edition of the
"Architectural Woodwork Standards" of the Woodwork Institute, in “Custom” grade or
better.
B. A Woodwork Institute Compliance Certificate is not required. However, any casework
which falls below the specified Woodwork Institute grade requirements shall be
replaced or modified to satisfaction of, and at no additional cost to, the Owner.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 06 41 00 PAGE 2
CASEWORK
1.05 SUBMITTALS
A. Submit shop drawings and product data under provisions of Section 01 33 00.
B. Shop drawings shall include materials, component profiles, fastening methods,
assembly methods, joint details, finishes, accessories and hardware locations, to a
minimum scale of 3/8 inch to 1 foot.
C. Submit minimum 2" x 2" samples of available colors and patterns for plastic laminate
and plastic solid surface materials.
D. Submit samples under provisions of Section 01 33 00.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver products to site under provisions of Section 01 60 00.
PART 2 - PRODUCTS
2.01 GRADES
A. Provide plastic covered wood casework in accordance with Woodwork Institute
"Architectural Woodwork Standards", latest edition, for Custom Grade, except as
otherwise specified below.
1. Construction Style: Style A Frameless, unless shown otherwise.
2. Construction Type: Type II, single length sections to fit access openings.
B. Seismic Force Construction: Construct all products using construction methods tested
to meet the seismic resistance requirements of the California Building Code (Title 24
CCR, Part 2), as described by the Woodwork Institute.
2.02 MATERIALS
A. Exposed Cabinet Frames, Exposed and Semi-exposed Door and Drawer Faces,
Shelves: High pressure laminate over plywood core.
B. Door and Drawer Front Style: Flush overlay. All door and drawer fronts to be
Woodwork Institute Type A, unless otherwise directed.
C. Drawer Boxes: Hardwood veneered plywood, rabbet jointed.
D. Exposed Cabinet Ends, Miscellaneous Surfaces: High pressure laminate over
plywood core.
E. Cabinet Bottoms and Shelves: Low-pressure laminate over plywood core.
F. Countertops: Plastic solid surfacing material.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 06 41 00 PAGE 3
CASEWORK
G. High Pressure Laminate: Nominal 0.05 inch general purpose grade decorative
laminate by Wilsonart or equivalent, suede finish unless otherwise noted, meeting
reference standard NEMA LD3.
F. Low Pressure Laminate: Melanine or polyester resin impregnated paper decorative
laminate meeting reference standard NEMA LD3; solid color Melamine or equivalent
for shelf and interior surfaces.
G. Solid Surfacing: Solid 3/4 inch thick sheet of homogenous filled resin meeting
reference standard ISSDA-2, Corian or equivalent.
2.03 HARDWARE
A. Finish Hardware: Provide finish hardware for all casework included in the work of this
Section. All hardware shall be installed by the casework fabricator. Alternate
products to those listed below may be approved as equivalent on the basis of
submittals made under provisions of Section 01 30 00.
B. Drawer Slides: KV Series 1275 or equivalent, full extension, 75 lb. rated.
C. Adjustable Shelving Supports: Metal supports for drilled holes, 1/4" diameter,
approximately 3/8" insertion, by Amerock.
D. Cabinet Pulls: Amerock or equivalent metal 4 inch wire pull, color as selected by
Architect.
E. Other Finish Hardware: Provide all cabinet hardware as shown in the Drawings and
as necessary for a complete and functional installation, whether or not specifically
shown. Unless otherwise specified, hardware finish shall be brushed chrome or
brushed stainless steel.
2.04 ACCESSORIES
A. Contact Adhesives for Solid Surface and Laminate: As specifically recommended or
approved by the product manufacturer, and meeting current California VOC
limitations.
B. Fasteners: Size and type to suit application.
C. Bolts, Nuts, Washers, Lags, Pins, and Screws: Of size and type to suit application;
finish to minimize contrast with adjacent finished surface in exposed locations.
D. Lumber for shimming, blocking and bracing: Softwood lumber of Douglas Fir, coastal
species, or equivalent.
E. Wood Filler: Solvent base, tinted to match surface finish color.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 06 41 00 PAGE 4
CASEWORK
2.05 FABRICATION
A. Shop assemble casework for delivery to site in units easily handled and to permit
passage through building openings.
B. Fit shelves and miscellaneous exposed edges with edging to eliminate exposed core
material. Use full length pieces only.
C. Door and drawer fronts shall be a full 3/4 inch thick.
D. When necessary to cut and fit on site, provide materials with ample allowance for
cutting. Provide trim for scribing and site cutting as approved by the Architect on the
basis of shop drawings and samples.
E. Fabricate solid plastic countertops with radiused square edge; make corners and
joints invisible and slightly bevel arrises.
F. Apply laminate backing sheet to reverse side of plastic laminate finished surfaces.
Backing sheet may be any Woodwork Institute specified product for Custom Grade
cabinets.
G. Assemble cases using approved Woodwork Institute jointing methods tested to meet
the seismic force requirements of the California Code of Regulations Title 24, as
referenced in Section 15 of the Woodwork Institute Manual of Millwork.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify adequacy of backing and support framing.
3.02 INSTALLATION
A. Set and secure casework in place rigid, plumb, and level, in accordance with
Woodwork Institute “Custom” or higher quality standards.
B. Use concealed attachments for wall mounted components.
C. Use Woodwork Institute recommended concealed joint fasteners to align and secure
adjoining cabinet units and counter tops
D. Carefully scribe casework which is against other building materials, leaving gaps of
1/32 inch maximum. Do not use additional overlay trim for this purpose.
E. Secure cabinet and counter bases to floor using approved anchorages shown and
detailed in approved shop drawings.
F. Use scribe moldings and closure trims only as approved in advance by the Architect.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 06 41 00 PAGE 5
CASEWORK
G. Apply appropriate sealant at casework and countertop joints subject to moisture and
at joints between casework and other materials, wiping joints to achieve a minimal
exposed line of sealant.
3.03 ADJUSTING AND CLEANING
A. Adjust doors, drawers, hardware, fixtures and other moving or operating parts to
function smoothly and correctly. Doors and drawers shall either remain in a neutral
position when opened or self close.
B. Clean casework, counters, shelves, hardware, fittings and fixtures and adjacent
surfaces.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 10 00 PAGE 1
METAL DOOR AND WINDOW FRAMES
SECTION 08 10 00
METAL DOOR AND WINDOW FRAMES
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Non-rated interior steel door frame.
B. Non-rated, interior prefinished aluminumand door and window frames.
1.02 RELATED WORK
A. Section 08 20 00 – Wood Doors.
B. Section 08 70 00 – Door Hardware.
C. Section 08 80 00 – Glazing.
1.03 REFERENCES
A. Steel Door Institute Standard SDI-100 - Standard Steel Doors and Frames; SDI 105 -
Recommended Erection Instructions for Steel Frames.
1.04 SUBMITTALS
A. Submit shop drawings and product data under provisions of Section 01 33 00.
B. Indicate frame elevations and configurations, anchor types and spacings, location of
cutouts for hardware, reinforcement, and finishing options.
1.05 DELIVERY, STORAGE AND HANDLING
A. Protect products under provisions of Section 01 60 00.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS – STEEL DOORS AND FRAMES
A. Steelcraft.
B. Republic.
C. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 STEEL FRAMES (see Door Schedule and Frame Types)
A. Interior Frame for Wood Door
1. Design: Steelcraft DW Series mitered frame.
2. Metal Thickness: 18 gage.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 10 00 PAGE 2
METAL DOOR AND WINDOW FRAMES
3. Face Dimension: 2 inches.
4. Labeling: not required.
5. Anchoring: existing-opening mounts, pipe and plate or equivalent.
6. Finish: primed finish for field painting.
2.03 ALUMINUM FRAMES (see Door Schedule and Frame Types)
A. Interior Frame for Wood Doors and Sidelites
1. Design: Western Integrated Materials Series 300 Prefinished Aluminum Frame.
2. Profile: rectangular.
3. Face Dimension: 2 inches.
4. Labeling: not required.
5. Anchoring: framing anchors.
6. Finish: prefinished in standard color as selected by Architect.
2.04 PREPARATION
A. Prepare frames to receive door hardware as approved through the submittal process,
providing all necessary reinforcement or backing.
B. Confirm that approved locksets/latchsets will fit within stiles of doors with proposed
backset dimension. Bring any conflicts to the attention of the Architect for resolution
prior to door preparation.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install metal door and window frames in accordance with manufacturer's instructions
and referenced standards.
B. Anchor frames to openings with type and amount of fasteners/hardware
recommended by manufacturer, securing frames rigidly, plumb and square.
3.02 TOLERANCES
A. Maximum Diagonal Distortion: 1/8 inch measured with straight edge, corner to corner.
3.03 CLEANING
A. After installation remove any temporary labels or packing materials and clean
frames,using only cleaning materials recommended by the manufacturer.
B. Replace any metal frames which are, in the opinion of the Owner, unacceptably
dented, scraped, or otherwise damaged, at no additional cost to the Owner.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 20 00 PAGE 1
WOOD DOORS
SECTION 08 20 00
WOOD DOORS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Non-rated solid core wood doors.
1.02 RELATED WORK
A. Section 08 10 00 - Metal Door and Sidelite Frames
B. Section 08 70 00 - Door Hardware
C. Section 08 80 00 - Glazing
D. Section 09 90 00 - Painting
1.03 REFERENCES
A. ANSI/NWMA I.S.1 - Industry Standard For Wood Flush Doors (Includes Standards
I.S.1.1 through I.I.S.1.7).
B. AWI - Quality Standards of Architectural Woodwork Institute, 8th edition.
C. ANSI A135.4 - Basic Hardboard.
D. ASTM E90 - Measurement of Airborne Sound Transmission Loss of Building
Partitions.
1.04 PERFORMANCE
A. Acoustic Rating for Doors: ASTM E90, minimum STC 32.
1.05 QUALITY ASSURANCE
A. Conform to requirements of AWI Quality Standard Section 1300 and 1400 "Custom
Grade I or II."
1.06 SUBMITTALS
A. Submit shop drawings, product data and manufacturer's installation instructions under
provisions of Section 01 33 00.
B. Indicate door elevations, construction, and glass stop details.
1.05 DELIVERY, STORAGE, AND HANDLING
A. Protect products under provisions of Section 01 60 00, and in accordance with AWI
and ANSI/AWMA requirements.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 20 00 PAGE 2
WOOD DOORS
B. Protect doors with resilient packaging, sealed with plastic. Break seal on site to
permit ventilation.
1.06 WARRANTY
A. Provide five year manufacturer's warranty under provisions of Section 01 70 00.
B. Warranty shall address materials and workmanship, including warping, delamination
and related defects.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Oregon Door.
B. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 DOORS
A. Flush Interior Paint Grade Doors, Solid Core, Non-Rated
1. Manufacturer/Model: Oregon Door Particle Board Core, NAUF 5-ply.
2. Rating: non-rated
3. Thickness: 1-3/4”.
4. Core Construction: Particle board.
5. Adhesives: Type I waterproof bond.
6. Faces: Medium Density Overlay (MDO), paint grade.
7. View Window (where occurs): WVF-7 square wood stopped, tempered glass per
Section 08 80 00.
8. Finish: Primed and painted per Section 09 90 00.
9. Reference Standard: Woodwork Institute Section 12.
2.03 FABRICATION
A. Fabricate doors in accordance with WI/AWI Architectural Woodwork Standards.
B. Provide flush doors with minimum 1/2 inch thick solid wood edge without holidays or
rough grain.
C. Premachine doors for finish hardware.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Install doors in accordance with manufacturer's instructions.
B. Machine cut relief for hinges and closers and coring for locksets and cylinders.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 20 00 PAGE 3
WOOD DOORS
C. Trim door width from lock edge only, to a maximum of 3/16 inch.
D. Trim door height by cutting equally on top and bottom edges to a maximum of 3/4
inch.
E. Pilot drill screw and bolt holes.
F. Prepare doors to receive finish hardware in accordance with AWI requirements.
G. Conform to AWI and UBC Standard 43-2 requirements for fit tolerances.
3.02 INSTALLATION TOLERANCES
A. Maximum Diagonal Distortion: 1/8 inch measured with straight edge, corner to corner.
3.03 ADJUSTING AND CLEANING
A. Adjust for smooth and balanced door movement.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 42 00 PAGE 1
GLASS ENTRY SYSTEM
SECTION 08 40 00
GLASS ENTRY SYSTEM
PART 1 - GENERAL
1.01 WORK INCLUDES
A. All glass entry system.
B. Entry system hardware.
1.02 RELATED WORK
A. Section 08 10 00 - Metal Door Frames
B. Section 08 20 00 - Wood Doors
C. Section 08 70 00 - Door Hardware
D. Section 08 80 00 - Glazing
1.03 REFERENCES
A. ASTM B221-08 - aluminum alloy for extruding.
B. AAMA 605.2 - high performance specification for organic coatings on aluminum
extrusions.
1.04 QUALITY ASSURANCE
A. Design Criteria for Glass Entry System
1. Drawings show required dimensions and configuration. Minor modifications to
improve performance may be proposed for the Architect's approval.
2. The desired result of the work of this Section is a complete, functional, lockable
all-glass entry system, prepared for an institutional level of service.
1.05 SUBMITTALS
A. Submit shop drawings under provisions of Section 01 33 00, describing entry system
and details including component parts, and attachments or junctions with adjacent
work.
B. Provide product date and manufacturer's installation instructions under provisions of
Section 01 33 00. Include description of all color and finish options available for
system components.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver, store and protect products under provisions of Section 01 60 00.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 42 00 PAGE 2
GLASS ENTRY SYSTEM
PART 2 - PRODUCTS
2.O1 ACCEPTABLE MANUFACTURERS - GLASS ENTRY SYSTEMS
A. C.R. Laurence Company
B. PRL Glass Systems Corporation
C. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 GLASS ENTRY SYSTEM PRODUCTS
A. Glass Entry System: C.R. Laurence All Glass Entrance, with the following
characteristics:
1. All components must the products of the same manufacturer.
2. Door: 1/2" clear tempered glass, flat polished edges where exposed.
3. Sidelite: 1/2" clear tempered glass, flat polished edges where exposed.
4. Bottom Rails: 10" tall, square, wedge-lock attachment, with lock; product
DR10SDU12SL in Black Bronze finish.
5. Top Rails: 4" tall, square, wedge-lock attachment, with lock; product
DR4SDU12SL in Black Bronze finish.
6. Header: 4" hollow header for overhead closer, full width of opening;
product DCH4DUS in Black Bronze finish.
7. Closer: Concealed overhead with hold-open; product CRL6860.
8. Pulls: Two back-to-back square profile for 1/2" glass, 24" length;
product SQ24X24ORB in Oil Rubbed Bronze finish.
9. Floor Lock: Standard mortise with thumbturn, keyed per City standards;
product 777S in Black Bronze finish.
10. Strike Plate: Recessed, dustproof floor strike; product AMR209BR, brass.
2.03 ADDITIONAL MATERIALS
A. Provide all fasteners, attachments, fillers, gaskets, shims or other materials as
required for a complete installation.
B. Use only accessories and additional materials specifically recommended for the
application by the manufacturer.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Examine openings to receive glass entry system and verify that openings are plumb,
level, clean, and provide solid anchoring surfaces.
B. Do not start installation until unsatisfactory conditions have been corrected.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 42 00 PAGE 3
GLASS ENTRY SYSTEM
3.02 INSTALLATION
A. Install entry system in accordance with manufacturer's recommendations.
B. Employ only skilled workers, especially trained and experienced in this work.
C. Whenever aluminum comes into direct contact with steel, masonry, concrete, or non-
compatible materials, separate them by bituminous paint, zinc chromate primer, or
suitable insulating materials.
D. Plumb and align door and sidelite in a single plane. Install all materials square, true,
and adequately anchored to maintain positions permanently when subjected to
normal usage and gravity loads.
3.03 ADJUSTING AND CLEANING
A. Remove all labels, packing materials, and protective products after adjacent work
has been completed.
B. Clean glass and hardware using only products specifically recommended by the
manufacturer.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 70 00 PAGE 1
DOOR HARDWARE
SECTION 08 70 00
DOOR HARDWARE
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Hardware for interior doors.
1.02 RELATED WORK
A. Section 08 10 00 – Metal Door and Sidelite Frames.
B. Section 08 20 00 – Wood Doors.
C. Section 26 50 00 - Common Work Results For Electrical
1.03 REFERENCES
A. ANSI A117.1, CAC Title 24, U.S. Dept. of Justice 28 CFR Part 36 (ADA) -
Specifications for Making Buildings and Facilities Accessible to and Usable by
Physically Handicapped People.
B. AWI - Architectural Woodwork Institute.
C. BHMA - Builders' Hardware Manufacturers Association.
D. DHI - Door and Hardware Institute.
E. NFPA 101 - Life Safety Code.
F. Underwriters Laboratories Inc.
1.04 COORDINATION
A. Coordinate work of this Section with other Sections involving door and door frame
preparation.
B. Coordinate keying requirements with Owner's representative as described below.
C. Coordinate connection of any electric hardware control and alarm wiring with building
power wiring provided by electrical contractor.
1.05 QUALITY ASSURANCE
A. Design Criteria: The intent of this Section is the provision of all required items of finish
hardware. Any work less than this intent shall form the basis for correct ive measures
under the Contractor's guarantee of all work.
B. Hardware Supplier: Company specializing in supplying commercial and institutional
door hardware with minimum three (3) years' experience.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 70 00 PAGE 2
DOOR HARDWARE
1.06 SUBMITTALS
A. Submit schedule and product data under provisions of Section 01 33 00.
B. Indicate locations, mounting heights, finishes, accessories, and anchorage of each
type of hardware.
C. Provide product data on specified hardware, including explanation of all
abbreviations, symbols, and codes used to identify components or functions.
1.07 OPERATION AND MAINTENANCE DATA
A. Submit operation and maintenance data under provisions of Section 01 70 00.
B. Include data on operating hardware, lubrication requirements, and inspection
procedures related to preventative maintenance.
1.08 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site, store and protect under provisions of Section 01 60 00.
B. Deliver keys to Owner by secure shipment direct from hardware supplier.
1.09 WARRANTY
A. Provide minimum two year warranty on all locksets, latchsets, and closers under
provisions of Section 01 70 00.
1.10 MAINTENANCE MATERIALS
A. Provide special wrenches and tools applicable to each different or special hardware
component.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Hinges and Miscellaneous Hardware: Hager (HAG)
B. Latchsets, Locksets, and Cylinders: Schlage (SCH), Folger Adams (FOL), Locinox
(LOC)
C. Stops, Holders and Miscellaneous Hardware: Ives (IVE), Amerock (AME)
D. Closers: LCN (LCN)
E. Weatherstripping, Thresholds, and Door Bottoms: Pemko (PEM)
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 70 00 PAGE 3
DOOR HARDWARE
F. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 OTHER MATERIALS
A. Provide all mounting hardware, plates, trims, accessories, and attachments as
required for a complete and operable installation.
2.03 KEYING
A. Keying shall be carefully coordinated with Owner's representative, using existing
building keying protocols.
2.04 FINISHES
A. Finishes are listed in the Hardware Schedule, below.
B. Where not otherwise described, metal finishes shall be either oil rubbed bronze or
medium bronze anodized.
2.05 MATERIALS
A. Materials shall be as identified in the Hardware Schedule, below. Hardware Groups
are called out in the Door Schedule on the Drawings.
B. Additional or accessory products as required to provide a complete and functional
installation shall be compatible with the above materials and are subject to the
Architect's approval.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that doors and frames are ready to receive work and dimensions are as
indicated on approved shop drawings.
B. Beginning of installation means acceptance of existing conditions.
3.02 INSTALLATION
A. Install hardware in accordance with manufacturer's instructions.
B. Use the templates provided by hardware item manufacturer.
C. Mounting heights for hardware from finished floor to center line of hardware item shall
be the same as adjacent, existing hardware of the same type, or as indicated on the
drawings.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 70 00 PAGE 4
DOOR HARDWARE
D. Conform to the California Building Code (Section 1133B.2.5.2) for positioning
requirements for the disabled.
E. Install transformers, relays and actuators, make electrical connections, and install
low-voltage wiring to the point of connection with building power as required for
electrical hardware control and alarm systems, carefully following manufacturer’s
recommendations.
F. Coordinate installation timing with Owner's Representative in a fashion that does not
leave building spaces unlocked.
G. Adjust door closers to require a maximum pressure of 5 pounds to push or pull the
door open.
3.03 CLEANUP
A. After installation remove all plastic sheets, manufacturer's temporary markings, and
construction dirt or markings from finish hardware.
B. Use only cleaners compatible with hardware finish and recommended by
manufacturers.
3.04 DOOR HARDWARE SCHEDULE
GROUP 1: ALL GLASS LOBBY ENTRY (Door 01)
(All C.R. Laurence products per Section 08 42 00)
GROUP 2: SECURE GATE (Door 02)
FUNCTION MFGR QTY NO./FINISH REMARKS
____________________________________________________________________________________________________________
Hinges HAG 1 pair 1250/US10B 4-1/2” x 4-1/2” spring hinges
Lockset SCH 1 ND80PD/RHO/613 Storeroom function
Elect. Function VON 1 5100/US10B Electric strike, remote actuation
GROUP 3: STOREROOM PASSAGE DOOR (Door 03)
FUNCTION MFGR QTY NO./FINISH REMARKS
____________________________________________________________________________________________________________
Hinges HAG 1.5 pair BB1279/US10B 4-1/2” x 4-1/2”
Lockset SCH 1 ND70PD/RHO/613 Classroom function
Seals PEM 1 set S88 Head and jambs
Stop IVE 1 WS402/US10B Wall bumper
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 70 00 PAGE 5
DOOR HARDWARE
GROUP 4: OFFICE PRIVACY DOOR (Doors 04 - 09)
FUNCTION MFGR QTY NO./FINISH REMARKS
____________________________________________________________________________________________________________
Hinges HAG 1.5 pair BB1279/US10B 4-1/2” x 4-1/2”
Lockset SCH 1 ND50PD/RHO/613 Office function
Seals PEM 1 set S88 Head and jambs
Stop IVE 1 WS402/US10B Wall bumper
Door Bottom PEM 1 411APKL Automatic bottom (Door 07 only)
Threshold PEM 1 173D Saddle, full width (Door 07 only)
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 80 00 PAGE 1
GLAZING
SECTION 08 80 00
GLAZING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Glass and glazing for interior doors, sidelites, and transom windows.
1.02 RELATED WORK
A. Section 08 10 00 - Metal Door and Sidelite Frames.
B. Section 08 20 00 - Wood Doors.
C. Section 08 42 00 - Glass Entry System.
D. Section 10 61 00 - Demountable Partitions.
1.03 REFERENCES
A. ANSI Z97.1 - Safety Performance Specifications and Methods of Test for Safety
Glazing Material Used in Buildings.
B. "Manual of Glazing" of the Flat Glass Marketing Association.
C. U.S. General Service Administration Standard Test Method for Glazing and Window
Systems Subject to Dynamic Overpressure Loadings.
D. ASTM Z97.1 Test for Safety Glazing Materials Used in Buildings.
1.04 QUALITY ASSURANCE
A. All glass shall bear the label of its manufacturer and quality.
B. Conform to Flat Glass Marketing Association (FGMA) recommendations for glazing
installation methods.
1.05 SUBMITTALS
A. Submit product data under provisions of Section 01 33 00.
1.06 DELIVERY, STORAGE, AND PROTECTION
A. Deliver products to site, store and protect under provisions of Section 01 60 00.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 80 00 PAGE 2
GLAZING
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS - GLASS PRODUCTS
A. PPG Industries.
B. Guardian Building Products.
C. Alternate products may be approved based on submittals made under provisions of
Section 01 33 00.
2.02 TEMPERED GLASS - INTERIOR
A. Glass at Interior Doors: Dual pane 1” tempered, pebble patterned obscure (match
existing adjacent glass).
B. Glass at Interior Sidelights: Dual pane 1” tempered, pebble patterned obscure (match
existing adjacent glass).
C. Glass at Glass Entry System: Per Section 08 42 00.
2.03 NON-TEMPERED GLASS - INTERIOR
A. Glass at Interior Transom Windows: Clear, regular strength 3/16” glass.
2.04 GLAZING COMPOUNDS
A. Glazing compound may be any Class A, single component compound intended for
the specified application.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify surfaces of glazing channels or recesses are clean, free of obstructions, and
ready for work of this Section.
B. Beginning of installation means acceptance of substrate.
3.02 INSTALLATION
A. Install glass panels resting on setting blocks. Install any applied stop and place
spacer shims at 1/4 inch below sightline.
B. Locate and secure using glaziers' clips.
C. Fill gaps between panel and stops with glazing compound until flush with sightline.
Tool surface to straight line.
D. Glazing with glazing tape is an acceptable alternate installation.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 08 80 00 PAGE 3
GLAZING
E. At openings provided with manufacturer's glazing bead, install bead per
manufacturer's recommendations, using glazing compound or sealant only as
specifically directed.
3.03 CLEANING
A. After installation, remove glazing materials from finish surfaces.
B. Remove labels and clean glass after work is completed.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 51 20 PAGE 1
ACOUSTIC CEILING TREATMENT
SECTION 09 51 20
ACOUSTIC CEILING TREATMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Repair and extension of suspended metal grid ceiling system at acoustical tile ceilings.
B. Replacement of lay-in acoustical tile panels.
1.02 RELATED WORK
A. Section 09 25 00 - Gypsum Drywall.
1.03 REFERENCES
A. ASTM C635, current edition - Metal Suspension Systems for Acoustical Tile and Lay-in
Panel Ceilings
B. ASTM C636, current edition - Installation of Metal Ceiling Suspension Systems for
Acoustical Tile and Lay-in Panels.
C. ASTM E84, current edition - Surface Burning Characteristics of Building Materials.
F. ASTM E580, current edition - Installation of Metal Suspension Systems in Areas
Requiring Moderate Seismic Restraint.
1.04 QUALITY ASSURANCE
A. Manufacturer: Company specializing in manufacture of ceiling suspension system and
ceiling tile with three years minimum experience.
B. Installer: Company with three years minimum experience.
1.05 SUBMITTALS
A. Submit product data under provisions of Section 01 33 00.
1.06 PERFORMANCE REQUIREMENT
A. Provide and install new ceiling tiles and suspension system components which are
visually indistinguishable from existing in-place products.
B. Clean or repair existing ceiling tiles and suspension system components in the areas of
Work as required to present a new product appearance.
C. Complete the work of this Section without compromising existing suspension or seismic
bracing wires, hangers or struts. New suspension wires, hangers or struts, if required,
shall comply with provisions of the 2013 California Building Code.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 51 20 PAGE 2
ACOUSTIC CEILING TREATMENT
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS - SUSPENSION SYSTEM
A. Manufacturer: as required to meet performance requirements of 1.06 above.
B. Acceptable manufacturers: U. S. Gypsum Company, Armstrong, Chicago Metallic
Corporation.
C. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 SUSPENSION SYSTEM MATERIALS – ACOUSTIC TILE CEILINGS
A. Grid Materials: commercial quality cold rolled steel with galvanized coating and bake
paint finish.
B. Accessories: Stabilizer bars, clips, splices, edge moldings, and other components as
required for suspended grid system.
C. Support Channels and Hangers: Galvanized steel; size and type to suit application, to
rigidly secure acoustic ceiling system including integral mechanical and electrical
components with maximum deflection of 1/360.
D. Grid Color: white.
2.03 ACCEPTABLE MANUFACTURERS - LAY-IN ACOUSTICAL TILES
A. Manufacturer: as required to meet performance requirements of 1.06 above.
B. Acceptable manufacturers: U. S. Gypsum Company, Armstrong, Chicago Metallic
Corporation.
C. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.04 LAY-IN ACOUSTICAL TILE MATERIALS
A. Tile Characteristics:
1. Size: 24 x 48 inches.
2. Thickness: 9/16 inches.
3. Composition: Mineral.
4. Surface Color: white.
5. Pattern, Texture: to match existing.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 51 20 PAGE 3
ACOUSTIC CEILING TREATMENT
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that existing conditions are ready to receive work.
B. Beginning of installation means acceptance of existing conditions.
3.02 INSTALLATION – SUSPENDED CEILINGS
A. Install system in accordance with manufacturer's instructions.
B. Hang system components independent of walls, columns, ducts, pipes and conduit.
Where carrying members are spliced, avoid visible displacement of face plane of
adjacent members.
C. Install system components capable of supporting imposed loads to a deflection of 1/360
maximum.
D. Supply hangers or inserts for installation as described on the drawings.
E. Fit acoustic units in place, free from damaged edges or other defects detrimental to
appearance and function.
F. Install acoustic units level, in uniform plane, and free from twist, warp and dents.
3.03 SEISMIC REQUIREMENTS
A. Install all new system components, including intersections, splay bracing, compression
struts, splices and perimeter fastenings to meet seismic requirements of CBC 1613.
3.04 TOLERANCES
A. Variation from Flat and Level Surface: 1/8 inch in 10 ft
B. Variation from Plumb of Grid Members Caused by Eccentric Loads: Two degrees
maximum.
3.05 CLEANING AND TOUCH-UP
A. After acoustic tiles are in place, use manufacturer's touch-up paint to repair cut edges as
necessary
B. Clean all fingerprints, smudges, and packaging marks from grid and tiles
C. Remove all debris and packaging materials from area of Work.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 68 00 PAGE 1
CARPET
SECTION 09 68 00
CARPET
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Preparation of substrate to receive carpeting.
B. Carpeting and carpet accessories.
1.02 RELATED WORK
A. Section 02 41 00 - Demolition.
1.03 REFERENCES
A. FS DDD-C-0095 - Carpet and Rugs, Wool, Nylon, Acrylic, Modacrylic, Polyester,
Polypropylene.
B. NBS - Byproducts of combustion.
C. UM44c – GSA/FHA/HUD Use of Materials Bulletin for characteristics, installation of
carpet.
1.04 SUBMITTALS
A. Submit product data under provisions of Section 01 33 00.
B. Submit samples under provisions of Section 01 33 00; provide two (2) samples of
specified carpet in all specified colors and weaves.
C. Submit two (2) copies of flame spread certificate for all carpet and related materials to
Owner's representative under provisions of Section 01 33 00.
1.05 ENVIRONMENTAL REQUIREMENTS
A. Do not commence with carpet installation until painting and finishing work is complete
and ceilings and overhead work, tested, approved, and completed.
B. Maintain room temperature at minimum 60 degrees F for at least 24 hours prior to
installation, and relative humidity at approximately that at which the area is to be
maintained.
C. Provide lighting adequate for good visibility during installation.
1.06 EXTRA STOCK
A. Deliver to the Owner extra carpet stock equal to 5% of the total installed carpet area.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 68 00 PAGE 2
CARPET
PART 2 - PRODUCTS
2.01 NEW CARPET
A. Acceptable Manufacturers
1. Interface.
2. Alternate products may be used if approved on the basis of submittals made
under provisions of Section 01 33 00.
B. Carpet Characteristics, CAR-1:
1. Manufacturer/Model: Interface TexMix Modular, Heather Mix.
2. Construction: tufted textured loop.
3. Yarn Content: 100% Type 6 recycled nylon.
4. Pile Thickness: 0.102 inches.
5. Size: 50 cm X 50cm.
6. Backing: GlasBac Tile.
7. Total Recycled Content: 60%.
8. Radiant Panel Flammability Rating: Class I.
9. NBS Smoke Chamber Test: Maximum Specific Optical Density of 450 or less.
10. Static Propensity: Less than 3.0 KV per AATCC-0134.
11. Indoor Air Quality: Green Label Plus Certified.
12. Color: 103512 "Granite."
2.02 REPLACEMENT CARPET
A. Acceptable Manufacturers
1. Shaw.
2. Alternate products may not be used, as carpet CAR-2 is carpet to be used for
replacement of damaged or missing carpet in an existing installation.
B. Carpet Characteristics, CAR-2:
1. Manufacturer/Model: Shaw Contract Group Style 60736 Profile broadloom.
2. Color: To match existing adjacent carpet.
2.03 ADHESIVE
A. Carpet Adhesive: Where carpet is direct applied, use only adhesives specifically
recommended by the manufacturer for the carpet and substrate and California VOC
compliant.
PART 3 - EXECUTION
3.01 PREPARATION
A. Clean floors of dust, dirt, solvents, oil, grease, paint, plaster, and other substances
detrimental to proper performance of adhesive and carpet. Allow floors to thoroughly
dry.
B. Ensure floors are level, with maximum surface variation of 1/4 inch in 10 feet.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 68 00 PAGE 3
CARPET
C. Ensure concrete floors are free from scaling and irregularities and exhibit neutrality
relative to acidity and alkalinity.
D. Beginning of installation means acceptance of substrate.
3.02 CARPET INSTALLATION
A. Check matching of carpet from different containers before beginning layout.
B. Layout carpet so that any single space will not contain visibly different dye lots.
C. Install carpet per manufacturer's recommendations, keeping joints between modular
carpet tiles straight and snug.
D. Vacuum clean substrate just ahead of carpet being laid.
E. Where applicable, lay carpet on floors with the primary run of the pile in same
direction as anticipated traffic.
F. Use manufacturer's recommended layout option for orientation of individual carpet
tiles, unless otherwise directed by the Architect.
G. Cut and fit carpet neatly around projections through floor and to walls and other
vertical surfaces. Maximum allowable separation of carpet edge from vertical
surfaces is 1/16 inch.
3.03 CLEANUP
A. Remove excess adhesive from carpet, base, or wall surfaces with manufacturer's
recommended remover.
B. Clean any spots or stains and vacuum all carpet surfaces. Remove scrap carpet and
related debris from the job site except for scrap carpet pieces requested by the
General Contractor.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 1
PAINTING
SECTION 09 90 00
PAINTING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Surface preparation.
B. Surface finishes.
C. All labor and material necessary for a complete installation of the work of this Section
whether or not specifically described.
1.02 RELATED WORK
A. Section 06 41 00 - Casework.
B. Section 08 10 00 - Metal Door and Sidelite Frames.
C. Section 08 20 00 - Wood Doors.
D. Section 10 61 00 - Demountable Partitions.
1.03 REFERENCES
A. ANSI/ASTM D16-11 - Definitions of Terms Relating to Paint, Varnish, Laquer, and
Related Products.
1.04 DEFINITIONS
A. Conform to ANSI/ASTM D16 for interpretation of terms used in this Section.
1.05 QUALITY ASSURANCE
A. Product Manufacturer: Company specializing in manufacturing quality paint and finish
products with ten years experience.
B. Applicator: Company specializing in commercial painting and finishing with five years
documented experience, approved by product manufacturer.
1.06 SUBMITTALS
A. Submit product data under provisions of Section 01 33 00.
B. Provide product data on all finishing products, including full current color selector fans
if requested by Architect.
C. Submit under provisions of Section 01 33 00 two samples brushouts 8 x10 inch in
size illustrating range of colors and textures specified for each surface finishing
product scheduled.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 2
PAINTING
D. Submit manufacturer's application instructions under provisions of Section 01 33 00.
1.07 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site under provisions of Section 01 60 00.
B. Store and protect products under provisions of Section 01 60 00.
C. Deliver products to site in sealed and labelled containers; inspect to verify
acceptance.
D. Container labelling to include manufacturer's name, type of paint, brand name, brand
code, coverage, surface preparation, drying time, cleanup, color designation, and
instructions for mixing and reducing.
E. Store paint materials at minimum ambient temperature of 45 degrees F and a
maximum of 90 degrees F, in well ventilated area, unless required otherwise by
manufacturer's instructions.
F. Take precautionary measures to prevent fire hazards and spontaneous combustion.
1.09 ENVIRONMENTAL REQUIREMENTS
A. Provide continuous ventilation and heating facilities to maintain surface and ambient
temperatures above 45 degrees F for 24 hours before, during, and 48 hours after
application of finishes, unless required otherwise by manufacturer's instructions.
B. Do not apply exterior coatings during rain or when relative humidity is above 50
percent, unless required otherwise by manufacturer's instructions.
C. Minimum Application Temperatures for Latex Paints: 45 degrees F for interiors; 50
degrees F for exterior; unless required otherwise by manufacturer's instructions.
D. Minimum Application Temperature for Varnish Finishes: 65 degrees F for interior or
exterior, unless required otherwise by manufacturer's instructions.
E. Provide lighting level of 80 ft candles measured mid-height at substrate surface.
1.10 EXTRA STOCK
A. Provide a one gallon container or 5% of total job amount of each color (whichever is
more) to Owner.
B. Label each container with color, texture, and room locations, in addition to the
manufacturer's label.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 3
PAINTING
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS - PAINT, STAIN, PRIMERS AND SEALERS
A. Sherwin Williams.
B. Dunn Edwards.
C. Benjamin Moore.
D. Alternate products may be used if approved on the basis of submittals made under
the provisions of Section 01 33 00.
2.02 MATERIALS
A. Coatings: Ready mixed, except field catalysed coatings. Process pigments to a soft
paste consistency, capable of being readily and uniformly dispersed to a
homogeneous coating.
B. Coating Application Characteristics: Good flow and brushing properties; capable of
drying or curing free of streaks or sags.
C. Accessory Materials: Linseed oil, shellac, turpentine, paint thinners and other
materials not specifically indicated but required to achieve the finishes specified, of
commercial quality.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that substrate conditions are ready to receive work as instructed by the product
manufacturer.
B. Examine surfaces scheduled to be finished prior to commencement of work. Report
any condition that may potentially affect proper application.
C. Measure moisture content of surfaces using an electronic moisture meter. Do not
apply finishes unless moisture content of surfaces are below the following maximums:
1. Plaster and Gypsum Wallboard: 12 percent.
2. Masonry, Concrete, and Concrete Unit Masonry: 12 percent.
3. Interior Located Wood: 15 percent.
4. Exterior Located Wood: 19 percent.
D. Beginning of installation means acceptance of existing substrate.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 4
PAINTING
3.02 PREPARATION
A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing
surfaces or finishing.
B. Correct minor defects and clean surfaces which affect work of this Section.
C. Shellac and seal marks which may bleed through surface finishes.
D. Impervious Surfaces: Remove mildew by scrubbing with solution of tri-sodium
phosphate and bleach. Rinse with clean water and allow surface to dry.
E. Aluminum Surfaces Scheduled for Field Paint Finish: Remove surface contamination
by steam or high pressure water. Remove oxidation with acid etch and solvent
washing. Apply etching primer immediately following cleaning.
F. Asphalt, Creosote, or Bituminous Surfaces Scheduled for Paint Finish: Remove
foreign particles to permit adhesion of finishing materials. Apply compatible sealer or
primer.
G. Insulated Coverings: Remove dirt, grease, and oil from canvas and cotton.
H. Concrete Floors: Remove contamination, acid etch, and rinse floors with clear water.
Verify required acid-alkali balance is achieved. Allow to dry.
I. Copper Surfaces Scheduled for a Paint Finish: Remove contamination by steam, high
pressure water, or solvent washing. Apply vinyl etch primer immediately following
cleaning.
J. Copper Surfaces Scheduled for a Natural Oxidized Finish: Remove contamination by
applying oxidizing solution of copper acetate and ammonium chloride in acetic acid.
Rub on repeatedly for required effect. Once attained, rinse surfaces with clear water
and allow to dry.
K. Gypsum Board Surfaces: Latex fill minor defects. Spot prime defects after repair.
L. Galvanized Surfaces: Remove surface contamination and oils and wash with solvent.
Apply coat of etching primer.
M. Concrete and Unit Masonry Surfaces Scheduled to Receive Sealer or Paint Finish:
Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter.
Remove oil and grease with a solution of tri-sodium phosphate; rinse well and allow
to dry. Remove stains caused by weathering of corroding metals with a solution of
sodium metasilicate after thoroughly wetting with water. Allow to dry. Fill cracks and
voids with elastomeric patching material only where opaque painted finish will be
applied.
N. Plaster Surfaces: Fill hairline cracks, small holes, and imperfections with latex
patching plaster. Make smooth and flush with adjacent surfaces. Wash and
neutralize high alkali surfaces.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 5
PAINTING
O. Uncoated Steel and Iron Surfaces: Remove grease, scale, dirt, and rust. Where
heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean
by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld
joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs.
P. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust.
Feather edges to make touch-up patches inconspicuous. Clean surfaces with
solvent. Prime bare steel surfaces.
Q. Interior Wood Items Scheduled to Receive Paint Finish: Wipe off dust and grit prior to
priming. Seal knots, pitch streaks, and sappy sections with sealer. Fill nail holes and
cracks after primer has dried; sand between coats.
R. Interior Millwork and Wood Casework Scheduled to Receive Transparent Finish:
Remove handling marks or effects of exposure to moisture with a thorough final
sanding over all surfaces of the exposed portions, using at least 150 grit or finer
sandpaper, and thoroughly clean all surfaces before applying sealer and finish.
S. Exterior Wood Scheduled to Receive Paint Finish: Remove dust, grit, and foreign
matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted
exterior calking compound after prime coat has been applied.
T. Wood and Metal Doors Scheduled for Painting: Seal top and bottom edges with
primer.
3.03 PROTECTION
A. Protect elements surrounding the work of this Section from damage or disfiguration.
B. Repair damage to other surfaces caused by work of this Section.
C. Furnish drop cloths, shields, and protective methods to prevent spray or droppings
from disfiguring other surfaces.
D. Remove empty paint containers from site.
3.04 APPLICATION
A. Apply products in accordance with manufacturer's instructions.
B. Do not apply finishes to surfaces that are not dry.
C. Apply each coat to uniform finish.
D. Apply each coat of paint slightly darker than preceeding coat unless otherwise
approved.
E. Sand lightly between coats to achieve required finish.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 6
PAINTING
F. Allow applied coat to dry before next coat is applied.
G. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain
before set. Wipe excess from surface.
H. Prime back surfaces of interior and exterior woodwork with primer paint.
I. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish
with gloss varnish reduced 25 percent with mineral spirits.
J. Apply first coat of masonry sealer as a mist coat to break surface tension; apply
second coat per manufacturer’s recommendations, assuring a completely saturated
application. Take care to thoroughly seal all sides of horizontal and vertical grout
joints.
3.05 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT
A. Paint shop primed equipment. Paint shop prefinished items exposed to view in
inhabited areas.
B. Remove unfinished louvers, grilles, covers, and access panels on mechanical and
electrical components and paint separately.
C. Prime and paint insulated and exposed-to-view pipes, conduit, boxes, insulated and
exposed ducts, hangers, brackets, collars and supports.
D. Replace identification markings on mechanical or electrical equipment when painted
accidently.
E. Paint exposed conduit and electrical equipment occuring in finished areas.
F. Paint both sides and edges of plywood backboards for electrical and telephone
equipment before installing equipment with fire retardant coating as required by utility
companies.
G. Replace electrical plates, hardware, light fixture trim, and fittings removed prior to
finishing.
3.06 CLEANING
A. As Work proceeds, promptly remove paint where spilled, splashed, or spattered.
B. During progress of Work maintain premises free of unnecessary accumulation of
tools, equipment, surplus materials, and debris.
C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in
closed metal containers and remove daily from site.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 09 90 00 PAGE 7
PAINTING
3.07 MATERIALS SCHEDULE -
INTERIOR SURFACES
A. Painted Interior Doors, Softwood Trim and Unfinished Casework Surfaces:
1. One coat acrylic primer.
2. Two coats eggshell textured acrylic paint.
B. Stained Hardwood Surfaces:
1. One coat oil stain.
2. Two coats polyurethane varnish, hand rubbed satin.
C. Metal Security Ceilings, Cell and Processing Areas (touch up factory pre-finish):
1. One coat acrylic primer.
2. One coat ceiling panel manufacturer's matching polyester paint.
D. Gypsum Board or Plaster Walls and Ceilings:
1. One coat high solids acrylic primer.
2. Two coats eggshell textured acrylic paint
E. Miscellaneous Metals:
1. One coat acrylic primer.
2. Two coats semi-gloss acrylic paint.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 21 16 PAGE 1
SOLID PLASTIC TOILET PARTITIONS
SECTION 10 21 16
SOLID PLASTIC TOILET PARTITIONS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Solid HDPE toilet partition components.
B. Solid HDPE countertops and backsplashes.
1.02 RELATED WORK
A. Section 10 80 00 - Toilet Accessories.
1.03 SUBMITTALS
A. Submit shop drawings under provisions of Section 01 33 00.
B. Shop drawings shall indicate location and type of connection to wall and ceiling
structure, or existing partitions to remain.
C. Submit product data under provisions of Section 01 33 00.
D. Product data shall include manufacturer's color selector, identifying immediate
availability colors and custom order colors.
E. Submit confirming sample of selected partition color/texture under provisions of
Section 01 33 00.
1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver products to the site under provisions of Section 01 60 00.
B. Handle, store, and protect products under provisions of Section 01 60 00.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Scranton Products Hini-Hiders.
B. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 TOILET PARTITIONS AND URINAL SCREENS
A. Provide HDPE toilet partitions, urinal screens, countertops/backsplashes and
modifications or additions to existing components as indicated on Drawings.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 21 16 PAGE 2
SOLID PLASTIC TOILET PARTITIONS
B. Provide HDPE partitions in color and texture to match existing adjacent partitions.
2.03 OTHER MATERIALS
A. Provide any other items or materials, not specifically described herein, which are
needed for a complete and functional installation.
PART 3 - EXECUTION
3.01 EXISTING CONDITIONS
A. Inspect ceiling and wall finishes at area to receive partitions, urinal screens, and
countertops/backsplashes and verify that installation may be made in compliance with
manufacturer's recommendations.
B. Bring any problems, or conditions which prevent proper installation of toilet partitions
and urinal screens to the attention of the Architect.
C. Beginning the work of installation means acceptance of the substrate.
3.02 INSTALLATION
A. Install all partition and countertop components where indicated on the drawings,
anchoring all compartments firmly in place for long life under hard use.
B. Use lavatory manufacturer's template to make hole for lavatory.
C. Install all components in full compliance with CBC and ADA accessible dimensions
and clearances.
3.03 INSPECTION AND ADJUSTMENT
A. Upon completion of the installation, and as condition of its acceptance, visually
inspect the entire work of this section, adjust all components for proper operation and
straight alignment, and touch-up all scratches and abrasions to be completely
invisible.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 28 00 PAGE 1
BATHROOM ACCESSORIES
SECTION 10 28 00
BATHROOM ACCESSORIES
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Toilet and bath accessories.
1.02 RELATED WORK
A. Section 10 21 16 - Solid Plastic Toilet Partitions.
1.03 REFERENCES
A. ASTM A167 - Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, and
Strip.
1.04 SUBMITTALS
A. Submit manufacturer's product data and installation instructions under provisions of
Section 01 33 00.
1.05 DELIVERY, STORAGE, AND HANDLING
A. Receive, store, and protect accessories under provisions of Section 01 60 00.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS - BATHROOM ACCESSORIES
A. Bobrick
B. American Specialties Inc.
C. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 BATHROOM ACCESSORIES
A. Surface Trash Receptacle: B-277 Contura Series surface mounted waste receptacle
with LinerMate.
B. Drinking Fountain Bars: Custom, with 1-1/4" diameter stainless steel tube bars and
concealed wall and floor mounts, per Drawings.
2.04 FASTENERS
A. Provide anchors and fasteners as recommended by the manufacturer.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 28 00 PAGE 2
BATHROOM ACCESSORIES
PART 3 - EXECUTION
3.01 PREPARATION
A. Provide templates and rough-in measurements as required and confirm accessories
will fit as intended.
B. Confirm required backing is in place for all grab bars.
C. Before starting work notify Architect in writing of any conflicts detrimental to
installation or operation of accessories.
3.02 INSTALLATION
A. Install accessories and trim in accordance with manufacturer's instructions.
B. Install true, plumb, and level, securely and rigidly anchored to substrate.
C. Install drinking fountain bars in full compliance with all clearance and dimensional
requirements of CBC and ADA accessibility regulations.
D. When installation is complete remove all packing materials and labels and clean all
surfaces, using only cleaning materials and methods recommended by the
manufacturer.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 40 00 PAGE 1
SIGNAGE
SECTION 10 40 00
SIGNAGE
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Interior door and wall mounted signage.
B. All labor and materials necessary for a complete installation of the work of this
Section, whether or not specifically described.
1.02 RELATED WORK
A. Section 08 20 00 - Wood Doors.
B. Section 08 80 00 - Glazing.
C. Section 10 61 00 - Demountable Partitions.
1.03 SUBMITTALS
A. Submit shop drawings, product data and materials list under provisions of Section 01
33 00. Include manufacturer's installation instructions.
B. Indicate on shop drawings all dimensions, thicknesses and mounting details, as well
as copies of composited artwork for all painted, screened, or fabricated images.
1.04 DELIVERY, STORAGE AND PROTECTION
A. Protect products under provisions of Section 01 60 00.
B. Protect signs and letters prior to and after installation. Repair damage at no additional
cost to Owner.
PART 2 - PRODUCTS
2.01 DOOR AND WALL PLAQUE SIGNS
A. Acceptable Manufacturer: Best Sign Systems (sales@bestsigns.com).
B. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
C. Characteristics:
1. Product: Best HC200 ADA System
2. Construction: Multi-layer melamine.
3. Graphics: Graphic Blast etching, image raised 1/32”.
4. Typeface: Upper case, sans serif letters with a width-to-height ratio between 3:5
and 1:1 and a stroke width-to-height ratio between 1:5 and 1:10; Helvetica
Medium, or approved equivalent, as selected by Architect.
5. Mounting: Vinyl adhesive tape on door or wall surface
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 40 00 PAGE 2
SIGNAGE
6. Colors: White on standard background color selected by Architect to match
other City Hall signage.
7. Shape: square corners, 6” x 9” or 9“ x 9” unless otherwise noted.
8. Copy Size/Position: per approved shop drawings.
9. Braille: Grade 2 (contracted) Braille block per CBC.
10. Location/ Copy: Per Drawings and Sign Schedule.
2.03 VINYL LETTERING
A. Acceptable Manufacturer: any
B. Vinyl Lettering Characteristics:
1. Product: vinyl letters and symbols.
2. Typeface: Helvetica Medium.
3. Color: white.
4. Location/Size/Copy: per Sign Schedule and Drawings.
5. Mounting: Reverse mounted to inside glass surface.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Verify that surfaces are suitable and installed work of other trades is complete to the
point where work of this section may properly proceed.
B. Beginning of installation means acceptance of existing conditions.
3.02 INSTALLATION
A. Install all material in accordance with approved shop drawings.
B. Install all exterior signage attachments in a manner resistant to tampering and
vandalism.
C. Install all signage level, plumb and true to sign edges. Limit deviation from level to 1/8
inch over the length of complete image.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 61 00 PAGE 1
DEMOUNTABLE PARTITIONS
SECTION 10 61 00
DEMOUNTABLE PARTITIONS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Non-rated interior prefabricated wall partitions.
B. Integral door frames and finishes.
1.02 RELATED WORK
A. Section 08 10 00 - Metal Door and Sidelite Frames
B. Section 08 20 00 – Wood Doors.
C. Section 08 70 00 – Door Hardware.
1.03 REFERENCES
A. ASTM C 36 - Standard Specification for Gypsum Wallboard.
B. ASTM C 960 - Standard Specification for Predecorated Gypsum Board.
C. ASTM E 84 - Standard Test Method for Surface Burning Characteristics of Building
Materials.
D. ASTM E 90 - Stnadard Test Method for Laboratory Measurement of Airborne Sound
Transmission Loss of Building Partitions and Elements.
E. ASTM E 413 - Classification for Rating Sound Insulation.
F. Federal Specification FS CCC-W -408A - Vinyl Coated Wall Covering.
G. ASTM E 72 - Standard Test Methods of Conducting Strength Tests of Panels for
Building Construction.
H. Federal Test Method Standard No. 406, Method 1074.
1.04 PERFORMANCE REQUIREMENTS
A. Fire Resistance Rating: Partitions for this Work do not require a fire resistive rating.
B. Sound Transmission Classification: Test in accordance with ASTM E 90 by an
independent agency and classified in accordance with ASTM E 413.
1. STC rating for partitions used in this Work shall be 50 minimum.
C. Structural Performance: Test in accordance with ASTM E72.
1. Partitions must be capable of withstanding a uniformly distributed load of 5 psf
applied perpendicular to the partition without exceeding deflection of 1/240 of the
partition height.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 61 00 PAGE 2
DEMOUNTABLE PARTITIONS
2. System must be capable of withstanding five 30 ft. lb. impacts with no observable
damage. Instantaneous deflection to be one inch maximum, permanent
deflection set at 0.10 inch maximum. Test in vertical position.
D. Surface Impact Resistance: Gypsum panels must not fracture or break, and no
indentation greater than 1/16 inch (1.5mm) measured 24 hours after impact from an 8
oz., 1 1/2 inch (39mm) diameter steel ball dropped from a height of 18 inches
(457mm) in accordance with Federal Test Method Standard No. 406, Method 1074.
1.05 SUBMITTALS
A. Submit shop drawings and product data under provisions of Section 01 33 00.
B. Shop drawings shall indicate partition plans, elevations, sections, tolerances, door
frame configurations, anchorage and finishing options.
C. Submit samples of finish materials in available range of colors and textures.
1.06 DELIVERY, STORAGE AND HANDLING
A. Deliver and protect products under provisions of Section 01 60 00.
1.07 QUALITY ASSURANCE
A. Manufacturer Qualifications: All primary products specified in this section will be
supplied by a single manufacturer with a minimum of ten (10) years experience.
B. Installer Qualifications: All products listed in this section are to be installed by a single
installer with a minimum of five (5) years demonstrated experience in installing
products of the same type and scope as specified.
1.08 WARRANTY
A. At project closeout, provide to Owner or Owners Representative an executed copy of
the manufacturer's standard limited warranty against manufacturing defect, outlining
its terms, conditions, and exclusions from coverage.
1. Duration: One (1) Year from date of installation.
PART 2 - PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS – DEMOUNTABLE PARTITIONS
A. Ultrawall, LLC.
B. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 APPLICATIONS/SCOPE
A. Provide a partition system consisting of components which can be disassembled,
relocated, and substantially reused. System consists of vertical gypsum board panels,
floor runner, top rail, splice, studs, trim, and accessories. Except where noted on the
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 61 00 PAGE 3
DEMOUNTABLE PARTITIONS
drawings, partitions to be 3 3/8 inches (86mm) thick and provide a 1 7/8 inch (48mm)
wide cavity for distribution of utilities.
2.03 FRAMING
A. Struts and Floor Runners: Roll-formed galvanized steel channel.
B. Ceiling Runners: Rails with internal spacers to maintain position of panels, steel.
C. Studs: Roll-formed galvanized steel; 0.021 inch (0.5mm) minimum uncoated steel
thickness.
1. "H"-Studs: Provide at all locations except where another type is required.
2. "T"-Studs: Provide where one-sided construction or staggered gypsum
panels are required.
3. "I" Studs: Provide where steel faced panels and point accessibility are
required.
2.04 PANELS
A. Gypsum Panels: 3/4 inch (19mm) thick by 24 inches (610mm) wide by height of
partition; edges beveled and kerfed for installation of studs, square cut ends; comply
with ASTM C 36.
2.05 DOOR AND GLAZING FRAMES
A. Door Frames: Aluminum: SMR Delta Door Frames; self mortising and reversible.
B. Hardware: Per Section 08 70 00.
C. Doors: Per Section 08 20 00.
D. Glazing Frames: Per Section 08 10 00.
E. Glazing: Per Section 08 80 00.
2.05 TRIM AND ACCESSORlES
A. Trim: Extruded aluminum unless otherwise noted.
B. Insulation: 1- 1/2 inches (39mm) fiberglass sound batts, or as required to attain
performance requirements specified in this Section.
C. Acoustical Gaskets and Sealant: Compressible foam gaskets and acoustical sealant.
D. Fasteners: Screws or anchors as recommended by system manufacturer.
E. Posts: 14 gauge steel tubing,36 inches (914mm) high.
F. Provide other materials as required to achieve specified levels of performance and in
accordance with system manufacturer's instructions.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 61 00 PAGE 4
DEMOUNTABLE PARTITIONS
2.06 FINISHES
A. Panels: Vinyl Covered Gypsum Panels: To match existing, adjacent panels; comply
with ASTM C960.
B. Unfinished Panels: Paper faced gypsum panels for field finishing.
C. Aluminum Surfaces: Dark bronze color anodized to AA C22-A32 where indicated;
painted to match adjacent installation elsewhere.
D. Steel Surfaces: Shop applied baked enamel in color as selected from manufacturer's
standard offerings.
E. Vinyl Trim Surfaces: Color as selected from manufacturer's standard offerings.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Inspect and confirm that substrates have been properly prepared.
B. Do not start installation until unsatisfactory conditions have been corrected.
3.02 PREPARATION
A. Clean surfaces thoroughly prior to installation.
B. Prepare surfaces using the methods recommended by the manufacturer.
3.03 INSTALLATION
A. Install in accordance with manufacturer's instructions.
B. Install rigid, plumb, with horizontal lines leveled, neat in appearance, and free from
defects.
C. Extend partitions from floor to finished ceiling except where otherwise indicated.
D. Secure partitions to floor and ceiling using fastening devices which will not
excessively mar finished surfaces.
E. Use concealed fasteners except where otherwise shown in manufacturer's product
data or required by conditions.
F. Coordinate installation of other Work placed on or within partition.
G. Layout partition centerlines on ceiling and floor. Install ceiling runner, then floor
runner. Check for plumb before fastening floor runner; install strut studs at door
openings and wall terminations.
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 10 61 00 PAGE 5
DEMOUNTABLE PARTITIONS
H. Panels: Install vertically with butt panel joints.
I. Bracing: Provide concealed supports if required to assure lateral stability of partitions.
J. Partition Insulation: Install tight within spaces, around openings, behind and around
electrical and mechanical items within partitions, and tight to items passing through
partitions.
K. Acoustical Gaskets and Sealant: Seal cut-outs in panels, penetrations through
partitions, and intersections with adjacent construction. Use gaskets where practical;
use sealant at other locations and in fire rated partitions.
L. Doors and Hardware: Install as specified in Sections 08 20 00 and 08 70 00. Adjust
for proper operation.
3.04 CLEANING AND PROTECTION
A. Protect installed products until completion of project. Touch-up, repair or replace
damaged products to the Owner's satisfaction.
A. Remove all packaging, labels, and marks resulting from installation; clean all exposed
surfaces as recommended by the manufacturer.
END OF SECTION
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 22 40 00 PAGE 1
PLUMBNG FIXTURES
SECTION 22 40 00
PLUMBING FIXTURES
PART 1 - GENERAL
1.01 WORK INCLUDED
A. New plumbing fixtures for public restrooms as indicated on Drawings.
1.02 RELATED WORK
A. Section 10 21 16 - Solid Plastic Toilet Partitions.
B. Section 10 28 00 - Bathroom Accessories.
1.03 REFERENCES
A. California Health and Safety Code 116875 (AB1953-2006).
B. ANSI A112.19.2 Vitreous China Plumbing Fixtures and Hydraulic Requirements for
Water Closets and Urinals.
1.04 SUBMITTALS
A. Submit manufacturer's product data and installation instructions under provisions of
Section 01 33 00.
1.05 DELIVERY, STORAGE, AND HANDLING
A. Receive, store, and protect accessories under provisions of Section 01 60 00.
PART 2 - PRODUCTS
2.01 BATHROOM SINKS
A. Reference Product: American Standard Aqualyn vitreous china drop-in sink with
single center hole, #0475.047, white.
B. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.02 FAUCETS
A. Reference Product: Chicago Faucets Electronic-DC vandalproof above-deck faucet,
1.5 GPM maximum flow, #116.860.AB.1, polished chrome.
B. Alternate products may be used if approved on the basis of submittals made under
provisions of Section 01 33 00.
2.03 DRAINS, ACCESSORIES
SLO CITY HALL RECONFIGURATION
FRASER SEIPLE ARCHITECTS
SECTION 22 40 00 PAGE 2
PLUMBNG FIXTURES
A. Provide compatible drain fittings, P-traps, water stops, and water supplies as
recommended by the sink or faucet manufacturer for commercial installations.
B. Provide complying insulation to meet accessibility regulations. Use only a tight fitting
formed product such as Truebro Lav Guard; loose fitting oversized sleeves are not
acceptable.
PART 3 - EXECUTION
3.01 PREPARATION
A. Inspect conditions in the area of work and lay out to minimize the length of piping and
water supplies.
C. Before starting work notify Architect in writing of any conflicts detrimental to
installation or operation of accessories.
3.02 INSTALLATION
A. Install fixtures and accessories according to the manufacturers' instructions,
anchoring fixtures securely in place.
B. Use all recommended gaskets, washers, seals, sealants and other means to prevent
leaks.
C. Install all work of this Section in full compliance with clearance and dimensional
requirements of CBC and ADA accessibility regulations.
3.02 ADJUSTMENT AND CLEANING
A. Install batteries in electronic faucets and calibrate as directed in manufacturer's
instructions.
B. When installation is complete remove all packing materials and labels and clean all
surfaces, using only cleaning materials and methods recommended by the
manufacturer.
END OF SECTION