BAHIA CHILDCARE CENTER IMPROVEMENTS ......Martin Luther King, Jr. Civic Center, 2180 Milvia Street, Third Floor, Berkeley, CA 94704, Telephone (510) 981-7320 until 2:00 p.m. on Thursday,

BAHIA CHILDCARE CENTER IMPROVEMENTS Specification No. 16-11058

DOCUMENT 00003

TABLE OF CONTENTS Document Title INTRODUCTORY INFORMATION

00001 Title Page 00003 Table of Contents 00004 List of Drawings, Tables and Schedules 00006 Location Map

BIDDING REQUIREMENTS

00020 Invitation to Bid 00100 Instructions to Bidders 00150 Bid Contents, Evaluation, Selection and Award 00220 Geotechnical Data and Existing Conditions 00240 Hazardous Material Surveys 00300 Bid Form 00411 Bond Accompanying Bid 00430 Subcontractors List 00481 Non-collusion Affidavit

CONTRACT FORMS

00510 Agreement 00520 Escrow Agreement for Security Deposits in Lieu of Retention 00530 Agreement and Release of Any and All Claims 00610 Construction Performance Bond 00620 Construction Labor and Material Payment Bond

00680 City of Berkeley Contracting Policies CONDITIONS OF THE CONTRACT

00700 General Conditions 00810 Supplemental General Conditions 00811 Supplemental General Conditions-HazMat 00812 Supplemental General Conditions-City of Berkeley Contracting Policies 00822 Apprenticeship Program 00900 Addenda

Table of Contents (10-01) 00003-1


SPECIFICATIONS Division Section Title 1 GENERAL REQUIREMENTS

01000 Summary of Work 01025 Measurement and Payment 01030 Alternatives 01035 Modification Procedures 01036 Requests for Information 01040 Project Coordination 01060 Regulatory Requirements 01061 Regulatory Requirements--Hazardous Waste 01090 References and Definitions 01200 Project Meetings 01300 Submittals 01310 Progress Schedules and Reports 01400 Testing and Inspection 01505 Construction Waste Management 01510 Temporary Facilities 01560 Noise Control 01600 Product Requirements 01630 Product Options and Substitutions 01700 Contract Closeout 01710 Project Cleaning 01720 Project Record Documents 01732 Cutting and Patching 01733 Traffic Control

2 EXISITING CONDITIONS 02 41 14 Selective Building Demolition 3 CONCRETE See Structural Drawings 6 WOOD, PLASTICS AND COMPOSITES 06 10 53 Miscellaneous Rough Carpentry 06 64 00 Plastic Paneling See Structural Drawings 7 THERMAL AND MOISTURE PROTECTION 07 21 01 Building Insulation 07 46 46 Fiber-Cement Siding 07 62 00 Sheet Metal Flashing and Trim 07 65 00 Flexible Flashing 07 84 00 Firestopping 07 92 00 Joint Sealants



Division Section Title 8 OPENINGS 08 11 15 Steel Doors and Frames 08 43 13 Aluminum-Framed Storefronts 08 71 00 Door Hardware 08 80 00 Glazing 9 FINISHES 09 29 00 Gypsum Board 09 90 00 Painting and Coating 10 SPECIALTIES 10 14 00 Signage

END OF DOCUMENT



DOCUMENT 00004

LIST OF DRAWINGS

CS Cover Sheet A001

A002 A003 A100 A201 A300 A400 A401 A800 A801 S-1 S-2 S-3 MP0.1 MP2.1 MP3.1 E0.01 E0.02 E0.03 E0.04 E2.01 E4.01 E4.02

Architectural Data Sheet / Accessibility Plans Pollution Prevention Waste Diversion Plan Site Plan Bahia Demo / Floor Plan Exterior Elevations Enlarged Plans & Interior Elevations – Toilet Enlarged Plans & Interior Elevations – Entrance Exterior Wall Details Exterior Wall Details Floor Plan & General Notes Sections & Details Sections & Details Symbols List, Schedules, Legend & Sheet Index – Mech & Plumbing Demo & Floor Plan – Mechanical & Plumbing Specification – Mechanical & Plumbing Symbols List, Legend & Sheet Index – Electrical Luminaire Schedule & Title 24 Title 24 Title 24 First Floor Plan – Electrical Specification – Electrical Specification – Electrical

END OF DOCUMENT

List of Drawings, Tables and Schedules (10-01) 00004 - 1


1718 8th STREET, BERKELEY CA

Location Map 00006-1


DOCUMENT 00020 INVITATION TO BID City of Berkeley ("City"), will receive sealed Bids at City of Berkeley, Purchasing Manager's Office, located at the Martin Luther King, Jr. Civic Center, 2180 Milvia Street, Third Floor, Berkeley, CA 94704, Telephone (510) 981-7320 until 2:00 p.m. on Thursday, July 14, 2016 for the following public work. Specification No. 16-11058

CITY OF BERKELEY BAHIA CHILDCARE CENTER IMPROVEMENTS

Scope of Work: Work of Contract comprises the removal of existing deteriorated T1-11 siding and building insulation from the exterior wood stud walls; installation of new insulation, plywood sheathing, and siding to be painted; interior work includes accessible upgrades to provide unisex restroom and strike side clearance for main entry door; and, replacement of paving at entry to provide level door landing for the City of Berkeley (“City”), located at The Bahia Childcare Center, 1718 8th St. Berkeley, Ca, 94710, and ancillary work in accordance with the terms and conditions of the Contract Documents. Work to begin on or around August 29, 2016. A California “B” contractor's license is required to bid this contract. Joint ventures must secure a joint venture license prior to award of this Contract. Bidders must use City-supplied forms, including but not limited to, Document 00300 Bid Form, Document 00430 Subcontractors List, Document 00481 Noncollusion Affidavit and Document 00411 Bond Accompanying Bid, in submitting bids. Bidders must present a sealed envelope containing

1) Bid Form;

2) A cashier's check, certified check, or corporate surety bond of not less than 10% of the amount bid, including additive alternates;

3) Subcontractors List; and

4) Noncollusion Affidavit

for deposit into the Bid Box located at the Purchasing Manager's Office no later than 2:00 p.m., Thursday, July 14, 2016. City will conduct a non-mandatory Pre-bid Conference and Site Visit at 10:00 AM, Thursday, June 30, 2016. Starting June 23, 2016, Contract Documents, Plans and Specifications will be made available online for download, under the project’s listing, at the City of Berkeley’s Public Works website under Current Construction Project Bid Opportunities: http://www.cityofberkeley.info/Public_Works/Bids_-_Contracts/Current_Construction_Project_Bid_Opportunities.aspx Bidders are responsible for notifying Taylor Lancelot, Assistant Civil Engineer, via email at [email protected] to be included on the Planholders List. Please include the following in the email subject header: “Spec. 16-11058 Request to be included in project Planholders List”. In the body of the email, please state the Company Name, Address, Telephone Number, and Fax Number. Bidders are solely responsible for the cost of preparing their Bids. City specifically reserves the right, in its sole discretion, to reject any or all Bids, or re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work. The successful Bidder and its Subcontractors will be required to follow the nondiscrimination requirements set forth in

Invitation To Bid (11-02) 00020 - 1

http://www.cityofberkeley.info/Public_Works/Bids_-_Contracts/Current_Construction_Project_Bid_Opportunities.aspx

mailto:[email protected]


the Bidding Documents and to pay prevailing wage rates at the location of the Work. The successful Bidder and its Subcontractors will be required to follow the Federal Labor Standards Provisions outlined in document HUD 4010 found in Document 00812 Supplemental Conditions. The successful Bidder and its Subcontractors must comply with Federal Wage Decision CA160029, Modification #5 04/29/2016 found in Document 00812 Supplemental Conditions. Contract retention under the Contract shall be Five Percent (5%). END OF DOCUMENT

Invitation To Bid

(11-02) 00020 - 2


DOCUMENT 00100 INSTRUCTIONS TO BIDDERS Bids are requested for a general construction contract, or work described in general, as follows: SPECIFICATION #16-11058

CITY OF BERKELEY BAHIA CHILDCARE CENTER IMPROVEMENTS 1. RECEIPT OF BIDS. City will receive sealed bids from Bidders until 2:00 p.m., on Thursday, July 14, 2016 City

will reject any bid received after this time. 2. DETERMINATION OF LOW BIDDER. The low Bidder for purposes of award will be the conforming

responsible Bidder offering the lowest total amount for the Total Base Bid shown in the Bid Form. Once the low bidder is determined as herein described, the City reserves the right to award any combination of Additive Bid Items, or not award any Additive Bid Items, as it deems to be in the best interest of the City, regardless of whether the total bid of the particular combination selected is higher or lower than any other bidder for that same combination.

3. REQUIRED BID FORM. Bidders must submit bids on Document 00300 Bid Form. City will reject as non-

responsive any bid not submitted on the required form. Bids must be full and complete. Bidders must complete all bid items and supply all information required by Bid documents and specifications. City reserves the right in its sole discretion to reject any bid as non-responsive as a result of any error or omission in the Bid. Bidders must submit clearly written bids, and City reserves the right to reject any bid not clearly written. Bidders may not modify the Bid Form or qualify their Bids.

4. REQUIRED BID SECURITY. Bidders must submit with their bids, a cashier's check, a certified check, or a

corporate surety bond of not less than ten percent (10%) of amount bid, including additive alternates, payable to City. City will provide the required form of corporate surety bond, Document 00411 Bond Accompanying Bid. City will reject as non-responsive any bid submitted without the necessary bid security.

5. REQUIRED SUBCONTRACTORS LIST. Bidders must submit with their bids, the names of all subcontractors

and their respective bid item sub-bids on Document 00430 Subcontractors List for those subcontractors who will perform any portion of work, including labor, rendering of service, or specially fabricating and installing a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total bid. Any violation of this requirement may result in Bid being deemed non-responsive and not being considered.

6. REQUIRED NONCOLLUSION AFFIDAVIT. Bidders must submit with their bids Document 00481

Noncollusion Affidavit. City will reject as non-responsive any bid submitted without the Noncollusion Affidavit. 7. NON-MANDATORY PRE-BID CONFERENCE AND SITE VISIT. City will conduct a Non-Mandatory

Pre-bid Conference and Site Visit at 10:00 AM, Thursday, June 30, 2016 at Bahia Childcare Center (1718 8th St. Berkeley, CA 94710), to clarify such matters as Bidders may request.

8. REQUIREMENTS PRIOR TO BIDDING. Submission of Bid signifies careful examination of Contract

Documents and complete understanding of the nature, extent and location of Work to be performed. Bidder must complete the tasks listed in Document 00510 (Agreement), Article 5, as a condition to bidding, and submission of Bid shall constitute the Bidder's express representation to City that Bidder has fully completed these tasks.

9. ADDENDA. Bidders must direct all questions about the meaning or intent of the Contract Documents to City’s

Project Manager or his or her assigned Agent, Taylor Lancelot, Assistant Civil Engineer at [email protected] or 510-981-6421. Interpretations or clarifications considered necessary by the

Instruction To Bidders (10-01) 00100 - 1

mailto:[email protected]


Project Manager in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Project Manager as having received the Bidding Documents. Addenda shall be written and will be issued to each Bidder by certified mail to the address supplied City by the Bidder, or as directed by the Project Manager. Questions received less than seven (7) days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

a. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the Project Manager.

b. Addenda shall be acknowledged in Bid Form by number and shall be part of the Contract Documents. A

complete listing of Addenda may be secured from the Project Manager. 11. WAGE RATES. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of

worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the bid documents and on file at City's office. Upon request, City will make available copies to any interested party.

12. BID SUBMISSION. Bidders shall submit an envelope containing forms listed herein. Envelope shall be hand

delivered to Purchasing Manager, City of Berkeley, Martin Luther King, Jr. Civic Center Building, 2180 Milvia Street, Third Floor, Berkeley, CA 94704. Bidder shall submit bid in an opaque, 10" x 13"envelope, sealed and marked as follows:

Purchasing Manager City of Berkeley Martin Luther King, Jr. Civic Center Building 2180 Milvia Street, Third Floor Berkeley, CA 94704

BID FOR CITY SPECIFICATION #16-11058 BAHIA CHILDCARE CENTER IMPROVEMENTS

Bids must contain the following, fully executed documents:

1) Document 00300 (Bid Form).

2) Cashier's check, certified check, or corporate surety bond of not less than 10% of the amount bid,

including additive alternates. Bidder and its surety must execute Document 00411, if submitted.

3) Document 00430 Subcontractors List: If Bidder intends to employ subcontractors, Bidder must furnish the information required on this form, in accordance with instructions contained herein.

4) Document 00481 Noncollusion Affidavit.

13. BID OPENING. City shall time stamp bids on receipt, and shall open bids bearing a time stamp showing their

receipt up to and including the time and date specified. Bids will be opened in a designated conference room at City offices. On submission of bids, all bid envelopes will be time stamped to accurately reflect their submittal time. Envelopes will be opened at the date and time noted in Paragraph 1 of this Document.

14. POST-NOTICE OF AWARD REQUIREMENTS. The Apparent Low Bidder must execute and submit the

following documents after bids have been opened and duly inspected. The Apparent Low Bidder's failure to properly and timely submit these documents entitles City to reject the bid and retain the Bid Bond per Paragraph 15 herein.

a. Submit the following documents to the Project Manager by 5 o'clock p.m. of the tenth (10th) business day



following NOTICE OF INTENT TO AWARD. Award of contract depends upon approval of these documents:

1) Document 00510 Agreement: To be executed by successful Bidder. Submit three (3) copies, each

bearing an original signature.

2) Document 00610 Performance Bond: To be executed by successful Bidder and surety, in the amount set forth in Document 00700, Paragraph 4.

3) Document 00620 Labor and Material Bond: To be executed by successful Bidder and surety, in the

amount set forth in Document 00700, Paragraph 4.

4) Insurance Certificates and Endorsements required by Document 00700 General Conditions Paragraph 4.B.

5) Certification of compliance with the following provisions of the Berkeley Municipal Code and

resolutions of the City Council of the City:

(A) Resolution No. 59,853-N.S. (Oppressive States); (B) Resolution No.l 58,291-N.S. (Tropical Rainforests); (C) B.M.C. Chapter 3.64 (Nuclear Free Zone); (D) Council Directive of October 29, 1996 Re: Virgin Redwoods; (E) Section 36, Article VII of City Charter (Conflict of Interest); (F) B.M.C. Chapter 13.26 (Non-Discrimination) (G) B.M.C. Chapter 13.29 (Equal Benefits Ordinance)

6) Copy of City of Berkeley Business License 7) Taxpayer Identification Report as set forth in Document 00680: To be executed by selected Bidder.

15. If Bidder to whom Contract is awarded shall for ten (10) business days after such award fail or neglect to enter into

Contract and file required bonds or other documents, City may deposit surety bond, cashier's check or certified check for collection, and proceeds thereof may be retained by City as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of City. It is agreed that calculation of damages City may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical and that the amount of the Bidder's required bid security shall be the agreed and presumed amount of damages.

16. Prior to the issuance of the Notice to Proceed, the apparent low bidder and its known principal contractors

including, but not limited to, those performing major items of work such as heating, electrical, and plumbing, may be required to attend a conference for the purpose of ascertaining compliance with B.M.C Chapter 13.26 relating to non-discrimination.

17. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after

March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on

or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. AWARD. If the contract is to be awarded, it will be awarded to the lowest responsible responsive Bidder.

END OF DOCUMENT



DOCUMENT 00150 BID CONTENTS, EVALUATION, SELECTION AND AWARD 1. This Document summarizes the procedures by which the City will open and evaluate Bids and make award

for: SPECIFICATION #16-11058

CITY OF BERKELEY BAHIA CHILDCARE CENTER IMPROVEMENTS

2. All abbreviations and definitions of terms used herein are defined in the Division 1 Specifications, Section

01090 (References). 3. Bids shall not include any commercial, technical, legal or other conditions, exceptions, alternatives,

reservations and understandings, and any such terms so included shall have no force and effect, and, at the City's option, shall be grounds to declare a Bid non-responsive. Any such terms not discovered during the evaluations shall have no legal effect and Bidder, if awarded the Contract, will perform all requirements of the Contract Documents as if such conditions, exceptions, alternatives, reservations and understandings were not stated.

4. Not used. 5. CONTENTS OF BID. Bid proposal shall include the following:

A. Document 00300 (Bid Form): Must be filled in and signed by Bidder. All Bid prices shall be fixed and not subject to any escalation, such as for inflation or currency exchange. All prices shall be in United States Dollars. Bidders may not modify this form and for each item therein must provide firm prices not subject to change for any reason.

B. Document 00411 (Bond Accompanying Bid): Document 00411 is to be executed by Bidder and its

surety. The Bid Security amount shall not be less than ten percent (10%) of the total of all bid prices, including additive alternates.

C. Document 00430 (Subcontractors and Subcontractors List): If Bidder intends to utilize

subcontractors, it is necessary to furnish information required on this form, in accordance with instructions contained herein. Bidder must list all subcontractors including lower tier subcontractors who will perform or render service to the Contractor in excess of one-half of one percent (0.5%) of the total bid, excluding options, in accordance with the requirements of Document 00430 (Subcontractors List).

D. Document 00481 Noncollusion Affidavit

6. EVALUATION OF BID PACKAGE

Bid Package will be opened and initially evaluated according to the following sequence and procedures:

1. City will assemble all Bid Packages on the bid table unopened.

2. For each Bid, City will read aloud the name of its submitter and then open its Bid Package and

preliminarily check the enclosures for responsiveness to the requirements of the Document 00100 (Instructions to Bidders) and this Document.

Bid Contents, Evaluation, Selection and Award (10-01) 00150 - 1


3. The City will then determine the Apparent Low Bidder based upon each responsive Bidder's Schedule of Bid Prices contained in Document 00300.

4. A report will be prepared documenting the receipt of submissions, opening of Bids and initial Bid

Package evaluations.

5. Initial determinations of Bid Package responsiveness at this time will not be final. Detailed evaluations will be made subsequently, following the Bid Opening.

7. NOT USED 8. EVALUATION OF BIDDER RESPONSIBILITY

In determining Bidder's responsibility, the City may consider information provided by sources other than Bidder and conduct such investigations as the City deems necessary to assist in the evaluation of Bidder's responsibility, qualifications and financial ability, as well as proposed subcontractors, suppliers and other persons and organizations.

In determining Bidders responsibility, City may consider, among other matters, the organization and management responsiveness of the Bidder according to the following criteria:

a. Appropriateness and sufficiency of proposed organizational structure and management

plan to accomplish the Work in accordance with the term of the contract and the proposed schedule;

b. Sufficiency of proposed key personnel qualifications to accomplish the work of proposed

positions;

c. Sufficiency of proposed quality assurance plan to meet the requirements of the Contract Documents;

d. Contractors safety record; and

e. Schedule responsiveness to meet the specified schedule for completion specified and for

sufficient breakdown of activities in accordance with the required Bid Itemization.

The following are the minimum requirements for a Bidder to be found responsible to perform the Work:

1. Sufficient financial strength, stability and resources as measured by Bidder's equity, debt to assets ratio, and capability to finance the Work to be performed.

2. Ability to secure, in accordance with this Document, the required form of Performance Bond and

Payment Bond. Bidder shall include authorization that gives the City the right to verify with the surety that the surety will, based upon the Bid prices, issue the required bonds under the conditions stated.

3. Ability to obtain required insurance with coverage values that meet minimum requirements and

required letter from insurer.

4. Evidence that Bidder and its team have the human and physical resources of sufficient quantity and quality to perform the Contract in a timely and specification compliant manner, to include:

(a) Construction and management organizations with sufficient personnel and requisite

disciplines, licenses, skills, experience, and equipment for the Project.



(b) Minimum experience requirements of the prime contractor include the completion of three projects of similar size and complexity involving construction amounts in excess of $150,000.

(c) A field organization with skills, experience, and equipment sufficient to perform all on-

site work and necessary scheduling.

(d) Expertise of key personnel to accomplish the duties and responsibilities required to perform the Contract. Minimum experience requirements of key personnel shall be the completion of five projects of similar size and complexity and having five years of experience on projects of similar size and complexity.

END OF DOCUMENT



DOCUMENT 00220 GEOTECHNICAL DATA AND EXISTING CONDITIONS 1.01 This document sets forth the terms and conditions under which Contractor may review, study, use or rely upon

geotechnical data at or near the Site, and existing conditions information concerning existing conditions at or near the Site. This document, the available geotechnical data, and the supplied existing conditions information are not Contract Documents.

1.02 REPORTS AND INFORMATION

A. Documents providing a general description of the Site and conditions of the Work may have been collected by City, its consultants, and prior contractors. These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, tenant improvement contracts, as-built/record drawings, utility drawings, and information regarding Underground Facilities. These reports, documents and other information are not part of the Contract Documents.

B. Bidders may inspect such available geotechnical reports and information regarding existing conditions

at the Project Manager's Office, and copies may be obtained at cost of reproduction and handling upon Bidder's payment for the costs. These reports, documents and other information, are not part of the Contract Documents.

C. Geotechnical reports may be included in the project manual and information regarding existing

conditions may also be included in the project manual, but neither shall be considered part of the Contract Documents.

D. The following geotechnical reports and data, and information regarding existing conditions and

Underground Facilities at or contiguous to the Site, are available for review for Contract #16-11058 through the Project Manager:

1. NONE

1.03 USE OF INFORMATION ON EXISTING CONDITIONS

A. Above-Ground Existing Conditions. Under no circumstances shall City be deemed to make a warranty

or representation of existing above-ground conditions, as-built conditions, or other above-ground actual conditions verifiable by reasonable independent visual investigation. These conditions are verifiable by Bidder by the performance of its own independent investigation which Bidder must perform prior to bidding and Bidder must not rely on the information supplied by City regarding existing conditions. Bidder represents and agrees that in submitting its bid, it is not relying on any information supplied by City regarding existing conditions.

B. Underground Facilities. Information supplied regarding existing Underground Facilities at or

contiguous to the Site is based on information furnished to City by others (e.g., the owners or builders of such Underground Facilities or others).

1. City does not assume responsibility for the completeness of this information, and Bidder is solely

responsible for any interpretation or conclusion drawn from this information.

2. Except as expressly set forth in this Document, City will be responsible only for the general accuracy of information regarding Underground Facilities. This express assumption of responsibility applies only if Bidder has conducted the independent investigation of documents listed in 1.02D above, or documents available from Utility companies and other sources, and discrepancies were not apparent.

1.04 LIMITED RELIANCE PERMITTED ON CERTAIN INFORMATION

Geotechnical Data and Existing Conditions (10-01) 00220 - 1


A. Geotechnical Data. Except as expressly set forth in this Document, City does not warrant, and makes no

representation regarding, the accuracy or thoroughness of any geotechnical data. Bidder represents and agrees that in submitting its bid, it is not relying on any geotechnical data supplied by City, except as specifically set forth herein.

B. Bidder may rely upon the general accuracy of the "technical data" contained in the geotechnical reports

and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required and discrepancies were not apparent. The term "technical data" in the referenced reports and drawings shall be limited as follows:

1. The term "technical data" shall include actual reported depths, reported quantities, reported soil

types, reported soil conditions, and reported material, equipment or structures, that were encountered during subsurface exploration.

2. The term "technical data" does not include, and Bidder may not rely upon, any other data,

interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures.

3. The term "technical data" shall not include the location of Underground Facilities. 4. Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or

construction. Bidder may rely upon the general accuracy of the "technical data" contained in such reports or drawings.

5. Bidder is solely responsible for any interpretation or conclusion drawn from any "technical data"

or any other data, interpretations, opinions or information contained in supplied geotechnical data. 1.05 INVESTIGATIONS

A. Before submitting a Bid, each Bidder shall investigate the existing conditions at the site and examine

and evaluate all of the available reports and information concerning conditions (existing above-ground, subsurface and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of Contract Documents.

B. City has provided time in the period prior to bidding for Bidder to perform these investigations and

examinations. 1.06 ACCESS TO SITE

On written request to Project Manager, City will provide each Bidder access to the Site to conduct such non-destructive examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidders must be careful to leave the Site in its present condition upon completion of such explorations, investigations, tests and studies. Bidders are responsible for safety and protection of themselves and their employees during such investigations and they shall indemnify the City against claims arising from such work.

END OF DOCUMENT

Geotechnical Data and Existing Conditions (10-01) 00220 - 2


DOCUMENT 00240 HAZARDOUS MATERIAL SURVEYS 1.01 This Document describes hazardous material surveys included in or with the contract manual and use of data

therein. 1.02 REPORTS AND INFORMATION

A. City, its consultants, contractors and tenants have prepared documents providing a general description of the Site and locations of hazardous materials subject of the Work. These documents consist of surveys included in or with this contract manual, or made available for review and copying. The surveys are the following:

1. Hazardous Material Survey being performed with results to be released in a bid

addendum.

B. Bidders may inspect such surveys at the Project Manager's office in City's office, and copies may be obtained at cost of reproduction and handling upon Bidder's payment for the costs. These surveys are not part of Contract Documents.

1.03 USE OF DATA

A. Data regarding the locations of hazardous materials was obtained only for use of City and its consultants, contractors, and tenants for planning and design and are not part of Contract Documents. Bidder may rely on this information for its general accuracy regarding the locations of potentially hazardous materials subject of the Work. Otherwise, the provisions of Document 00220, Geotechnical Data And Existing Conditions, apply to the Work.

B. City does not warrant and makes no representation regarding the accuracy or thoroughness of any

other data regarding existing conditions or hazardous materials, including, but not limited to, quantities, characteristics, volumes, structural features, location of Underground Facilities or connections thereto, or any information verifiable by visual inspection. Bidder represents and agrees that in submitting a Bid it is not relying on any data regarding existing conditions supplied by City, except as it may respect the general location of potentially hazardous materials.

1.04 INVESTIGATIONS

A. Before submitting a Bid, each Bidder will be responsible for obtaining such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs or projects incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing Work in accordance with the time, price and other terms and conditions of the Contract Documents.

B. City has provided time in the period prior to bidding for Bidder to perform these investigations.

C. On request, City will provide each Bidder access to Site to conduct such examinations, investigations,

explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests and studies. Any investigation performed by Contractor to verify hazardous materials/waste conditions must comply with the provisions of Document 00810

Hazardous Material Survey (10-01) 00240 - 1


(Supplemental General Conditions), including but not limited to the requirements regarding compliance with all laws, permits, giving of all notices, and indemnification. Bidders shall also present proof of insurance satisfactory to City.

END OF DOCUMENT

Hazardous Material Survey (10-01) 00240 - 2


Bid Form (10-01) 00300 - 1

DOCUMENT 00300 BID FORM To be submitted by 2:00 p.m., on Thursday, July 14, 2016 CITY OF BERKELEY

PURCHASING MANAGERS OFFICE Martin Luther King, Jr. Civic Center

2180 Milvia Street, Third Floor Berkeley, CA 94704

Telephone (510) 981-7320 Attn: Taylor Lancelot, Project Manager Re: SPECIFICATION #16-11058, BAHIA CHILDCARE CENTER IMPROVEMENTS, City of Berkeley. 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the City of

Berkeley ("City") in the form included in the Contract Documents, Document 00510 Agreement, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Contract Documents and the Invitation to Bid and

Instructions to Bidders, including without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) calendar days after the day of Bid Opening. Bidder will sign and submit the Agreement with Bonds and other documents required by Document 00100 Instructions to Bidders, within ten (10) business days after receipt of City's Notice of Intent to Award.

3. In submitting this Bid, Bidder represents: (a) Bidder has examined all of the Contract Documents and of the following Addenda (receipt of all of

which is hereby acknowledged). Date Number (b) Bidder has visited the site and performed all tasks, research, investigation, reviews, examinations,

analysis, and given notices, regarding the Project and the Site, as set forth in Document 00510 (Agreement), Article 5.

4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in

strict accordance with the Contract Documents for the following sum of money listed in the following Bid Schedule:


Bid Form (10-01) 00300 - 2

SCHEDULE OF BID PRICES All bid items, including lump sums, unit prices, and additive alternates must be filled in completely. Quote in words and numerals. Scope of Work is listed in Section 01000 of the Contract Documents. TOTAL BASE BID: All labor, materials, services and equipment necessary for the completion of all of the Work shown in the attached plans, specifications and other Contract Documents, except for that work called for in the Additive Bid Items (if any): _____________________________________________________________Dollars $_______________________ ADDITIVE BID ITEM NO.1: All labor, materials, services and equipment necessary for the completion of seismic upgrade noted in Drawings S1-S3 as " Supplemental Bid Item SB1" including installation of holdowns and straps: _____________________________________________________________Dollars $_______________________ 5. Subcontractors and their sub-bids for work included in all bid items and additive or deductive alternates are

listed on the attached Document 00430 Subcontractors List. 6. The undersigned understands that City reserves the right to reject this Bid, but that this Bid shall remain open

and shall not be withdrawn for a period of sixty (60) calendar days from the date prescribed for its opening. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered

to the Undersigned within sixty (60) calendar days after the date set for the opening of this Bid, or at any other time thereafter before it is withdrawn, the undersigned will execute and deliver the documents required by Document 00100 Instructions to Bidders including, but not limited to, Document 00510 Agreement, Document 00610 Performance Bond, and Document 00620 Labor and Material Bond, all within ten (10) business days after personal delivery or after receipt in the mails of the Notice of Intent to Award.

8. Notice of Award or request for additional information may be addressed to the undersigned at the address set

forth below. 9. The undersigned herewith encloses a cashier's check, certified check, or corporate surety bond in the amount of

ten percent (10%) of the total of the Base Bid and Additive and Bid Item 1 and made payable to: City of Berkeley.

10. The undersigned agrees to commence work under this Contract on the date established in Document 00700

General Conditions and to complete all work within the time specified in Document 00510 Agreement.


Bid Form (10-01) 00300 - 3

11. The undersigned agrees that, in accordance with Document 00700 General Conditions, Paragraph 15.E,

liquidated damages for failure to complete all work in the contract within the time specified in Paragraph 10 above shall be as set forth in Document 00510 Agreement.

12. The names of all persons interested in the foregoing Bid as principals are:

(IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give first and last names in full).

NAME OF BIDDER licensed in accordance with an act for the registration of Contractors, and with license number:

Signature of Bidder

NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address:

_________________________________________________________ _________________________________________________________ _________________________________________________________

Telephone Numbers: _________________________________________________________ Date of Bid: ________________________________________________________________ END OF DOCUMENT


DOCUMENT 00411 BOND ACCOMPANYING BID KNOW ALL BY THESE PRESENTS:

That the undersigned __________________________________________ as Principal and the undersigned

_________________________________________________as Surety are held and firmly bound unto the City of

Berkeley, a public entity, as obligee, in the penal sum of _______________________________

______________________ Dollars ($ _______________ ) lawful money of the United States of America, for

the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and

assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is submitting a bid for the City SPECIFICATION #16-11058, BAHIA

CHILDCARE CENTER IMPROVMENTS.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the bid submitted by the said Principal be accepted and the contract be awarded to said Principal and said Principal shall within a period of ten (10) business days after such award enter into the contract so awarded and provide the required Performance Bond and provide the required Labor and Material Payment Bond, and timely provide all other endorsements, forms and documents required under Document 00100 Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, The above bounden parties have executed this instrument this __________ day of , 20_____.

(Corporate Seal)

By Principal Surety

(Corporate Seal)

By Attorney in Fact END OF DOCUMENT

Bond Accompanying Bid (10-01) 00411 - 1


DOCUMENT 00430 SUBCONTRACTORS LIST Bidder submits the following information as to the subcontractors Bidder intends to employ if awarded the contract.

Name and Address of Subcontractor and

Location of Mill or Shop License Number

Description of Work: Reference to

Contract Items

Prices Under Subcontract

(Bidder to attach additional sheets if necessary) END OF DOCUMENT

Subcontractors List (10-02) 00430 - 1


DOCUMENT 00481 NON-COLLUSION AFFIDAVIT Public Contract Code ' 7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )

) ss. CITY OF BERKELEY ) , being first duly sworn, deposes and says (Name of Principal of Bidder) that he or she is of , (Office of Affiant) (Name of Bidder) 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 Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, and "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 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 City, or anyone interested in the proposed contract; that all statements "contained" in the bid are true; and further, that Bidder has not, directly or indirectly, submitted its 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.

___________________________________________

___________________________________________ END OF DOCUMENT

Non-Collusion Affidavit (10-01) 00481 - 1


Agreement (07-02) 00510 - 1

DOCUMENT 00510 AGREEMENT

THIS AGREEMENT, made this day of , __ by and between , whose place of business is located at , hereinafter referred to as “Contractor”, and the City of Berkeley hereinafter referred to as "City", acting under and by virtue of the authority vested in City by the City Charter and the laws of the State of California.

WHEREAS, the City, by its Resolution No. _________________– N.S. adopted on the ___ day of _____________, ______, awarded to Contractor the following contract: SPECIFICATION #16-11058

BAHIA CHILDCARE CENTER IMPROVEMENTS Berkeley, California

NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree

as follows: Article I. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in strict accord with the plans,

specifications, and all other terms and conditions of the Contract Documents. Article II. Architect, Project Manager, Construction Manager 2.1 The Project has been designed by, and specifications have been furnished by ELS Architects, who shall have

the rights assigned to Architect/Engineer in the Contract Documents. 2.2 City hereby designates Phil Harrington, Director of Public Works as the Project Manager, and that person

will assume all duties and responsibilities and have the rights and authorities assigned to the Project Manager in the Contract Documents. Project Manager shall have final authority over all matters pertaining to the Contract, and shall have sole authority to modify the Contract on behalf of City, to accept work, and to make decisions or actions binding on City, and shall have sole signature authority on behalf of City. The Project Manager may assign all or part of the Project Manager's rights, responsibilities and duties to a Construction Manager.

Article III. Contract Time and Liquidated Damages 3.1 Contract Time.

The Work will be Substantially Complete within 92 days from the date when the Contract Time commences to run as provided in Document 00700 General Conditions.

The Work will be Finally Complete and ready for final payment in accordance with Section 01700 (Contract Closeout) 106 days from the date when the Contract Time commences to run as provided in Document 00700 General Conditions.

3.2 Liquidated Damages.


Agreement (07-02) 00510 - 2

City and Contractor recognize that time is of the essence of this Agreement and that City will suffer financial loss in the form of contract administration expenses (including project management and consultant's expenses), if Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Paragraph 15 of Document 00700 General Conditions, Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:

3.2.1 One thousand dollars ($1,000) for each day that expires after the time specified herein for Contractor

to achieve Substantial Completion, until Work is Substantially Complete; and,

3.2.2 One thousand dollars ($1,000) for each day that expires after the time specified herein for Contractor to achieve Final Completion, until Work is Finally Complete.

These measures of liquidated damages shall apply cumulatively and shall be presumed to be, except as provided below, the damages suffered by City resulting from delay in completion of the Work.

3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, lost revenues and

general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.

Article IV. Contract Price 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as

follows: [HERE INSERT LUMP SUM, UNIT PRICES, OR CONTRACTOR'S BID]. Article V. Contractor's Representations

In order to induce City to enter into this Agreement, Contractor makes the following representations and warranties:

5.1 Contractor has visited the site and has examined thoroughly and understood the nature and extent of the

Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface

conditions, as built-drawings, drawings or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, identified in the Bid Documents, or which may appear in the Drawings, and accepts the determination set forth in these documents and Document 00700 General Conditions of the limited extent of the information contained in such reports and drawings upon which the Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.

5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,

tests, reports and studies (in addition to or to supplement those referred to in Article 5.2 above) which pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the site or otherwise which may affect the cost, progress, performance or furnishing of Work, as


Agreement (07-02) 00510 - 3

Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,

explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given the Project Manager prompt written notice of all conflicts, errors, ambiguities or

discrepancies that it has discovered in or among the Contract Documents and as-built and actual conditions and the written resolution thereof through Addenda issued by Project Manager is acceptable to Contractor.

Article VI. Contract Documents

The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following:

6.1 Contract Documents consist of the following documents, including all changes, addenda and modifications

thereto, as listed on Document 00003 Table of Contents:

Document 00510 Agreement Document 00520 Escrow Agreement For Security Deposit In Lieu of Retention Document 00530 Agreement and Release of Any and All Claims Document 00610 Performance Bond Document 00620 Labor and Material Bond Document 00680 City of Berkeley Contracting Policies Document 00700 General Conditions Document 00810 Supplemental General Conditions Document 00812 Supplemental General Conditions City of Berkeley Contracting Policies Document 00822 Apprenticeship Program Document 00900 Addenda Specifications Divisions 1 through 16 Drawings, Tables and Schedules listed in Document 00004

6.2 There are no Contract Documents other than those listed above in this Article VI. The Contract Documents

may only be amended, modified or supplemented as provided in Document 00700 General Conditions. Article VII. Miscellaneous

7.1 Terms used in this Agreement are defined in Document 00700 General Conditions and will have the meaning indicated therein.

7.2 It is understood and agreed that in no instance is any party, signing this Agreement for or on behalf of City or

acting as an employee or representative of City, liable on this Contract, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

7.3 The Contract Sum includes all allowances and accepted alternates. Accepted alternates are: TBD.

7.4 In entering into a public works contract or a sub-contract to supply goods, services or materials pursuant to a

public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all


Agreement (07-02) 00510 - 4

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. § 15) or under the Cartwright Act, (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the sub-contract. This assignment shall be made and become effective at the time City tenders final payment to the Contractor, without further acknowledgment by the parties.

7.5 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or

after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed

to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Manual and on file at City's offices, and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is 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 Contractor shall comply with such provisions before commencing the performance of the work of the contract.

7.7 This Agreement shall be deemed to have been entered into in the City of Berkeley, County of Alameda, State

of California, and governed in all respects by California law.


Agreement (07-02) 00510 - 5

IN WITNESS WHEREOF the parties to these presents have hereunto set their hands and seals and have executed this contract in triplicate the day and year first above written. CITY OF BERKELEY By_______________________________ [INSERT CONTRACTOR NAME]: City Manager By______________________________________ ATTEST: __________________, President CITY OF BERKELEY By_________________________________ By______________________________________ City Clerk __________________, Secretary (Corporate seal when required) REGISTERED BY By_________________________________ City Auditor COPY OF RESOLUTION NO. __________– N.S. Adopted _______________, _____ by the City of Berkeley Pre-approved as to form: CITY ATTORNEY 7/2002 END OF DOCUMENT


DOCUMENT 00520

P.C.C. '22300

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement ("Escrow Agreement") is made and entered into this day of , __ by and between the City of Berkeley (“City”), whose address is 2180 Milvia Street, Berkeley, California 94704; ("Contractor"), whose place of business is located at ; and , a state or federally chartered bank in the state of California, whose place of business is located at ("Escrow Agent"). For the consideration hereinafter set forth, City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of 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 City pursuant to the Construction Contract #_________ entered into between City and Contractor for BAHIA CHILDCARE CENTER IMPROVEMENTS in the amount of $ dated (the "Contract"). Alternatively, on written request of Contractor, City shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify City within ten (10) calendar days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between City and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.

2. City shall make progress payments to Contractor for those funds which otherwise would be withheld from

progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified above.

3. When City makes payment of retention earned directly to Escrow Agent, Escrow Agent shall hold them for the

benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. 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 shall be equally applicable and binding when City pays Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering

the Escrow Account, and all expenses of City. Such expenses and payment terms shall be determined by City, Contractor and Escrow Agent.

5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest

shall be for sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by

written notice to Escrow Agent accompanied by written authorization from City to Escrow Agent that City consents to withdrawal of amount sought to be withdrawn by Contractor.

7. City shall have the right to draw upon the securities in event of default by Contractor. Upon seven (7) days

written notice to Escrow Agent from City of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City.

8. Upon receipt of written notification from City certifying that the Contract is final and complete, and that

Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall

Escrow Agreement for Security in Lieu of Retention (10-01) 00520 - 1


release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on written notifications from City and Contractor pursuant to Paragraphs 5 through 8,

inclusive, of this Escrow Agreement and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above.

10. Names of persons who are authorized to give written notice or to receive written notice on behalf of City and on

behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of City: On behalf of Contractor: _____________________________________ _______________________________________ Title Title _____________________________________ _______________________________________ Name Name _____________________________________ _______________________________________ Signature Signature _____________________________________ _______________________________________ Address Address On behalf of Escrow Agent: ____________________________________ Title ____________________________________ Name ____________________________________ Signature ____________________________________ Address At the time the Escrow Account is opened, City and Contractor shall deliver to 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 END OF DOCUMENT



DOCUMENT 00530 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS This Agreement and Release of Claims ("Agreement and Release"), made and entered into this day of , , by and between the City of Berkeley (“City”), and ("Contractor"), whose place of business is at . RECITALS 1. City and Contractor entered into Contract # (“Contract”) in the City of Berkeley, County of

Alameda, State of California. 2. The Work under Contract has been completed.

Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT 3. Contractor will not be assessed liquidated damages except as detailed below:

Original Contract Sum $ ___________________________________

Modified Contract Sum $ ___________________________________

Payment to Date $ ___________________________________

Liquidated Damages $ ___________________________________

Payment Due Contractor $ ___________________________________ 4. Subject to the provisions of this Agreement and Release, City shall forthwith pay to Contractor the sum of $

( Dollars ) under Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment.

5. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute

against City arising from the performance of work under Contract, except for the claims described in Paragraph 6, and continuing obligations described in Paragraph 8, below. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, all its respective agents, employees, inspectors, assignees and transferees except for the Disputed Claims set forth in Paragraph 6, and continuing obligations described in Paragraph 8, below.

6. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the

operation of this Agreement and Release:

Claim No. Date Submitted Description of Claim Amount of Claim

Agreement and Release of Any and All Claims (10-01) 00530 - 1


7. Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in Paragraph 4, above, Contractor hereby releases and forever discharges City, all its agents, employees, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the work under the Contract.

8. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full

force and effect as specified in the Contract Documents. 9. Contractor shall immediately defend, indemnify and hold harmless City, all its respective agents, employees,

inspectors, assignees and transferees from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of Contract, except for the Disputed Claims set forth in Paragraph 6, above.

10. Contractor hereby waives 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.

11. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be

considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, City, municipal or other law, ruling or regulations, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable.

12. All rights of City shall survive completion of the Work or termination of Contract, and execution of this

Release. * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * City CONTRACTOR BY:_____________________________________ BY:_________________________________________ Its _____________________________________

END OF DOCUMENT

Agreement and Release of Any and All Claims (10-01) 00530 - 2


DOCUMENT 00610 CONSTRUCTION PERFORMANCE BOND This Construction Performance Bond (“Bond”) is dated , is in the penal sum of $_______________________ (Contract Price), and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 12, attached to this page. Any singular reference to ("Contractor"), ("Surety"), the City of Berkeley ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: ___________________________________ _____________________________________ Name Name ___________________________________ _____________________________________ Address Principal Place of Business CITY OF BERKELEY CONSTRUCTION CONTRACT:

BAHIA CHILDCARE CENTER IMPROVEMENTS

___________________________________ Address

The Contract 16-11058

at 1718 8th Street, Berkeley, CA 94710

DATED , ______ in the amount of $________________________.

CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: ____________________________ _________________________________ Name and Title: Name and Title:

Construction Performance Bond (10-01) 00610 - 1


BOND TERMS AND CONDITIONS

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,

successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor completely and properly performs all of its obligations under the Construction Contract,

the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no City Default, the Surety's obligation under this Bond shall arise after:

3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 City has agreed to pay the Balance of the Contract Sum to:

3.2.1 The Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a contractor selected to perform the Construction Contract in accordance with the

terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of Paragraph 3, the Surety shall promptly (within thirty (30) days)

and at the Surety's expense elect to take one of the following actions:

4.1 Arrange for the Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through

independent contractors; or

4.3 Obtain bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if the Surety's obligations defined in Paragraph 6, below, exceed the Balance of the Contract Sum, then the Surety shall pay to City the amount of such excess; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and

with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith the amount for which it may then be liable to City under Paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment's calculation. If City accepts the Surety's tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce the Surety's liability under paragraph 6, below.



5. If the Surety does not proceed as provided in Paragraph 4, above, then the Surety shall be deemed to be in

default on this Bond ten (10) days after receipt of an additional written notice from City to the Surety demanding that the Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, or coordinate work with other consultants or contractors.

6. The Surety's monetary obligation under this Bond is limited by the amount of this Bond. Subject to these

limits, the Surety's obligations under this Bond are commensurate with the obligations of the Contractor under the Construction Contract. The Surety's obligations shall include, but are not limited to:

6.1 The responsibilities of the Contractor under the Construction Contract for completion of the

Construction Contract and correction of defective work;

6.2 The responsibilities of the Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract, including but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages;

6.3 Additional legal, design professional and delay costs resulting from the Contractor Default or

resulting from the actions or failure to act of the Surety under Paragraph 4, above. 7. No right of action shall accrue on this Bond to any person or entity other than City or its heirs, executors,

administrators, or successors. 8. The Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to

related subcontracts, purchase orders and other obligations, including changes of time. The Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.

9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent

jurisdiction where a proceeding is pending between City and the Contractor regarding the Construction Contract, or in the courts of the City of Berkeley, or in a court of competent jurisdiction in the location in which the work is located.

10. Notice to the Surety, City or the Contractor shall be mailed or delivered to the address shown on the

signature page. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed

deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.

12. Definitions.

12.1 Balance of the Contract Sum: The total amount payable by City to the Contractor pursuant to the

terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract.

12.2 Construction Contract: The agreement between City and the Contractor identified on the signature

page, including all Contract Documents and changes thereto.



12.3 Contractor Default: Material failure of the Contractor, which has neither been remedied nor

waived, to perform or otherwise to comply with the terms of the Construction Contract, including but not limited to, the provisions of Paragraph 1.13.G of Document 00700 General Conditions.

12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay the

Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT



DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND This Construction Labor and Material Payment Bond ("Bond") is dated , is in the penal sum of $ (Contract Price), and is entered into by and between the parties listed below to ensure the payment of claimants under of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to ("Contractor"), ("Surety"), City of Berkeley ("City") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Name Name Address Principal Place of Business

CONSTRUCTION CONTRACT CITY OF BERKELEY BAHIA CHILDCARE CENTER IMPROVEMENTS Address

The Contract 16-11058

at 1718 8TH Street, Berkeley, CA 94710

DATED , __ in the amount of $ .

CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title:

Construction labor And Material Bond (10-01) 00620 - 1


BOND TERMS AND CONDITIONS 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,

successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.

2. With respect to City, this obligation shall be null and void if the Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no City Default.

3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment,

directly or indirectly through its subcontractors, for all sums due Claimants. However, if Contractor or its subcontractors fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay for the same, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

4. Consistent with the California Mechanic's Lien Law, Civil Code '3082, et seq., the Surety shall have no

obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be

credited for any payments made in good faith by the Surety under this Bond. 6. Amounts due the Contractor under the Construction Contract shall be applied first to satisfy claims, if any,

under any Construction Performance Bond and second, to satisfy obligations of the Contractor and the Surety under this Bond.

7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this bond,

and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to

related subcontracts, purchase orders and other obligations. 9. Suit against Surety on this Payment Bond may be brought by any Claimant, or its assigns, at any time after the

Claimant has furnished the last of the labor or materials, or both, but, per Civil Code '3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code '3184.

10. Notice to the Surety, City or the Contractor shall be mailed or delivered to the address shown on the signature

page. Actual receipt of notice by Surety, City or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.



11. This Bond has been furnished to comply with the California Mechanic's Lien Law, including, but not limited to, Civil Code ''3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall

promptly furnish a copy of this Bond or shall permit a copy to be made. 13. DEFINITIONS

13.1.1 Claimant: An individual or entity having a direct contract with this Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code '3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code '3248(b).

13.1.2 Construction Contract: The agreement between City and the Contractor identified on the signature

page, including all Contract Documents and changes thereto.

13.1.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract.

END OF DOCUMENT



DOCUMENT 00680

CITY OF BERKELEY CONTRACTING POLICIES Contractor shall comply with the City of Berkeley’s adopted employment policies applying to City construction projects as described in Document 00812. The following certifications/forms shall be submitted in accordance with Document 00100 Instructions to Bidders: • Memorandum of Understanding • Workforce Composition Form • Agreement for Change in Subcontractors • Nuclear Free Zone Disclosure Form • Oppressive States Compliance Statement • Hardwood Disclosure Form • First Source Construction Agreement (for projects over $100,000) • Certification Of Compliance With Equal Benefits Ordinance • Taxpayer Identification Report

• Right to Audit

City of Berkeley – Contracting Policy (11-02) 00680-1


CITY OF BERKELEY MEMORANDUM OF UNDERSTANDING

(MOU) 1. The Contractor (and all Subcontractors) agree not to discriminate pursuant to City Ordinance No.

5876. 2. The Contractor agrees that he/she is also responsible for his/her Subcontractors' compliance with

City of Berkeley Ordinance No. 5876. 3. For contracts over $100,000, the Contractor agrees to comply with Ordinance No. 5876 as

applied to the First Source Program (see Section 8 of Ordinance 5876). The Contractor agrees to submit periodic employment and wage reports to the City's Contract Compliance Officer upon reasonable request. Contractor City of Berkeley Date Date



CITY OF BERKELEY AGREEMENT FOR CHANGE IN SUB-CONTRACTORS I agree to use the Subcontractor(s) listed in the signed contract with the City of Berkeley. If it should become necessary to change Subcontractors, I will notify the Capital Projects Manager by completing the following information:

Signed by: Verified by: ______________________ Prime Contractor Subcontractor City of Berkeley Date: Date: Date: ___________

Current Subcontractor(s) Alternate Subcontractors Reason for Change Date

City of Berkeley Contracting Policies – Agreement for Change in Sub-Contractors (11-02) 00680-3


CITY OF BERKELEY WORKFORCE COMPOSITION FORM FOR ALL CONSTRUCTION CONTRACTS The Contractor and all Subcontractors who will do work valued at $3,000 or more are required to submit this form. Weekly payroll reports will be compared to this listing to monitor for compliance with the First Source Agreement. A payroll printout or other listing of employees providing the same information will be accepted. Name of Contractor/Subcontractor: Project:

Name

Race*

Sex**

Trade/Craft

Basic Hourly Rate

Hire Date

Employees to be used on this job

* A=Asian or Pacific Islander **M = Male Signature: Date: AI=American Indian **F = Female Contractor/Subcontractor B=Afro American C=Caucasian H=Hispanic (Mexican, Puerto Rican, Verified By: Date: Spanish, Cuban, Chicano, Central City of Berkeley or South American)

8/91

City of Berkeley Contracting Policies – Workforce Composition (11-02) 00680-4


CITY OF BERKELEY NUCLEAR FREE ZONE DISCLOSURE FORM

I (we) certify that: 1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by this business entity, and of any such that are anticipated to be entered into, produced or handled for the duration of its contract(s) with the City of Berkeley. (To this end, this disclosure form may be signed by more than one individual, if a description of which type of contracts each individual is cognizant is attached.) 2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any person or business that knowingly engages in work for nuclear weapons. 3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code section 12.90.130:

"Work for nuclear weapons" is any work the purpose of which is the development, testing, production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or any secret or classified research or evaluation of nuclear weapons; or any operation, management or administration of such work.

"Nuclear weapon" is any device, the intended explosion of which results from the energy released by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of the weapon.

"Component of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear weapon).

4. Neither this business entity nor its parent nor any of its subsidiaries engages in work for nuclear weapons or anticipates entering into such work for the duration of its contract(s) with the City of Berkeley. I (we) declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Signed: Date: Printed Name and Title(s): Company:



CITY OF BERKELEY Oppressive States Compliance Statement

The undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of Berkeley City Council Resolution No. 59,853-N.S (hereafter "Resolution"). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes. Contractor understands the meaning of the following terms used in the Resolution: "Business Entity" means "any individual, firm, partnership, corporation, association, or any other

commercial organization, including parent-entities and wholly-owned subsidiaries" (to the extent that their operations are related to the purpose of the contract with the City).

"Personal Services" means "the performance of any work or labor and shall also include acting as

an independent contractor or providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship."

"Oppressive State" means: 1) Tibet Autonomous Region and the Provinces of Ado, Kham, and U-Tsang. Contractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any time during the term of the contract, it provides Personal Services to: a. The governing regime in any Oppressive State. b. Any business or corporation organized under the authority of the governing

regime of any Oppressive State. c. Any person for the express purpose of assisting in business operations or trading

with any public or private entity located in any Oppressive State. Contractor further understands and agrees that Contractor's failure to comply with the Resolution shall constitute a default of the contract and the City Manager may terminate the contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination. The undersigned is familiar with, or has made a reasonable effort to become familiar with, Contractor's business structure and the geographic extent of its operations. By executing this Statement, Contractor certifies that it complies with the requirements of the Resolution and that if any time during the term of the contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Printed Name: Title: _________________________________ Signed: Date: __________________________________ Business Entity: Contract description/Specification No. 16-11058 I am unable to execute this Statement; however, Contractor is exempt under Section VII of the Resolution. I have attached a separate statement explaining the reason(s) Contractor cannot comply and the basis for any requested exemption. Signed: ________________________________ Date: ________________________________



CITY OF BERKELEY HARDWOOD DISCLOSURE FORM For use by vendors on contracts utilizing lumber 1. I understand that on December 12, 1995, the City Council directed staff not to

purchase lumber from companies that purchase or sell wood or paper products that come from tropical rainforests. I understand that wood species with tropical origins include, but are not limited to: Apitong, Banak, Bocote, Bubinga, Cocobolo, Cordia, Ebony, Goncalo alves, Greenheart, Iroko, Jelutang, Koa, Luauan, Mahogany, Meranti, Padauk, Purpleheart, Ramin, Rosewood, Satinwood, Teak, Virola, Wenge, and Zebrawood.

2. I am knowledgeable about the wood and paper products purchased and sold by

this company. 3. This company does not currently purchase or sell wood or paper products having

their origins in tropical rainforests. In addition, this company will not, for the duration of its contract with the City of Berkeley, purchase or sell wood or paper products having their origins in tropical rainforests.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Signed: Date: Printed Name & Title: Company: I am unable to sign this disclosure form for the following reason(s):



FIRST SOURCE CONSTRUCTION AGREEMENT

EXHIBIT “A”

First Source Construction Agreement I certify that: I. I am authorized to enter into this agreement on behalf of the company whose name appears below

(“Contractor”). II. Contractor understands and agrees to comply with the City of Berkeley First Source Construction

Agreement. III. I choose Method One: check here ________

A. Contractor understands that selecting Method One agreement with the City of Berkeley means that Contractor agrees as follows:

1. To utilize the First Source Program Construction Employment Program as the first place for recruitment and referral of applicants for new and replacement workers.

2. To allow the First Source Program a minimum of seventy-two (72) hours to refer applicants to Contractors. (Contractor may apply to the City of Berkeley for a waiver of the seventy-two hour requirement for an emergency situation.)

3. To employ qualified applicants referred by the First Source Program.

4. To fully document the reason(s) for not hiring persons referred by the First Source Program.

5. To provide to the First Source Program, upon request, information on the employment status of

First Source Program placements, and reason for separation if employee is terminated.

B. Should the First Source Program be unable to provide the employees needed, Contractor or subcontractor is relieved of its obligation to achieve the goals of the First Source Program.

1. No documentation of “good Faith Effort Steps” would be required of Contractor and subcontractors

2. No penalty would be assessed.

C. Contractor must go back to the First Source Program whenever its employment needs increase, to comply with the First Source Program.

D. Should Contractor or a listed subcontractor fail to comply with the First Source Program, Contractor shall be liable for liquidated damages in the amount of $1,000 or 1% of the contract amount for each day of non-compliance. In addition, Contractor or listed subcontractor may be deemed a non- responsible bidder in connection with future City of Berkeley contracts.

First Source Construction Agreement City of Berkeley – Contracting Policy

(11-02) 00680-7


IV I choose Method Two: check here ______

A. Should the contractor choose Method Two, Contractor can use any means of hiring Berkeley residents to achieve the goal. This also can include using union hiring halls requesting in writing for Berkeley residents. A copy must be sent to the First Source Program.

B. Should Contractor or subcontractor fail to achieve the goals at any time during the course of this project, Contractor or listed subcontractor will be required to document compliance with each of the “good Faith Effort Steps” listed in the First Source Program description document.

C. Should Contractor or a listed subcontractor fail to comply with the First Source Program, Contractor shall be liable for liquidated damages in the amount of $1,000 or 1% of the contract amount for each day of non-compliance. In addition, Contractor or listed subcontractor may be deemed a non- responsible bidder in connection with future City of Berkeley contracts.

Company Name

Owner / Authorized Representative Signature

Address

Printed Name of Owner / Authorized Representative

Telephone Number

First Source Construction Agreement City of Berkeley – Contracting Policy

(11-02) 00680-8


Certification of Compliance With Equal Benefits Ordinance



Certification of Compliance With Equal Benefits Ordinance City of Berkeley – Contracting Policy

(11-02) 00680-10


TAXPAYER IDENTIFICATION REPORT NAME/COMPANY'S NAME: MAILING ADDRESS: SOCIAL SECURITY NO.: OR EMPLOYER IDENTIFICATION NO.: My Company is a Corporation [ ] My Company is not a Corporation [ ] I certify that the above information is true and correct: (Signature) (Title) The Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248) requires the above reporting information be furnished to the City. Persons who do not furnish their tax information numbers become subject to backup withholding by the City at a rate of 20% from each disbursement made to the recipient.



CITY OF BERKELEY RIGHT TO AUDIT FORM

The Contractor agrees that pursuant to Section 61 of the Berkeley City Charter, the City Auditor's office may conduct an audit of Contractor's financial, performance and compliance records maintained in connection with the operations and services performed under this contract. In the event of such audit, Contractor agrees to provide the Auditor with reasonable access to Contractor's employees and make all such financial, performance and compliance records available to the Auditor's office. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed. Contractor's signature _____________________________ Date: _________________ Print Name and Title: ______________________________________________________ Company: _____________________________________________________________

END OF DOCUMENT



DOCUMENT 00700

GENERAL CONDITIONS TABLE OF CONTENTS 1. General A. Documents B. Exercise Of Contract Responsibilities 2. Bidding A. Bid Submissions B. Investigation Prior To Bidding C. Subcontractors 3. Contract Award And Commencement Of The Work A. Award Of Contract B. Commencement Of Work 4. Bonds And Insurance A. Bonds B. Insurance 5. Drawings And Specifications A. Intent B. Drawing Details C. Interpretation Of Drawings And Specifications D. Checking Of Drawings E. Standards To Apply Where Detailed Specifications Are Not Furnished F. Deviations From Specifications And Drawings G. Precedence Of Documents H. Ownership And Use Of Drawings, Specifications And Other Contract Documents 6. Construction By City Or By Separate Contractors A. City's Right To Perform Construction And To Award Separate Contracts B. Mutual Responsibility C. Project Manager Authority Over Coordination 7. City And Payment A. City's Representatives B. Means And Methods Of Construction C. Receipt And Processing Of Applications For Payment 8. Control Of The Work A. Supervision Of Work By Contractor B. Observation Of Work By Project Manager And Architect/Engineer C. Access To Work Site D. Existing Utilities 9. Warranty, Guarantee And Inspection of Work A. Warranty And Guarantee B. Inspection Of Work C. Correction Of Defective Work

General Conditions (10-01) 00700 - 1


DOCUMENT 00701

ENVIRONMENTAL REQUIREMENTS

1. CLEANING UP. The Contractor shall not allow the site of the work to become littered with trash, rubbish, and

waste material but shall maintain the same in a neat and orderly condition throughout the construction period. The Project Manager shall have the right to determine what is or is not trash, rubbish or waste material and the place and manner of disposal.

The Contractor shall maintain a neat appearance to the work. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from surfaces to prevent marring or other damage. Broken concrete debris, and unsuitable excavated native soil during construction shall be disposed of concurrently with its removal. If stockpiling is necessary all debris shall be placed in trash bins daily and shall be removed or disposed of weekly. Any waste shall not be buried on the site or disposed of into storm drains, sanitary sewers, streams, or waterways. Forms or falsework that are to be re-used shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be re-used shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sidewalks, street area, parking strips, and driveway approaches must be kept reasonably clean at all times during construction and be completely and carefully cleaned after the work has progressed beyond the immediate vicinity to the satisfaction of the Project Manager. Reasonable cleanup is defined as no dust, rock, or mud on any portion of the public right-of-way or the private properties as a result of the Contractor's work.

2. DUST AND DEBRIS CONTROL. The Contractor shall be responsible for controlling dust in the air and rocks,

debris, mud or dirt which are scattered as a result of his operations on the job. The Contractor shall be responsible for cleaning all mud, rock, dust, dirt, and debris-producing materials that originate in the project area and are deposited on other public or private property by truck tires, spillages, or by other means. The Contractor shall have suitable and adequate street cleaning equipment on the project site at all times.

The Contractor shall begin cleanup operation at least one hour before the end of each day's work, clean all paved portions of the project and paved streets leading from the project that have dust-producing materials or debris deposited upon them. The work areas shall be swept clean at the end of each day's work and at other times when directed by the Project Manager. The Contractor shall endeavor, whenever possible, to restrict the use of water to control dust for his convenience in order to conserve water during drought situations or mandated rationing required by the Water Utility Company. Whenever flushing of streets or any other work is necessary, the Contractor shall provide filter materials at the catch basin to retain any debris and dirt flowing into the City's drainage system. The cost of the above work, including the providing of barricades, water and other materials, labor, and equipment shall be at the sole cost and expense of the Contractor. The Project Manager may determine that an emergency exists when dust, rocks, debris, mud, or dirt are scattered in the public right of way or in the private properties as a result of Contractor's activities and/or deterioration of such conditions due to rain. The emergency conditions may also be declared when traffic or the Contractor's equipment travelling through a job causes dust to fly or rocks, debris, mud, or dirt to be scattered. Similar emergency conditions may be determined by the Project Manager if the storage of materials, tools, or any other

Environmental Requirements

00701 - 1


equipment related to the project, in the public rights of way, is causing any obstruction or blocks access to the neighboring properties and/or dangerously placed without proper barricades and lights and/or backfill stockpiles or debris washing away into the street gutter and catchbasins.

3. EMERGENCY CLEANUP WORK. In any case in which the Contractor fails to satisfactorily complete the

cleanup work described in this section, the Project Manager or his representative may determine that an emergency exists. In the event an emergency is determined by the Project Manager, the Contractor shall immediately make available manual labor or mechanical equipment capable of handling the cleaning process. During such an emergency, City forces may be called upon to complete the cleanup work, or the City may contract for the cleanup work. All construction work shall be shut down during this cleanup work by the City/contract forces. The Project Manager may shut down further construction work until the violations are corrected to the satisfaction of the Project Manager. The cost of the work performed by City/Contract forces plus an additional 70% surcharge shall be paid by the Contractor by deduction from payment due him on the contract. No compensation shall be given to the Contractor for stoppage of work.

Such action by the Project Manager, however, shall not relieve the Contractor of his responsibility for any damages which may occur before, during or after such action has been taken by the Project Manager, and shall place no liability upon the City or the Project Manager.

4. FINAL CLEANING UP. Upon completion of the work, and before acceptance and final payment, the Contractor

shall clean the project areas and remove all surplus and discarded materials, falsework, rubbish and temporary structures and restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work, and shall leave the improvement in a neat and presentable condition throughout the entire length of the improvement under contract to the satisfaction of the Project Manager. If the Conditions as noted above are not corrected immediately, the Project Manager may declare an emergency and take necessary action in accordance with the Section Emergency Cleanup Work of this specification.

5. CLEAN UP AND SAFETY. Cleanup of work areas shall be in accordance with Paragraphs 1,Cleaning Up; 2,

Dust and Debris Control; 3, Emergency Cleanup Work; and 4, Final Cleaning Up of the this specification. In the event the Contractor fails to satisfactory comply with the requirements stated on the noted subsections and the Project Manager determines that an emergency exists, the Contractor will be notified by the Project Manager to correct the violation immediately. If the Contractor stockpiles granular material in the gutter, he must provide a minimum 4" pipe below the stockpile in the gutter to accommodate typical gutter flow. Any lumber or stockpiles on the site, not ready for immediate use, shall be free of nails or torn edges that may cause injury. Any materials stockpiled in the street and any open excavation shall have barricades equipped with operative automatic flashers placed at each end. The Contractor shall maintain a neat appearance at all times. All material removed shall be disposed of off-site in a legal manner. CLEANUP, DEBRIS AND DUST CONTROL SHALL BE A DAILY MAINTENANCE REQUIREMENT. AFTER A 24-HOUR NOTIFICATION TO THE CONTRACTOR FOR NON-COMPLIANCE OR DEFICIENCIES, THE CITY MAY REQUEST THE CITY CREWS OR CONTRACT ANOTHER CONTRACTOR TO PERFORM THE NECESSARY CLEANUP WORK. THE COST OF THE WORK PERFORMED BY CITY CREWS OR ANOTHER CONTRACTOR PLUS AN ADDITIONAL 70 PERCENT SURCHARGE SHALL BE PAID BY THE CONTRACTOR BY DEDUCTION FROM PAYMENT DUE ON THE CONTRACT. The Contractor must take special precautions to protect the public and City employees from bodily and property damage resulting from the work. Contractor must exercise all necessary precautions to ensure a safe execution of the work.

6 PROJECT SITE MAINTENANCE


00701 - 2


Water Pollution Control. The intent of these requirements is to enforce federal, state, and other local agencies' regulations that prohibit storm water pollution at construction sites. Storm drains discharge directly to creeks and the Bay without treatment, and discharge of pollutants (i.e., any substance, material, or waste other than uncontaminated storm water) into the storm drain system is strictly prohibited. In this section, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters, channels, watercourses, creeks, lakes, and the San Francisco Bay. For the purpose of eliminating storm water pollution, the Contractor shall implement effective control measures at construction sites. There are several publications that provide guidance on selecting and implementing effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of specific practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures and other management procedures to prevent the discharge of pollutants directly or indirectly to the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate storm water pollution. The reference publications are as follows: 1) California Storm Water Best Management Practice Handbook - Industrial/Commercial California Storm Water Best Management Practice Handbook - Construction Activity These handbooks may be purchased from Blue Print Service (BPS), 1700 Jefferson St, Oakland, CA 94612. 2) Manual of Standards for Erosion and Sediment Control Measures by the Association of Bay Area Governments (ABAG). 3) Heavy Equipment Operation, Fresh Concrete & Mortar Application, Painting & Application of Solvents & Adhesives, Roadwork & Paving Activities, General Construction & Site Supervision, Parking Lots and Finish the Pour Right These brochures are available, free of charge, at the Engineering Division, 1947 Center Street, 4th Floor, Berkeley, CA 94704.

7 STORMWATER POLLUTION CONTROL

7.01 Stormwater Pollution Control. The intent of these requirements is to comply with federal, state, and other local agencies’ regulations that prohibit non-stormwater discharges to storm drain sewer systems, creeks and San Francisco Bay. Storm drain sewers discharge directly to creeks and the Bay without treatment, and discharge of pollutants (any substance, material, or waste other than rainfall derived stormwater) into the storm drain sewer system is strictly prohibited. Further, the Contractor is informed that Federally Endangered species have been identified in creeks within the City Limits. The storm drain sewer system, pollutants, and other relevant information are further defined in Berkeley Municipal Code (BMC) Chapter 17.20 – DISCHARGE OF NON-STORMWATER INTO CITY’S STORM DRAIN SYSTEM – REDUCTION OF STORMWATER POLLUTION, and the City’s stormwater NPDES (National Pollutant Discharge Elimination System) Permit No. CA0029831. These documents are available upon request.

7.02 Best Management Practices (BMP) and Source Control. The contractor shall use appropriate BMPs and source control techniques on the site(s) at all times, regardless of time of year or rainfall conditions, in order to prohibit the discharge of pollutants into the storm drain sewer system, creeks, and Bay. 7.03 BMP and Source Control Plan, and Coordinator. The Contractor shall prepare a Plan showing the locations of all storm drain sewers, catch basins, inlets, outlets, culverts, and other conveyance systems. This plan shall identify each point of entry and show how each entry point will be protected from pollutants. The plan shall include a protocol for allowing the storm drain sewer system to function properly during rainfall events WHILE STILL PREVENTING the pollutants from entering the storm drain sewer system, creeks, and Bay. The contractor shall designate an individual (to be approved by the City) of sufficient authority to halt


00701 - 3


work and implement BMPs and source control measures for the Contractor and all sub-contractors, suppliers, and other personnel that may be at the Work, to prevent pollutant discharges from the Work. This individual shall be the contact person for all matters of the Work regarding stormwater pollution. The Plan shall include and show locations and describe protocols for the following but not limited to material storage, dewatering operations, pavement saw-cutting operations, pavement operations, concrete operations, grading and excavation operations, spill prevention and control, vehicle and equipment cleaning, vehicle and equipment operation and maintenance, litter control, dust control, pavement cleaning, construction waste management, standard details of BMPs, and training for all employees, subcontractors, suppliers, and any others involved with the Work. Where BMPs affect traffic or parking, they shall be show on the traffic control plans for the Work. The plan shall be updated to meet changing stages of the Work. 7.04 Training. Contractor is responsible for ensuring all personnel, laborers, sub-contractors, suppliers, and any other personnel that are involved with the Work are trained in the importance of preventing stormwater pollution. Each worker shall be trained or certified as being trained before being allowed to work. Before any work begins, the Contractor shall submit and certify under penalty of perjury a list of all workers who have been trained on the importance of pollution prevention, BMP and source control operation and maintenance, and the authority of the City to stop the work in the event of a pollutant release. The training shall include as a minimum review of the BMP and Source Control Plan, and all BMPs (including BMP operation and maintenance) that are planned for the Work. 22.05 Enforcement. The City has the authority through appropriate sections of the BMC to enforce any portions of this section. City enforcement may include but is not limited to: citations, orders to abate, bills for City cleanup costs and administration, civil suits, and criminal charges and enforcement. Enforcement action by the City does not void or suspend any enforcement actions by other agencies, and actions by the City and other agencies shall be cumulative. 7.06 Payment. There shall be no separate pay item for complying with the provisions of this section, unless a separate pay item is provided in the bid schedule. 8. CREEK PROTECTION The Contractor shall be responsible for and conduct all aspects of the work within the requirements of BMC Chapter 17.08 – PRESERVATION AND RESTORATION OF NATURAL WATERCOURSES (Creek Ordinance), and any other creek protection requirements by other agencies. Portions of the Work involving the creek channel may not be permitted between October 15 through April 15, or other dates as may be stipulated in applicable permits. Any work between the creek banks shall be conducted to not create conditions, which will allow erosion, and shall be fully restored to at least the same erosion resistant condition as before the work. Complying with the requirements of creek protection shall include but not be limited to scheduling the Work around any time periods prohibiting work within creek limits, installing erosion control measures and employing appropriate BMPs for controlling erosion, monitoring, updating and modifying BMPs to meet the requirements for changing site conditions to comply with erosion control and creek protection, replanting creek banks to reestablish erosion resistance and bank stability. 9. AUDIO/VIDEO TAPE SURVEY The Contractor shall perform a pre-construction audio/video tape survey in order to adequately document the condition of existing improvements and supplemented by still photographs as needed. It is the responsibility of the Contractor to adequately document the condition of existing improvements and the Contractor may be held liable for any damage or condition whose pre-existence he/she is unable to document. No additional compensation for such tape survey and still photographs will be allowed. 10. CONFORMANCE TO PLANS AND SPECIFICATIONS The Contractor’s work shall conform to these specifications.


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Upon notification of the Project Manager, the Contractor shall correct any deficiencies within 72 hours. The City may request the City crews or contract with another contractor to perform the necessary work and repairs if the deficiencies have not been corrected after the 72-hour notification. The Contractor shall pay the cost of the work performed by the City crews or other contractor plus an additional seventy percent (70%) surcharge by deduction from payment due on the contract.

END OF DOCUMENT


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DOCUMENT 00810 SUPPLEMENTAL GENERAL CONDITIONS PART 1 GENERAL 1.01 DESCRIPTION

This document includes requirements which supplement the sections of Document 00700 General Conditions. 1.02 SUPPLEMENTS

A. SUPPLEMENT TO PARAGRAPH 4 (Bonds and Insurance)

1. Subparagraph 4.B.1.a: Comprehensive general liability insurance coverage is $2,000,000 each occurrence Bodily Injury and $10,000,000 each occurrence Property Damage, with defense costs payable in addition to policy limits.

2. Subparagraph 4.B.1.b: Comprehensive automobile liability insurance is $2,000,000 each

person Bodily Injury, $2,000,000 each occurrence Bodily Injury and $2,000,000 each occurrence Property Damage.

3. Subparagraph 4.B.1.c: All-risk course of construction insurance amount is 100% of the

completed value of the work to be done under this contract. Deductible is $25,000.

4. Subparagraph 4.B.1.d: Environmental Liability Insurance is $1,000,000 each occurrence, subject to a $2,000,000 aggregate applicable to each job, with defense costs payable in addition to policy limits. The minimum deductible or self-insured retention permissible is $25,000 each occurrence.

5. Subparagraph 4.B.1.e: Employer Liability Insurance is $1,000,000 each accident, with

defense cost payable in addition to policy limits.

6. Not used.

PART 2 PRODUCTS

Not applicable to this section. PART 3 EXECUTION

Not applicable to this section.

PART 4 CDBG FEDERAL REQUIREMENTS:

A. Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations under the requirements of the Community Development Block Grant program (CFDA Number 14.218) from the federal Department of Housing and Urban Development.

B. Contractor shall observe and comply with all other applicable laws, ordinances, codes and regulations

of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services or any part thereof, including all provisions of the Occupational Safety and Health Act of 1979 and all amendments thereto, and all applicable federal, state, municipal, and local safety regulations. All services performed by Contractor must be in accordance with these

Supplemental General Conditions (10-01) 00810 - 1


laws, ordinances, codes, and regulations including but not limited to the following:

1. Equal Opportunity: During construction, there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

2. Minority and Women-Owned Contractors: Consistent with state and federal laws and regulations,

contractor shall take all necessary affirmative steps to use small business and minority- and women-owned business sources of supplies and services ((24 CFR 85.36(e) or 84.44(b))) and business concerns located in Berkeley or owned in substantial part by Berkeley residents.

3. Hazardous Materials: Contractor is required to keep and maintain the Property in compliance

with, and shall not cause or permit the Property to be in violation of any federal, state or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Contractor shall not use, generate, manufacture, store or dispose of on, under, or about the Property or transport to or from the Property any flammable explosives, radioactive materials, hazardous wastes, toxic substances or related materials, including without limitation, any substances defined as or included in the definition of "hazardous substances," hazardous wastes," "hazardous materials," or "toxic substances" under any applicable federal or state laws or regulations (collectively referred to hereinafter as "Hazardous Materials") except such of the foregoing as may be customarily used in construction of projects like the Project or kept and used in and about property of this type.

4. Environmental and Historic Preservation. Environmental review is triggered by reservation of a

federal funding source for community-facility, public services, and housing projects that are not otherwise exempt from federal environmental regulations. The City will work with Contractor to ensure its compliance with HUD Regulations at 24 CFR Part 58 including but not limited to compliance with all conditions and mitigation measures identified in the environmental review completed for the capital improvements contemplated by this Agreement. No work or choice limiting actions will be undertaken until required reviews have been completed and HUD has authorized release of funds.

5. Applicable OMB Circulars. The applicable policies, guidelines, and requirements of OMB

Circulars Nos. A-110, A-122, and A-133.

6. Debarred, Suspended or Ineligible Contractors. By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). No part of this contract shall be subcontracted to any person or firm ineligible for award of a United States Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

7. Civil Rights, Housing & Community Development, and Age Discrimination Acts. The Fair

Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. 100 et seq.; Title VI of the Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 50 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 C.F.R. 107; Executive Order 11246 as amended by Executive Orders 11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007; Executive Order 12432; Executive Order 12138 as amended by executive Order 12608.



8. Lead-Based Paint. The requirement of the Lead-Based Paint Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35. Such requirements prohibit the use of lead- based paint for construction, rehabilitation, or modernization of residential structures; mandate the elimination of immediate lead-based paint hazards in residential structures assisted with CDBG funds; and require the notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950 and assisted with CDBG funds.

9. Discrimination Against the Disabled. The requirements of Section 504 of the Rehabilitation Act of

1973 (29 U.S.C. 794), and federal regulations issued pursuant thereto, which prohibit discrimination against the disabled in any federally assisted program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), and the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto.

10. Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. 1859 et seq., the Federal

Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 C.F.R. Part 15, as amended from time to time.

11. Uniform Administrative Requirements. The requirements of 24 C.F.R. 507.502(b) regarding cost

and auditing requirements.

12. Training Opportunities. This contract is covered by the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project. Subcontractors awarded more than $100,000 in connection with the Section 3-covered construction activity must also comply with the Section 3 regulations referenced above. Contractor agrees to include the following language in all subcontracts greater than $100,000 executed under this Agreement: "The work to be performed under this agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project."

13. Labor Standards – Federal: The prevailing wage requirements of the Davis-Bacon Act and

implementing rules and regulations (40 U.S.C. 276a-276a-5); the Copeland "Anti-Kickback" Act (47 U.S.C. 276(c)) which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA (40 U.S.C. 327-333) which requires that workers receive "overtime" compensation at a rate of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1) week; the Fair Labor Standards Act of 1938, as Amended (20 U.S.C. 201, et seq.) which provides minimum wage levels, overtime pay for more than forty hours per week, record keeping, and established child labor standards; the Housing and Community Development Act of 1974, as Amended (section 110) which requires all mechanics employed by Contractor or Subcontractors on CDBG funded or CDBG assisted construction contracts in excess of $2,000 to be paid wages no less than those prescribed by the Department of Labor and in accordance with Davis Bacon Related Acts; and Title 29, Code of Federal Regulations, Subtitle A, parts 1.3 and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and



enforcement of the Davis-Bacon Act, as amended. Compliance is also required as outlined in the attached HUD Form 4010, Federal Labor Standards Provisions.

Section 1771, et seq. of the Labor Code, the general prevailing wage rates in the county, in which the work is to be done as determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. If there is a difference between the minimum wage rates predetermined by the (federal) Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. If no federal funds are used on this contract, Contractor shall only be obligated to comply with Section 1771 et seq. of the Labor Code.

14. Drug Free Workplace. The requirements of the Drug Free Workplace Act of 1988 (P.L. 100-690)

and implementing regulations at 24 C.F.R. Part 24.

15. Anti-Lobbying; Disclosure Requirements. The disclosure requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R. part 87.

16. Flood Disaster Protection Act. Use of contract funds for acquisition or construction in an area

identified as having special flood hazards shall be subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234), including the mandatory purchase of flood insurance in accordance with the requirements of Section 102(a) of said Act.

17. HUD Regulations. Any other HUD regulations present or as may be amended, added, or waived

in the future pertaining to the contract funds, including but not limited to HUD regulations as may be promulgated regarding subrecipients.

C. Contractor shall release, defend, indemnify, and hold City, its officers, agents, volunteers, and employees harmless from any and all damages, liability, fines, penalties, and consequences from any noncompliance or violation of such laws, ordinances, codes and regulations.

D. If a death, serious personal injury, or substantial property damage occurs in connection with the

performance of this Agreement, Contractor shall immediately notify the City's Employee Relations Officer by telephone. Contractor shall promptly submit to City a written report, in such form as may be required by City, of all accidents which occur in connection with this contract. This report shall include the following information: (1) name and address of the injured or deceased person(s), (2) name and address of Contractor's subcontractor, if any, (3) name and address of Contractor's liability insurance carrier, and (4) a detailed description of the accident and whether any of City's equipment, tools, or materials were involved.

E. Contractor shall provide the City with a Dun and Bradstreet Data Universal Numbering System number

(DUNS) (register at http://www.grants.gov/applicants/request_duns_number.jsp) and a Central Contractor Registration Number (register at http://www.ccr.gov/startregistration.aspx) prior to execution of the contract.

F. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions


http://www.dir.ca.gov/DLSR/PWD

http://www.grants.gov/applicants/request_duns_number.jsp

http://www.ccr.gov/startregistration.aspx


contained in this clause, and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions.

END OF DOCUMENT


Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete

Page 1 of 5

form HUD-4010 (06/2009) ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work covered by this contract pertains is being assisted by the United States of America and the fol lowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appl icable to such Federal assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, wi l l be paid uncondit ional ly and not less often than once a week, and without subsequent deduct ion or rebate on any account (except such payrol l deduct ions as are permit ted by regulat ions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fu l l amount of wages and bona f ide fr inge benefi ts (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determinat ion of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relat ionship which may be al leged to exist between the contractor and such laborers and mechanics. Contribut ions made or costs reasonably ant ic ipated for bona f ide fr inge benef i ts under Sect ion l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contribut ions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the part icular weekly period, are deemed to be construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate wage rate and fr inge benefi ts on the wage determinat ion for the classif icat ion of work actual ly performed, without regard to ski l l , except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classif icat ion may be compensated at the rate specif ied for each classif icat ion for the t ime actual ly worked therein: Provided, That the employer’s payrol l records accurately set forth the t ime spent in each classif icat ion in which work is performed. The wage determinat ion (including any addit ional c lassif icat ion and wage rates conformed under 29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-1321) shal l be posted at al l t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easi ly seen by the workers.

(i i ) (a) Any class of laborers or mechanics which is not l isted in the wage determinat ion and which is to be employed under the contract shal l be classif ied in conformance with the wage determinat ion. HUD shal l approve an addit ional c lassif icat ion and wage rate and fr inge benefi ts therefor only when the fol lowing cri ter ia have been met:

(1) The work to be performed by the classif icat ion requested is not performed by a classif icat ion in the wage determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the construct ion industry; and

(3) The proposed wage rate, including any bona f ide fr inge benefi ts, bears a reasonable relat ionship to the wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be employed in the classif icat ion (i f known), or their representat ives, and HUD or i ts designee agree on the classif icat ion and wage rate (including the amount designated for fr inge benefi ts where appropriate), a report of the act ion taken shal l be sent by HUD or i ts designee to the Administrator of the Wage and Hour Divis ion, Employment Standards Administrat ion, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representat ive, wi l l approve, modify, or disapprove every addit ional c lassif icat ion act ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to be employed in the classif icat ion or their representat ives, and HUD or i ts designee do not agree on the proposed classif icat ion and wage rate (including the amount designated for f r inge benefi ts, where appropriate), HUD or i ts designee shal l refer the quest ions, including the views of al l interested part ies and the recommendation of HUD or i ts designee, to the Administrator for determinat ion. The Administrator, or an authorized representat ive, wi l l issue a determinat ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fr inge benefi ts where appropriate) determined pursuant to subparagraphs (1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l workers performing work in the classif icat ion under th is contract from the f irst day on which work is performed in the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fr inge benefi t which is not expressed as an hourly rate, the contractor shal l ei ther pay the benefi t as stated in the wage determinat ion or shal l pay another bona f ide fr inge benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part

Previous editions are obsolete Page 2 of 5


of the wages of any laborer or mechanic the amount of any costs reasonably ant ic ipated in providing bona f ide fr inge benefi ts under a plan or program, Provided, That the Secretary of Labor has found, upon the writ ten request of the contractor, that the appl icable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obl igat ions under the plan or program. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federal ly-assisted contract subject to Davis-Bacon prevai l ing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprent ices, trainees and helpers, employed by the contractor or any subcontractor the ful l amount of wages required by the contract In the event of fai lure to pay any laborer or mechanic, including any apprent ice, trainee or helper, employed or working on the site of the work, al l or part of the wages required by the contract, HUD or i ts designee may, after wr i t ten not ice to the contractor, sponsor, appl icant, or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unt i l such violat ions have ceased. HUD or i ts designee may, after wri t ten not ice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respect ive employees to whom they are due. The Comptrol ler General shal l make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrol ls and basic records relat ing thereto shal l be maintained by the contractor during the course of the work preserved for a period of three years thereafter for al l laborers and mechanics working at the si te of the work. Such records shal l contain the name, address, and social secur i ty number of each such worker, his or her correct c lassif icat ion, hourly rates of wages paid (including rates of contribut ions or costs ant ic ipated for bona f ide fr inge benefi ts or cash equivalents thereof of the types described in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and weekly number of hours worked, deduct ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ant ic ipated in providing benefi ts under a plan or program described in Sect ion l(b)(2)(B) of the Davis-Bacon Act, the contractor shal l maintain records which show that the commitment to provide such benefi ts is enforceable, that the plan or program is f inancial ly responsible, and that the plan or program has been

communicated in writ ing to the laborers or mechanics affected, and records which show the costs ant ic ipated or the actual cost incurred in providing such benefi ts. Contractors employing apprent ices or trainees under approved programs shal l maintain wr it ten evidence of the registrat ion of apprent iceship programs and cert i f icat ion of trainee programs, the registrat ion of the apprent ices and trainees, and the rat ios and wage rates prescribed in the appl icable programs. (Approved by the Off ice of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week in which any contract work is performed a copy of al l payrol ls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. The payrol ls submitted shal l set out accurately and completely al l of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l social securi ty numbers and home addresses shal l not be included on weekly transmittals. Instead the payrol ls shal l only need to include an individual ly ident i fying number for each employee (e.g., the last four digits of the employee’s social securi ty number). The required weekly payrol l information may be submitted in any form desired. Optional Form WH-347 is avai lable for th is purpose from the Wage and Hour Divis ion Web site at http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrol ls by al l subcontractors. Contractors and subcontractors shal l maintain the ful l social securi ty number and current address of each covered worker, and shal l provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the Wage and Hour Divis ion of the Department of Labor for purposes of an invest igat ion or audit of compliance with prevai l ing wage requirements. I t is not a violat ion of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social securi ty numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a “Statement of Compliance,” s igned by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i ), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;

http://www.dol.gov/esa/whd/forms/wh347instr.htm�



(2) That each laborer or mechanic (including each helper, apprent ice, and trainee) employed on the contract during the payrol l period has been paid the ful l weekly wages earned, without rebate, either di rect ly or indi rect ly, and that no deduct ions have been made either di rect ly or indirect ly from the ful l wages earned, other than permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the appl icable wage rates and fr inge benefi ts or cash equivalents for the classif icat ion of work performed, as specif ied in the appl icable wage determinat ion incorporated into the contract.

(c) The weekly submission of a properly executed cert i f icat ion set forth on the reverse side of Optional Form WH-347 shal l sat isfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may subject the contractor or subcontractor to civi l or c riminal prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion 231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the records required under subparagraph A.3.(i) avai lable for inspect ion, copying, or transcript ion by authorized representat ives of HUD or i ts designee or the Department of Labor, and shal l permit such representat ives to interview employees during working hours on the job. I f the contractor or subcontractor fai ls to submit the required records or to make them avai lable, HUD or i ts designee may, after wri t ten not ice to the contractor, sponsor, appl icant or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, fai lure to submit the required records upon request or to make such records avai lable may be grounds for debarment act ion pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i ) Apprentices. Apprent ices wil l be permit ted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual ly registered in a bona f ide apprent iceship program registered with the U.S. Department of Labor, Employment and Training Administrat ion, Off ice of Apprent iceship Training, Employer and Labor Services, or with a State Apprent iceship Agency recognized by the Off ice, or i f a person is employed in his or her f i rst 90 days of probat ionary employment as an apprent ice in such an apprent iceship program, who is not individual ly registered in the program, but who has been cert i f ied by the Off ice of Apprent iceship Training, Employer and Labor Services or a State Apprent iceship Agency (where appropriate) to be el igible for probat ionary employment as an apprent ice. The al lowable rat io of apprent ices to journeymen on the job site in any craft c lassif icat ion shal l not be greater than the rat io permit ted to the contractor as to the ent ire work force under the registered program. Any worker l isted on a payrol l at an apprent ice wage rate, who

is not registered or otherwise employed as stated above, shal l be paid not less than the appl icable wage rate on the wage determinat ion for the classif icat ion of work actual ly performed. In addit ion, any apprent ice performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. Where a contractor is performing construct ion on a project in a local i ty other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the journeyman’s hourly rate) specif ied in the contractor’s or subcontractor’s registered program shal l be observed. Every apprent ice must be paid at not less than the rate specif ied in the registered program for the apprent ice’s level of progress, expressed as a percentage of the journeymen hourly rate specif ied in the appl icable wage determinat ion. Apprent ices shal l be paid fr inge benefi ts in accordance with the provisions of the apprent iceship program. I f the apprent iceship program does not specify fr inge benefi ts, apprent ices must be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion for the appl icable classif icat ion. I f the Administrator determines that a dif ferent pract ice prevai ls for the appl icable apprent ice classif icat ion, fr inges shal l be paid in accordance with that determinat ion. In the event the Off ice of Apprent iceship Training, Employer and Labor Services, or a State Apprent iceship Agency recognized by the Off ice, withdraws approval of an apprent iceship program, the contractor wi l l no longer be permit ted to ut i l ize apprent ices at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16, trainees wil l not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individual ly registered in a program which has received prior approval, evidenced by formal cert i f icat ion by the U.S. Department of Labor, Employment and Training Administrat ion. The rat io of t rainees to journeymen on the job site shal l not be greater than permit ted under the plan approved by the Employment and Training Administrat ion. Every trainee must be paid at not less than the rate specif ied in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specif ied in the appl icable wage determinat ion. Trainees shal l be paid fr inge benefi ts in accordance with the provisions of the trainee program. I f the trainee program does not mention fr inge benefi ts, t rainees shal l be paid the ful l amount of f r inge benefi ts l isted on the wage determinat ion unless the Administrator of the Wage and Hour Divis ion determines that there is an apprent iceship program associated with the corresponding journeyman wage rate on the wage determinat ion which provides for less than ful l f r inge benefi ts for apprent ices. Any employee l isted on the payrol l at a trainee rate who is not registered and part ic ipat ing in a training plan approved by



the Employment and Training Administrat ion shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In addit ion, any trainee performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. In the event the Employment and Training Administrat ion withdraws approval of a tra ining program, the contractor wi l l no longer be permit ted to ut i l ize trainees at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of apprent ices, trainees and journeymen under 29 CFR Part 5 shal l be in conformity with the equal employment opportunity requirements of Execut ive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shal l comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in th is paragraph A and such other clauses as HUD or i ts designee may by appropr iate instruct ions require, and a copy of the appl icable prevai l ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for the compliance by any subcontractor or lower t ier subcontractor with al l the contract c lauses in this paragraph.

7. Contract termination; debarment. A breach of the contract c lauses in 29 CFR 5.5 may be grounds for terminat ion of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rul ings and interpretat ions of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes aris ing out of the labor standards provisions of this contract shal l not be subject to the general disputes clause of this contract. Such disputes shal l be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this c lause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U.S. Department of Labor, or the employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is contract the contractor cert i f ies that neither i t (nor he or she) nor any person or f i rm who has an interest in the contractor’s f i rm is a person or f i rm inel igible to be awarded Government contracts by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any person or f i rm inel igible for award of a Government contract by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly, U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C., “Federal Housing Administrat ion transact ions”, provides in part : “Whoever, for the purpose of . . . inf luencing in any way the act ion of such Administrat ion.. . . . makes, utters or publ ishes any statement knowing the same to be false. . . . . shal l be f ined not more than $5,000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are appl icable shal l be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or inst i tuted or caused to be inst i tuted any proceeding or has test i f ied or is about to test i fy in any proceeding under or relat ing to the labor standards appl icable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidated damages. In the event of any violat ion of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal l be l iable for the unpaid wages. In addit ion, such contractor and subcontractor shal l be l iable to the United States (in the case of work done under contract for the District of Columbia or a terri tory, to such District or to such terri tory), for l iquidated damages. Such l iquidated damages shal l be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violat ion of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph.



(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federal ly-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to sat isfy any l iabi l i t ies of such contractor or subcontractor for unpaid wages and l iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shal l be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in surroundings or under working condit ions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct ion safety and heal th standards promulgated by the Secretary of Labor by regulat ion.

(2) The Contractor shal l comply with al l regulat ions issued by the Secretary of Labor pursuant to Tit le 29 Part 1926 and fa i lure to comply may result in imposit ion of sanct ions pursuant to the Contract Work Hours and Safety Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC 3701 et seq.

(3) The contractor shal l include the provisions of this paragraph in every subcontract so that such provisions wi l l be binding on each subcontractor. The contractor shal l take such act ion with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shal l di rect as a means of enforcing such provisions.

General Decision Number: CA160029 04/29/2016 CA29

Superseded General Decision Number: CA20150029

State: California

Construction Types: Building, Heavy (Heavy and Dredging) and Highway

Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 02/26/2016 3 03/04/2016 4 03/18/2016 5 04/29/2016

ASBE0016-004 01/01/2015

AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS &

Page 1 of 70

5/24/2016http://www.wdol.gov/wdol/scafiles/davisbacon/CA29.dvb?v=5

TOULMNE COUNTIES

AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA CLARA COUNTIES

Rates Fringes

Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) Area 1......................$ 28.30 7.75 Area 2......................$ 32.38 7.75 ---------------------------------------------------------------- ASBE0016-008 01/01/2015

AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ

AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAU, & TUOLUMNE

Rates Fringes

Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems) Area 1......................$ 59.38 19.83 Area 2......................$ 44.05 18.62 ---------------------------------------------------------------- BOIL0549-001 01/01/2013

AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES

Page 2 of 70


AREA 2: REMAINING COUNTIES

Rates Fringes

BOILERMAKER Area 1......................$ 42.06 33.43 Area 2......................$ 38.37 31.32 ---------------------------------------------------------------- BRCA0003-001 08/01/2013

Rates Fringes

MARBLE FINISHER..................$ 28.05 14.01 ---------------------------------------------------------------- BRCA0003-003 08/01/2013

Rates Fringes

MARBLE MASON.....................$ 39.30 22.48 ---------------------------------------------------------------- BRCA0003-005 05/01/2015

Rates Fringes

BRICKLAYER ( 1) Fresno, Kings, Madera, Mariposa, Merced....$ 36.18 20.14 ( 7) San Francisco, San Mateo.......................$ 39.99 24.75 ( 8) Alameda, Contra Costa, San Benito, Santa Clara.......................$ 41.80 20.65 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne....................$ 37.31 19.73 (16) Monterey, Santa Cruz...$ 38.62 22.64 ---------------------------------------------------------------- BRCA0003-008 07/01/2013

Rates Fringes

TERRAZZO FINISHER................$ 33.15 13.93 TERRAZZO WORKER/SETTER...........$ 39.95 24.39 ---------------------------------------------------------------- BRCA0003-011 04/01/2015

Page 3 of 70


AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz

AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne

AREA 3: Fresno, Kings, Madera, Mariposa, Merced

Rates Fringes

TILE FINISHER Area 1......................$ 23.49 12.32 Area 2......................$ 23.31 12.90 Area 3......................$ 23.15 11.96 Tile Layer Area 1......................$ 41.87 13.55 Area 2......................$ 37.71 14.19 Area 3......................$ 33.13 13.59 ---------------------------------------------------------------- CARP0022-001 07/01/2015

San Francisco County

Rates Fringes

Carpenters Bridge Builder/Highway Carpenter...................$ 42.40 25.98 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 42.55 25.98 Journeyman Carpenter........$ 42.40 25.98 Millwright..................$ 42.50 27.38 ---------------------------------------------------------------- CARP0034-001 07/01/2014

Rates Fringes

Diver Assistant Tender, ROV Tender/Technician...........$ 39.60 30.73 Diver standby...............$ 44.56 30.73 Diver Tender................$ 43.56 30.73

Page 4 of 70


Diver wet...................$ 89.12 30.73 Manifold Operator (mixed gas)........................$ 48.56 30.73 Manifold Operator (Standby).$ 43.56 30.73

DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot

SATURATION DIVING: The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.

DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48" in height, the premium will be $1.00 per foot.

WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.

---------------------------------------------------------------- CARP0034-003 07/01/2014

Rates Fringes

Piledriver.......................$ 40.60 30.73 ---------------------------------------------------------------- CARP0035-007 07/01/2015

AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties

AREA 2: Monterey, San Benito, Santa Cruz Counties

Page 5 of 70


AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties

Rates Fringes

Modular Furniture Installer Area 1 Installer I................$ 24.26 17.67 Installer II...............$ 20.83 18.67 Lead Installer.............$ 27.71 18.17 Master Installer...........$ 31.93 18.17 Area 2 Installer I................$ 21.61 17.67 Installer II...............$ 18.66 17.67 Lead Installer.............$ 24.58 18.17 Master Installer...........$ 28.21 19.35 Area 3 Installer I................$ 20.66 18.85 Installer II...............$ 17.89 18.85 Lead Installer.............$ 23.46 18.17 Master Installer...........$ 30.48 17.67 ---------------------------------------------------------------- CARP0035-008 08/01/2014

AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties

AREA 2: Monterey, San Benito, Santa Cruz Counties

AREA 3: San Joaquin

AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties

Rates Fringes

Drywall Installers/Lathers: Area 1......................$ 40.35 27.97 Area 2......................$ 34.47 27.97 Area 3......................$ 34.97 27.97 Area 4......................$ 33.62 27.97 Drywall Stocker/Scrapper Area 1......................$ 20.18 16.30 Area 2......................$ 17.24 16.30

Page 6 of 70


Area 3......................$ 17.49 16.30 Area 4......................$ 16.81 16.30 ---------------------------------------------------------------- CARP0152-001 07/01/2014

Contra Costa County

Rates Fringes


San Joaquin County

Rates Fringes


Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties

Rates Fringes

Carpenters Bridge Builder/Highway Carpenter...................$ 40.35 27.53

Page 7 of 70


Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 33.27 27.53 Journeyman Carpenter........$ 33.12 27.53 Millwright..................$ 35.62 29.12 ---------------------------------------------------------------- CARP0217-001 07/01/2015

San Mateo County

Rates Fringes


Santa Clara County

Rates Fringes


San Benito County

Page 8 of 70


Rates Fringes


Santa Cruz County

Rates Fringes


Monterey County

Rates Fringes

Carpenters Bridge Builder/Highway Carpenter...................$ 42.40 25.98 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 36.67 25.98 Journeyman Carpenter........$ 36.52 25.98 Millwright..................$ 39.02 27.38

Page 9 of 70


---------------------------------------------------------------- CARP0701-001 07/01/2015

Fresno and Madera Counties

Rates Fringes


Alameda County

Rates Fringes


Kings County

Rates Fringes

Carpenters Bridge Builder/Highway Carpenter...................$ 40.35 27.53 Hardwood Floorlayer, Shingler, Power Saw

Page 10 of 70


Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 33.27 27.53 Journeyman Carpenter........$ 33.12 27.53 Millwright..................$ 35.62 29.12 ---------------------------------------------------------------- ELEC0006-004 12/01/2015

SAN FRANCISCO COUNTY

Rates Fringes

Sound & Communications Installer...................$ 34.82 17.85 Technician..................$ 39.65 17.99

SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems.

FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician.

---------------------------------------------------------------- ELEC0006-007 06/01/2015


Rates Fringes

ELECTRICIAN......................$ 61.25 29.80

Page 11 of 70


---------------------------------------------------------------- ELEC0100-002 06/01/2015

FRESNO, KINGS, AND MADERA COUNTIES

Rates Fringes

ELECTRICIAN......................$ 34.50 20.09 ---------------------------------------------------------------- ELEC0100-005 12/01/2015

FRESNO, KINGS, MADERA

Rates Fringes

Communications System Installer...................$ 30.24 16.91 Technician..................$ 34.43 17.03

SCOPE OF WORK Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems.

A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground music, Intercom and telephone interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems, Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical entertainment systems, RF systems, Antennas and Wave Guide,

B. FIRE ALARM SYSTEMS Installation, wire pulling and testing

C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV

Page 12 of 70


D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment

E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems, VSAT Data Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems

WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit.

---------------------------------------------------------------- ELEC0234-001 05/25/2015

MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES

Rates Fringes

ELECTRICIAN Zone A......................$ 42.15 23.36 Zone B......................$ 46.37 23.50

Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line

Zone B: Any area outside of Zone A

Page 13 of 70


---------------------------------------------------------------- ELEC0234-003 12/01/2015

MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES

Rates Fringes




---------------------------------------------------------------- ELEC0302-001 02/09/2016

CONTRA COSTA COUNTY

Rates Fringes

CABLE SPLICER....................$ 54.17 26.23 ELECTRICIAN......................$ 47.76 26.03 ---------------------------------------------------------------- ELEC0302-003 12/01/2015

CONTRA COSTA COUNTY

Page 14 of 70


Rates Fringes




---------------------------------------------------------------- ELEC0332-001 06/01/2015

SANTA CLARA COUNTY

Rates Fringes

CABLE SPLICER....................$ 65.57 32.19 ELECTRICIAN......................$ 57.02 31.94

FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, "Bosun's chairs," or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described above):

Page 15 of 70


to be paid twice the straight-time rate of pay.

---------------------------------------------------------------- * ELEC0332-003 11/30/2015

SANTA CLARA COUNTY

Rates Fringes




---------------------------------------------------------------- ELEC0595-001 06/01/2015

ALAMEDA COUNTY

Rates Fringes

CABLE SPLICER....................$ 56.70 33.55 ELECTRICIAN......................$ 50.40 33.36 ---------------------------------------------------------------- ELEC0595-002 06/01/2015

Page 16 of 70


CALAVERAS AND SAN JOAQUIN COUNTIES

Rates Fringes

CABLE SPLICER....................$ 39.09 25.68 ELECTRICIAN (1) Tunnel work.............$ 36.49 25.48 (2) All other work.........$ 34.75 25.35 ---------------------------------------------------------------- ELEC0595-006 06/01/2015

ALAMEDA COUNTY

Rates Fringes




---------------------------------------------------------------- ELEC0595-008 12/01/2014


Page 17 of 70


Rates Fringes




---------------------------------------------------------------- ELEC0617-001 06/01/2015

SAN MATEO COUNTY

Rates Fringes

ELECTRICIAN......................$ 53.90 30.50 ---------------------------------------------------------------- ELEC0617-003 12/01/2015

SAN MATEO COUNTY

Rates Fringes

Sound & Communications Installer...................$ 34.32 17.33

Page 18 of 70


Technician..................$ 39.08 17.47



---------------------------------------------------------------- ELEC0684-001 12/01/2015

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES

Rates Fringes

ELECTRICIAN......................$ 36.00 21.01

CABLE SPLICER = 110% of Journeyman Electrician ---------------------------------------------------------------- ELEC0684-004 12/01/2015


Rates Fringes


SCOPE OF WORK: Including any data system whose only function

Page 19 of 70


is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems.


---------------------------------------------------------------- ELEC1245-001 06/01/2015

Rates Fringes

LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 52.85 15.53 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 42.21 14.32 (3) Groundman...............$ 32.28 14.03 (4) Powderman...............$ 47.19 14.60

HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day

---------------------------------------------------------------- ELEV0008-001 01/01/2015

Page 20 of 70


Rates Fringes

ELEVATOR MECHANIC................$ 60.39 28.38

FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.

---------------------------------------------------------------- ENGI0003-008 07/01/2013

Rates Fringes

Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: (1) Leverman...............$ 40.53 27.81 (2) Dredge Dozer; Heavy duty repairman.............$ 35.57 27.81 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 34.45 27.81 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 31.15 27.81 AREA 2: (1) Leverman...............$ 42.53 27.81 (2) Dredge Dozer; Heavy duty repairman.............$ 37.57 27.81 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 36.45 27.81 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 33.15 27.81

AREA DESCRIPTIONS

AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

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NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES

AREA 2: MODOC COUNTY

THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder

CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern part

COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder

ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder

FRESNO COUNTY: Area 1: Remainder Area 2: Eastern part

GLENN COUNTY: Area 1: Eastern part Area 2: Remainder

LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder

MADERA COUNTY: Area 1: Except Eastern part Area 2: Eastern part

MARIPOSA COUNTY Area 1: Except Eastern part Area 2: Eastern part

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MONTERREY COUNTY Area 1: Except Southwestern part Area 2: Southwestern part

NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder

PLACER COUNTY: Area 1: Al but the Central portion Area 2: Remainder

PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder

SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder

SIERRA COUNTY: Area 1: Western part Area 2: Remainder

SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder

SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Remainder

TEHAMA COUNTY: Area 1: All but the Western border with Mendocino & Trinity Counties Area 2: Remainder

TRINITY COUNTY: Area 1: East Central part and the Northeastern border with Shasta County Area 2: Remainder

TUOLUMNE COUNTY: Area 1: Except Eastern part Area 2: Eastern part

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---------------------------------------------------------------- ENGI0003-018 06/30/2014

"AREA 1" WAGE RATES ARE LISTED BELOW

"AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES.

SEE AREA DEFINITIONS BELOW

Rates Fringes

OPERATOR: Power Equipment (AREA 1:) GROUP 1.....................$ 39.85 27.44 GROUP 2.....................$ 38.32 27.44 GROUP 3.....................$ 36.84 27.44 GROUP 4.....................$ 35.46 27.44 GROUP 5.....................$ 34.19 27.44 GROUP 6.....................$ 32.87 27.44 GROUP 7.....................$ 31.73 27.44 GROUP 8.....................$ 30.59 27.44 GROUP 8-A...................$ 28.38 27.44 OPERATOR: Power Equipment (Cranes and Attachments - AREA 1:) GROUP 1 Cranes.....................$ 40.73 27.44 Oiler......................$ 33.76 27.44 Truck crane oiler..........$ 37.33 27.44 GROUP 2 Cranes.....................$ 38.97 27.44 Oiler......................$ 33.50 27.44 Truck crane oiler..........$ 37.04 27.44 GROUP 3 Cranes.....................$ 37.23 27.44 Hydraulic..................$ 32.87 27.44 Oiler......................$ 33.26 27.44 Truck Crane Oiler..........$ 36.77 27.44 GROUP 4 Cranes.....................$ 34.19 27.44 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1

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Lifting devices............$ 41.07 27.44 Oiler......................$ 31.81 27.44 Truck crane oiler..........$ 34.09 27.44 GROUP 2 Lifting devices............$ 39.25 27.44 Oiler......................$ 31.54 27.44 Truck Crane Oiler..........$ 33.84 27.44 GROUP 3 Lifting devices............$ 37.57 27.44 Oiler......................$ 31.32 27.44 Truck Crane Oiler..........$ 33.55 27.44 GROUP 4 Lifting devices............$ 35.80 27.44 GROUP 5 Lifting devices............$ 34.50 27.44 GROUP 6 Lifting devices............$ 33.16 27.44 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes.....................$ 41.70 27.44 Oiler......................$ 32.15 27.44 Truck Crane Oiler..........$ 34.38 27.44 GROUP 2 Cranes.....................$ 39.93 27.44 Oiler......................$ 31.88 27.44 Truck Crane Oiler..........$ 34.16 27.44 GROUP 3 Cranes.....................$ 38.45 27.44 Hydraulic..................$ 32.67 27.44 Oiler......................$ 31.66 27.44 Truck Crane Oiler..........$ 33.89 27.44 GROUP 4 Cranes.....................$ 36.43 27.44 GROUP 5 Cranes.....................$ 35.13 27.44 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1....................$ 35.95 27.44 GROUP 1-A..................$ 38.32 27.44 GROUP 2....................$ 34.59 27.44 GROUP 3....................$ 33.36 27.44 GROUP 4....................$ 32.22 27.44 GROUP 5....................$ 31.08 27.44

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UNDERGROUND: GROUP 1....................$ 35.85 27.44 GROUP 1-A..................$ 38.32 27.44 GROUP 2....................$ 34.59 27.44 GROUP 3....................$ 33.26 27.44 GROUP 4....................$ 32.12 27.44 GROUP 5....................$ 30.98 27.44

FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.

GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c.

GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour)

GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer

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(mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment)

GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar

GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and

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supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Tractor; Self-loading chipper; Concrete barrier moving machine

GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader

GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity)

GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper

----------------------------------------------------------

ALL CRANES AND ATTACHMENTS

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GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons

GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane

GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under;

GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;

-----------------------------------------------------------

PILEDRIVERS

GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons

GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig

GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under

GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder

GROUP 5: Deck engineer

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GROUP 6: Deckhand; Fire tender

-------------------------------------------------------------

STEEL ERECTORS

GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons

GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane

GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under

GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder

GROUP 5: Boom cat

-------------------------------------------------------------- --

TUNNEL AND UNDERGROUND WORK

GROUP 1-A: Tunnel bore machine operator, 20' diameter or more

GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator

GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator

GROUP 3: Drill doctor; Mine or shaft hoist

GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman

GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator -----------------------------------------------------------

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AREA DESCRIPTIONS:

POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors]

AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES

AREA 2 - MODOC COUNTY

THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:


CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part


DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder


FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part


HUMBOLDT COUNTY:

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Area 1: Except Eastern and Southwestern parts Area 2: Remainder

LAKE COUNTY: Area 1: Southern part Area 2: Remainder


MADERA COUNTY Area 1: Remainder Area 2: Eastern part

MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part

MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder

MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part

NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder

PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder



SIERRA COUNTY:

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Area 1: Western part Area 2: Remainder


SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder

TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder

TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder

TULARE COUNTY; Area 1: Remainder Area 2: Eastern part

TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part

---------------------------------------------------------------- ENGI0003-019 07/01/2013

SEE AREA DESCRIPTIONS BELOW

Rates Fringes

OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 29.64 25.71 AREA 2.....................$ 31.64 25.71 GROUP 2 AREA 1.....................$ 26.04 25.71 AREA 2.....................$ 28.04 25.71 GROUP 3 AREA 1.....................$ 21.43 25.71

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AREA 2.....................$ 23.43 25.71

GROUP DESCRIPTIONS:

GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.

GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.

GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP.

AREA DESCRIPTIONS:

AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES

AREA 2 - MODOC COUNTY

THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:


CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part


DEL NORTE COUNTY:

Page 34 of 70


Area 1: Extreme Southwestern corner Area 2: Remainder


FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part


HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder

LAKE COUNTY: Area 1: Southern part Area 2: Remainder


MADERA COUNTY Area 1: Remainder Area 2: Eastern part

MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part

MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder

MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part

NEVADA COUNTY: Area 1: All but the Northern portion along the border of

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Sierra County Area 2: Remainder

PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder



SIERRA COUNTY: Area 1: Western part Area 2: Remainder


SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder

TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder

TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder

TULARE COUNTY; Area 1: Remainder Area 2: Eastern part

TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part

----------------------------------------------------------------

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IRON0377-002 01/01/2016

Rates Fringes

Ironworkers: Fence Erector...............$ 27.58 20.64 Ornamental, Reinforcing and Structural..............$ 34.00 29.20

PREMIUM PAY:

$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB


Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center


Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock

---------------------------------------------------------------- LABO0067-002 12/01/2015

AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES

AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIPOSA, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND YUBA COUNTIES

Page 37 of 70


Rates Fringes

Asbestos Removal Laborer Areas A & B.................$ 20.66 10.02 LABORER (Lead Removal) Area A......................$ 29.02 20.82 Area B......................$ 28.02 20.82

ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations.

---------------------------------------------------------------- LABO0067-006 06/30/2014

AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES

AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, EL DORADO, FRESNO, GLENN, KINGS, LASSEN, MADERA, MARIPOSA, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND YUBA COUNTIES

Rates Fringes

Laborers: (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 29.09 18.66 GROUP 1.....................$ 28.39 18.66 GROUP 1-a...................$ 28.61 18.66 GROUP 1-c...................$ 28.44 18.66 GROUP 1-e...................$ 28.94 18.66 GROUP 1-f...................$ 28.97 18.66 GROUP 1-g (Contra Costa County).....................$ 28.59 18.66 GROUP 2.....................$ 28.24 18.66 GROUP 3.....................$ 28.14 18.66

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GROUP 4.....................$ 21.83 18.66 See groups 1-b and 1-d under laborer classifications. Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 28.09 18.66 GROUP 1.....................$ 27.39 18.66 GROUP 1-a...................$ 27.61 18.66 GROUP 1-c...................$ 27.44 18.66 GROUP 1-e...................$ 27.94 18.66 GROUP 1-f...................$ 27.97 18.66 GROUP 2.....................$ 27.24 18.66 GROUP 3.....................$ 27.14 18.66 GROUP 4.....................$ 20.83 18.66 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA A:) GROUP 1.....................$ 29.35 18.66 GROUP 2.....................$ 28.85 18.66 GROUP 3.....................$ 28.26 18.66 GROUP 4.....................$ 28.14 18.66 Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA A:) GROUP 1.....................$ 28.39 18.66 GROUP 2.....................$ 28.24 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 28.14 18.66 (2) Establishment Warranty Period......................$ 21.83 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66

FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging

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scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below.

---------------------------------------------------------

LABORER CLASSIFICATIONS

CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill

GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;

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Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker

GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder

GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates.

GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding

GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed.

GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.

GROUP 1-f: Wire winding machine in connection with guniting

Page 41 of 70


or shot crete

GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters

GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches

GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)

GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection".

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--------------------------------------------------------

GUNITE LABORER CLASSIFICATIONS

GROUP 1: Structural Nozzleman

GROUP 2: Nozzleman, Gunman, Potman, Groundman

GROUP 3: Reboundman

GROUP 4: Gunite laborer

----------------------------------------------------------

WRECKING WORK LABORER CLASSIFICATIONS

GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)

GROUP 2: Semi-skilled wrecker (salvaging of other building materials)

---------------------------------------------------------------- LABO0073-002 06/30/2014


Rates Fringes

LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 27.14 19.03 Traffic Control Person I....$ 27.44 19.03 Traffic Control Person II...$ 24.94 19.03

TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions.

---------------------------------------------------------------- LABO0073-003 06/30/2014

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SAN JOAQUIN COUNTY

Rates Fringes

LABORER Mason Tender-Brick..........$ 31.11 17.34 ---------------------------------------------------------------- LABO0073-005 06/30/2014

Rates Fringes

Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49

TUNNEL AND SHAFT CLASSIFICATIONS

GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen

GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level)

GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house

GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)

GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman

----------------------------------------------------------------

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LABO0166-001 07/01/2006

ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes

Brick Tender.....................$ 25.91 14.65

FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional.

---------------------------------------------------------------- LABO0166-002 07/01/2007

SAN FRANCISCO AND SAN MATEO COUNTIES:

Rates Fringes

MASON TENDER, BRICK..............$ 26.93 16.50

FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage: $2.50 per day additional.

---------------------------------------------------------------- LABO0261-003 06/30/2014

SAN FRANCISCO AND SAN MATEO COUNTIES

Rates Fringes




Page 45 of 70


---------------------------------------------------------------- LABO0261-005 06/30/2014

SAN FRANCISCO AND SAN MATEO COUNTIES

Rates Fringes








---------------------------------------------------------------- LABO0270-003 06/30/2014

AREA A: SANTA CLARA

Page 46 of 70


AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES

Rates Fringes

LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A.....................$ 28.14 19.03 Area B.....................$ 27.14 19.03 Traffic Control Person I Area A.....................$ 28.44 19.03 Area B.....................$ 27.44 19.03 Traffic Control Person II Area A.....................$ 25.94 19.03 Area B.....................$ 24.94 19.03



---------------------------------------------------------------- LABO0270-004 06/30/2014

MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES

Rates Fringes





Page 47 of 70





---------------------------------------------------------------- LABO0270-005 07/01/2013

MONTEREY AND SAN BENITO COUNTIES

Rates Fringes


FRESNO, KINGS AND MADERA COUNTIES

Rates Fringes

LABORER (Brick) Mason Tender-Brick..........$ 31.11 17.34 ---------------------------------------------------------------- LABO0294-002 06/30/2014


Rates Fringes

LABORER (TRAFFIC CONTROL/LANE CLOSURE)

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Escort Driver, Flag Person..$ 27.14 19.03 Traffic Control Person I....$ 27.44 19.03 Traffic Control Person II...$ 24.94 19.03



---------------------------------------------------------------- LABO0294-005 06/30/2014


Rates Fringes






Page 49 of 70




---------------------------------------------------------------- LABO0304-002 06/30/2014

ALAMEDA COUNTY

Rates Fringes




---------------------------------------------------------------- LABO0304-003 06/30/2014

ALAMEDA COUNTY

Rates Fringes




Page 50 of 70






---------------------------------------------------------------- LABO0324-002 06/30/2014

CONTRA COSTA COUNTY

Rates Fringes




---------------------------------------------------------------- LABO0324-006 06/30/2014

CONTRA COSTA COUNTY

Page 51 of 70


Rates Fringes








---------------------------------------------------------------- LABO1130-002 06/30/2014

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES

Rates Fringes

LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 27.14 19.03

Page 52 of 70


Traffic Control Person I....$ 27.44 19.03 Traffic Control Person II...$ 24.94 19.03



---------------------------------------------------------------- LABO1130-003 06/30/2014

MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES

Rates Fringes






GROUP 4: Vibrator operator, pavement breaker; Bull gang -

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muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)


---------------------------------------------------------------- LABO1130-005 06/30/2014


Rates Fringes


SAN FRANCISCO AND SAN MATEO COUNTIES:

Rates Fringes

PLASTER TENDER...................$ 32.71 17.11

Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1414-007 08/05/2015

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE

Rates Fringes

Plasterer tender.................$ 32.71 17.11



Rates Fringes


Work on a swing stage scaffold: $1.00 per hour additional.

Page 54 of 70


---------------------------------------------------------------- LABO1414-010 08/05/2015

SANTA CLARA AND SANTA CRUZ COUNTIES

Rates Fringes

PLASTER TENDER 4 Stories and under.........$ 30.71 17.11 5 Stories and above.........$ 32.71 17.11


MONTEREY AND SAN BENITO COUNTIES

Rates Fringes


Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2015

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES

Rates Fringes

Painters:........................$ 36.45 21.48

PREMIUMS:

EXOTIC MATERIALS - $0.75 additional per hour. SPRAY WORK: - $0.50 additional per hour. INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures]

HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional

Page 55 of 70


---------------------------------------------------------------- PAIN0016-003 09/01/2015

AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES

AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES

Rates Fringes

Drywall Finisher/Taper AREA 1......................$ 42.37 21.33 AREA 2......................$ 38.24 19.93 ---------------------------------------------------------------- PAIN0016-012 01/01/2015

ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES

Rates Fringes

SOFT FLOOR LAYER.................$ 46.20 18.73 ---------------------------------------------------------------- PAIN0016-015 01/01/2015

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES

Rates Fringes

PAINTER Brush.......................$ 30.85 16.85

FOOTNOTES: SPRAY/SANDBLAST: $0.50 additional per hour. EXOTIC MATERIALS: $1.00 additional per hour. HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour.

Page 56 of 70


---------------------------------------------------------------- PAIN0016-022 01/01/2015


Rates Fringes

PAINTER..........................$ 40.07 21.48 ---------------------------------------------------------------- PAIN0169-001 01/01/2015

FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES:

Rates Fringes

GLAZIER..........................$ 34.83 19.75 ---------------------------------------------------------------- PAIN0169-005 01/01/2015

ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES

Rates Fringes

GLAZIER..........................$ 43.48 24.19 ---------------------------------------------------------------- PAIN0294-004 01/01/2015

FRESNO, KINGS AND MADERA COUNTIES

Rates Fringes

PAINTER Brush, Roller...............$ 25.67 15.68 Drywall Finisher/Taper......$ 30.47 16.81

FOOTNOTE: Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25 additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional.

---------------------------------------------------------------- PAIN0294-005 01/01/2015

Page 57 of 70


FRESNO, KINGS & MADERA

Rates Fringes

SOFT FLOOR LAYER.................$ 30.83 17.39 ---------------------------------------------------------------- PAIN0767-001 01/01/2015

CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes

GLAZIER..........................$ 33.79 22.49

PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

Employee rquired to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation.

---------------------------------------------------------------- PAIN1176-001 07/01/2014

HIGHWAY IMPR0VEMENT

Rates Fringes

Parking Lot Striping/Highway Marking: GROUP 1.....................$ 34.26 11.65 GROUP 2.....................$ 29.12 11.65 GROUP 3.....................$ 29.46 11.65

CLASSIFICATIONS

GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings

GROUP 2: Gamecourt & Playground Installer

GROUP 3: Protective Coating, Pavement Sealing

----------------------------------------------------------------

Page 58 of 70


PAIN1237-003 01/01/2015

CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes

SOFT FLOOR LAYER.................$ 31.79 14.93 ---------------------------------------------------------------- PLAS0066-002 07/01/2014

ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:

Rates Fringes

PLASTERER........................$ 35.34 24.21 ---------------------------------------------------------------- PLAS0300-001 07/01/2014

Rates Fringes

PLASTERER AREA 188: Fresno...........$ 29.44 22.26 AREA 224: San Benito, Santa Clara, Santa Cruz.....$ 31.59 22.26 AREA 295: Calaveras & San Joaquin Couonties...........$ 31.41 22.26 AREA 337: Monterey County..$ 30.52 22.26 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties...........$ 31.41 22.26 ---------------------------------------------------------------- PLAS0300-005 06/30/2014

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 30.00 22.07 ---------------------------------------------------------------- PLUM0038-001 07/01/2015


Rates Fringes

PLUMBER (Plumber,

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Steamfitter, Refrigeration Fitter)..........................$ 65.00 43.49 ---------------------------------------------------------------- PLUM0038-005 07/01/2015


Rates Fringes

Landscape/Irrigation Fitter (Underground/Utility Fitter).....$ 55.10 40.91 ---------------------------------------------------------------- PLUM0062-001 01/01/2016

MONTEREY AND SANTA CRUZ COUNTIES

Rates Fringes

PLUMBER & STEAMFITTER............$ 41.90 27.34 ---------------------------------------------------------------- PLUM0159-001 07/01/2015

CONTRA COSTA COUNTY

Rates Fringes

Plumber and steamfitter (1) Refrigeration...........$ 52.53 34.44 (2) All other work..........$ 53.42 34.44 ---------------------------------------------------------------- PLUM0246-001 01/01/2016

FRESNO, KINGS & MADERA COUNTIES

Rates Fringes


FRESNO, MERCED & SAN JOAQUIN COUNIES

Rates Fringes

PLUMBER (PIPE TRADESMAN).........$ 13.00 9.77

Page 60 of 70


PIPE TRADESMAN SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman

---------------------------------------------------------------- PLUM0342-001 07/01/2015

ALAMEDA & CONTRA COSTA COUNTIES

Rates Fringes

PIPEFITTER CONTRA COSTA COUNTY.........$ 53.46 40.19 PLUMBER, PIPEFITTER, STEAMFITTER ALAMEDA COUNTY..............$ 53.46 40.19 ---------------------------------------------------------------- PLUM0355-004 07/01/2015

ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:

Rates Fringes

Page 61 of 70


Underground Utility Worker /Landscape Fitter...........$ 28.60 10.05 ---------------------------------------------------------------- PLUM0393-001 07/01/2015

SAN BENITO AND SANTA CLARA COUNTIES

Rates Fringes

PLUMBER/PIPEFITTER...............$ 58.91 33.58 ---------------------------------------------------------------- PLUM0442-001 01/01/2016

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES

Rates Fringes


SAN MATEO COUNTY

Rates Fringes

Plumber/Pipefitter/Steamfitter...$ 58.98 32.43 ---------------------------------------------------------------- ROOF0027-002 09/01/2014


Rates Fringes

ROOFER...........................$ 26.37 12.68

FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional.

---------------------------------------------------------------- ROOF0040-002 08/01/2015

Page 62 of 70


SAN FRANCISCO & SAN MATEO COUNTIES:

Rates Fringes

ROOFER...........................$ 35.50 15.82 ---------------------------------------------------------------- ROOF0081-001 08/01/2015


Rates Fringes

Roofer...........................$ 36.08 14.90 ---------------------------------------------------------------- ROOF0081-004 08/01/2015

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes

ROOFER...........................$ 32.71 14.65 ---------------------------------------------------------------- ROOF0095-002 08/01/2015

MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:

Rates Fringes

ROOFER Journeyman..................$ 37.55 15.52 Kettle person (2 kettles); Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker......................$ 39.55 15.52 ---------------------------------------------------------------- SFCA0483-001 01/01/2015

ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:

Rates Fringes

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SPRINKLER FITTER (FIRE)..........$ 56.02 27.77 ---------------------------------------------------------------- SFCA0669-011 01/01/2016

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes

SPRINKLER FITTER.................$ 34.31 20.25 ---------------------------------------------------------------- SHEE0104-001 07/01/2015

AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA

AREA 2: MONTEREY & SAN BENITO

AREA 3: SANTA CRUZ

Rates Fringes

SHEET METAL WORKER AREA 1: Mechanical Contracts under $200,000.............$ 46.30 40.28 All Other Work.............$ 52.20 41.56 AREA 2......................$ 41.99 32.86 AREA 3......................$ 44.25 29.37 ---------------------------------------------------------------- SHEE0104-003 07/01/2015

CALAVERAS AND SAN JOAQUIN COUNTIES:

Rates Fringes

SHEET METAL WORKER...............$ 36.85 30.90 ---------------------------------------------------------------- SHEE0104-005 07/01/2015

MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes

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SHEET METAL WORKER (Excluding metal deck and siding)...........$ 36.29 33.79 ---------------------------------------------------------------- SHEE0104-007 07/01/2015

FRESNO, KINGS, AND MADERA COUNTIES:

Rates Fringes

SHEET METAL WORKER...............$ 35.11 33.54 ---------------------------------------------------------------- SHEE0104-015 07/01/2015

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:

Rates Fringes

SHEET METAL WORKER (Metal Decking and Siding only).........$ 34.15 32.98 ---------------------------------------------------------------- SHEE0104-018 07/01/2015

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes

Sheet metal worker (Metal decking and siding only).........$ 34.15 32.98 ---------------------------------------------------------------- TEAM0094-001 07/01/2015

Rates Fringes

Truck drivers: GROUP 1.....................$ 28.57 25.22 GROUP 2.....................$ 28.87 25.22 GROUP 3.....................$ 29.17 25.22 GROUP 4.....................$ 29.52 25.22 GROUP 5.....................$ 29.87 25.22

FOOTNOTES:

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Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized.

TRUCK DRIVER CLASSIFICATIONS

GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries)

GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and "A" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor

GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver

Page 66 of 70


and mixer; Snow Go and/or plow

GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman

GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

================================================================

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or

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"UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date

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for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator

Page 69 of 70


U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

Page 70 of 70



DOCUMENT 00811 SUPPLEMENTAL GENERAL CONDITIONS--HAZMAT 1. This document includes requirements which supplement the articles of Document 00700, GENERAL

CONDITIONS as they apply to location, removal, remediation and disposal of hazardous materials and hazardous waste.

2. SUPPLEMENT TO PARAGRAPH 2, Bidding.

a. Document 00240 (Hazardous Materials Survey) is included as a bidding document, subject to Paragraph 2.A. Bidder may rely on data made available under and described in Document 00240 (Hazardous Materials Survey) regarding the general location of hazardous materials in the same manner and to the extent that Bidder may rely on “technical data” under Paragraph 2.B.3. Bidders shall advise City in writing of any discovered discrepancies or lack of information regarding data supplied under Document 00240 (Hazardous Materials Survey) promptly upon knowledge.

3. SUPPLEMENT TO PARAGRAPH 5.G, Precedence of Documents.

a. Should any provision or requirement of any Contract Document conflict with another provision or requirement in the Contract Documents on subject matters of hazardous waste abatement, clean up, disposal, or required safety standards or methods, then the most stringent provision or requirement shall control.

4. SUPPLEMENT TO PARAGRAPH 7.B, Means and Methods of Construction.

a. Nothing contained in these Contract Documents or inferable therefrom shall be deemed or construed (1) to make Contractor the agent, servant or employee of City, or (2) to create any partnership, joint venture or other association between City and Contractor.

5. SUPPLEMENT TO PARAGRAPH 8, Control of the Work.

a. Paragraph 8.B: City shall exercise administration on Contract. City has employed a consultant to assist in the preparation of the contract specifications. City reserves the right to assign or delegate to this consultant, or any other consultant ("Consultant") any or all of the responsibilities of the Architect/Engineer under the Contract Documents, or alternatively, to act as City's representative.

Contractor shall cooperate with Consultant as directed by City. Consultant's duties may include observing the Contractor's health and safety program and practices, observing the abatement construction activities, observing the contractor's abatement work practices for compliance with the Contract Documents, observing the extent of material removed from each job site, reviewing payment requests, reviewing reports required by governmental or quasi-governmental agencies or the Contract Documents, and providing clearance tests after abatement is completed. No action, omission to act, approval, or failure to advise Contractor as to any matter by Consultant shall in any way relieve the Contractor from its responsibility for the performance of the Work in strict accordance with the Contract Documents and applicable Law.

6. SUPPLEMENT TO PARAGRAPH 9, Warranty, Guarantee and Inspection of Work.

a. With respect to hazardous materials/waste removal, abatement or disposal, the last sentence of paragraph 9.A.1, beginning with the words "Notwithstanding the foregoing" is deleted, and the first clause in the second sentence "Subject to the last sentence of this paragraph" is deleted.

b. Add to the end of paragraph 9.A the following additional warranties and representations:

"Additional Warranties and Representations:

Supplemental General conditions – Hazmat (10-01) 00811 - 1


a. Contractor represents and warrants that it, its employees and its subcontractors and their

employees, shall at all times have the required levels of familiarity with the Site and the Work, training and ability to comply fully with all applicable Law and contract requirements for safe and expeditious performance of the Work, including whatever training is or may be required regarding the activities to be performed (including, but not limited to, all training required to adequately address the actual or potential dangers of contract performance).

b. Contractor represents and warrants that it, its employees and its subcontractors and their

employees, shall at all times have and maintain in good standing any and all certifications and licenses required by applicable federal, state and other governmental and quasi-governmental requirements applicable to the Work.

c. Contractor represents and warrants that it has studied carefully all requirements of the

specifications regarding procedures for demolition, hazardous waste abatement, or safety practices, specified in this contract, and prior submitting its bid, has either (a) verified to its satisfaction that the specified procedures are adequate and sufficient to achieve the results intended by the Contract Documents, or (b) by way of approved "or equal" request or request for clarification and written Addenda, secured changes to the specified procedures sufficient to achieve the results intended by the Contract Documents. Contractor accepts the risk that any specified procedure will result in a completed project in full compliance with the contract requirements.

c. Add a new paragraph 9.F.5:

5. a. City reserves the right, in its sole discretion, to conduct air monitoring, earth monitoring,

work monitoring, and any other tests (in addition to testing required under the agreement or applicable law), to monitor contract requirements of safe and statutory compliant work methods and (where applicable) safe re-entry level air standards under State and Federal law upon completion of the job, and compliance of the work with periodic and final inspection of public and quasi-public entities having jurisdiction.

b. Contractor acknowledges that City also has the right to perform, or cause to be

performed, various activities and tests including, but not limited to, pre-abatement, during abatement and post-abatement air monitoring, provided that City shall have no obligation to perform said activities and tests, and that a portion of said activities and tests may take place prior to the completion of the Work by Contractor. In the event City elects to perform these activities and tests, Contractor shall afford City ample access to the Site and all areas of the Work as may be necessary for the performance of these activities and tests. Contractor will include the potential impact of these activities for tests by City in the Contract Sum and the Scheduled Completion Date.

Notwithstanding City's rights granted by this paragraph, Contractor shall retain its own industrial hygiene consultant and shall have primary responsibility for collecting samples and perform all applicable, relevant or appropriate activities and tests including, but not limited to, pre-abatement, during abatement and post-abatement air monitoring, required or suggested by the Contract Documents, the Law, or both, and City reserves the right to request documentation of all such activities and tests performed by Contractor relating to the Work.

7. SUPPLEMENT TO PARAGRAPH 11.C, Cost data.

6. Contractor shall obtain and maintain and shall furnish to City on completion of the Work or at any other time requested by City, all necessary permits, licenses, approvals, authorizations, notifications, training certificates, respirator certificates, reports, correspondence, test results, air



monitoring certificates, forms, medical records, medical certificates, notes and photographs of work conditions, approved shipping and disposal facility receipts, manifests, and all other documentation required by the Contract Documents or applicable Law, or both.

Contractor shall provide City with copies of each such document as it is generated and shall, as a condition to final payment, provide City with a complete set of such documents (bound, organized and indexed) at the conclusion of the Work. Contractor shall keep and maintain in retrievable files true and correct copies of all such documents for a period of not less than thirty (30) years after final completion of the Work. City shall have the right to inspect or photocopy these records and, if Contractor should cease business operations, then it shall furnish these records to City.

8. SUPPLEMENT TO PARAGRAPH 13.A

a. Add new paragraphs to Paragraph 13.A, which read:

"COMPLIANCE WITH LAWS. Contractor represents that it is familiar with shall comply with all laws applicable to the Work or completed Work including, but not limited to, all federal, state and local laws, statutes standards, rules, regulations and ordinances applicable to the Work (collectively, the "Law") relating to:

(1) the protection of the public health, welfare and environment,

(2) storage, handling or use of asbestos, PCB, lead, petroleum based products or other hazardous materials,

(3) the generation, processing, treatment, storage, transport, disposal, destruction or other management of asbestos, PCB, lead, petroleum or hazardous waste materials or other waste materials of any kind, or

(4) the protection of environmentally sensitive areas such as wetlands.

DISPOSAL. Contractor has the sole responsibility for determining current waste storage, handling, transportation and disposal regulations for the jobsite and for each waste disposal facility. Contractor must comply fully at its sole cost and expense with these regulations and any applicable Law. City, may, but is not obligated to, require submittals with this information for it to review consistent with the Contract Documents.

Contractor shall develop and implement a system acceptable to City to track hazardous waste from the site to disposals, including appropriate "Hazardous Waste Manifests" on the EPA form, so that City may track the volume of waste it put in each landfill and receive from each landfill a certificate of receipt.

Contractor shall provide City with the name and address of each waste disposal facility prior to any disposal, and City shall have the express right to reject any proposed disposal facility. Contractor shall not use any disposal facility to which City has objected. Contractor shall document actual disposal or destruction of waste at a designated facility by completing a disposal certificate or certificate of destruction forwarding the original to the general contractor.

9. SUPPLEMENT TO PARAGRAPH 13.B, Permits and Taxes.

a. Permits. Before performing any of the Work, and at such other times as may be required by applicable Law, Contractor shall deliver all requisite notices and obtain the approval of all governmental and quasi-governmental authorities having jurisdiction over the Work. Contractor shall submit evidence satisfactory to City that it and any disposal facility (1) have obtained all required permits, approvals and the like in a timely manner both prior to commencement of the



Work and thereafter as and when required by applicable Law, and (2) are in compliance with all such permits, approvals and the like. For example, before commencing any work in connection with the Work involving asbestos-containing materials or PCB subject to regulation, Contractor agrees to provide the required notice of intent to renovate or demolish to the appropriate state or federal agency having jurisdiction, by certified mail, return receipt requested, or by some other method of transmittal for which a return receipt is obtained, and to send a copy of that notice to City. Contractor shall not conduct any Work involving asbestos-containing materials or PCB unless Contractor has first confirmed that the appropriate agency having jurisdiction is in receipt of the required notification. All permits, licenses, bonds required by governmental or quasi-governmental authorities, fees, deposits, tap fees, offsite easements and asbestos and PCB disposal facilities necessary for the prosecution of the Work shall be procured and paid for by Contractor. Contractor shall give all notices and comply with the Law bearing on the conduct of the Work as drawn and specified. If Contractor observes or reasonably should have observed that Plans and Specifications and other Contract Documents are at variance therewith, it shall be responsible for promptly notifying City in writing of such fact. If Contractor performs any Work contrary to the Law without such notice to City, it shall bear all costs arising therefrom.

In the case of any permits or notices held in City's name or of necessity to be made in City's name, City shall cooperate with Contractor in securing the permit or giving the notice, but the Contractor shall prepare for City's review and execution upon approval, all necessary applications, notices and other materials.

10. SUPPLEMENT TO PARAGRAPH 13.C, Responsibility of Contractor and Indemnification.

a. Indemnification. To the extent permitted by law, the indemnities and limitations of liability expressed throughout the Contract Documents apply with equal force and effect to any claims or liabilities imposed or existing by virtue of the removal, abatement and disposal of hazardous waste. This includes liabilities connected to the selection and use of a waste disposal facility, personal injury, property damage, loss of use of property, damage to the environment or natural resources, or "disposal" and "release" of materials associated with the Work (as defined in 42 U.S.C. '' 9601 et seq).

11. SUPPLEMENT TO PARAGRAPH 13.G, Termination of Contract for Cause.

a. Notwithstanding anything in Paragraph 13.G to the contrary, City shall have an absolute right to terminate for default immediately without ten days notice and without an opportunity to cure should Contractor knowingly or recklessly commit a material breach of the terms of the Contract Documents or the Law, on any matter involving the exposure of persons or property to hazardous waste. However, if the breach of contract exposing persons or property to hazardous waste is due solely to an ordinary, unintentional and non-reckless failure to exercise reasonable care, then the procedures in Paragraph 13.G for termination for default shall apply without modification.

12. SUPPLEMENT TO PARAGRAPH 16.B, Protection of Work, Persons and Property.

a. Contractor shall perform safe, expeditious and orderly work in accordance with the best practices and the highest standards in the hazardous waste abatement, removal and disposal industry, the Law (as herein defined), and the Contract Documents, including, but not limited to, all responsibilities relating to the preparation and return of waste shipment records, all requirements of the Law, delivering of all requisite notices, and obtaining all necessary governmental and quasi governmental approvals.

END OF DOCUMENT



DOCUMENT 00812

SUPPLEMENTAL GENERAL CONDITIONS CITY OF BERKELEY CONTRACTING POLICES PART 1 - GENERAL 1.01 DESCRIPTION

A. This document includes requirements which supplement the sections of the General Conditions. 1.02 PROHIBITED DISCRIMINATION. The following paragraphs shall be added to the General Conditions as

a new Section 17. A, and with the additions set forth in Sections 1.03 through 1.08, below, shall constitute a new Section 17 of the General Conditions, entitled “17: City of Berkeley Contracting Policies”.

“17. A PROHIBITED DISCRIMINATION: During prosecution of the Work to be done under the

Contract, Contractor agrees to comply with the provisions of Berkeley Municipal Code (“B.M.C.”) Chapter 13.26, including, but not limited to, the following:

1. Contractor shall not discriminate against any employee or applicant for employment because

of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

2. Contractor shall permit the City access to records of employment, employment

advertisements, application forms, EEO-1 forms, affirmative action plans and any other documents which, in the opinion of the City, are necessary to monitor compliance with this non-discrimination provision. In addition, Contractor shall submit forms supplied by the City to monitor this non-discrimination provision.”

1.03 CONFLICTS OF INTEREST PROHIBITED. The following paragraphs shall be added to the General

Conditions as a new Section:

“17. B CONFLICTS OF INTEREST PROHIBITED:

1. In accordance with Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64, neither Contractor nor any employee, officer, director, partner or member of Contractor or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a City board, committee or commission member, who has directly or indirectly influenced the making of the Agreement.

2. In accordance with Government Code section 1090 and the Political Reform Act, Government

Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant of the Contractor, or immediate family member of any of the preceding, shall make or participate in a decision made by the City or a City board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Contractor.

a. Interpretation of this section shall be governed by the definitions and provisions used in

the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090, Berkeley City Charter section 36 and B.M.C. Chapter 3.64.”

Supplemental General Conditions City of Berkeley Contracting Policies

(01-03) 00812 - 1


1.04 NUCLEAR FREE BERKELEY ORDINANCE. The following paragraphs shall be added to the General

Conditions as a new Section:

“17. C NUCLEAR FREE BERKELEY ORDINANCE:

1. Contractor agrees to comply with B.M.C. Chapter 12.90, the Nuclear Free Berkeley Act, as amended from time to time.”

1.05 CONTRACTUAL RELATIONS WITH PROHIBITED ENTITIES. The following paragraphs shall be

added to the General Conditions as a new Section:

“17. D CONTRACTUAL RELATIONS WITH PROHIBITED ENTITIES

1. OPPRESSIVE STATES

a. In accordance with Resolution No. 59,853-N.S. (Appendix 00812-A), Contractor certifies that it has no contractual relations with, and agrees during the term of this agreement to forego contractual relations to provide personal services to, the following entities:

1. The governing regime in any Oppressive State. 2. Any business or corporation organized under the authority of the governing regime

of any Oppressive State. 3. Any individual, firm, partnership, corporation, association, or any other

commercial organization, and including parent-entities and wholly-owned subsidiaries (to the extent that their operations are related to the purpose of its contract with the City), for the express purpose of assisting in business operations or trading with any public or private entity located in any Oppressive State.

b. Appendix A to Resolution No. 59,853-N.S. designates the following as Oppressive States

for the purposes of this Contract:

1. Tibet Autonomous Region and the provinces of Ado, Kham, and U-Tsang.

c. Contractor’s failure to comply with this section shall constitute a default of this Contract and City may terminate this Contract pursuant to Section 00700, Subsection 1.13(G).

1. In the event that the City terminates Contractor due to a default under this

provision, City may deem Contractor a non-responsible bidder for five (5) years from the date this Contract is terminated.”

1.06 REQUIRED AND PROHIBITED WORK MATERIALS. The following paragraphs are added to the

General Conditions as a new Section:

“17. E REQUIRED AND PROHIBITED WORK MATERIALS

1. RECYCLED PAPER

a. If Contractor is required by this Agreement to prepare a written report or study, Contractor shall use recycled paper for said report or study when such paper is available at a cost of not more than ten percent more than the cost of virgin paper, and when such paper is available at the time it is needed. For the purposes of this Agreement, recycled paper is paper that contains at least 50% recycled product. If recycled paper is not


(01-03) 00812 - 2


available, Contractor shall use white paper. Written reports or studies prepared under this Agreement shall be printed on both sides of the page whenever practical.

2. TROPICAL HARDWOODS

a. Contractor shall comply with the terms of Resolution No. 58,291-N.S. (Appendix 00812-

B) prohibiting the use of any tropical hardwood or wood product, including, but not limited to, those enumerated in Resolution No. 58,291-N.S. Contractor must submit, with its bid, a statement Tropical Hardwood Disclosure form.

b. Except as expressly permitted by the application of Sections 3.B and 4.B. of Resolution

No. 58,291-N.S., Contractor shall not provide any items to the City in performance of this contract which are tropical hardwoods or tropical wood products.

c. Contractor's failure to comply with this section shall constitute a default of this

Agreement and Contractor agrees that City may take any of the following actions:

1. terminate this Agreement pursuant to Paragraph 14.3 of the General Conditions; 2. withhold funds due the Contractor under any contract with the City; 3. order revision of the Agreement based upon a material breach of Agreement

provisions or pertaining to representations made in bidding, execution or performance of the Agreement;

4. disqualify the Contractor from eligibility for providing commodities or services to

the City for a period not to exceed five (5) years, with a right to review and reconsideration by the City after two (2) years upon a showing of corrective action, indicating violations are not likely to recur.

d. Notwithstanding the provisions of Section 3.2 of the Agreement, Contractor

acknowledges and agrees that its failure to comply with this requirement justifies liquidated damages in an amount equal to Contractor's net profit, or five percent (5%) of the total contract amount, whichever is greater.

1. Liquidated damages under this provision shall be payable to the City upon demand

and may be set off against any monies due to the Contractor from any contract with the City.

3. VIRGIN REDWOOD

a. Contractor agrees to comply with the City Council's October

29, 1996, directive not to purchase virgin redwood for the prosecution of the work to be done under this Contract and in its place purchase and use:

1. Redwood that has been previously used or 2. certified, sustainable-harvested redwood as the preferred alternative to virgin and

non-certified redwood, and not pressure-treated lumber of other species as an alternative to redwood.”


(01-03) 00812 - 3


4. TREATED WOOD

a. Contractor shall comply with the terms of Resolution No. 61,724-N.S. (Appendix 00812-

E) prohibiting the use of Pentachlorophenol, arsenic and creosote treated wood. No such wood shall be used by the contractor in this or any other City project without the express written consent of the City Council.

1.07 FIRST SOURCE HIRING REQUIREMENT. The following paragraphs shall be added to Document

00700 (General Conditions) as a new Section if the contract exceeds $100,000:

“17. F FIRST SOURCE HIRING REQUIREMENT

1. Contractor, and any subcontractors, shall utilize the City's First Source Construction Program under the terms set forth in the First Source specifications. (Appendix 00812-C).

a. Under the First Source program, Contractor must employ, to the extent possible, a work

force where no less than twenty-five percent of the work hours are performed by Berkeley residents, and fifty percent of all new hires are Berkeley residents, on a craft-by-craft basis.

b. To achieve the goals, Contractor may either:

1. Utilize the City's First Source referral service, or 2. Demonstrate a good faith effort to achieve the goals.”

1.08 EQUAL BENEFITS ORDINANCE. The following paragraph shall be added to Document 00700 (General

Conditions) as a new Section: “17.G EQUAL BENEFITS ORDINANCE:

1. Contractor hereby agrees to comply with the provisions of the Berkeley Equal Benefits Ordinance, B.M.C. Chapter 13.29 (Appendix 00812-D). If Contractor is currently subject to the Berkeley Equal Benefits Ordinance, as indicated by the Equal Benefits Certification form, as contained in Document 00680, Contractor will be required to provide all eligible employees with City mandated equal benefits, as defined in B.M.C. Chapter 13.29, during the term of this contract, as well as comply with the terms enumerated herein.

2. If Contractor is currently or becomes subject to the Berkeley Equal Benefits Ordinance,

Contractor agrees to provide the City with all records the City deems necessary to determine compliance with this provision. These records are expressly subject to the auditing terms described in Document 00700, Section 11.C of this contract.

3. If Contractor fails to comply with the requirements of this Section, City shall have the rights

and remedies described in this Section, in addition to any rights and remedies provided by law or equity.

4. Contractor’s failure to comply with this Section shall constitute a material breach of the

Contract, upon which City may terminate this contract pursuant to Document 00700, Sections


(01-03) 00812 - 4


13G and H, as applicable. In the event the City terminates this contract due to a default by

Contractor under this provision, the City may deem Contractor a non-responsible bidder for not more than five (5) years from the date this Contract is terminated.

In addition, at City’s sole discretion, Contractor may be responsible for liquidated damages in

the amount of $50.00 per employee per day for each and every instance of violation of this Section. It is mutually understood and agreed that Contractor’s failure to provide its employees with equal benefits will result in damages being sustained by City; that the nature and amount of these damages will be extremely difficult and impractical to fix; that the liquidated damages set forth herein is the nearest and most exact measure of damages for such breach that can be fixed at this time; and that the liquidated damage amount is not intended as a penalty or forfeiture for Contractor’s breach. City may deduct any assessed liquidated damages from any payments otherwise due Contractor.”


(01-03) 00812 - 5


SCHEDULE OF APPENDECES

TO MODIFICATIONS TO GENERAL CONDITIONS

Schedule of Exhibits: (the following Exhibits are on file at the Berkeley City Clerk’s office and will be made available on request to any interested party)

A. City Council Resolution No. 59,853-N.S. (Re: Oppressive States).

B. City Council Resolution No. 58,291-N.S. (Re: Tropical Hardwoods).

C. Specifications for City=s First Source Construction Program D. Berkeley Municipal Code, Chapter 13.29, Equal Benefits Ordinance E. City Council Resolution No. 61,724-N.S. (Re: Treated Wood).

END OF DOCUMENT


(01-03) 00812 - 6

BAHIA CHILDCARE CENTER IMPROVEMENTS Specification No. 16-11058 DOCUMENT 00822 APPRENTICESHIP PROGRAM Contractor and subcontractors shall comply with the requirements of California Labor Code Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. Section 1777.5, as amended, requires a Contractor or subcontractor employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of a public works project and which administers the apprenticeship program in that trade for a certification of approval. The certificate will also fix the ratio of apprentices to journeypersons that will be used in performance of the Contract. The ratio of work performed by apprentices to journeypersons in such cases shall not be less than one hour of apprentices work for every five hours of labor performed by journeypersons (the minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeypersons), except: A. When unemployment for the previous three-month period in the area exceeds an average of 15 percent; B. When the number of apprentices in training in the area exceeds a ratio of one to five; C. When a trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an

annual basis state-wide or locally; or D. Assignment of an apprentice to any work performed under a public works 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 journeyperson.

Contractor is required to make contributions to funds established for administration of apprenticeship programs if Contractor employs registered apprentices or journeypersons in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of the California Department of Industrial Relations, or from the Division of Apprenticeship Standards and its branch offices. END OF DOCUMENT

Apprenticeship Program (10-01) 00822 - 1


DOCUMENT 00900 ADDENDA

[DOCUMENT TO BE COMPLETED AS ADDENDA DURING BID PERIOD] END OF DOCUMENT

Addenda (10-01) 00900 - 1


Summary of Work (10-01) 01000 - 1

DIVISION 1 - GENERAL SPECIFICATIONS

SECTION 01000

SUMMARY OF WORK

PART 1 GENERAL 1.01 SUMMARY

A. This section includes summary of work including:

1. Work Covered By Contract Documents 2. Bid items, Allowances and Alternates 3. Work Under Other Contracts 4. Future Work 5. Work Sequence 6. Cooperation Of Contractor And Coordination With Other Work 7. Maintenance 8. Occupancy Requirements 9. Reference Standards 10. Products Ordered In Advance 11. City-Furnished Products

1.02 WORK COVERED BY CONTRACT DOCUMENTS

A. Work of Contract comprises the removal of existing deteriorated T1-11 siding and building insulation from the exterior wood stud walls; installation of new insulation, plywood sheathing, and siding to be painted; interior work includes accessible upgrades to provide unisex restroom and strike side clearance for main entry door; and, replacement of paving at entry to provide level door landing for the City of Berkeley (“City”), located at The Bahia Childcare Center, 1718 8th St. Berkeley, Ca, 94710, and ancillary work in accordance with the terms and conditions of the Contract Documents. Work to begin on or around August 17, 2016.

B. Unless provided otherwise in the Contract Documents, all risk of loss to Work covered by Contract

Documents shall rest with Contractor until Final Completion and Acceptance of the Work.

1.03 BID ITEMS A. Any bid item may be deleted in total or in part prior to or after award of Contract without

compensation in any form or adjustment of other bid items or prices therefore.

B. Descriptions:

1. Bid Item 1: Base Bid. Under this item, furnish and install all work shown on Drawings and described in Specifications and all other Contract Documents, including connections to existing systems for complete and operational new facilities, except that work described in Other Bid Items (if any), Allowances And Alternates.


Summary of Work (10-01) 01000 - 2

C. Allowances: 1. Allowance work shall be done as change orders. Contractor shall identify Allowance

Items (See Document 00300 Bid Form) work on the Progress Schedules and on Requests For Payment.

2. The amount given on the Bid Form under each Allowance Item is the sum of money set

aside for each Allowance. These amounts shall be included in the Contract Price on the Bid Form.

3. If the cost of work done under any Allowance Item is less than the amount given on the

Bid Form under that Allowance Item, the Contract Sum shall be reduced by the difference between the amount given in the Bid Form and the cost of work actually done.

4. Scope of Allowances:

NOT APPLICABLE

D. Alternates:

1. Alternates will be exercised at the option of City.

2. Contractor must coordinate related work and modify surrounding work as required to complete Work, including changes under each Alternate designated in Document 00510 Agreement.

3. Scope of Alternates:

a. All labor, materials, services and equipment necessary for the completion of

seismic upgrade noted in Drawings S1-S3 as " Supplemental Bid Item SB1" including installation of holdowns and straps.

1.04 WORK UNDER OTHER CONTRACTS

A. James Kenney Community Center adjacent to the Bahia Childcare Center will be undergoing a residing and ADA upgrade project concurrently with this project. The selected contractor will need to coordinate with the construction manager in order to prevent conflict. The James Kenney Community Center project has not yet been awarded.

1.05 FUTURE WORK A. Not used 1.06 WORK SEQUENCE

A. Construct Work in stages and at times to accommodate City operation requirements during the construction period; coordinate construction schedule and operations with Project Manager.

B. Not used.

1.07 COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK.

Contractor shall coordinate with City and any City forces, or other contractors and forces, as required by Document 00700 General Conditions, Paragraph 1.06


Summary of Work (10-01) 01000 - 3

1.08 MAINTENANCE

Cost of maintenance of systems and equipment prior to Final Acceptance will be considered as included in prices bid and no direct or additional payment will be made therefor.

1.09 OCCUPANCY REQUIREMENTS

A. Whenever, in the opinion of Project Manager, Work or any part thereof is in a condition suitable for use, and the best interest of City requires such use, City may take beneficial occupancy of and connect to, open for public use, or use the Work or such part thereof. In such case, City will inspect the Work or part thereof, and issue a Certificate of Substantial Completion for that part of Work.

B. Prior to date of Final Acceptance of the Work by City, all necessary repairs or renewals in Work

or part thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor, as required in Document 00700 General Conditions.

C. Use by City of Work or part thereof as contemplated by this section shall in no case be construed

as constituting acceptance of Work or any part thereof. Such use shall neither relieve Contractor of any responsibilities under Contract, nor act as waiver by City of any of the conditions thereof.

D. City may specify in the Contract Documents that portions of the Work, including electrical and

mechanical systems or separate structures, shall be substantially completed on milestone dates prior to substantial completion of all of the Work. Contractor shall notify Project Manager in writing when Contractor considers any such part of the Work ready for its intended use and substantially complete and request Project Manager to issue a Certificate of Substantial Completion for that part of the Work.

PART 2 PRODUCTS

2.01 REFERENCE STANDARDS

For products specified by association or trade standards, comply with requirements of standard, except where more rigid requirements are specified or are required by applicable codes.

2.02 PRODUCTS ORDERED IN ADVANCE

A. Not used

2.03 CITY FURNISHED PRODUCTS

A. Not used

PART 3 EXECUTION Not applicable to this section.

END OF SECTION



SECTION 01025

MEASUREMENT AND PAYMENT PART 1 GENERAL

1.01 SUMMARY

A. This section describes requirements and procedures for determining amount of work done and for obtaining payment for work done.

B. Related Sections.

1. Section 01000: Summary of Work 2. Section 01035: Modification Procedures 3. Section 01300: Submittals 3. Section 01310: Progress Schedule 4. Section 01700: Contract Closeout

1.02 REFERENCES

California Public Contract Code 1.03 SCOPE OF WORK

Work under Contract, or under any bid item, allowance or alternate, shall include all labor, materials, transport, handling, storage, supervision, administration and all other items necessary for the satisfactory completion of Work, whether or not expressly specified or shown.

1.04 DETERMINATION OF QUANTITIES

Quantity of work to be paid for under any item for which a unit price is fixed in Contract shall be number, as determined by Project Manager, of units of work satisfactorily completed in accordance with the Contract Documents and as directed pursuant to the Contract Documents. Unless otherwise provided, determination of number of units of work so completed will be based, so far as practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits. Measurements and computations will be made by methods as Project Manager may consider appropriate for class of work measured.

1.05 SCOPE OF PAYMENT

A. Except as otherwise expressly stipulated in Section 01000 Summary of Work, payment to Contractor at the unit price or other price fixed in the contract for performing the work required under any item, or (if the contract is on a lump sum price basis) at the lump sum price fixed in the contract for performing all work required under the contract, and as either may be adjusted pursuant to any approved change order, shall be full compensation for completing, in accordance with the Contract Documents, all work required under the item or under the contract, and for all expense incurred by Contractor for any purpose in connection with the performance and completion of said work, including all incidental work necessary for completion of the Work.

B. The Contract Sum, whether lump sum, unit price or otherwise, shall be deemed to include all costs

necessary to complete required Work, shall also include any costs for loss or damage arising from nature of Work or, prosecution of the Work, or from action of elements. Unless the Contract Documents expressly

Measurement and Payment (11-15) 01025 - 1


provide otherwise, the Contract Sum shall be deemed to include: 1. Any and all costs arising from any unforeseen difficulties which may be encountered during, and all

risks of any description connected with, prosecution of Work until acceptance by City;

2. All expenses incurred due to suspension, or discontinuance of Work as provided in Contract;

3. Escalation to allow for cost increases between time of Contract Award and completion of Work.

C. Whenever it is specified herein that Contractor is to do work or furnish materials of any class for which no price is fixed in the Contract, it shall be understood that Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.

D. No payment shall be made for materials or equipment not yet incorporated into the Work, except as

specified in Section 01000:

E. For the materials and equipment referenced in Section 01000 as subject to payment prior to incorporation into the work, where Contractor requests payment on the basis of such materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:

1. The materials and/or equipment shall be delivered and suitably stored at the site or at another local

location agreed to in writing, for example, a mutually acceptable warehouse;

2. Full title to the materials and/or equipment shall vest in City at the time of delivery to the site, warehouse or other storage location;

3. Contractor shall obtain a negotiable warehouse receipt, endorsed over to City for materials and/or

equipment stored in an off-site warehouse. No payment shall be made until such endorsed receipts are delivered to Project Manager;

4. Stockpiled materials and/or equipment shall be available for City inspection. Materials and/or

equipment shall be segregated and labeled or tagged to specifically identify this specific Contract;

5. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at Contractor's expense;

6. At its expense, Contractor shall insure the materials and/or equipment against theft, fire, vandalism,

and malicious mischief, as well as any other coverages required under the Contract Documents;

7. Contractor's application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that City has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect City's interest therein, all of which must be satisfactory to City.

1.06 BASIS OF PAYMENT

A. Unit Pay Quantities: When estimated quantity for specific portions of Work is listed in Bid Form, quantity of work to be paid for shall be actual number of units satisfactorily completed in accordance with the Contract Documents.

B. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated

as Lump Sum, payment will be on a Lump Sum basis for Work satisfactorily completed in accordance with the Contract Documents.



C. Allowances: Allowance items will be paid for as provided in Section 01000 Summary of Work. Funds authorized for Allowance work will not be released for contract payments unless Allowance work has been authorized in writing by City.

D. City does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount

of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add work not included in Bid, when in its judgment such change is in best interest of City. No change in Work shall be considered waiver of any other condition of Contract. No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between amount of work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.

1.07 PROGRESS PAYMENTS

A. If requested by Contractor, progress payments will be made monthly.

B. Schedule of Values.

1. Within ten (10) calendar days from issuance of Notice of Award and prior to the Contractor's application for the first progress payment, the Contractor shall submit a detailed breakdown of its bid by scheduled Work items and/or activities, including coordination responsibilities and project record document responsibilities. Where more than one subcontractor comprises the work of a work item or activity, the Schedule of Values shall show a separate line item for each subcontract. The Contractor shall furnish such breakdown, of the total Contract Sum, by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, which cumulative sum equals the total Contract Sum. The format and detail of the breakdown shall be as directed by Project Manager to facilitate and clarify future progress payments to Contractor for direct Contract Work. This breakdown shall be referred to as the Schedule of Values.

2. Contractor's overhead, profit, insurance, cost of bonds and/or other financing, as well as "general

conditions costs," (e.g., site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equal Contractor's total Contract Sum, less any allowances designated by Project Manager.

3. Project Manager will review the breakdown in conjunction with the Progress Schedule to ensure

that the dollar amounts of this Schedule of Values are, in fact, fair market cost allocations for the Work items listed. Upon favorable review by Project Manager, this Schedule of Values will be accepted for use by Project Manager. City and Project Manager shall be the sole judges of fair market cost allocations.

4. Any attempt to increase the cost of early activities, i.e., "front loading," will be rejected by City,

resulting in a complete reallocation of monies until such "front loading" is corrected. Repeated attempts at "front loading" may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to City.

C. Payment Requests

1. On or before the twenty-fifth (25) day of each month, Contractor shall submit to Project Manager

three (3) copies of a request for payment for the cost of the Work put in place during the period from the 26th day of the previous month to the 25th day of the current month. Such requests for progress payments shall be based upon Schedule of Values prices of all labor and materials incorporated in the Work up until midnight of the last day of that one month period, less the aggregate of previous payments. If Contractor is late submitting its payment request, that payment



request may be processed at any time during the succeeding one month period, resulting in processing of Contractor's payment request being delayed for more than a day for day basis.

2. Payment requests may include, but are not necessarily limited to the following:

a. Material, equipment and labor incorporated into the Work, less any previous payments for

the same;

b. Up to eighty percent (80%) of the cost of major equipment identified in paragraph 1.05.D above, if purchased and delivered to the site or stored off site, as may be approved by Project Manager.

3. Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the

payment request and that Contractor has fulfilled all scheduling requirements of Document 00700 General Conditions and Section 01310 Progress Schedules and Reports, including updates and revisions. The certification shall be executed by a responsible officer of the Contractor.

4. No progress payment will be processed prior to Project Manager receiving all requested, acceptable

schedule update information.

5. Each payment request shall list each Change Order executed prior to date of submission, including the Change Order Number, and a description of the work activities, consistent with the descriptions of original work activities. Contractor shall submit a monthly Change Order status log to Project Manager.

6. If Project Manager requires substantiating data, Contractor shall submit information requested by

Project Manager, with cover letter identifying Project, payment request number and date, and detailed list of enclosures. Contractor shall submit one copy of substantiating data and cover letter for each copy Payment request submitted.

7. Monthly progress payments shall be made, based on total value of activities completed or partially

completed, as determined by City with participation of Contractor, and based upon approved activity costs. Accumulated retainage will be shown as separate item in payment summary. If Contractor fails or refuses to participate in construction progress evaluation with City, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and schedule update information for City.

D. Progress Payments

1. Upon receiving Contractor's payment request, Project Manager will review the payment request and

make necessary adjustments to percent of completion of each activity. One copy will be returned to Contractor with description of adjustments made. All parties will update percentage of completion values in the same manner, i.e., express value of an accumulated percentage of completion to date.

2. The payment request may be reviewed by Project Manager, Architect/Engineer and/or inspectors,

for the purpose of determining that the payment request is a proper payment request, and shall be rejected, revised or approved by Project Manager pursuant to the cost breakdown prepared in accordance with Section 1.07(B) of this Section.

3. If it is determined that the payment request is not a proper payment request suitable for payment,

Project Manager shall return it to the Contractor as soon as practicable, but no later than seven (7) days after receipt, together with a document setting forth in writing the reasons why the payment request is not proper. If Project Manager determines that portions of the payment request is not proper or not due under the Contract Documents, then Project Manager may approve the other portions of the payment request, and in the case of disputed items or defective work not remedied,



may withhold up to 150% of the disputed amount from the progress payment.

4. Pursuant to Public Contract Code Section 20104.50, if City fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a contractor, City shall pay interest to the Contractor equivalent to the legal rates set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. The thirty (30) day period shall be reduced by the number of days by which City exceeds the seven (7) day return requirement set forth herein.

5. As soon as practicable after approval of each request for progress payment, City will pay to

Contractor in manner provided by law, an amount equal to ninety five percent (95%) of Project Manager's estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of Project Manager, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected.

6. Not used.

7. Before any progress payment or final payment is made, the Contractor may be required to submit

satisfactory evidence that Contractor is not delinquent in payments to employees, subcontractors, suppliers, or creditors for labor and materials incorporated into Work.

8. City reserves and shall have the right to withhold payment for any equipment and/or specifically

fabricated materials that, in the sole judgment of Project Manager, is not adequately and properly protected against weather and/or damage, prior to or following incorporation into the Work.

9. Granting of progress payment or payments by City, or receipt thereof by Contractor, shall not be

understood as constituting in any sense acceptance of Work or of any portion thereof, and shall in no way lessen liability of Contractor to replace unsatisfactory work or material, though unsatisfactory character of work or material may have been apparent or detected at time payment was made.

10. When City shall charge sum of money against Contractor under any provision of Contract, amount

of charge shall be deducted and retained by City from amount of next succeeding progress payment or from any other moneys due or that may become due Contractor under Contract. If, on completion or termination of Contract, such moneys due Contractor are found insufficient to cover City's charges against it, City shall have right to recover balance from Contractor or Sureties.

1.08 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION

Pursuant to provisions of Public Contract Code Section 22300, substitution of securities for any monies withheld under Contract to insure performance is permitted under following conditions:

1. At request and expense of Contractor, securities 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 Contractor and City which are equivalent to the amount withheld under retention provisions of Contract shall be deposited with Controller or with a state or federally chartered bank in California, as the escrow agent, who shall then pay such monies to Contractor. Upon satisfactory completion of Contract, securities shall be returned to Contractor.

2. Alternatively, Contractor may request and City shall make payment of retentions earned directly to the

escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from escrow agent all securities,



interest, and payments received by the escrow agent from City, pursuant to the terms of this section. The Contractor shall pay to each subcontractor, not later than twenty (20) days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of the Contractor.

3. Contractor shall be beneficial owner of securities substituted for monies withheld and shall receive any

interest thereon.

4. Contractor shall enter into escrow agreement with Controller according to Document 00520, Escrow Agreement, as authorized under Public Contract Code Section 22300, specifying amount of securities to be deposited, terms and conditions of conversion to cash in case of default of Contractor, and termination of escrow upon completion of Contract.

1.09 FINAL PAYMENT

A. As soon as practicable after all required Work is completed in accordance with Contract, including Contractor maintenance after Final Acceptance, City will pay to Contractor, in manner provided by law, unpaid balance of contract price of Work, or whole contract price of Work if no progress payment has been made, determined in accordance with terms of Contract, less sums as may be lawfully retained under any provisions of Contract or by law.

B. Prior progress payments shall be subject to correction in the final payment. Project Manager's

determination of amount due as final payment shall be final and conclusive evidence of amount of Work performed by Contractor under Contract, and shall be full measure of compensation to be received by Contractor.

C. Contractor and each assignee under an assignment in effect at time of final payment shall execute and

deliver at time of final payment and as a condition precedent to final payment, Document 00530, Agreement and Release of Any and All Claims, discharging City, its officers, agents, employees and consultants of and from liabilities, obligations, and claims arising under Contract.

1.10 EFFECT OF PAYMENT

Payment will be made by City, based on Project Manager's and Architect/Engineer's observations at the site and the data comprising the Application for Payment. Payment will not be a representation that Project Manager and Architect/Engineer has:

1. made exhaustive or continuous on-site inspections to check the quality or quantity of Work;

2. reviewed construction means, methods, techniques, sequences or procedures;

3. reviewed copies of requisitions received from subcontractors and material suppliers and other data

requested by City to substantiate Contractor's right to payment; or

4. made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the Contract Sum.

PART 2 PRODUCTS Not applicable to this section. PART 3 – EXECUTION Not applicable to this section. END OF SECTION




SECTION 01035

MODIFICATION PROCEDURES


A. This section describes general procedural requirements for alterations, modifications and extras.

B. Related Sections

1. Section 01000: Summary of Work 2. Section 01025: Measurement and Payment

1.02 GENERAL

A. Any change in scope of work or deviation from Contract Documents shall be accomplished only when authorized in writing by Project Manager.

B. Changes in scope of Work or deviation from Contract Documents may be initiated only by Contractor

or Project Manager.

1. Contractor may initiate changes by submitting Requests For Information (RFI), Requests For Substitution (RFS), Notice of Concealed or Unknown Conditions, or Notice of Hazardous Waste Conditions.

a. RFIs shall be submitted to seek clarification of Contract Documents.

b. RFSs shall be submitted in accordance with Document 00700 General Conditions to

request substitution of materials or methods of execution.

c. Notices of Concealed or Unknown Conditions shall be submitted in accordance with Document 00700, General Conditions.

d. Notices of Hazardous Waste Conditions shall be submitted in accordance with Document

00700, General Conditions.

2. Contractor shall be responsible for its costs to implement and administer RFIs and RFSs throughout the Contract duration. Regardless of the number of RFIs submitted, Contractor will not be entitled to additional compensation. Contractor shall be responsible for both City's and Architect/Engineer's administrative costs for answering its RFIs where the answer could reasonably be found by reviewing the Contract Documents, as determined by City; such costs will be deducted from progress payments.

3. Architect/Engineer may initiate changes by issuing a Supplemental Instruction (which shall

require written approval of Project Manager).

4. Project Manager may initiate changes in the Work or Contract Times by issuing Requests For Proposal (RFP) to Contractor. Such RFPs will detail all proposed changes in the Work and request a quotation of changes in Contract Sum and Contract Times from Contractor.

Modification Procedures (10-01) 01035 - 1

BAHIA CHILDCARE CENTER IMPROVEMENTS Specification No. 16-11058 1.03 PROCEDURE

A. Contractor shall submit RFI to Architect/Engineer and Project Manager in compliance with Section 01036 (Requests for Information). Contractor shall reference each RFI to an activity of Progress Schedule and shall note time criticality of the RFI, indicating time within which a response is required. Project Manager shall respond by issuing a Clarification.

1. If Contractor is satisfied with the Clarification and does not request change in Contract Sum or

Contract Times, then the Clarification shall be executed without a change.

2. If Contractor believes that the Clarification results in change in Contract Sum or Contract Times, Contractor shall notify Project Manager and submit a Change Order Request (COR). Project Manager may then deny request for change, modify or rescind the Clarification or issue a Change Order.

B. Contractor shall submit RFS to Project Manager who may then deny request or issue RFP.

C. Contractor shall submit Notices of Concealed or Unknown Conditions to resolve unanticipated

conditions incurred in the execution of the Work. Procedures in Paragraph 13.D of Document 00700, General Conditions, shall be followed. If Project Manager determines that a change in Contract Sum or contract Times is justified, Project Manager shall issue RFP or direct additional work under the Force Account provisions of the Contract.

D. Contractor shall submit Notices of Hazardous Waste Conditions to resolve problems regarding

hazardous materials encountered in the execution of the Work. Procedures in Paragraph 13.E of Document 00700, General Conditions, shall be followed. If Project Manager determines that a change in Contract Sum or contract Times is justified, Project Manager shall issue RFP or direct additional work under the Force Account provisions of the Contract.

E. Architect/Engineer may issue Supplemental Instruction to Contractor. Contractor shall not proceed

with Supplemental Instruction until Project Manager approves it in writing.

1. If Contractor is satisfied with Supplemental Instruction and does not request change in Contract Sum or Contract Times, then Supplemental Instruction shall be executed without a Change Order.

2. If Contractor believes that Supplemental Instruction results in change in Contract Sum or

Contract Times, Contractor shall notify Project Manager. Project Manager may then deny request for change, cancel or modify the Supplemental Instruction or issue RFP.

F. Responses by recipients shall be within a reasonable time.

G. Contractor shall respond to Project Manager's RFP within fifteen (15) working days by furnishing a

complete breakdown of costs of credits, deducts and extras; itemizing materials, labor, taxes, overhead and profit. Subcontract work shall be so indicated.

H. Upon approval of RFP, Project Manager will issue a Change Order directing Contractor to proceed

with extra work. If the parties do not agree on the price for an RFP, the Project Manager may decide the issue per Document 00700 (General Conditions), Paragraph 12.

I. Payment shall be made as follows:

1. Change Orders approved by the Project manager which increase or decrease the Contract Sum

or Contract Times shall be shown in next Progress payment Request.



2. Payment shall be made for Change Order work along with other work in progress payment following completion of Change Order work. Partial completion of Change Order work shall be paid for that part completed during the period covered by the monthly payment request.

1.04 COST DETERMINATION

A. Total cost of extra work or of work omitted shall be the sum of labor costs, material costs, equipment rental costs and specialist costs as defined herein plus overhead and profit as allowed herein. This limit applies in all cases of claims for extra work, whether calculating Change Orders, RFPs, or calculating claims of all types, and applies even in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence. No other costs arising out of or connected with the performance of extra work, of any nature, may be recovered by Contractor. No special, incidental or consequential damages may be claimed or recovered against City, its representatives or agents, whether arising from breach of contract, negligence or strict liability, unless specifically authorized in the Contract Documents.

B. Overhead and Profit:

1. Overhead shall be as defined in Article 1.08.

2. Overhead and profit on labor for extra work shall not exceed 17 percent (17%). 3. Overhead and profit on materials for extra work shall not exceed 12 percent (12%).

4. Overhead and profit on equipment rental for extra work shall not exceed 12 percent (12%).

5. When extra work is performed by a first tier subcontractor, Contractor shall receive a 5 percent

(5%) markup on subcontractors' total costs of extra work.

6. When extra work is performed by a lower tier subcontractor, Contractor shall receive a total of 10 percent (10%) markup on the lower tier subcontractors' total costs of extra work. Contractor and first tier subcontractors and lower tier subcontractors shall divide the 10% markup as mutually agreed.

C. Taxes:

1. Alameda County Sales Tax should be included. 2. Federal and Excise Tax shall not be included.

D. Owner Operated Equipment

When owner-operated equipment is used to perform extra work, Contractor will be paid for equipment and operator as follows:

1. Payment for equipment will be made in accordance with Paragraph 1.05.C. 2. Payment for cost of labor will be made at no more than rates of such labor established by

collective bargaining agreements for type of worker and location of work, whether or not owner-operator is actually covered by such an agreement.

1.05 COST BREAKDOWN

A. Labor - Contractor will be paid cost of labor for workers (including forepersons when authorized by Project Manager) used in actual and direct performance of extra work. Labor rate, whether employer is Contractor, subcontractor or other forces, will be sum of following:



1. Actual Wages - Actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation and similar purposes.

2. Labor surcharge - Payments imposed by City, City, State and Federal laws and ordinances, and

other payments made to, or on behalf of, workers, other than actual wages as defined in subparagraph 1 above, such as taxes and insurance. Labor surcharge shall be as set forth in California Department of Transportation official labor surcharges schedule which is in effect on date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein.

B. Material - Only materials furnished by Contractor and necessarily used in performance of extra work

will be paid for. Cost of such materials will be cost, including sales tax, to purchaser (Contractor, subcontractor or other forces) from supplier thereof, except as the following are applicable:

1. If cash or trade discount by actual supplier is offered or available to purchaser, it shall be

credited to City notwithstanding fact that such discount may not have been taken.

2. For materials salvaged upon completion of extra work, salvage value of materials shall be deducted from cost, less discount, of materials.

3. If cost of a material is, in opinion of Project Manager, excessive, then cost of material shall be

deemed to be lowest current wholesale price at which material is available in quantities concerned delivered to Site, less any discounts as provided in subparagraph 1 above.

C. Equipment Rental

For Contractor or subcontractor-owned equipment, payment will be made at rental rates listed for equipment in California Department of Transportation official equipment rental rate schedule which is in effect on date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type. If, however, equipment of unwarranted size or type and cost is used, cost of use of equipment shall be calculated at rental rate for equipment of proper size and type. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer approved modifications, shall be used to classify equipment for determination of applicable rental rates. Individual pieces of equipment or tools not listed in said publication and having a replacement value of three hundred dollars ($300) or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor as payment is included in payment for labor. Rental time will not be allowed while equipment is inoperative due to breakdowns.

1. For equipment on Site, rental time to be paid for equipment shall be time equipment is in

operation on extra work being performed or on standby as approved by Project Manager. The following shall be used in computing rental time of equipment:

a. When hourly rates are listed, less than thirty (30) minutes of operation shall be

considered to be one-half (1/2) hour of operation.

b. When daily rates are listed, less than four (4) hours of operation shall be considered to be one-half (1/2) day of operation.

2. For equipment which must be brought to Site to be used exclusively on extra work, cost of

transporting equipment to Site and its return to its original location shall be determined as



follows:

a. City will pay for costs of loading and unloading equipment.

b. Cost of transporting equipment in low bed trailers shall not exceed hourly rates charged by established haulers.

c. Cost of transporting equipment shall not exceed applicable minimum established rates of

California Public Utilities Commission. d. Payment for transporting, and loading and unloading equipment as above provided will

not be made if equipment is used on Work in any other way than upon extra work.

3. Rental period shall begin at time equipment is unloaded at Site of extra work and terminate at end of day on which Project Manager directs Contractor to discontinue use of equipment. Excluding Saturdays, Sundays, and legal holidays, unless equipment is used to perform extra work on such days, rental time to be paid per day shall be four (4) hours for zero (0) hours of operation, six (6) hours for four (4) hours of operation and eight (8) hours for eight (8) hours of operation, time being prorated between these parameters. Hours to be paid for equipment which is operated less than eight (8) hours due to breakdowns, shall not exceed eight (8) less number of hours equipment is inoperative due to breakdowns.

D. Work Performed by Special Forces or Other Special Services

When Project Manager and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work item may be performed by specialist. Invoices for service or item of extra work on basis of current market price thereof may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances wherein Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. Project Manager must be notified in advance of all off-site work. To specialist invoice price, less credit to City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent (15%) in lieu of overhead and profit provided in Paragraph 1.04.B.

1.06 FORCE-ACCOUNT

A. If it is impracticable because of nature of work, or for any other reason, to fix an increase or decrease in price definitely in advance, the Contractor may be directed to proceed at a not-to-exceed (NTE) maximum price which shall not under any circumstances be exceeded. Subject to such limitation, such extra work shall be paid for at actual necessary cost for Force-Account Work or at the negotiated cost, as determined by the City. The cost for Force-Account Work shall be determined pursuant to Article 1.04 except that the allowable overhead and profit mark-ups noted in Paragraph 1.04.B shall be reduced by 4 percentage points for each line item in Paragraphs 1.04.B.2 through 1.04.B.4.

B. Force Account Work shall be used when it is not possible or practical to price out the changed work

prior to the start of that work. In these cases, either Force Account Work will be utilized during the pricing and negotiation phase of the change. Once negotiations have been concluded and a bilateral agreement has been reached, the tracking of the work under Force Account is no longer necessary. Force Account Work shall also be used when negotiations between the City and the Contractor have broken apart and a bilateral agreement on the value of the changed work cannot be reached. Other uses of Force Account Work may be approved by the City's Project Manager.



C. Whenever any Force-Account Work is in progress, definite price for which has not been agreed on in advance, Contractor shall report to Project Manager each day in writing and in detail the amount and cost of labor, material and equipment used, and any other expense incurred in Force-Account Work on preceding work day as required herein. No claim for compensation for Force-Account Work will be allowed unless report shall have been made.

D. Whenever Force-Account Work is in progress, definite price for which has not been agreed on in

advance, the Contractor shall report to Project Manager when 75% of the not-to-exceed amount has been expended.

E. Force Account Work shall be paid as extra work under this Section. Above described methods of

determining payment for work and materials shall not apply to performance of work or furnishings of material which, in judgment of Project Manager, may properly be classified under items for which prices are established in Contract.

1.07 CITY FURNISHED MATERIALS

City reserves right to furnish materials as it deems advisable, and Contractor shall have no claims for costs and overhead and profit on such materials.

1.08 OVERHEAD DEFINED

The following constitutes charges that are deemed included in overhead for all contract modifications, including Force-Account Work, whether incurred by Contractor, subcontractors, or suppliers:

1. Drawings: record drawings, field drawings, shop drawings, etc. including submissions of drawings 2. Routine field inspection of work proposed 3. General Superintendence 4. General administration and preparation of change orders 5. Computer services 6. Reproduction services 7 Salaries of project engineer, project manager, superintendent, timekeeper, storekeeper and secretaries 8. Janitorial services 9. Temporary on-site facilities

a. Offices b. Telephones c. Plumbing d. Electrical: Power, lighting e. Platforms f. Fencing, etc.

10. Home office expenses. 11. Insurance and Bond premiums. 12. Procurement and use of vehicles and fuel used coincidentally in base bid work. 13. Surveying 14. Estimating 15. Protection of work 16. Final cleanup 17. Other incidental work

1.09 RECORDS AND CERTIFICATION

A. Force-Account (cost reimbursement) charges shall be recorded daily upon City supplied form. Contractor or authorized representative shall complete and sign form. Form shall provide names and classifications of workers and hours worked by each, itemize materials used, and also list size type and identification number of equipment, and hours operated, and shall indicate work done by specialists.



B. No payment for Force-Account Work shall be made until Contractor submits original invoices substantiating materials and specialists charges.

C. City shall have the right to audit all records in possession of Contractor relating to activities covered by

Contractor's claims for modification of Contract, including Force-Account Work, as set forth in Document 0700 General Conditions.

D. Further, City shall have right to audit, inspect, or copy all records maintained in connection with this

Contract, including financial records, in possession of Contractor relating to any transaction or activity occurring or arising out of, or by virtue of, Contract. If Contractor is a joint venture, right of City shall apply collaterally to same extent to records of joint venture sponsor, and of each individual joint venture member.

PART 2 PRODUCTS Not applicable to this section. PART 3 EXECUTION Not applicable to this section. END OF SECTION




SECTION 01036

REQUESTS FOR INFORMATION PART 1 GENERAL 1.01 REQUEST FOR INFORMATION

A. Contractor request for information shall be requested on a "Request For Information" (RFI) form approved by the City. This form must have, as a minimum, a "Contractors Recommended Solution" section along with a project impact section. Failure to submit questions on this form or failure to complete “Contractors Recommended Solution” will be cause for rejection of the Request for Information by the City. The Contractor must indicate if there will be a cost or time impact for the complete "Contractors Recommended Solution", at the time of submission. Contractor is not obligated to identify the extent of cost or time impact at the time of submission.

B. The Contractor shall maintain an RFI log to track information pertaining to the RFI and its response.

This Log shall be reviewed at each progress meeting and copies given to all members of the construction team on a monthly basis, as a minimum.

C. All RFI's will be graded at the time a response is generated and the RFI is returned to the Contractor.

RFI's will be graded as follows:

1. Grade 1 - A Request For Information that is not required to be answered by the Architect. Issues defined to be under the control and coordination of the Contractor by the Contract Documents. Contractor is prohibited from claims for delay or cost for any RFI responses that are in this category.

2. Grade 2 - A Request For Information where the Contractor is directed to an existing response or

answer within the Contract Documents. This category includes issues where the Contractor has not exhausted their capabilities to find the information within the Contract Documents, including referenced standards incorporated and made part of the Contract Documents. Contractor is prohibited from claims for delay or cost for any RFI responses that are in this category.

3. Grade 3 - A Request For Information that the Architect is required to respond to with a

clarification or modification to the Contract Documents, which results in a no cost or time change to the Contract. If Contractor considers that the response will have a cost or time impact and therefore should not be graded into this category, Contractor must notify the City, in writing, prior to proceeding with the modified work. Unless Contractor makes such a notification, Contractor is prohibited from claims for delay or cost for any RFI responses that are in this category.

4. Grade 4 - A Request For Information that the Architect is required to respond to with a

clarification or modification to the Contract Documents, which results in a cost or time change to the Contract. Contractor shall address claims for delay or cost, if any, by responding to RFI’s in this category with a Change Order Proposal prior to proceeding with the modification. A Change Order or a directive to proceed under Force Account will be required to proceed with the work.

Request For Information (10-01) 01036 - 1


D. Review and response to all RFI's of Grade 3 & 4 will be included in the Architect/Engineer’s scope. If

review and response to Grade 1 & 2 RFI's exceeds 10% of the entire RFI quantity at the completion of the project, City, at its sole discretion, may consider those to be additional services which shall be paid by Contractor to City at rates established in the contract between the Architect/Engineer and the City.

E. Quantity of RFI's shall not be considered a reason in and of itself for claims for time or money

(cumulative or direct) on the part of the Contractor. All Claims for time and money must be associated with specific RFI’s and documented with a schedule analysis as outlined in Section 01310.

F. Architect will endeavor to respond to RFI's within 7 working days from the date the RFI is received

from the Contractor. Failure to respond to RFI's within this time frame will not be considered grounds for Contractor to claim for time impact, unless substantial evidence is provided as outlined in section 01310 - PROJECT SCHEDULES. Failure of the Contractor to perform coordination efforts required to generate RFI in a timely fashion, so as not to adversely impact the schedule, will constitute forfeiture of the right to any resulting delay claims.

END OF SECTION

Request For Information (10-01) 01036 - 2



SECTION 01040

PROJECT COORDINATION

PART 1 GENERAL 1.01 COORDINATION

A. The Contractor shall be responsible for all Project coordination.

B. Duties of Contractor:

1. Coordinate Work of all subcontractors.

2. Establish on-site lines of authority and communication. Schedule and conduct progress meetings among subcontractors.

3. Construction schedules:

Prepare detailed schedule of operations of all subcontractors on Project. Monitor schedules as Work progresses. Observe Work to monitor compliance with schedule.

4. Temporary facilities:

Allocate space for temporary structures furnished by subcontractors. Monitor use of temporary utilities. Verify that adequate services are provided to comply with requirements for Work and climatic conditions. Administer traffic and parking controls.

5. [Not used.]

6. Changes:

Recommend necessary or desirable changes to City. Review subcontractor's request for changes and for substitutions. Submit recommendations to City. Process Change Orders.

7. Permits and fees: Verify that subcontractors have obtained permits for inspections.

8. Review all Shop Drawings, Product Data, and Samples for compliance with Contract Documents

prior to submittal to Architect/Engineer.

9. Interpretation of Contract Documents:

Consult with Architect/Engineer to obtain interpretations. Assist in resolution of questions which may arise. Transmit written interpretations to concerned parties.

10. Maintain reports and records at Project Site.

Project Coordination (10-01) 01040 - 1


Daily log progress of Work, submit daily to City. Records:

Contracts. Purchases. Materials and equipment. Applicable handbooks, codes and standards.

Obtain information from subcontractors, and maintain record documents. Assemble documentation for handling of claims and disputes.

11. Verify that specified cleaning is done during progress of Work and at completion of each contract.

12. Start-up:

Direct the check-out of utilities, operational systems and equipment. Assist in initial start-up testing. Record dates of start of operation of systems and equipment. Submit to City written notice of beginning of Warranty period for equipment put in service.

13. [Not used.]

14. [Not used.]

1.02 COORDINATION REQUIREMENTS

A. Coordination: Contractor shall coordinate the Work as stated in the General Conditions of the Contract. Contractor shall also coordinate Work under the Contract with work under separate contracts by City. Contractor shall cooperate with City and others as directed by City in scheduling and sequencing the incorporation into the Work of City Furnished/Contractor installed products identified in the Contract Drawings and Specifications.

B. Relationship of Contract Documents: Drawings, Specifications and other Contract Documents in the

Project Manual are intended to be complementary. What is required by one shall be as if required by all. What is shown or required, or may be reasonably inferred to be required, or which is usually and customarily provided for similar work, shall be included in the Work.

C. Discrepancies in Contract Documents: In the event of error, omission, ambiguity or conflict in Drawings or

Specifications, Contractor shall bring the matter to the Architect/Engineers attention in a timely manner, for the Architect/Engineers determination and direction in accordance with provisions of the General Conditions of the Contract.

D. Construction Interfacing and Coordination: Layout, scheduling and sequencing of Work shall be solely

Contractor's responsibility. Contractor shall bring together the various parts, components, systems and assemblies as required for the correct interfacing and integration of all elements of Work.

1. Contractor shall coordinate Work to correctly and accurately connect abutting adjoining,

overlapping and related elements, including work under separate contracts by City, utility agencies and companies.

1.03 COORDINATION OF SUBCONTRACTS AND SEPARATE CONTRACTS

A. Superintendence of Work: Contractor shall appoint a field superintendent who shall directly and full time supervises and coordinate all Work shown on the Drawings and in the Specifications. In order to maintain



an uninterrupted construction schedule, the field superintendent shall not be replaced by the Contractor, for other than extenuating circumstances, without prior approval by the City.

B. Subcontractors, Trades and Materials Suppliers: Contractor shall require all subcontractors, trades, crafts

and suppliers to coordinate their portions of Work with the Superintendent, Architect/Engineer and Construction Project Manager to prevent scheduling, sequencing, dimensional and other conflicts and omissions.

C. Coordination with Work Under Separate Contracts: Contractor shall coordinate and schedule Work under

the Contract with work being performed for Project under separate contracts by City, serving utilities and public agencies. Contractor shall make direct contacts with parties responsible for work of the Project under separate contracts, in order to provide timely notifications and to facilitate information exchanges.

END OF SECTION




SECTION 01060

REGULATORY REQUIREMENTS


This section includes regulatory requirements applicable to Contract. 1.02 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations referred to shall have full force and effect as though printed in full in these specifications.

B. Conform to referenced codes, laws, ordinances, rules and regulations which are in effect on date of

receipt of bids.

C. References on the Drawings or in the Specifications to "code" or "building code" not otherwise identified shall mean the codes specified below, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction.

1.03 CODES

Codes which apply to Contract include, but are not limited to, the following:

A. Cal. Building Code (Part 2, Title 24, C.C.R., including, without means of limitation, sections 16A, 102A.23, 308, 420A, 504-506, 904.2.6, 1019 and 1604)

B. Cal. Electrical Code (Part 3, Title 24, C.C.R.) C. Cal. Mechanical Code (Part 4, Title 24, C.C.R.) D. Cal. Plumbing Code (Part 5, Title 24, C.C.R), E. State Elevator Safety Regulations (Part 7, Title 24, C.C.R.) F. Uniform Building Code G. Uniform Plumbing Code H. Uniform Mechanical Code I. National Electrical Code

1.04 LAWS, ORDINANCES, RULES AND REGULATIONS

A. During prosecution of Work to be done under Contract, comply with applicable laws, ordinances, rules and regulations, including, but not limited to, the following:

B. Federal

1. Americans With Disabilities Act 2. 29 CFR, Section 1910.1001, Asbestos 3. 40 CFR, Subpart M, National Emission Standards for Asbestos 4. Executive Order 11246

Regulator Requirements (10-01) 01060 - 1


C. State of California 1. California Code of Regulations, Titles 5, 8, 19, 21, 22, 24 and 25 2. California Education Code 3. California Public Contract Code 4. California Health and Safety Code 5. California Government Code 6. California Labor Code 7. California Civil Code 8. California Code of Civil Procedure 9 CPUC General Order 95, Rules for Overhead Electric Line Construction 10. CPUC General Order 128, Rules for Construction of Underground Electric Supply and

Communications Systems 11. California Occupational Safety and Health Administration (Cal OSHA) 12. Occupational Safety and Health Administration (OSHA): Hazard Communications Standards.

D. State of California Agencies

1. State and Consumer Services Agency 2. Office of the State Fire Marshall 3. Office of Statewide Health Planning and Development

E. Local Agencies: 1. Bay Area Air Quality Management District 2. City of Berkeley 3. County of Alameda

F. Other Requirements:

1. National Fire Protection Association (NFPA): Pamphlet 101, Life Safety. G. City of Berkeley:

(1) Resolution No. 59,853-N.S. (Re: Oppressive States); (2) Resolution No. 58,291-N.S. (Re: Tropical Rainforests); (3) B.M.C. Chapter 1290 (Nuclear Free Berkeley Act); (4) Counsel Directive of October 29, 1996 Re: Virgin Redwoods; (5) Section 36, Article VII of City Charter; (6) B.M.C. Chapter 3.64 (Conflicts of Interest); (7) B.M.C. Chapter 13.26 (Non-Discrimination) (8) B.M.C. ' 13.40 (Re: Community Noise Standards); (9) B.M.C. ' 12.44 (Re: Trees); (10) B.M.C. Chapter 13.29 (Equal Benefits Ordinance); (11) Specifications for First Source Construction Program.

1.05 REQUIRED PROVISIONS ON CONTRACT CLAIM RESOLUTION

A. The California Public Contracts Code specifies required provisions on resolving contract claims less than $375,000, which are set forth below, and constitute a part of this Contract.

For the purposes of this section, "CLAIM" means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an amount the payment of which is



disputed by City. In order to qualify as a CLAIM, the written demand must state that it is a claim submitted under Paragraph 12 of Document 00700 General Conditions and be submitted in compliance with all requirements of Paragraph 12 of Document 00700 General Conditions. Separate claims which total more than $375,000 do not qualify as a "separate demand of $375,000 or less", as referenced above, and are not subject to this section.

A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a claim under the Contract. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract by submitting a separate claim in compliance with Contract claim submission requirements.

CAUTION: This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code.

B. PROCEDURE

1. The CLAIM must be in writing, submitted in compliance with all requirements of Paragraph 12

of Document 00700 General Conditions, including, but not limited to, the time prescribed by and including the documents necessary to substantiate the CLAIM, pursuant to Article 12D of Document 00700 (General Conditions). CLAIMS must be filed on or before the day of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in Paragraph 12 of Document 00700 General Conditions or elsewhere in the Contract Documents.

2. For CLAIMS of fifty thousand dollars ($50,000) or less

a. City shall respond in writing within 45 days of receipt of the CLAIM, or

b. City may request in writing within 30 days of receipt of the CLAIM, any additional

documentation supporting the CLAIM or relating to any defenses or claims City may have against Claimant.

1. If additional information is thereafter required, it shall be requested and provided

in accordance with this section, upon mutual agreement of City and Claimant.

2. City's written response to the CLAIM, as further documented, shall be submitted to Claimant within 15 days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.

3. For CLAIMS over fifty thousand dollars ($50,000) and less than or equal to $375,000:

a. City shall respond in writing within 60 days of receipt of the CLAIM, or

b. City may request in writing within 30 days of receipt of the CLAIM, any additional

documentation supporting the CLAIM or relating to any defenses or claims City may have against Claimant.

1. If additional information is thereafter required, it shall be requested and provided

in accordance with this section, upon mutual agreement of City and Claimant;

2. City's written response to the CLAIM, as further documented, shall be submitted to Claimant within 30 days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional



information, whichever is greater. 4. Meet and Confer

a. If Claimant disputes City's written response, or City fails to respond within the time

prescribed above, Claimant shall notify City, in writing, either 15 days of receipt of City's response or within 15 days of City's failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand City will schedule a meet and confer conference within 30 days for settlement of the dispute.

b. Following the meet and confer conference, if the CLAIM or any portion remains in

dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits his or her written claim as set forth above in Document 00700, Article 12B.1, until the time that CLAIM is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

1.06 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

A. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. Contractor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation. Contractor agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under this Agreement and further agrees that any violation of this prohibition on the part of Contractor, its employees, agents or assigns shall constitute a material breach of this Agreement.





SECTION 01061 REGULATORY REQUIREMENTS--HAZARDOUS WASTE PART 1 GENERAL 1.01 SUMMARY

A. This section includes regulatory requirements applicable to Contract work in connection with hazardous waste abatement and disposal, including, but not limited to, asbestos and asbestos containing materials, lead based paint, polychlorinated biphenyls, petroleum contaminated soils and materials, construction and demolition debris and any other hazardous substance or hazardous waste.

B. This section supplements Section 01060 and the work specific listings of applicable regulatory

requirements elsewhere in the specifications.

C. Related Sections.

1. Section 01060: Regulatory Requirements. 1.02 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations applicable to the Work shall have full force and effect as though printed in full in the Contract. Codes, laws, ordinances, rules and regulations are not furnished to Contractor, since Contractor is assumed to be familiar with their requirements. The listing herein of applicable codes, laws and regulations for hazardous waste abatement work is supplied to Contractor as a courtesy and shall not limit Contractor's responsibility for complying with all applicable laws, regulations or ordinances having application to the Work. Where conflict among the requirements or with these specifications exists, the most stringent requirements shall be used.

B. Contractor's work shall conform to all applicable codes, laws, ordinances, rules and regulations which are

in effect on date of contracting.

1.03 LAWS, ORDINANCES, RULES AND REGULATIONS

A. During prosecution of Work under Contract, Contractor shall comply with applicable laws, ordinances, rules and regulations, including, but not limited to, those listed below.

B. Federal:

1. Statutory Requirements:

a. Resource Conservation and Recovery Act, 42 U.S.C. '' 6901 et seq. b. Comprehensive Environmental Response, Compensation and Liability Act of 1980, as

amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. '' 9601 et seq.

c. Toxic Substances Control Act of 1976, 15 U.S.C. '' 2601 et seq. d. Hazardous Materials Transportation Act of 1975, 49 U.S.C. '' 1801 et seq. e. Clean Water Act, 33 U.S.C. '' 1251 et seq. f. Safe Drinking Water Act, 42 U.S.C. ''3001 et seq.

Regulator Requirements – Hazardous Waste (10-01) 01061 - 1


g. Clean Air Act, section 112, 42 U.S.C. '7412 h. Occupational Safety and Health Act of 1970, 29 U.S.C. '' 651 et seq. i. Underground Storage Tank Law, 42 U.S.C. ''6991 et seq. j. The Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. '' 11001

et seq.

2. Environmental Protection Agency (EPA):

a. 40 C.F.R. Parts. 260, 264, 265, 268, 270 b. 40 C.F.R. Parts 258 et seq. c. 40 C.F.R. Part 761 d. 40 C.F.R. Parts 122-124

3. Occupational Safety and Health Administration (OSHA):

a. OSHA Worker Protection Standards, Title 29 CFR Part 1926.58, Construction Standards

and 29 CFR 1910.1001 General Industry Standard b. OSHA, 29 C.F.R. Part 1926.1101, Construction Standards for Asbestos c. OSHA, Lead Exposure in Construction: Interim Final Rule, 29 C.F.R. 1926.62 d. National Emission Standard for Hazardous Air Pollutants, Title 40 CFR Part 61 e. Asbestos Hazardous Emergency Response Act, Title 40 C.F.R. 763

4. Department of Transportation:

a. Title 49 C.F.R. 173.1090 b. Title 49 C.F.R. 172 c. Title 49 C.F.R. 173 d. DOT, HM 181 and MH126f

C. State of California Requirements:

1. Statutory Law:

a. The Carpenter-Presley-Tanner Hazardous Substance Account Act, Cal. Health & Saf. Code

''25300 et seq. b. Health and Safety Code ' 25359.4 c. Hazardous Waste Control Law, Health & Safety Code ''25100 et seq. d. Porter Cologne Water Quality Control Act, Cal. Water Code ''13000 et seq. e. Health and Safety Code ''25915-25924 f. Cal. Labor Code Chapter 6, including, without limitation, '' 6382, 6501.5-6501.9, 6503.5,

9021.5, 9080 g. Cal. Bus. and Prof. Code, including without limitation, ''7058.5, 7065.01, 7118.5. h. Underground Storage of Hazardous Substance Act, Cal. Health & Saf. Code ''25280 et

seq. i. Petroleum Underground Storage Tank Cleanup, Health and Safety Code ''25299.10 et seq. j. Safe Drinking Water and Toxic Enforcement Act of 1986, Health & Saf. Code ''25249.5 et

seq. (Proposition 65) k. Above Ground Petroleum Storage Act, Health and Safety Code '' 25270 et seq. l. Hazardous Materials Release Response Plans and Inventory, California Health and Safety

Code Chapter 6.95.

2. Administrative Code and Regulations:

a. Title 22 C.C.R. Division 4.5, Environmental Health Standards for the Management of



Hazardous Waste ' 6600 et seq. b. Cal OSHA Worker Protection Standards, Title 8 C.C.R. ''1529, 5208 c. Title 8 C.C.R. '1532.1, Lead in Construction

Title 23 C.C.R. '2610 et seq. 3. Local Agency Requirements:

a. Bay Area Air Quality Management District, Fugitive Dust Rules b. Bay Area Air Quality Management District Regulation 11-2-303 c. State Water Resource Control Board, General Construction Activity Stormwater Permit

Requirements (Order 92-OS DWQ)

4. City and County Requirements:

a. Berkeley Fire Department b. City Ordinances c. County ordinances

1.04 PERMITS

A. Contractor shall comply with, implement and acknowledge effectiveness of all the permits applicable to the Work, and initiate and cooperate in securing all required notifications or approvals therefore, including but not limited to permits affecting environmental work.




SECTION 01090

REFERENCES AND DEFINITIONS


A. This section includes reference standards, abbreviations, symbols and definitions used in Contract Documents.

B. Full titles and edition dates are given in this section for standards cited in other sections of Specifications.

C. Material and workmanship specified by reference to number, symbol, or title of specific standard such as

state standard, commercial standard, federal specifications, technical society, or trade association standard, or other similar standard shall comply with requirements of standards except when more rigid requirements are specified or required by applicable codes.

D. Standards referred to, except as modified herein, shall have full force and effect as though printed in the

Contract Documents. Standards are not furnished to Contractor, since manufacturers and trades involved are assumed to be familiar with their requirements.

1.02 REFERENCE TO STANDARDS AND SPECIFICATIONS OF TECHNICAL SOCIETIES; REPORTING AND RESOLVING DISCREPANCIES:

A. Reference to standards, specifications, manuals or codes of any technical society, organization or association,

or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated in the Contract Documents.

B. If during the performance of the Work, Contractor discovers any conflict, error, ambiguity or discrepancy

within the Contract Documents or between the Contract Documents and any provision of any such law or regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any supplier, Contractor shall report it in writing at once to Project Manager and Architect/Engineer, and Contractor shall not proceed with the Work affected thereby until consent to do so is given by Project Manager.

C. Except as otherwise specifically stated in the Contract Documents or as may be provided by Change Order, or

supplemental instruction, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. The provisions of any such standard, specification, manual, code, or instruction (whether or not

specifically incorporated by reference in the Contract Documents); or

2. The provisions of any such laws or regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such law or regulation).

No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of City, Contractor, Project Manager, or Architect/Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to City, Architect/Engineer, Project Manager, or any of their consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty

References and Definitions (10-01) 01090-1


or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. D. Contractor shall comply with the applicable portions of standards and specifications published by the

technical societies, institutions, associates and governmental agencies referred to in Specifications.

1. Comply with referenced standards and specifications; latest revision in effect at the time the Agreement is executed, unless otherwise identified by date.

a. Exception: Comply with issues in effect as listed in governing legal requirements.

E. Referenced Grades Classes and Types: Where an alternative or optional grade, class or type of product or execution is

included in a reference but is not identified in the Drawings or Specifications, provide the highest, best and greatest of the alternatives or options for the intended use and prevailing conditions.

F. Jobsite Copies:

1. Contractor shall obtain and maintain at the Project site copies of reference standards identified on the

Drawings and in the Specifications in order to properly execute the Work.

2. At a minimum, the following shall be readily available at the site:

a. Model Codes: Uniform Building Code (UBC), Uniform Fire Code (UFC), Uniform Mechanical Code (UMC), Uniform Plumbing Code (UPC), NFPA 70-National Electric Code (NEC) and NFPA 101-Life Safety Code, including applicable amendments for jurisdiction in which Project is located.

b. State Codes: California Code of Regulations, Division of Industrial Safety regulations.

c. Safety Codes: State of California, Division of Industrial Safety regulations.

d. General Standards: UBC Standards, other model code standards, UL Building Products Listing, FM

Approval Guide and ASTM Standards in Building Codes.

e. Fire and Life Safety Standards: All referenced standards pertaining to fire rated construction and exiting.

f. Common Materials Standards: American Concrete Institute (ACI), American Institute of Steel

Construction (AISC), American Welding Society (AWS), Gypsum Association (GA), National Fire Protection Association (NFPA), Tile Council of America (TCA) and Woodwork Institute of California (WIC) standards to the extent referenced within the Specifications.

g. Research Reports: ICBO Research Reports and CABO National Evaluation Service Reports (NER)

for all products used.

H. Edition Date of References:

1. When an edition or effective date of a reference is not given, it shall be understood to be the current edition or latest revision published as of the date of the Agreement.

2. All amendments, changes, errata and supplements as of the effective date shall be included.

I. ASTM and ANSI References: Specifications and Standards of the American Society for Testing and

Materials (ASTM) and the American National Standards Institute (ANSI) are identified in the Drawings and Specifications by abbreviation and number only and may not be further identified by title, date, revision or amendment. It is presumed that the Contractor is familiar with and has access to these nationally-and industry-recognized specifications and standards.



1.03 STANDARDS

A. ACI (American Concrete Institute)

Standard 318, Building Code Requirements for Reinforced Concrete

B. AISC (American Institute of Steel Construction

Specifications and Code of Standard Practice for Steel Buildings and Bridges

C. ANSI (American National Standards Institute, formerly American Standards Association)

Standard C2, NESC (National Electrical Safety Code)

D. ASTM (American Society for Testing and Materials)

1. C31, Making and Curing Concrete Test Specimens in the Field

2. C42, Obtaining and Testing Drilled Cores and Sawed Beams of Concrete

3. C143, Test Method for Slump of Portland Cement Concrete

E. IAPMO (International Association of Plumbing and Mechanical Officials)

1. UMC (Uniform Mechanical Code)

2. UPC (Uniform Plumbing Code)

F. ICBO (International Conference of Building Officials)

1. UBC (Uniform Building Code)

2. UBC Standard 26-8, Welding Reinforcing Steel, Sheet Metal inserts and Connections in Reinforced Concrete Construction

3. UBC Standard 26-10, Concrete Tests

4. UFC (Uniform Fire Code)

G. NEMA (National Electric Manufacturer's Association)

H. NFPA (National Fire Protection Association)

1. Pamphlet 1, Fire Prevention Code 2. Pamphlet 13, Sprinkler Systems, Installation 3. Pamphlet 24, Private Fire Service Mains 4. Pamphlet 70, NEC (National Electric Code) 5. Pamphlet 71, Signaling Systems, Central Station 6. Pamphlet 80, Fire Doors and Windows 7. Pamphlet 101, Life Safety Code

I. UL (Underwriters' Laboratories, Inc.)



1.04 ABBREVIATIONS

A. Listed hereinafter are the various organizations or references which may appear in the Contract Documents, along with their respective acronyms and/or abbreviations:

AA Aluminum Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturers Association AAP Affirmative Action Program AASHTO American Association of State Highway and Transportation Officials ABMA American Boiler Manufacturers Association ABPA American Board Products Association ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute (formerly American Standards Association) AMCA Air Moving and Conditioning Association, Inc. ANSI American National Standards Institute APA American Plywood Association ARI Air Conditioning and Refrigeration Institute ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASI Architect's Supplemental Instructions ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWCI Association of the Wall and Ceiling Industries AWPA American Wood Preserves Association AWPB American Wood Preservers Bureau AWS American Welding Society AWWA American Water Works Association BIL Basic Insulation Level Cal/OSHA California Occupational Safety and Health Administration CCD Construction Change Directive CCR California Code of Regulations CFR Code of Federal Regulations CISPI Cast Iron Soil Pipe Institute CLMFI Chain Link Manufacturers Institute CO Change Order CPM Critical Path Method CPUC California Public Utilities Commission CRA California Redwood Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standards, U.S. Department of Commerce CTI Ceramic Tile Institute DHI Door and Hardware Institute FGMA Flat Glass Marketing Association FM Factory Mutual FS Federal Specifications GA Gypsum Association HPMA Hardwood Plywood Manufacturers Association HVAC Heating, Ventilating and Air Conditioning IACS International Annealed Copper Standards



IAPMO International Association of Plumbing and Mechanical Officials ICBO International Conference of Building Officials ICEA Insulated Cable Engineers Association I.D. Identification IEEE Institute of Electrical and Electronic Engineers, Inc. IES Illuminating Engineering Society JATC Joint Apprenticeship Training Committee JV Joint Venture Kw Kilowatt LBE Local Business Enterprise MBE Minority Business Enterprise M.I. Middle Initial MIA Masonry Institute of America MIA Marble Institute of America ml milliliter MLSFA Metal Lath/Steel Framing Association mm millimeter MS Military Specifications MSS Manufacturers Standardization Society of the Valve & Fitting Industry M/WBE Minority and Woman-Owned Business Enterprise NAAMM National Association of Architectural Manufacturers NBS National Bureau of Standards NEC National Electric Code NEMA National Electric Manufacturer's Association NESC National Electrical Safety Code NFPA National Fire Protection Association NFPA National Forest Products Association NOFMA National Oak Flooring Manufacturers Association NSF National Sanitation Foundation NTMA National Terrazzo & Mosaic Association NWWDA National Wood Windows and Doors Association OSA Division of State Architect (formerly known as the Office of the State Architect) PCA Portland Cement Association PCI Prestressed Concrete Institute PDI Plumbing and Drainage Institute PM Preventive Maintenance PR Proposal Request PS Product Standard, U. S. Department of Commerce RFI Request for Information RFS Request for Substitution RIS Redwood Inspection Service SDI Steel Deck Institute SFM State of California, Office of State Fire Marshal SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joint Institute SMACNA Sheet Metal and Air Conditioning Contractors National Association SPIB Southern Pine Inspection Bureau SSPC Steel Structures Painting Council SWI Steel Window Institute TCA Tile Council of America UBC Uniform Building Code UFC Uniform Fire Code UL Underwriters' Laboratories, Inc. UMC Uniform Mechanical Code



UPC Uniform Plumbing Code WCLIB West Coast Lumber Inspection Bureau WIC Woodwork Institute of California WHI Warnock Hersey International WWPA Western Wood Products Association

B. ABBREVIATIONS IN SPECIFICATIONS

accord accordance Co. Company Corp. Corporation cu. cubic Div. Division dia. diameter ft. foot (feet) gal. gallon (gallons) hr. hour in. inch (inches) Inc. Incorporated lbs. pounds Mfg. Manufacturing No. number o.c. on centers O.D. outside diameter psi pounds per square inch psf pounds per square foot sq. square T & G tongue and groove U.S. United States yd. yard (yards)

C. ABBREVIATIONS IN DRAWINGS

Additional abbreviations, used only on drawings, are listed thereon.

1.05 SYMBOLS

A. SYMBOLS IN SPECIFICATIONS

: "shall be" or "shall" - where used within sentences or paragraphs #1 number 1# pound & and % percent C. Centigrade F. Fahrenheit ` degree / per, except where used to combine words; example: power/fuel. " inch (inches) ' foot (feet) @ at

B. SYMBOLS IN DRAWINGS



Symbols, used only on Drawings, are shown thereon. 1.06 DEFINITIONS

A. Wherever any of the words or phrases defined below, or a pronoun used in place thereof, is used in any part of the Contract Documents, it shall have the meaning here set forth:

ADDENDA: Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding requirements or the Contract Documents. Addenda shall not include the minutes of the Pre-bid Conference and Site Visit.

ADDITIVE BID: The sum to be added to the Base Bid if the change in scope of work as described in Additive Bid is accepted by City.

AGREEMENT (Document 00510): Agreement is the basic contract document that binds the parties to construction Work. Agreement defines relationships and obligations between City and Contractor and by reference incorporates Conditions of Contract, Drawings, Specifications and contains Addenda and all Modifications subsequent to execution of Contract.

ALTERNATE: Work added to or deducted from the Base Bid, if accepted by City.

APPROVED EQUAL: Approved in writing by City as being of equivalent quality, utility and appearance.

ARCHITECT, ARCHITECT/ENGINEER, or ENGINEER: A representative of the City, whose firm has been designated within the Contract Documents as the Architect, Architect/Engineer, or Engineer, to provide architectural and/or engineering services on the Project, and whom may have engaged subconsultants to provide services on Project.

When the Architect, Architect/Engineer, or Engineer is referred to within the Contract Documents and no such individual or firm has been designated by the City, then the matter shall be referred to City. The terms Architect, Architect/Engineer, or Engineer shall be construed to include all his or her consultants retained for the Project, as well its employees. When the designated Architect, Architect/Engineer, or Engineer is an employee of City, his or her authorized representatives on the Project will be included under the terms Architect, Architect/Engineer, or Engineer. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

BIDDER: One who submits a Bid.

BY CITY: Work that will be performed by City or its agents at the City's expense.

BY OTHERS: Work that is outside scope of Work to be performed by Contractor under this Contract, which will be performed by City, other contractors, or other means.

CHANGE ORDER: A written instrument prepared by City and signed by City and Contractor, stating their agreement upon all of the following:

a. a change in the Work,

b. the amount of the adjustment in the Contract Sum, if any, and

c. the amount of the adjustment in the Contract Time, if any.



CONCEALED: Work not exposed to view in the finished Work, including within or behind various construction elements.

CONTRACT CONDITIONS: Conditions of Contract define basic rights, responsibilities and relationships of Contractor and City and consists of two parts: General Conditions and Supplementary Conditions.

a. General Conditions are general clauses which are common to the City Contracts.

b. Supplementary conditions modify or supplement General Conditions to meet specific requirements for this

Contract.

CONTRACT DOCUMENTS: Contract Documents shall consist of the documents identified as the Contract Documents in Document 00510 Agreement, plus all changes, addenda and modifications thereto.

CONTRACT MODIFICATION: Either:

a. a written amendment to Contract signed by Contractor and City; or

b. a Change Order; or

c. a written directive for a minor change in the Work issued by City.

CONTRACT SUM: The sum stated in the Agreement and, including authorized adjustments, the total amount payable by City to Contractor for performance of the Work and the Contract Documents. The Contract Sum is also referred to as the Contract Price or the Contract Amount.

CONTRACT TIMES: The number or numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion of the Work or designated milestones and/or (ii) to complete the Work so that it is ready for final payment and is accepted.

CONTRACTOR: The person or entity identified as such in the Agreement and referred to throughout the Contract Documents as if singular in number and neuter in gender. The term "Contractor" means the Contractor or its authorized representative. CONTRACTOR'S EMPLOYEES: Persons engaged in execution of Work under Contract as direct employees of Contractor, as subcontractors, or as employees of subcontractors.

CONSTRUCTION MANAGER: A representative of City with authority to act on behalf of City, as specified by City or Project Manager.

CITY: City of Berkeley or any of its authorized agents.

CITY-FURNISHED, CONTRACTOR-INSTALLED: Items furnished by City at its cost for installation by Contractor at its cost under this Contract.

CITY REPRESENTATIVE(S): The person or persons assigned by City to be City's agent(s) at the site. DATE OF SUBSTANTIAL COMPLETION: Date of Substantial Completion of Work or designated portion thereof is date certified by Project Manager when construction is sufficiently complete in accordance with Contract Documents for City to occupy Work or designated portion thereof and have beneficial use of it for the purposes intended. DAY: One calendar day, unless the word "day" is specifically modified to the contrary.



DEFECTIVE: An adjective which, when modifying the word "Work", refers to Work that is unsatisfactory or unsuited for the use intended, faulty, or deficient, that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents (including but not limited to approval of samples and "or equal" items), or has been damaged prior to final payment (unless responsibility for the protection thereof has been assumed by City). Project Manager is the judge of whether Work is defective. DRAWINGS: The graphic and pictorial portions of Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. ENGINEER: See Architect, Architect/Engineer, or Engineer EQUAL: Equal in opinion of Project Manager. Burden of proof of equality is responsibility of Contractor. EXPOSED: Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other construction elements. FINAL ACCEPTANCE or FINAL COMPLETION: City's acceptance of the Work as satisfactorily completed in accordance with Contract Documents. Requirements for Final Acceptance/Final Completion include, but are not limited to:

a. All Systems having been tested and accepted as having met requirements of Contract Documents.

b. All required instructions and training sessions having been given by Contractor.

c. All as-built drawings and operations and maintenance manuals and Machine Inventory Sheets having been

submitted by Contractor, reviewed by Project Manager and accepted by City.

d. All punch list work, as directed by City, having been completed by Contractor.

e. Generally all Work, except Contractor maintenance after Final Acceptance, having been completed to satisfaction of City.

FORCE ACCOUNT: Work directed to be performed without prior agreement as to lump sum or unit price cost thereof, and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for overhead and profit. FURNISH: Supply only, do not install.

INDICATED: Shown or noted on the Drawings or in the Specifications. INSPECTOR: The person engaged by City to inspect the workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if such construction complies with the Contract Documents and applicable codes.

INSTALL: Install or apply only, do not furnish. LATENT: Not apparent by reasonable inspection, including but not limited to, the inspections and research required as a condition to bidding under the General Conditions.

MATERIAL OR MATERIALS: These words shall be construed to embrace machinery, manufactured articles, materials of construction (fabricated or otherwise), and any other classes of material to be furnished in connection with Contract, except where a more limited meaning is indicated by context.



MILESTONE: A principal event specified in Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all Work.

MODIFICATION: Same as Contract Modification. NOT IN CONTRACT: Work that is outside the scope of work to be performed by Contractor under this Contract.

NOTICE OF AWARD: A written notice given by City to lowest responsive, responsible bidder advising that Bidder's bid and other qualifying information is acceptable to City, requiring Bidder to fulfill the requirements of Article 3.A of Document 00700 General Conditions. NOTICE TO PROCEED: A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which contractor shall start to perform Contractor's obligations under the Contract Documents.

OFF SITE: Outside geographical location of the Project.

OWNER: City of Berkeley or its authorized agents.

PROGRESS REPORT: a periodic report submitted by Contractor to City with progress payment invoices accompanying actual work accomplished to the Program Schedule. See Section 01310 Progress Schedules and Reports of Document 00700 General Conditions.

PROJECT: Total construction of which Work performed under this Contract may be whole or part.

PROJECT MANAGER: City's authorized agent representing City on all matters of the Contract. Project Manager may authorize agents and representatives to act in carrying out Project Manager's duties, including a "Construction Manager", to act under the authority of the Project Manager. As City's agent, the Project Manager is the beneficiary of all contract obligations of Contractor to City, including without limitation, all releases and indemnities. PROJECT MANUAL: Project Manual consists of Bidding Requirements, Agreement, Bonds, Certificates, Contract Conditions, and Specifications.

PROVIDE: Furnish and install. REQUEST FOR INFORMATION ("RFI"): A document prepared by Contractor requesting information regarding the Project or Contract Documents. The RFI system is also a means for City and Architect/Engineer to submit Contract Document clarifications or supplements to Contractor.

REQUEST FOR SUBSTITUTION ("RFS"): A document prepared by Contractor requesting substitution of any unlisted materials in lieu of materials named in the specifications or approved for use in addenda.

RFI-REPLY: A document consisting of supplementary details, instructions or information issued by the Project Manager or Architect/Engineer which clarifies or supplements Contract Documents, and with which Contractor shall comply. RFI-Replies do not constitute changes in Contract Sum or Contract Times except as otherwise agreed in writing by City. RFI-Replies will be issued through the RFI administrative system.

SAMPLES: Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the work.



SHOWN: As indicated on Drawings.

SITE: The particular geographical location of Work performed pursuant to Contract. SPECIFICATIONS: The written portion of the Contract Documents consisting of requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services; and are contained in Divisions 1 through 16.

SPECIFIED: As written in Specifications.

SUBCONTRACTOR: A person or entity who has a direct contract with Contractor to perform a portion of the Work at the site. The term "subcontractor" is referred to throughout the Contract Documents as if singular in number and neuter in gender and means a subcontractor or an authorized representative of the subcontractor. The term "subcontractor" does not include a separate contractor or subcontractors of a separate contractor.

SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Project Manager and Architect/Engineer as evidenced by a Certificate of Substantial Completion, the Work is sufficiently complete, in accordance with Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment is evidenced by written recommendation of Project Manager and/or Architect/Engineer for final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof.

SUPPLEMENTAL INSTRUCTION: A written work change directive to Contractor from Project Manager or Architect/Engineer, approved by Project Manager, ordering alterations or modifications which do not result in change in Contract Sum or Contract Times, and do not substantially change Drawings or Specifications.

UNDERGROUND FACILITIES: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: Electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.

WORK: The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents within the Contract Time. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents including the Plans and Specifications. Wherever the word "work" is used, rather than the word "Work", it shall be understood to have its ordinary and customary meaning.

B. Wherever words "as directed", "as required", "as permitted", or words of like effect are used, it shall be understood

that direction, requirements, or permission of City or Project Manager is intended. Words "sufficient", "necessary", "proper", and the like shall mean sufficient, necessary or proper in judgement of City or Project Manager. Words "approved", "acceptable", "satisfactory", "favorably reviewed" or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or favorably reviewed by City or Project Manager.

C. Wherever the word "may" is used, the action to which it refers is discretionary. Wherever the word "shall" is used,

the action to which it refers is mandatory. PART 2 PRODUCTS




PART 3 EXECUTION

Not applicable to this section. END OF SECTION




SECTION 01200

PROJECT MEETINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED

A. Preconstruction conferences.

B. Construction progress meetings.

C. Pre-installation conferences. 1.02 RELATED REQUIREMENTS

A. Section 01000 - Summary of the Work.

B. Section 01025 - Measurement and Payment.

C. Section 01035 - Contract Modification Procedures.

D. Section 01040 - Project Coordination.

E. Section 01400 - Quality Control. 1.03 NOT USED 1.04 PRECONSTRUCTION CONFERENCE

A. Preconstruction Conference: City will administer preconstruction conference at Project site for clarification of responsibilities of City, Architect/Engineer and Contractor, use of site and for review of administrative procedures.

B. Schedule: Preconstruction conference shall occur prior to start of any work on site.

C. Agenda: Preconstruction Conference shall cover the following topics as a minimum.

1. Special Project Procedures: Implementation of requirements of specified Special Project

procedures.

2. Subcontractors List: Distribute and discuss list of subcontractor and suppliers.

3. Construction Schedule: Distribute and discuss initial construction schedule and critical work sequencing of major elements of Work, including coordination of City-Furnished/ Contractor-Installed (CFCI) products and work under separate contracts by serving utility agencies and companies and City.

4. Designation of Key Personnel: Designate key personnel and update project directory for City,

Architect/Engineer, Architect/Engineer's consultants, City's consultants, Contractor, major subcontractors, major materials suppliers, serving utility agencies and companies, other contractors performing work under separate contractor and governing authorities having jurisdiction.

Project Meetings (10-01) 01200 - 1


5. Project Communication Procedures: Review requirements and administrative requirements for

written and oral communications.

6. Change Procedures: Review requirements and administrative procedures for Change Orders, Construction Change Directives, Architect/Engineer's supplemental instructions, Contractor's Requests for Information.

7. Coordination: Review requirements for Contractor's coordination of Work; review sequence and

schedule for work being performed for City under separate contracts.

8. Submittals Administration: Review administrative procedures for shop drawings, project data and samples submittals and review of preliminary submittals schedule.

9. Project Record Documents: Review requirements and procedures for project record drawings and

specifications.

10. Construction Facilities and Temporary Utilities: Designate storage and staging areas, construction office areas; review temporary utility provisions; present City's requirements for use of premises.

11. Materials and Equipment: Review substitution requirements; review schedule for major equipment

purchases and deliveries; review materials and equipment to be provided by City (CFCI products).

12. Site Access by City and Architect/Engineer: Review requirements and administrative procedures Contractor may wish to institute for identification and reporting purposes.

13. Testing and Inspection: Review tests and inspections by independent testing and inspection agency;

review tests, inspections and reports by manufacturers; review tests and inspections by governing authorities having jurisdiction.

14. Permits and Fees: Review Contract requirements; review schedule and process for obtaining

permits and paying fees. 1.05 CONSTRUCTION PROGRESS MEETINGS

A. Schedule: Project meetings shall be periodically scheduled throughout progress of the Work. Frequency shall be as determined necessary for progress of Work. Generally, it is intended that progress meetings be held at biweekly intervals, except for the final month when weekly meetings are expected in order to perform Contract Closeout.

B. Administration: Contractor shall make physical arrangements for meetings. Contractor shall submit

proposed agenda to participants. City will preside at meetings, record minutes and distribute copies within five days to Architect/Engineer, Contractor, participants and those affected by decisions made at meetings.

C. Attendance: Contractor's project manager and jobsite superintendent shall attend each meeting.

Contractor's subcontractors and supplier may attend as appropriate to subject under discussion. City will have a representative attend each meeting. Architect/Engineer and Architect/Engineer's consultants, as appropriate to agenda topics for each meeting and as provided in City-Architect/Engineer Agreement, will also attend.

D. Suggested Agenda for Progress Meetings:

1. Work progress, status of progress schedule and adjustments thereto.

2. Long-lead time equipment and materials delivery schedule.



3. Submittals status.

4. Maintenance of quality standards.

5. Pending changes and substitutions.

6. Review of Request for Information (RFI), field observations, problems and/or conflicts.

7. Revisions to construction schedule, including corrective measure and procedures to regain project

schedule.

8. Review of minutes of previous meeting.

9. Other items affecting progress of Work. 1.06 PRE-INSTALLATION CONFERENCES

A. Pre-Installation Conferences: when required in individual specification Sections, convene a pre-installation conference prior to commencing Work specified in the Section.

1. Require attendance by representatives of firms whose activities directly affect or are affected by

Work specified in the Section.

2. Review conditions of installation, preparation and installation procedures and coordination with related Work and work under separate contracts.

END OF SECTION




SECTION 01300

SUBMITTALS PART 1 GENERAL 1.01 SUMMARY

A. This section describes general requirements for submittals for the Work:

1. Procedures 2. Schedule of Shop Drawing and Sample Submittals 3. Safety Plan 4. Progress Schedule 5. Product Data 6. Shop drawings 7. Samples 9. Quality Control Submittals

a. Design Data b. Test Reports c. Certificates d. Manufacturers' Instructions

10. Machine Inventory Sheets 11. Operations and Maintenance Manuals 12. Computer Programs 13. Project Record Documents

B. Related Sections

1. Section 01000: Summary of Work 2. Section 01025: Measurement and Payment 3. Section 01035: Modification Procedures 4. Section 01310: Progress Schedules and Reports 5. Section 01700: Contract Closeout 6. Section 01720: Project Record Documents

1.02 PROCEDURES

A. Submit at own expense Schedule of Shop Drawing and Sample Submittals, Safety Plans, Progress Schedule, Product Data, Shop Drawings, Samples, Quality Control Data, Machine Inventory Sheets, Operations and Maintenance Manuals, Computer Programs, and Project Record Documents required by the Contract Documents. Submit these submittals to Project Manager and Architect/Engineer for review and approval in accordance with accepted schedule of Shop Drawings and Samples submittals. If no such schedule is agreed upon, or if the Contract Time is less than 100 days, then all Shop Drawing, Samples and product data submittals shall be completed within sixty (60) days after receipt of Notice to Proceed from City.

B. Transmit each item with a standard letter of transmittal in form approved by Project Manager. Identify

project, Contractor, subcontractor, major supplier, pertinent drawing sheet and detail number, and specification section number as appropriate. Provide space for Contractor and A/E review stamps.

Submittals (10-01) 01300 - 1


Where manufacturer's standard drawings or data sheets are used, they shall be marked clearly to show those portions of the data which are applicable to this project. Submittals shall be submitted based on each technical specification section. Submittals containing information about more than one specification section will be returned for resubmittal. Submittals shall include all information requested by each specification section. (No partial submittals) Incomplete submittals will be returned not reviewed by the Architect/Engineer. Provide a log number and reference to Specifications Section and/or Drawing sheets and details, for each submittal for ease of identification of submittal.

C. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions,

specified performance and design criteria, materials and similar data to show Project Manager and Architect/Engineer the materials and equipment Contractor proposes to provide and to enable Project Manager and Architect/Engineer to review the information for the limited purposes specified below. Samples shall be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise as Project Manager and Architect/Engineer may require to enable Project Manager and Architect/Engineer to review the submittal. The number of each Sample to be submitted will be as specified in the Specifications.

D. At the time of each submission, Contractor shall give Project Manager and Architect/Engineer specific

written notice of all variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, and the reasons therefore. This written notice shall be in a written communication separate from the submittal. In addition, Contractor shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Project Manager and Architect/Engineer for review and approval of each such variation. If City accepts deviation, City shall issue appropriate Contract Modification.

E. Submittal coordination and verification is responsibility of Contractor; this responsibility shall not be

delegated in whole or in part to subcontractors or suppliers. Before submitting each Shop Drawing or Sample, Contractor apply a stamp with his signature to verify that he has reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, and shall have determined and verified:

1. All field measurements, quantities, dimensions, specified performance criteria, installation

requirements, materials, catalog numbers and similar information with respect thereto;

2. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and

3. All information relative to Contractor's sole responsibilities and of means, methods, techniques,

sequences and procedures of construction and safety precautions and programs incident thereto.

F. Contractor's submission to Project Manager and Architect/Engineer of a Shop Drawing or Sample submittal will constitute Contractor's representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above, with respect to Contractor's review and approval of that submittal.

G. Designation of work "by others", if shown in submittals, shall mean that work will be responsibility of

Contractor rather than subcontractor or supplier who has prepared submittals.

H. After review by Project Manager and Architect/Engineer of each of Contractor's submittals, one of set of duplicates of material will be returned to Contractor with actions defined as follows:

1. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submittals and

additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown on the submittal.

Submittals (10-01) 01300 - 2


2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as 1. above, except that minor corrections as noted shall be made by Contractor.

3. AMEND AND RESUBMIT - Rejected because of major inconsistencies or errors which shall

be resolved or corrected by Contractor prior to subsequent review by Project Manager and Architect/Engineer.

4. REJECTED - RESUBMIT - Submitted material does not conform to Contract Documents in

major respect, i.e.: wrong size, model, capacity, or material.

I. It is considered reasonable that Contractor shall make a complete and acceptable submittal at least by second submission. City reserves the right to deduct monies from payments due Contractor to cover additional costs of Project Manager's and Architect/Engineer's review beyond the second submission. Illegible submittals will be rejected and returned to Contractor for resubmission.

J. Favorable review will not constitute acceptance by Architect/Engineer or City of any responsibility for

the accuracy, coordination and completeness of the submittals. Accuracy, coordination, and completeness of Submittals shall be sole responsibility of Contractor, including responsibility to backcheck comments, corrections, and modifications from City's or Architect/ Engineer's review before fabrication. Submittals may be prepared by Contractor, subcontractors, or suppliers, but Contractor shall ascertain that submittals meet requirements of Contract Documents, while conforming to structural space and access conditions at point of installation. Project Manager and Architect/Engineer's review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as indicated by the Contract Documents. Favorable review of submittal, method of work, or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility for errors therein and shall not be regarded as assumption of risks or liability by Architect/Engineer or City, or any officer or employee thereof, and Contractor shall have no claim under Contract on account of failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Favorable review shall be considered to mean merely that Architect/Engineer or City has no objection to Contractor using, upon his own full responsibility, plan or method of work proposed, or furnishing materials and equipment proposed.

K. Project Manager's and Architect/Engineer's review will not extend the means, methods, techniques,

sequences or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

L. Submit complete initial submittal for those items where required by individual specification Sections.

Complete submittal shall contain sufficient data to demonstrate that items comply with Specifications, shall meet minimum requirements for submissions cited in technical specifications, shall include motor data and seismic anchorage certifications, where required, and shall include necessary revisions required for equipment other than first named. If Contractor submits incomplete initial submittal, when complete submittal is required, submittal may be returned to Contractor without review.

M. It shall be Contractor's responsibility to copy, conform and distribute reviewed submittals in sufficient

numbers for Contractor's files, subcontractors and vendors.

N. After Project Manager's and Architect/Engineer's review of submittal, revise and resubmit as required. Identify changes made since previous submittal.

1. Begin no fabrication or work which require submittals until return of submittals not requiring

resubmittal.

Submittals (10-01) 01300 - 3


2. Normally, submittals will be processed and returned to Contractor within twenty (20) working days of receipt.

O. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report

any inability to comply with provisions.

P. All shop drawings and submittals shall be number identified by the Contractor, prior to submission to the Architect/Engineer, in accordance with the following:

a. The contractor shall use the Project Manual Specifications list as the basis for number

identification of all shop drawings and submittals.

b. Affix the specification number under which each submittal is made on every copy of each shop drawing, product data, sample, certification, O & M manual, etc. (i.e. overhead coiling doors shop drawings and data would bear the number "08330").

c. On the first type or group of submittals under each specification number, add the suffix

designation "1A" (i.e. overhead coiling doors shop drawings with its product data would be numbered 08330-1A). The number suffix indicates it is the first type or kind of submittal under that specification section, the letter suffix indicates whether it is the original submittal or a resubmittal.

d. All submittals shall include all information requested by each specification section. No partial

submittals will be accepted unless previously authorized by the Architect/Engineer. In the event a partial submittal is authorized, each subsequent different submittal (as opposed to resubmittal) is numbered sequentially. (i.e. if O & M manuals are submitted at a later date, they should have the number "2" (i.e. 08330-2A).

e. If a submittal is rejected, returned not reviewed or marked revise and resubmit, the subsequent

resubmittal is indicated by the letter suffix designation (i.e. the original overhead coiling door shop drawings were marked "revise and resubmit", the first resubmittal would be marked 08330-1B).

Q. Submission requirements:

1. Schedule submissions at least 30 days before dates reviewed submittals will be needed.

2. Submit one reproducible transparency and two blue line prints or photocopies of Shop Drawings

and number of copies of Product Data which Contractor requires for distribution plus three copies which will be retained by Architect/Engineer.

3. Submit three Samples, unless otherwise specified.

4. Accompany submittals with transmittal letter, in duplicate, containing:

Date, and revision date and submittal log number. Project title and Project number. Contractor's name and address. Specification Section clearly identified. The quantity of each Sop Drawing, Product Datum, and Samples submitted. Materials safety data sheet (MSDS) for each item complying with OSHA's HazardCommunication Standard 29 CFR 1910.1200.

Other pertinent data.

Submittals (10-01) 01300 - 4


5. Submittal shall include:

Date and revision dates. Revisions, if any, identified. Project Title and number. The names of: Architect/Engineer, Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinent. Identification of product material by location within the Project. Relation to adjacent structure or materials. Field dimensions, clearly identified as such. Specification Section number and applicable detail reference numbers on the drawings. Applicable standards, such as ASTM, ANSI, FS, NEMA, SMACNA or ACI. A blank space, on each Drawings or data sheet, 5" x 4" for the Architect/Engineer's stamp. Identification of deviations from Contract Documents. Contractor's stamp, initialed or signed, with language certifying the review of submittals, Verification of field measurements, construction criteria and technical standards in compliance with Contract Documents.

R. Resubmission requirements:

1. Shop Drawings:

a. Revise initial Shop Drawings as required and resubmit as specified for initial submittals.

b. Indicate on Shop Drawings any changes which have been made other than those

requested by Architect/Engineer.

2. Product Data and Samples: Submit new Data and Samples as required for initial submittals.

S. Number of resubmissions:

1. One reexamination of Contractor's submittals which have been returned for correction or replacement will be included in the Architect/Engineer's scope. Any additional reexamination of Contractor's submittals will be considered additional scope services to be paid by the Contractor through the City.

1.03 SCHEDULE OF SHOP DRAWING AND SAMPLE SUBMITTALS

A. Submit preliminary Schedule of Shop Drawing and Sample Submittals as required by Document 00700 General Conditions. Submit two (2) copies of final and accepted schedule of submittals of shop drawings and samples as required by Document 00700 General Conditions, no later than thirty (30) days following Notice to Proceed.

B. Schedule of Shop Drawing and Sample Submittals will be used by Project Manager and

Architect/Engineer to schedule their activities relating to review of submittals. Schedule of submittals shall indicate a spreading out of submittals and early submittals of long lead-time items and of items which require extensive review.

C. Schedule of Shop Drawing and Sample Submittals may be reviewed by Project Manager and shall be

revised and resubmitted until accepted by Project Manager.

Submittals (10-01) 01300 - 5


1.04 SAFETY PLAN

A. Submit two (2) copies of Safety Plan specific to this Contract to Project Manager within fifteen (15) calendar days after Start Date of the Contract Times.

B. Not used.

C. No on-site work shall be started until Safety Plan has been submitted to City. Submission of Safety

Plan shall not affect Contractor's responsibility for maintaining a safe working place and instituting safety programs in connection with project.

1.05 PROGRESS SCHEDULE

A. See Section 01310, Progress Schedules and Reports, for schedule and report requirements.

B. Submit one (1) reproducible and three (3) print copies of schedule at each of the following times:

1. Initial CPM Schedule at the Preconstruction Conference (covering in detail first 60 days of contract performance, and at a summary level for remainder of contract).

2. Original CPM Schedule within sixty (60) days of the Notice to Proceed date (covering in detail

entire Work of Contract to completion).

3. Adjustments to the CPM Schedule as required.

4. CPM Schedule updates monthly.

C. Submit four (4) copies of the reports listed in Section 01310, Progress Schedules and Reports, with:

1. Initial CPM Schedule 2. Original CPM Schedule 3. Each monthly Schedule update

D. Progress Schedules and Reports shall be submitted on flash drive in addition to hard copies specified

above. 1.06 PRODUCT DATA

A. Within twenty-one (21) calendar days after Notice to Proceed submit two (2) copies of complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. Tabulate product data by specification section number.

B. For products specified only by reference standards, give manufacturer, trade name, model or catalog

designation, and reference standards.

C. Product or Catalog Data:

1. Manufacturers standard drawings shall be modified to delete non-applicable data or include applicable data.

2. Manufacturers catalog sheets, brochures, diagrams, schedules, charts, illustrations and other

standard descriptive data shall be:

a. Mark each copy to identify pertinent materials, products, or models.

Submittals (10-01) 01300 - 6


b. Show dimensions and clearances required; performance characteristics and capacities; wiring diagrams and controls.

D. Supplemental Data:

1. Submit number of copies which Contractor requires, plus three (3) copies which will be retained

by Project Manager.

2. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturer's standard data to provide information unique to Project.

E. Provide copies for Project Record Documents described in Section 01700 Contract Closeout.

1.07 SHOP DRAWINGS

A. Minimum Sheet Size: 8-1/2 inches by 11 inches, 34 inches by 44 inches maximum.

B. For 8-1/2 inch by 11 inch and 11 inch by 17 inch sheets, submit number of copies which Contractor requires, plus four (4) copies which will be retained by Project Manager and Architect/Engineer.

C. For 17 inch by 22 inch through 34 inch by 44 inch sheets, submit 1 reproducible transparency and two

(2) prints. After review, reproduce and distribute.

D. Original sheet or reproducible transparency will be marked with Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

E. Mark each copy to identify applicable Products, models, options, and other data; supplement

manufacturers' standard data to provide information unique to Work.

F. Include manufacturers' installation instructions when required by specification section.

G. If Contractor submits shop drawings for items which shop drawings are not specified, Architect/Engineer will not be obliged to review them.

H. Contractor shall be responsible for procuring copies of shop drawing for its own use as he may require

for the progress of the work.

I. Shop drawings shall be drawn to scale and completely dimensioned, giving plan together with such sections as are necessary to clearly show construction detail and methods.

1.08 SAMPLES

A. Submit full range of manufacturers' standard colors, textures, and patterns for Project Manager's selection.

B. Submit samples to illustrate functional and aesthetic characteristics of Product, with integral parts and

attachment devices. Coordinate submittal of different categories for interfacing work.

C. Include identification on each sample, giving full information.

D. Submit three (3) samples unless otherwise specified. Two (2) will be retained.

Submittals (10-01) 01300 - 7


E. Sizes: Unless otherwise specified, provide the following:

1. Paint Chips: Manufacturers' standard 2. Flat or Sheet Products: Minimum 6 inches square, maximum 12 inches square 3. Linear Products: Minimum 6 inches, maximum 12 inches long 4. Bulk Products: Minimum 1 pint, maximum 1 gallon

F. Full size samples may be used in Work upon approval.

G. Field Samples and Mock-ups:

1. Erect field samples and mock-ups at Project site in accordance with requirements of

Specification sections.

2. Modify or make additional field samples and mock-ups as required to provide appearance and finishes approved by Project Manager.

3. Approved field samples and mock-ups may be used in Work upon approval.

4. Construct or prepare as many additional Samples as may be required, as directed by the

Architect/Engineer, until desired textures, finishes, and/or colors are obtained.

5. Accepted Samples and mock-up shall serve as the standard of quality for the various units of work.

H. No review of a Sample shall be taken in itself to change or modify the requirements in the Contract

Documents.

I. Finishes, materials, and workmanship in the completed building shall match accepted Samples. 1.09 COMPOSITE DRAWINGS

A. Contractor shall prepare composite drawings and installation layouts, where required, to solve field conditions.

B. Drawings shall consist of dimensioned plans and elevations and shall give complete information,

particularly as to size and location of sleeves, inserts, attachments, openings, conduit, ducts, boxes, and structural interferences.

C. Composite shop drawings and field installation layouts shall be coordinated in field by Contractor and

his or her subcontractors for proper relationship to work of applicable trades based on field conditions and shall be checked and approved by them for submission to Architect/Engineer for final acceptance.

1. Contractor shall have competent personnel readily available for coordinating and checking as

well as for supervision of field installation layouts. 1.10 QUALITY CONTROL SUBMITTALS

A. Design Data: Not used

B. Test Reports: Submit three (3) copies. If reports are unacceptable, one (1) copy will be marked with Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

1. Indicate that material or product conforms to or exceeds specified requirements.

Submittals (10-01) 01300 - 8


2. Reports may be from recent or previous tests on material or product, but must be acceptable to Project Manager. Comply with requirements of each individual specification Section.

C. Certificates: Sumbit three (3) copies. If certificates are unacceptable, one (1) copy will be marked with

Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

1. Indicate that material or product conforms to or exceeds specified requirements.

2. Submit supporting reference data, affidavits, and certifications as appropriate.

3. Certificates may be recent or from previous test results on material or product, but must be acceptable to Project Manager.

D. Manufacturers' Instructions: Submit three (3) copies. If instructions are unacceptable, one (1) copy will

be marked with Project Manager's and/or Architect/Engineer's review comments and returned to Contractor.

1. Include manufacturer's printed instructions for delivery, storage, assembly, installation, startup,

adjusting, and finishing.

2. Identify conflicts between manufacturer's instructions and Contract Documents. 1.11 NOT USED 1.12 OPERATIONS AND MAINTENANCE MANUALS

A. Submit three (3) copies of manufacturers' operations and maintenance manuals. If necessary, all copies will be marked with City's review comments and returned to Contractor for correction until satisfactory information is provided. City will retain satisfactorily corrected manuals for its own use.

B. Operations and maintenance manuals shall include the following as appropriate:

1. Operating instructions 2. Preventive maintenance instructions 3. Cleaning instructions 4. Safety precautions 5. Trouble shooting procedures 6. Theory of operation to discrete component level 7. Schematic diagrams, flow diagrams, wiring diagrams, logic diagrams, etc. to discrete

component level 8. Parts lists showing all discrete components with part number, current prices and availability 9. List of replaceable supplies; paper, ink, ribbon, etc. with part numbers, current prices and

availability 10. Recommended levels of spare parts and supplies to keep on hand 11. Manufacturers' service and maintenance technical manuals 12. Names, addresses and telephone numbers of service and repair firms for the equipment

C. Manuals shall be the same as are used by manufacturers' authorized technicians to completely service

and repair the equipment.

Submittals (10-01) 01300 - 9


1.13 COMPUTER PROGRAMS

When any equipment requires operation by computer programs, submit copy of program on appropriate diskette plus all user manuals and guides for operating the programs and making changes in the programs for upgrading and expanding the databases. Program must be Windows XP compatible. Provide required licenses to City at no additional cost.

1.14 PROJECT RECORD DOCUMENTS

Submit one copy of each of the Project Record Documents listed in Section 01700 Contract Closeout. 1.15 DELAY OF SUBMITTALS

Delay of submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of late submittals will be assessed to Contractor.

PART 2 PRODUCTS



END OF SECTION

Submittals (10-01) 01300 - 10


DIVISION 1 GENERAL SPECIFICATIONS SECTION 01310 PROGRESS SCHEDULES AND REPORTS 1.01 SUMMARY

A. Scheduling of Work under this Contract shall be performed by Contractor in accordance with requirements of this Section.

1. Development of schedule, cost and resource loading of the schedule, monthly payment requests and project

status reporting requirements of the Contract shall employ computerized Critical Path Method (CPM) scheduling. 2. CPM Schedule shall be cost loaded based on Schedule of Values as approved by City. 3. Submit schedules and reports as specified in Document 00700 General Conditions. B. Upon Award of Contract, Contractor shall immediately commence development of Initial and Original CPM

Schedules to ensure compliance with CPM schedule submittal requirements. C. Related Sections: 1. Section 01000: Summary of Work 2. Section 01025: Measurement and Payment 3. Section 01200: Project Meetings 4. Section 01300: Submittals

1.02 QUALIFICATIONS

A. Contractor shall employ experienced scheduling personnel qualified to use the latest version of Primavera Project Planner. Experience level required is set forth below. Contractor may employ such personnel directly or may employ a consultant for this purpose. After bid opening, the apparent successful low bidder shall provide City a written verification that Contractor has the required personnel under its employ or that Contractor will employ the required CPM consultant.

1. The written statement shall identify individual who will perform CPM scheduling. 2. Capability and experience shall be verified by description of construction projects on which individual has

successfully applied computerized CPM. 3. Required level of experience shall include at least two projects of similar nature, scope and value not less

than three-fourths the Total Bid Price of this Project. The written statement shall provide contact persons for referenced projects with current telephone and address information.

B. City reserves right to approve Contractor's scheduler, or consultant, and right to reject them at any time. City also

reserves right to refuse replacement of Contractor's scheduler or consultant, if it believes such replacement will negatively affect Contract.

1.03 GENERAL

A. Progress Schedule shall be based on and incorporate milestone and completion dates specified in Contract Documents.

Progress Schedules and reports (10-01) 01310 - 1


B. Overall time of completion and time of completion for each milestone shown on Progress Schedule shall adhere to times in Document 00510 Agreement, unless an earlier (advanced) time of completion is requested by Contractor and agreed to by City. Any such agreement shall be formalized by a Change Order.

1. City is not required to accept an earlier (advanced) schedule, i.e., one that shows early completion dates for the

Contract Times. 2. Contractor shall not be entitled to extra compensation in event agreement is reached on an earlier (advanced) schedule

and Contractor completes its Work, for whatever reason, beyond completion date shown in earlier (advanced) schedule but within the Contract Times.

3. A schedule showing the work completed in less than the Contract Times, which has been accepted by City, shall be

considered to have Project Float. The Project Float is the time between the scheduled completion of the work and Contract Substantial Completion. Project Float is a resource available to both City and the Contractor.

C. Float Ownership: Neither City nor Contractor owns float. The Project owns the float. As such, liability for delay of the

Substantial Completion Date rests with the party whose actions, last in time, actually cause delay to the Substantial Completion Date.

1. For example, if Party A uses some, but not all of the float and Party B later uses remainder of the float as well as

additional time beyond the float, Party B shall be liable for the time that represents a delay to the Substantial Completion Date.

2. Party A would not be responsible for the time since it did not consume all of the float and additional float remained;

therefore, the Substantial Completion Date was unaffected. D. Progress Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests.

Responsibility for developing Contract CPM schedule and monitoring actual progress as compared to Progress Schedule rests with Contractor.

E. Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will not relieve

Contractor from responsibility for accomplishing the Work in accordance with the Contract. City's acceptance of schedule shall be for its use in monitoring and evaluating job progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon City, or act to relieve Contractor of its responsibility for means and methods of construction.

F. Use Primavera Project Planner for Windows, latest version. Such software shall be compatible with Windows operating

system. Contractor shall transmit contract file to City on flash drive at times requested by City. G. Transmit each item under form approved by City. 1. Identify Project with City Contract number, and name of Contractor. 2. Provide space for Contractor's approval stamp and City's review stamps. 3. Submittals received from sources other than Contractor will be returned to the Contractor without City's review.

1.04 INITIAL CPM SCHEDULE

A. Initial CPM Schedule submitted for review at the pre-construction conference shall serve as Contractor's schedule for up to sixty (60) calendar days after the Notice to Proceed.

B. Indicate detailed plan for the Work to be completed in first sixty (60) days of the Contract; details of planned mobilization of

plant and equipment; sequence of early operations; and procurement of materials and equipment. Show Work beyond ninety (90) calendar days in summary form.



C. Initial CPM Schedule shall be time-scaled. D. Initial CPM Schedule shall be cost and resource loaded. Accepted cost and resource loaded schedule will be used as basis for

monthly progress payments until acceptance of the Original CPM Schedule. Use of Initial CPM Schedule for progress payments shall not exceed sixty (60) calendar days.

E. City and Contractor shall meet to review and discuss the Initial CPM Schedule within five (5) working days after it has been

submitted to City. 1. City's review and comment on the schedule shall be limited to Contract conformance (with sequencing, coordination,

and milestone requirements). 2. Contractor shall make corrections to schedule necessary to comply with Contract requirements and shall adjust

schedule to incorporate any missing information requested by City. Contractor shall resubmit Initial CPM Schedule if requested by City.

F. If, during the first sixty (60) days after Notice-to-Proceed, the Contractor is of the opinion that any of the Work included on its

Initial CPM Schedule has been impacted, the Contractor shall submit to City a written Time Impact Evaluation (TIE) in accordance with Article 1.09 of this Section. The TIE shall be based on the most current update of the Initial CPM Schedule.

1.05 ORIGINAL CPM SCHEDULE

A. Submit a detailed proposed Original CPM Schedule presenting an orderly and realistic plan for completion of the Work, in conformance with requirements as specified herein.

B. Progress Schedule shall include or comply with following requirements: 1. Time scaled, cost and resource (labor and major equipment) loaded CPM schedule. 2. No activity on schedule shall have duration longer than fifteen (15) workdays, with exception of submittal, approval,

fabrication and procurement activities, unless otherwise approved by City. a. Activity durations shall be total number of actual work days required to perform that activity. 3. The start and completion dates of all items of Work, their major components, and milestone completion dates, if any. 4. City-furnished materials and equipment, if any, identified as separate activities. 5. Activities for maintaining Project Record Documents. 6. Dependencies (or relationships) between activities. 7. Processing/approval of submittals and shop drawings for all Contract-required material and equipment. Activities that

are dependent on submittal acceptance or material delivery shall not be scheduled to start earlier than expected acceptance or delivery dates.

a. Include time for submittals, resubmittals, and reviews by City. Coordinate with accepted schedule for submission of

shop drawings, samples and other submittals. b. Contractor shall be responsible for all impacts resulting from resubmittal of shop drawings and submittals. 8. Procurement of major equipment, through receipt and inspection at jobsite, identified as separate activity. a. Include time for fabrication and delivery of manufactured products for the Work.



b. Show dependencies between procurement and construction. 9. Activity description; what Work is to be accomplished and where. 10. The total cost of performing each activity shall be total of labor, material, equipment, including overhead and profit of

Contractor. Overhead and profit of the General Contractor shall be prorated equally into each activity in the schedule. Sum of cost for all activities shall equal total Contract value.

11. Resources required (labor and major equipment) to perform each activity. 12. Responsibility code for each activity corresponding to Contractor or Subcontractor responsible for performing the Work. 13. Identify the activities which constitute the controlling operations or critical path. No more than twenty-five (25%) of the

activities shall be critical or near critical. Near critical is defined as float in the range of one (1) to (10) days. 14. Twenty (20) workdays for developing punch list(s), completion of punch list items, and final clean-up for the Work or

any designated portion thereof. No other activities shall be scheduled during this period. 15. Interface with the work of other contractors, City, and agencies such, as but not limited to, utility companies. 16. Show detailed Subcontractor Work activities. In addition, furnish copies of Subcontractor schedules upon which CPM

was built. a. Also furnish for each Subcontractor, as determined by City, submitted on Subcontractor letterhead a statement

certifying that Subcontractor concurs with Contractor's Original CPM Schedule and that Subcontractor's related schedules have been incorporated, including activity duration, cost and resource loading.

b. Subcontractor schedules shall be independently derived and not a copy of Contractor's schedule. c. In addition to Contractor's schedule and resource loading, obtain from electrical, mechanical and plumbing

Subcontractors, and other subcontractors as required by City, productivity calculations common to their trades, such as units per person day, feet of pipe per day per person, feet of wiring per day per person, and similar information.

d. Furnish schedule for Contractor/Subcontractor CPM schedule meetings which shall be held prior to submission of

Original CPM schedule to City. City shall be permitted to attend scheduled meetings as an observer. 17. Activity durations shall be in Work days. 18. Submit with the schedule a list of anticipated non-Work days, such as weekends and holidays. The Progress Schedule

shall exclude in its Work day calendar all non-Work days on which Contractor anticipates critical Work will not be performed.

C. Original CPM Schedule Review Meeting: Contractor shall, within thirty (30) days from the Notice to Proceed date, meet with

City to review the Original CPM Schedule submittal. 1. Contractor shall have its Contract Manager, Project Superintendent, Project Scheduler, and key Subcontractor

representatives, as required by City, in attendance. The meeting will take place over a continuous one-day period. 2. City's review will be limited to submittal's conformance to Contract requirements, including, but not limited to,

coordination requirements. However, review may also include: a. Clarifications of Contract Requirements. b. Directions to include activities and information missing from submittal.



c. Requests to Contractor to clarify its schedule. 3. Within five (5) days of the Schedule Review Meeting, Contractor shall respond in writing to all questions and comments

expressed by City at the Meeting.

1.06 ADJUSTMENTS TO CPM SCHEDULE

A. Adjustments to Original CPM Schedule: Contractor shall have adjusted the Original CPM Schedule submittal to address all review comments from original CPM Schedule review meeting and resubmit network diagrams and reports for City's review.

1. City, within ten (10) days from date that Contractor submitted the revised schedule, will either: a. accept schedule and cost and resource loaded activities as submitted, or b. advise Contractor in writing to review any part or parts of schedule which either do not meet Contract

requirements or are unsatisfactory for City to monitor Project's progress, resources and status or evaluate monthly payment request by Contractor.

2. City may accept schedule with conditions that the first monthly CPM schedule update be revised to correct deficiencies

identified. 3. When schedule is accepted, it shall be considered as the "Original CPM Schedule" which will then be immediately

updated to reflect the current status of the work. 4. City reserves right to require Contractor to adjust, add to, or clarify any portion of schedule which may later be

discovered to be insufficient for monitoring of Work or approval of partial payment requests. No additional compensation will be provided for such adjustments, additions, or clarifications.

B. Acceptance of Contractor's schedule by City will be based solely upon schedule's compliance with Contract requirements. 1. By way of Contractor assigning activity durations and proposing sequence of Work, Contractor agrees to utilize

sufficient and necessary management and other resources to perform work in accordance with the schedule. 2. Upon submittal of schedule update, updated schedule shall be considered "current" CPM schedule. 3. Submission of Contractor's schedule to City shall not relieve Contractor of total responsibility for scheduling,

sequencing, and pursuing Work to comply with requirements of Contract Documents, including adverse effects such as delays resulting from ill-timed work.

C. Submittal of Original CPM Schedule, and subsequent schedule updates, shall be understood to be Contractor's representation

that the Schedule meets requirements of Contract Documents and that Work shall be executed in sequence indicated on the schedule.

D. Contractor shall distribute Original CPM Schedule to Subcontractors for review and written acceptance, which shall be noted

on Subcontractors' letterheads to Contractor and transmitted to City for the record.

1.07 MONTHLY CPM SCHEDULE UPDATE SUBMITTALS

A. Following acceptance of Contractor's Original CPM Schedule, Contractor shall monitor progress of Work and adjust schedule each month to reflect actual progress and any anticipated changes to planned activities.

1. Each schedule update submitted shall be complete, including all information requested for the Original CPM Schedule

submittal.



2. Each update shall continue to show all work activities including those already completed. These completed activities shall accurately reflect "as built" information by indicating when activities were actually started and completed.

B. A meeting will be held on approximately the twenty-fifth (25th) of each month to review the schedule update submittal

and progress payment application. 1. At this meeting, at a minimum, the following items will be reviewed: Percent complete of each activity; Time impact

evaluations for Change Orders and Time Extension Request; actual and anticipated activity sequence changes; actual and anticipated duration changes; and actual and anticipated contractor delays.

2. These meetings are considered a critical component of overall monthly schedule update submittal and Contractor shall

have appropriate personnel attend. At a minimum, these meetings shall be attended by Contractor's General Superintendent and Scheduler.

3. Contractor shall plan on the meeting taking no less than four (4) hours. C. Within five (5) working days after monthly schedule update meeting, Contractor shall submit the updated CPM Schedule

update. D. Within five (5) work days of receipt of above noted revised submittals, City will either accept or reject monthly schedule

update submittal. 1. If accepted, percent complete shown in monthly update will be basis for Application for Payment by the Contractor.

The schedule update shall be submitted as part of the Contractor's Application for Payment. 2. If rejected, update shall be corrected and resubmitted by Contractor before the Application for Payment is submitted. E. Updating, changing or revising of any report, curve, schedule or narrative submitted to City by Contractor under this Contract,

nor City's review or acceptance of any such report, curve, schedule or narrative shall not have the effect of amending or modifying, in any way, the Contract Substantial Completion date or milestone dates or of modifying or limiting, in any way, Contractor's obligations under this Contract.

1.08 SCHEDULE REVISIONS

A. Updating the Schedule to reflect actual progress shall not be considered revisions to the Schedule. Since scheduling is a dynamic process, revisions to activity durations and sequences are expected on a monthly basis.

B. To reflect revisions to the schedule, the Contractor shall provide City with a written narrative with a full description and

reasons for each Work activity revised. For revisions affecting the sequence of work, the Contractor shall provide a schedule diagram which compares the original sequence to the revised sequence of work. The Contractor shall provide the written narrative and schedule diagram for revisions two (2) working days in advance of the monthly schedule update meeting.

C. Schedule revisions shall not be incorporated into any schedule update until the revisions have been reviewed by City. City

may request further information and justification for schedule revisions and Contractor shall, within three (3) days, provide City with a complete written narrative response to City's request.

D. If the Contractor's revision is still not accepted by City, and the Contractor disagrees with City's position, the Contractor has

seven (7) calendar days from receipt of City's letter rejecting the revision, to provide a written narrative providing full justification and explanation for the revision. The Contractor's failure to respond in writing within seven (7) calendar days of City's written rejection of a schedule revision shall be contractually interpreted as acceptance of City's position, and the Contractor waives its rights to subsequently dispute or file a claim regarding City's position.

E. At City's discretion, the Contractor can be required to provide subcontractor certifications of performance regarding proposed

schedule revisions affecting said subcontractors.


BAHIA CHILDCARE CENTER IMPROVEMENTS Specification No. 16-11058 1.09 RECOVERY SCHEDULE

A. If the Schedule Update shows a substantial completion date twenty-one (21) calendar days beyond the Contract Substantial Completion date, or individual milestone completion dates, the Contractor shall submit to City the proposed revisions to recover the lost time within seven (7) calendar days. As part of this submittal, the Contractor shall provide a written narrative for each revision made to recapture the lost time. If the revisions include sequence changes, the Contractor shall provide a schedule diagram comparing the original sequence to the revised sequence of work.

B. The revisions shall not be incorporated into any schedule update until the revisions have been reviewed by City. C. If the Contractor's revisions are not accepted by City and the Contractor shall follow the procedures in paragraph 1.08.C,

1.08.D and 1.08.E above. D. At City's discretion, the Contractor can be required to provide subcontractor certifications for revisions affecting said

subcontractors.

1.10 TIME IMPACTS EVALUATION FOR CHANGE ORDERS, AND OTHER DELAYS

A. When Contractor is directed to proceed with changed work, the Contractor shall prepare and submit, within fourteen (14) calendar days from the direction to proceed, a time impact evaluation (TIE) which includes both a written narrative and a schedule diagram depicting how the changed work affects other schedule activities. The schedule diagram shall show how the Contractor proposes to incorporate the changed work in the schedule, and how it impacts the current schedule update critical path. The Contractor is also responsible for requesting time extensions based on the TIE's impact on the critical path. The diagram must be tied to the main sequence of schedule activities to enable City to evaluate the impact of changed work to the scheduled critical path.

B. Contractor shall be required to comply with the requirements of Paragraph 1.09.A for all types of delays such as, but not

limited to, Contractor/Subcontractor delays, adverse weather delays, strikes, procurement delays, fabrication delays, etc. C. Contractor shall be responsible for all costs associated with the preparation of Time Impact Evaluations, and the process of

incorporating them into the current schedule update. The Contractor shall provide City with 4 copies of each TIE. D. Once agreement has been reached on a TIE, the Contract Times will be adjusted accordingly. If agreement is not reached on a

TIE, the Contract Times may be extended in an amount City allows, and the Contractor may submit a claim for additional time claimed by contractor.

1.11 TIME EXTENSIONS

A. The Contractor is responsible for requesting time extensions for time impacts that, in the opinion of the Contractor, impact the critical path of the current schedule update. Notice of time impacts shall be given in accord with Articles 12 and 15 of Document 00700 General Conditions.

B. Where an event for which City is responsible impacts the projected Substantial Completion date, the Contractor shall provide

a written mitigation plan, including a schedule diagram, which explains how (e.g., increase crew size, overtime, etc.) the impact can be mitigated. The Contractor shall also include a detailed cost breakdown of the labor, equipment and material the Contractor would expend to mitigate City caused time impact. The Contractor shall submit its mitigation plan to City within 14 calendar days from the date of discovery of said impact. The Contractor is responsible for the cost to prepare the mitigation plan.

C. Failure to request time, provide TIE, or provide the required mitigation plan will result in Contractor waiving its right to a

time extension and cost to mitigate the delay. D. No time will be granted under this Contract for cumulative effect of changes. E. City will not be obligated to consider any time extension request unless requirements of Contract Documents are complied



with. F. Failure of the Contractor to perform in accordance with the current schedule update shall not be excused by submittal of time

extension requests. G. If the Contractor does not submit a TIE within the required fourteen (14) calendar days for any issue, it is mutually agreed that

the Contractor does not require a time extension for said issue.

1.12 SCHEDULE REPORTS

A. Submit four (4) copies of the following reports with the Initial CPM Schedule, the Original CPM Schedule, and each monthly update.

B. Required Reports: 1. Two activity listing reports: one sorted by activity number and one by total float. These reports shall also include each

activity's early/late and actual start and finish dates, original and remaining duration, float, responsibility code and the logic relationship of activities.

2. Cost report sorted by activity number including each activity's associated cost, percentage of Work accomplished,

earned value to-date, previous payments and amount earned for current update period. 3. Schedule plots presenting time scaled network diagram showing activities and their relationships with the controlling

operations or critical path clearly highlighted. 4. Cash flow report calculated by early start, late start and indicating actual progress. Provide an exhibit depicting this

information in graphic form. 5. Planned versus actual resource (i.e., labor) histogram calculated by early start and late start. C. Other Reports In addition to above reports, City may request, from month-to-month, any two of the following reports. Submit four (4) copies

of all reports. 1. Activities by early start 2. Activities by late start 3. Activities grouped by subcontractors or selected trades 4. Activities with scheduled early start dates in a given time frame, such as fifteen (15) or thirty (30) day outlook 5. Any other report producible from the scheduling software. D. Furnish City with report files on flash drive containing all schedule files for each report generated.

1.13 PROJECT STATUS REPORTING

A. In addition to submittal requirements for CPM scheduling identified in this Section, Contractor shall provide a monthly project status report (i.e., written narrative report) to be submitted in conjunction with each CPM Schedule as specified herein. Status reporting shall be in form specified below.

B. Contractor shall prepare monthly written narrative reports of status of Project for submission to City. Written status reports

shall include: 1. Status of major Project components (percent complete, amount of time ahead or behind schedule) and an explanation

of how Project will be brought back on schedule if delays have occurred.



2. Progress made on critical activities indicated on CPM schedule. 3. Explanations for any lack of work on critical path activities planned to be performed during last month. 4. Explanations for any schedule changes, including changes to logic or to activity durations. 5. List of critical activities scheduled to be performed next month. 6. Status of major material and equipment procurement. 7. Any delays encountered during reporting period. 8. Contractor shall provide printed report indicating actual versus planned resource loading for each trade and each

activity. This report shall be provided on weekly and monthly basis. a. Actual resource shall be accumulated in field by Contractor, and shall be as noted on Contractor's daily reports.

These reports will be basis for information provided in computer generated monthly and weekly printed reports. b. Contractor shall explain all variances and mitigation measures. 9. Contractor may include any other information pertinent to status of Project. Contractor shall include additional status

information requested by City at no additional cost. 10. Status reports, and the information contained therein, shall not be construed as claims, notice of claims, notice of delay,

or requests for changes or compensation.

1.14 WEEKLY SCHEDULE REPORT

At the Weekly Progress Meeting, the Contractor shall provide and present a time scaled two week look ahead schedule that is based and correlated by activity number to the current schedule (i.e., Initial, Original CPM, or Schedule Update).

1.15 DAILY CONSTRUCTION REPORTS

On a daily basis, Contractor shall submit a daily activity report to City for each workday, including weekends and holidays, when worked. Contractor shall develop the daily construction reports on a computer generated data-base capable of sorting daily Work, manpower and manhours by Contractor, Subcontractor, area, subarea, and change order work. Upon request of City, furnish computer disk of this data base. Obtain City's written approval of daily construction report data base format prior to implementation. Include in report: 1. Project name and Project number. 2. Contractor's name and address. 3. Weather, temperature and any unusual site conditions. 4. Brief description and location of the day's scheduled activities and any special problems and accidents, including Work

of Subcontractors. Descriptions shall be referenced to CPM scheduled activities. 5. Worker quantities for its own Work force and for Subcontractors of any tier. 6. Equipment, other than hand tools, utilized by Contractor and Subcontractors.

PART 2 PRODUCTS Not applicable to this section.


BAHIA CHILDCARE CENTER IMPROVEMENTS Specification No. 16-11058 PART 3 EXECUTION Not applicable to this section. END OF SECTION




SECTION 01400

TESTING AND INSPECTION PART 1 GENERAL 1.01 SECTION INCLUDES

A. Regulatory requirements for testing and inspection.

B. Contractor's quality control.

C. Quality of the Work.

D. Inspections and tests by governing authorities.

E. Inspections and tests by serving utilities.

F. Inspections and tests by manufacturer's representatives.

G. Inspections by Independent Testing and Inspection Agency. 1.02 RELATED SECTIONS

A. Section 01040-Coordination: Coordination of Work under Contract.

B. Section 01060-Regulatory Requirements: Compliance with applicable codes, ordinances and standards.

C. Section 01600-Product Requirements: Product Options, substitutions, transportation and handling requirements, storage and protection requirements, and system completeness requirements.

1.03 CONTRACTOR'S QUALITY CONTROL

A. Contractor's Quality Control: Contractor shall ensure that products, services, workmanship and site conditions comply with requirements of the Drawings and Specifications by coordinating, supervising, testing and inspecting the work and by utilizing only suitably qualified personnel.

B. Quality Requirements: Work shall be accomplished in accordance with quality requirements of the

Drawings and Specifications, including, by reference, all Codes, laws, rules, regulations and standards. When no quality basis is prescribed, the quality shall be in accordance with the best accepted practices of the construction industry for the locale of the Project, for projects of this type.

C. Quality Control Personnel: Contractor shall employ and assign knowledgeable and skilled personnel as

necessary to perform quality control functions to ensure that the Work is provided as required. 1.04 QUALITY OF THE WORK

A. Quality of Products: Unless otherwise indicated or specified, all products shall be new, free of defects and fit for the intended use.

B. Quality of Installation: All Work shall be produced plumb, level, square and true, or true to indicated

angle, and with proper alignment and relationship between the various elements.

Testing and Inspection (10-01) 01400 - 1


C. Protection of Completed Work: Take all measures necessary to preserve completed Work free from

damage, deterioration, soiling and staining, until Acceptance by the City.

D. Standards and Code Compliance and Manufacturer's Instructions and Recommendations: Unless more stringent requirements are indicated or specified, comply with manufacturer's instructions and recommendations, reference standards and building code research report requirements in preparing, fabricating erecting, installing, applying, connecting and finishing Work.

E. Deviations from Standards and Code Compliance and Manufacturer's Instructions and Recommendations:

Document and explain all deviations from reference standards and building code research report requirements and manufacturer's product installation instructions and recommendations, including acknowledgement by the manufacturer that such deviations are acceptable and appropriate for the Project.

F. Verification of Quality: Work shall be subject to verification of quality by City or Architect/Engineer in

accordance with provisions of the General Conditions of the Contract.

1. Contractor shall cooperate by making Work available for inspection by City, Architect/Engineer or their designated representatives.

2. Such verification may include mill, plant, shop, or field inspection as required.

3. Provide access to all parts of the Work, including plants where materials or equipment are

manufactured or fabricated.

4. Provide all information and assistance as required, including that by and from subcontractors, fabricators, materials suppliers and manufacturers, for verification of quality by City or Architect/Engineer.

5. Contract modifications, if any, resulting from such verification activities shall be governed by

applicable provisions in the General Conditions of the Contract.

G. Observations by Architect/Engineer: Periodic and occasional observations of Work in progress will be made by Architect/Engineer as deemed necessary to review progress of Work and general conformance with design intent.

H. Limitations on Inspection, Test and Observation: Neither employment of independent testing and

inspection agency nor observations by Architect/Engineer shall in way relieve Contractor of obligation to perform Work in full conformance to all requirements of Contract Documents.

I. Rejection of Work: City reserves the right to reject all Work not in conformance to the requirements of the

Drawings and Specifications.

J. Correction of Non-Conforming Work: Non-conforming Work shall be modified, replaced, repaired or redone by the Contractor at no change in Contract Sum or Contract Time.

K. Acceptance of Non-Conforming Work: Acceptance of nonconforming Work, without specific written

acknowledgement and approval of the City, shall not relieve the Contractor of the obligation to correct such Work.

L. Contract Adjustment for Non-Conforming Work: Should City determine that it is not feasible or in City's

interest to require non-conforming Work to be repaired or replaced, an equitable reduction in Contract Sum shall be made by agreement between City and Contractor. If equitable amount cannot be agreed upon, a Construction Change Directive will be issued and the amount in dispute resolved in accordance with applicable provisions of the General Conditions.



1.05 INSPECTIONS AND TESTS BY GOVERNING AUTHORITIES

A. Regulatory Requirements for testing and Inspection: Comply with Uniform Building Code (UBC) requirements and all other requirements of governing authorities having jurisdiction.

B. Inspections and Tests by Governing Authorities: Contractor shall cause all tests and inspections required

by governing authorities having jurisdiction to be made for Work under this Contract.

1. Such authorities include Office of Statewide Health Planning Department (OSHPD) Public Works Department, Fire Department, and similar agencies.

2. Except as specifically noted, scheduling, conducting and paying for such inspections shall be solely

the Contractor's responsibility. 1.06 INSPECTIONS AND TESTS BY SERVING UTILITIES

A. Inspections and Tests by Serving Utilities: Contractor shall cause all tests and inspections required by serving utilities to be made for Work under this Contract. Scheduling conducting and paying for such inspections shall be solely the Contractor's responsibility.

1.07 INSPECTIONS AND TESTS BY MANUFACTURER'S REPRESENTATIVES

A. Inspections and Tests by Manufacturer's Representatives: Contractor shall cause all tests and inspections specified to be conducted by materials or systems manufacturers to be made. Additionally, all tests and inspections required by materials or systems manufacturers as conditions of warranty or certification of Work shall be made, the cost of which shall be included in the Contract Sum.

1.08 INSPECTIONS BY INDEPENDENT TESTING AND INSPECTION AGENCY

A. City will select an independent testing and inspection agency or agencies to conduct tests and inspections as indicated on Drawings, in Specifications and as required by governing authorities having jurisdiction.

B. Responsibility for payment for tests and inspections shall be as indicated in schedule below. All time and

costs for Contractor's service related to such tests and inspections shall be included in Contract Time and Contract Sum.

C. Contractor shall notify City and, if directed by City, testing and inspection agency, when Work is ready for

specified tests and inspections.

D. Contractor shall pay for all additional charges by testing and inspection agencies and governing authorities having jurisdiction due to the following:

1. Contractor's failure to properly schedule or notify testing and inspection agency or authorities

having jurisdiction.

2. Changes in sources, lots or suppliers of products after original tests or inspections.

3. Changes in means methods, techniques, sequences and procedures of construction which necessitate additional testing, inspection and related services.

4. Changes in mix designs for concrete and mortar after review and acceptance of submitted mix

design.



E. Tests and inspections shall include the following:

Section Inspections and Tests Paid by

S1 – Floor Plan and Plywood grade Paid by City. General Notes

Width of framing members Paid by City. At sheathing edges Nail and screw diameter and Paid by City. Length Plywood nailing Paid by City. Epoxy anchor bolt Paid by City. Placement and detail of Paid by City. Holdown and straps

F. Test and Inspection Reports: After each inspection and test, one copy of report shall be promptly submitted each to Architect/Engineer, City, City's field representative, Contractor and to agency having jurisdiction (if required by Code).

1. Reports shall clearly identify the following:

a. Date issued. b. Project name and number. c. Identification of product and Specifications Section in which Work is specified. d. Name of inspector. e. Date and time of sampling or inspection. f. Location in Project where sampling or inspection was conducted. g. Type of inspection or test. h. Date of test. i. Results of tests. j. Comments concerning conformance with Contract Documents and other requirements.

2. Test reports shall indicate specified or required values and shall include statement whether test

results indicate satisfactory performance of products.

3. Samples taken but not tested shall be reported.

4. Test reports shall confirm that methods used for sampling and testing conform to specified test procedures.

5. When requested, testing and inspection agency shall provide interpretations of test results.

6. Verification reports shall be prepared and submitted, stating that tests and inspections specified or

otherwise required for the project, have been completed and that material and workmanship comply with the Contract Drawings and Specifications. Verification reports shall be submitted at intervals not exceeding 6 months, at Substantial Completion of the Project, and at all times when Work of Project is suspended.

G. Contractor Responsibilities in Inspections and Tests:

1. Notify testing and inspection agencies 24 hours in advance of expected time for operations



requiring inspection and testing services.

2. Deliver to laboratory or designated location, adequate samples of materials proposed to be used which require advance testing, together with proposed mix designs.

3. Cooperate with testing and inspection agency personnel, City's field representative,

Architect/Engineer. Provide access to Work areas and off-site fabrication and assembly locations, including during weekends and after normal work hours.

4. Provide incidental labor and facilities to provide safe access to Work to be tested and inspected, to

obtain and handle samples at the Project site or at source of products to be tested, and to store and cure test samples.

5. Provide, at least 15 days in advance of first test or inspection of each type, a schedule of tests or

inspections indicating types of tests or inspections and their scheduled dates.

6. Provide 24 hours advance notice to the Project Manager, Architect/Engineer of each test and inspection, as directed.

a. When tests or inspections cannot be performed after such notice , reimburse City for Testing

Laboratory personnel and travel expenses incurred due to Contractor's negligence. 1.09 ADDITIONAL TESTING AND INSPECTION

A. If initial tests or inspections made by the Testing Laboratory reveal that materials do not comply with Contract Documents, or if City has reasonable doubt that materials do not comply with Contract Documents, additional tests and inspections shall be made as directed.

1. If additional tests and inspections establish that materials comply with Contract Documents, all

costs for such tests and inspections shall be paid by City.

2. If additional tests and inspections establish that materials do not comply with Contract Documents, all costs of such tests and inspections shall be deducted for Contract Sum.

END OF SECTION




SECTION 01505

CONSTRUCTION WASTE MANAGEMENT 1.00 GENERAL 1.01 WASTE MANAGEMENT GOALS FOR THE PROJECT A. The City has established that this Project shall generate the least amount of waste possible and that

processes that ensure the generation of as little waste as possible due to overpackaging, error, poor planning, breakage, mishandling, contamination, or other factors shall be employed.

B. Of the inevitable waste that is generated, as many of the waste materials as economically feasible

shall be reused, salvaged, or recycled. Waste disposal in landfills shall be minimized.

C. With the exception of items listed for reuse by the City, the value of all salvaged and recycled items belongs to the Contractor.

1.02 SYSTEM DESCRIPTION

A. Performance Requirement: Divert a minimum of 50 percent by weight of construction and demolition waste and 100 percent by weight from landfill.

1.03 DEFINITIONS

A. "Conversion Rate" means the rate set forth in the standardized Conversion Rate Table approved by the City for use in estimating the weight of materials identified in the Waste Management Plan.

B. "Divert" means to use material for any purpose other than disposal in a landfill or transfer facility. C. "Good faith" shall be as defined by law. D. "Net cost" means that the following have been subtracted from the cost of separating and

recycling: 1. Revenue from the sale of recycled or salvaged materials 2. Landfill tipping fees saved due to diversion of materials from the landfill. E. "Recycling Service" means an off-site service that provides processing of material and diversion

from landfill. F. "Hauler" means the entity who transports construction and demolition debris to either a landfill or

a recycling service. 1.04 WASTE MANAGEMENT PLANS

A. Draft Waste Management Plan: Within 10 calendar days after receipt of Notice of Award of Bid, or prior to any waste removal, whichever occurs sooner, the Contractor shall submit to the City a Draft Waste Management Plan. Contractor shall submit a Draft waste management plan that will demonstrate how Contractor will divert from landfills that amount noted in Paragraph 1.02 of the building’s waste generated under the contract. The Draft Plan shall contain the following: 1. Analysis of the proposed jobsite waste to be generated, including types and quantities.

Construction Waste Management (03-03) 01505 - 1


2. Alternatives to Landfilling: Contractor shall designate responsibility for preparing a list of each material proposed to be diverted during the course of the Project, the proposed local market for each material (consult local integrated waste management programs), and the estimated net cost savings or additional costs resulting from separating and recycling (versus land filling) each material

3. Landfill Options: The name of the landfill(s) where trash will be disposed of, the

applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s). Submit certification from recycling services that are not listed in Alameda County Waste Management Authority’s “Builders’ Guide to Reuse & Recycling, A Directory For Construction and Demolition Materials”. If not so listed, all recycling services must certify in writing that accepted waste will be diverted from landfill, not dumped illegally, or dumped at sea.

4. List of materials to be recycled, reused or returned to manufacturer shall include, at

minimum, the following materials:

a. Cardboard, paper, packaging b. Clean dimensional wood, palette wood c. Beverage containers d. Land clearing debris e. Concrete f. Bricks g. Concrete Masonry Units (CMU) h. Asphalt i. Metals from banding, stud trim, ductwork, piping, rebar, roofing, other trim,

steel, iron, galvanized sheet steel, stainless steel, aluminum, copper, zinc, lead, brass, and bronze.

j. Drywall k. Carpet and pad l. Paint m. Asphalt roofing shingles n. Rigid Foam o. Glass p. Plastics q. Reusable items

B. Waste Management Plan: Once the City has determined which of the recycling options addressed

in the draft Waste Management Plan are acceptable, the Contractor shall submit, within 10 calendar days, a Waste Management Plan. The Waste Management Plan shall contain the following:

.

1. Analysis of the proposed jobsite waste to be generated, including types, quantities, and when during the job each type will be generated. Include means and methods for collecting and separating each type of debris deemed reusable or recyclable.

2. Include a "good faith" estimate of each type of construction waste that would be

generated if no diversion methods were implemented. Submit with calculations based upon weight of each material The items noted in A.4 above are subject to the "good faith" estimate and diversion requirement.



3. Alternatives to Land Filling: A list of the waste materials from the Project that will be separated for reuse, salvage, or recycling.

4. Landfill Options: The name of the landfill(s) where trash will be disposed of, the

applicable landfill tipping fee(s), and the projected cost of disposing of all Project waste in the landfill(s).

5. Meetings: Contractor shall report status of Construction Waste Management at regular

meetings. Meetings shall include subcontractors affected by the Waste Management Plan. At a minimum, waste management goals and issues shall be discussed at the following meetings:

a. Pre-construction meeting b. Regular jobsite meetings

6. Materials Handling Procedures: A description of the means by which any waste materials

identified in paragraph 1.04-A.4 above, will be protected from contamination, and a description of the means to be employed in recycling the above materials consistent with requirements for acceptance by designated facilities.

7. Transportation: A description of the means of transportation of the recyclable materials

(whether materials will be site-separated and self-hauled to designated centers, or whether mixed materials will be collected by a waste hauler and removed from the site) and destination of materials. Provide an estimate of how often bins will need to be emptied.

8. Suppliers: A description of the means by which materials and equipment will be

delivered to the site. Provide an estimate of packaging materials generated and whether suppliers will eliminate or take back packaging.

9. Calculate quantities, and convert volume measurements to weights in accordance with the

defined Conversion Rate.

C. Waste Management Plan Implementation:

1. Maintain log of each load, of each category item diverted from landfill. Log in separately debris sent to a Class III landfill and materials sent to recycling facilities.

a. Include in log, type of load, load weight, name of hauling service; recycling service or landfill, and date accepted by recycling service or by landfill.

b. Owner reserves the right to audit the log at any time, retain and make available, all weight tickets, copies of receipts and invoices.

c. Units of measure: Use same units as stated in the approved plan "good faith" estimate of construction waste that would be generated if no remedial methods were implemented.

2. Material handling a. Separation facilities

1) Designate a specific on site area or areas to facilitate separation of materials for potential reuse, salvage, recycling, and return.

2) Keep waste bins and pile areas neat and clean. Clearly mark bins for each category of waste. Do not commingle non-recyclable waste with materials designated for reuse or recycling.

b. Environmental controls during handling, storage, or transport: Do not permit designated materials to become contaminated or to contaminate site or surrounding areas.

3. Training and coordination



a. Furnish copies of the Waste Management Plan to all on-site supervisors, each

subcontractor, the Owner, and the Architect. b. Instruction: Provide on-site instruction of appropriate separation, handling, and recycling,

salvage, reuse, and return methods to be used by all entities at the appropriate stages of the Project.

4. Hazardous Wastes: Hazardous wastes shall be separated, stored, and disposed of according to

local regulations. 5. Application for Progress Payments: The Contractor shall submit with each Application for

Progress Payment a Summary of Waste Generated and Recycled by the Project. Failure to submit this information shall render the Application for Payment incomplete and shall delay Progress Payment. The Summary shall contain the following information:

a. The amount (in tons or cubic yards) of material landfilled from the Project, the

identity of the landfill, the total amount of tipping fees paid at the landfill, and the total disposal cost. Include manifests, weight tickets, receipt, and invoices.

b. For each material recycled, reused, or salvaged from the Project, include the

amount (in tons or cubic yards), the date removed from the jobsite, the receiving party, the transportation cost, the amount of any money paid or received for the recycled or salvaged material, and the net total cost or savings of salvage or recycling each material. Attach manifests, weight tickets, receipts, and/or invoices.

END OF SECTION




SECTION 01510

TEMPORARY FACILITIES PART 1 GENERAL 1.00 RELATED DOCUMENTS A. Special Conditions Document 00800 1.01 SUMMARY This section describes the temporary facilities required for the Project site. The Project site shall be maintained

by Contractor as set forth in this section unless otherwise added to or superseded by the requirements of Special Conditions Document 00800.

1.02 TEMPORARY FACILITIES A. Contractor shall obtain permits for, install and maintain in safe condition, whatever scaffolds, hoisting

equipment, barricades, walkways, or other temporary structures which may be required to accomplish the work on the Project. Such structures shall be adequate for the intended use and capable of safely accepting all loads that may be imposed upon them. They shall be installed and maintained in accordance with all applicable State and local codes and regulations.

B. Contractor shall provide and maintain temporary heat from an approved source whenever in the course of

the Work it may become necessary for curing and drying of materials, or to warm spaces as may be required for the installation of materials or finishes.

C. Contractor shall provide and maintain any and all facilities that may be required for dewatering in order

that work may proceed on the Project. If it is necessary for dewatering to occur continually, Contractor shall have on hand whatever spare parts or equipment that may be required to prevent interruption of dewatering.

D. Contractor shall provide and maintain all utility services necessary to perform the work under this

Contract that Contractor may need in addition to those services provided under Special Conditions Document 00800, Paragraphs 1.40 and 1.41.

E. Materials, tools, accessories, etc., shall be stored only where directed by City. Storage area shall be kept

neat and clean. Security of stored items shall be Contractor's responsibility. F. When flammable materials are stored on site, extra precautions, including clear identification, shall be the

responsibility of Contractor. G. Contractor shall maintain an office at the Project site that will be his headquarters for the Project. Any

communications delivered to this office shall be considered as delivered to Contractor. Location and size of office shall be such that it will adequately serve the needs of Contractor's superintendent and assistants in the performance of their duties.

H. Contractor shall promptly remove all such temporary facilities when they are no longer needed for the

work or for completion of the Project, mutually agreed upon by Contractor and City.

Temporary Facilities (10-01) 01510 - 1


1.03 SIGNS No signs may be displayed on or about the City's property (except those required by law) without the City's

specific approval; the size, content, and location to be as specified by the City. 1.04 USE OF ROADWAYS AND WALKWAYS

A. Contractor shall never block or interfere with use of any existing roadway, walkway or other facility for vehicular or pedestrian traffic, from any party entitled to use it. Wherever and whenever such interference becomes necessary for the proper and convenient performance of the Work, and no satisfactory detour route exists, Contractor shall, before beginning the interference, notify City and post signs at least 72 hours in advance of such interference, and provide a satisfactory detour, including temporary bridge if necessary, or other proper facility for traffic to pass around or over the interference. Contractor shall maintain the detour in a safe and satisfactory condition as long as the interference continues, all without extra payment unless otherwise expressly stipulated in the Specifications.

B. Contractor shall at all times comply with any and all requirements applying to the work under the

transportation, circulation and parking mitigation measures, truck and construction access plan and similar requirements applicable to the Project as set forth by City in Document 00800.


Temporary Facilities (10-01) 01510 - 2



SECTION 01560

NOISE CONTROL PART 1 GENERAL 1.01 NOISE CONTROL

A. Equipment which operates with noise levels in excess of 85 decibels measured on the A-weighted scale defined in ANSI S-1.4 at a distance of 100 feet from the equipment is prohibited.

B. All equipment and impact tools shall have mufflers to comply with specified noise control.

C. Use of unusually noisy equipment, such as jackhammers and roto-hammers is prohibited.

D. Exterior construction work is limited to the hours of 8 AM to 5 PM.

E. Cooperate with City if an ongoing construction activity becomes objectionable by its longevity, or by

overlapping into an activity started later by the City. It is understood and agreed that both parties shall cooperate so that neither will be unduly inconvenienced by this requirement.

F. Comply by requirements specified in the various sections.

1.02 DIRT AND DUST CONTROL

A. Conduct earthwork operations in a manner to prevent windblown dust and dirt from interfering with the progress of the work or the City's activities.

B. Prevent dust and dirt from accumulating on walks, roadways, parking areas, and from washing into sewer

and storm drain lines. 1.03 POLLUTION CONTROL

A. Burning of refuse, debris, or other materials will not be permitted on the site.

B. Comply with regulatory requirements and anti-pollution ordinances during the conduct of construction and disposal operations.

END OF SECTION

Noise Control (10-01) 01560 - 1



SECTION 01600

PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES

A. Transportation and Handling Requirements.

B. Storage and Protection.

C. System Completeness. 1.02 RELATED SECTIONS

A. Section 01060-Regulatory Requirements.

B. Section 01300-Shop Drawings, Product Data and Samples.

C. Section 01630-Substitutions and Products Options. 1.03 PRODUCTS

A. Product Selection: Provide products that comply with the Contract Documents, are undamaged and unused at installation.

B. Product Completeness: Provide products complete with all accessories, trim, finish, safety guards and

other devices and details needed for a complete installation and for the intended use and effect.

C. Products: Items purchased for incorporation in the work, whether purchased for the project or taken form previously purchased stock, and include materials, equipment, assemblies, fabrications and systems.

1. Named Products: Items identified by manufacturer's product name, including make or model

designations indicated in the manufacturer's published product data.

2. Materials: Products that are shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed or installed to form a part of the Work.

3. Equipment: A product with operating parts, whether motorized or manually operated, that requires

connections such as wiring or piping.

D. Specific Product Requirements: Refer to Divisions 2 through 16 for specific requirements for products.

E. Code Compliance: All products, other than commodity products prescribed by Code, shall have a current ICBO Research Report or CABO National Evaluation Report.

F. Minimum Requirements: Specified requirements are minimum requirements.

G. Interchangeability: To the fullest extent possible, provide products of the same kind from a single source.

Products required to be supplied in quantity shall be the same product and interchangeable throughout the Work. When options are specified for the selection of any of two or more products, the product selected

Product Requirements (10-01) 01600 - 1


shall be compatible with products previously selected.

H. Nameplates: Except for required labels and operating data, do not attach manufacturer's nameplates or trademarks on surfaces exposed to view in occupied spaces or on the exterior.

I. Equipment Nameplates: Provide a permanent nameplate on each item of service-connected or

power-operated equipment. Locate on an inconspicuous accessible surface. The nameplate shall contain the following information and essential operating data:

Name of product and manufacturer. Model and serial number. Capacity. Speed. Ratings. Other pertinent information.

J. Standard Products: Where available, provide standard products of types that have been produced and used

successfully in similar situations on other projects. 1.04 TRANSPORTATION, DELIVERY AND HANDLING

A. Transport products by methods to avoid product damage.

B. Schedule delivery to minimize long-term storage and prevent overcrowding construction spaces. Coordinate with installation to ensure minimum holding time for items that are flammable, hazardous easily damaged, or sensitive to deterioration, theft and other losses.

C. Deliver products in undamaged condition in manufacturer's original sealed container or packaging system,

complete with labels and instructions for handling, storing, unpacking, protecting and installing.

D. Provide equipment and personnel to handle products by methods to prevent soiling, marring or other damage.

E. Promptly inspect products on delivery to ensure that products comply with contract documents, quantities

are correct, and to ensure that products are undamaged and properly protected. 1.05 STORAGE AND PROTECTION

A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible.

B. Store products to facilitate inspection and measurement of quantity or counting of units.

C. Store heavy materials away from the structure in a manner that will not endanger supporting construction.

D. Store sensitive products in weathertight enclosures. Store products subject to damage by the elements above ground, under cover in a weathertight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions.

1. Maintain storage within temperature and humidity ranges required by manufacturer's instructions.

2. For exterior storage of fabricated products, place on sloped supports above ground.

3. Cover products subject to damage or deterioration with impervious sheet covering. Provide

ventilation to avoid condensation.



4. Store loose granular materials on solid surfaces in a well-drained area. Prevent mixing with foreign matter.

5. Arrange storage to provide access for inspection. Periodically inspect to assure products are

undamaged, and are maintained under required conditions.

E. Protection:

1. Provide barriers, substantial coverings and notices to protect install Work from traffic and subsequent construction operations.

2. Remove protective measures when no longer required and prior to Acceptance of the Work.

1.06 SYSTEM COMPLETENESS

A. The Contract Drawings and Specifications are not intended to be comprehensive directions on how to produce the Work. Rather, the Drawings and Specifications are instruments of service prepared to describe the design intent for the completed Work.

B. It is intended that equipment, systems and assemblies be complete and fully functional even though not

fully described. Provide all products and operations necessary to achieve the design intent described in the Contract Documents.

C. Contractor shall report to City immediately when elements essential to proper execution of the Work are

discovered to be missing or misdescribed in the Drawings and Specifications or if the design intent is unclear.

D. Should an essential be discovered as missing or misdescribed prior to receipt of bids or establishing

negotiated Contract Sum, an Addendum or Clarification will be issued so that all costs may be accounted in the Contract Sum.

E. Should an obvious omission or misdescription of a necessary element be discovered and reported after

execution of the Agreement, Contractor shall provide the element as though fully and correctly described and a no-cost Change Order will be issued.

2.00 - PRODUCTS. NOT USED 3.00 - EXECUTION 3.01 INSTALLATION OF PRODUCTS

A. Installation of Products:

1. Comply with manufacturer's instructions and recommendations for installation of products.

2. Anchor each product securely in place, accurately located and aligned with other Work. Clean exposed surfaces and protect to ensure freedom from damage and deterioration at time of Substantial Completion.

END OF SECTION




SECTION 01630

PRODUCT OPTIONS AND SUBSTITUTIONS PART 1 GENERAL 1.01 SUMMARY

A. Procedures are described for selecting products and requesting substitutions of unlisted materials in lieu of materials named in the specifications or approved for use in addenda.

B. Related Sections

1. Section 01035: Modification Procedures 2. Section 01300: Submittals

1.02 CONTRACTOR'S OPTIONS

A. For products specified only by reference standard: Select any product meeting that standard.

B. For products specified by naming one or more products or manufacturers:

1. Select products of any named manufacturer meeting specifications.

2. For any product or manufacturer which is not specifically named submit Request for Substitution (RFS).

1.03 SUBSTITUTIONS

A. Within a period of 35 days after Award of Contract, Project Manager and Architect/Engineer will consider RFS from Contractor. After that period, requests will be considered only when product becomes unavailable due to no fault of Contractor. Requests for review of proposed substitute items will not be accepted from anyone other than Contractor. The RFS will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the City for work on the Project).

B. Submit separate RFS (and four copies) for each product and support each request with:

1. Product identification

2. Manufacturer's literature

3. Samples, as applicable

4. Name and address of similar projects on which product has been used, and date of installation

5. Name, address and telephone number of manufacturer's representative or sales engineer

6. For construction methods:

Detailed description of proposed method.

Product Options and Substitutions (10-01) 01630 - 1


Drawings illustrating methods.

C. Where required, itemize a comparison of the proposed substitution with product specified and list significant variations, including but not limited to dimensions, weights, service requirements, and functional differences. If variation from product specified is not pointed out in submittal, variation will be rejected even though submittal was favorably reviewed.

D. State whether the substitute will require a change in any of the Contract documents (or provisions of any

other direct contract with the City for work on the Project) to adapt the design of the proposed substitute, and whether or not incorporation or use of the substitute in connection with Work is subject to payment of any license fee or royalty. Submit data relating to changes in construction schedule.

E. All variations of the proposed substitute from that specified will be identified in the RFS and available

maintenance, repair and replacement service will be indicated.

F. Include accurate cost data comparing proposed substitution with product and amount of net change in Contract price, including but not limited to, an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors effected by the resulting change, all of which will be considered by Project Manager and Architect/Engineer in evaluating the proposed substitute. Project Manager and Architect/Engineer may require Contractor to furnish additional data about the proposed substitute.

G. Substitutions will not be considered for acceptance when:

1. They will result in delay meeting construction milestones or completion dates.

2. They are indicated or implied on submittals without formal request from Contractor.

3. They are requested directly by subcontractor or supplier.

4. Acceptance will require substantial revision of Contract Documents.

5 They disrupt Contractor's job rhythm or ability to perform efficiently.

H. Substitute products shall not be ordered without written acceptance of Project Manager and

Architect/Engineer.

I. Project Manager and Architect/Engineer will determine acceptability of proposed substitutions and reserve right to reject proposals due to insufficient information.

J. Accepted substitutions will be evidenced by a change order or Supplemental Instruction. All Contract

requirements apply to Work involving substitutions. 1.04 CONTRACTOR'S REPRESENTATION AND WARRANTY

A. Requests constitute a representation and warranty that Contractor:

1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product

2. Will provide the same warranty for substitution as for specified product

3. Will coordinate installation and make other changes which may be required for Work to be

complete in all respects



4. Waives claims for additional costs which may subsequently become apparent

5. Will compensate the City for additional redesign costs associated with substitution

6. Will be responsible for Construction Schedule slippage due to substitution

7. Will be responsible for Construction Schedule delay due to late ordering of available specified products caused by requests for substitution which is subsequently rejected by Project Manager

8. Will compensate the City for all costs; including extra costs of Contract, extra cost to other

contractors, and any claims brought against the City, caused by late requests for substitutions or late ordering of products.

1.05 PROJECT MANAGER'S AND ARCHITECT/ENGINEER'S DUTIES

A. Review Contractor's RFS with reasonable promptness.

B. Notify Contractor in writing of decision to accept or reject requested substitution. 1.06 COST OF REVIEW

A. Project Manager and Architect/Engineer will record time required in evaluating substitutes proposed or submitted by Contractor. Whether or not Project Manager or Architect/Engineer accepts the substitute item so proposed or submitted by Contractor, Contractor shall reimburse the City for the charges of Architect/Engineer and Project Manager for evaluating each such proposed substitute item.

B. The City reserves the right to waive the requirement of paragraph A above.

1.07 ADMINISTRATIVE REQUIREMENTS

Specified products, materials, or systems for Project may include engineering or on-file standards required by governing regulatory agencies or other authorities with jurisdiction. Contractor's substitution of products, materials or systems may require either additional engineering, testing, reviews, approvals, assurances, or other information for compliance with Regulatory Agency requirements or both. Contractor shall provide all agency approvals or other additional information required and pay additional costs for required and pay additional costs for required Architect/Engineer's services made necessary by the substitution at no increase in Contract Sum or schedule time, and as a part of substitution proposal.

PART 2 PRODUCTS


Not applicable to this section. END OF SECTION




SECTION 01700

CONTRACT CLOSEOUT PART 1 GENERAL 1.01 SUMMARY

This section describes contract closeout procedures including:

1. Removal of temporary construction facilities 2. Substantial completion 3. Final completion 4. Final cleaning 5. Project record documents 6. Material, equipment and finish data 7. Project guarantee 8. Warranties 9. Turn-in 10. Release of claims

1.02 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES

A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion Inspection.

B. Clean and repair damage caused by installation or use of temporary facilities. C. Restore permanent facilities used during construction to specified condition.

1.03 SUBSTANTIAL COMPLETION A. When Contractor considers the Work or a designated portion thereof as substantially complete, submit a

written notice, with a list of items to be completed or corrected. B. Within a reasonable time, the Project Manager will inspect to determine status of completion. C. Should the Project Manager determine that the Work is not substantially complete, the Project

Manager will promptly notify Contractor in writing, listing all defects and omissions. D. Remedy deficiencies and send a second written notice of substantial completion. The Project

Manager will reinspect the Work. If deficiencies previously noted are not corrected on reinspection, then Contractor shall pay the cost of the reinspection.

E. When the Project Manager determines that the Work is substantially complete, the Project Manager

will issue a Certificate of Substantial Completion. F. Manufactured units, equipment and systems which require startup must have been started up and

operated successfully for periods prescribed by Project Manager before a Certificate of Substantial

Contract Closeout (10-01) 01700 - 1


Completion will be issued. Start up period shall be a minimum of thirty (30) days of consecutive regular operations of the manufactured units, equipment and systems under operations similar to that to be encountered when the facility is utilized for the purposes intended.

1.04 FINAL COMPLETION

A. When Contractor considers the Work is complete, it shall submit a written certification that:

1. Contractor has inspected the Work for compliance with the Contract Documents.

2. The Work, except for Contractor maintenance after Final Acceptance, has been completed in accordance with the Contract Documents and all deficiencies listed in the Certificate of Substantial Completion have been corrected.

3. The Work is complete and ready for final inspection.

4. The requirements for Final Acceptance have been met.

B. In addition to Submittals required by conditions of the Contract, provide Submittals required by

governing authorities and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and the sum remaining due.

C. Upon Final Completion, the Project Manager may issue a final Change Order reflecting approved

adjustments to Contract Sum not previously made by Change Order. 1.05 FINAL CLEANING

A. Execute final cleaning prior to final inspection.

B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

1. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical

equipment operated during construction, clean ducts, blowers and coils of units operated without filters during construction.

2. Employ skilled workers for final cleaning.

C. Clean Site; mechanically sweep paved areas.

D. Remove waste and surplus materials, rubbish, and construction facilities from Site.

1.06 PROJECT GUARANTEE

A. Requirements for Contractor's guarantee of completed Work are included in Document 00700

General Conditions, Paragraph 9. Contractor shall guarantee the Work done under the Contract against failures, leaks or breaks or other unsatisfactory conditions due to defective equipment, materials or workmanship, and perform repair work or replacement required, at Contractor's sole expense, for a period of one (1) year from date of Final Acceptance, as required by Subparagraph 9.C.3 of Document 00700 General Conditions.

B. Neither recordation of notice of completion, final acceptance nor payment of final payment nor

provision of the Contract nor partial or entire use or occupancy of the premises by the City shall constitute acceptance of the Work not done in accordance with the Contract Documents nor relieve



Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

C. The City may make repairs to defective Work as set forth in Subparagraph 9.C.3 of Document

00700 General Conditions, if, within five (5) working days after mailing of written notice of defective work to Contractor or authorized agent, Contractor shall neglect to make or undertake with due diligence repairs; provided, however, that in case of leak or emergency where, in the opinion of the City, delay would cause hazard to health or serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay cost thereof.

D. If, after installation, operation or use of materials or equipment to be furnished under the Contract

proves to be unsatisfactory to the Project Manager, the City shall have the right to operate and use materials or equipment until it can, without damage to the City, be taken out of service for correction or replacement. The period of use of defective materials or equipment pending correction or replacement shall in no way decrease the guarantee period required for acceptable corrected or replaced items of materials or equipment.

E. Nothing in this Section shall be construed to limit, relieve or release Contractor's, Subcontractors'

and Subconsultants' and equipment suppliers' liability to the City for damages sustained as result of latent defects in equipment caused by their negligence or of their suppliers' agents, employees or subcontractors. Stated in another manner, warranty contained in the Contract Documents shall not amount to, nor shall it be deemed to be, a waiver by the City of any rights or remedies (or time limits in which to enforce such rights or remedies) it may have for defective design workmanship or defective materials under the laws of this State pertaining to acts of negligence.

1.07 WARRANTIES AND BONDS

A. Execute Contractor's Submittals and assemble documents executed by subcontractors, suppliers, and manufacturers.

1. Provide table of contents and assemble in 8-1/2 inch by 11 inch three-ring binder with

durable plastic cover. 2. Assemble in Specification Section order.

B. Submit material prior to final application for payment.

1. For equipment put into use with the City's permission during construction, submit within ten (10) working days after first operation.

2. For items of Work delayed materially beyond the Date of Substantial Completion, provide

updated submittal within ten (10) working days after acceptance, listing date of acceptance as start of warranty period.

C. Warranties are intended to protect the City against failure of the Work and against deficient,

defective and faulty design materials and workmanship, regardless of sources. D. Limitations: Warranties are not intended to cover failures which result from the following:

1. Unusual or abnormal phenomena of the elements 2. Vandalism after substantial completion 3. Insurrection or acts of aggression including war

E. Related Damages and Losses: Remove and replace all Work which is damaged as result of

defective Work, or which must be removed and replaced to provide access for correction of



defective or warranted Work. F. Warranty Reinstatement: After correction of warranted Work, reinstate warranty for corrected

Work to the date of original warranty expiration or to a date not less than one (1) year after corrected Work was done, whichever is later.

G. Replacement Cost: Replace or restore failing warranted items without regard to anticipated useful

service lives. H. Warranty Forms: Submit drafts to the Project Manager for approval prior to execution. Forms shall

not detract from or confuse requirements or interpretations of Contract Documents.

1. Warranty shall be issued by manufacturers.

2. Where specified, warranty shall be countersigned by subcontractors, suppliers and installers.

I. Rejection of Warranties: The City reserves the right to reject unsolicited and coincidental product warranties which detract from or confuse requirements or interpretations of the Contract Documents.

J. Term of Warranties: For materials, equipment, systems and workmanship warranty period shall be

one (1) year minimum from date of Final Acceptance of entire Work except where:

1. Detailed specifications for certain materials, equipment or systems require longer warranty periods.

2. Materials, equipment or systems are put into beneficial use by the City prior to Substantial

Completion as agreed to in writing by the Project Manager.

K. Warranty of Title: No material, supplies, or equipment for the Work under the Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all the Work to deliver the premises, together with improvements and appurtenances constructed or placed thereon by Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by the Contract shall have right to lien upon premises or improvement or appurtenances thereon. Nothing contained in this Subparagraph, however, shall defeat or impair the right of persons furnishing materials or labor under bond given by Contractor for their protection or any rights under law permitting persons to look to funds due Contractor in the hands of the City.

1.07 TURN-IN

The Contract will not be closed out and final payment will not be made until all personnel Identification Media, vehicle permits and keys issued to Contractor during prosecution of the Work are turned in to the City.

1.08 RELEASE OF CLAIMS

The Contract will not be closed out and final payment will not be made until Document 00530 Agreement and Release of Any and All Claims, is completed and executed by Contractor and the City.

1.09 FIRE INSPECTION COORDINATION



Contractor shall coordinate fire inspection and secure sufficient notice to the City to permit convenient scheduling.

PART 2 PRODUCTS Not applicable to this section. PART 3 EXECUTION Not applicable to this section.

END OF SECTION




SECTION 01710

PROJECT CLEANING PART 1 GENERAL 1.01 SUMMARY

A. Maintain Project Site, surrounding areas and public properties free from accumulations of waste, debris, and rubbish, caused by operations.

B. At completion of Work, remove waste materials, rubbish, tools, equipment, machinery and surplus

materials, and clean all sight-exposed surfaces; leave Project Site clean and ready for occupancy. 1.02 GENERAL

A. Conduct cleaning and disposal operation in accord with legal requirements.

1. Do not burn or bury rubbish and waste materials on Project Site.

2. Do not dispose of volatile wastes in storm or sanitary drains.

B. Hazards control:

1. Store volatile wastes in covered metal containers, and remove from premises daily.

2. Prevent accumulation of wastes which create hazardous conditions.

3. Provide adequate ventilation during use of volatile or noxious substances. Ventilation shall be other than hospital ventilation system.

Note: Care shall be taken that discharge of volatile or noxious exhaust shall be shielded from air intakes of hospital mechanical systems.

1.03 MATERIALS

A. Use only cleaning materials recommended by manufacturer of surface to be cleaned.

B. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. 1.04 DUST CONTROL

A. Clean interior spaces prior to start of finish painting, and continue cleaning as required until painting is

completed.

B. Schedule operations to prevent dust and other resulting from cleaning operations from adhering to wet or newly-coated surfaces.

1.05 DURING CONSTRUCTION

A. Execute cleaning daily to ensure Project Site, City's premises, adjacent and public properties are maintained free from accumulations of waste materials and rubbish.

Project Cleaning (10-01) 01710 - 1


B. Wet down dry materials and rubbish to control dust.

C. At reasonable intervals during progress of Work, clean Project Site and public properties, and dispose

of waste materials, debris and rubbish.

D. Provide on Project Site dump containers for collection of waste materials, debris and rubbish. Hospital waste containers shall not be used for construction waste.

E. Remove waste materials, debris and rubbish from City's premises and legally dispose of off City's

property.

F. Vacuum clean interior areas when ready to receive finish painting, and continue vacuum cleaning on an as-needed basis until building is ready for substantial completion or occupancy.

G. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw

materials.

H. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted surfaces.

1.06 FINAL CLEANING

A. Employ experienced workers, or professional cleaners for final cleaning.

B. In preparation for Substantial Completion or occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of accessible concealed spaces.

C. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed

finished surfaces; polish surfaces so designated to shine finish.

D. Repair, patch and touch up marred surfaces to specified finish, and to match adjacent surfaces.

E. Broom clean paved surfaces.

F. Keep Project clean until it is occupied by the City.

G. Clean equipment and fixtures to a sanitary condition.

H. Clean or replace, if required, filters of operating equipment.

I. Clean Debris from roofs, gutters, downspouts and drainage systems. END OF SECTION

Project Cleaning (10-01) 01710 - 2



SECTION 01720

PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SUMMARY

A. This section specifies administrative and procedural requirements for Project Record Documents.

B. Project Record Documents required include:

1. Marked-up copies of Contract Drawings 2. Marked-up copies of Shop Drawings 3. Newly prepared Drawings 4. Marked-up copies of Specifications, Addenda and Change Orders 5. Marked-up Project Data submittals 6. Record Samples 7. Field records for variable and concealed conditions 8. Record information on Work that is recorded only schematically

C. Specific Project Record Documents requirements that expand requirements of this Section are included in

the individual Sections of Divisions 2 through 16. D. General Project closeout requirements are included in Section 01700, "Project Closeout."

E. Maintenance of Documents and Samples:

1. Store Project Record Documents and samples in the field office apart from Contract Documents

used for construction.

2. Do not permit Project Record Documents to be used for construction purposes.

3. Maintain Project Record Documents in good order, and in a clean, dry, legible condition.

4. Make documents and samples available at all times for inspection by Architect and Project Manager.

F. City will provide one set of sepias and one blueline set of the construction drawings and one project

manual for the Contractor's use and copying during construction. 1.02 PROJECT RECORD DRAWINGS

A. Mark-up Procedure: During the construction period, maintain a set of blueline or blackline prints of Contract Drawings and Shop Drawings for Project Record Document purposes. Label each document (on first sheet or page) "PROJECT RECORD" in 2 in. high printed letters. Keep record documents current. Note: A reference by number to a Change Order, RFI, RFQ, Field Order or other such document is not acceptable as sufficient record information on any record document. Do not permanently conceal any Work until required information has been recorded.

Project Record Documents (10-01) 01720 - 1


1. Mark these Drawings to indicate the actual installation where the installation varies appreciably from the installation shown originally. Give particular attention to information on concealed elements which would be difficult to identify or measure and record later. Items required to be marked include but are not limited to:

a. Dimensional changes to the Drawings b. Revisions to details shown on the Drawings c. Depths of various elements of foundation in relation to main floor level or survey datum. d. Horizontal and vertical location of underground utilities and appurtenances referenced to

permanent surface improvements. e. Location of internal utilities and appurtenances concealed in construction referenced to

visible and accessible features of structure. f. Establish locations of underground work, points of connection with existing utilities, changes

in direction, valves, manholes, catch basins, capped stubouts, invert elevations, and similar items.

g. Provide actual numbering of each electrical circuit. h. Field changes of dimension and detail. i. Revisions to routing of piping and conduits j. Revisions to electrical circuitry k. Actual equipment locations l. Duct size and routing m. Changes made by Change Order n. Details not on original Contract Drawings

2. Mark completely and accurately Project Record Drawing prints of Contract Drawings or Shop

Drawings, whichever is the most capable of showing actual physical conditions. Where Shop Drawings are marked, show cross-reference on Contract Drawings location.

3. Mark Project Record Drawing sets with red erasable colored pencil; use other colors to distinguish

between changes for different categories of the Work at the same location.

4. Mark important additional information which was either shown schematically or omitted from original Drawings.

5. Note construction change directive numbers; alternate numbers; Change Order numbers and similar

identification.

6. Responsibility for Mark-up: Where feasible, the individual or entity who obtained Project Record Drawing data, whether the individual or entity is the installer, subcontractor, or similar entity, is required to prepare the mark-up on Project Record Drawings.

a. Accurately record information in an understandable and legible drawing technique.

b. Record data as soon as possible after it has been obtained. In the case of concealed

installations, record and check the mark-up prior to concealment.

B. Preparation of Transparencies: Immediately prior to inspection for Certification of Substantial Completion, review completed marked-up Project Record Drawings with the Project Manager]. When authorized, prepare a full set of correct transparencies of Contract Drawings and Shop Drawings.

1. Incorporate changes and additional information previously marked on print sets. Erase, redraw, and

add details and notations where applicable. Identify and date each Drawing; include the printed designation "PROJECT RECORD DRAWINGS" in a prominent location on each Drawing.

2. Refer instances of uncertainty to the Project Manager for resolution.



3. Review of Transparencies: Before copying and distributing, submit corrected transparencies and

the original marked-up prints to the Project Manager and Architect/Engineer for review.

a. Transparencies and the original marked-up prints will be returned to the Contractor for organizing into sets, printing, binding, and final submittal.

4. Copies and Distribution: After completing the preparation of transparency Project Record

Drawings, print three blue-line or black-line prints of each Drawing, whether or not changes and additional information were recorded. Organize the copies into manageable sets. Bind each set with durable paper cover sheets, with appropriate identification, including titles, dates and other information on cover sheets.

1. Organize and bind original marked-up set of prints that were maintained during the

construction period in the same manner.

2. Organize Project Record Drawings transparencies into sets matching the print sets. Place these sets in durable tube-type drawing containers with end caps. Mark the end cap of each container with suitable identification.

C. DISTRIBUTION OF MARKED-UP DRAWINGS AND TRANSPARENCIES

Submit the marked-up Project Record Drawings set, transparencies, and five copy sets to the Project Manager for City's records.

D. Shop Drawings and Samples: Maintain as record documents; legibly annotate Shop Drawings and Samples

to record changes made after review.

E. In addition to requirements of this Section, comply with supplemental requirements of Divisions 15 and 16.

1. Division 15 and 16 of the specifications require the preparation of large scale, detailed Layout Drawings of the work of those divisions. These Layout Drawings are not shop drawings as defined by the General Conditions, but together with shop drawing or Layout Drawings of all other affected sections are used check, coordinate and integrate the work of the various sections

2. Include these Layout Drawings as part of the As Built Documents.

F. Delete Architect/Engineer title block and seal from documents.

G. As-Built Documents are subject to review and acceptance by the City and Architect/Engineer.

H. Submit documents to Project Manager with final Application for payment.

1.03 PROJECT RECORD SPECIFICATIONS

During the construction period, maintain one copy of the Project Specifications, including addenda and modifications issued, for Project Record Document purposes.

1. Mark the Project Record Specifications to indicate the actual installation where the installation varies

substantially from that indicated in Specifications and Modifications issued. Note related Project Record Drawing information, where applicable. Give particular attention to substitutions, selection of product options, change order work, and information on concealed installation that would be difficult to identify or measure and record later.

a. In each Specification Section where products, materials or units of equipment are specified or



scheduled, mark the copy with the proprietary name and model number of the product furnished.

b. Record the name of the manufacturer, catalog number, supplier and installer, and other information necessary to provide a record of selections made and to document coordination with Project Record Product Data submittals and maintenance manuals.

c. Note related Project Record Product Data, where applicable, for each principal product specified,

indicate whether Project Record Product Data has been submitted in maintenance manual instead of submitted as Project Record Product Data.

2. Upon completion of mark-up, submit Project Record Specifications to the Project Manager for City's

records. 1.04 PROJECT RECORD PRODUCT DATA

A. During the construction period, maintain one copy of each Project Record Product Data submittal for Project Record Document purposes.

1. Mark Project Record Product Data to indicate the actual product installation where the installation

varies substantially from that indicated in Project Record Product Data submitted. Include significant changes in the product delivered to the site, and changes in manufacturer's instructions and recommendations for installation.

2. Give particular attention to information on concealed products and installations that cannot be

readily identified and recorded later.

3. Note related Change Orders and mark-up of Project Record Drawings, where applicable.

4. Upon completion of mark-up, submit a complete set of Project Record Product Data to the Project Manager for City's records.

5. Where Project Record Product Data is required as part of maintenance manuals, submit marked-up

Project Record Product Data as an insert in the manual, instead of submittal as Project Record Product Data.

6. Each prime Contractor is responsible for mark-up and submittal of record Project Record Product

Data for its own Work.

B. MATERIAL, EQUIPMENT AND FINISH DATA

1. Provide data for primary materials, equipment and finishes as required under each specification section.

2. Submit two sets prior to final inspection, bound in 8-1/2 inches by 11 inches three-ring binders with

durable plastic covers; provide typewritten table of contents for each volume.

3. Arrange by Specification division and give names, addresses, and telephone numbers of subcontractors and suppliers. List:

a. Trade names. b. Model or type numbers. c. Assembly diagrams. d. Operating instructions. e. Cleaning instructions. f. Maintenance instructions.



g. Recommended spare parts. h. Product data.

1.05 MISCELLANEOUS PROJECT RECORD SUBMITTALS

Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in connection with various construction activities. Immediately prior to Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for use and reference. Submit to the Project Manager for City's records. Categories of requirements resulting in miscellaneous records include, but are not limited to the following:

a. Field records on excavations and foundations b. Field records on underground construction and similar work c. Survey showing locations and elevations of underground lines d. Invert elevations of drainage piping e. Surveys establishing building lines and levels f. Authorized measurements utilizing unit prices or allowances g. Records of plant treatment h. Ambient and substrate condition tests i. Certifications received in lieu of labels on bulk products j. Batch mixing and bulk delivery records k. Testing and qualification of tradespersons l. Documented qualification of installation firms m. Load and performance testing n. Inspections and certifications by governing authorities o. Leakage and water-penetration tests p. Fire resistance and flame spread test results q. Final inspection and correction procedures

PART 2 PRODUCTS Not applicable to this section. PART 3 EXECUTION 3.01 RECORDING

Post changes and modifications to the Documents as they occur. Do not wait until the end of the Project. City may review Project Record Documents prior to each progress payment to see that the required information is being properly and faithfully recorded to assure compliance with this requirement. If Contractor has not complied with this requirement, the progress payment will be withheld until the Record Documents have been brought up to date.

3.02 SUBMITTAL

A. At completion of Project, deliver Record Documents to Project Manager.



B. Accompany submittal with transmittal letter containing:

Date Project title and number Contractor's name and address Number and title of each record documents Certification that each document as submitted is complete and accurate, and signature of Contractor, or his authorized representative.

END OF SECTION




SECTION 01732

CUTTING AND PATCHING


A. Contractor shall be responsible for all cutting, fitting, and patching required to complete the work and to: 1. Make its several parts fit together properly, 2. Uncover portions of the work to provide for installation of ill-timed work, 3. Remove and replace defective work, 4. Remove and replace work not conforming to requirements of Contract Documents, 5. Provide routine penetrations of nonstructural surfaces for installation of electrical

conduit, plumbing, and ductwork, 6. Remove Samples of installed work as specified for testing.

1.02 SUBMITTALS

A. Submit a written request to Architect/Engineer well in advance of executing any cutting or alteration that affects the following and is not specifically indicated on the Drawings as part of the Scope of Work: 1. Work of the City or any separate contractor, 2. The structural value or integrity of any element of the completed building, 3. The integrity or effectiveness of weather-exposed or moisture-resistant elements or

systems, 4. The efficiency, operational life, maintenance, and safety of operational elements, 5. The visual qualities of sight-exposed elements.

B. The request shall include:

1. The necessity for cutting or alteration, 2. The effect on the work of the City or any separate contractor or on the structural or

weatherproof integrity of the building, 3. Description of the Proposed Work:

a. The scope of cutting, patching, alteration , or excavation, b. The trades who will execute the work, c. The products proposed to be used, d. The extent of refinishing to be done.

4. Alternatives to cutting and patching, 5. Cost proposal, when applicable, 6. Written permission of any separate contractor whose work will be affected.

C. Should conditions of the work or the schedule indicate a change of products from the original

installation, submit a request for substitution as specified in Section 01630, “Product Operations and Substitutions.”

D. Submit a written notice to Architect/Engineer designating the date and the time the work will be

performed. PART 2 PRODUCTS 2.01 MATERIALS

Cutting and Patching (10-01) 01732 - 1


A. Comply with specifications and standards for each specific product involved. PART 3 EXECUTION 3.01 EXAMINATION

A. Examine existing conditions of the Project, including elements subject to damage or to movement during cutting and patching.

B. After uncovering work, examine the conditions affecting the installation of products or

performance of the Work.

C. Report unsatisfactory or questionable conditions to the Project Manager in writing. Do not proceed with the work until the Project Manager has provided further instructions.

3.02 PREPARATION

A. Provide adequate temporary support as necessary to assure the structural value or integrity of the affected portion of the work.

B. Provide devices and methods to protect other portions of the Project from damage.

C. Provide protection from the elements for that portion of the Project that may be exposed by cutting

and patching work. 3.03 PERFORMANCE

A. Execute cutting and demolition by methods that will prevent damage to other work and will provide proper surfaces to receive installation of repairs.

B. Execute fitting and adjustment of products to provide a finished installation to comply with

specified products, functions, tolerances, and finishes.

C. All plumbing, mechanical, and electrical system elements shall be concealed, unless indicated otherwise.

D. Restore work which has been cut or removed; install new products to provide completed work in

accordance with requirements of Contract Documents.

E. Fit work airtight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

F. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes.

1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish the entire unit.

END OF SECTION

Cutting and Patching (10-01) 01732 - 2



SECTION 01733

TRAFFIC CONTROL

Contractor shall provide traffic control within the work zone throughout the project as needed for the

various traffic situations and street configurations in full conformance with the "California Manual on Uniform Traffic Control Devices 2012 ((Federal Highway Administration (FHWA) Manual of Uniform Traffic Control Devices (MUTCD) latest edition (2012), as amended for use in California)" herein after referred to as Traffic Control Manual. The Traffic Control Manual may be obtained online at http://www.dot.ca.gov/hq/traffops/signtech/mutcdsupp/ca_mutcd2012.htm.

Construction area signs shall be furnished, installed, maintained and removed by the Contractor when no

longer required. Extensive traffic signage, e.g., warning signs and detour signs, may be required for this project. Contractor shall be responsible for placing all barricades for perimeter street closures as required. Per Section 501.10 – Traffic Control of the General Provisions, at main entry and exit points of each work location, the Contractor shall provide a 30" x 30" sign advising the public of the anticipated period of time that traffic delays may be anticipated. This sign will also include name and telephone number of the Contractor along with starting and completion dates of the contract. Sign will be erected 7 days in advance of any work.

Placement of traffic control on San Pablo Avenue (State Route 123) or Ashby Avenue (State Route

13) will require an encroachment permit from the State of California. Contractor shall apply and pay for such permit from the State of California, the cost of which shall be included in the cost bid for this item. Contractor shall be responsible for providing traffic control plan for encroachment permit to and obtaining approval of said traffic control plan from State of California. Contractor shall be responsible for all notification of work to, application for and obtaining work authorization number from State of California. Any damages arising from work related to encroachment permit shall be the responsibility of the Contractor.

The Contractor shall be responsible for posting "No Parking" signs a minimum of four days in advance of

concrete work, paving operations, failed area, and planing work so as to comply with the City’s construction notification requirement of 72 hours. Cones shall not be used as barricades. "No Parking" signs may be obtained from the City at no cost to the Contractor. The "No Parking" signs shall be updated as necessary. The Contractor shall check and maintain (e.g., re-install missing signs, reposition displaced barricades, etc.) postings on a regular basis prior to start of work.

If traffic is to be detoured over a centerline or detoured in advance of the work, detour plans must be

submitted to and approved by the Engineer prior to starting work. Police, Fire and Public Works Department shall be notified at least two days in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. Intersection closure may only occur if the two adjacent intersections remain open, unless otherwise approved by the Engineer. The Contractor shall coordinate his traffic control/diversion plan with City personnel, a minimum of 3 weeks prior to starting work, to assure that traffic is diverted in a safe and convenient manner.

Truck routes shall be approved by the City’s Traffic Engineer prior to start of work. Truck traffic

is not allowed on Marin Avenue within the City of Albany. Personal vehicles of the Contractor's employees shall not be parked within the area of work. A minimum of one (paved) traffic lane, not less than 12 ft. wide, shall remain open for use by public traffic

during construction operations. When construction operations are not actively in progress, not less than two such lanes shall be open to public traffic. The Contractor may be allowed to close residential streets if

Traffic Control (10-01) 01733 - 1


approved in writing in advance by the Engineer. No work that interferes with public traffic shall be performed between 6:00 p.m. and 7:00 a.m.

Start of work shall be no earlier than 7:30 a.m. No work process, including starting, warm up, and delivery

of equipment, shall be done outside of work hours. The use of vehicle horns to alert residents to move their vehicles out of the construction zone is not permitted. The Contractor should attempt to locate vehicle owners by knocking on doors.

The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and

designated legal holidays, and when construction operations are not actively in progress, unless specified otherwise.

Minor deviations from the requirements of this section concerning hours of work may be permitted upon

the written request of the Contractor if in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer provides written approval.

The traffic control system shall consist of closing traffic lanes in accordance with the Traffic Control

Manual. Signs and other devices for the traffic control system shall conform to the Traffic Control Manual.

If any component in the traffic control system is damaged, displaced or ceases to operate or function as

specified, from any cause during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

Lane closures may be made for work periods only. At the end of each work period, all components of the

traffic control system shall be removed from the traveled way, shoulder and auxiliary lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the Engineer within the limits of the public right-of-way.

Sufficient barricades and flashing lights shall also placed to supplement all traffic signs used to divert and

control traffic. Signs and barricades shall be checked periodically every day and replaced or repaired as necessary. Any hazardous conditions shall be immediately eliminated.

The Contractor, at the end of each day, shall provide pedestrian and vehicle crossings at all street

intersections. If the project is left open overnight, it shall be graded in such a way that pedestrians and vehicles can safely pass through the project. Temporary concrete, asphalt, or wood ramps shall be installed and maintained at all locations where existing ramps have been temporarily removed.

In accordance with Section 1603.1 of the Detail Specification, where a tack coat has been spread,

pedestrian crossing areas shall be covered with sand so that the asphalt does not adhere to shoes. No vehicular traffic shall be allowed on a tack coat. Cleanliness is extremely important. Dust producing conditions shall be eliminated as soon as they are

created. If Contractor violates any of these provisions, a fine of $1,000 will be assessed for the first violation,

$5,000 for the second and $10,000 for the third and further subsequent violations.

ACCESS AND EGRESS

The Contractor shall endeavor to cooperate with all business owners and residents occupying properties fronting on the streets in the matter of access and egress. Contractor shall maintain a clear and accessible pedestrian corridor.



Where a business property has more than two vehicular paths of access, one path, 10 feet in width, shall

remain open during all business hours, unless excepted by the Engineer. LANE CLOSURES No lane closures shall be permitted on the following streets Monday through Friday between 7:00 A.M. – 9:00 A.M. and 4:00 P.M. – 6:00 P.M., and Saturdays between 10:00 A.M. – 2:00 P.M., unless approved in advance by the City Traffic Engineer if it can be explained why such closure cannot reasonably be avoided. On Saturdays when UC football games are scheduled all construction-related lane closures along these corridors must be reopened at least 4 hours before the start of the game. Major Streets:

• University Avenue • San Pablo Avenue • Shattuck Avenue • Telegraph Avenue • Sacramento Street • Martin Luther King Jr. Way • Ashby Avenue • College Avenue • Gilman Avenue • Adeline Street

Notwithstanding the above, the Traffic Engineer reserves the right to review and comment on each individual traffic control plan based on its own merits. Note: Routine maintenance, inconvenience to construction method or schedule, or adverse impacts on cost of work will generally not be accepted as grounds for exceptions.

END OF SECTION
