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HomeMy WebLinkAbout2002-312 ~ '"' ~ ,'.. (Note: Bound Contract) ,~ ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-312 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO SOLPAC INC. DBA SOLTEK PACIFIC FOR SAN BERNARDINO HISTORIC SANTA FE DEPOT RENOVATION AND RESTORATION PROJECT, PER PLAN NO. 10446. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Solpac, Inc. dba Sollek Pacific is the lowest responsible bidder for San Bernardino Historic Santa Fe Depot Renovation and Restoration project. A contract is awarded accordingly to said bidder in a total amount of $9,296,000, with a contingency amount of $480,000, but such award shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. SECTION 4. The Mayor and Common Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under CEQA for the renovation and retrofit of the San Bernardino Santa Fe Depot on December 17, 2001. Callrans determined that the project is a Categorical Exclusion (CE) under NEPA on January 30, 2002 and the . .... . ' 2002-312 , " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FHW A determined that the project is properly classified as a Categorical Exclusion (CE) on February 20, 2002. The City Engineer is directed to file a Notice of Determination with the San Bernardino County Clerk within five working days after adoption of this Resolution pursuant to Title 14 California Code of Regulations Section 15075. III 1// . . . . . . . 2002-312 . 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AWARDING A CONTRACT TO SOLPAC INC. DBA SOLTEK PACIFIC FOR SAN BERNARDINO HISTORIC SANTA FE DEPOT RENOVATION 3 AND RESTORATION PROJECT, PER PLAN NO. 10446. 4 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j t. reg .meeting thereof, held on the 23 day of September, 2002, by the following vote, to wit: Council Members: AYES NAYS ABSENT ABSTAIN ESTRADA x LIEN x MC GINNIS x DERRY x 14 SUAREZ 15 16 17 18 x x ANDERSON MC CAMMACK x /) v~J.d., /;1. C~'--/ City lerk 19 20 21 22 23 The foregoing resolution is hereby approved this .,}5'.!H day of Sept.",::,ber, 2002. ~~4-~/&~ '-/ &. Wendy McCammack Mayor Pro Tern City of San Bernardino 24 Approved as to 25 form and legal content: 26 JAMES F. PENMAN, 27 28 City Attorney " ') f'l'e~ By: W""'.., /? U OR/GINRL Meeting Date: 09/23/02 Item #24A Resolution #2002-312 ~ Q Q BID AND CONTRACT DOCUMENTS FOR Prepared under the supervision of: Ray Casey, PE City Engineer E!iIW/NG Nil. /0/16 ExHIBiT \1\11 02 312 ~ EXECUTED IN FIVE (5) COUNTERPARTS BOND #400SS4060 MATERIAL AND LABOR BOND FOR FOR SAN BERNARDINO SANTA FE DEPOT mSTORlC REHABILITATION IN THE CITY OF SAN BERNARDlNO CITY PROJECT NO.: HDREN-l FEDERAL PROJECT NO.: 08-4105584L CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 KNOW ALL MEN BY THESE PRESENT that Solpac:'Inc.. dba Soltek Pacific, as CONTRACfOR and ST. PAUL FIRE AND MARINE INSURANCE COMPANY , as SURETY are held and firmly bound unto the City of SAN BERNARDINO, in the penal sum of ~Hfi~BNNINETY SIX THOllSANn AN!) NO/lnn_____.dollars($9,296,00l),whichis lOO percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, fmnly by these presents. TIIE CONDITIONS OF THIS OBLlUATIUN ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into a Contract with the City of SAN BERNARDINO for the above stated project, if CONTRACfOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of SAN BERNARDINO; provided that any alternations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN :SS ~F dw ~/. """ ""_ '~~ rum&, md ~oh ...,,'" day.f CONTRACTOR* ~~-_.. . Sol Inc. dba Soltek Pacific. 2424 Con ress Street san Diego,CA 92 9):';296 he11r"~/1 Thompson, . President SURETY* V) ~/ ST. PAUL FIRE AND MARINE INSURANCE COMPANY, 333 CITY BLVD. WEST STE 1100, ORANGE, CA 92868 (714) 620-1200 -VALERI~ M. PEARCE J ATTORNEY-IN-FACT, 1(;70 FIFTH AVENIlR, SAN DIEGO, CA 92101 (619) 238-1828 * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. day of OCTOBER ,20~. Subscribed and sworn to this 2ND NOTARY PUBLIC SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION G:\WPROCESS~OBRECRD\200I\2\ 100 sa tlCTORIC DEPOT CI.!dllJ1LDING RENOVAOON\6ID AWARD\Filal Con.", (Silo<: See 00IJO.Conttad).dOC PREPARED BY, AND USEll WITH THE PERM1SS'ON OF. TRANSTECH ENGINEERS. 'NC. CITY OF SAN BERNARDINO Page 10 of 10 02 312 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of CaUfornia County of San Diego On 10-2-02 DATE before me, America San Martin. Notary Public NAME. TITlE OF OFFICER. E.G.. 'JANE DOE, NOTARY PUBLIC" personally appeared VALERIE M. PEARCE NAME(S) OF SIGNER(S) 00- personally known .to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s:) whose name(x) islm subscribed to the within instrument and ac- knowledged to me thatmtshe~. executed the same in m/helxWutllt authorized capacity(m), and that by ~herilXD1t signature(x) on the instrument the person~), or the entity upon behalf of which the person(s:) acted, executed the instrument. <, '- '. // /' OPTIONAL Though the data below is not required bylaw, it may prove valu?ble to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY.S.IGNER- o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITlE(S) , TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENFRAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDl.A.NlCONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave, PO Box 7184' Canoga Park, CA 91309,7184 1118StRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine InsuranCl' Company St. Paul Guardian Insurance Compan~ St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance lIndcr\\'Titcrs, Inc. Power of Attorney :'10. 22770 Certificate "0. 1419619 Kl\O\V ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. and that SI. P:1LI1 Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company arc corporations duly organized under the laws of the Stale of Minnesota. and thaI United Stales Fidelity anu Guaranly Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Compan:y IS a corporation duly organized under the Imvs of the State of Imva, and that Fidelity and Guaranty Insur<lnce Underv.Titers, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein co/l('ctil'('fl" ca/led /he "Companies "). and that the Companies do hereby make. constitute and appoint Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin and Lawrence F. McMahon San Diego California of the City of , State . their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds. undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guarankl:ing bonds and undertakings required or pl:rmitted in any actions or proceedings allowed by law. IN \VITNESS W'HEREOF. the Companies havl: causl:d this instruml:nt to be signed and sl:alc:d this 4th d<lyof October 2001 Seaboard Surety Compauy St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paull\lercur~' Insurance Company United States Fidelity and Guaranty Company Fidelit:v and Guaranty Insurance Company Fidelity and Guaranty Insurance lJndenrriters, Inc. 8.'. ;~'"1'''..''. '." . _ -f,.;~\ :~- '"fI'1 ~;<-~^NctC; """".,,,,,", ~~;~~~~;,.... !j:{o~?O~~r~',cr.\ l:l: _._ :n; ~ '. : O' .~;..S:E&L.." . "";~..,,........~<4b ~. ,.. Slale or Maryland City of B<lltimore PFTLR. \v. CARt\.l^\;, Vice Pn:sidcnt ~~e.r/~ TlIO\li\S L IIUIBRUiTSL ASSIstant Secretary' 4th October 2001 On this day of . before me. the undersigned officer. personally appl:ared Pl:ter \\1. Carman and Thomas E. Huibregtse, who acknmvledged themselves to he the Vice Presidl:1lt and Assistant Secretary. respectively. of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty' Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Lnderwriters, Inc.; and that the seals affixed to the foregoing instrument arc the corporate seals of said Companies; and that they, as such. being authorized so to do. executed the foregoing instruml:nt for the purposes therein contained by signing the n<lmes of the corporations by themselves as duly authorized officers. In \\'itness Whereof, I hCfl:Unto set my hand and official sl:at. ~,t~-~ My Commission expires the] st day of July. 2()()6. RIJHTCA FASLF,\'-ONOKAI.A. J\'nlary Public 86203 Rev. 7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2. 1998, which resolutions are now in full force and eITect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings. contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in.Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President. or any Vice President. or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such otficers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company. and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the tenns and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof. and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse. Assistant Secretary of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and eITect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 2nd day of OCTOBER 2002 . @ ~e.rI~ Thomas E. Huibregtse. Assistant Secretary To verifj' the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individual.' and the details of the bond to which the power is atta,'hed. ... 02 3,2 EXECUTED IN FIVE (5 ) COUNTERPARTS BOND #400554060 FAITHFUL PERFORMANCE BOND FOR SAN BERNARDINO SANTA FE DEPOT lllSTORIC REHABILITATION IN THE CITY OF SAN BERNARDINO CITY PROJECT NO.: HDREN-1 FEDERAL PROJECT NO.: 08-4105584L CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 KNOW ALL MEN BY THESE PRESENf that Solpac. Inc.. dba Soltek PaCific, as CONfRACfOR and ST. PAUL FIRE AND MARINE INSllRANr.ll:\':OMPANY , as SURETY are held and firmly bound unto the City of SAN BERNARDINO, in the penal sum of ~f3EHtlM5k~8NNTNF.TY STX TIl0llSAND AN!) NO/l oo_____.dnllars($9, 296,OOc),which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF TIllS OBLIGATiUN ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into a Contract with the City of SAN BERNARDINO for the above stated project, if CONfRACTOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of SAN BERNARDINO; provided that any alternations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. ds, and seals this 2ND day of CONfRACfOR* SURETY* s St p ~Thompson,. President ST. PAUL FIRE MID MARINE INSURANCE COMPANY, 333 CITY BLVD. WEST STE noo, CA 92868 (714) 620-1200 . . YA~ERIE M. PEARCE:, ATTORNF.Y-TN-FAr.t, lh?O FTFTH AVF.mlF., SAN nTFr.o, r.A (619) 238-1828. . ... Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, addr<:ss and telephone number for authorized representative. an Diego, CA ORANGE, 92101 Subscribed and sworn to this 2ND day of OCTOBER .20,3 NOTARY PUBLIC SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION GJWPROCESS\IOBRECRWOOlI21100 sa HICTOR1C DEPOT CM\BlJIlDlNG RENOVATIONlBIJ AWAAOlAn. eoo_tSpec See OOI3G.Con""Q.doc PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. 'NC. CITY OF SAN BERNARDINO Page 9 of 10 . ~ .. (02 3f~ .' CALlFORMIA ALL.PURPOSE ACKNOWLEDGMENT . No. 5907 State of Cal:i.fornia County of San Diego On 10-2-02 DATE . before me, America San Martin. Notary Public NAME. TITlE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared VALERIE H. PEARCE NAME(S) OF SIGNER(S) 00- personally known .to me - OR . 0 proved to me on the basis of satisfactory evidence to be the person(z:) whose name(x) isID subscribed to the within instrument and ac- . - knowledged to me thatmtshe~. executed the same .in m/heritdleill< authorized.. capacity(m); and that by X1!D1her~ signature(x) on the instrument the person(1), or the entity upon behalf of which the person (I:) acted, executed the instrument. 1 OFFICIAL SEAL J AMERICA SAN MARTIN NOTARY PUBLIC - CALIFORNIA ![!. COMMISSION # 1200313 C SAN DIEGO COUNTY .... My Commission Exp. .October 31, 2002 1 I. OPTIONAL Though the data below is not required bylaw, it may p.rove valu?ble to persons relying on the document and could prevent fraudulent reattachment of this form. . . CAPACITY ClAIMED By,s,.IGNeR- o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT ,.. TITlE(S). TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENFRAL '0 ATTORNeY-IN-FACT o TRU~TE.E(S). .. o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT . SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN1l1Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATiONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184' Canoga ParK. CA 91309-7184 POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company 51. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guarant)' Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22770 Certincate No. 1419 6 2 3 KNOW ALL MEN IlY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized undcr thc laws of the State of New York. and that 51. Paul Fire and Marine Insurance Company. 51. Paul Guardian Insurance Company and 51. Paul Mercury Insurance Company arc corporations duly organized under the laws of thc State of Minnesota. and that Unitcd States Fidelity and Guaramy Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under thc laws ofthe State of Iowa, and that Fidelity and Guaranty Insurance Undcrwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectil'e1y coiled the "Companies "). and that thc Companies do hereby make. constitute and appoint Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin and Lawrence F. McMahon San Diego California of the City of' , State . their true and lawful AlIorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instrumcnts in the nature thereof on behalf of the Companies in their busincss of guaranleeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF. thc Companies have caused this instrument to bc signcd and sealed this 4th day of October 2001 Seaboard Surely Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 51. Paull\1ercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. o ~ State of Maryland City of Baltimore PETER W CARMAN. Vice President 'II~e.A~ TIIOMAS E. HUIBREGTSE. Assistant Secretary 4th October 2001 On this day of . before me, the undersigned officer. personally appeared Peter W. Carman and Thomas E. Huibregtse. who acknowledged themselves to bc the Vice President and Assistant Secretary, respectively, of Seaboard Sure!)' Company, SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. United Stales Fidelity and Guaranty Company, Fidelity and Guaranty Insurancc Company. and Fidelity and Guaranty Insurance Underwriters. Inc.; and that thc seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Wbereof, I hcreunto set my hand and official seal. My Commission expires the I st day of July, 2006. ~.t~-~ REBECCA EASLEY.ONOKALA. Notary Public 86203 Rev. 7-2002 Printed in U.S.A. .'. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Scaboard Surety Company. SI. Paul Fire and Marine Insurance Company. SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2. 1998. which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings, contracts and other instruments relating to said business may be signed. executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chainnan, or the President, or any Vice President. or an Assistant Vice Presidcnt. jointly with the Secretary or an Assistant Secretary, under their respcctive designations. The signature of such otTicers may be engraved, printed or lithographed. The signature of each of the foregoing otTicers and the seal of the Company may be atTixed by facsimile to any Power of Allorney or to any certificate relating thereto appointing Allorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorncy or certificate bcaring such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly allached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the tenns and limitations of the Power of Allorney issued them, to cxecute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Allorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executivc Officer and sealed and allested to by the Secretary of the Company. I. Thomas E. Huibregtse. Assistant Secretary of Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the ahove and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 2nd day of OCTOBER 2002. B ~~ @ ~e.rI~ Thomas E. Huibregtse, Assistant Secretary To verifY the authenticity ofthi.. Power of Attorney, call1-800-4Zl-3880 and a..kfor the Power of Attorney clerk. Please refer to the Power of Attorney number, the abol'f!-named individuals and the details of the bond to which the power is attached. o 2 3 1-2 4 '..:..~:',:.:"~::~..":..,..,.,.,....,...A.,...",,.,,"'....,....,...C.,.,.,.,.,.,.,....,....,...O.,......,......................R..,................,..........'D,.............,...........,_..........,.,....,.,....,.,:":::.:":,.::,,..',,:,:',,...",.':.',.':',...,.,...,','.:,'.:'.:,...1.'.:',.',','..,.',..:,.,'.:,",.':','.:'"'.."'..:.':',':',:m,.:"'.:,,.,,':',':',',,..',,'.'"."'I:',':',.',.,.~,':',':."',..:',,',,.',,'.,,,'J.':',':'":...n,',.':',..,.,'.".,':',.',,.,...,.',',.',.'"',,',,',:',.',',..,':,:,,.::.,,',.',',.','.'. :.."~:'....:i:::'I:.::I':i[GI"i::itij~~~::i*~'S':'I':i:m\^..,~.'ijilt}t ..... DATE IMM/DDNYI ._ ~. n.. E Wi. ....,.E:f:~5,m.e:,M!:Jtltt~!'M..~9tt\!~M.5.t(~.~rr~'~~~.. 10/02/02 619-699-0541 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER DRIVER ALLlANT INSURANCE 1620 FIFTH AVENUE SAN DIEGO, CA 92101 JIM CASTLE COMPANY A ST. PAUL FIRE & MARINE INSURED Solpac, Inc. DBA: Soltek Pacific 2424 Congress Street, Ste. A San Diego CA 92110 COMPANY B STATE COMPENSATION INS. FUND COMPANY C AFFILIATED FM INSURANCE co. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO lTR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS DATE IMM/DDIYYI DATE IMM/DDIYYI 1/01/02 1/01/03 GENERAL AGGREGATE PRODUCTS - COMPIOP AGG I PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) 1/01/02 1/01/03 COMBINED SINGLE LIMIT BODILY INJURV (Per penon) BODilY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT I OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE 1/01/02 1/01/03 EACH OCCURRENCE AGGREGATE 1/01/02 1/01/03 El EACH ACCIDENT EL DISEASE. POLICY LIMIT El DISEASE - EA EMPLOYEE 2/15/01 6/1/03 $8,896,000 LIMIT $5,000 DEDUCTIBLE SPECIAL FORM PERILS 2000000 2000000 1000000 1000000 50000 5000 A GENERAL UABIUTY X COMMERCIAL GENERAL UAB'llTY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT X,C & U BFPD KK061 00020 A BLANKET CONTR'L. & PER PROJECT AGGREGATE ARE INCLUDED A KK06100020 1000000 All OWNED AUTOS KK06100020 9000000 9000000 OTHER THAN UMBRELlA FORM B WORKERS COMPENSATION AND EMPlDYERS' UABIUTY 046-9996 1000000 1000000 1000000 THE PROPRIETOR! PARTNERSIEXECUTIVE OFFICERS ARE: C OTHER BUILDERS RISK INCL X EXCl TD721 DESCRIPTION OF OPERATIONS/LOCATIONSNEHIClES/SPECIALITEIVIS RE: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION, PROJECT NO: HDREN-1; FEDERAL PROJECT NO.: 08-4105584L, SOLTEK JOB #470 THE CITY, ITS DEPTS,OFFICERS,AGENTS&EMPLOYEES ARE ADDITIONAL INSURED ATIMA PER CG2010 ENDT. ATTACHED. WAIVER OF SUBROGATION APPLIES ON WC. @mit!f!9At€HP~P€6.~I::,,~::~::::.::I:I:.I;::'::""""'"..?.....~.~}?}. ..~::.~I.I.::J@@Np.~@f\ilQ~...~::"::~:~:.:::I.".",..:..:':.,..':.::::.i':.'..,...... ... .....~....t..t..r~.: ...... ..........:. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BE1=ORE THE CITY OF SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO, CA 92418 EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ~,w..ro...'''''' ..... MAlL ~ DAYS WRITTEN NOTICE TO TIlE CERTIFICATE HOLDER NAMED TO THE lEFT. DVI rro.........'.. IV MAIL oDU",n 1~"T1e[ 811"ll Ir1PQI;[ NQ <;lAId8AlIo,... un ul"\OldT~ or .U. IEtNll linni'll TUi "'aMP'AN.. ITa AofHT... ...r, 1\....,,~eUTMl..ea. Aq9RQg~f~jn~$'JJ:'JJf ............ AUT~ES::Aa^- C'SJf/ ~~~:.:m:~..~:~~::~~ffJ:~~Jilliia:fJJm~f~~.~Jf.J:;~J~~?.~f'::::.JJJJJJJ:~~JfJ~:~:.~~Aqqt{i;\'4PReqij~tr&N#~~Q'. * 02 312 CL 246 (11-85) " POLICY NUMBER: ST. PAUL FIRE & MARINE POLICY #KK06100020 SOLPAC, INC. DBA: SOLTEK PACIFIC 2424 CONGRESS STREET, SAN DIEGO, CA 92110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE CITY OF SAN BERNARDINO, ITS DEPARTMENTS, OFFICERS, AGENTS AND EMPLOYEES RE: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION PROJECT NO.: HDREN-1i FEDERAL PROJECT NO.: 08-4105584L (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) \~O IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY ENDORSEMENT: It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured (s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of the named insured (s) or its sub-contractors, and only if such claim, loss or liability is determined to be solely the negligence or responsibility of the named insured (s). This insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. I, James D. Castle, hereby declare under penalty of perjury and under the laws of the State of California, that I have the authority to bind the above-named insurance company to this endorsement and by my execution thereof, do bind said company. ----A-/? ~ Authorized Representative /d,h~ ~ Date Executed at San Diego, California on October 2, 2002. Copyright. Insurance Services Office, Inc.. 1984 . 02 312 ," WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. It is further agreed that the premium on the earnings of such employees shall be increased by 3%. SCHEDULE CITY OF SAN BERNARDINO, ITS DEPARTMENTS, OFFICERS, AGENTS AND EMPLOYEES RE: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION PROJECT NO.: HDREN-1; FEDERAL PROJECT NO.: 08-4105584L This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. STATE COMPENSATION INSURANCE FUND Insured: SOLPAC, INC. DBA: SOL TEK PACIFIC Policy Number: 046-9996 Endorsement Effective Date: 01/01/02 J ;.-.~ , I' o o ~ o . " 02 312 PRE-BID MEETING ATTENDEE LIST A copy of pre-bid meeting attendee list is attached. PLAN HOLDERS LIST AS OF JUNE 3, 2002 A copy of plan holders list as of June 3, 2002 is attached. LIST AS OF ALL CONTRACTORS/SUBCONTRACTORS THAT CONTACTED THE CITY AND/OR HAVE BEEN CONTACTED BY THE CITY REGARDING THIS PROJECT A list of all contractors/subcontractors that contacted the City and/or have been contacted by the City regarding this project is attached. REMINDER FOR BID OPENING DATE. Sealed Bids shall be delivered to the City Engineer's Office, located at Third Floor, San Bernardino City Hall, 300 North D Street, San Bernardino, CA 92418, up to the hour of 3:00 PM, on Thursday, June 13, 2002, at which time they will be publicly opened and read aloud. Bidders Acknowledgement and Acceptance of Adden SOLPAC, INC. dba Soltek Pacific June 22. 2002 Bidder-Name Siqnature Date ~tephen W. Thompson, President Note to Bidders: Also sign Addendum Acknowledgement page in the Bid Documents. This Addendum has been faxed to all pre-bid meeting attendees and plan holders. Addendum No.1 issued by: ~L I ff'4 uL Raymond A. Casey, PE City Engineer of City of San Bernardino Date: June 3, 2002 Prepared by Transtech Engineers, Inc. City of San Bernardino's Construction Management Consultant ATTACHMENTS REVISED SECTION 00110 TITLED BID PROPOSAL (REVISED PER ADDENDUM #1) PRE-BID MEETING A TTENDEE LIST PLAN HOLDERS LIST AS OF JUNE 3, 2002 LIST OF ALL CONTRACTORS/SUBCONTRACTORS THAT CONTACTED THE CITY AND/OR HA VE BEEN CONTACTED BY THE CITY REGARDING THIS PROJECT . 24'X36" SIZE PLAN SHEET M3.10, J:\WPROCESSVOBRECRD\2001\21100 SB HICTORIC DEPOT CMlBUlLDING RENO VA TlONiBID ADVERTlSEMENT1Addendum No l.doc Page 14 .. 7.-' ...'" ," c 0.3 A.3 0.4 A.4 0.5 A.S. . . 02 312 consists of street lighting) south of that right-of-way line is part of the Additive Alternate Bid No.2. Plan A 1.1 clearly delineates the area applicable to Additive Alternate Bid No. 2. Please note, building utility connections that extend into Third Street is part of the base bid (utility connections to serve the building are not considered street improvements). Designation of Subcontractors, Specification 00110, indicates that bidder shall list all subcontractors, suppliers, vendors, etc. that will perform portions of the work with a dollar value in excess 1-1/2% of the ba'se bid. Public Contract Code 4104 requires only subcontractors to be listed. Clarify. (Question reference SwinertonlRFI #4,1) Comply with the requirements specified in the bid documents. Local Agency Bidder-DBE Information, Spec 00110 require that bidder submit copies of the DBE quotes. Majority of subcontractors submit their bids 10 to 20 minutes before bid time. We propose to submit Good Faith and DBE information 24 hours after bid date. (Question reference Swinerton/RFI #4, 2) Comply with the requirements specified in the bid documents. Erasures and corrections, Specification 00040, state that signature is required in the margin opposite the correction by the person submitting the bid. Please provide where the signature will go on the bid form. (Question reference Swinerton/RFI #4, 2) Sign or initial next to the correction. PLAN HOLDERS LIST AS OF JUNE 7, 2002 o A copy of plan holders list as of June 7, 2002 is attached. REMINDER FOR BID OPENING DATE. Sealed Bids shall be delivered to the City Engineer's Office, located at Third Floor, San Bernardino City Hall, 300 North D Street, San Bernardino, CA 92418, up to the hour of 3:00 PM, on Thursday, June 13,2002, at which time they will be publicly opened and read aloud. Bidders Acknowledgement and ACC~~~NO. 2: SOLPAC. INC. dba Soltek ~ ~ne 22. 2002 Bidder-Name Pacific- Signature Date Stephen W. Thompson, President Note to Bidders: Also sign Addendum Acknowledgement page in the Bid Documents. This Addendum has been faxed to all plan holders as of June 7, 2002. Addendum No.2 issued by: t JkcA~~ Raymond A. Casey, PE . City Engineer of City of San Bernardino o Prepared by Transtech Engineers, Inc. City of San Bernardino's Construction Management Consultant ATTACHMENT: PLAN HOLDERS LIST AS OF JUNE 7,2002 J:\WPROCESS\JOBRECRD\2001\21100 SB HICTORIC DEPOT CMlBUlLDING RENOVA TlON\B1D ADVERTlSEMEN7V1ddendum No 2.doc Date: June 7, 2002 Page 2 .. '(-.., o 02 312 300 North "D" Street S an Bernardino CA 92418-0001 File No. 1.7178 Acct. No.: 123-558-5504-7178 Addendum No.3 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY PROJECT NO.: HDREN-1 FEDERAL PROJECT NO.: 08-4105584L IN THE CITY OF SAN BERNARDINO CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 The City of San Bernardino hereby issues Addendum NO.3 to clarify questions received as of June 12, 2002. All bidders shall sign the space provided below, and submit a signed copy to the City with their bids as acknowledgement and acceptance of the conditions set in Addendum No.3. The following Items are included in Addendum NO.3: Q1. A1. Q2. 0 A2. Q.3 A.3 Q.4 A.4. Can the City extend bid date? At the request of some bidders and in order to allow additional time, the City of San Bernardino hereby extends the bid opening date to June 27, 2002. Due to the extent of specialty work which needs to be subcontracted, some bidders are having difficulty in meeting the required 25% work by prime contractor. Can this be reduced to 20%? Yes. The City hereby reduces the requirement of work by prime contractor's in-house forces from 25% to 20%. Is good faith DBE effort acceptable? Yes. Good Faith DBE Effort is acceptable. Necessary forms for good faith effort are part of the bid documents. Would the City consider refunding cost of bid sets? The City will refund cost of bid sets as long as the bid set is returned complete and in acceptable quality. Only cost of 1 set per contractor will be refunded. NEW BID OPENING DATE: 3:00 PM, Thursday, June 27,2002. m No.3: June 22, 2002 Date Addendum No.3 issued by: Date: June 12, 2002 L. -1~)..1 eA-'Jll ,hi Raymond A. Casey, PE O City Engineer of City of San Bernardino Prepared by Transtech Engineers, Inc., City of San Bernardino's Construction Management Consultant 1J:\WPROCESSIJOBRECRD\2001\21100 SB HICTORIC DEPOT CM\BUILDING RENOVATION\BID ADVERTISEMENTlAddendum No 3.doc Page 1 , t ~ ~-:'-. . ... ..... .. 02 312 o Q3. A3. What is the City's requirement for certified welders? The City requires San Bernardino certified welders. This certification is provided by San Bernardino College. There are literally hundreds of San Bernardino certified welders in the City. REMINDER: BID OPENING DATE: 3:00 PM, Thursday, June 27,2002. Bidders Acknowledgement a SOLPAC, INC. dba Soltek Bidder-Name Note to Bidders: This Addendum has been faxed to all plan holders as of June 21, 2002. Addendum No.4 issued by: Date: June 21, 2002 AI,' Cd"'!:, t.rRaymOnd A. Casey, PE City Engineer of City of San Bernardino Prepared by Transtech Engineers, Inc., City of San Bernardino's Construction Management Consultant o o G:IWPROCESS\JOBRECRDIi001\21100 SB HICTORIC DEPOT CMIBUILDING RENOVATIONIBID ADVERTISEMENT\Addendum No 4.doc Page 2 o PART I ADMINISTRATION Prepared by: Transtech Engineers, Inc. Project Construction Manager o o 02 312 02 312 o CONTENTS FOR BID AND CONTRACT DOCUMENTS The "Bid and Contract Documents" for this project consist of the following: PART I - Administration (prepared by Transtech Engineers, Inc., Project Construction Manager) APPENDIX A - Federal Requirements City's Disadvantage Business Enterprise (DBE) Program "PART l" and "APPENDIX A" are bound in one (1) booklet called "BOOK 1 OF 3". PART 11- Technical Specifications (prepared by Architect Milford Wayne Donaldson, Project Architect and its subconsultants) "PART II" is bound ill two (2) booklets called "BOOK 2 OF 3" alld "BOOK 3 OF 3". PLANS (prepared by Architect Milford Wayne Donaldson, Project Architect and its subconsultants) PLANS are boulld ill olle (1) separate set o o SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENG'NEERS. INC. Contents for Bid and Contract Documents.doc Page 1 of 1 02 312 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00010 Not Used Not Used 00020 Not Used Not Used 00030 Specific Definitions 1.03 General 1.04 Definitions 00040 General Instructions to 1.02 Related Sections Bidders 1.03 General Proposal Requirements 1.04 Bid Guarantee 1.05 Required Examination of Contract Documents 1.06 Required Inspection of the Site 1.07 Postponement of Opening 1.08 Public Opening of Bids 1.09 City Rejection of Bids 1.10 Execution of Contract 1.11 Bidder's Signature and Authority 1.12 Erasures and Corrections 1.13 Bid Irregularities 1.14 Modification of Bid 1.15 Withdrawal of Bids Prior to Bid Opening 1.16 Withdrawal of Bids After Bid Opening 1.17 Disqualification of Bidders 1.18 Scope of Work Includes All Addenda 1.19 Pre-Bid Omissions, Discrepancies, and/or Misunderstandings 1.20 Contractor's License Law 1.21 Sales, Use, and Other Taxes 1.22 Legal Responsibilities 1.23 Contract Bonds 1.24 Substitutions During Bidding 1.25 Assignment of Anti Trust Actions 00100 Specific Instructions to 1.02 Related Sections Bidders 1.03 Location of Work 1.04 Pre-Bid Inquires 1.05 Minimum Bidder Qualifications 1.06 Federal Lobbying Restrictions 1.07 Disadvantaged Business Enterprise (DBE) Requirements 1.08 Delivery of Proposal 1.09 Additive Alternate Bid Items 1.10 Bid Allowances 00110 Bid Proposal Bid Prooosal 00120 Scope of Work 1.02 Related Sections 1.03 Scope of Work (Summary) 1.04 Work Under Other Contracts 1.05 Documents Available 1.06 Building System and Utility Coordination 1.07 Project Sign 1.08 Extermination 00130 Sample Contract Sample Contract SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. Part I - Table of Contents.doc Page 1 of 8 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00140 General Conditions 1.02 Related Sections 1.03 Intent of Contract Documents 1.04 Project Errors, Omissions, Inconsistencies, and/or Discrepancies 1.05 Headings 1.06 Mobilization 1.07 Penalty for Collusion 1.08 Successors and Assigns 1.09 Assignment to Owner 1.10 Rights and Remedies 1.11 Administration of the Contract 1.12 Acceptability of the Work 1.13 Owner's, Construction Manager's, and Architect's Right of Access To the Work 1.14 Suggestions to the Contractor 1.15 Cooperation Between Owner and Contractor 1.16 Owner-Furnished Materials 1.17 Defective and Unauthorized Work 1.18 Unnoticed Defects 1.19 Right to Retain Imperfect Work 1.20 Weather Conditions 1.21 Contractor's Daily Report 1.22 Notice to Record Sound, Video and/or Both 1.23 Assignment of Contract 1.24 Warranty of Title SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. Part I - Table of Contents Page 2 of 8 02 312 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00150 Specific Conditions 1.02 Related Sections 1.03 Project Schedule 1.04 Weather Delay Days 1.05 Award of Contract 1.06 Project Specifications and Plans 1.07 Prevailing Wage and Certified Payroll Requirements 1.08 Liquidated Damages Amount 1.09 General Non-Discrimination Requirements 1.10 Percentage of Work Required to be Performed by the Contractor 1.11 Not Used 1.12 Contractor License Requirements 1.13 Permit, Inspection, License, and Notification Requirements 1.14 SCRRA Right-of-Entry Permit Requirement 1.15 SWRCB Permit Requirement 1.16 Access to the Site and Use of the Premises 1.17 Subcontracts 1.18 Working Hours 1.19 City Holidays 1.20 Emergency Information 1.21 Plans and Specifications to be Provided 1.22 City Provided Working Space 1.23 Acceptance of Site 1.24 Maintenance of Existing Plantings, Improvements, and Facilities 1.25 Limits of Work 00160 Rights, Representation, 1.02 Related Sections Responsibilities, and Role of 1.03 City as Owner Versus City as Code Enforcement Agency the City as Owner 1.04 Owner's Rights 1.05 Owner's Representation 1.06 Owner's Right to Use or Occupy Prior to Substantial or Project Completion 1.07 Owner's Right to Perform Work and to Award Separate Contracts 00170 Construction Manager's 1.02 Related Sections Responsibilities and Role 1.03 General 1.04 Construction Manager's Representative 1.05 Inspection of Construction 1.06 Interpretations 00180 Architect's Responsibilities 1.02 Related Sections and Role 1.03 Site Visits by the Architect 1.04 Submittal Review 1.05 Architect' Right to Supplement Contractor's Submittal Material 1.06 Artistic Effect SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. Part I - Table of Contents Page 3 of 8 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00190 Contractor's Responsibilities 1.02 Related Sections and Role 1.03 Project Office and Legal Address 1.04 Contractor's Designated Representative 1.05 Contractor's Responsibilities and Role 1.06 Contractor's Responsibility for thf' Work and Materials 1.07 Subcontractor's Role and Requirements 1.08 Contractor's Equipment and Facilities 1.09 Public Safety and Convenience 1.10 Laws to be Observed 1.11 Overtime Requirements 1.12 Apprentice and Trainee 1.13 Contractor's Safety Responsibility 1.14 Safety Program 1.15 Safety Supervisor 1.16 Safety Coordination Meetings 1.17 Safety and Protection of People and the Site 1.18 Excavation Safety 1.19 Safety Emergencies 1.20 Safety Violations 1.21 Equipment Safety Provisions 1.22 Means and Methods 1.23 Storage of Materials 1.24 Hazardous Materials 1.25 Dust Control 1.26 Payment for Patents and Patent Infringement 1.27 Payment of Taxes 1.28 Payment for Labor and Materials 1.29 Waiver of Liens 1.30 Social Security Act 00200 Delays, Extensions, 1.02 Related Sections Liquidated Damages, 1.03 Types of Delays Suspension Of Work, And 1.04 Notice of Delays Termination Of Contract 1.05 Compensable Delays 1.06 Type of Compensation 1.07 Weather Delay Days 1.08 Concurrent Delays 1.09 Indirect Overhead 1.10 Time Extensions 1.11 Liquidated Damages 1.12 Temporary Suspension of Work 1.13 Termination of Contract SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. Part I - Table of Contents Page 4 of 8 02 312 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00210 Changes to the Contract 1.02 Related Sections 1.03 Changes in Contract Scope of Work 1.04 Changes in Contract Price 1.05 Negotiated Contract Change Orders 1.06 Force Account Payment Procedures 1.07 Unit Price Adjustments Due to Increased or Decreased Quantities 1.08 Differing Conditions 1.09 Contract Change Order Forms 00220 Claims and Resolution of 1.02 Related Sections Claims 1.03 Claims 1.04 Records of Disputed Work 1.05 Submission of Claims Costs 1.06 Claims Meetings 1.07 Resolution of Claims 00230 Retention 1.02 Related Sections 1.03 Right to Withhold Amounts 1.04 Other Withholds 00240 Warrantee 1.02 Related Sections 1.03 General 00250 Insurance Requirements 1.02 Related Sections 1.03 Indemnification 1.04 General Insurance Requirements 1.05 Requirement for Commercial General Liability Insurance 1.06 Requirement for Public Liability and Property Damage Insurance 1.07 Requirement for Commercial Business Auto Insurance 1.08 Requirement for Workers' Compensation and Employers' Liability Insurance 1.09 Requirement for Builder's Risk Insurance 1.10 Requirement for General Liability Additional Insured Endorsement 1.11 Change in Terms 1.12 Insurance Policies Must Allow City Occupancy 00260 Progress Meetings 1.02 Related Sections 1.03 Progress Related Meetings 1.04 Design Related Meetings 1.05 Mandatory Meetings 00270 Project Record Documents 1.02 Related Sections 1.03 Procedures 1.04 Document Status Prior to Request for Progress Payments SAN BERNARDINO SANTA FE DEPOT HiSTORIC REHABiliTATION CITY OF SAN BERNARDiNO PREPARED BY, AND USED WITH THE PERM'SSION OF. TRANSTECH ENGINEERS, INC. Part I - Table of Contents Page 5 of 8 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00280 Construction Schedule 1.02 Related Sections 1.03 Purpose 1.04 Contractor's Authority and Responsibility 1.05 Submittal of Construction Schedules and Schedule Analyses 1.06 Baseline Construction Schedule 1.07 Baseline Construction Schedule Liquidated Damages 1.08 Construction Schedule Preparation Guidelines 1.09 Construction Schedule Revisions and Updates 1.10 Suspension of Progress Payments 1.11 Time Extensions 1.12 Weather Day Allowance 1.13 Time Impact Analysis 1.14 Contractor Objections 1.15 Final Record Copy 1.17 Schedule Analysis 00290 Schedule of Values 1.02 Related Sections 1.03 Submittal of the Schedule of Values 1.04 Baseline Schedule of Values 1.05 Schedule of Values Preparation Guidelines 1.06 Schedule of Values Revisions 1.07 Progress Payment Requests 1.08 Review of the Schedule of Values 1.09 Suspension of Payments 1.10 Cash-Flow and Work-Hour Projections 00300 Compensation and Payment 1.02 Related Sections 1.03 Scope of Payment 1.04 Work Prior to Issuance of Notice to Proceed 1.05 Partial Payments 1.06 Partial Payments - Inclusion of Materials on Hand 00310 Substitutions 1.02 Related Sections 1.03 Contractor's Right to Substitute 1.04 Timing of Substitution Submittals 1.05 Review of Substitutions 1.06 Substitution Costs. 00320 Not used Not used SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. Part I - Table of Contents Page 6 of 8 02112 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00330 Submittals 1.02 Related Sections 1.03 Contractor's Responsibilities 1.04 Cost of Submittal Preparation 1.05 Timing of Submittals 1.06 Submittal Procedures 1.07 Transmittal Procedures 1.08 Review Procedures 1.09 Shop Drawing Submittal 1.10 Product Data Submittal 1.11 Sample Submittal 1.12 Manuals 1.13 Certificates 1.14 Material List Submittals 1.15 Color Schedules 1.16 Finish Hardware List 00340 Quality Control 1.02 Related Sections 1.03 References 1.04 Contractor's Responsibility 1.05 Quality Control Plan Requirements 1.06 Submittal of the Contractor's Quality Control Plan 1.07 Approval of Independent Testing Laboratories 1.08 Owner's Quality Control 1.09 Protection During Quality Control Activities 1.10 Suspension ofPavrnents 00350 Inspection, Testing, and 1.02 Related Sections Sampling 1.03 Related Codes and Standards 1.04 General Inspection Requirements 1.05 Inspection Coordination and Scheduling 1.06 Testing 1.07 Test Standards 1.08 Sampling 1.09 Contractor's Test and Inspection Reports 1.10 List of Existing Non-Complying Work 1.11 Special Inspection and/or Testing 00360 Acceptance of Machinery 1.02 Related Sections and Equipment 1.03 General SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. Part I - Table of Contents Page 7 of 8 TABLE OF CONTENTS FOR PART I An Alphabetical INDEX for PART I is provided following TABLE OF CONTENTS Section Title Contents 00370 Temporary Construction 1.02 Related Sections Facilities and Construction 1.03 General Site Requirements 1.04 Temporary Utilities 1.05 Temporary Construction Facilities 1.06 Temporary Protection, Enclosures, and Barricades 1.07 Protection and Restoration of Existing 1.08 Project Security, Fencing and Fire Prevention 1.09 Access Roads 1.10 Dust, Noise and Other Controls 1.11 Drainage Control 1.12 Construction Site Cleaning and Disposal of Materials 1.13 Parking and Storage Areas 1.14 Traffic and Pedestrian Travel Requirements 1.15 Haul Routes 1.16 Traffic Control 00380 Measurement of Quantities 1.02 Related Sections 1.03 General 00390 Project Completion 1.02 Related Sections Procedures 1.03 Equipment Start-Up 1.04 Certification of Elevations and Improvements 1.05 Cleaning Prior to Final Inspection 1.06 Pest Extermination 1.07 Substantial Completion 1.08 Final Inspection and Payment 00400 Field Engineering 1.02 Related Sections 1.03 Datum 1.04 Lines and Grades 1.05 Construction Staking 1.06 Certification of Elevations and Improvements 1.07 Minimum Benchmark, Line, Level, and Lay-out Requirements 00410 Existing Utilities 1.02 Related Sections 1.03 General 1.04 Notification and Utility Location Determination 1.05 Damage and Protection 1.06 Utility Relocation and Rearrangement 00420 Seismic Design and 1.02 Related Sections Anchorage of Equipment 1.03 General and Other Applicable Facilities 00430 Storm Water Pollution Storm Water Pollution Prevention Plan Prevention Plan 00440 Solid Waste Management Solid Waste Management And Recycling Plan And Recycling Plan SAN BERNARDiNO SANTA FE DEPOT HiSTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. Part I - Table of Contents Page 8 of 8 02312 INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number ~cceptability of the Work General Conditions 140 1.12 ~cceptance of Site Specific Conditions 150 1.23 ~ccess Roads Temporary Construction Facilities and 370 1.09 Construction Site Requirements !Access to the Site and Use of the Specific Conditions 150 1.16 Premises Additive Alternate Bid Items Specific Instructions to Bidders 100 1.09 Administration of the Contract General Conditions 140 1.11 !Apprentice and Trainee Contractor's Responsibilities and Role 190 1.12 !Approval of Independent Testing Quality Control 340 1.07 ~aboratories ~rchitect' Right to Supplement Architect's Responsibilities and Role 180 1.05 k:ontractor's Submittal Material iArtistic Effect Architect's Responsibilities and Role 180 1.06 ~ssignment of Anti Trust Actions General Instructions to Bidders 40 1.25 ~ssignment of Contract General Conditions 140 1.23 !Assignment to Owner General Conditions 140 1.09 A. ward of Contract Specific Conditions 150 1.05 Baseline Construction Schedule Construction Schedule 280 1.06 Baseline Construction Schedule Construction Schedule 280 1.07 Liquidated Damages Baseline Schedule of Values Schedule of Values 290 1.04 Bid Allowances Specific Instructions to Bidders 100 1.10 Bid Guarantee General Instructions to Bidders 40 1.04 Bid Irregularities General Instructions to Bidders 40 1.13 Bid Proposal Bid Proposal 110 All Bidder's Signature and Authority General Instructions to Bidders 40 1.11 Building System and Utility Scope of Work 120 1.06 Coordination Cash-Flow and Work-Hour Projections Schedule of Values 290 1.10 :::ertificates Submittals 330 1.13 :::ertification of Elevations and Project Completion Procedures 390 1.04 Improvements :::hange in Terms Insurance Requirements 250 1.11 :::hanges in Contract Price Changes to the Contract 210 1.04 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 1 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number ~hanges in Contract Scope of Work Changes to the Contract 210 1.03 City as Owner Versus City as Code Rights, Representation, Responsibilities, 160 1.03 Enforcement Agency and Role of the City as Owner City Holidays Specific Conditions 150 1.19 City Provided Working Space Specific Conditions 150 1.22 City Rejection of Bids Genera] Instructions to Bidders 40 1.09 ~]aims Claims and Reso]ution of Claims 220 1.03 ~]aims Meetings Claims and Resolution ofC]aims 220 1.06 ~]eaning Prior to Fina] Inspection Project Completion Procedures 390 1.05 ~o]or Schedules Submittals 330 1.15 De]ays, Extensions, Liquidated Compensable De]ays Damages, Suspension Of Work, And 200 1.05 Termination Of Contract De]ays, Extensions, Liquidated Concurrent De]ays Damages, Suspension Of Work, And 200 1.08 Termination Of Contract Construction Manager's Representative Construction Manager's 170 1.04 Responsibilities and Role Construction Schedule Preparation Construction Schedule 280 1.08 Guidelines Construction Schedule Revisions and Construction Schedule 280 1.09 Updates :=onstruction Site Cleaning and Disposa] Temporary Construction Facilities and 370 1.12 of Materia]s Construction Site Requirements Construction Staking Fie]d Engineering 400 1.05 Contract Bonds Genera] Instructions to Bidders 40 1.23 Contract Change Order Forms Changes to the Contract 210 1.09 Contractor License Requirements Specific Conditions ]50 1.12 Contractor Objections Construction Schedule 280 1.14 Contractor's Authority and Construction Schedule 280 1.04 n,esponsibility :=ontractor's Designated Representative Contractor's Responsibilities and Ro]e 190 1.04 Contractor's Equipment and Facilities Contractor's Responsibilities and Ro]e ]90 1.08 Contractor's Responsibilities and Ro]e Contractor's Responsibilities and Ro]e ]90 1.05 Contractor's Responsibility for the Wor~ Contractor's Responsibilities and Ro]e 190 1.06 and Materia]s Contractor's Right to Substitute Substitutions 310 1.03 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 2 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 02312 INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Contractor's Safety Responsibility Contractor's Responsibilities and Role 190 1.13 Contractor's Daily Report General Conditions 140 1.21 Contractor's License Law General Instructions to Bidders 40 1.20 Contractor's Responsibilities Submittals 330 1.03 Contractor's Responsibility Quality Control 340 1.04 Contractor's Test and Inspection Reports Inspection, Testing, and Sampling 350 1.09 r:ooperation Between Owner and General Conditions 140 1.15 tontractor Cost of Submittal Preparation Submittals 330 1.04 bamage and Protection Existing Utilities 410 1.05 Datum Field Engineering 400 1.03 Defective and Unauthorized Work General Conditions 140 1.17 Definitions Specific Definitions 30 1.04 Delivery of Proposal Specific Instructions to Bidders 100 1.08 Design Related Meetings Progress Meetings 260 1.04 Differing Conditions Changes to the Contract 210 1.08 Disadvantaged Business Enterprise Specific Instructions to Bidders 100 1.07 DBE) Requirements Disqualification of Bidders General Instructions to Bidders 40 1.17 Document Status Prior to Request for Project Record Documents 270 1.04 Progress Payments Documents Available Scope of Work 120 1.05 Drainage Control Temporary Construction Facilities and 370 1.11 Construction Site Requirements Dust Control Contractor's Responsibilities and Role 190 1.25 Dust, Noise and Other Controls Temporary Construction Facilities and 370 1.10 Construction Site Requirements Emergency Information Specific Conditions 150 1.20 Equipment Safety Provisions Contractor's Responsibilities and Role 190 1.21 Equipment Start-Up Project Completion Procedures 390 1.03 Erasures and Corrections General Instructions to Bidders 40 1.12 ~xcavation Safety Contractor's Responsibilities and Role 190 1.18 IExecution of Contract General Instructions to Bidders 40 1.10 ~xtermination Scope of Work 120 1.08 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 3 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Federal Lobbying Restrictions Specific Instructions to Bidders 100 1.06 Final Inspection and Payment Project Completion Procedures 390 1.08 Final Record Copy Construction Schedule 280 1.15 Finish Hardware List Submittals 330 1.16 Force Account Payment Procedures Changes to the Contract 210 1.06 peneral Inspection Requirements Inspection, Testing, and Sampling 350 1.04 peneral Insurance Requirements Insurance Requirements 250 1.04 peneral Non-Discrimination Specific Conditions 150 1.09 lRequirements peneral Proposal Requirements General Instructions to Bidders 40 1.03 Haul Routes Temporary Construction Facilities and 370 1.15 Construction Site Requirements Hazardous Materials Contractor's Responsibilities and Role 190 1.24 Headings General Conditions 140 1.05 ~demnification Insurance Requirements 250 1.03 Delays, Extensions, Liquidated ~direct Overhead Damages, Suspension Of Work, And 200 1.09 Termination Of Contract ~spection Coordination and Scheduling Inspection, Testing, and Sampling 350 1.05 nspection of Construction Construction Manager's 170 1.05 Responsibilities and Role Ilnsurance Policies Must Allow City Insurance Requirements 250 1.12 Pccupancy Ilntent of Contract Documents General Conditions 140 1.03 ~terpretations Construction Manager's 170 1.06 Responsibilities and Role !Laws to be Observed Contractor's Responsibilities and Role 190 1.10 !Legal Responsibilities General Instructions to Bidders 40 1.22 !Limits of Work Specific Conditions 150 1.25 ~ines and Grades Field Engineering 400 1.04 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 4 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 02 3'Z INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Delays, Extensions, Liquidated Liquidated Damages Damages, Suspension Of Work, And 200 1.11 Termination Of Contract Liquidated Damages Amount Specific Conditions 150 1.08 List of Existing Non-Complying Work Inspection, Testing, and Sampling 350 1.10 Location of Work Specific Instructions to Bidders 100 1.03 Maintenance of Existing Plantings, Specific Conditions 150 1.24 Improvements, and Facilities Mandatory Meetings Progress Meetings 260 1.05 Manuals Submittals 330 1.12 Material List Submittals Submittals 330 1.14 Means and Methods Contractor's Responsibilities and Role 190 1.22 Measurement of Quantities Measurement of Quantities 380 All Minimum Benchmark, Line, Level, and Field Engineering 400 1.06 Lay-out Requirements Minimum Bidder Qualifications Specific Instructions to Bidders 100 1.05 Mobilization General Conditions 140 1.06 Modification of Bid General Instructions to Bidders 40 1.14 Negotiated Contract Change Orders Changes to the Contract 210 1.05 Delays, Extensions, Liquidated Notice of Delays Damages, Suspension Of Work, And 200 1.04 Termination Of Contract Notice to Record Sound, Video and/or General Conditions 140 1.22 Both Notification and Utility Location Existing Utilities 410 1.04 Determination Other Withholds Retention 230 1.10 Overtime Requirements Contractor's Responsibilities and Role 190 1.11 Owner's Quality Control Quality Control 340 1.08 Jwner's Right to Perform Work and to Rights, Representation, Responsibilities, 160 1.07 A ward Separate contracts and Role of the City as Owner Jwner-Fumished Materials General Conditions 140 1.16 Jwner's Representation Rights, Representation, Responsibilities, 160 1.05 and Role of the City as Owner Jwner's Right to Use or Occupy Prior to Rights, Representation, Responsibilities, 160 1.06 Substantial or Project Completion and Role of the City as Owner Jwner's Rights Rights, Representation, Responsibilities, 160 1.04 and Role of the City as Owner SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 5 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Owner's, Construction Manager's, and General Conditions 140 1.13 Architect's Right of Access To the Work flarking and Storage Areas Temporary Construction Facilities and 370 1.13 Construction Site Requirements Partial Payments Compensation and Payment 300 1.05 flartial Payments - Inclusion of Compensation and Payment 300 1.06 Materials on Hand Payment for Labor and Materials Contractor's Responsibilities and Role 190 1.28 Payment for Patents and Patent Contractor's Responsibilities and Role 190 1.26 Infringement Payment of Taxes Contractor's Responsibilities and Role 190 1.27 Penalty for Collusion General Conditions 140 1.07 ~ercentage of Work Required to be Specific Conditions 150 1.10 Performed by the Contractor Permit, Inspection, License, and Specific Conditions 150 1.13 Notification Requirements Pest Extermination Project Completion Procedures 390 1.06 Plans and Specifications to be Provided Specific Conditions 150 1.21 fostponement of Opening General Instructions to Bidders 40 1.07 fre-Bid Inquires Specific Instructions to Bidders 100 1.04 Pre-Bid Omissions, Discrepancies, General Instructions to Bidders 40 1.19 ~ll(i/or Misunderstandings frevailing Wage and Certified Payroll Specific Conditions 150 1.07 iRequirements frocedures Project Record Documents 270 1.03 Product Data Submittal Submittals 330 1.10 frogress Payment Requests Schedule of Values 290 1.07 frogress Related Meetings Progress Meetings 260 1.03 Project Errors, Omissions, General Conditions 140 1.04 Inconsistencies, and/or Discrepancies Project Office and Legal Address Contractor's Responsibilities and Role 190 1.03 flroject Schedule Specific Conditions 150 1.03 flroject Security, Fencing and Fire Temporary Construction Facilities and 370 1.08 Prevention Construction Site Requirements Project Sign Scope of Work 120 1.07 Project Specifications and Plans Specific Conditions 150 1.06 Protection and Restoration of Existing Temporary Construction Facilities and 370 1.07 Construction Site Requirements SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I . Index Page 6 of 10 PREPARED BY, AND US EO WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. '02 312 INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number llrotection During Quality Control Quality Control 340 1.09 ~ctivities Public Opening of Bids General Instructions to Bidders 40 1.08 Public Safety and Convenience Contractor's Responsibilities and Role 190 1.09 Purpose Construction Schedule 280 1.03 Quality Control Plan Requirements Quality Control 340 1.05 Records of Disputed Work Claims and Resolution of Claims 220 1.04 References Quality Control 340 1.03 Related Codes and Standards Inspection, Testing, and Sampling 350 1.03 Required Examination of all Contract General Instructions to Bidders 40 1.05 Documents :{.equired Inspection of the Site General Instructions to Bidders 40 1.06 :{.equirement for Builder's Risk Insurance Requirements 250 1.09 Insurance !Requirement for Commercial Business Insurance Requirements 250 1.07 ~uto Insurance ~equirement for Commercial General Insurance Requirements 250 1.05 /Liability Insurance ~equirement for General Liability Insurance Requirements 250 1.10 ~dditional Insured Endorsement Requirement for Public Liability and Insurance Requirements 250 1.06 Property Damage Insurance Requirement for Workers' Compensation and Employers' Liability Insurance Requirements 250 1.08 lnsurance Resolution of Claims Claims and Resolution of Claims 220 1.07 Review of Substitutions Substitutions 310 1.05 Review of the Schedule of Values Schedule of Values 290 1.08 ~eview Procedures Submittals 330 1.08 Right to Retain Imperfect Work General Conditions 140 1.19 Right to Withhold Amounts Retention 230 1.09 Rights and Remedies General Conditions 140 1.10 Safety and Protection of People and the Contractor's Responsibilities and Role 190 1.17 Site Safety Coordination Meetings Contractor's Responsibilities and Role 190 1.16 Safety Emergencies Contractor's Responsibilities and Role 190 1.19 Safety Program Contractor's Responsibilities and Role 190 1.14 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 7 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Safety Supervisor Contractor's Responsibilities and Role 190 1.15 ~afety Violations Contractor's Responsibilities and Role 190 1.20 ~ales, Use, and Other Taxes General Instructions to Bidders 40 1.21 ~ample Contract Sample Contract 130 All Sample Submittal Submittals 330 1.11 Sampling Inspection, Testing, and Sampling 350 1.08 Schedule Analysis Construction Schedule 280 1.16 Schedule of Values Preparation Schedule of Values 290 1.05 Guidelines Schedule of Values Revisions Schedule of Values 290 1.06 Scope of Payment Compensation and Payment 300 1.03 Scope of Work (Summary) Scope of Work 120 1.03 Scope of Work Includes All Addenda General Instructions to Bidders 40 1.18 ~CRRA Right-of-Entry Permit Specific Conditions 150 1.14 lRequirement ~hop Drawing Submittal Submittals 330 1.09 Site Visits by the Architect Architect's Responsibilities and Role 180 1.03 Social Security Act Contractor's Responsibilities and Role 190 1.30 Solid Waste Management And Solid Waste Management And 440 All Recycling Plan Recycling Plan Special Inspection and/or Testing Inspection, Testing, and Sampling 350 1.11 Storage of Materials Contractor's Responsibilities and Role 190 1.23 ~torm Water Pollution Prevention Plan Storm Water Pollution Prevention Plan 430 All ~ubcontractor's Role and Requirements Contractor's Responsibilities and Role 190 1.07 ~ubcontracts Specific Conditions 150 1.17 ~ubmission of Claims Costs Claims and Resolution of Claims 220 1.05 ~ubmittal of Construction Schedules and Construction Schedule 280 1.05 Schedule Analyses Submittal of the Contractor's Quality Quality Control 340 1.06 ~ontrol Plan ~ubmittal of the Schedule of Values Schedule of Values 290 1.03 ~ubmittal Procedures Submittals 330 1.06 ~ubmittal Review Architect's Responsibilities and Role 180 1.04 ~ubstantial Completion Project Completion Procedures 390 1.07 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I - Index Page 8 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 02 312 INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Substitution Costs Substitutions 310 1.06 Substitutions During Bidding General Instructions to Bidders 40 1.24 Successors and Assigns General Conditions 140 1.08 Suggestions to the Contractor General Conditions 140 1.14 Suspension of Payments Schedule of Values 290 1.09 Suspension of Payments Quality Control 340 1.10 Suspension of Progress Payments Construction Schedule 280 1.10 SWRCB Permit Requirement Specific Conditions 150 1.15 Temporary Construction Facilities Temporary Construction Facilities and 370 1.05 Construction Site Requirements ~emporary Protection, Enclosures, and Temporary Construction Facilities and 370 1.06 Barricades Construction Site Requirements Delays, Extensions, Liquidated remporary Suspension of Work Damages, Suspension Of Work, And 200 1.12 Termination Of Contract remporary Utilities Temporary Construction Facilities and 370 1.04 Construction Site Requirements rermination of Contract Delays, Extensions, Liquidated Damages, Suspension Of Work, And 200 1.13 Termination Of Contract rest Standards Inspection, Testing, and Sampling 350 1.07 resting Inspection, Testing, and Sampling 350 1.06 rime Extensions Delays, Extensions, Liquidated Damages, Suspension Of Wark, And 200 1.10 Termination Of Contract rime Extensions Construction Schedule 280 1.11 ~ime Impact Analysis Construction Schedule 280 1.13 ~iming of Submittals Submittals 330 1.05 ~iming of Substitution Submittals Substitutions 310 1.04 ~raffic and Pedestrian Travel Temporary Construction Facilities and 370 1.14 lRequirements Construction Site Requirements ~raffic Control Temporary Construction Facilities and 370 1.16 Construction Site Requirements Irransmittal Procedures Submittals 330 1.07 Delays, Extensions, Liquidated ~ype of Compensation Damages, Suspension Of Work, And 200 1.06 Termination Of Contract Irypes of Delays Delays, Extensions, Liquidated 200 1.03 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I . Index Page 9 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. INDEX FOR PART I Subsection Title Section Title Section Subsection Number Number Damages, Suspension Of Work, And Termination Of Contract ~nit Price Adjustments Due to Increased Changes to the Contract 210 1.07 ~r Decreased Ouantities ~nnoticed Defects General Conditions 140 1.18 ~tility Relocation and Rearrangement Existing Utilities 410 1.06 !waiver of Liens Contractor's Responsibilities and Role 190 1.29 !warranty of Title General Conditions 140 1.24 lWeather Conditions General Conditions 140 1.20 !weather Day Allowance Construction Schedule 280 1.12 IW eather Delay Days Specific Conditions 150 1.04 Delays, Extensions, Liquidated !weather Delay Days Damages, Suspension Of Work, And 200 1.07 Termination Of Contract !withdrawal of Bid After Bid Opening General Instructions to Bidders 40 1.16 !withdrawal of Bid Prior to Bid Opening General Instructions to Bidders 40 1.15 IW ork Prior to Issuance of Notice to Compensation and Payment 300 1.04 tproceed !work Under Other Contracts Scope of Work 120 1.04 IW orking Hours Specific Conditions 150 1.18 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO Part I . Index Page 10 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 02312 SECTION 00030 SPECIFIC DEFINITIONS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.04 Definitions 1.02 RELATED SECTIONS A. All Sections of Part I - Administration B. PART II - TECHNICAL SPECIFICATIONS PREPARED BY THE PROJECT ARCHITECT 1.03 GENERAL A. This Section contains a list of definitions to be used specifically with Part I - Administration. This Section is intended to be a ready reference for certain selected words only, and is not intended to be an all inclusive list of defined words for Part I of the Specifications nor for the entire Specification. B. Questions concerning any definitions during bidding shall be addressed in accordance with Subsection 1.04. Pre-Bid Inquires of Section 00100. Specific Instructions to Bidders. C. Questions concerning any of these definitions after A ward of Contract shall be addressed to the Construction Manager. D. The Construction Manager shall have full authority to clarify definitions of any words used in these Specifications. The Construction Manager's decision on definitions shall be final. E. Where terms, phrases, and words are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Encyclopedic Unabridged Dictionary o/the English Language, copyright 1996 shall be considered as providing ordinary accepted meanings. 1.04 DEFINITIONS A SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00030 . Specific Definitions.doc Page 1 of 7 Act of God is any cataclysmic phenomenon of nature, which could not have been anticipated from historical records of the general locality of the Project. Rain, windstorms, floods, and cyclones shall not be considered Acts of God. Addenda include all printed instruments issued prior to the Project Bid Opening Date, which amend, modify, or interpret the Project Contract Documents. Addendum is the singular of Addenda. Architect is any person or entity licensed in accordance with State Law to practice architecture, who prepared the Plans for the Project and/or provided other project related design or consulting services. The term Architect includes all representatives of the Architect, including, but not limited to, employees of the Architect, consultants to the Architect, and any other representatives designated by the Architect. A ward of Contract is the written notice from the Owner to the Contractor informing the Contractor that it is the successful low Bidder, and that the Contractor has been awarded the Contract. B Bid is the written offer or proposal from a prospective Bidder. Bid Opening Date is the date and time specified on a Notice Inviting Bids, as modified by addendum, that stipulates the date and time of the public Bid Opening. Bid Package consists of the Contract Documents made available to prospective contractors for bidding purposes prior to the Bid Opening Date. Bidder is a prospective, lawfully licensed contractor who is preparing to submit or did submit a Bid to perform work in accordance with a Notice Inviting Bids. C Calendar Day is any day of the year, and includes all holidays, Saturdays and Sundays, City (as in the City) shall mean the same as the Owner, except where specific reference is made to a specific City Department or Division, which has jurisdiction over some portion of the Work in a capacity other than as Owner. (See also Owner.) Construction Manager is any person or entity who represents the Owner in the enforcement of the administrative and technical provisions of the Contract Documents. Contract Change Order is a written order issued to the Contractor by the Construction Manager on behalf of the Owner for the purposes of directing changes in the Work for which a change in either or both the Contract Sum and/or Contract Time is warranted. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00030. Specific Definitions.doc Page 2 of 7 02 312 Contract Change Order Request is a written request from the Contractor to the Construction Manager, documented as required by these Specifications, to increase or decrease either or both the Contract Sum and/or the Contract Time, Contract Completion Date is the date specified in the Contract Documents upon which the Owner expects to accept the Project Work as being complete. Contract Documents shall include these Specifications, the Plans, any addenda, and any other paper or electronic documentation and/or information specifically identified by the Owner as part of this Project and part of the Contract Documents. The Contract Documents shall also include the Notice of Award, the Notice to Proceed, and any executed Contract Change Orders. Contract Scope of Work (See Project). Contract Sum (same as Contract Price) is the amount payable to the Contractor under the terms and conditions of the Contract Documents. Contract Time is the duration of time allowed by the Owner for the Contractor, under the terms and conditions of the Contract Documents, to complete the Project Work. Contract Time consists of the number of calendar days between the date of the Notice to Proceed and the date the Contract Completion Date, plus any Time Extensions, minus all Nonworking days. See the Project Schedule for specific date and time information. Contractor is any person or entity licensed in accordance with State Law to practice construction, and who was the successful Bidder, and who was awarded the Contract to perform the Project Work for the agreed Contract Sum. The term Contractor includes all representatives of the Contractor, including, but not limited to, employees of the Contractor, consultants to the Contractor, and any other representatives desigm:.ted by the Contractor. D Day, if used without specifying if it is "calendar" or "working", it shall mean "working day". E Extra Work is work, which is added to the Project by the Owner, or Construction Manager acting on behalf of the Owner, which was not identified as part of Contract Scope of Work prior to execution of the Contract. F SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00030 - Specific Definitions.doc Page 3 of 7 Favorable Review shall mean the acceptance and/or approval by the Construction Manager, the Architect, any consultant to the Architect, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and/or any other agencies having jurisdiction. Favorable Review is not achieved until all required entities have accepted or approved the Submittal. Field Directive is a written order issued by the Owner through the Construction Manager to the Contractor for the purposes of clarifying the scope or intent of the Work or for directing changes in the Work for which a change in Contract Sum is not warranted. Float (same as Total Float) as defined in CPM in construction. A Manual for General Contractors, published by the Associated General Contractor of America. Generally float shall mean the number of days from the late finish date to the early finish date of an activity. Force Account is the payment for work that is part of a change in the Contract Scope of Work which will be done on a time and expense basis; that is, on an accounting of the Contractor's forces, material, equipment, approved services, and other items of cost as required and used to do the associated work. H Holidays are the legal holidays designated by the Owner or specifically identified in the Contract Documents. I Informational Submittals are standard printed data, which show or otherwise describe a product or system, or some other portion of the work. L List of Deficiencies is a list prepared by the Owner, Construction Manager, or Architect acting on behalf of the Construction Manager of work which is missing, incomplete, or otherwise not in conformance with the Contract Documents. N NIC identifies the portions of the Project that are not to be furnished, installed or performed by the Contractor. The term shall mean "Not in this Contract" or "Not a Part of the Work to be performed by the Contractor" except that coordination of certain NIC items specified shall be the Contractor's responsibility. NIC construction is indicated and specified herein as an aid to the Contractor in scheduling the amount of time and materials necessary for the completion of the Contract. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00030 - Specific Definitions.doc Page 4 of 7 02 312' Nonworking Day is the remaining calendar days of the year not defined as Work Days. Notice to Proceed is the written notice from the Owner to the Contractor directing the Contractor to proceed with the Project Work, and which establishes the Start Date for the Project. o Omitted Work is work deducted from the Contract Documents by the Owner, or Construction Manager acting on behalf of the Owner, as part of a Field Directive or Contract Change Order. Owner is the person or entity identified in the Contract Documents for whom the work is to be performed. (See also City.) Owner's Representative is any person or entity, other than the Construction Manager, who has been designated in writing by the Owner to act in the capacity of the Owner in matters relating to enforcement of the Contract Documents. P Plans (same as drawings) are the printed representations of the Work included within the Contract Documents, and which include, but are not limited to, the presentation of the following types of information: Project scope, location, character, dimension, profile, elevation, section, and detail. Product Data Submittals are standard printed data, which show or otherwise describe a product or system, or some other portion ofthe work. Project shall be that construction which is described in the Contract Documents, especially the Scope of Work Section of these Specifications, and shall specifically include all ancillary tasks necessary, but not specifically defined, to complete the Scope of Work and to comply with all requirements of the Contract Documents, (See also Work.) Project Architect (See Architect). Project Record Documents are a complete set of Specifications, Plans, any addendum, and any other Contract Documents obtained from the Owner after Award of Contract to be maintained by the Contractor during construction for the sole purposes of documenting existing and new utility conditions and any other deviations or revisions of the Work from the Bid Contract Documents. Project Site is the location of the Project described in the Contract Documents. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00030 - Specific Definitions.doc Page 5 of 7 S Samples are actual examples of the products or work to be installed. Scope of Work (See Project). Shall indicates a mandatory requirement. Shop Drawings are original drawings prepared by Contractor, subcontractor, supplier, or distributor, which illustrate some portion of work by showing fabrication, layout, setting, or erection details. Shop drawings also include: I. Product data specifically prepared for this project 2. Shop or plant inspection and test reports, when made on specific materials, products or systems to be used in the work. Site (Same as Project Site). Specifications are the part of the Contract Documents, which provide the written administrative and technical requirements of the Project. Subcontractor is any person or entity who has a direct contract with the Contractor to perform any of the Project Work. Submittals shall include, but not be limited to Shop Drawings, Information Submittals, Product Data Submittals, Schematic Drawings, Catalog Sheets, Brochures, Diagrams, Schedules, Performance Charts, Illustrations, Samples, Manuals, Certificates, Material Lists, Color Schedules, and Finish Hardware Lists. The term "Submittal" shall also include any item that is required by these Specifications to be reviewed and approved by the Construction Manager, the Architect, or any regulatory agency. Substantial Completion is the stage in the progress of the Project Work where the Work is sufficiently complete and has been prosecuted in accordance with the Contract Documents to the point where the Owner can occupy or use the Work for the Owner's intended purposes. Supplier is any person or entity who supplies materials or equipment for the Project Work. Surety is any person or entity that joins with the Contractor to assume liability by issuing Bonds for the faithful performance of the Project Work and for the payment of all obligations pertaining to the Project Work in accordance with the Contract Documents or as prescribed by Law. T Total Float (See Float) SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERM'SSION OF. TRANSTECH ENGINEERS. INC. 00030 . Specific Definitions.doc Page 6 of 7 02312 W Work is all efforts and tasks employed by the Contractor, or any of its subcontractors at any tier, or any manufacturer, supplier, installer, etc. to accomplish the Project described in the Contract Documents. Work shall specifically include, but not be limited to, all materials, labor, services, and equipment necessary to execute, complete and fulfill the Project described in the Contract Documents. (See also Project.) Working Day is any day, other than Saturdays, Sundays and days defined as Holidays in the Contract Documents on which the Contractor may prosecute Work in accordance with the Contract Documents. Where equivalency is required, a Working Day may be considered the same as 1.45 Calendar Days. Unless stated otherwise, the term "working day" shall include the full day. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00030 - Specific Definitions.doc Page 7 of 7 '() 2 3 1 2 SECTION 00040 GENERAL INSTRUCTIONS TO BIDDERS 1.01 SECTION INCLUDES A. 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25. Related Sections General Proposal Requirements Bid Guarantee Required Examination of Contract Documents Required Inspection of the Site Postponement of Opening Public Opening of Bids City Rejection of Bids Execution of Contract Bidder's Signature and Authority Erasures and Corrections Bid Irregularities Modification of Bid Withdrawal of Bids Prior to Bid Opening Withdrawal of Bids After Bid Opening Disqualification of Bidders Scope of Work Includes All Addenda Pre-Bid Omissions, Discrepancies, and/or Misunderstandings Contractor's License Law Sales, Use, and Other Taxes Legal Responsibilities Contract Bonds Substitutions During Bidding Assignment of Antitrust Actions 1.02 RELATED SECTIONS A. Section 00040 General Instructions to Bidders B. Section 00110 Bid Proposal C. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL PROPOSAL REQUIREMENTS A. Bids shall be submitted in writing on the forms provided in the Jjid Proposal Section of these Specifications, and must be submitted at the time and place stated in the Notice Inviting Sealed Bids. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00040 - General Instructions to Bidders Page 1 of 9 B. All forms must be completed and included with the Bid package. All blanks on the Bid Proposal must be appropriately filled in, either in ink or typed, and all prices must be stated in figures: Bids will not be accepted if submitted with pencil entries on any of the Bid Proposal forms. C. All information requested therein must be clearly and legibly set forth in the manner and form indicated. D. The City will not consider any proposal not meeting these requirer. .?nts. E. Bidders shall sign their names as indicated on each Bid form in the space provided. 1.04 BID GUARANTEE A. Proposals must be accompanied by a proposal guarantee consisting of a Bid bond payable to the City in an amount not less than ten percent (10%) of the total Bid amount. Any proposal not accompanied by such a guarantee will not be considered. B. If a Bidder's proposal is accepted for Award, and the Bidder fails to enter into a contract in the manner and time prescribed in the Project Documents, the Bidder SHALL forfeit to the City the guarantee accompanying its proposal. C. If a Bidder is awarded the Contract, and fails to execute the required Contract and/or fails to file the necessary Bonds and Insurance Certificates within ten (10) working days after the date of the City's Notice of Award, the Bidder SHALL forfeit to the City the guarantee accompanying its proposal. D. The proposal guarantees of all bidders will be held until the successful Bidder has properly executed all Contract Documents. 1.05 REQUIRED EXAMINATION OF ALL CONTACT DOCUMENTS A. Before submitting a Proposal, each Bidder shall thoroughly examine and be familiar with the Specifications, Plans, any addenda, or any other Contract Documents. The submission of a Bid shall constitute an acknowledgment upon which the Owner may rely that the Bidder has thoroughly examined and is familiar with all the Contract Documents. B. The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve that Bidder from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents. C. The Bidder shall not be allowed any extra cvmpensation by reason of any matter or thing, concerning that which such the Bidder might have fully informed himself prior to the bidding. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATiON CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00040 - General Instructions to Bidders Page 2 of 9 02 312 D. No Bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. 1.06 REQUIRED INSPECTION OF THE SITE A. Bidders are required to inspect the site of the work to satisfy themselves by personal examination, or by such other means as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of, and at, the site of the work. B. If, during the course of examination, a Bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder may apply in writing to the individual identified in the Pre-Bid Inquires Subsection of the Specific Instructions to Bidders Section of these Specifications in accordance with the timing specified in the Proiect Schedule Subsection of the Specific Conditions Section of these Specifications for additional information and explanation before submitting its Bid. C. Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of the following: 1. The site of the work. 2. Access to the site. 3. All other data and matters requisite to the fulfillment of the work. 4. The Bidder's own knowledge of existing facilities on and in the vicinity of the site of the work under the Contract. 5. The conditions to be encountered. 6. The character, quality, scope and complexity of the proposed work. 7. The quality and quantity of the materials to be furnished. 8. The requirements of the Specifications, Plans, any addenda, or any other Contract Documents. D. The information provided by the Owner is not intended to be a substitute for, or a supplement to the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder. 1.07 POSTPONEMENT OF OPENING A. The Owner reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice Inviting Bids. Postponement notices shall be mailed to planholders of record in the form of addenda. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00040 . General Instructions to Bidders Page 3 of 9 1.08 PUBLIC OPENING OF BIDS A. All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Notice Inviting Bids. Bidders, their representatives, and other interested persons may be present at the opening and reading of bids. B. Any bids received after the time for receiving and opening bids as set forth in the Notice Inviting Bids, or as postponed by addendum, will be considered non-responsive, SHALL not be opened and SHALL be returned unopened to the Bidder. C. The public reading of each Bid will include at least the following: 1. Name and address of Bidder. 2. The total amount of Bid. 3. The nature and amount of the security furnished with the Bid. 1.09 CITY REJECTION OF BIDS A. The Owner reserves the right to reject any or all bids, to waive any irregularities in the bids, and to determine whether the Bidder has established to the satisfaction of the Owner previous experience and qualifications for the type of work involved in this project. 1,10 EXECUTION OF CONTRACT A. Any contract entered into pursuant to the Notice Inviting Sealed Bids and the Project Documents shall become effective or enforceable against the City only when the final written contract has been duly executed by the appropriate officers of the City. 1.11 BIDDER'S SIGNATURE AND AUTHORITY A. If the Bid is made by an individual, his/her name, signature, and post office address must be shown. B. If made by a firm or partnership, the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown. C. If made by a corporation, the Bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. D. If the Bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer signing the Bid to execute contracts on behalf of the corporation. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00040 - General Instructions to Bidders Page 4 of 9 .. - '0 2 3 1 2 E. If the Bid is made by a joint venture, the Bid shall be signed by a representative of one of the joint venture firms. Additionally, the Bid shall include a copy of the Resolution or Agreement empowering the representative to execute the Bid and bind the joint venture. 1.12 ERASURES AND CORRECTIONS A. The Bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons submitting the Bid. No initials will be permitted. 1.13 BID IRREGULARITIES A. Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. C. No oral, telegraphic, or telephonic proposal, modification, or withdrawal information will be considered. 1.14 MODIFICATION OF BID A. On written request filed with the Owner, a Bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the Bidder, or its authorized representative, in accordance with Subsection I,ll. Bidder's Signature and Authority above. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original Bid. B. Withdrawal of a Bid does not prejudice a Bidder's right to submit a new Bid within the time designated for the submission of bids. C. No Bid may be withdrawn after the time established for receiving bids except as provided for in Subsection 1.16 Withdrawal of Bids After Bid Opening below. 1.15 WiTHDRAWAL OF BID PRIOR TO BID OPENING A. A proposal may be withdrawn by a written request signed by the Bidder. B. A Bidder desiring to withdraw its Bid shall give written notice to the Owner prior to the Bid opening hour stipulated in the Notice Inviting Sealed Bids. C. Proposals may not be withdrawn after the Bid opening hour stipulated in the Notice (nvitin!!: Sealed Bids without forfeiture of the Bidder's Proposal Guarantee. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00040 - General Instructions to Bidders Page 5 of 9 , ' D. In accordance with Public Contract Code 5103, within five days after the opening of bids, a Bidder may withdraw its Bid providing the Bidder can establish to the Owner's satisfaction that a mistake was made in preparing the Bid. E. A Bidder desiring to withdraw shall give written notice to the Owner, specifying, in detail, how the mistake occurred and how the mistake made the Bid materially different than it was intended to be. F. Withdrawal will not be permitted for mistakes resulting from errors in judgement or carelessness in inspecting the site of the work or in reading the Contract Documents. G. The withdrawal of a proposal will not prejudice the right of the Bidder to submit a new proposal, providing there is time to do so. 1.16 WITHDRAWAL OF BID AFTER BID OPENING A. No Bidder may withdraw its bid for a period of ninety (90) calendar days after the date set for the opening of bids. I. I 7 DISQUALIFICA nON OF BIDDERS A. In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 1.18 SCOPE OF WORK INCLUDES ALL ADDENDA A. Addenda issued during the time of bidding shall become a part of the documents furnished to all bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the contract. B. Each Bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period, Failure to so acknowledge may result in the Bid being rejected as not responsive. C. Failure of any Bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00040 - General Instructions to Bidders Page 6 of9 02312 1.19 PRE-BID OMISSIONS, DISCREPANCIES, AND/OR MISUNDERSTANDINGS A. Any errors, omissions, ambiguities, inconsistencies, or discrepancies found in the Plans, Specifications, any Addenda, or other Contract Documents shall be called to the attention of the City's designated representative identified in Subsection 1.04 Pre-Bid Inquires of Section 00 I 00 Specific Instructions to Bidders. B. Should a Bidder be in doubt as to their meaning or intent of any provision of the Contract Documents, the Bidder shall notify the City's designated representative in Subsection 1.04 Pre-Bid Inquires of Section 00100 Specific Instructions to Bidders. C. Issues requiring clarification will be addressed in a written addendum response, sent by FAX to each Bidder, person or firm recorded by the City as a potential Bidder. 1.20 CONTRACTOR'S LICENSE LAW A. The successful Bidder shall comply with and require all subcontractors to comply with all Federal, State and City Contractor License Laws and be duly Registered and Licensed thereunder as required. 1.21 SALES, USE, AND OTHER TAXES A. Bid prices shall include allowance for all federal, state and local taxes. B. No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all Bid amounts will be deemed and held to include any such taxes which may be applicable. C. The successful Bidder agrees to comply with and to require all of its subcontractors to comply with all the provisions of applicable state sales excise tax law and compensation use tax law and all amendments to same. The successful Bidder further agrees to indemnify and hold harmless the City of and from any and all claims and demands made against the City by virtue of the failure of the Contractor or any Subcontractors to comply with the provisions of any or all said laws and amendments. 1.22 LEGAL RESPONSIDILITIES A. All proposals must be submitted, filed and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other Contract Documents, and to full compliance therewith. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00040 - General Instructions to Bidders Page 7 of 9 1.23 CONTRACT BONDS A. The successful Bidder is required to obtain and maintain at its cost Faithful Performance and Material and Labor Payment bonds in accordance with these Specifications and as stated in Section 2-4 Contract Bonds. of the latest edition of the Standard Soecifications For Public Works Construction ("Greenbook"). B. These bonds shall cover the faithful performance (100%) of the Project Contract, and the material and labor payment of all obligations (100%) arising thereunder, in such form as the City may prescribe, and with such sureties as the City may approve. C. The successful Bidder shall require the attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his Power of Attorney indicating the monetary limit of such power. D. The City reserves the right to reject any proposed bonding company without stating cause. In this event, the successful Bidder shall provide an alternate bonding company whose selection is acceptable to the City. E. Bonds shall conform to California State Statutes regarding Faithful Performance bonding and Labor and Material Payment bonding. The surety company shall be licensed to do business in the State of California, and shall be acceptable to the City. F. Bond amounts shall be increased to include any Contract Change Orders added to the Contract to 100% total value amount of each Contract Change Order. Bonds will be recorded along with a copy of the Project Contract in the Office of the County Registrar/Recorder by the General Contractor with written proof submitted to the Construction Manager. 1.24 SUBSTITUTIONS DURING BIDDING A. The Contractor may, at its own risk, include alternatives in its bid for materials and/or equipment specified in the Contract Documents. Inclusion of said alternatives should only be considered if the Contractor is certain that such alternatives will be approved in accordance with Section 00310 Substitutions after A ward of Contract. B. A ward of Contract to Bidder using alternative during Bidding shall not be construed as an approval by the Owner to use such alternative. In the event that any alternative does not meet the specified product criteria, whether considered prior to or after the Bid Opening, the Contractor shall provide the product specified in the Contract Documents for the amount Bid (Contract Sum). SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATiON CiTY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00040 - General Instructions to Bidders Page 80f9 .. - 02 312 1.25. ASSIGNMENT OF ANTITRUST ACTIONS A. As provided by Section 4552, et. seq., of the California Government Code, in submitting a Bid to the Owner, the Bidder, if successful in being awarded the Contract, offers and agrees it will assign to the Owner all rights, title, and interest in and to all causes of action the Bidder may have under Section 4 of the Clayton Act (IS U.S.C. Section IS) or under the Cartwright Act (Chapter 2 [commencing with Section 167001 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the Owner pursuant to the Bid. B. This assignment shall be made and become effective at the time the Owner tenders final payment to the Bidder. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00040 - General Instructions to Bidders Page 9 of 9 o 2 312 SECTION 00100 SPECIFIC INSTRUCTIONS TO BIDDERS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Location of Work 1.04 Pre-Bid Inquires 1.05 Minimum Bidder Qualifications 1.06 Federal Lobbying Restrictions 1.07 Disadvantaged Business Enterprise (DBE) Requirements 1.08 Delivery of Proposal 1.09 Additive Alternate Bid Items 1.10 Bid Allowances 1.02 RELATED SECTIONS A. Section 00040 General Instructions to Bidders B. Section 00110 Bid Forms C. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 LOCATION OF WORK A. The exact location of the project is outlined in the Specifications, the Plans, any addenda, and any other information identified as being part of the Contract Documents, The general location and limits of the work are as shown on the plans. 1.04 PRE-BID INQUIRES A. No ORAL representations or interpretations will be made to any Bidder as to the meaning of the Specifications, Plans, any addenda, or other Contract Documents. Written requests for an interpretation, or to identify a potential omission, discrepancy, or misunderstanding will be accepted until the date specified in Subsection 1.03, Proiect Schedule of Section 00150, Specific Conditions. B. The Contractor's attention is also called to Subsection 1.19, Pre-Bid Omissions, Discrepancies, and/or Misunderstandings of Section 00090, General Instructions to Bidders. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATiON CITY OF SAN BERNARDINO PREPARED BY, ANO USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00100 - Specific Instuctions To Bidders Page 1 of 3 C. If there are any questions regarding this project, please contact the City's authorized Construction Manager: Transtech Engineers, Inc. 198 N. Arrowhead Avenue, Suite 1 San Bernardino, CA 92408 Attention: Craig Melicher, PE, Construction Manager Tel: (909) 383-8579, Ext. 150 Fax: (909) 595-8863 E-mail: craigla)transteche.com 1.05 MINIMUM BIDDER QUALIFICATION A. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent and inherent historic conditions of the work to be performed. The Bidder understands that the project elements involving the historic rehabilitation are to be considered by the Owner in awarding the contract. Bidder further acknowledges that there are certain peculiar and inherent historical conditions existent in the construction of the existing building. Bidder acknowledges that it is aware of such historic characteristics and that it has the skill and experience to foresee and to adopt measures to adequately and safely perform the work described in the Contract Documents. B. The City will verify all listed references in Section 110, Bid Proposal, and shall determine in its sole discretion whether Bidder's experience and qualifications on prior projects are of similar type, complexity, and contract price. 1.06 FEDERAL LOBBYING RESTRICTIONS A. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in Section 00110. Bid Proposal. A "Disclosure of Lobbvinl! Activities", (Standard Form - LLL) with instructions for completion of the Standard Form is also included in the Section 00110. Bid Proposal. Signing the Proposal shall constitute signature of the Certification. D. See Appendix A-Federal Requirements for additional information. 1.07 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS A. This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." The City of San Bernardino has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00100 - Specific Instuctions To Bidders Page 2 of 3 02 3i2 Disadvantaged Business Enterprise (DBE): 13 percent B. The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so, Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. C. See Appendix A for additional information. 1.08 DELIVERY OF PROPOSAL A. Proposals shall be delivered as described in the Notice Inviting Sealed Bids. B. Proposals shall be enclosed in a sealed envelope plainly marked on the outside "BID FOR SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION; DO NOT OPEN WITH REGULAR MAIL." C. Bids must be accompanied by a Bid Guaranty in an amount not less than ten percent (10%) of the total bid dollar amount. D. Proposals may be mailed or delivered by messenger; however, it is the Bidder's sole responsibility to ensure delivery of the proposal to the required address prior to the stipulated time for the public Bid opening. 1.09 ADDITIVE ALTERNATE BID ITEMS A. As provided in the Bid Proposal. 1.10 BID ALLOWANCES A. NONE END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00100 - Specific Instuctions To Bidders Page 3 of 3 .. 02 312 SECTION 00110 BID PROPOSAL (REVISED PER ADDENDUM #1) FOR SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION BIDDERS SHALL SUBMIT ENTIRE SECTION 001 10 AS THEIR BID TO THE CITY. FAILURE TO DO SO WILL RESULT IN BID BEING NON-RESPONSIVE. A COMPLETE SEPARATE COPY OF SECTION 00110 - BID PROPOSAL IS PROVIDED FOR BIDDERS CONVENIENCE BID SUBMITTED BY: COMPANY NAME: AUTHORIZED CONTACT PERSON SOLPAC, INC. dba Soltek pacific COMPANY STREET ADDRESS Ste hen W. TITLE 2424 Con ress CITY San Diego ZIP CODE 92110 President PHONE NUMBER (619)296-6247 FAX NUMBER (619) 296-4314 BASE BID Description of Bid Item Quantity Unit Price Total Price Scope of Wark per Subsection 1.03 of Section 00120 Scope of Work. (This Bid Item excludes Roof Repair Work listed below, and the Additive Alternate Bid Items listed on Pages 3 through 4). I LS $>t,g/P2; (}()e) $ SJ~b2, OtJo Roof Repair Work: Remove and replace existing concrete roof tile as directed by the Construction Manager (This unit price shall assume using existing roof deck as is). 2,000 SF $ 7.00 $ 11/ ()()(). .,,-~ Roof Repair Work: Remove and replace existing concrete roof tile as directed by the Construction Manager (This unit price shall assume replacing existing roof deck with %" plywood sheeting). 2,000 SF $ 10.00 $ 80} 00{). , TOTAL AMOUNT OF BASE BID IN NUMBERS: TOTAL AMOUNT OF BASE BID IN WRITING: ~1l1i(\ bol $ Determination of the lowest bid will be based on the above total amount of Base Bid. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00110 - Bid Proposal (Addendum #1).doc Page 1 of 26 " - .. 02 3'~ ADDITIVE ALTERNATE BIDS Bidder shall provide Bid Prices for all Additive Alternate Bids. Failure to provide Bid Prices for all Additive Alternate Bids shall render the bid non responsive. Additive Alternate Bids shall not be included in the BASE BID Price on Page 1. The City, at its discretion and/or if the budget allows, may add any Additive Alternate Bids to the Contract at the time the contract is awarded or within 8 months of the Notice to Proceed of the Contract at the same bid prices indicated below. Additive Alternate Bid No.1: East Parking Lot. All improvements relating to the East Parking Lot from the face of the east arcade between the tracks and Third Street right-of-ways except for the mechanical enclosure and utilities. Included in this alternate is concrete paving and curbs, brick paving, parking lot striping, the landscaped area along the tracks, the citrus trees along the arcade, all landscaping and irrigation outside of the Third Street right-of-way, and site lighting in this area. Total Amount in Numbers for Additive Alternate Bid No.1 $ "02-~ J 000 Total Amount in Writing for Additive Alternate Bid No. l:jhre.t, \tw1dre& .t\Ale(t~ S ~ 1tl~ US l,rJ Additive Alternate Bid No. 2: Third Street Improvements. All street improvements on Third Street. Included in this alternate are all curb and sidewalk improvements, street lighting modifications, landscape, irrigation, and signage in the Third Street right-of-way. This alternate will not include work related to connection to utilities, which will be included in the base bid. Total Amount in Numbers for Additive Alternate Bid No.2 $ IOlP,oOO Total Amount in Writing for Additive Alternate Bid No.2: OI\e \-w'~dred SVG 1ttbWi1rt/ ~11t1 rs Additive Alternate Bid No.3: Landscaping & Irrigation. All landscaping, except the historic vines immediately adjacent to the building, will be in this additive alternate bid item. This alternate bid includes the Palm Garden, the Cloister Garden, and the landscaping and irrigation outside of the Third Street right-of-way, but does not include items in alternate bid No.1: East Parking Lot. Total Amount in Numbers for Additive Alternate Bid No.3 \ \ 0 j 000 Total Amount in Writing for Additive Alternate Bid No.3: One .\lliY1ttred .,.en 'iho~sahd 0011 trs SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00110 . Bid Proposal (Addendum #1 ).doc Page 3 of 26 ~Ila~ '" ... 02 312 " t.~" ADDITIVE ALTERNATE BIDS Bidder shall provide Bid Prices for all Additive Alternate Bids. Failure to provide Bid Prices for all Additive Alternate Bids shall render the bid non responsive. Additive Alternate Bids shall not be included in the BASE BID Price on Page I. The City, at its discretion and/or if the budget allows, may add any Additive Alternate Bids to the Contract at the time the contract is awarded or within 8 months of the Notice to Proceed of the Contract at the same bid prices indicated below. Additive Alternate Bid No.4: Temporary Facilities. All work shown on drawing sheets AD.I and E 1.4 shall be considered additive alternate bid. This includes the locating, anchorage, and hook-up of the Amtrak Trailer, storage units, temporary utilities, ramps and elevated walkway for the trailers, temporary paving and lighting. This also includes the leases associated with all trailers and storage units. Total Amount in Numbers for Additive Alternate Bid No.4 $ /'75} 000 'tt11l rJ~/If(f. Total Amount in Writing for Additive Alternate Bid No.4: One ffulldtced Sevr!f!ly Five -rho Additive Alternate Bid No.5: Amtrak Tenant Improvements. Upgrading of finishes in the Amtrak office and baggage areas, glazing of the ticket counter, the new baggage handling window, lighting and power and data improvements are additive alternate bid items. The repair of the ceramic tile in the office will be included in the base bid. Total Amount in Numbers for Additive Alternate Bid No.5 1L/7,o{X) Total Amount in Writing for Additive Alternate Bid No.5: // p~((afs Additive Alternate Bid No.6: Metrolink Tenant Improvements. All new walls and finishes, power, lighting, and data (including the locker and toilet rooms) in the Metrolink Tenant area are additive alternate items. Total Amount in Numbers for Additive Alternate Bid No.6 $ b12, 000 Total Amount in Writing for Additive Alternate Bid No.6: n \It HUM rtc. 't,,~f,~ ./he usa I pJ I ktr.s Additive Alternate Bid No.7: One (1) Skylite over the breeze way between the main building and annex. Total Amount in Writing for Additive Alternate Bid No.7: uS ceo I~ I tl\l e 1\rICN.~hd \Ar~ Total Amount in Numbers for Additive Alternate Bid No.7 Additive Alternate Bid No.8: Remove and replace the concrete sub-slab in the Banquet and Amtrak Baggage areas with new concrete. Total Amount in Writing for Additive Alternate Bid No.8: $ t?0, 000 DO\ \a rs Total Amount in Numbers for Additive Alternate Bid No.8 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal (Addendum #1).doc Page 4 of 26 ~ -=-_,-=,~--'==-=~.-=---==i~, .. 02312 ADDITIVE AL TERNA TE BIDS Bidder shall provide Bid Prices for all Additive Alternate Bids. Failure to provide Bid Prices for all Additive Alternate Bids shall render the bid non responsive. Additive Alternate Bids shall not be included in the BASE BID Price on Page I. The City, at its discretion and/or if the budget allows, may add any Additive Alternate Bids to the Contract at the time the contract is awarded or within 8 months of the Notice to Proceed of the Contract at the same bid prices indicated below. Additive Alternate Bid No.9: City established budget for any unknown hazardous materials and/or lead paint abatement, if any discovered. $400,000 Total Amount in Numbers for Additive Alternate Bid No.9 Total Amount in Writing for Additive Alternate Bid No.9: FOUR-HUl'mRED THOUSAND DOLLARS 00 CENTS Additive Alternate Bid No. 10: City established budget for additional Tenant Improvements not included in current scope of work shown on the bid and contract documents. $250,000 Total Amount in Numbers for Additive Alternate Bid No. 10 Total Amount in Writing for Additive Alternate Bid No. 10: TWO-HUNDRED FIFTY THOUSAND DOLLARS 00 CENTS All bid prices are assumed to include all necessary work, materials, equipment, incidentals, and any and all other costs to complete the project per plans, specifications and all applicable codes. Within three (3) working day of being notified by the City as the lowest bidder, the bidder shall submit a schedule of values of its Base and Additive Alternate Bids. The schedule of values shall comply with Subsection 1.05, Schedule of Values Preparation Guidelines of Section 00290, Schedule of Values. The City will evaluate the schedule of values, and may require additional information. This shall be in addition to the requirements of Section 00290, Schedule of Values. BIDDER declares that this proposal is based upon careful examination of the work site, Bid and Contract Documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of SAN BERNARDINO of the guarantee accompanying this Bid Proposal. In the case of discrepancies in the Bid Proposal amounts, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the Contract per the Subsection 1.03, Project Schedule of Section 00150, Specific Conditions the proceeds of the security accompanying this bid shall become the property of the City of SAN BERNARDINO and this bid and the acceptance hereof may, at the option of the City of SAN BERNARDINO, be considered null and void. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00110 - Bid Proposal (Addendum #1 ).doc Page 5 of 26 Q2 312 DESIGNATION OF SUBCONTRACTORS The prime contractor is required to perform, with its own organization, contract work amounting to at least 25% percent of the contract price. The bidder shall list below, for Base Bid only, all subcontractors, suppliers, vendors, etc. that will perform certain portions of the work with a dollar value of in excess of one-half of one percent of the Base Bid. If the City decides to add any ofthe Additive Alternate Bids to the work, after the selection of the lowest responsible bidder based on the Base Bid, the selected contractor shall submit an updated list for the entire contract amount. The selected contractor shall perform, with its own organization, contract work amounting to at least 25% percent of the total final contract amount. Subcontract DBE, WBE, DVBE (if Name of Firm Work to be performed Value yes, indicate which one) I fu'\- (j)({Y ~annworK S\.\i-r \)CfY)o $ \ l5, 000 \Je€ , $ 1'( \'01'1 !>~!lL!'llt P!'l.iH~W"i '?o.\len $ (oll1 J 202- $ I \~'\J'(W\ \ fl~ \'\ Landscape $ qo, lc2(p U $ - '1rebar 9.W"f $ $ SOJIOO\fdv\ Concrete \0'3 i 2>lb $ $ D\ OOY\() 010 naouury Svl/f ty\a Sbf\(11 $ L.\-8j (0'50 $ ..... .r...... N\^",~'n 1.11 Ie: "r"~ -.Sot' " ')~...\ $ .-ftt 01' 000 SI. _ dIl '~II(j[J 'I~ ~I 'Rct\/)(l^-lls Stn,.\Ctnr YRI S'r-ee I $ '?~2-,~OO LYehiteet~~~~ $ WQsth:grk $ .J.,~ulc1L':'Ml Su.),( $ $ S~De(\D'( Roofing $ qOt 000 , SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00110 - Bid Proposal (Addendum #1).doc Page 6 of 26 .~~~-.".~....-" ~ ..__.,:";-.~-=-,,,-_. -:=:--'>.~-~-- ._~:-~ --:'_~~.~;..-:-~-- 02 312 The prime contractor is required to perform, with its own organization, contract work amounting to at least 25% percent of the contract price. The bidder shall list below, for Base Bid only, all subcontractors, suppliers, vendors, etc. that will perform certain portions of the work with a dollar value of in excess of one-half of one percent of the Base Bid. If the City decides to add any of the Additive Alternate Bids to the work, after the selection of the lowest responsible bidder based on the Base Bid, the selected contractor shall submit an updated list for the entire contract amount. The selected contractor shall perform, with its own organization, contract work amounting to at least 25% percent of the total final contract amount. Subcontract DBE, WBE, DVBE (if Name of Firm Work to be performed Value yes, indicate which one) vJeAl7S Sheet Metal /22-,1'72- $ $ n, ..:...-.'" SV-tl $ 'R\C~ '\>r,-,\ V\l (}.. \ I ?\D6f{( lc~p ~ lCcrd $ ?IIJ07{P .C) II '- r_ ,,.I I n J ~ ~.~ 3>\t'il" f\\i\.\V Ic,llV\ V\ r.Laster I ~{LlV [)lXUQ' $ 'V/VI U!7:J ". OJ y~M.1II Rn:1T....d- svrr $ $ r. I, Tile 814-1 lPUv _s,;tJr -1..../ r $ RC, r,'U $ 2$/ or)O / \ \.<,f\\ lOll" Flooring ~ -- StJJT \JV\ \ '\V~ --, $ I\,OD~ A (row '-r\ OO( \ (\ t\ $ ~1lf , ~30 ...... .. Painting 1...-/ ;240,42-D Dt; ~\'W\ $ $ .ILD\~.6 Elevator $ '6~, 000 $ \ lkS f\(.e; Fire Sprinklers $ \'(,;,1.\-00 $ ('/0 m Site Utilities If1Utn~~f $ 6't.- J bOO " -'-' _ C\v\lT . $ $ SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal (Addendum #1).doc Page 7 of 26 ,.-~.,...."""",--- ~.'-:-_~_."~--:-::~"'"'-~:~--,:_~-~~--- -.,..,..~"':::-=::-:~_--:::::--~.~~"'~.~.~~~;-=- ':'_"-=:;:-:"". -'~:=o:.~::~'i=-.1;:;~o.;:....._:-~;>j:,---:~, ~---- - -'-- ". 02 312 The prime contractor is required to perform, with its own organization, contract work amounting to at least 25% percent of the contract price. The bidder shall list below, for Base Bid only, all subcontractors, suppliers, vendors, etc. that will perform certain portions of the work with a dollar value of in excess of one-half of one percent of the Base Bid. If the City decides to add any of the Additive Alternate Bids to the work, after the selection of the lowest responsible bidder based on the Base Bid, the selected contractor shall submit an updated list for the entire contract amount. The selected contractor shall perform, with its own organization, contract work amounting to at least 25% percent of the total final contract amount. Subcontract DBE, WBE, DVBE (if Name of Firm Work to be performed Value yes, indicate which one) r^(c..dcd1n~1 fur HVAC i I 0(11, ODD $ J $ 1(\ (,/~tu Electrical \ I 32Lf . 000 $ 'J ~ $ $ $ $ $ $ $ $ $ $ $ $ $ SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal (Addendum #1).doc Page 8 of 26 ;c_'_.-.~~-:;:~c;;'----:.::.,...." ~"~~ -':-~_~_-'-"___ - -...::;::----:f~..::~~ - . ~ ...: ~~':~"-~-:'.._-----_. .~;~:..:,-:.~'O::;::_~~~:~-;~::::~;:i;_'.':.__-;;...~- " 02 312 LOCAL AGENCY BIDDER - DBE - INFORMATION Disadvantaged Business Enterprise (DBE) goal for this project is 13 percent. The bidder shall complete the DBE Information form below for Base Bid only If the City decides to add any of the Additive Alternate Bids to the work, after the selection of the lowest responsible bidder based on the Base Bid, the selected contractor shall submit an updated DBE Information form for the entire contract amount. The selected contractor shall meet the 13 percent DBE goal for the total final contract amount CO.-RTE.-K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: June 27, 2002 BIDDER'S NAME: SOLPAC, INC. dba Soltek Pantle DBE GOAL FROM CONTRACT: 13% DBE PRIME CONTRACTOR CERTIFICATION I: N/A CONTRACT ITEM NO. DBE CERT. NO. NAME OF DBEs (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE3 \16 COO IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2-1.01, "General," of the Special Provisions. Total Claimed Participation $ 1. DBE prime conlractors shall enter lheir DBE certification number DBE prime contractors shall indicate all work 10 be performed by DBEs including work performed by its own forces. 2. If 100% of ilem is not to be performed or furnished by DBE, describe exact portion of ilem to be performed or furnished by DBE. 06/22/02 (619)296-6247 Date (Area Code) Tel. No. 3. See Section 2-1.02, "Disadvantaged Business Enterprise:' to determine the credit allowed for DBE firms. Stephen W. Person to Contact SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00110. Bid Proposal (Addendum #1).doc Page 9 of 26 ~~20-~::-___ __ -.:-'~~.,:-'_,<",-:","=_~.,.-_::~,~: ~f::jz~~~""'.E~~~F= .-""O.o>___~- ".--.-.-. .~ %.~ ._-:-'-._- " 02 312 DBE INFORMATION-GOOD FAITH EFFORTS SUBMIT GOOD FAITH EFFORT IF THE SPECIFIED DBE % PARTICIPATION GOAL IS NOT MET Federal-aid Project No. Bid Opening Date June 27, 2002 The City of San Bernardino established a Disadvantaged Business Enterprise (DBE) goal of 13% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement WEBE Press OS/21, OS/23, OS/28 and 05/30/02 California Contracts OS/21, OS/23, OS/28 and 05/30/02 Construction Market Data OS/20, OS/27, 06/03 and 06/10/02 W/M/S/DVBE Construction News OS/21, OS/24, OS/28 and 05/31/02 The Thomas Bid Register OS/21, OS/24, OS/28 and 05/31/02 B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names ofDBEs Solicited Date ofInital Solicitation Follow Up Methods and Dates See attached list C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work See attached list Breakdown of Items D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: J-1 ~. "R\)\an& I?~f{\ont€.t I CA 111f q11. iJl7D (P2/f) ;~q- ~~ Names, addresses and phone numbers of firms selected for the work above: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USEO WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal (Addendum #1).doc Page 10 of 26 -~;;,;.~--":- ~._=---- ~^-~~-=--~-~ _:~.,,-~:,,:,~~~.-"l -~_-:-.-- --",,::::~~,_!.':; ~:.. ~~':'~~.';~:':"~-~-'--:-- .. 02 312 C'>>-t Cnre, ?O. '(bl):X C10q~f) Rtg.-ffiMtl. ,eA. (gg~O'3"~2il13 E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: See attached list F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. see attached list G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Agency/Organization see attached list Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary) SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00110 . Bid Proposal (Addendum #1 ).doc Page 11 of 26 ~''':~~~~~--='::'C,c~_.. ,-~~~-_.C,;;;;;;;;:;';;~~C;~ ,."; -:-._~~~ ~-~:-:;:-.:::::;~~.:;;~~~~:_~-_, -~.,::,,-~.:~~:-.;.f.~'~, 02312 DBE INFORMATION - GOOD FAIRH EFFORTS B. The names and dates of written notices sent to certified DBEs solicitating bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copes of solicitations, telephone records, fax confirmations, etc): Names of DBEs Solicited Bricorzak Enterprises, Inc. CST Environmental, Inc. Demolition Contractors, Inc. Economy Landclearing & Wrecking C G 0 Construction Company D L S Constructors, Inc. Macro-Z-Technology Co. W S S Construction O-J-B Engineering Calmex Engineering, Inc. Gonzales, Suarez & Associates, Inc. R M D Rebar, Inc. United Steel Placers Conrad Constructors G & F Concrete Cutting, Inc. Martinez Steel Corporation Wadco Industries, Inc. L N A Structures, Inc. Ruiz Brothers Construction Co., Inc. Monterey Ceramic Tile and Marble Affiliated Steel & Tube, Inc. Corbell Products, Inc. Ca State Rebar Prestress Corp. Diversified Products Industries L TD Calcon Steel Construction, Inc. Cinco Iron Works, Inc. W C Brown Welding, Inc. Neal Construction and Development Southcoast Acoustical Interiors Troyer Contracting Company Louis R. Reyna Painting Contractor Crowner Sheet Metal Products, Inc. Ho-Ro Inc. dba Robertson Roofing G.W. Air Conditioning, Inc. International Architectural Metal Works South West Glass, LLC C S Drywall, Inc. Aaron Brothers Glass Company Turtle Construction Company Pablo Leyden Corporation Date of Initial Solicitation June 18, 2002 June 18, 2002 June 18, 2002 June 18, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 19, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 1 Follow Up Methods and Dates Phone; June 21,2002 Phone; June 21, 2002 Phone; June 21, 2002 Phone; June 21, 2002 Phone; June 21,2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Fax returned 06/20/02 Phone; June 25, 2002 Phone; June 25, 2002 Fax returned 06/19/02 Phone; June 25, 2002 Fax returned 06/19/02 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Fax returned 06/20/02 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Names of DBEs Solicited Advanced Drywall J. Colavin & Son, Inc. JKP, Inc. Calistro's Painting Diversified Mechanical Specialties ACS Contracting, Inc. Shilpark Paint N F U, Inc. E E Electric, Inc. DNI Plumbing Sanders Engineering Company, Inc. Date of Initial Solicitation June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 June 20, 2002 02 3\2. Follow Up Methods and Dates Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 Phone; June 25, 2002 C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Demolition Clear & Grubbing Asphalt Paving Striping / Pavement Markings Site Utilities Site Concrete Landscape Rebar Building Concrete Masonry Marble Structural Steel Rough Carpentry Waterproofing Insulation Roofing Sheet Metal Doors and Frames Glass / Glazing Plastering Gypsum Board / Drywall Breakdown of Items Site demolition, interior demolition, saw cut Site clearing, rough grade, finish grade, fill Asphalt paving, aggregate base Striping, site signs Storm drains, sewer pipe, water distribution Flatwork, site structural concrete, civil concrete Irrigation, planting, soil preparation Reinforcing steel, adhesive anchors & dowels Concrete supplier, form work, building concrete, seismic wall coring, concrete rehabilitation Masonry, masonry rebar Marble Structural steel, metal fabrications, metal stairs, gratings, ornamental steel handrail Carpentry material, labor Waterproofing Insulation Clay roofing tile, built-up asphalt roofing Flashing, Sheet metal Steel doors, custom stile & rail wood doors, access doors, roll-down fire door, frames, finish hardware, labor Aluminum entrances & storefronts, wood window replication, window restoration, glazing Portland cement plaster, gypsum veneer plaster Gypsum board, non-load bearing metal studs 2 ... 02312 Painting Plumbing HVAC Electrical New tilem historic replication tile Resilient tile flooring, resilient sheet flooring, resilient wall base & accessories, carpet Painting Plumbing, hydronic piping, fuel gas piping HVAC, controls, testing/balancing, Electrical, fire alarm, low-voltage switching system, prewire telephone/computer system, lighting dimming system Ceramic Tile Flooring E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: In an effort to increase participation, Soltek Pacific elected to waive all bonding requirements for any DBE firm interested in bidding the San Bernardino Santa Fe Historic Rehabilitation project. With regards to lines of credit or insurance, no DBE firm has contacted our office to request assistance. Soltek Pacific, at our own expense, purchased adequate quantities of plans and specifications and subsequently made them available to DBE subcontractors. Also, we have information on plan rooms that have these plans for viewing or loan. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. Soltek Pacific offered assistance to DBE subcontractors in obtaining necessary equipment, supplies, material or related assistance or services; however, no DBE subcontractors required such assistance at this time. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms, (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Names of Agency/Organization Mr. T. Jarb Thaipejr, P.E., Sr. Civil Engineer, Department of Development Services, Division of Public Works Method/Date of Contact e-mail; 05/15/02 Phone; 05/13/02 Results Undeliverable e-mail Was told to visit the CAL TRANS website for DBE list. State of California, Civil Rights Program; CAL TRANS Website; 05/16/02 Downloaded Cal Extract file to desktop. Selected Trades required this project, see attached subcontractor list. 3 02 ~12. '. REFERENCES A~'D CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The City of SAN BERNARDINO is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work desired by the Public Services Department. Any and all references required to be provided by the bid specifications must be for projects constructed by the bidding company; references for other proj ects performed by principals or other individuals of the bidding company may not be included. A. The BIDDER certifies that it is skilled and regularly engaged in the general type of work called for in the Contract Documents. B. The BIDDER represents that it is competent, knowledgeable, and has special skills on the nature, extent and inherent historic conditions of the work to be performed. The BIDDER understands that the project elements involving the historic rehabilitation are to be considered by the Owner in awarding the contract. BIDDER further acknowledges that there are certain peculiar and inherent historical conditions existent in the construction of the existing building. BIDDER acknowledges that it is aware of such historic characteristics and that it has the skill and experience to foresee and to adopt measures to adequately and safely perform the work described in the Contract Documents. C. The BIDDER shall list five (5) projects completed in the last ten (10) years, which are of similar type, complexity, and contract price. The Owner shall determine in its sole discretion whether BIDDER's experience and qualifications on prior projects are of similar type, complexity, and contract price. PROJECT NUMBER 1 NAME House of Charm.(#161l, ~51000 sf Historical Rec9ustruct~on Structure 1n S an1sh Colon1a Arch1tectural St le ~*K94UJ8) O~ER City of San Diego PROJECT START DATE June 1994 of 1915 I~D[VIDUAL TO CaNT ACT Matt Papuga (now wi Parks & Recreation Department PROJECT FI......lSH DATE TOTALCO~"TR.-\CT PRlCE Spring 1996 $7,206,660 PHOSE ~1JMBER (858) 573-1233 PROJECT NUMBER 2 : I . . . National Landmark, ori2:inallv built in 1915 (#K95049) M.W. Donaldon, Arc O\I/7'\ER City of San Diego Parks & Recreation Department PROJECT START DATE 1 PROJECT FLSlSH DATE I TOTAL CONTR.-\CT PRICE May 1995 September 1997 $13,401,428 I~DJVlDCAl TO CONTACT wi I TS5s)"s73-1233 Matt Papuga (now Developmental ~erV1CeS) p y ed SAN BERNARDINO SANTA FE DEPOT HISTORiC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, 'NC. 00110 - Bid Proposal (Addendum #1 ).doc Page 12 of 26 .. 02 312 PROJECT NUMBER 3 1913 Seructure C#G 09PKTC0046l Q'W"}iER General Services Administration PROJECT START DATE I PROJECT FQ\;lSH DATE I TOTAL CONTRACT PRlCE September 1992 March 1994 $8,663,650.00 INDIVIDUAL TO CONTACT I p(~"BY'B5R2 2 - 316 6 Eleonora Bletnitsky ~ PROJECT NUMBER 4 . . ; (#N68711-98-D-~329, PTO # 0011) J the Navy, ROICC Pt. Lorna Field Office 2001 PHOSE ~1.r\fBER 87 245.00 DOT>na Jones (619) 524-3100' ext. 143 PROJECT NUMBERS R:~~g~~i~~~i~~~R~~~o~~~T~~iptoG~~EeT#~~~J~n~PN68'Y1~~7~~~8~Y~Jd~~~.IDonal O\\.~tR DEpartment of the Navy, SWDIV NAVFACENGCOM PROJECT START DATE August 8, 1997 I~DIV!DCAL TO CONTACT IColin Payne, ROICC (now in son, Arcr PROJECT FI1\ISH DA IE October 5, 1998 TOT AL CO~TR.-\CT PRICE $2,103,515 PHQ1'iE NL:~IBER 011-39-081568-4720; ext. 344 cpayne@oiccnaples.navy.mi or paynehc@efamed.navfac.navy.rnil SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 13 of 26 02 312 SITE INSPECTION The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project WITHOUT QUESTION. Name of Person who inspected the site: Davy Connell Date of Inspection: April 18, 2002 ADDENDA ACKNO\VLEDGMENT The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal: Addendum No. 1 Dated June 3, 2002 Addendum No. 2 Dated June 7, 2002 3 Dated June 12,2002 Addendum No. Addendum No. 4 Dated June 21, 2002 Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal (Addendum #1).doc Page 14 of 26 02 312 BIDDER'S INFORj\IA TION The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal Name Stephen W. Thompson Title President Address 2424 Congress Street, Telephone San D;p"n f'.A 9?11()-?RRR ((;19) ?9(;-(;/47 Name Title John S. Myers Vice President Address L4L4 Congress Street Telephone San Diego, CA 92110-2888 (619) 296-6247 Name Richie Title Larry A. Vice President Address 2424 Congress Street Telephone San Dieg:o CA 92110-2888 (619) 296-6247 Name Title Address Telephone Name Title Address Telephone Name Title Address Telephone Name Title Address Telephone Name Title Address Telephone SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00110 - Bid Proposal (Addendum #1 ).doc Page 15 of 26 ~~~O-.__ _ -~~':_~.....:-.--:._:........;__ ___ ___ .- -- '~'--~-'~-.-'-- --. . - .------.- - - .~f:-:~;:~.-_~;~~"':";~~.'~;.;'_~__.=_.---'---' 02 312. IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this 22n&ayof June , 20~ BIDDER SOLPAC, INC. dba Soltek Pac~ ~&/ Stephen W. Thompson, President Subscribed and sworn to this 22nd day of June ,2002. NOTARY PUBLIC lOt(p;~::lh ::k/LX~Y11 THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS BID PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS, WHICH ARE A PART OF THIS BID AND CONTRACT DOCUMENTS. BIDDERS ARE CAUTIONED THAT MAKING A FALSE CERTIFICA TION MA Y SUBJECT THE CERTIFIER TO CRIMINAL PROSECUTION. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal (Addendum #1).doc Page 16 of 26 ,-_......~~..."""""..,-_...'.~_...-.,,' . ----~--- -- - ...... .... ..-....-. - ,_.-,=~~-,.._--~ "-~~..~-,~~..~ -;;;;"':'-=:;:"'~~73i':~..::';:=~==-.:-:"- -c' _~ -=.-::-:..:~::=~.~_~_~_ .:::-;,_:~~~.::.".J~~o,~,,~=:'~~~~,:,=:',:__':...:..,':::.-:...> -' .. . - -- - --, -"'.,---- ._~'--. -"--'~.' ,".. ~-~"-. ,_'__~_. -.,,- ..._c.__...,...._._~_ 02 312 BUY Al'\IERlCA CERTIFICATION Bidder certifies that he/she will comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in Federally funded projects are produced in the United States, unless a waiver has been granted by the Funding Agency(s), or the product is subject to a general waiver listed in 49 CFR 661.7. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 17 of 26 02 312 AFFIlli"IATIYE ACTION CERTIFICATION Bidder certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract Documents. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PER'"SSION OF. TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 18 of 26 02 312. EQUAL EMPLOYMENT OPPORTillUTY CERTIFICATION The bidder and its subcontractors hereby certify that they have L , have not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, they have filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required b,v the Equal Employment Opportunity Regulations of the Secretmy of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed sllbcontractors only in connection with contracts and subcontracts, which are subject to the eqllal opportllnity clause. Contracts and subcontracts which are exempt fi'om the eqllal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or sllbcontracts of $10,000 or under are exempt) Currently, Standard Form 100 (EEO-I) is the only report required by the Execlltive Orders or their implementing regulations, Proposed prime contractors and sllbcontractors who have participated in a previolls contract or sllbcontract subject to the Execlltive Orders and have not filed the reqllired reports shollld note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts lInless such conrractor submits a report covering the delinqllent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S Department of Labor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 19 of 26 02 ') i 2- ~l . PUBLIC CONTR<\CT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _, has not ~been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constiwte signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution, Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a Yes No proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project X because of a violation of law or a safety regulation? If the answer is yes, explain the circumstances in the following space. Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National labor Relations Board. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGII'EERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 20 of 26 :.=-'~.::~~~.-- i.-'..< - ~;;- --_'_~.--..-:-,,~. ~~ :: "::. ~c ,,~.?:::~~~~---.~ --.:_'_~~_~--=':---'-~-.~-.:-'" ...--- - .' ~- ~- '.,,~. -"" ~ "- ''''''---=..~=.-.~ ._'-.. .. --_.~--_._....;...----=----,---==-,=,""",,"~-- ..: ~-' -~_.~~=-:~~:: ~::!::~--~~:.=~-~~ .. ~-- ~~~~~;--"-'-~~ 02 312 NO~COLLUSIO:.\' AFFIDA VlT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SAN BERNARDINO In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SAN BERNARDINO SANTI>. FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 21 of 26 -- ~- --- -=-;-~--~_.~~~, ---:-_:~:... ~- - ~ -~~;-=-'~~-=-.'- ----- . - -- .__._-~.... 02 312 DEBAR'IENT AL,\1) SUSPENSION CERTIFICATIO~ TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of pe~ury, certifies that, except as noted below', he/she or any other person associated therewith in the capacity of O\\;l1er, partner, director, officer, and manager; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions \vill not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted abo\'e, indicate below to whom it applies, initiating agency, and dates of action. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PER'IISSION OF. TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 22 of 26 .--- - "'__'__ .n .. ~- -, --::--~._~.-'-=-=--. ~ -------=- - ~._- - -.- ~.~~::-~ 7~_~~~~--~ ::_'~~':~:~~~::.~~~::::~;-;;='~~- 02 312 NOi't'LOBBYING CERTIFICATION FOR FEDERL\L-AID CO:'\TR~CTS The prospective participant (bidder) certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance \vith its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 1 00,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00110 - Bid Proposal (Addendum #1).doc Page 23 of 26 :.....;..,.,:;;.=:....,. . .~'-.'--~"'-""""~~,..;-; 02312 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.c. 1352 1. Type of Federal Action: D a. contract b. grant c. coopcrative agreement d. loan e. loan guarantee 2. Status of Federal Action: Da b. bid/o ffer/aoo lication initial award c, post-award 3. Report Type: o a, initial b, material change For Material Change Only: year _ quarter 4. Name and Address of Reporting Entity o Prime o Subawardee Tier , if knOWTl 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known Congressional District, if knOWTl 6. Federal Department/Agency: 7. Federal Program NamelDescription: CFDA Number, if applicable S. Federal Action Number, ifkno\\Tl: 9. Award Amount, ifknowTl' 10. a. Name and Address of Lobby Entity (If individual, last name, first name, Mi) b. Individuals Performing Serviees (including address ifdifferent from l':o lOa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) S 0 actual 0 planned 13. Type of Payment (check all that apply) r- I- - - - - Brief Description of Seryices Performed or to be performed and Date(s) of ScrYiee, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item II: Form of Payment (cheek all that apply): D a. cash D b, in-kind; specify: nature Value - a, retainer b. one-time fee 12. c. commission d. contingent fee e deferred f. other, specify 1-1. (attach Continuation Sheet(s) if necessary) ] 5. Continuation Sheet(s) attached: Yes 0 1\0 0 16. Information reliuested through this form is authorized by Title 31 U.S.c. Section 1352. This disclosur~ oflobbyir:g reiia:1ce \\:)5 placed by t1;e tier above \\ hen his tra:1saction was m;:.de or entered into. This dls.:losure is required pursu:J.nt to 31 US C. 135~. T:1is l:1forrrta:ion \I.il1 be reponed to CDi~gres5 s~mia1nu3.1Iy and w~~1 be a';aibble for pL;bli~ inspec~ic:l, An> rason wno fails to nle tre req'Jired disc1osur~ sha\; be subject to a ci\'il penalty ofr.ot less th::m 510,000 and not more than S I 00,000 for eo,h such fJllure Signature: Print l':ame: Title Telephone 1\:0: Date: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC 00110 - Bid Proposal (Addendum #1),doc Page 24 of 26 ~;-;",.,--~~~-:-=--. . - .- --~._..--~_.---,..,~ -~ ----- ------- " - -.- ';:'n. ______ __ ________~__.--:-: .....- -...-:-~_:.~~~~-=--. ---:--"""-~---'---""'---,~-"'-'=--~- _~:==:-.:.::~~:-....::=::--;-___ :_~---~_,""=--<-"",,,':_~T--' -. 00 02 3\2 INSTRUCTIONS FOR COJ/PLETION OF DISCLOSURE OF LOBBYING ACTIVITIES FORM This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 3i US. C. section i352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or aliempting to influence an officer or employee of any agency, a lv/ember of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional infomiation if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budgetfor additional information. i. identify the I}pe of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2 Identify the status of the covered Federal action. 3. identify the appropriate classification of this report. if this is afollow-up report caused by a material change 10 the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submiued report by this reporting entil}for this covered Federal action. 4 Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient, Identify the tier of the subawardee, e,g., the first subawardee of the prime is the first tier. Subawards include bill are not limited to subcontracts, subgrants and contract awards under grants. 5. if the organization filing the report in item 4 ch"cks "SubQ\mrdee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, ifknown. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard 7 Enter the Federal program name or description for the covered Federal action (item i). If known, enter thefiill Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identif'..ing IIl11nber available for the Federal action identificatioll in item i (e.g., Request for Proposal (RFP) lIumber, III\'itation for Bid (IFB) number, grant announcement number, the contract grant. or loall award number, the application/proposal control number assigned by the Federal agency). include prefixes, e.g, "RFP-DE-90-00i." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. I O. (a) Enter the full name, address, city, state and zip code of the lobbying entil}' engaged by the reporting entity identified ill item 4 to influenced the covered Federal action. (b) Enter the /iillnames of the individual(s) pelforming services and include fiill address if different from 10 (a) Enter Last Name, First Name and Middle Initial (lviI), II Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (ilem 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. if this is a material change report, enter the cumulari,'e amOtlllt ofpayment made or planned to be made. 12, Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contriblltion, specifi.' the nature and value of the in-kind payment, 13. Check the appropriate box(es). Check all boxes that apply. if other, specify nature. 14. Provide a specific and delailed description of the services that the lobbyist has performed or will be expected to perform and the daters) of allY services rendered Include all preparatol) and related activity not jllsttime spent in actual contact \\ith Federal oft7clals Idelllifv the Federal oj}icer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that \\'1'1'1' contacted. i5. Check H11ether or not a continualion sheet(s) is attached. /6. The certijiing o.OIcia! shall sign Qlld delle Ihe form. pmllhis/her name title alld telepholle ",,,"ber. Public reporting burden for this collection of information is estimated to QI'erage 30 minlltes per response, iilcludlllg time for reviewing i;:struction, searchi/:g existing data sources, galhering and maintaining the data needed. and completing and rt'\'iewing the collection of information, Send comments regarding the burden estimate or any other aspect of this collection of information. including suggestions for reducing this burden, to the Office of Management and Budget, Papen'ork Reduction Project (0348-0046). Washington. D.C 20501 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PER~,IISSI0N OF, TRANSTECH ENGINEERS. INC 00110 - Bid Proposal (Addendum #1),doc Page 25 of 26 ~_--'===-:::~c=.:':.'-" _._ __.---:-"_ _ --';;'~--;"-;-;;-"- 02 312 By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the Califomia Administrative Code). By my signature on this Bid Proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. E!'Il) OF SECTIO~ SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC - -+---.- -- - - ---'-- _._-~~--------_._---,-- --- 00110 - Bid Proposal (Addendum #1).doc Page 26 of 26 ------= -:;,,"-:_-"'"--=------~-==--=-;;: -- .-- -;;.---:_~ --...-_- ----- 02 312 BID BOND FOR SAN BERNARDINO SANTA FE DEPOT mSTORIC REHABILITATION The amount ofthe Bid Bond shall be equal to an amount not less than ten percent (10%) of the total amount of Base Bid shown on Page 1. KNOW ALL MEN BY T~;ESE PRESENT that SOLPAC, INC. DBA: SOLTEK PACIFIC , as CONTRACTOR and ST. PAUL FIRE AND MARINE INSURANCE COMPANY , as SURETY, are held and firmly bound unto the City of SAN BERNARDINO, in the penal sum of TEN PERCENT OF THE AMOUNT BID----------- dollars($lO% OF BID), which is 10 percent of the total amount bid by BIDDER to the City of SAN BERNARDINO for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of SAN BERNARDINO for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of SAN BERNARDINO. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 11TH day of JUNE , 20...Q.l CONTR.!\CTOR * (;-} . .... BY: Subscribed and sworn to this 22nd day of June ,2002. NOT ARYPUBLIC ;' , . ' J'J'} iJ ,..-- " .'-...... -".- -.- ...... I /~ '-, .'. UL.-(, I. ! --" ~ re' .....~.J :s t<<lTARY P\IllJC · CALIfORNA ! I . __.._c.~~~~J - SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00110 - Bid Proposal Page 2 of 26 02 312 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Diego DATE before me, America San Martin. Notary Public NAME. TITLE OF OFFICER, E.G.. 'JANE DOE. NOTARY PUBLIC' On JUNE 11, 2002 personally appeared LETICIA SAN MARTIN NAME(S) OF SIGNER(S) [!] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(x) islllD subscribed to the within instrument and ac- knowledged to me thatm/she~ executed the same in In/her/Ullll authorized capacity(iIn), and that by X1!DIher~ signature(s:) on the instrument the person(x), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL "1 AMERICA SAN MARTIN (I) NOTARY PUBLIC - CALIFORNIA C' COMMISSION # 1200,'13 ... SAN D::::GO cm,l-:i " My Co~. ml'",:,"'-'n 1='p Ocwbe! ~1. ~>.;:>2 ~ .. "". ~. I -,-. ".,.-,." .....,. ~.. .............. w~h;ihand and ~ . ~ .' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER, o INDIVIDUAL o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TTTl..E(S) o PARTNER(S) o LIMITED o GENFRAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIANlCONSERV ATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT11'((IES) SIGNER(S) OTHER THAN NAMED ABOVE 1tl1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmet Ave., PO Box 7184. Canoga Pari<. CA 91309,7184 02 312 . ' (lheStRlUI POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Allomey No. 22770 Certificate No. C~c..r'~)ln ~.< "'" , _) 1__) ,..J ,~} '"-" KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insuranee Company, St. Paul Guardian Insuranee Company and St. Paul Mereury Insurance Company are corporations duly organized under the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a eorporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin and Lawrence F. McMahon San Diego California of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertaking~/equ~ed or ~itted in ~ny actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumen.t.t~ be signe<f aI1d sea)ed}4is 4th day of October 2001 o ~ : United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. t-~~ ~~e.r1~ Seaboard Surety Company St. Paul Fire and Marine Insurance Compan,y St. Paul Guardian Insuranee.Coinpllny SI. Paul Mereury Insurance Company State of Maryland City of Baltimore THOMAS E. HUIBREGTSE. Assistant Seeretary On this 4th day of October 2001 , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse. who aeknowledged themselves to be the Vice President and Assistant Secretary, respectively. of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. My Commission expires the 13th day of July, 2002. ~t~.~ In Witness Whereof, I hereunto set my hand and official seal. REBECCA EASLEY-ONOKALA. Notary Public 66203 Rev. 7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety comp~y: St. ~:u) Fire and Marine Insuranee Company. St. Paul Guardian Insuranee Company. St. Paul Mercury Insuranee Company, United States Fidelity and Guaranty compan~; I Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insuranee Underwriters, Inc. on September 2, 1998, whieh resolutions are now in full force and effect, reading as follows: RESOLVED, that in eonnection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Faet pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Viee President, or an Assistant Viee President, jointly with the Secretary or an Assistant Secretary, under their respeetive designations. The signature of such offieers may be engraved, printed or lithographed. The signature of eaeh of the foregoing officers and the seal of the Company may be affixed by faesimile to any Power of Attomey or to any eertificate relating thereto appointing Attomey(s)-in-Faet for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attomey or eertificate bearing sueh facsimile signature or faesimile seal shall be valid and binding upon the Company, and any sueh power so exe- euted and eertified by such faesimile signature and faesimile seal shall be valid and binding upon the Company with respeet to any bond or undertaking to whieh it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument exeeuted by such Attorney(s)-in-Faet shall be as binding upon the Company as if signed by an Executive Offieer and sealed and attested to by the Secretary of the Company. I. Thomas E. Huibregtse. Assistant Seeretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insuranee Company, and Fidelity and Guaranty Insuranee Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this 11TH day of JUNE , 2002 .cG .~ ~ I !::::.,~~~^::~ " - 02 312 SECTION 00120 SCOPE OF WORK 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Scope of Work (Summary) 1.04 Work Under Other Contracts 1.05 Documents Available 1.06 Building System and Utility Coordination 1.07 Project Sign 1.08 Extermination 1.02 RELATED SECTIONS A. Section 00110 Bid Forms B. Section 00130 Sample Contract C. Section 00140 General Conditions D. Section 00150 Specific Conditions E. Section 00210 Changes to the Contract F. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT G. APPENDIX A - FEDERAL REQUIREMENTS 1.03 SCOPE OF WORK (SUMMARY) A. Complete Renovation, Adaptive Reuse, and Historic Restoration of an existing 1918 structure and 1921 addition to include but not limited to: removal of hazardous materials; selective demolition; seismic retrofit and structural enhancement; mechanical, plumbing, electrical system replacement; fire sprinkler system installation; fire and security alarm system installation; stair, elevator, and stair lift installation; restoration of doors and windows; lighting installation; marble and tile replacement; flooring replacement; plastering replacement; and painting. Exterior improvements include but are not limited to: building cleaning; plaster repair; reconfiguration of parking lots, walk and driveway; replacement of irrigation and landscaping; and addition of mechanical equipment and trash enclosures. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00120 . Scope of Work Page 1 of 4 1.04 WORK UNDER OTHER CONTRACTS A. Separate Contract: The owner intends to award a separate contract for performance of certain construction operations at the site. Those operations will be conducted simultaneously with work under the contract. The contract includes the following: I. Contract: A separate contract has been awarded by Southern Califomia Regional Rail Authority for work on the "first mile project" for the Metrolink Commuter Rail System. 2. Miscellaneous Contracts: The owner will have multiple contracts underway during the course of this construction. B. Cooperate fully with separate contractors so that work under those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. 1.05 DOCUMENTS AVAILABLE A A survey and soils investigation report obtained from test holes at the site, is available for review at the Owner's office. Information obtained from such report or information indicated, as to sub-surface soil conditions or to elevations of existing grades or elevations of underlying obstructions is approximate only, is not guaranteed, and does not form a part of the Contract Documents. The Contractor shall make a visual examination of the site prior to bid. B. A mitigation plan for Asbestos Abatement was prepared by Earthtech for the San Bernardino Santa Fe Depot. A copy will be provided upon request to the City's designated representative identified in Subsection 1.04. Pre-Bid Inquires of Section 00100. Specific Instruction to Bidders prior to Bid Opening, or to the Construction Manager after Bid Opening. C. A mitigation plan for Lead Abatement was prepared by Earthtech for the San Bernardino Santa Fe Depot. A copy will be provided upon request to the City's designated representative as identified in Subsection 1.04. Pre-Bid Inquires of Section 00100. Specific Instruction to Bidders prior to Bid Opening, or to the Construction Manager after Bid Opening. 1.06 BUILDING SYSTEM AND UTILITY COORDINATION A. The location, size and reinforcement of holes in the building structure for the placement of pipes, conduits, and other materials shall conform to the structural Plans and Specifications. B. When the requirements of the Mechanical, Electrical, Plumbing, or other sections of the Specifications or Plans are in conflict with the structural requirements, the structural requirements shall usually take precedence. The Construction Manager shall be notified SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00120 - Scope of Work Page 2 of 4 02 3,2 immediately of any and all conflicts for verification of what will take precedence. Where the safety of the building structure is threatened, due to construction or holes in the building structure required for construction, modifications shall be made as directed by the Construction' Manager. C. Notify the Construction Manager immediately if conditions are uncovered which would prevent the completed construction from conforming to the requirements of the Project Documents. D. Match existing products and work for patching and extending work, unless noted otherwise. E. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on Plans. I. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. 2. Follow routing shown for pipes, ducts, and conduit, as closely as practicable. Place runs parallel with line of building or partitions. 3. Configure piping, conduit, and rack installation to permit access into drop ceilings with minimum clearance above ceiling. 4. Do not install ductwork, conduit, piping, or other building system components on support systems for other components unless specifically designed to accommodate such shared use and only with prior written approval of the Architect. 5. A coordination plan shall be prepared by all sub-contractors to make sure all the building systems will work together. Where space is limited, show plan and cross-section dimensions of space available, including structural obstructions and ceilings as applicable. Coordinate shop Plans including service clearance requirements. Show installation sequence when necessary for proper installation. The Architect's review of shop Plans will not include a dimensional or coordination review. 1.07 PROJECT SIGN A. The Contractor shall provide, install and maintain for the duration of the Project a Project Sign not less than four (4) feet by eight (8) feet in size. The sign shall be installed within ten (10) days of Notice to Proceed and shall be installed where directed by the Construction Manager. B. All lettering shall be in a font approved by the City and shall be not less than 6" high unless approved in writing by the City. The Project Sign shall contain the following information. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00120 - Scope of Work Page 3 of 4 1. The name of the City. 2. The project logo. 3. The project name. 4. The name of all City Council Members. 5. The name of the City Manager or City Administrator. 6. The name of the Architect. 7. The name of the Construction Manager. 8. The name of the Contractor. C. The sign shall be prepared on a single sheet of Yo inch exterior grade plywood. The sign shall be prepared with not less than two coats of exterior grade paint for the background; one coat of exterior grade paint for lettering. D. The Contractor shall erect supports and framing on a secure foundation, rigidly braced and framed to resist all Building Code loading. The sign shall be installed surface plumb and level. E. The colors of sign shall be as designated by the Construction Manager. F. The sign shall be removed by the Contractor at the end of the project 1.08 EXTERMINATION A. At the conclusion of demolition work after all finishes that are scheduled to be removed have been removed and prior to application of new finishes the building shall be inspected and treated for infestations of insects, termites, rodents, etc. and extermination of the same. Contractor to provide a certificate to the owner noting this work was accomplished by a licensed exterminator. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00120 - Scope of Work Page 4 of 4 02 3\2 SECTION 00130 CONTRACT SAN BERNARDINO SANTA FE DEPOT mSTORIC REHABILITATION IN THE CITY OF SAN BERNARDINO CITY PROJECT NO.: HDREN-1 FEDERAL PROJECT NO.: 08-4105584L CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 THIS AGREEMENT is made and entered into this J 3'</ day of Sc~PTC-f1'.b~r ,2002 by and between the CITY OF SAN BERNARDINO, a Municipal corporation, hereinafter called CITY, and Solpac, Inc., DBA Soltec Pacific (located at 2424 Congress Street, San Diego, CA 92110), hereinafter called CONTRACTOR. RECITALS CITY, by its Notice Inviting Bids duly advertised for written bids to be submitted on or before June 27, 2002 , for the following project: SAN BERNARDINO SANTA FE DEPOT mSTORIC REHABILITATION IN THE CITY OF SAN BERNARDINO CITY PROJECT NO.: HDREN-1 FEDERAL PROJECT NO.: 08-4105584L CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 Hereinafter called PROJECT. On said date, in the Council Chambers of the SAN BERNARDINO City Hall, said bids were duly opened. At its regular meeting held on September 23, 2002, the City Council duly accepted the bid of CONTRACTOR for said PROJECT for being the lowest responsible bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The Contract Documents for the PROJECT shall consist of the Notice Inviting Sealed Bids, Bid and Contract Documents, CONTRACTOR'S Bid Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. - SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION G:\WPROCESS\JOBRECRD\2001\21100 SB HICTDRIC DEPOT CM\BUILDING RENOVATION\BID AWARD\Final Contract (Spec Sec 00130.Contra:t).doc PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. CITY OF SAN BERNARDINO Page 1 of 10 .. - 02 312 All of the rights and obligations of CITY and CONTRACTOR are fully set forth and described in the above documents. All of the above-mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as CONTRACT DOCUMENTS and are incorporated herein by this reference and made part hereof as though they were fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS. ARTICLE III Base Bid Work: CONTRACTOR hereby agrees to receive and accept the total amount of $8,896,000 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder for Base Bid Work, which is to be paid per the approved Schedule of Values (Bid and Contract Documents, Section 00290-Schedule of Values). If any work item is deleted from the Schedule of Values, the amount shown for such deleted item will be deducted from the total amount. Additive Alternate Bid Item No.9: A budget of $400,000 is approved for Additive Altemate Bid Item No. 9 for any unknown hazardous materials and/or lead paint abatement, if any discovered. The additional budget will be used if any unknown hazardous materials and/or lead paint is discovered, and a change order is approved by the CITY authorizing such work. Compensation paid to the CONTRACTOR shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain ten percent (10%) of said price until said time as the provisions of Article XII herein have been met. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amounts set forth in Article III hereof, and hereby agrees to pay the same at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\WINDOWS\TEMP\Final Contract (Spec See 00130-Contract).doc: PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. CITY OF SAN BERNARDINO Page 2 of 10 .. - 02 3\2 In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law, as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the CITY in connection therewith. ARTICLE V CONTRACTOR shall complete work per the schedule approved by the City. ARTICLE VI A. CONTRACTOR shall, without disturbing the condition, notify CITY in wrItmg as soon as CONTRACTOR, or any CONTRACTOR's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: I. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; 2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Contract. B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. C. CITY shall promptly investigate the reported conditions. If CITY, through the City's Construction Management Firm or his/her, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order. D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights, which pertain to the resolution of disputes and protests between the parties. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\WINDOWSITEMP\Final Contract (Spec See 00130-Conlracl).doc PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. CITY OF SAN BERNARDINO Page 3 of 10 02 ?12 ARTICLE VII CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the CONTRACTOR's work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility of negligence; provided: (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold-harmless agreement because of the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleges to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. ARTICLE VIII CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. ARTICLE IX CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONTRACTOR allow any subcontractors to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. (a) COMPENSA TION INSURANCE. CONTRACTOR shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of CONTRACTOR's employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Worker's Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\WINDOWSITEMP\Final Contract {Spec See 00130-Conlract).doc PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. CITY OF SAN BERNARDINO Page 4 of 10 02 312 (b) COMPREHENSIVE GENERAL LIABILITY. PRODUCTS / COMPLETED OPERATIONS HAZARD COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect the CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR'S or any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability and Property Damage Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000); (2) Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000); (3) Comprehensive Automobile Liability Insurance In an amount of not less than ONE MILLION DOLLARS ($1,000,000); (4) Contractual General Liability Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000); (5) or GENERAL AGGREGATE LIABILITY in an amount of not less than TEN MILLION DOLLARS ($10,000,000). A combined single limit policy with aggregate limits in an amount of not less than TEN MILLION DOLLARS ($10,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove. (c) PROOF OF INSURANCE. The CITY of SAN BERNARDINO shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this contract. (d) NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence work under this contract until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article ARTICLE X TERMINATION OF CONTRACT I. Termination for Convenience The CITY may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the CITY's best interest. The Contractor shall be paid its costs, including SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\WINDOWS\TEMP\Final Contract (Spec See 00l30-Contracl).doc PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC, CITY OF SAN BERNARDINO Page 5 of 10 02 312 contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to CITY to be paid the Contractor. If the Contractor has any property in its possession belonging to the CITY, the Contractor will account for the same, and dispose of it in the manner the CITY directs. 2. Termination for Default If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the CITY, or one of its designated representatives, and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Contract for this Project. 3. Waiver of Remedies for any Breach In the event that CITY elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by CITY shall not limit CITY's remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract. ARTICLE XI The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of breach of this contract and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event of such a breach. The parties therefore agree that in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the amounts specified in Subsection 1.08, Liquidated Damages Amounts of Section 00150, Specific Conditions of the Bid and Contract Documents shall be presumed to be the amount of damages suffered by the CITY for delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay these amounts as liquidated damages for delay in the starting and/or completion and acceptance of said PROJECT beyond the date specified in the CONTRACT DOCUMENTS. Any and all such liquidated damage assessed shall be done so in accordance with that certain edition of the Specification for Public Works Construction, currently in effect as of the date of this Agreement. ARTICLE XII INCORPORA nON OF FEDERAL HIGHWAY ADMINISTRA nON (FHW A) AND FEDERAL TRANSIT ADMINISTRA nON (FT A) TERMS Contractor hereby promises and agrees to comply with all of the provisions of the Federal Requirements related to employment and labor relations. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\WINDOWSITEMP\Final Contract (Spec See 00130-Conlracl),doc PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC, CITY OF SAN BERNARDINO Page 6 of 10 02 312 All contractual provisions required by FHW A are hereby incorporated by reference. All contractual provisions required as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any CITY requests which would cause CITY to be in violation of the FHW A and FT A terms and conditions. NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Govemment in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. ARTICLE XIII Upon completion of the PROJECT and acceptance of same by the City Council, the CITY ENGINEER shall have cause to be recorded a Notice of Completion with the office of the County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Article III hereof; provided there have been no mechanics' liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work. ARTICLE XIV This contract shall not be assignable, either in whole or in part, by the CONTRACTOR without first obtaining the written consent of the CITY thereto. ARTICLE XV The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to CITY. ARTICLE XVI If either party to this agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION S:'LPublic Works\RFCA's\2002 A1I\09-09-02\Santa Fe Depot\Final Contract (Spec See 001JO..Contract).doc: PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC, CITY OF SAN BERNARDINO Page 7 of 10 .. - 02 312 attorney's fees. Attorney's fees shall include reasonable costs for investigating such action conducting discovery and all other necessary cost the court allows, which are incurred in such litigation. The costs, salary and expenses of the CITY ATTORNEY and members of his office, in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. The provisions of this agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY. IN WITNESS WHEREOF the parties hereto have caused this contract to be executed on the date first above written by their respective officers duly authorized in that behalf. BY: TITLE: MAILING ADDRESS: 2424 Congress Street San Diego, CA 92110 Tel: 619-296-6247 Fax: 619-296-4314 SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION S:LPublic Works\RFCA's\2002 AUl09-09-02\Santa Fe Depot\Final Contract (Spec See 00130-Contract).doc PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, .~~ W Y McCarnrnack Mayor Pro Tern ATTEST: BY: Q"~~ RACHEL CLARK, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: BY: CITY OF SAN BERNARDINO Page 8 of 10 " - 02 312 FAITHFUL PERFORMANCE BOND FOR SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION IN THE CITY OF SAN BERNARDINO CITY PROJECT NO.: HDREN-I FEDERAL PROJECT NO.: 08-4105584L CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 KNOW ALL MEN BY THESE PRESENT that , as CONTRACTOR and , as SURETY, are held and firmly bound unto the City of SAN BERNARDINO, in the penal sum of dollars($ ),which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLlGA nON ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into a Contract with the City of SAN BERNARDINO for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of SAN BERNARDINO; provided that any alternations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this _day of ,20_. CONTRACTOR* SURETY* * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Subscribed and sworn to this day of ,20_. NOTARY PUBLIC SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\WINDOWS\TEMP\Final Contract (Spec See 00130-Conlract).doc PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. CITY OF SAN BERNARDINO Page 9 of 10 ,. - - 02 ?12 MATERIAL AND LABOR BOND FOR FOR SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION IN THE CITY OF SAN BERNARDINO CITY PROJECT NO.: HDREN-1 FEDERAL PROJECT NO.: 08-4105584L CONTRACT DOCUMENTS, PLANS AND SPECIAL PROVISIONS NO. 10446 KNOW ALL MEN BY THESE PRESENT that , as CONTRACTOR and as SURETY, are held and firmly bound unto the City of SAN BERNARDINO, in the penal sum of dollars($ ),which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into a Contract with the City of SAN BERNARDINO for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the Contract Documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of SAN BERNARDINO; provided that any alternations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this _day of ,20_. CONTRACTOR* SURETY* * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. day of ,20_. Subscribed and sworn to this NOTARY PUBLIC SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION C:\W\NDQWS\TEMP\Final Contract (Spec See 00130-Contract).doc PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC, CITY OF SAN BERNARDINO Page 10 of 10 .. - 02 3,2 SECTION 00140 GENERAL CONDITIONS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Intent of Contract Documents 1.04 Project Errors, Omissions, Inconsistencies, and/or Discrepancies 1.05 Headings 1.06 Mobilization 1.07 Penalty for Collusion 1.08 Successors and Assigns 1.09 Assignment to Owner 1.10 Rights and Remedies 1.11 Administration of the Contract 1.12 Acceptability of the Work 1.13 Owner's, Construction Manager's, and Architect's Right of Access To the Work 1.14 Suggestions to the Contractor 1.15 Cooperation Between Owner and Contractor 1.16 Owner-Furnished Materials 1.17 Defective and Unauthorized Work 1.18 Unnoticed Defects 1.19 Right to Retain Imperfect Work 1.20 Weather Conditions 1.21 Contractor's Daily Report 1.22 Notice to Record Sound, Video and/or Both 1.23 Assignment of Contract 1.24 Warranty of Title 1.02 RELATED SECTIONS A. Section 00120 Scope of Work B. Section 00130 Sample Contract C. Section 00150 Specific Conditions D. Section 00370 Temporary Construction Facilities and Construction Site Requirements E. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT F. APPENDIX A - FEDERAL REQUIREMENTS SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00140 - General Conditions Page 1 of 11 1.03 INTENT OF CONTRACT DOCUMENTS A. The intent of the Specifications, the Plans, any addenda, or any other Contract Documents is to describe the Scope of Work and details for the construction and completion of the Work which the Contractor is required to undertake to perform in accordance with the terms of the Contract. B. The Specifications, the Plans, any addenda, or any other Contract Documents are divided into groups for the convenience of the Owner, Architect, and Construction Manager. These divisions are not for the purpose of apportioning work or responsibility for work among subcontractors, suppliers, and manufacturers. C. Where the Specifications, the Plans, any addenda, or any other Contract Documents describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. D. Unless specifically noted otherwise, all sections of the Specifications, the Plans, any addenda, or any other Contract Documents shall be complementary and applicable to each other, and what is required by one shall be as binding as if required by all. E. Where terms, phrases, words, and abbreviations are not defined, they shall have their ordinary accepted technical or trade meanings within the context with which they are used. Webster's Encyclopedic Unabridged Dictionary of the English Language, copyright 1996 shall be considered as providing ordinary accepted meanings. The Construction Manager shall have the sole authority to define any terms, phrases, words, and abbreviations which the Contractor has indicated are unclear or undefined F. The plans for the Work show conditions as they are believed by the City to exist, but it is not intended nor inferred that the conditions as shown thereon constitute a representation by the City that such conditions actually do exist, nor shall the City be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the Work. The word "conditions" as used in this paragraph includes, but is not limited to, site conditions, both surface and subsurface. 1.04 PROJECT ERRORS, OMISSIONS, INCONSISTENCIES, AND/OR DISCREPANCIES A. In the event of errors, omissions, inconsistencies, and/or discrepancies among two or more portions of the Contract Documents, the Construction Manager may direct the Contractor to follow the most stringent requirements at no additional cost. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTEGH ENGINEERS, lNG, 00140 . General Conditions Page 2 of11 02 3\2 B. If errors, omiSSIOns, inconsistencies, and/or discrepancies appear in the Contract Documents or in the work done by others affecting this work, the Contractor shall immediately notify the Construction Manager prior to proceeding with the work, and the Construction Manager shall issue appropriate instructions. If the Contractor proceeds with the work so affected, without instructions from the Construction Manager, the Contractor shall remove the incorrect work or make the necessary corrections to comply with the Construction Manager's instructions at no cost to the City. C. In resolving conflicts, errors, omissions, inconsistencies, and/or discrepancies in any of the Contract Documents, the order of precedence shall be as follows: I. Contract. 2. Specifications, including any addenda. 3. Plans D. In resolving conflicts, errors, omissions, inconsistencies, and/or discrepancies in any of the Specifications the order of precedence is as follows: I. Addenda. 2. Change Orders. 3. Specific Instruction to Bidders. 4. General Instructions to Bidders. 5. Specific Conditions. 6. General Conditions. 7. Technical Specifications. E. Unless the Construction Manager directs otherwise, the administrative provisions of Part I - Administration supercede any and all administrative provisions contained within Part II - Technical Specifications F. In resolving conflicts, errors, omissions, inconsistencies, and/or discrepancies in any of the Plans the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail Plans govern over general Plans. 3. Addenda. 4. Change Order Plans govern over Contract Documents. 5. Contract Documents govern over standard Plans. 6. Contract Plans govern over shop drawings. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00140 - General Conditions Page 3 of 11 G. Any conflicts, errors, omiSSIOns, inconsistencies, and/or discrepancies found in the Contract Document shall be promptly reported in writing to the Construction Manager, who will issue a correction in writing. The Contractor shall not take advantage of any such conflicts, errors, omissions, inconsistencies, and/or discrepancies, but shall comply with any corrective measures regarding the same prescribed by the Construction Manager, and no additional payment or time shall be allowed therefore, except as provided in these Specifications. H. If conflicts, errors, omissions, inconsistencies, and/or discrepancies are discovered between the Plans and the Specifications, and no specific interpretation is issued prior to the bidding, the decision regarding this interpretation shall rest with the Construction Manager. The Contractor shall be compelled to act on the Construction Manager's decision as directed. In the event the installation is not in compliance with the direction of the Construction Manager, the installation shall be corrected by and at the expense of the Contractor at no additional cost to the City. 1. In case of conflicts, errors, omissions, inconsistencies, and/or discrepancies on the plan sheets, it is assumed that the bid included the cost for implementing and/or constructing the discrepancy that would have the highest dollar value. J. If the Contractor, in the course of the work, becomes aware of any claimed conflicts, errors, omissions, inconsistencies, and/or discrepancies in the Contract Documents or in the City's field work, it shall immediately inform the Construction Manager. The Construction Manager shall promptly review the matter, and if it finds a conflict, error, omission, inconsistency, and/or discrepancy has been made, it shall determine the corrective actions and advise the Contractor accordingly. K. If the corrective work associated with a conflict, error, omission, inconsistency, and/or discrepancy increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order. After discovery of a conflict, error, omission, inconsistency, and/or discrepancy by the Contractor, any related work performed by the Contractor shall be done at its risk unless authorized by the Construction Manager. 1.05 HEADINGS A. Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. 1.06 MOBILIZA nON A. Mobilization shall include, but not be limited to, the following principle items: 1. Submittal and modification, as requ.,ed, of the Construction Schedule. 2. Submittal and modification, as required, of the Schedule of Values. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00140 . General Conditions Page 4 of 11 02 312 3. Providing a Project Office as required in the Contractor's Responsibilities and Role Section of these Specifications. 4. Review of the Site. 5. Obtaining all required Permits. 6. Submittal of all required insurance certificates and bonds as required by these Specifications. 7. Moving onto the site, including, but not limited to: a. Equipment. b. Arranging for and erection of Contractor's work and storage areas. 8. Installing construction fencing and temporary construction power and wiring. 9. Establishing required fire protection provisions. 10. Providing a minimum of one restroom facility for each twenty-five (25) workers occupying the site, but not less than two (2) facilities. Facilities may include existing, functioning restrooms, or portable chemical facilities, or any combination thereof, and shall count as one for each urinal or one for each water closet. II. Installing all temporary utilities required by the Temporary Construction Facilities Section of these Specifications. 12. Posting all OSHA required notices and establishment of safety programs. 13. Posting of all Department of Labor notices. 14. Having the Contractor's superintendent at the job site full-time. 15. Potholing and other research and review as necessary to verify site conditions and utility locations. 16. Air and water quality protective measures, as necessary, and without limitation. 17. Demobilization of the Site. 1.07 PENALTY FOR COLLUSION A. If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the Owner may suffer thereby, and the Owner may advertise for new bids for said Work. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00140 - General Conditions Page 5 of 11 1.08 SUCCESSORS AND ASSIGNS A. The Owner and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legai representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other. 1.09 ASSIGNMENT TO OWNER A. Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.c. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials pursuant to the Contract. B. This assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further acknowledgment by the parties. 1.1 0 RIGHTS AND REMEDIES A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. B. No action or failure to act by the Owner, the Architect, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 1.11 ADMINISTRA nON OF THE CONTRACT A. The Construction Manager will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Construction Manager and the Architect as the representatives of tLe Owner during the construction, are set forth in these Specifications, and shall not be modified or extended without written notification by the Owner. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC 00140. General Conditions Page 6 of 11 02 312 B. In case of the termination of the employment of the Construction Manager or the Architect, the Owner shall appoint a Construction Manager or an Architect whose status under the Contract Documents shall be that of the former Construction Manager or Architect, respectively. 1.12 ACCEPTABILITY OF THE WORK A. The Construction Manager working under the direction of the Owner, has the sole authority to determine acceptability of the Work. 1.13 OWNER'S, CONSTRUCTION MANAGER'S, AND ARCHITECT'S RIGHT OF ACCESS TO THE WORK A. The Owner, the Construction Manager, and the Architect shall be permitted full access to the Work during all Work Hours. 1.14 SUGGESTIONS TO THE CONTRACTOR A. Plans or methods of work suggested by the Owner, the Construction Manager, or the Architect to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The Owner, and the Construction Manager, or the Architect assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by the use of such plan or method of work. 1.15 COOPERA nON BETWEEN OWNER AND CONTRACTOR A. The Contractor shall afford the Owner, the Construction Manager and separate contractors working under the direction of the City to reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with their employees and subcontractors as required by the Contract Documents. B. If any part of the Contractors Work depends for proper execution or results upon the work of the Owner or any separate Contractor working under the direction of the Owner, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the Owner's or separate Contractor's work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00140 - General Conditions.doc Page 7 of 11 C. If requested by the Contractor, the Owner shall arrange meetings with other contractors performing work on behalf of the Owner to plan coordination of construction activities. D. The Owner shall keep the Contractor informed of the planned activities of other contractors. E. Differences and conflicts arising between the Contractor and other contractors employed by the Owner or between the Contractor and the workers of the Owner with regard to their work, shall be submitted to the Construction Manager for its decision in the matter. F. If such separate Contractor sues the Owner on account of any delay or damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall, at the Owners election, defend such proceedings at the Contractors expense. If any judgement or award against the Owner arises from any such litigation whether defended by the Owner or by the Contractor, the Contractor shall payor satisfy said judgement or award and shall reimburse the Owner for all attorneys fees and court costs which the Owner has incurred or for which it is liable. 1.16 OWNER-FURNISHED MATERIALS A. Materials, if furnished by the Owner, will be made available as specified in these Specifications. The cost of loading, unloading, hauling and handling, and placing Owner-furnished materials shall be considered as included in the price bid for the Contract item involving such Owner-furnished material. B. The Contractor shall inspect and assure itself of the amount and soundness of such materials. C. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. Owner-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Owner for the cost of replacing Owner-furnished material and such costs may be deducted from any monies due or to become due the Contractor. 1.17 DEFECTNE AND UNAUTHORIZED WORK A. Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Construction Manager. B. Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Construction Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00140 . General Conditions Page 8 of 11 02 312 C. Upon failure on the part of the Contractor to comply with any order of the Construction Manager made under the provisions of this Subsection, the Construction Manager shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated elsewhere in these Specifications shall apply for this paragraph also. 1.18 UNNOTICED DEFECTS A. Any defective work or material that may be discovered by the Owner, Construction Manager, or Architect before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the Owner, Construction Manager, or Architect to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. 1.19 RIGHT TO RETAIN IMPERFECT WORK A. If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Contract Documents, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable. 1.20 WEATHER CONDITIONS A. Seasonal weather conditions shall be considered in the planning and scheduling of work influenced by high or low ambient temperatures or precipitation to ensure the completion of the Work within the Contract Time. Time extensions shall only be granted in accordance with Subsection 1.11, Time Extensions of Section 00280, Construction Schedule. B. During periods when weather or other conditions are unfavorable for construction, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose acceptable quality or efficiency will be affected by any unfavorable conditions shall be constructed while those conditions exist. C. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00140 - General Conditions Page 9 of 11 "" ~ 1.21 CONTRACTOR'S DAILY REPORT A. The Contractor shall submit Daily Reports to the Construction Manager, for all days where any work was performed. The Daily Report shall be submitted within 2 working days of the date the work was performed. The Daily Report shall include the following information: I. The date. 2. General weather conditions. 3. Daily workforce of the Contractor. 4. Daily workforce of each Subcontractor. 5. Description of all work that was started. 6. Description of all work that is ongoing. 7. Description of all work that was completed. 8. All nonconforming and unsatisfactory items to be corrected. B. The Construction Manager shall have the right to withhold processing of payment requests until all of the Contractor's Daily Reports have been received and approved by the Construction Manager. 1.22 NOTICE TO RECORD SOUND, VIDEO AND/OR BOTH A. The Contractor is hereby notified that the Owner or any of its representatives may, at any time, and without further notice to the Contractor, record sound, video, and/or both during any phase of the Contractor's prosecution of the work, and/or during any meetings held by any individuals or entities involved in any portion of this Project. 1.23 ASSIGNMENT OF CONTRACT A. Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, is void unless such assignment has had prior written approval of the Owner, and the Surety has been given due notice of such assignment in writing and has consented thereto in writing. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00140 . General Conditions.doc Page 10 of 11 02 312 1.24 WARRANTY OF TITLE A. No material, supplies, or equipment for the work under this 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 the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the Owner from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00140 - General Conditions Page 11 of 11 02 312 SECTION 00150 SPECIFIC CONDITIONS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Project Schedule 1.04 Weather Delay Days 1.05 Award of Contract 1.06 Project Specifications and Plans 1.07 Prevailing Wage and Certified Payroll Requirements 1.08 Liquidated Damages Amount 1.09 General Non-Discrimination Requirements 1.10 Percentage of Work Required to be Performed by the Contractor 1.11 Not used 1.12 Contractor License Requirements 1.13 Permit, Inspection, License, and Notification Requirements 1.14 SCRRA Right-of-Entry Permit Requirement 1.15 SWRCB Permit Requirement 1.16 Access to the Site and Use of the Premises 1.17 Subcontracts 1.18 Working Hours 1.19 City Holidays 1.20 Emergency Information 1.21 Plans and Specifications to be Provided 1.22 City Provided Working Space 1.23 Acceptance of Site 1.24 Maintenance of Existing Plantings, Improvements, and Facilities 1.25 Limits of Work 1.02 RELATED SECTIONS A. Section 00120 Scope of Work B. Section 00130 Sample Contract C. Section 00140 General Conditions D. Section 00200 Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract E. Section 00280 Construction Schedule F. Section 00370 Temporary Construction Facilities and Construction Site Requirements G. PART II TECHNICAL SPECIFICA nONS PREPARED BY PROJECT ARCHITECT SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00150 - Specific Conditions Page 1 of 9 H. APPENDIX A - FEDERAL REQUIREMENTS 1.03 PROJECT SCHEDULE A. The following is the project schedule: ADVERTISEMENT AND BIDDING SCHEDULE Start Advertisement 04/01/02 Optional Pre-Bid Meeting (At project location): 04/18/02, 1-4 PM City will accept Questions Prom Bidders until: 05/1 0/02, 5 PM City will respond To Questions, Issue Addendum: OS/20/02, 5 PM City will open Bids on: 06/13/02, 3 PM CONTRACT AWARD AND APPROVAL SCHEDULE City Council will Award Of Contract: 07/15/02 Preliminary Meeting #1 with Contractor: 08/01/02,9 AM Contractor submits signed contracts, bonds, insurances to City: 08/01/02 Preliminary Meeting #2 with Contractor: 08/08/02, 9 AM Contractor obtains Business License From City (Contractor pays for Business License, cost is not reimbursable) (all subcontractors are also 08/08/02 required to obtain City Business License prior to performing any work): Contractor obtains Construction Permits Prom City Departments (no fee permits) ) (all subcontractors are also required to obtain Construction 08/15/02 Permits prior to performing any work): City provides a fully executed contract to Contractor: 08/15/02 Pre-construction Meeting with Contractor: 08/15/02, 9 AM NOTICE TO PROCEED Notice to Proceed will be issued at the Pre-construction Meeting with effective start date of construction for 08/26/02. CONSTRUCTION START AND COMPLETION SCHEDULE Start Construction on: 08/26/02 Substantial Completion shall be achieved for Base Bid work by: 10/31/03 If any or all Additive Alternate Bid Items is added to the Contract by the City on or before 02/10/03, the Substantial Completion Date shall remain 10/31/03 unchanged. Base Bid and all Additive Alternate Bid Work added to the Contract shall be completed by: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00150 . Specific Conditions.doc Page 2 of 9 O~ 312 B. The City has the right to extend any of its deadline dates for completion of any of the above tasks for which the City is responsible to meet. If for any reason, the City extends its deadline for any of the tasks above for which the City is responsible to meet, the Contractor will receive additional days for its succeeding task deadline impacted by the City's delay equal to the number of working days by which the City extended its deadline. C. The duration of time between the Notice to Proceed and the Contract Completion Date shall be of the essence. The Contractor shall prosecute the work so that the various portions of the project shall be completed and ready for use within the time specified in this Section. D. It is expressly understood and agreed by and between the Owner and the Contractor that the duration of time between the Notice to Proceed and the Contract Completion Date specified herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the Work. 1.04 WEATHER DELAY DAYS A. Weather delay days will be provided when warranted. 1.05 A WARD OF CONTRACT A. A ward of the contract will normally be made by the Mayor and the City Council at the first or second regular meeting following the opening of the Bids. The Bidder to whom the Contract is awarded shall file with the City Clerk all required Bonds and Insurance Certificates required by these Specifications and shall execute the Contract within 10 calendar days after receiving notification of Award of Contract. Failure to file the stipulated documents and execute the Contract within the prescribed time shall constitute good and sufficient grounds for rescission of the Award of Contract and forfeiture to the City of the Bidder's Bid Guarantee accompanying this proposal. B. The Award of Contract, if awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed in the Contract Documents, and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. M~eting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for A ward of Contract. 1.06 PROJECT SPECIFICATIONS AND PLANS A. The Project Specifications include Part I - Administration, prepared by Transtech Engineers, Inc., Part II ~ Technical Specifications. prepared by Architect Milford Wayne Donaldson, F AlA and its subconsultants. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00150 . Specific Conditions.doc Page 3 of 9 " B. In addition to the Specifications identified in 1.06-A above, and except where amended by these Specifications, any addenda, or any other Contract Documents, the Project Specifications shall include PART I-GENERAL PROVISIONS of the Standard Specifications for Public Works Construction. 2000 Edition, as if it were fully stated herein. C. The Project plans are those plans prepared by Architect Milford Wayne Donaldson, FAIA and its subconsultants. 1.07 PREV AILING WAGE AND CERTIFIED PAYROLL REQUIREMENTS A. Federal Davis-Bacon provisions and California State Prevailing Wage provisions shall apply on this Project. The Contractor shall pay the higher of the latest Federal or State Prevailing Wage Determination. The Owner will fumish to the Contractor, upon request, a copy of such prevailing rates. B. Bidders shall promptly notify the Owner, in writing, about all the classifications of labor not listed in the prevailing wage determinations, but necessary for the performance of the Work, before Bids are submitted. C. Prevailing Wage Rates shall include all employer payments that are required by Federal and/or State Law. D. The Contractor shall post a copy of all prevailing wages at the job site. E. The Contractor shall be subject to the provisions and penalties of Federal and/or State Law for each worker paid less than the stipulated Prevailing Wage Rate for any Work prosecuted by the Contractor or any of its subcontractor at any tier, in violation of Federal and/or State Law. F. In addition to any penalties, the difference between such stipulated Prevailing Wage Rates and the amounts actually paid to each worker for each calendar day, or portion thereof, for which each worker was paid low than the stipulated Prevailing Wage Rate shall be paid to each worker by the Contractor. G. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing in the Contract Documents shall be construed to prevent the Contractor from paying more than the stipulated Prevailing Wage Rate. H. No extra compensation whatsoever shall be paid to the Contractor by the Owner because of the Contractor's inability to hire labor at the stipulated Prevailing Wage Rate, nor for any necessity of the Contractor to pay for subsistence, travel time, overtime, or other added compensation. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00150 - Specific Conditions Page 4 of 9 " - -02 312 I. During the course of all work, in accordance with Federal and State Law, the Contractor and its subcontractors at any tier shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked for each day and for each week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor or any of its subcontractors at any tier. 1. The payroll records shall be certified and shall be available for inspection during Work hours at the Contractor's Project Office on the following basis: I. A certified copy of each employee's payroll record shall be made available for inspection by said employee, or upon request, a certified copy of the employee's payroll record shall be furnished to said employee, or his or her authorized representative. 2. A certified copy of all payroll records shall be made available for inspection, or, upon request, shall be furnished to any representative of the Owner, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Califomia Labor Code. The Contractor and its subcontractors at any tier are responsible for compli':lnce with the provisions of Section 1776 of the California Labor Code. 1.08 LIQUIDATED DAMAGES AMOUNTS A. Execution of the Contract by the Contractor and the City under these Bid and Contract Documents shall constitute agreement by the Contractor and the City of the Project Liquidated Damages provisions of Paragraph 1.l1(A) of Section 00200. Delavs. Extensions, Liquidated Damages, Suspension of Work. and Termination of Contract. The amount of such Project Liquidated Damages shall not be less than Seven Thousand Five Hundred ($7,500) per calendar day for the Contractor's failure to complete the Work on or before the Substantial Completion Date, including any Time Extensions approved by the Owner. B. Execution of the Contract by the Contractor and the City under these Bid and Contract Documents shall constitute agreement by the Contractor and the City of the Construction Schedule Liquidated Damages provisions of Paragraph 1.07(A) of Section 00280, Construction Schedule. The amount of such Construction Schedule Liquidated Damages shall not be less than Two Thousand Five Hundred Dollars ($2,500) per calendar day starting the 26th working day after A ward of Contract and continuing until the Contractor has obtained acceptance of the Construction Schedule. 1.09 GENERAL NON-DISCRIMINATION REQUIREMENTS A. The City will not discriminate against any potential Bidders on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for any award of contract. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC 00150 - Specific Conditions.doc Page 50f9 B. The Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap. C. The Contractor shalf comply with the Americans with Disabilities Act. 1.1 0 PERCENTAGE OF WORK REQUIRED TO BE PERFORMED BY THE CONTRACTOR A. The Contractor is required to perform, with its own organization, Contract Work amounting to at least twenty-five percent (25%) ofthe Contract Price. 1.11 NOT USED 1.12 CONTRACTOR LICENSE REQUIREMENTS A. In accordance with provisions of California Public Contract Code Section 3300, the Owner has determined that the Contractor shall possess a valid Class B License at the time that the Contract is awarded. Failure to possess the specified license shall render the bid as nonresponsive. 1.13 PERMIT, INSPECTION, LICENSE, AND NOTIFICATION REQUIREMENTS A. The Contract is responsible for obtaining all permits and licenses and payment of all associated fees and charges. No fees will be collected from the Contractor or its subcontractors for any permits issued to the Contractor from the City; however, the Contractor and Subcontractors will be required to obtain and pay for a City Business License. B. The Contractor is responsible for all necessary department and agency notifications incidental to the due and lawful prosecution of the Work. C. The City will provide standard Building Department and Public Works Department inspections. The Contractor shall arrange and pay for all other inspections required by City Ordinance or by any other agency having jurisdiction, including tests in connection therewith, as required by these Specifications. 1.14 SCRRA RIGHT-OF-ENTRY PERMIT REQUIREMENT A. Contractor shall secure a "Right-of-Entry" permit from The Southern California Regional Rail Authority (SCRRA). Contact: Tom Hanley, phone number (213) 452-0256. SCRRA requirements for construction activities around and within the right-of-way shall be included in the Contractor's scope of work for this project. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC, 00150 - Specific Conditions.doc Page 6 of9 02 312 1.15 SWRCB PERMIT REQUIREMENT A. Contractor shall secure, as part of the scope of work, a State Water Resource Control Board (SWRCB) storm water permit at no additional cost to the owner. 1.16 ACCESS TO THE SITE AND USE OF THE PREMISES A. Amtrak train and bus service will occupy the site and temporary facilities during the construction period. Metrolink will continue to occupy the platform area directly west and rails I and 2 north of the Depot building during the construction period. The Contractor is to provide for uninterrupted Amtrak ticket, rail and bus connection services, and Metrolink passenger rail service throughout the contract period. Contractor will be required to coordinate and supply temporary facilities for Amtrak and Metrolink. Some construction operations will be affected when trains are present. The Contractor must coordinate deliveries, noisy operations, utility interruptions, and construction activities to allow access and avoid interruptions of normal operations for Amtrak and Metrolink. B. Contractor shall have access to the entire building and the limits of construction as shown in the construction documents. Contractor shall be responsible to secure the site while maintaining access required by Amtrak and Metrolink. Deterioration or damage to existing adjacent driveways, landscape and sidewalks, shall be repaired to similar condition found at the beginning of construction, except as noted in the construction documents. 1.17 SUBCONTRACTS A. Subcontracts shall comply with these specifications. 1.18 WORKING HOURS A. Construction shall be allowed only between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays. No work will be allowed on Saturdays, Sundays and legal Holidays observed by the City, unless otherwise approved by the Owner. B. Working hours in traffic lanes will be restricted to between the hours of 8:30 AM. and 3:00 PM, and, except as otherwise approved by the City Engineer. C. The Contractor shall be responsible for any additional inspection costs, administration costs, or construction management costs incurred by the Owner for work by the Contractor outside the hours defined in this Subsection. Such costs shall be withheld from the succeeding monthly progress payment. Any work specifically required to be performed outside the normal working hours by the Project Docum::-.:s is excluded from the provisions of this paragraph. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC, 00150 - Specific Conditions.doc Page 7 of9 D. The Contractor shall notify, and obtain permissIOn from, the Construction Manager before noon on the preceding working day for any work proposed to be performed outside of the defined normal working hours. 1.19 CITY HOLIDAYS A. During City observed holidays, inspections by either the Construction Manager or the Building Department will not be available. 1.20 EMERGENCY INFORMA nON A. The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Office of the City Engineer and the City Police Department prior to beginning work. 1.21 PLANS AND SPECIFICATIONS TO BE PROVIDED A. The City will provide the Contractor with three (3) sets of full size plans, two (2) sets of reduced size plans (15" x 21 "), and five (5) sets of specifications at no cost after the Award of Contract. The Contractor shall obtain all additional sets at its own cost. 1.22 CITY PROVIDED WORKING SPACE A. The Contractor shall be responsible for storing its materials and equipment as necessary. The City will provide to the Contractor vacant land near the Project. The Contractor will be allowed to install a construction trailer, store its equipment and materials, and park construction workers' vehicles in this area. All costs associated with using the designated area, fencing, and reconstructing the area after completion of the Project is assumed to have been included in the lump-sum bid price indicated by the Bidder in the bid schedule, and no additional compensation will be allowed. B. If the Contractor needs additional space other than that provided by the City, it shall make necessary arrangements to find additional space within close proximity of the Site and pay all associated costs for the additional space. The City will not allow keeping equipment, materials, vehicles, removed items, debris, etc within the public right-of-way, unless said right-of-way is included in the City Provided Working Space. 1.23 ACCEPTANCE OF SITE A. The Contractor shall accept the site and the character of the work as they exist on the first day of work under this contract. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC, 00150. Specific Conditions Page 8 of 9 02 3\2 1.24 MAINTENANCE OF EXISTING PLANTINGS, IMPROVEMENTS, AND FACILITIES: A. The Contractor shall protect and maintain all existing trees and shrubs (plantings) to remain from the first day of work under this contract to acceptance. In similar fashion, Contractor shall protect and maintain all improvements and facilities in place to remain from the first day of work under this contract to acceptance. Contractor shall notify the Public Services Director or hislher designee of any damage to any existing plantings, improvements or facilities as soon as practical. Contractor shall replant or repair any damage to the satisfaction of the Public Services Director or hislher designee at no cost or extra burden to the City. 1.25 LIMITS OF WORK A. Limits of work shall be the legal property boundaries of the site unless modified by Contract limit lines indicated on the plans or as noted otherwise. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00150 - Specific Conditions Page 9 of 9 .. ~ 02 312 SECTION 00160 RIGHTS, REPRESENTATION, RESPONSIBILITIES, AND ROLE OF THE CITY AS OWNER 1.0 I SECTION INCLUDES A. 1.02 Related Sections 1.03 City as Owner Versus City as Code Enforcement Agency 1.04 Owner's Rights 1.05 Owner's Representation 1.06 Owner's Right to Use or Occupy Prior to Substantial or Project Completion 1.07 Owner's Right to Perform Work and to Award Separate Contracts 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00170 Construction Manager's Responsibilities and Role C. Section 00180 Architect's Responsibilities and Role D. Section 00190 Contractor's Responsibilities and Role E. PART II - TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT F. APPENDIX A - FEDERAL REQUIREMENTS 1.03 CITY AS OWNER VERSUS CITY AS CODE ENFORCEMENT AGENCY A. Where referred to throughout these Contract Documents, unless specifically stated otherwise, the City is to be interpreted as the Owner of this Project. It is the Contractor's responsibility to understand the distinction between the City as an Owner, and the City as the jurisdiction having Code enforcement responsibility. All obligations of the Contractor to request Code required inspections from the Building Department shall not be addressed with City representatives acting in the capacity of Project Owner. 1.04 OWNER'S RIGHTS A. The Owner, acting through the Construction Manager, shall have the authority to act as the sole judge of the quality of the Work performed by the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00160-Rights, Responsibilities, Role of City as Owner CITY OF SAN BERNARDINO Page 1 of 3 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. B. In addition to the Construction Manager, the Owner may employ one or more inspectors to observe the Work and to act in matters of construction as specified in the Contract Documents. Any inspectors hired by the Owner are not authorized to revoke, alter, or waive any requirements of the Contract Documents. The inspectors are authorized to call the attention of the Contractor and the Construction Manager to any failure of the Work to conform to the Contract Documents. Only the Owner or Construction Manager shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for its decision. C. The project shall be inspected by the Building Department having jurisdiction and any other agencies having jurisdiction for compliance with legally enforceable Codes, Laws, Ordinances, regulations, etc. Said inspections shall be performed separately and independently from any other inspections provided by the Owner or Construction Manager. Such inspectors shall have the full authority provided to them in accordance with Federal and State Law and Municipal Ordinance. D. The Owner reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, Owner, and/or any property or equipment. In the event that the Owner exercises this right, an appropriate Contract Change Order shall be issued unilaterally deducting from the monies then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work. The costs shall include compensation for the Architect's, the Construction Manager's, and/or the Owner's additional services made necessary by such default, neglect, failure or emergency. 1.05 OWNER'S REPRESENTATION A. The Owner shall be represented by the Construction Manager. The Architect and its consultants, working under the direction of the Construction Manager, will provide technical assistance to the Owner and the Construction Manager. The responsibilities and roles for the Construction Manager and the Architect as the representatives of the Owner during the construction are set forth in these Specifications, and will not be modified or extended without written direction from the Owner of the Owner to the Construction Manager, Architect, and Contractor. B. The Construction Manager's designated representative(s) will normally be at the Project Site. During absences of the Construction Manager's designated representative(s), the Contractor may contact other individuals identified by the Construction Manager. C. In case of the termination of the employment of the Construction Manager or the Architect, the Owner shall appoint a new Construction Manager or Architect whose status under the Contract Documents shall be that of the former Construction Manager or Architect, respectively. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00160-Rights, Responsibilities, Role of City as Owner Page 2 of 3 02 312 1.06 OWNER'S RIGHT TO USE OR OCCUPY PRIOR TO SUBSTANTIAL OR PROJECT COMPLETION A. The Owner reserves the right prior to Substantial Completion, to occupy or use any completed part of the Work, providing these areas have been approved for occupancy by both the Building Department having jurisdiction and any other agency having jurisdiction. The exercise of this right shall in no way constitute an acceptance of such part of the Work, nor shall occupancy or use of such parts in any way affect the dates and times when progress payments shall become due from the Owner to the Contractor nor in any way prejudice the Owner's rights in the Contract, nor any bonds guaranteeing the same. B. Prior to such occupancy or use as specified in Paragraph 1.06(A) above, the Owner and Contractor shall agree in writing regarding the responsibilities assigned to each party for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction or completion of remaining Work, and the commencement of warranties required by the Contract Documents. C. In exercising the Owner's right to occupy or use completed parts of the Work prior to Substantial Completion, the Owner shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion. Failure to include a part of the Work in the above section, shall not limit the Owner's right to use or occupy parts of the Work not listed. 1.07 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS A. The Owner reserves the right to perform the work related to the Project with the Owner's own forces and to award separate Contracts in connection with the Project, or other work on the Site, under these or similar conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the Owner, the Contractor shall make such claim in accordance with Section 00220, Claims and Resolution of Claims. B. When separate Contracts are awarded for different portions of the Project, or other work on the Site, the term "Contractor" in the Contract Documents in eac1 ca&e shall mean the Contractor who executes each separate Contract. C. The Owner will provide for coordination of the work of the Owner's own forces and of each separate Contractor working separately for the Owner with the Work of the Contractor, who shall cooperate in accordance with the Subsection 1.17, Cooperation Between Owner and Contractor of Section 00140, General Conditions. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00160-Rights, Responsibilities, Role of City as Owner CITY OF SAN BERNARDINO Page 3 of 3 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 02 3\2 SECTION 00170 CONSTRUCTION MANAGER'S RESPONSIBILITIES AND ROLE 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Construction Manager's Responsibilities and Role 1.04 Inspection of Construction 1.05 Interpretations 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00160 Rights, Representations, Responsibilities and Role of the City as Owner C. Section 00180 Architect's Responsibilities and Role D. Section 00190 Contractor's Responsibilities and Role E. Section 00200 Delays, Extensions, Liquidated Damages, Suspension of Work, and Termination of Contract F. Section 00210 Changes to the Contract G. Section 00220 Claims and Resolution of Claims H. Section 00230 Retention I. Section 00330 Submittals J. PART II - TECHNICAL SPECIFICATIONS PREPARED BY THE PROJECT ARCHITECT K. APPENDIX A - FEDERAL REQUIREMENTS 1.03 CONSTRUCTION MANAGER'S RESPONSIBILITIES AND ROLE A. The Construction Manager is a representative of the Owner employed to act as advisor and consultant to the Owner in project management, construction, and administrative matters relating to this Project. The Construction Manager will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00170 - CM's Responsibilities and Role Page 1 of 3 B. All instructions to the Contractor will be through the Construction Manager, although the Owner reserves the right to communicate directly with the Contractor. All communications from the Contractor to the Owner or the Architect shall be forwarded through the Construction Manager. C. The Construction Manager's initial authority shall include, but not be limited to, the following: I. Initiate Contract Change Orders. 2. To negotiate and recommend acceptance of Contract Change Orders to the Owner. 3. To reject Contract Change Orders proposed by the Contractor or the Architect. 4. To process progress payments. 5. To make Contract decisions. 6. To determine the performance and rate of progress of the Contractor's work. 7. To determine the acceptability of the Contractor's work. 8. To determine the acceptability of the furnished materials. 9. To make decisions regarding early possession. D. The Contractor shall look initially to the Construction Manager in matters relating to the Contract Documents. E. The Construction Manager's authority and any decisions made by it in good faith, either to exercise or not to exercise such authority, shall not give rise to any duty or responsibility of the Owner or Construction Manager to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. F. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. 1.04 INSPECTION OF CONSTRUCTION A. The Construction Manager will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. B. The Construction Manager shall have the initial authority to reject work and materials which do not conform to the Contract Documents, and to require additional inspection and/or testing. C. The Construction Manager may employ one or more inspectors to observe the Work and to act as the Construction Manager in matters of construction under this Contract. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00170 - CM's Responsibilities and Role Page 2 of 3 .. - 02 ~12 D. The Construction Manager, with the assistance of the Architect will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the Owner, for the Owner's review, written warranties, and reIated documents required by the Contract and assembled by the Contractor. 1.05 INTERPRETATIONS A. The Construction Manager shall have the authority to make interpretations of the administrative and technical requirements of the Contract Documents. B. The Contractor shall refer in writing all questions regarding the meaning and intent of the Contract Documents to the Construction Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) working days ofreceipt of such request. The Construction Manager shall review such requests and render such interpretation as deemed appropriate by the Construction Manager. C. Where the Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the Owner, any work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to Owner. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00170 . CM's Responsibilities and Role Page 3 of 3 02 312 SECTION 00180 ARCHITECT'S RESPONSIBILITIES AND ROLE 1.01 Section Includes A. 1.02 Related Sections 1.03 Site Visits by the Architect 1.04 Submittal Review 1.05 Architect' Right to Supplement Contractor's Submittal Material 1.06 Artistic Effect 1.02 Related Sections A. Section 00130 Sample Contract B. Section 00160 Rights, Representations, Responsibilities and Role of the City as Owner C. Section 00170 Construction Manager's Responsibilities and Role D. Section 00190 Contractor's Responsibilities and Role E. Section 00330 Submittals F. PART II - TECHNICAL SPECIFICATIONS PREPARED BY THE PROJECT ARCHITECT G. APPENDIX A - FEDERAL REQUIREMENTS 1.03 SITE VISITS BY THE ARCHITECT A. When requested by the Construction Manager, the Architect may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Architect will not be required to make extensive or continuous on-site inspections to check the quality or quantity of the Work. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00180 - Architect's Responsibilities and Role Page 1 of 3 1.04 SUBMITTAL REVIEW A. All submittals shall be made to the Construction Manager. The Contractor shall submit, through the Construction Manager, all Submittals in accordance with these Specifications. The Architect will review Submittals in accordance with the Section 00330. Submittals. B. Submittal review by the Architect is not conducted for the purpose of determining the accuracy and completeness of submittal details such as, but not limited to, dimensions and quantities nor for substantiating instructions for installation or performance of equipment or systems designed by the Contractor to the extent required by the Contract Documents. C. The Architect's review, with or without acceptance, of any Submittal shall not constitute approval of the Contractor's safety precautions, means, methods, techniques, sequences, or procedures. D. The Architects acceptance of a specific item shall not indicate approval of an assembly of which an item is a component nor shall it relieve the Contractor of the Contractor's responsibility for safety precautions, means, methods, techniques, sequences, or procedures. E. When professional certification of the performance characteristics is required by the Contract Documents for materials, systems or equipment, the Architect shall be entitled to rely upon such certification to establish that the proposed materials, systems, or equipment meet the performance criteria required by the Contract Documents. 1.05 ARCHITECT'S RIGHT TO SUPPLEMENT CONTRACTOR'S SUBMITT AL MATERIAL A. After the Architect's first Submittal review, and with the approval of the Construction Manager, the Architect may prepare any additional plans, sketches, details, or similar clarifying material where such material is necessary to insure that the requirements and the intent of the Contract Documents are fully complied with by the Contractor, subcontractors at any tier, or the suppliers. B. Before granting its approval, the Construction Manager shall determine that the preparation of the additional clarification material specified in Paragraph 1.05(A) above is necessary to maintain the timely prosecution of the Work, except that the Construction Manager shall have the right to grant approval after the Architect's first recheck of the Submittal regardless of the timeliness of the Submittal or the Work. C. The Architect shall submit an invoice for all costs associated with preparing the additional clarification material specified in Paragraph 1.05(A) above to the Construction Manager. Upon review and acceptance of the invoice, the Construction Manager shall have the right to deduct the invoice amount from any monies owed or to be owed the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00180. Architect's Responsibilities and Role Page 2 of 3 02 3'~ 1.06 ARTISTIC EFFECT A. The Owner shall have the final authority to decide matters relating to the artistic effect required by the Contract Documents. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC, 00180 - Architect's Responsibilities and Role Page 3 of 3 SECTION 00190 CONTRACTOR'S RESPONSIBILITIES AND ROLE 1.01 SECTION INCLUDES A. 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 Related Sections Project Office and Legal Address Contractor's Designated Representative Contractor's Responsibilities and Role Contractor's Responsibility for the Work and Materials Subcontractor's Role and Requirements Contractor's Equipment and Facilities Public Safety and Convenience Laws to be Observed Overtime Requirements Apprentice and Trainee Contractor's Safety Responsibility Safety Program Safety Supervisor Safety Coordination Meetings Safety and Protection of People and the Site Excavation Safety Safety Emergencies Safety Violations Equipment Safety Provisions Means and Methods Storage of Materials Hazardous Materials Dust Control Payment for Patents and Patent Infringement Payment of Taxes Payment for Labor and Materials Waiver of Liens Social Security Act 1.02 RELATED SECTIONS A. Section 00130 Sample Contract ..... - {)2 312 B. Section 00160 Rights, Representation, Responsibilities, and Role of the City as Owner C. Section 00170 Construction Manager's Responsibilities and Role D. Section 00180 Architect's Responsibilities and Role E. Section 00220 Claims and Resolution of Claims SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 1 of 15 F. Section 00240 WaITantee G. Section 00250 Insurance Requirements H. Section 00260 Progress Meetings 1. Section 00270 Project Record Documents 1. Section 00280 Construction Schedule K. Section 00290 Schedule of Values L. Section 00330 Submittals M. Section 00340 Quality Control N. Section 00350 Inspection, Testing, and Sampling O. Section 00360 Acceptance of Machinery and Equipment P. Section 00370 Temporary Construction Facilities and Construction Site Requirements Q. Section 00380 Measurement of Quantities R. Section 00390 Project Completion Procedures S. Section 00400 Field Engineering T. Section 00410 Existing Utilities U. Section 00420 Seismic Design and Anchorage of Equipment and Other Appurtenant Facilities V. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT W. APPENDIX A - FEDERAL REQUIREMENTS 1.03 PROJECT OFFICE AND LEGAL ADDRESS A. The Contractor shall provide and maintain on the project site a suitable office or other protected area in which shall be kept project copies of the Contract Documents, Project progress records, Construction Schedule, shop drawings, and other relevant documents which shall be accessible to the Owner, City Building Inspector, and the Construction Manager during normal working hours. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 2 of 15 02 312 B. The Contractor's Project Office shall consist of a Contractor supplied trailer unless written approval is obtained from the Construction Manager to use other facilities. The Project Office shall have a telephone and fax, and shall be established 5 working days prior to start of construction as specified in the City's Notice to Proceed. C. The Contractors office at or around the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication from the City or any of it's representatives. 1.04 CONTRACTOR'S DESIGNATED REPRESENTATIVE A. The Contractor shall notify the Owner in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an employee of the Contractor. B. At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated altemate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract, and to supply materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor's representative or a designated alternate is at the Project site, the Owner acting through the Construction Manager shall have the authority to suspend the work until such a representative is at the Project site. C. Before initial work is begun on the Contract, the Contractor shall file with the Construction Manager, addresses and telephone numbers where the Contractar's, and all subcontractors,' representatives can be reached during all hours, including nights and weekends, when work is not in progress. 1.05 CONTRACTOR'S RESPONSIBILITIES AND ROLE A. It is the Contractor's responsibility to coordinate the Work so as to minimize conflicts and optimize efficiency. B. The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the Owner, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. C. The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00190. Contractor's Responsibilities and Role.doc Page 3 of 15 D. The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appears to the Construction Manager to be incompetent, or to act in a disorderly, inappropriate or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Construction Manager, and such person shall not again be employed on the Project. E. The Contractor shall coordinate scheduling, submittals, inspection, and work done in accordance with all sections of these Specifications and the Plans to assure efficient and orderly sequence of installation of interdependent construction elements, with all provisions necessary for accommodating items installed later. 1.06 CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS A. Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein. The Contractor shall bear the risk of injury, loss, or damage, to any part thereof, regardless of whether partial payments have been made on such damaged portions of the Work. B. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials damaged by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the Owner. 1.07 SUBCONTRACTOR'S ROLE AND REQUIREMENTS A. Subcontractors will not be recognized as having a direct relationship with the Owner. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work, and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the Owner for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. B. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the Owner, the Construction Manager, or the Architect shall be interpreted as requiring that the Contractor shall require such su')contractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 4 of 15 02 31.2 C. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the Owner. 1.08 CONTRACTOR'S EQUIPMENT AND FACILITIES A. The Contractor shall fumish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable Ordinances and Laws. B. City property or public streets shall not to be used for Contractor or Subcontractor parking, staging, and/or material storage areas without the written approval of the City. 1.09 PUBLIC SAFETY AND CONVENIENCE A. The Contractor shall conduct its work so as to insure the least possible obstruction to traffic, and inconvenience to the general public and the residents in the vicinity of the Work. B. The Contractor shall insure the protection of persons and property at no extra cost to the Owner. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public. 1.10 LAWS TO BE OBSERVED A. The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all Municipal Ordinances and Regulations of the City which in any manner affect those engaged or employed in the Work, and of all such orders and decrees of regulatory bodies having any jurisdiction or authority over the same. The Contractor shall protect and indemnify the Owner and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such Laws, Ordinances, Regulations, orders, or decrees whether by the Contractor, its employees, or any of its subcontractors. B. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any such laws, ordinances, regulations, orders, or decrees, the Contractor shall immediately report the same to the Construction Manager in writing. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00190 - Contractor's Responsibilities and Role Page 5 of 15 1.11 OVERTIME REQUIREMENTS A. The Contractor shall forfeit, as a penalty to the Owner, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in anyone day and forty (40) hours in anyone week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (l 11) times the basic rate of pay as provided for in Section 1815 of the Labor Code. 1.12 APPRENTICE AND TRAINEE A. The Contractor shall comply with all regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor at any tier in accordance with the provisions of 1777.5 of the California Labor Code. B. Section 1777.5 of the California Labor Code requires the Contractor and its subcontractors employing trades persons in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the Project which administers the Apprenticeship Program in that trade for a Certificate Of Approval. The Contractor and its subcontractors are required to submit Award of Contract information to the applicable Joint Apprenticeship Committee. C. Section 1777.5 of the California Labor Code requires the Contractor and its subcontractors employing trades persons in any apprentice able occupation to make contributions to funds established for the administration of apprenticeship programs. D. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Califomia Labor Code, and to require all subcontractors at any tier to abide by said provisions. The Contractor shall fumish the Owner any and all evidence of compliance with Section 1777.5 of the Califomia Labor Code when requested by the Owner or any of its representatives. E. The Contractor shall be subject to the penalties prescribed in Section 1777.7 of the California Labor Code for failure to comply with Section 1777.5 of the Califomia Labor Code. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00190 - Contractor's Responsibilities and Role Page 6 of 15 02 ~12 1.13 CONTRACTOR'S SAFETY RESPONSIDILITY A. The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety' of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and City laws, ordinances, regulations, codes, the requirements set forth below, and any regulations that may be detailed in other parts of the Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. B. No provision of the Contract Documents shall act to make the Owner, the Construction Manager or any other party than the Contractor responsible for safety. The Construction Manager shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the Owner, Construction Manager, Architect, or other authorized representatives of the Owner, from and against any and all actions, damages, fines, suits, and losses arising from the Contractors failure to meet all safety requirements and/or to provide a safe work site. C. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract. D. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim. 1.14. SAFETY PROGRAM A. The Contractor shall establish, implement, and maintain a written mJury prevention program as required by Labor Code Section 6401.7. Before begmning the Work the Contractor shall prepare and submit to the Construction Manager a Contractor Safety Program that provides for the implementation of all of the Contractors safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANS TECH ENGINEERS. INC. 00190 - Contractor's Responsibilities and Role Page 7 of 15 B. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 640 1.7. The program shall also address the following: I. Compliance with Laws, Rules, and Regulations 2. Infractions of Safety Rules, including, but not limited to: a. Reporting to the Contractor's designated Safety Supervisor. b. Contractor enforcement of safety requirements on its subcontractors. c. Removal of noncomplying employees from the Project. 3. Continuous cleaning. 4. The means of implementing the Safety Program, to include, but not be limited to: a. All new employees to receiving training on the Contractor's Safety Program prior to starting work. b. Periodic Tool Box meetings with minutes taken by the Contractor. Copies of Safety Program Tool Box meetings shall be provided to the Construction Manager. c. Documenting safety inspections by the Safety Supervisor. d. Establishing emergency procedures and telephone ,numbers, including the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. (The Contractor shall maintain at its Project Office safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.) e. Providing a Project bulletin board with required policies. f. Identifying at least two employees for each forty (40) workers, but not less than two (2), who have First Aid training and maintain a current First Aid card issued by an agency such as the American Red Cross. g. Completion of a job hazard analysis for specific construction activities. h. Establishing a hazard communication program for informing the Contractor's and subcontractors' personnel, the Construction Manager, the Owner, and other affected parties of specific hazards on the site. 5. Defining the duties and responsibilities of the Contractor management personnel for safety, including, but not limited to: a. The Project Manager. b. The General Superintendent. c. All Foreman. d. All Safety Supervisor(s). 6. Accident Investigation, including, but not limited to: a. Investigating all accidents and near misses. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, lNG, 00190 - Contractor's Responsibilities and Role Page 8 of 15 02 312 b. Developing steps to prevent a reoccurrence. c. Completion of all reporting paperwork. C. The Contractor's compliance with requirements for safety and/or any review by the Construction Manager of the Contractor's Safety Program shall not relieve or decrease the liability of the Contractor for safety. Any review by the Construction Manager of the Contractor's Safety Program is only to determine if the above listed elements are included in the program. 1.15 SAFETY SUPERVISOR A. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor's Safety Supervisor. B. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees, and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The Owner shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the Owner to ensure the Contractor perform its work safely. 1.16 SAFETY COORDINATION MEETINGS A. The Contractor and its affected subcontractors shall attend safety coordination meetings with the Construction Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities. B. Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. C. The Construction Manager will participate in the Safety coordination meetings but will not direct the Contractor on how to perform its safety operations. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00190 . Contractor's Responsibilities and Role Page 9 of 15 -, 1.17 SAFETY AND PROTECTION OF PEOPLE AND THE SITE A. The Contractor shall take all necessary precautions to prevent damage, injury, and loss to: I. All employees on the Project, employees of all subcontractors, and all other persons and organizations who may be affected thereby. 2. All Work, materials, and equipment to be incorporated therein, whether in storage on or off the site. 3. Other property at the site or adjacent thereto, includmg trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction. B. The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by the Contractor, Subcontractor, supplier, or other person or organization to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. 1.18 EXCAVATION SAFETY A. In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit to the Owner, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. B. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. C. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders. Review by the Owner, or any of its representatives, of the Contractor's excavation plan is only for general conformance to the Califomia Construction Safety Orders. D. Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 10 of 15 \02 ~ 1 I 1.19 SAFETY EMERGENCIES A. In emergencies affecting the safety or protection of persons or the Work or properly at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. 1.20 SAFETY VIOLATIONS A. Should the Contractor fail to correct an unsafe condition, the Construction Manager shall immediately notify the Owner of the Contractor's failure to correct the unsafe condition. The Owner shall then notify the Contractor through the Construction Manager that the unsafe condition must be corrected or the work in question will be stopped in accordance with these Specifications until the condition is corrected to the satisfaction of the Owner. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Construction Manager and Owner shall not relieve the Contractor of its sole responsibility and liability for safety. B. The Owner shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur. 1.21 EQUIPMENT SAFETY PROVISIONS A. The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar, ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including Owner-selected equipment subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. B. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by safety codes, this shall be provided. C. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this Subsection. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00190 - Contractor's Responsibilities and Role Page 11 of 15 1.22 MEANS AND METHODS A. It is expressly stipulated that the Specifications, the Plans, any addenda, and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing the Work, except in those instances where the nature of the completed Work is dependent on the method of performance. B. Neither the Owner, the Construction Manager, nor the Architect will be responsible for, or have control or charge of, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. C. Neither the Owner, the Construction Manager, nor the Architect will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. D. Any general control of the Work exercised by the Owner, or any of its designated representatives, shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control. E. Neither the inspection by the Owner, the Construction Manager, nor the Architect, nor any order, measurement, approved modification, nor payment of monies, nor acceptance of any part or whole of the Work by the Owner, the Construction Manager, nor the Architect, nor their agents shall operate as a waiver of any provision of the Contract. F. Acceptance by the Owner, the Construction Manager, or the Architect of any plans, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption ofrisks or liability by the Owner, the Construction Manager, or the Architect, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Owner, the Construction Manager, and/or the Architect has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or fumishing the materials and equipment proposed. 1.23 STORAGE OF MATERIALS A. Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Construction Manager, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed. B. Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced, if necessary to protect the public or the material. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 12 of 15 ()t ~'2 C. Unless otherwise designated in these Specifications, locations and arrangements for storage sites for materials and equipment outside the limits of the Work, shall be selected and maintained by the Contractor at its expense. Full compensation for fumishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefor. D. The Owner shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes. Use of portions of the Owner's area at the site for materials and equipment storage shall be permitted only upon the written approval of the Construction Manager. 1.24 HAZARDOUS MATERIALS A. The storage and handling of potential pollution causing and hazardous materials, including but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, state and federal requirements. B. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets, shall be submitted to the Construction Manager and local Fire Department prior to the delivery of materials to the proj ect. 1.25 DUST CONTROL A. The Contractor shall exercise extra care to minimize the effects from disturbed earth and/or dust. Dust shall be controlled in accordance with the requirements of the South Coast Air Quality Management District and applicable County and State laws. At a minimum, continuous wetting shall be performed any time earth is being disturbed. rfthe water is to be obtained from the City water system, the Contractor shall first obtain approval from the City Water Purveyor. B. The Contractor shall designate at least one person as the Dust Control Monitor. The Monitor shall establish and monitor a Dust Control Program, and shall be authorized to order increased watering as necessary, to prevent transport of dust offsite. The duty of all monitors shall include monitoring the site during holiday and weekend periods when work may not be in progress. The name and telephone number of such person(s) shall be provided to the South Coast Air Quality Management District where required by applicable County and State laws. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 13 of 15 1.26 PAYMENT FOR PATENTS AND PATENT INFRINGEMENT A. All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any'manner connected with the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect and hold the Owner, the Construction Manager, and the Architect, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract including its use by the Owner, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the Owner regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work In this project. 1.27 PAYMENT OF TAXES A. The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract pnce. 1.28 PAYMENT FOR LABOR AND MATERIALS A. The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the Owner, the Contractor shall furnish proof of payment of such accounts to the Owner. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 . Contractor's Responsibilities and Role Page 14 of 15 02 312 1.29 WAIVER OF LIENS A. The Contractor is responsible for the payment of all bills for labor and materials furnished by the subcontractors and suppliers on this project. The General Contractor shall deliver to the City unconditional Lien Waivers and/or Releases from itself and from each of its subcontractors and suppliers, and at such time the Contractor shall certify that it is submitting such lien waivers for all subcontractors and suppliers involved. B. If any liens are filed against the City property, the City may, at its option, demand that the Contractor immediately provide a bond in accordance with State Statutes. 1.30 SOCIAL SECURITY ACT A. The Contractor agrees to comply with, and to require all of his subcontractors to comply with, all the provisions of the Act of Congress approved August 14, 1935, known and cited as the "Social Security Act" and also the provisions of the Act of the State Legislature approved, and known as the State Unemployment Compensation Law, and all other laws and regulations pertaining to labor and workmen, and all amendments to such data. B. The Contractor further agrees to indemnify and hold harmless the City of, and from, any, and all, claims and demands made against it by virtue of the failure of the Contractor, or any subcontractors, to comply with the provisions of any, or all of, said acts and amendments. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00190 - Contractor's Responsibilities and Role Page 15 of 15 02 312 SECTION 00200 DELAYS, EXTENSIONS, LIQUIDATED DAMAGES, SUSPENSION OF WORK, AND TERMINATION OF CONTRACT 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Types of Delays 1.04 Notice of Delays 1.05 Compensable Delays 1.06 Type of Compensation 1.07 Weather Delay Days 1.08 Concurrent Delays 1.09 Indirect Overhead 1.10 Time Extensions 1.11 Liquidated Damages 1.12 Temporary Suspension of Work 1.13 Termination of Contract 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00150 Specific Conditions C. Section 00170 Construction Manager's Responsibilities and Role D. Section 00210 Changes to the Contract E. Section 00220 Claims and Resolution of Claims F. Section 00280 Construction Schedule G. Section 00290 Schedule of Values H. Section 00300 Compensation and Payment 1. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT J. APPENDIX A - FEDERAL REQUIREMENTS SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 1 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 1.03 TYPES OF DELAY A. Delays shall consist of the following types: 1. Abnormal Delays shall be defined as delays in the prosecution of the Work caused by acts of God, fire, unusual weather, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and similar acts which prevent the Contractor from employing at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours p-:r day towards completion of the current critical activity (ies) on the latest Construction Schedule accepted by the Construction Manager. 2. Differing Site Condition Delays shall be defined as delays in the prosecution of the Work due to the existence of site conditions which are different than the site conditions assumed to occur in the Contract Documents. 3. Excusable Delays shall be defined as delays in the prosecution of the Work which result from causes beyond the control of both the Contractor and the Owner, and which could not have been avoided by the exercise of care, prudence, foresight, and/or diligence on the part of the Contractor, its subcontractors at any tier, or its suppliers. 4. Material Shortage Delays are defined as, and shall comply with the following: a. Material Shortages shall be defined as delays in the prosecution of the Work which result from causes beyond the control of both the Contractor and the Owner, and which could not have been avoided by the exercise of care, prudence, foresight, and/or diligence on the part of the Contractor, its subcontractors at any tier, or its suppliers. b. The Contractor must demonstrate to the satisfaction of the Construction Manager that every option available to the Contractor has been employed to obtain such materials from all known sources. Only the physical shortage of said material will be considered as justification for a time extension. c. No consideration for a time extension shall be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless the Contractor can demonstrate to the satisfaction of the Construction Manager that such material could only have been obtained at exorbitant prices, that are inconsistent with normal, current rates, taking into account the quantities involved and usual practices in obtaining such quantities. d. A time extension for material shortage will not be considered for material ordered or delivered late, or whose availability is/was affected by mishandling of the procurement by the Contractor, its subcontractors at any tier, or its suppliers. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 2 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. " - 02 312 e. No extension of time for material shortage will be granted unless the Contractor either obtains advance written approval from the Construction Manager or obtains from the supplier and fumishes to the Construction Manager documentation that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather conditions necessitating the cessation of work, or other similar acts. 5. Non-Excusable Delays shall be defined as delays in the prosecution of the Work which could have been avoided by the exercise of care, prudence, foresight, and/or diligence on the part of the Contractor, its subcontractors at any tier, or its suppliers. 6. Owner Caused Delays shall be defined as delays caused by the action or inaction of the Owner. Such delays include those caused by other contractors hired by the Owner under separate contracts who interfere with the Contractor's prosecution of the Work. 7. Weather Delays shall be defined as delays in the prosecution of the Work caused by weather, other than "unusual weather" [as used in Paragraph 1.03(A) above], which prevent the Contractor from employing at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day towards completion of the current critical activity (ies) on the latest Construction Schedule accepted by the Construction Manager. 1.04 NOTICE OF DELAYS A. When the Contractor foresees a delay in the prosecution of the Work, or immediately upon the occurrence of an unforeseen delay, the Contractor shall notify the Construction Manager in writing of the probability or existence of the delay, the type of delay as defined in Subsection 1.03, Types of Delavs above, and the actual cause of the delay. B. The Construction Manager shall be notified of the anticipated or existing delay within one (I) working day of the Contractor's discovery of the anticipated or existing delay. The Contractor agrees that failure to notifY the Construction Manager within the required time shall result in the Contractor waiving its rights to claim any time or cost compensation for the delay at a later date. C. The Contractor shall take immediate steps to prevent or reduce, if possible, the occurrence, continuance, or duration of the delay. 1.05 COMPENSABLE DELAYS A. Compensable Delays shall be defined as delays other than Non-Excusable Delays and Weather Delays, as defined in 1.03(A) above and, be beyond the control and without fault or negligence of the Contractor, any of its subcontractors at any tier, or its suppliers. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 3 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. B. The Contractor may submit to the Construction Manager a Change Order Request for a Change in Contract Completion Date, a Change in Contract Sum, or both, if the Contractor believes that a change in Contract Completion Date, change in Contract Sum, or both is warranted. C. The Construction Manager, with the approval of the Owner, may, upon determination that compensation is warranted, add working days to the Contract Completion Date, award additional monies to the Contractor, or both. D. Changes to the Contract Completion Date shall be in accordance with the Subsection 1.11. Time Extensions of Section 00280. Construction Schedule. E. Changes in Contract Sum shall be in accordance with Subsection 1.09. Indirect Overhead of Section 00200. Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract. 1.06 TYPE OF COMPENSATION A. The Contractor shall be entitled to compensation for compensable delays in accordance with the following table: Type of Delay Differing Site Excusable Material Owner Abnormal Conditions Delay Shortage Caused " " Time Time 10-0'.; Time Time Time " ~ Extension .. " Extension Extension Extension Extension c... and Indirect and Indirect ;"0. Only Only Only i- E Overhead Overhead " U 1.07 CONCURRENT DELAYS A. Concurrent Delays shall be defined as two or more different delays in the prosecution of the Work that meet all of the following: I. The two or more delays occur at the same time or the two or more delays have a duration that overlaps at least one (I) worh1g day. 2. The two or more delays affects a Contract milestone. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension. and Termination CITY OF SAN BERNARDINO Page 4 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 02 3'2 B. The Contractor shall be eligible for compensation for concurrent delays in accordance with the table below. CONCURRENT DELAY COMPENSATION ELIGIBILITY TABLE OWNER CAUSED OR DIFFERING SITE CONDITIONS NON- EXCUSABLE ABNORMAL, EXCUSABLE, OR MATERIAL SHORTAGE OWNER CAUSED OR DIFFERING SITE CONDITIONS NON- EXCUSABLE ABNORMAL, EXCUSABLE, OR MATERIAL SHORTAGE Indirect Overhead, if Justified per the Contract Documents None' Time Extension Only None' None None2 Time Extension Only None2 Time Extension Only FOOTNOTES TO CONCURRENT DELA Y COMPENSA nON ELIGIBILITY TABLE 1 Where the Owner caused delay has a more negative impact than the Contractor caused delay, the Contractor shall be limited to the cost of extended overhead, per the Contract Documents for only the whole number difference in the negative float days. For example, if the Owner causes a delay which results in five (5) days of negative float, and simultaneously, the contractor causes a delay which results in 3 days of negative float, the Contractor shall be limited to two (2) days (five days minus 3 days) of costs for Indirect Overhead. 2 Where a delay caused by neither the Owner nor the Contractor has a more negative impact than the Contractor caused delay, the Contractor shall be limited to a Time Extension for only the whole number difference in the negative float days. For example, if the delay caused by neither the Owner nor the Contractor results in 5 days of negative float, and simultaneously, the contractor causes a delay which results in 3 days of negative float, the Contractor shall be limited to two (2) days (five days minus 3 days) of Time Extension. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200. Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 5 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 1.08 WEATHER DELAY DAYS A. The Owner has provided an allowance of Weather Delay Days specified in Subsection 1.04. Weather Delay Days of Section 00150. Specific Conditions for the sole benefit of the Contractor. B. Use of the Weather Delays Days is the prerogative of the Contractor. No additional time extensions will be granted for the Contractor's failure to appropriately account for usual weather conditions for the location of the Work and for the period of time in which the Work is to be accomplished. C. Additional weather delay provisions occur in Subsection 1.12. Weather Day Allowance of Section 00280. Construction Schedule. 1.09 INDIRECT OVERHEAD A. The Contractor may be reimbursed for Indirect Overhead expenses for delays caused by Differing Site Conditions or Owner Caused Delays, as defined in Subsection 1.03. Types of Delay above. B. No reimbursement for Indirect Overhead shall be made for any Time Extensions granted as part of a Contract Change Orders for Work not associated with a Delay. The Contractor shall comply with all requirements for Subsection 1.04. Notice of Delays and Subsection 1.05, Compensable Delays above as a condition precedent to any payment for Indirect Overhead. C. No additional markup for overhead or profit shall be added to the costs for Indirect Overhead as provided for in this Subsection. Payment to the Contractor for Indirect Overhead shall be made only for the period of time granted as part of an extension to the Contract Completion Date resulting directly and solely from the Compensable Delay. D. The Contractor shall be reimbursed for its Indirect Field Overhead based on: I. Invoices for all field office equipment. 2. Actual salary for field office staff.. 3. Fair rental values acceptable to the Construction Manager in accordance with Subsection 1.06. Force Account Payment Procedures of Section 00210. Changes to the Contract for construction equipment idled due to the delay. E. The Contractor shall be reimbursed for its Indirect Home Office Overhead based on the following formula: Contract Bid Price in $ Contract Period in Working Days Multiplied by (0.03) = Daily Home Office Overhead in $ for each working day of delay, no reimbursement for non- working days, which are Saturdays, Sundays, Federal Holidays. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 6 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 02 ?, 1 2 , F. As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the Owner and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all Subcontractors. The Contractor agrees to indemnify, defend and hold the Owner and Construction Manager harmless for any Indirect Overhead claims from its Subcontractors. 1.10 TIME EXTENSIONS A. Time extensions shall be in accordance with Subsection 1.12. Time Extensions of Section 00280. Construction Schedule. 1.11 LIQUIDATED DAMAGES A. The Contractor and the City agree that time is of the essence in the completion of the Work, and that failure to complete the Work before or upon the Contract Completion Date as set forth in these Contract Documents, as modified by any time extensions granted by the City, will result in damages being sustained by the City. Further, the Contractor and the City agree upon the following: 1. That the Contractor's failure to complete the Project will result in inconvenience to the citizens and staff of the City. 2. That the Contractor's failure to complete the Project will result in additional project management, construction management, inspection, and administrative costs. 3. That the Contractor's failure to complete the Project will prevent the City from having the use of the affected facilities. 4. That such damages, among others, are, and will continue to be, impracticable and extremely difficult to determine, but in no case shall be less than the amount specified in Paragraph 1.08( A) of Section 00150. Specific Conditions. 5. That the dollar amount specified in Paragraph 1.08(A) of Section 00150. Specific Conditions is per calendar day, is the minimum value of such costs to the City, and is a reasonable amount. 6. That such sum is liquidated damages, shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 7 of 10 PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 1.12 TEMPORARY SUSPENSION OF WORK A. If the Contractor fails to correct defective work as required by Subsection 1.19. Defective and Unauthorized Work of Section 00140. General Conditions, or fails to carry out the Work in accordance with the Contract Documents or any other applicable Laws, Codes, regulations or rules, the Owner through the Construction Manager, may order the Contractor to stop all work, or to stop any portion thereof, until the cause for such order has been eliminated. B. The right of the Owner, or any of its designated representatives, to stop the Work shall not give rise to any duty on the part of the Owner, or any of its designated representatives, to exercise this right for the benefit of the Contractor or for any other person or entity. C. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the Owner. D. In the event that a temporary suspension of Work is ordered, the Contractor, at its expense, shall perform all work necessary to provide a safe access to all portions of the suspended work. Should the Contractor fail to provide the safe access as specified, the Owner may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract. E. The Owner shall also have authority to suspend the Work wholly or in part, for such period as the Owner may deem necessary, due to unusual weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for a Time Extension to the Contract in an amount equal to the period of such suspension, if such suspended work includes the current critical activity on the latest Construction Schedule accepted by the Construction Manager. 1.13 TERMINATION OF CONTRACT 1.13.1 Termination for Convenience The Owner may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Owners' best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Owner to be paid the Contractor. If the Contractor has any property in its possession belonging to the Owner, the Contractor will account for the same, and dispose of it in the manner the Owner directs. 1.13.2 Termination for Default SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 8 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 02 312 A. If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the Owner, or one of its designated representatives, and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the Owner within the time specified in such Notice, the Owner shall have the authority to terminate the Contract for this Proj ect. B. Upon Contract termination, the Contractor shall discontinue the Work, or such parts of it as the Owner may designate, and the Contractor's control shall terminate. Upon termination of the Contract, the Owner, or one of its designated representatives, may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purposes of completing the Work. C. At the Contractors expense, the Owner, or one of its designated representatives, shall have right to the following: I. To hire such force as may be necessary for the proper conduct and completion of the Work. 2. To buy or rent such additional machinery, tools, appliances, and equipment as may be necessary for the proper conduct and completion of the Work. 3. To buy additional materials and supplies as may be necessary for the proper conduct and completion of the Work. D. At its option, the Owner, or one of its designated representatives, may perform the following: I. Employ other parties, as the Owner deems proper, to carry the Contract to completion. 2. Substitute other machinery or materials, as the Owner deems proper. 3. Purchase the materials contracted for. 4. Annul and cancel the Contract, and relet the Work or any part thereof. Any excess of cost arising therefrom over and above the Contract Sum will be charged against the Contractor and its sureties, who will be liable therefore. E. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the Owner; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. F. Any excess cost over and above the Contract Sum incurred by the Owner arising from the termination of the operations of the Contract and the completion of the Work by the Owner shall be paid for by any available funds held by the Owner. The Contractor will be so credited with any surplus remaining after all just claims for such completion of the Contract have been paid. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200 - Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 9 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC, G. In addition to the Owner's rights under this Subsection, if at any time before completion of the work under the Contract, the Owner determines that reasons beyond the control of the parties hereto render it impossible or against the interests of the Owner to complete the Work, or if 'the Work shall be stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the Owner may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such Notice of Termination, the Contractor shall discontinue the work in such manner, sequence, and at such times as the Construction Manager may direct. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other claim except for the work actually performed up to the time of discontinuance, including any extra work ordered by the Construction Manager to be done, nor for any claim for liquidated damages. H. In the event that Owner elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Owner shall not limit Owner's remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00200. Delays, OH, LOs, Suspension, and Termination CITY OF SAN BERNARDINO Page 10 of 10 PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. '02 3 1 2 SECTION 00210 CHANGES TO THE CONTRACT 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Changes in Contract Scope of Work 1.04 Changes in Contract Price 1.05 Negotiated Contract Change Orders 1.06 Force Account Payment Procedures 1.07 Unit Price Adjustments Due to Increased or Decreased Quantities 1.08 Differing Site Conditions 1.09 Contract Change Order Forms 1.02 RELATED SECTIONS A. Section 00120 Scope of Work B. Section 00130 Sample Contract C. Section 00170 Construction Manager's Responsibilities and Role D. Section 00200 Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract E. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT F. APPENDIX A - FEDERAL REQUIREMENTS 1.03 CHANGES IN CONTRACT SCOPE OF WORK A. Without invalidating the Contract and without notice to sureties or insurers, the Owner, or the Construction Manager acting on behalf of the Owner, may at any time, or from time to time order Extra Work, delete Work or otherwise revise the Contract Scope Of Work. In revising said Scope of Work, the Owner shall have the right and the Construction Manager shall have the authority to make minor changes in the Work which can be prosecuted by the Contractor without extra cost so long as the Work is not inconsistent with the purpose and intent of the Contract Documents. The City reserves the right to delete any work from the contract and not pay any additional costs (overhead, administrative supervisory, management, profit, etc) for the remaining contract work, so long as the total dollar value of the deletions do not exceed 25% of the total dollar value of the contract amount. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00210 . Changes to the Contract.doc Page 1 of 13 B. Extra Work, where performed, shall be governed by all applicable provisions of the Contract Documents, as well as any additional requirements specifically identified as part of the Extra Work. C. Changes to the Contract Scope Of Work will be authorized by Field Directive, Contract Change Order, or similar written direction issued to the Contractor by the Owner, or Construction Manager acting on behalf of the Owner. Except for emergencies endangering life, limb, or property, no Extra Work shall be performed unless such work has been authorized in written by the Owner or Construction Manager. D. The Contractor shall prosecute the work associated with a Field Directive, Contract Change Order, or similar written direction in a timely manner. E. If the Contractor believes that a Field Directive causes an increase or decrease to either the Contract Sum or the Contract Time, the Contractor may submit a Change Order Request to the Construction Manager. F. If the Owner, or the Construction Manager acting on behalf of the Owner, believes that a Field Directive has caused a decrease to either the Contract Sum or the Contract Time, the Construction Manager shall process a Contract Change Order for said decrease in Contract Sum or Contract Time. G. If the Contractor accepts a Contract Change Order that does not include a time extension, the Contractor waives any claim for a time extension to the Contract Completion Date for the work covered by that Contract Change Order. H. Extra Work performed by the Contractor without written authorization from a Field Directive, Contract Change Order, or other similar written directive will not entitle the Contractor to an increase in the Contract Sum or a time extension to the Contract Completion Date. 1.04 CHANGES IN CONTRACT PRICE A. Whenever a revision to the Contract Scope of Work is ordered by the Owner, or Construction Manager acting on behalf of the Owner, results in a change in Contract Sum, the cost of the work affected by such change will be added to or deducted from the Contract Sum, by a fair and reasonable valuation, which shall be determined by one or more of the following: I. By unit price accepted by the Owner, or Construction Manager acting on behalf of the Owner, as stated in the Contract DOl uments. 2. By unit prices subsequently fixed by agreement between the Contractor and the Owner, or Construction Manager acting on behalf of the Owner. [See also I.05(D) below.] 3. By an acceptable lump sum proposal from the Contractor. [See also 1.05(D) below.] SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00210 . Changes to the Contract.doc Page 2 of 13 .. - 02 3'~ 4. By Force Account as described in Section 1.06. Force Account Payment Procedures below when directed in writing by the Owner, or Construction Manager acting on behalf of the Owner. B. The Contractor's Change Order Request shall include any change in Contract Time, and shall be signed by the Contractor. C. The Construction Manager will review the Contractor's Change Order Request and negotiate with the Contractor an equitable change in Contract Sum or Contract Price in accordance with Section 1.05. Negotiated Contract Change Orders below. The change in Contract Sum agreed upon, and any change in Contract Time agreed upon, shall be incorporated into the Contractor's final Change Order Request. D. All Contract Change Orders shall be signed by the Contractor, the Construction Manager and the Owner. By signature on the Contract Change Order, the Contractor acknowledges that the adjustments to the Contract Sum and the Contract Time contained in the Contract Change Order are to the full satisfaction and accordance of the Contractor, and that payment in full so waives any right to claim any further cost and/or time impacts at any time during and after the completion of the Contract for the changes encompassed by said Contract Change Order. E. After there is agreement, the Construction Manager will prepare and process a Contract Change Order. All Contract Change Orders must be approved by the Owner in writing before the Contract Change Order can be executed and the work can be authorized. F. Should the Contractor fail to prepare and submit a Change Order Request for a decrease in Contract Sum, a decrease in Contract Price, or both associated with a decrease in the Contract Scope of Work within a timely manner, but in no case more than twenty (20) working days after the Contractor is directed by the Owner, or the Construction Manager acting on behalf of the Owner, to delete said work, the Owner, or the Construction Manager acting on behalf of the Owner, shall process a unilateral Contract Change Order in accordance with Section 1.06, Force Account Payment Procedures below. 1.05 NEGOTIA TED CONTRACT CHANGE ORDERS A. Whenever a revision to the Contract Scope of Work results in a potential difference in Contract Sum, the Contractor shall submit in the form prescribed by the Construction Manager, an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment, and approved services, pertaining to such revised work with complete supporting data for the quantities and prices quoted. Labor documentation shall include, but not be limited to, time cards for all employees of the Contractor and its Subcontractors performing all additional labor. This information shall be submitted by the Contractor to the Construction Manager as part of a Change Order Request. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00210. Changes to the Contract.doc Page 3 of 13 B. Where the Contractor's Change Order Request includes costs submitted from any subcontractor, at any tier, for labor, material, equipment, and approved services, the Contractor shall be solely responsible for verifying the accurncy of said subcontractor costs in accordance with applicable law and the Contract Documents prior to submitting the Change Order Request to the Construction Manager. C. The Contractor's direct costs shall be limited to the following: I. Payroll costs for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or Federal or State prevailing wages, Workers' Compensation And Labor insurance, and labor taxes as established by Law. No other fixed labor burdens will be considered, unless approved in writing by the Construction Manager. The Contractor's direct costs shall not include any costs associated with documenting employee labor hours associated with any revision in Contract Scope of Work as all such indirect costs form a part of the Contractor's overhead expense. 2. The cost of materials, including sales tax, if paid for by the Contractor or its subcontractor, in such work as can be substantiated by documentation considered acceptable to the Construction Manager. 3. The cost of equipment based on fair rental or ownership value as accepted by the Construction Manager. The rates for rented or contractor-owned equipment shall not exceed the rates as published in the State of California, Business, Transportation, and Housing Agency, Department of Transportation, Construction Program, Labor Surcharge & Equipment Rental Rates, latest Edition. For equipment, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. 4. The cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's Managers or Superintendents, its office and engineering staff, its office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense. D. Under the methods described in Paragraphs 1.04(A)(2) and 1.04(A)(3) above, the maximum percentage which will be allowed for the Contractor's combined overhead and profit shall be limited to the following: 1. For work by its own organization, the Contractor may add the following percentages: a. Direct Labor 20 percent (20%) b. Materials 5 percent (5%) c. Equipment (owned or rented) 5 percent (5%) 2. For all such work done by subcontractors, such subcontractor may add the same percentages as for the Contractor in Paragraph 1.05(D)(l) above to its actual net increase in costs for combined overhead and profit. The Contractor may add up to five percent (5%) of the subcontractor's total for its combined overhead and profit. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00210 . Changes to the Contract.doc Page 4 of 13 " - 02 312 3. For all such work done by subtier-subcontractors, such subtier-subcontractors may add the same percentages as for the Contractor as listed in Paragraph 1.05(D)(I) above to its actual net increase in costs for combined overhead and profit, and the subcontractor may add up to five percent (5%) of the subtier- subcontractor's total for its combined overhead and profit. The Contractor may add up to five (5%) percent of the subcontractor's total for its combined overhead and profit. 4. To the total of the actual costs and fees allowed herein, not more than two percent (2%) shall be added for additional bond and insurance costs. E. The above fees represent the maximum limits which will be allowed, and they include all and any costs, markups, profits, etc. associated with the preparation and performance and completion of the work. F. When both additions and credits are involved in anyone Contract Change Order, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work; i.e., labor, material, equipment, approved services, and subcontractors. The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in the Contract Sum will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method for Force Account Payment. G. The Contractor shall not claim for anticipated profits on work that may be omitted. 1.06 FORCE ACCOUNT PAYMENT PROCEDURES A. If either the amount of work, payment, or time extension for a Contract Change Order cannot be determined or agreed upon beforehand, the Owner may direct by a Field Directive or Contract Change Order that the Contractor perform a revision to the Contract Scope of Work on a Force Account basis. For the actual work performed, the Contractor's payment will be made for the documented actual cost of the following: I. Payroll costs. (See Paragraph 1.05(C)(l) above for the definition of Direct Labor Payroll Costs.) 2. Material costs. (See Paragraph 1.05-C(2) above for the detinition of Material and Installed Equipment costs.) 3. Equipment costs. (See Paragraph 1.05-C(3) above for the definition of Equipment costs.) 4. Additional bonding costs. [See Paragraph 1.06(8) below.] 5. Additional insurance costs. [See Paragraph 1.06(8) below.] B. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or subtier-subcontractor actually performing the work: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00210 - Changes to the Contract.doc Page 5 of 13 I. For work by its own organization, the Contractor may add the following percentages: a. Direct Labor 20 percent (20%) b. Materials 5 percent (5%) c. Equipment (owned or rented) 5 percent (5%) 2. To the total of the actual costs and fees allowed hereunder, not more than two percent (2%) shall be added for additional bonding and insurance costs for. C. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five percent (5%) of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. D. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five percent (5%) of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the sub-subcontractor The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five percent (5%) of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. E. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. F. The Owner reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment G. For equipment under Paragraph 1.06(A)(3) above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. The rates for rented or contractor-owned equipment shall not exceed the rates as published in the State of California, Business, Transportation, and Housing Agency, Department of Transportation, Construction Program, Labor Surcharge & Equipment Rental Rates, latest Edition. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, mobilization, and incidental costs, and no further allowances will be made for those items, unless specific agreement to that effect is made. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00210 - Changes to the Contract.doc Page 6 of 13 02 112 H. Prior to the commencement of Force Account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on Force Account work shall be recorded daily by the Contractor upon report sheets furnished' to the Contractor by the Construction Manager. The reports, if found to be correct, shall be signed by both the Contractor and the Construction Manager, and a copy of which shall be fumished to the Construction Manager no later than the working day following the performance of said work. 1. The daily report sheet shall thereafter be considered the true record of Force Account work provided. If the Construction Manager does not agree with the labor, equipment and/or materials listed on the Contractor's daily Force Account report, the Contractor and Construction Manger shall sign-off on the items on which there is agreement. The Construction Manager shall then review the items of disagreement, and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice in accordance with Section 00220. Claims and Resolution of Claims. 1. The Contractor shall maintain its records in such manner as to provide a clear distinction between the direct costs of work paid for on a Force Account basis and the costs of other operations. K. To receive partial payments and final payment for Force Account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the Force Account pursuant to the associated Field Directive or Contract Change Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Construction Manager after the thirty (30) day period has expired. L. The Contractor's Force Account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, a copy of all time cards, and the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. M. When both additions and credits are involved in anyone Contract Change Order, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00210 - Changes to the Contract.doc Page 7 of 13 1.07 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED QUANTITIES A. The unit prices as stated in the Bid Proposal and as negotiated in any Contract Change' Order shall apply to one hundred percent (100%) of the quantity indicated to be the estimated quantity for the Bid item, plus or minus twenty-five percent (25%). 1.08 DIFFERING SITE CONDITIONS A. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notifY the Construction Manager in writing, if any of the following is encountered: I. Material at the Project Site that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, and that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the Project Site that differs from those indicated in the Contract Documents. 3. Unknown physical conditions at the Project Site of any unusual nature which differs materially from those ordinarily encountered, and which is generally recognized as inherent in work of the character provided for in the Contract Documents. B. Upon notification the Owner shall promptly, investigate the conditions observed by the Contractor. If the Owner finds that the conditions do materially differ from the Contract Documents, or do involve hazardous waste, and do cause a decrease or increase in the Contractors cost of, or the time required for, prosecution of any part of the work, the Owner shall cause to be issued a Contract Change Order under the procedures provided for Contract Change Orders. C. In the event that a dispute arises between the Owner and the Contractor concerning whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractors cost of, or time required for, prosecution of any part of the work, the Contractor shall not be excused from any scheduled Contract Completion Date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the Owner and the Contractor and in accordance with Section 00220. Claims and Resolution of Claims. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the required notice. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00210 . Changes to the Contract.doc Page 8 of 13 H .. " O~ 3i~ 1.09 CONTRACT CHANGE ORDER FORMS A. Contract Change Orders shall be processed lising the following City Contract Change Order Request; City Contract Change Order Authorization (Part 1), and City Contract Change Order Authorization (Part 2) forms. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00210 . Changes to the Contract.doc Page 9 of 13 I 1i')('rOONiJ'RACT,CHANGEr(i)RDER REQUEST BY CONTRACTOR CONTRACT NAME: CONTRACTOR CONTRACT 10 NO.: CITY CONTRACT 10 NO.: CONTRACT CHANGE ORDER REQUEST NO.: DATE: FROM: CONTRACTOR TO: CITY WE HEREBY REQUEST A CONTRACT CHANGE ORDER FOR THE SUBJECT CONTRACT FOR WORK DESCRIBED BELOW: Total Cost of Proposed Contract Change Order (Attach detailed breakdown of costs by labor, material, $O.OC subcontractor, markups): Additional/Deductive Contract Days Requested for the Proposed Contract Change Order: Submitted by Contractor (Site Superintendent) Received by City (Construction Manager) Name: Name: Signature: Signature: Title: Title: Date: Date: City shall review this Contract Change Order Request within 5 working days of the date signed by City as received above and Provide a Response to Contractor CITY'S RESPONSE TO CONTRACTOR FOR THIS CHANGE ORDER REQUEST City's Response: Response Prepared by: (Construction Manager) Name: Signature: Title: Date: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00210 - Changes to the Contract.doc Page 10 of 13 ()2 312 In,,'rl (in <O.ONTRACTICtlANGE ORDER REQUEST BY CITY CONTRACT NAME: CONTRACTOR CONTRACT ID NO.: CITY CONTRACT ID NO.: CONTRACT CHANGE ORDER REQUEST NO.: DATE: FROM: CITY TO: CONTRACTOR YOU ARE HEREBY DIRECTED TO PROVIDE A CONTRACT CHANGE ORDER PROPOSAL FOR THE SUBJECT CONTRACT FOR WORK DESCRIBED BELOW: Total Cost of Proposed Contract Change Order (Attach detailed breakdown of costs by labor, material, $O.O( subcontractor, markups): Additional/Deductive Contract Days Requested for the Proposed Contract Change Order: Submitted by City (Construction Manager) Received by Contractor Name: Name: Signature: Signature: Title: Title: Date: Date: Contractor shall complete this form and provide it with necessary backup to City within 5 working days of the date signed by contractor as received above Submitted by Contractor Name: Name: Signature: Signature: Title: Title: Date: Date: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC, 00210 - Changes to the Contract.doc Page 11 of 13 ln~lTI :q~fiJ'~lOONTRACT CHANGE ORDER AUTHORIZATION CONTRACT NAME: CONTRACTOR CONTRACT ID NO.: CITY CONTRACT ID NO.: CONTRACT CHANGE ORDER AUTHORIZATION NO.: DATE: REFERENCE CHANGE ORDER REQUEST NO.: DATE: FROM: CITY TO: CONTRACTOR YOU ARE HEREBY AUTHORIZED TO PROCEED WITH THE FOLLOWING CHANGE ORDER FOR THE SUBJECT CONTRACT: Awarded Contract Amount: $O.OC Previously Authorized Contract Change Orders (No. _ Thru _): $O.OC Authorized Amount For This Contract Change Order $O.OC Amount For This Contract Change Order: $O.OC Total Authorized Contract Amount To Date (Sum Of The Above): $O.OC Total Contract Days Per Contract (Each Phase Will Be Specified): Additional/Deductive Days Per Previously Authorized Contract Change Orders (No. Thru ): AdditionallDeductive Days For This Contract Change Order: Total Authorized Contract Days To Date: Original Completion Date: Revised Completion Date Including This Contract Change Order: APPROVAL BY AND DIRECTION TO PROCEED FROM THE CITY Recommended by: (Construction Manager) Approved by: (City Engineer) Signature: Signature: Title: Title: Date: Date: ACCEPTANCE BY CONTRACTOR I agree to perform the work described in this change order, and that the total cost approved for the change orde includes any and all costs associated with this change order, and that I shall not make any other claims (including bu not limited to, additional change order costs, delay costs, loss of profit, loss of productivity, overhead, insurance bonding, administrative, etc.) against the City for this change order. Accepted by Contractor Name: Name: Signature: Signature: Title: Title: Date: Date: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00210. Changes to the Contract.doc Page 12 of 13 O? 312 END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00210 - Changes to the Contract.doc Page 13 of 13 .. - ()2 312 SECTION 00220 CLAIMS AND RESOLUTION OF CLAIMS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Claims 1.04 Records of Disputed Work 1.05 Submission of Claims Costs 1.06 Claims Meetings 1.07 Resolution of Claims 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00170 Construction Manager's Responsibilities and Role C. Section 00190 Contractor's Responsibilities and Role D. Section 00200 Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract E. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT F. APPENDIX A - FEDERAL REQUIREMENTS 1.03 CLAIMS A. If the Contractor disagrees with the Construction Manager's decision, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due the Contractor for work or materials not covered in the Contract or which the Construction Manager has not recognized as extra work, the Contractor shall notify the Construction Manager, in writing, of its intention to make a claim. B. Claims pertaining to decisions made by the Construction Manager shall be submitted in writing to the Construction Manager within five (5) days of the Contractor's notification of the Construction Manager's decision. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00220 - Claims and Resolution of Claims.doc Page 1 of 3 C. All other claims notices for extra work shall be filed in writing to the Construction Manager prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the circumstances arid the reasons for the claim, and the estimated amount for the claim. No claim for additional compensation or extension of time for a delay will be considered unless the provisions of these Specifications for Delays and for Time Extensions are complied with. No claim filed after the date of final payment will be considered. D. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by the Contractor as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the Construction Manager and Owner, and is not merely a formality. Such notice allows the Owner to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. 1.04 RECORDS OF DISPUTED WORK A. In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall submit to the Construction Manager, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. 1.05 SUBMISSION OF CLAIM COSTS A. Where the Contractor disagrees with any decision of the Construction Manager, or where the Contractor believes that it has not been properly compensated for a Contract Change Order, or where the Contractor believes that compensation is due for a Field Directive, the Contractor shall submit a claim in accordance with the following schedule: 1. To dispute a decision made by the Construction Manager, the Contractor shall submit to the Construction Manager a claim within five (5) working days of the disputed decision. 2. The Contractor shall keep accurate records of its costs of disputed work, and shall submit to the Construction Manager daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Construction Manager at the end of the following working day of tLe day the disputed work is performed by the Contractor. Receipt of such information by Construction Manager shall not be construed as an authorization for or acceptance of the disputed work. A total final claim amount shall be submitted to the Construction Manager within five (5) working days of completion of the disputed work. The total final claim SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00220 - Claims and Resolution of Claims.doc Page 2 of 3 02 3i2 submittal shall include the daily summaries previously submitted. B. Claims shall include an itemized breakdown of the Contractor's and subcontractor's direct costs, including labor, material, equipment, and approved services, pertaining to such disputed work with complete supporting data for the quantities and prices quoted. Labor documentation shall include, but not be limited to, time cards for all employees of the Contractor and its Subcontractors performing all additional labor. This information shall be submitted by the Contractor to the Construction Manager as part of a Change Order Request. C. In the event that the Owner determines that a claim is just, the Owner shall be allowed to pay for the disputed work in accordance with Section 00210. Changes to the Contract. 1.06 CLAIMS MEETINGS A. From time to time the Construction Manager may call a special meeting to discuss outstanding claims should the Construction Manager deem this of possible help. The Contractor shall cooperate and attend such meetings prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Manager. 1.07 RESOLUTION OF CLAIMS A. For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section. B. Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the Owner and the Contractor that are not resolved between the Owner and the Contractor and are not governed by Public Contract Code 20 I 04 shall be decided by a court of competent jurisdiction. C. Arbitration shall not be used for resolution of these disputes. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California county where the work is being performed. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00220 - Claims and Resolution of Claims.doc Page 3 of 3 02 312 SECTION 00230 RETENTION 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Right to Withhold Amounts 1.04 Other Withholds 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00170 Construction Manager's Responsibilities and Role C. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 RIGHT TO WITHHOLD AMOUNTS A. The Owner will deduct from each progress payment and retain as security for Contract Performance, ten percent (10%) of the amount earned until the final payment. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the Owner to ensure the performance of the Contract, the Contractor, may, at its option, choose to substitute securities meeting the requirements of said Section 22300. B. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the Owner, and the escrow agent, a qualified bank to be chosen by Owner, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities ,hall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00230 . Retention Page 1 of 7 C. The Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the Owner, or from the appropriate escrow agent, it I determined that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the Owner to ensure performance, the Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the Owner, or in escrow, is equivalent to the amount of money to be withheld by the Owner under the Contract. D. Any Contractor wishing to exercise this option shall give notice in wntmg to the Construction Manager, and shall execute an escrow agreement in the following form: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00230 - Retention Page 2 of 7 02 312 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between: whose address is: hereinafter called "Owner", and whose address is: hereinafter called "Contractor", and whose address is: hereinafter called "Escrow Agent". D. For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: I. Pursuant to Section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). 2. Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit the market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of the Owner, and shall designate the Contractor as the beneficial owner. 3. The Owner shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 4. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00230 - Retention Page 3 of 7 5. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account, and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, the Contractor, and the Escrow Agent. 6. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor, and shall be subject to withdrawal by the Contractor at any time, and from time to time without notice to the Owner. 7. The 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 the Owner to the Escrow Agent indicating that the Owner consents to the withdrawal of the amount sought to be withdrawn by the Contractor. 8. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) day's written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash, and shall distribute the cash as instructed by the Owner. 9. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to the Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be dosed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges. 10. The Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Paragraphs 7, 8, and 9 above, and the Owner and the Contractor shall hold the Escrow Agent harmless from the Escrow Agent's release and disbursement of the securities and interest as set forth above. 11. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00230 . Retention Page 4 of 7 02 312 On Behalf of the Owner On Behalf of The Contractor Title Title Name Name Signature Signature Address Address Date Date On Behalf of the Escrow Agent Title Name Signature Address Date At the time the Escrow Account is opened, the Owner and the Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor Title Title Name Name Signature Signature Date Date SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00230 . Retention Page 5 of 7 1.04 OTHER WITHHOLDS A. In addition to the amount which the Owner may otherwise retain under the Contract, the Owner may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor as, in its judgement, may be necessary to cover the following: I. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or nklterials furnished for the performance of this Contract. 2. Defective work not remedied. 3. Failure of the Contractor to make proper payments to its subcontractors or suppliers. 4. A reasonable doubt that the Contract can be completed for the balance then unpaid. 5. Damage to another Contractor or third party, or to property. 6. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings. 7. The Owner's costs for the Contractor's failure to complete within the allowed time. 8. The Cost of insurance arranged by the Owner due to cancellation or reduction of the Contractor's insurance. 9. The failure of the Contractor to make proper submissions, as herein specified. 10. The failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining the Construction Schedule. II. The payments due the Owner from the Contractor. 12. The reduction of Contract Amount because of modifications. 13. The Contractor's neglect or unsatisfactory prosecution of the work, including failure to clean up. 14. The provisions of law that enable or require the Owner to withhold such payments in whole or in part. 15. The costs associated with the review of substitutions that are submitted later than thirty-five (35) calendar days after the Notice of Award, or that are submitted within the permitted time frame but without the data required in Section 00310. Substitutions. 16. The costs of reinspections required by premature notice of substantial completion or Contractor's failure to complete items listed on the Construction Manager's List of Deficiencies. B. When the above reasons for withhold amounts are removed, payment may be made to the Contractor for the amounts withheld. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC 00230 - Retention Page 6 of 7 ()2312 C. The Owner, in its discretion, may apply any withheld amount or amounts to the payment of valid claims. In so doing, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The Owner will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00230 - Retention Page 7 of 7 ., - 02 312 SECTION 00240 WARRANTEE 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00190 Contractor's Responsibilities and Role c. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL A. The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under the terms of this Contract, and to pay for any damage to other work resulting from such defects, which becomes evident within one (1) year after the date of acceptance of the project or the Substantial Completion date whichever is applicable or within such longer period of time as may be prescribed by Law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. The Contractor also agrees to indemnify, defend, and hold the Owner harmless from liability of any kind arising from damage due to said defects. B. The Contractor shall execute and submit a completed Warranty Form in the format as appended to the end of this Section for any portion of the Work possessed by the Owner in accordance with Section 00160. Rights. Representation. Responsibilities. and Role of the City as Owner or Section 00390. Project Completion Procedures or as may otherwise be provided for in these Specifications.. The Warranty Form shall be submitted prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00240 - Warrantee Page 1 of 4 C. The Contractor shall, upon the receipt of notice in writing from the Owner, promptly make all repairs arising out of defective materials, workmanship, or equipment. The Owner is hereby authorized to make such repairs, and the Contractor and its Surety shall be liable for the' cost thereof, if ten (10) working days after giving such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of emergency, where in the opinion of the Owner delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and its Surety shall be liable for the cost thereof. D. Prior to the expiration of the Warranty period, the Owner reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items. E. For the purpose ofthis paragraph, acceptance of the Work or a portion of the Work by the Owner, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. F. The Owner and the Contractor agree that warranty on the parts of the work possessed and used by the Owner in accordance with these Specifications shall commence on the date that the Owner takes possession of such work and so notifies the Contractor in writing. The Owner and Contractor further agree that such possession, and use of the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work. G. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties shall only supplement the Contractor's responsibility. H. The Owner may at his or her option, require a manufacturer's warranty on any product offered for use. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00240 - Warrantee Page 2 of4 .. - 02 312 WARRANTY FORM Warrantee for PROJECT OR COMPONENT OF PROJECT ADDRESS I, , as Contractor for the Project referenced above, hereby agree, at my own expense, to repair or replace as necessary any defective equipment, material, or workmanship supplied under the terms of the Contract for the aforesaid project for a period of one (1) year from (the date of acceptance of the work or date of substantial completion). DATE The following is excluded from the provisions of this warranty: I, as Contractor, agree that: 1. if any of the equipment should fail due to any reason other than improper maintenance or improper operation; or 2. if any pipe or appurtenances should develop leakage; or 3. if any settlement of fill or backfill occurs; or 4. if any portion of the work fails to fulfill any of the requirements of the Contract Documents; I will, within ten (10) working days after written notice of such defects, commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. In the event of our failure to comply with the above mentioned conditions within a reasonable time after being notified, or should the existence of conditions require repairs or replacements to be made before we can be notified or respond to such notification, we do hereby authorize the Owner to proceed to have the defect repaired and made good at my expense, and I agree to pay all costs therefor upon demand. The warranty provided herein shall be in addition to, and not be in lieu of, any additional warranties or other obligations otherwise imposed by the Contract Documents and by Law. CONTRACTOR'S NAME SIGNATURE OF CONTRACTOR'S REPRESENT A TIVE NAME OF CONTRACTOR'S REPRESENTATIVE DATE SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION 00240. Warrantee CITY OF SAN BERNARDINO Page 3 of 4 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00240 . Warrantee Page 4 of 4 '02 3 i 2 SECTION 00250 INSURANCE REQUIREMENTS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Indemnification 1.04 General Insurance Requirements 1.05 Requirement for Commercial General Liability Insurance 1.06 Requirement for Public Liability and Property Damage Insurance 1.07 Requirement for Commercial Business Auto Insurance 1.08 Requirement for Workers' Compensation and Employers' Liability Insurance 1.09 Requirement for Builder's Risk Insurance 1.10 Requirement for General Liability Additional Insured Endorsement 1.11 Change in Terms 1.12 Insurance Policies Must Allow City Occupancy 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00190 Contractor's Responsibilities and Role c. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 INDEMNIFICATION A. The Contractor shall indemnify, defend and hold harmless the City, it's elected officials, officers, agents, employees, and other authorized representatives; the Construction Manager, it's officers, agents, employees, and other authorized representatives; and the Architect it's officers, agents, employees, and other authorized representatives, from and against any and all claims, demands, actions, damages or judgments, including associated costs of investigation and defense, arising from any omission, fault, negligence, or other conduct of the Contractor, its employees, or its subcontractors at any tier during the performance of this Contract. B. Approval of any insmance contracts by the City does not relieve the Contractor or subcontractors from liability under this Section. The City will not be liable for any accident, loss, or damage to, or arising out of, the project work prior to its completion and acceptance. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00250 - Insurance Requirements Page 1 of 6 1.04 GENERAL INSURANCE REQUIREMENTS A. After Award of Contract, the Contractor shall promptly obtain and maintain, at its own expense, throughout the life of the Contract, all the insurance required by this Section. The Contractor shall submit coverage verification for review and approval by the City upon execution of the Contract. B. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until all insurance requirements have been verified and approved by the City. C. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. D. The Notice to Proceed does not relieve the Contractor of the duty to obtain and maintain such insurance as is required by this Section. E. In addition to the insurance requirements specified in this Section, the Contractor shall comply with all insurance requirements included in the Contract. 1.05 REQUIREMENT FOR COMMERCIAL GENERAL LIABILITY INSURANCE A. The Contractor shall promptly obtain and maintain, at its own expense, throughout the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Five Million Dollars ($5,000,000) combined single limit for bodily injury for anyone occurrence and a Ten Million Dollar ($10,000,000) annual project aggregate, for all of the following: 1. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. 2. Completed Operations/Products, including X, C, and U Coverage. 3. Independent Contractors. 4. Blanket Contractual. 5. Personal injury. B. The deductible shall not exceed One Thousand Dollars ($1,000). C. The Contractor shall provide the City with a per project general aggregate endorsement. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00250 - Insurance Requirements Page 2 of 6 O~ ~1~ 1.06 REQUIREMENT FOR PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE A. The Contractor shall promptly obtain and maintain, at its own expense, throughout the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Five Million Dollars ($5,000,000) combined single limit for public liability and property damage for anyone occurrence and a Ten Million Dollar ($10,000,000) annual project aggregate, for all of the following: I. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage. 2. Completed Operations/Products, including X, C, and U Coverage. 3. Independent Contractors. 4. Blanket Contractual. 5. Personal injury. B. The deductible shall not exceed One Thousand Dollars ($1,000). C. The Contractor shall provide the City with a per project general aggregate endorsement. 1.07 REQUIREMENT FOR COMMERCIAL BUSINESS AUTO INSURANCE A. The Contractor shall promptly obtain and maintain, at its own expense, throughout the life of the Contract, a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverages: 1. Coverages shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract. 2. Any and all mobile equipment including cranes, which are not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. 3. Insurance is to include bodily injury, sickness and death of any person and property damage owned and unowned per occurrence. B. The deductible shall not exceed One Thousand Dollars ($1,000). 1.08 REQUIREMENT FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE A. The Contractor shall promptly obtain and maintain, at its own expense, throughout the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00250 - Insurance Requirements Page 3 of 6 B. The required policy shall provide coverage for Workers' Compensation (Coverage A). C. This policy shall provide coverage for One Million Dollars ($1,000,000) each accident. One Million DofIars ($ 1,000,000) for employee and One Million Dollars ($ 1,000,000) for employers liability. D. The policy shall include a waiver of subrogation in favor of the City. 1.09 REQUIREMENT FOR BUILDER'S RISK INSURANCE A. The Contractor shall obtain at its own expense, a Special Form (Course of Construction) Builder's Risk insurance policy. Said Builder's Risk policy shall be taken out and maintained in the name of the City and the Contractor, subcontractors, and materialmen as may be engaged to perform Work until completion and acceptance of the Project by the Owner. Said Builder's Risk Insurance policy shall include, but not be limited to, coverage against loss or damage to the Project by fire, lightning, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, failing objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such insurance coverage. B. Said Builder's Risk Insurance policy shall be in an amount equal to the replacement cost (without deduction for depreciation and subject to the stipulated value in lieu of average clause) of all construction constituting any part of the Project, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses which do not exceed $10,000 for anyone loss. Said Builder's Risk Insurance policy will not cover loss or damage to the Contractor's equipment, scaffolding or other materials not to be consumed in the prosecution of the Proj ect. C The City and Contractor hereby waive their rights of subrogation against each other. The Contractor shall obtain from the Insurer a recognition that a waiver of subrogation endorsement for losses caused by fire or other perils to the extent covered by this insurance is provided. Contractor shall pay any extra premium required therefor. 1.10 REQUIREMENT FOR GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT A. Named Insured and Address: General Description of Contract and/or activity(ies) insured: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00250 - Insurance Requirements Page 4 of 6 02 312 B. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached, or in any endorsement now, or hereafter thereto, it is agreed as follows: 1. The City, its Departments, Officers, Agents, and employees are insured thereunder in relation to those operations, uses, occupations, acts, and activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City (insured). 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to the City Clerk of the City by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. ADDRESS CANCELLATION NOTICE AS FOLLOWS: ISSUE ENDORSEMENT TO: City of San Bernardino 300 North D Street San Bernardino, CA 92418 City of San Bernardino 300 North D Street San Bernardino, CA 92418 C. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter, or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. Endorsement Number: Effective Policy: Policy Number: Insurance Company Name and Address: I, TYPE OR PRINT NAME , hereby declare under penalty of perjury and under the laws of the State of California that I have the authority to bind the above-named msurance company to this endorsement and by my execution thereof, do bind said company. SIGNATURE OF AUTHOR1ZED REPRESENTATIVE DATE SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00250 - Insurance Requirements Page 5 of 6 Executed at ,California on ,200 1.11 CHANGE IN TERMS A. The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1.10(B)(4) above for Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. 1.12 INSURANCE POLICIES MUST ALLOW CITY OCCUPANCY A. The City reserves the right to occupy existing facilities under construction or to use or occupy parts of the Work as provided for in Subsection 1.06. City's Right to Use or OCCUpy Prior to Substantial or Project Completion of Section 00160. Rights. Representation. Responsibilities. and Role of the City as Owner of these Specifications. Insurance policies shall not restrict or limit such use. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00250 . Insurance Requirements Page 6 of 6 ,0 2 3 1 2 SECTION 00260 PROGRESS MEETINGS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Progress Related Meetings 1.04 Design Related Meetings 1.05 Mandatory Meetings 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 PROGRESS RELATED MEETINGS A. The Contractor shall attend weekly progress meetings at the project site. B. In General, these meeting will be attended by the Contractor, the Construction Manager, and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. The Construction Manager will develop a list of attendees that must participate in the weekly meetings representing the Contractor. The Contractor shall ensure those attendees participate in the weekly progress meetings. When necessary and/or requested by the Construction Manager, the Contractor shall bring to the weekly meetings its subcontractors, suppliers or other parties performing work on this project for the Contractor (the Construction Manager will inform the Contractor if any additional attendees are required 3 working days in advance). D. Meeting minutes will be taken by the Construction Manager. The meeting minutes will be available to the Contractor at the following weekly meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. The Construction Manager will distribute to other parties deemed appropriate. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00260 . Progress Meetings Page 1 of 3 E. The agenda of these meetings shall include, but not be limited to, reviewing the minutes of the previous meeting, progress of the past week, discussing work to be performed in the subsequent week, discussing items of significance that could affect project progress, utility coordinat'ion, coordination with agencies having regulatory authority over any portion of the project, testing results, and ongoing inspection requirements. 1.04 DESIGN RELATED MEETINGS A. In addition to the Progress Related Meetings, the Contractor shall attend Monthly Design Related Meetings. B. In General, these meeting will be attended by the Contractor, the Construction Manager, the Architect, Architect's Subconsultants and any subcontractors, suppliers, distributors or other concerned individuals with issues or items to discuss. C. The Construction Manager will develop a list of attendees that must participate in the monthly design meetings representing the Contractor. The Contractor shall ensure those attendees participate in the monthly design meetings. When necessary and/or requested by the Construction Manager, the Contractor shall bring to the monthly meetings its subcontractors, suppliers or other parties performing work on this project for the Contractor (the Construction Manager will inform the Contractor if any additional attendees are required 3 working days in advance). D. Meeting minutes will be taken by the Construction Manager. The meeting minutes will be available to the Contractor within 2 weeks of the meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. The Construction Manager will distribute to other parties deemed appropriate. E. The agenda of these meetings will include, but not be limited to, Submittal review, discussing work to be performed, discussing items of significance that could affect project progress, substitutions and alternatives, utility coordination, coordination with agencies having regulatory authority over any portion of the project, and testing results. 1.05 MANDATORY MEETINGS A. The Construction Manager shall have th(: authority to require that a mandatory meeting be held at any time during normal work hours. B. These meeting shall be attended by the Contractor, the Construction Manager, and any subcontractors specified by the Construction Manager. C. Meeting minutes will be taken by the Construction Manager. The meeting minutes will be available to the Contractor within 2 weeks of the meeting. The Contractor shall be responsible to distribute the meeting minutes to all parties performing work under his contract. The Construction Manager will distribute to other parties deemed appropriate. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00260 - Progress Meetings,dOc Page 2 of 3 02 3i2 D. The agenda of these meetings will include, but not be limited to, Submittal review, discussing work to be performed, discussing items of significance that could affect project progress, substitutions and alternatives, utility coordination, coordination with agencies having regulatory authority over any portion of the project, and testing results. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00260 - Progress Meetings Page 3 of 3 02 312 SECTION 00270 PROJECT RECORD DOCUMENTS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Procedures 1.04 Document Status Prior to Request for Progress Payments 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 PROCEDURES A. Promptly following Award of Contract and before issuance of the Notice to Proceed, the Contractor shall secure from the City one complete set of Specifications, Plans, any addendum, and any other Contract Documents, and the Contractor shall mark them as the "Project Record Documents." B. The Project Record Documents shall be maintained in addition to, and independent from the Project plans stamped approved by the Building Department having jurisdiction and/or any other regulatory agency(ies) having jurisdiction. C. The Contractor shall be responsible for maintaining and recording deviations or revisions to the Project Record Documents. When requested by the Construction Manager, the Contractor shall provide copies of all documented deviations or revisions to the Project Record Documents on a daily or weekly basis to the Construction Manager. D. The Project Record Documents shall not be used for any purpose except entry of new data and for review by the Construction Manager. Separate Specifications and plans shall be maintained for all subcontractors and for the Contractor's daily use. E. The Project Record Documents shall be maintained at the job site or other location approved by the Construction Manager. The Contractor shall use all means necessary to protect the Project Record Documents from deterioration, loss or damage until Project completion. The Contractor shall bear all costs for the replacement of lost or damaged Project Record Documents. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00270 - Project Record Documents Page 1 of 2 F. The Contractor shall use an erasable color pencil, other than blue, indelible pencil, or other pen or pencil approved by the Construction Manager to clearly describe changes to the Project Record Documents by note and by graphic line as required. All entries shall be dated. The Contractor shall call attention to each entry by a cloud around all affected areas. In the event of overlapping changes, different colors may be used for each change. G. Changes due to approved Contract Change Orders or Field Directives may be indicated by referencing Contract Change Order number(s) and/or Field Directive number(s) and the scope of the change in lieu ofrevising the Project Record Documents. 1.04 DOCUMENT STATUS PRIOR TO REQUEST FOR PROGRESS PAYMENTS A. The location and depth below finish grade or above ceilings and attic spaces of all utilities shall be fully dimensioned and indicated on the Project Record Documents. Dimensions shall be taken to building lines or permanent landmarks. B. The Construction Manager's approval of the current status of the Project Record Documents will be a prerequisite to the Construction Manager's approval of requests for progress payments and request for final payment. C. Prior to submitting each request for a progress payment, including the final payment, the Contractor shall arrange for the Construction Manager to review the set of Project Record Documents to verify and concur that the set of Project Record Documents are current with any Contract Change Orders, Field Directives, any other written direction from the Construction Manager, and that all dimensions required by this Section have been recorded on the Project Record Documents. D. Prior to final payment, the Contractor shall certify that the Project Record Documents are complete and accurately reflect all changes or modifications to the original Construction Documents, and shall deliver to the Owner the Contractor's Project Record Documents END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00270 - Project Record Documents Page 2 of 2 02 3,2 SECTION 00280 CONSTRUCTION SCHEDULE 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Purpose 1.04 Contractor's Authority and Responsibility 1.05 Submittal of Construction Schedules and Schedule Analyses 1.06 Baseline Construction Schedule 1.07 Baseline Construction Schedule Liquidated Damages 1.08 Construction Schedule Preparation Guidelines 1.09 Construction Schedule Revisions and Updates 1.10 Review of the Construction Schedule 1.11 Suspension of Progress Payments 1.12 Time Extensions 1.13 Weather Day Allowance 1.14 Time Impact Analysis 1.15 Contractor Objections 1.16 Final Record Copy 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00150 Specific Conditions C. Section 00190 Contractor's Responsibilities and Role D. Section 00200 Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract E. Section 00300 Compensation and Payment F. Section 00330 Submittals G. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT H. APPENDIX A - FEDERAL REQUIREMENTS SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule Page 1 of 13 1.03 PURPOSE A. The Construction Schedule shall be the basis for evaluating all issues related to time for this contract. The Construction Schedule shall at all times reflect the current plan for the timely prosecution of the work, and shall document actual progress to date in accordance with the requirements of this Section. In addition, the Construction Schedule shall be used as a basis for processing progress payments, and the Owner and the Contractor shall jointly utilize the Construction Schedule for the following purposes: 1. To communicate to the Owner the Contractor's intended procedures, means, and methods for completing the work on or before the Contract Completion Date. 2. To identify the work paths that are critical to the timely completion of the Work. 3. To help prioritize the Owner's review of submittals. 4. As a basis for evaluating the costs and/or credits associated with any change in the Contract Scope of Work. 5. As a basis for evaluating requests for an Extension of Time, or reducing the Contract Time. 6. To document the actual progress of the work. 7. To evaluate the best course of action for mitigating the impact of unforeseen events. 8. To facilitate cooperative efforts to complete the work on or before the Contract Completion Date. 1.04 CONTRACTOR'S AUTHORITY AND RESPONSIBILITY A. Nothing in these requirements shall be deemed to be an usurpation of the Contractor's authority and responsibility to plan and schedule work as the Contractor sees fit, subject to all other requirements of Contract Documents. B. The Contractor shall provide at all times sufficient competent labor, materials, and equipment to properly carry on the Work and to insure completion of each milestone in accordance with the Construction Schedule and the Contract Documents. C. The Contractor shall be liable for all delays resulting from its submission of Construction Schedule monthly updates that do not meet the requirements of the Contract Documents. The Owner shall not be responsible for delays to the Contractor's work that occur during a period when the Contractor has failed to provide a Construction Schedule monthly update in accordance with the requirements of the Contract Documents, when having the Construction Schedule monthly update at the specified time could have influenced the Owner's decisions or actions. D. The cost for the preparation and for all required revisions and/or updates to the Construction Schedule shall be borne by the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule Page 2 of 13 02 312 1.05 SUBMITTAL OF CONSTRUCTION SCHEDULES AND SCHEDULE ANALYSES A. All Construction Schedule submittals shall be transmitted with a Letter of Transmittal and shall include one( I) electronic copy of the Construction Schedule and two (2) printed copies on a format specified by the Construction Manager prior to submittal. B. Each electronic copy of the Contractor's Construction Schedule shall be submitted on a non-rewritable CD and shall bear the signature of the Construction Schedule Preparer. 1.06 BASELINE CONSTRUCTION SCHEDULE A. Within ten (10) working days after Award of Contract, the Contractor shall submit to the Construction Manager for review and acceptance the Contractor's proposed Construction Schedule setting forth requirements for complete execution of all work on or before the Contract Completion Date. B. The Construction Manager shall review and accept or return with summary comments the Contractor's Construction Schedule within six (6) working days of receipt. The Contractor shall resubmit the Construction Schedule with responses to the Construction Manager's summary comments within six (6) working days of receipt. The review process shall be repeated within the specified time frames until the Contractor's Construction Schedule is accepted by the Construction Manager. C. After the Contractor and the Construction Manager agree on the Construction Schedule, said Schedule shall be identified as the "Baseline Construction Schedule", and shall become part of the Contract Documents. 1.07 BASELINE CONSTRUCTION SCHEDULE LIQUIDATED DAMAGES PROVISION A. The Contractor and the Owner agree that failure to obtain acceptance of the Baseline Construction Schedule within twenty-five (25) working days after Award of Contract will result in damages being sustained by the Owner. Further, the Contractor and the Owner agree upon the following: I. That the Contractor's failure to complete the Baseline Construction Schedule within the allotted time will affect the Owner's ability to verify that the Contractor is capable of prosecuting and completing the Work on or before the Contract Completion Date, and facilitating cooperative efforts to complete the work on or before the Contract Completion Date. 2. That the Contractor's failure to complete the Baseline Construction Schedule within the allotted time will affect the Owner's ability to understand the Contractor's intended procedures, means, and methods for completing the work. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule.doc Page 3 of 13 3. That the Contractor's failure to complete the Baseline Construction Schedule within the allotted time will affect the Owner's ability to assist the Contractor in establishing milestone events, prioritizing the Work, marshaling the Owner's forces for submittal reviews and other Owner performed work, and scheduling any Owner performed Work. 4. That the Contractor's failure to complete the Baseline Construction Schedule within the allotted time will result in additional construction management and administrative costs to the Owner. 5. That such damages, among others, are, and will continue to be, impracticable and extremely difficult to determine, but in no case shall be less than the amount specified in Paragraph 1.08(B) of Section 00150. Specific Conditions. 6. That the dollar amount specified in Paragraph 1.08(B) of Section 00 ISO, Specific Conditions is per calendar day, is the minimum value of such costs to the Owner, and is a reasonable amount. 7. That such sum is liquidated damages, shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. 1.08 CONSTRUCTION SCHEDULE PREP ARA nON GUIDELINES A. The Contractor shall be responsible for all costs associated with the preparation, maintenance, and any revisions to the Construction Schedule required by the Construction Manager. B. The Construction Schedule shall be a computer generated, time scaled, activity-on-node diagram identifying task precedence and the critical path (longest path) network. Unless otherwise approved by the Construction Manager, the computer program shall be the latest version of Primavera P3, or Primavera SureTrak. The specified software is specifically identified for compatibility with the Owner's resources. The Contractor shall change or upgrade software only as and when directed by the Construction Manager. C. The Construction Schedule shall reflect the construction phasing indicated in the Specifications, the Plans, any addenda, and any other Contract Documents. Level of detail indicated in the Construction Schedule shall be equal to, or greater than, that outlined in the Table of Contents for Part II - Technical Specifications of these Specifications and as required by the Construction Manager. D. The Construction Schedule shall include activities for all Project Submittals. Each Submittal shall have an individual activity for "Preparation and Submission", "Review and Comment", and "Response and Resubmittal". All Submittal activities shall have a predecessor and a successor activities in accordance with Paragraph 1.08(G)(lI) below. The Contractor shall be solely responsible for the actual time required to obtain the Construction Manager's acceptance of all Submittals in accordance with Section 00330. Submittals, regardless of the information presented in the Construction Schedule. Submittal activities shall have a duration not less than that prescribed by Subsection LOS, Timing of Submittals of Section 00330. Submittals. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00280 . Construction Schedule Page 4 of 13 02 312 E. The Construction Schedule shall include a written summary sufficiently comprehensive to explain the basis of the Contractor's procedures, means, and methods for completing the work on or before the Contract Completion Date. F. Activities and durations indicated on the Construction Schedule shall be consistent with any phasing and/or durations specified in the Contract Documents, and shall describe the area of work associated with each particular phase. The Construction Schedule shall indicate all Contract "milestone events" and other milestones agreed to by the Construction Manager. No other manually imposed dates will be accepted without written approval of the Construction Manager. G. The Construction Schedule shall represent a practical plan to complete the work within the time requirements of the Contract, and shall comply with, adhere to, or incorporate the following: I. The Construction Schedule shall not indicate work performed beyond the Contract Completion Date specified in the Contract. 2. If the Construction Schedule indicates an early completion of the Contract, the following shall apply: a. The early completion schedule shall satisfy all requirements of the Contract Documents. b. A Contract Change Order may, at the discretion of the Owner, be issued to the Contractor to revise the Contract Completion Date to the early completion date shown in the Construction Schedule. The contractor shall be liable for liquidated damages in the manner and dollar amount prescribed in the Contract for failure to achieve the revised Contract Completion Date. 3. The Construction Schedule shall indicate start and finish dates for all items of work, their major components, and interim milestone events as determined by Contractor and the Construction Manager. 4. The Construction Schedule shall indicate all activities for procurement, delivery, installation of equipment, materials and other supplies, including: a. Time for submittals, resubmittals, reviews by the Architect and/or Construction Manager, and reviews required by other regulating agencIes. b. Decision dates for selection of finishes. c. Time for fabrication and delivery of manufactured products for work. d. Interdependence of procurement and construction activities. e. Dates for testing and balancing equipment, and final inspection by the Architect, the Construction Manager, the Building Department, and any other regulating agencies. 5. The Schedule shall be in sufficient detail to assure adequate planning and execution of work. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule Page 5 of 13 6. Each activity shall range in duration from one (1) to ten (10) work days, with the exception of fabrication and procurement activities, unless specific written approval is obtained from the Construction Manager. If an activity takes longer than ten (10) working days, the activity shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived by written approval from the Construction Manager for repetitious activities of longer durations for which progress can be easily monitored. 7. Activity durations shall be the total of actual days req\::red to perform and finish the respective activity, and shall not include consideration of weather impact unless written approval is obtained from the Construction Manager. 8. All activities except procurement activities shown on the Construction Schedule shall be cost and resource-loaded with the total cost equal to Contract sum. The total contract price shall be distributed to the detailed schedule activities. Cost loading of design and procurement activities shall be per the Contract Documents. The sum of the budgeted costs for all schedule activities shall equal the total contract price. 9. The description of each schedule activity shall clearly identify a unique scope of work. The Contractor shall use common descriptions for common tasks. The Construction Manager shall have the authority to reject any activity descriptions. 10. Activity Durations shall be based on an analysis of the labor, equipment, and materials required to perform each activity. The Construction Manager may request the Contractor to provide justification for durations that appear to be too short or too long. II. Every activity shall have logically assigned predecessors and successors. The logic ties must accurately model reality. The NTP activity shall be the only activity in the Construction Schedule without a predecessor, and the Contract Completion Date shall be the only activity without a successor. Redundant ties to preceding activities in a sequential series of activities shall not be permitted. 12. The Construction Manager shall specifically approval in writing all time durations entered with a lag. 13. All field installation or construction activities shall include contractor and subcontractor man-hours required to complete them. 14. For the purposes of determining float, a day shall be any day on which the work scope of the activity under consideration can occur in accordance with the Contract requirements. 15. Float shall not be for the exclusive use of either the Owner or the Contractor. Float shall be jointly owned, expanding and contracting resources available to both the Owner and the Contractor on a "first come, first serve" basis. 16. The use of float suppression tec'miques by the Contractor, including preferential sequencing, special lead/lag logic restraints, extended activity durations, or imposed dates will not be permitted and shall be the grounds for rejection of the Construction Schedule. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule Page 6 of 13 02 312 17. The Contractor shall compile a schedule of all submittals required by the Contract Documents. Each submittal shall be represented in the Construction Schedule by a submittal activity sequence. For each submittal, this sequence shall include separate activities for Preparation and Submittal, Review and Approval, and Fabrication and Delivery. Any contractually required submittals for equipment testing must also be represented by separate activities. 18. As deemed appropriate by either the Contractor or the Construction Manager, the following activities shall be included in the schedule: a. Notifications or requests required by the Contract Documents. b. Mobilization and/or demobilization. c. Impacts to third parties, including traffic impacts. d. Access and availability constraints. e. Other work items, interfaces, or constraints that may impact he performance of the work. f. Interim milestone events. g. Testing Activities. 19. The Construction Schedule snail show continuous network flow from left to right. 20. The Construction Schedule shall identify all work days per week, shifts per day worked, if more than one (1) shift is worked in any twenty-four (24) hour period; and all non-work days and holidays. 21. The Construction Schedule shall identify activities which constitute controlling operations, i.e., milestone events and critical and/or longest path. 22. The activity numbers shall be grouped by work area to provide a logical summary of activities. H. Regardless of whether the Construction Schedule is accepted by the Construction Manager, the failure of the Contractor to include any element of work required for performance of this Contract shall not excuse the Contractor from completing the Work on or before the Contract Completion Date. I. Submittal of the Construction Schedule shall be interpreted as the Contractor's confirmation that the Construction Schedule meets the requirements of the Contract Documents, and that the work will be prosecuted in the sequence indicated in Construction Schedule. 1.09 CONSTRUCTION SCHEDULE REVISIONS AND UPDATES A. Revisions to Construction Schedule shall be mutually agreed upon by the Owner and the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00280 - Construction Schedule Page 7 of 13 B. If the Contractor desires to make a major change in its method or operations after commencing construction, or if its Schedule fails to reflect the actual progress, the Contractor shall submit to the Construction Manager a revised Construction Schedule. The Revised Construction Schedule shall be submitted in advance of beginning revised operations or not more than six (6) working days after notification by the Construction Manager. C. The Construction Schedule shall be updated through the last calendar day of the month not less than once each calendar month, or as requested by the Construction Manager, starting the first whole month following issuance of the Notice To Proceed. D. The monthly update of the Construction Schedule shall represent the Contractor's current plan for prosecuting the work, and shall be an accurate record of the progress as of the Construction Schedule Data Date. E. The monthly update of the Construction Schedule shall include the following: I. A description of activities planned to occur during the update period which did not occur or that occurred later than planned. 2. An explanation for any delays, along with the Contractor's view as to the party responsible for each delay. 3. A plan to mitigate all current delays. 4. Separate listing of activities, which are causing a delay in work progress. 5. Resolution of any conflicts between actual work progress and the schedule logic. 6. Provide an 812" x 11" bar chart showing all activities that will be ongoing in the six weeks following the most current Construction Schedule Data Date. F. Contract Change Orders affecting the Construction Schedule shall be clearly identified as separate, new activities. Individual activity durations shall not exceed ten (10) working days. G. If out-of-sequence actIvItIes occur during the Contractor's prosecution of the construction, the Contractor shall submit a revised Construction Schedule which conforms to the Contractor's current Work schedule. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 . Construction Schedule Page 8 of 13 02 3,2 H. If, according to the current updated Construction Schedule, the Owner determines that the Contractor will not complete the Work on or before an upcoming milestone event or the Contract Completion Date, taking into account Time Extensions to which Contractor is entitled, the Contractor shall submit a revised Construction Schedule, indicating a workable plan and a narrative description to complete the Project on time. The Construction Manager will require an update of the Construction Schedule for any of the following: I. If the total float of any path leading to any contract milestone is negative, and it's absolute value exceeds either ten (10) working days or five percent (5%) of the remaining Contract Time from the Construction Schedule Data Date to that milestone based on a five (5) day work week, the Construction Schedule shall be revised by the Contractor to reflect a feasible plan for timely completion of the work. The mitigation plan shall be accompanied by a narrative that describes the changes, and details any additional resources required by the Contractor to implement the mitigation plan. The changes required shall be submitted as part of the proposed Construction Schedule, and must be accepted by the Construction Manager prior to incorporation into the monthly update of the Construction Schedule. 2. When the Construction Schedule does not represent actual prosecution and progress of the Work. 1. Scheduling of Contract Change Orders or Extra Work order is the responsibility of the Contractor. The Contractor shall revise the Construction Schedule to incorporate all activities involved in completing the Contract Change Order or Extra Work. 1. With approval of the Construction Manager, Contract Change Orders or Extra Work for less than $15,000 and less than three (3) working days in duration do not need to be indicated on the Construction Schedule unless the Contract Change Order or Extra Work affects a current critical/longest path or affects other Owner schedules. K. Contractor acknowledges and agrees that delays to non-critical activities (those with "float") will not be considered a basis for a time extension unless activities become critical. Non-critical activities are those activities which, when delayed, do not affect an interim or final Contract Completion Date. 1.10 REVIEW OF THE CONSTRUCTION SCHEDULE A. The Construction Manager shall review and accept or return with summary comments the Contractor's Construction Schedule within six (6) working days of receipt. The Contractor shall resubmit the Construction Schedule with responses to the Construction Manager's summary comments within six (6) working days of receipt. The review process shall be repeated within the specified time frames until the Contractor's Construction Schedule is accepted by the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00280 - Construction Schedule.doc Page 9 of 13 B. If the Construction Schedule is considered by the Construction Manager to be in non- compliance with any requirement of the Contract Documents, the Contractor shall be notified to review and revise the Construction Schedule, and to bring the Construction Schedule into c'ompliance. A schedule determined to be in noncompliance with the Contract Documents by the Construction Manager shall be revised by the Contractor and resubmitted within six (6) working days following notification by the Construction Manager. C. Failure to provide complete justification to the Construction Manager for all durations that appear to be too short or too long shall be grounds for rejection of the Construction Schedule. D. The Construction Manager's acceptance of a monthly update of the Construction Schedule indicates that the submittal appears to comply with the requirements of the Contract Documents. However, it is impracticable for the Construction Manager to review the monthly update of the Construction Schedule for compliance with every requirement of the contract documents. The Contractor shall be responsible for ensuring that the monthly update of the Construction Schedule is in compliance with the requirements of the Contract Documents. Acceptance of the monthly update of the Construction Schedule does not relieve the Contractor from any requirements of the Contract Documents. 1.11 SUSPENSION OF PROGRESS PAYMENTS A. No progress payments shall be made by the Owner to the Contractor, if the Contractor has not obtained acceptance from the Construction Manager of the Baseline Construction Schedule. B. No progress payments shall be made by the Owner to the Contractor, if the Contractor has not obtained acceptance from the Construction Manager for any monthly updates to the Construction Schedule required by this Section to be submitted by the Contractor to the Construction Manager. 1.12 TIME EXTENSIONS A. Time extensions to any milestone event mandated by the Contract Documents or the Contract Completion Date shall only be granted by the Construction Manager if the delay impacts a milestone event mandated by the Contract Documents or the Contract Completion Date, is a Compensable Delay as defined in Subsection 1.05. Compensable Delays of Section 00200. Delays. Extensions. Liquidated Damages. Suspension of Work. and Termination of Contract, and has been substantiated by a Time Impact Analysis prepared in accordance with Subsection 1.12. Time [mpact Analvsis. B. In all cases, when it is possible for the Contractor to eliminate the time impact of an unforeseen event without added cost to itself, the Contractor shall do so, and shall not submit a request for time extension. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC 00280 - Construction Schedule.doc Page 10 of 13 02 312 C. If a delay impacts an already negative float path, the Contractor shall not receive a time extension unless and until the activity with the highest negative float is driven even further negative.. D. The Construction Manager's determination of total number of days extension will be based upon the most currently accepted monthly update of the Construction Schedule, except that the Construction Manager may determine that no Time Extension is warranted where the Contractor has failed to submit the monthly update to the Construction Schedule in accordance with the Contract Documents. E. The Owner may grant an extension of time for non excusable delays if the Owner determines that granting an extension is in the Owner's best interest. If the Owner grants an extension of time for non-excusable delays, the Contractor agrees to pay the Owner's actual costs, including charges for engineering, inspection, and administration incurred during the extension. F. Costs for extra engineering, inspection and administration will not be charged to the Contractor as part of any extension to the Contract Completion Date which results from a compensable delay. G. The Contractor shall pay to the Owner liquidated damages in accordance with these Specifications, if the Contractor fails to complete the work by the Contract Completion Date as extended by this Subsection. 1.13 WEATHER DAY ALLOWANCE A. The expected loss of working days specified in Subsection 1.04, Weather Delay Days of Section 00150, Specific Conditions shall be included in a separate identifiable critical activity labeled "Weather Days Allowance" to be included at the end of the Construction Schedule. When weather days are experienced, and are accepted as such by the Construction Manager, the Contractor shall either: 1. Increase the duration of the current critical activities by the number of weather days experienced; or 2. Add a critical activity to the schedule to reflect the occurrence of the weather day(s). B. The duration of the weather day allowance activity shall be reduced as weather days are experienced and included in the schedule. Any remaining weather days in the weather day allowance activity at the completion of the Project shall be considered as float and shall not be for the exclusive use or benefit of either the Owner or the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule Page 11 of 13 1.14 TIME IMPACT ANALYSIS A. Within ten (10) working days after the due date of a monthly update to the Construction Schedule, the Contractor shall submit a Time Impact Analysis for all unforeseen events that occurred during the month covered by the Construction Schedule monthly update for which the Contractor is requesting a Time Extension. Failure to submit a complete Time Impact Analysis within the required time frame shall result in the Contractor waiving its rights to any Time Extensions or claim for other damages. B. A Time Impact Analysis or a clear statement that the change has no time impact shall accompany each Change Order Request submitted by the Contractor to the Construction Manager. C. A Time Impact Analysis shall include the following: 1. A detailed set of activities that represent the impact of the delay, which are logically tied into a copy of the Construction Schedule network and which demonstrate the impact of the delay to a milestone event mandated by the Contract Documents or the Contract Completion Date. 2. A detailed narrative that describes the delay and its impact to a milestone event mandated by the Contract Documents or the Contract Completion Date. 3. A plan to mitigate the delay along with the costs of the mitigation. D. The Construction Manager shall review and accept or return with summary comments the Contractor's Time Impact Analysis within six (6) working days of receipt. The Contractor shall resubmit the Time Impact Analysis with responses to the Construction Manager's summary comments within six (6) working days of receipt. The review process shall be repeated within the specified time frames until the Contractor's Time Impact Analysis is accepted by the Construction Manager. Failure to resubmit the Time Impact Analysis within the required time frame shall result in the Contractor waiving its rights to any Time Extensions or claim for other damages. E. The results of a Schedule Analyses shall only be incorporated into the Construction Schedule following acceptance by the Construction Manager. Mitigation plans for delays that the Contractor feels may be the responsibility of the Owner shall only be implemented following acceptance by the Construction Manager. 1.15 CONTRACTOR OBJECTIONS A. If the Contractor disagrees with any of the comments made by the Construction Manager on either the Construction Schedule or the Schedule Analysis, the Contractor shall notify the Construction Manager of such disagreement within six (6) working days of receipt. The Contractor's written notification of disagreement shall include the words "Records of Objection" in the title. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule.doc Page 12 of 13 02 3\2 B. The Construction Manager shall accept the Record of Objection as valid, shall accept the Record of Objection without summary comment, or shall return the Record of Objection with summary comments to the Contractor within six (6) working days. The Contractor shall resubmit the Record of Objection with responses to the Construction Manager's summary comments within six (6) working days. This process shall be repeated within the specified time frames until the Construction Manager accepts the Record of Objection as valid or has no further summary comments. The Construction Manager shall then forward the Record of Objection to the Owner for processing as the Owner sees appropriate. C. Failure to submit or resubmit the Record of Objection within the required time frame shall result in the Contractor waiving its rights to any Time Extensions or claim for other damages. 1.16 FINAL RECORD COPY A. Submittal of an As-built Construction Schedule by the Contractor is a condition precedent to the Owner initiating the final progress payment, including release of any retention. The As-built Construction Schedule shall comply with all requirements specified in Subsection 1.08, Construction Schedule Preparation Guidelines above. B. The As-built Construction Schedule shall also include a signed certification by the Contractor that the As-built Construction Schedule represents the way the project was actually constructed. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00280 - Construction Schedule Page 13 of 13 02 312 SECTION 00290 SCHEDULE OF VALUES 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Submittal of the Schedule of Values 1.04 Baseline Schedule of Values 1.05 Schedule of Values Preparation Guidelines 1.06 Schedule of Values Revisions 1.07 Progress Payment Requests 1.08 Review of the Schedule of Values 1.09 Suspension of Payments 1.10 Cash-Flow and Work-Hour Projections 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00190 Contractor's Responsibilities and Role C. Section 00200 Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract D. Section 00300 Compensation and Payment E. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCIDTECT F. APPENDIX A - FEDERAL REQUIREMENTS 1.03 SUBMITTAL OF THE SCHEDULE OF VALUES A. All Schedule of Values submittals shall be transmitted with a Letter of Transmittal and shall include one(l) electronic copy of the Schedule of Values and one (1) printed copy on a format specified by the Construction Manager prior to submittal. B. Each electronic copy of the Contractor's Schedule of Values shall be submitted on a non-rewritable CD and shall bear the signature ofthe Schedule of Values Preparer. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO 00290 - Schedule of Values Page 1 of 4 PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 1.04 BASELINE SCHEDULE OF VALUES A. The Contractor, within three (3) working days of being informed by the Owner as being determined as the lowest bidder, shall submit for review to the Construction Manager, a detailed Schedule of Values allocating the value assigned to each part of the Work, including an allowance for profit, overhead, insurance, taxes, etc. With the submittal, the Contractor shall certify that the Schedule of Values is not unbalanced and that the value assigned to each part of the work represents the Contractor's estimate of the total actual cost of performing that part of the work. B. The Construction Manager shall review and accept or return with summary comments the Contractor's Schedule of Values within six (6) working days of receipt. The Contractor shall resubmit the Schedule of Values with responses to the Construction Manager's summary comments within six (6) working days of receipt. The review process shall be repeated within the specified time frames until the Contractor's Schedule of Values is accepted by the Construction Manager. C. After the Contractor and the Construction Manager agree on the Schedule of Values, said Schedule shall be identified as the "Baseline Schedule of Values", and shall become a part of the Contract Documents. D. The contract shall not be executed by the Owner, until the "Baseline Schedule of Values is approved by the Construction Manager. 1.05 SCHEDULE OF VALUES PREP ARA nON GUIDELINES A. The Contractor shall be responsible for all costs associated with the preparation, maintenance, and any revisions to the Schedule of Values required by the Construction Manager. B. The Schedule of Values shall list the installed value of the component parts of the Work in sufficient detail to serve as one of the bases for evaluating progress payments submitted by the Contractor. For each major line item the Contractor shall list sub-values of the major products or operations composing said major item, as appropriate. C. The Schedule of Values shall be computer-based, in a format acceptable to the Construction Manager. It shall reflect the construction phasing indicated in the Specifications, the Plans, any addenda, and any other Contract Documents. The Level of detail indicated in the Schedule of Values shall be equal to, or greater than, that outlined in the Table of Contents of Part II - Technical Specifications. 1.06 SCHEDULE OF VALUES REVISIONS A. Revisions to the Schedule of Values shall be mutually agreed upon by the Owner and the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO 00290 - Schedule of Values.doc Page 2 of 4 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. '() 2 3 1 2 1.07 PROGRESS PAYMENT REQUESTS A. Simultaneously with each submittal of the Contractor's Progress Payment Request, the Contractor shall'deliver to the Construction Manager an updated Schedule of Values reflecting work costs as of the date of the requested progress payment, and the costs of the remaing work. The sum of the costs as of the date of the requested progress payment and the costs of the remaining work shall equal the total Contract sum. 1.08 REVIEW OF THE SCHEDULE OF VALUES A. The Construction Manager shall review and accept or return with summary comments the Contractor's Schedule of Values within six (6) working days of receipt. The Contractor shall resubmit the Schedule of Values with responses to the Construction Manager's summary comments within six (6) working days ofreceipt. The review process shall be repeated within the specified time frames until the Contractor's Schedule of Values is accepted by the Construction Manager. B. If the Schedule of Values is considered by the Construction Manager to be in non- compliance with any requirement of the Contract Documents, the Contractor shall be notified to review and revise the Schedule of Values, and to bring the Schedule of Values into compliance. A schedule determined to be in noncompliance with the Contract Documents by the Construction Manager shall be revised by the Contractor and resubmitted within six (6) working days following notification by the Construction Manager. C. The Construction Manager's acceptance of a monthly update of the Schedule of Values indicates that the submittal appears to comply with the requirements of the Contract Documents. However, it is impracticable for the Construction Manager to review the monthly update of the Schedule of Values for compliance with every requirement of the Contract Documents. The Contractor shall be responsible for ensuring that the monthly update of the Schedule of Values is in compliance with the requirements of the Contract Documents. Acceptance of the monthly update of the Schedule of Values does not relieve the Contractor from any requirements of the Contract Documents. 1.09 SUSPENSION OF PAYMENTS A. No progress payments shall be made by the Owner to the Contractor, if the Schedule of Values submitted with the Request for Progress Payment has not been accepted by the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO 00290 - Schedule of Values Page 3 of 4 PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 1.10 CASH-FLOW AND WORK-HOUR PROJECTIONS A. The Construction Manager shall have the right to request that a Cash-Flow Projection or a Work-hour Projection be submitted simultaneously with any update to the Schedule of Values. B. Each Projection shall be reviewed, revised by the Contractor, and accepted by the Construction Manager as required for Schedule of Values in Subsection 1.08 Review of the Schedule of Values above. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO 00290 - Schedule of Values Page 4 of 4 PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC 02312 SECTION 00300 COMPENSATION AND PAYMENT 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General Payment Provision 1.04 Progress Payments 1.05 Progress Payments - Inclusion of Materials on Hand 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00200 Delays, Extensions, Liquidated Damages, Suspension Of Work, And Termination Of Contract C. Section 00280 Construction Schedule D. Section 00290 Schedule of Values E. Section 00380 Measurement of Quantities F. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT G. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL PAYMENT PROVISION A. The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals ne~essary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefor. Neither the payment of any progress payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00300 - Compensation and Payments. doc Page 1 of 6 1.04 WORK PRIOR TO ISSUANCE OF NOTICE TO PROCEED A. Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work, and the City shall not be obligated to accept or pay for any work, performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work at the site. 1.04 PROGRESS PAYMENTS A. In consideration of the faithful performance of the work prosecuted in accordance with the Construction Documents, the Owner will pay the Contractor for all such work installed on the basis of percent completion. B. Payments will be made by the Owner to the Contractor on estimates duly certified and approved by the Construction Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the work accompanied by an approved invoice). C. Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. D. Progress payments will be made monthly based on work accomplished as of a day mutually agreed to by the Owner and the Contractor. E. The Contractor shall submit its progress pay request of the work completed during the prior month and the work completed to date in accordance with Section 00290. Schedule of Values. Upon receipt of the Contractor's requests for payment, the Owner shall act in accordance with the following: 1. The Construction Manager shall review the submitted progress pay request for the purpose of determining that it is a proper request for payment. Any request for payment determined not to be a proper payment request suitable for payment shall be returned to the Contractor in accordance with these Specifications. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper. 2. Within six (6) working days of receiving the progress pay request, the Construction Manager shall: a) Return the pay request to the Contractor with his reasons, if the progress pay request determined not to be a proper payment request suitable for payment, or SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00300 - Compensation and Payments.doc Page 2 of 6 02312 b. Inform the Contractor that the progress pay request is accepted, and process it for payment. This process shall continue until a the progress pay request is approved by the Construction Manager. F. If requested, the Contractor shall provide such additional data as may be reasonably required to support the progress payment request, including, but not limited to, time cards for all employees ofthe Contractor and its Subcontractors. G. When the Contractor's estimate of amount earned conforms with the Construction Manager's evaluation, the Construction Manager will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request for the City's approval and processmg. H. Payments will be made by the Owner to the Contractor in accordance with the Owner's normal accounts payable procedures. The Owner shall retain amounts from the Contractor's progress payments in accordance with Section 00230. Retention. 1. No such estimate or payment shall be required to be made, when in the judgement of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager's judgement the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). 1. Subject to the provisions of this Section, the Owner shall pay the Contractor within forty- five (45) calendar days after receipt of an undisputed and properly submitted request from the Contractor for progress payment. In accordance with Public Contract Code Section 20104.50, if the Owner fails to pay an undisputed request for payment within the allotted forty-five (45) days, the Owner shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 1.05 PROGRESS PAYMENTS - INCLUSION OF MATERIALS ON HAND A. Materials, as used herein, shall be considered to be those fabricated items which qualify as manufactured goods and equipment. Only those materials for which the Contractor can transfer clear title to the Owner will be qualified for progress payment. The Contractor may request payment of seventy-five percent (75%) of the actual net cost of these materials. B. To receive a progress payment for materials and equipment delivered to the Site, but not incorporated in the Work, the Contractor shall submit to the Construction Manager a list of such materials, at lea.;t seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager's sole discretion, the Construction Manager will approve items for which progress payment is to be made subject to the following: SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00300 - Compensation and Payments. doc Page 3 of 6 I. Only equipment or materials which have received favorable revIew of shop drawings will qualify. 2. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager, at the job site or at a bonded warehouse. 3. The Contractors actual net cost for the materials must be supported by paid invoices of suppliers, or other documentation requested by the Construction Manager. 4. Materials or equipment delivered to the Site less than thirty (30) calendar days prior to their scheduled incorporation in the Work shall not qualify. 5. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and progress payments made for these items shall be deducted from the final payment for the Work. 6. Progress payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract Documents. 7. The Owner shall retain amounts for materials and equipment on hand from the Contractor's progress payments in accordance with Section 00230, Retention. SEE ATTACHED SAMPLE PAY REQUEST FORMS, WHICH WILL BE USED FOR THIS PROJECT SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00300 - Compensation and Payments. doc Page 4 of 6 o z .... CI) w ~ a w ~ >- <( Q" Cl)w CI)::E w~ ~I- C)O o~ ~o Q"g: o z o I- o L.U ...., o ex:: c.. ex:: o I- o ~ I- Z o o ~ Z L.U ::E >- <l: c.. o ex:: <l: ~ a::: o u.. GI o -; I- C (/) 0 ~ (/) ":J w ~ c Q) g ~ .~ ::Eo:J80oal <l: 0 0 E 0:: z <l: E .9 <C .9 a::: a::: <l: .. -0 ~ o 0 ~ ~ .~ I- I- ... Co > o 0 L.U c ~ ~ I- I- Z 'z o 0 o 0 ~ o o ~ Ie ,:J I~ lal Iu !'o > -= '#- l{) "! ~ -0 Qi .<: E ~ e :J o E <l: al .S! 15 z '+- o al 10 o c .2 15. '5 '" Q) o c:i z 1:1 GI c: ... 1lI L.U Ie :J o E <C >- 1lI D. '#- l{) "! ~ -0 Qi .<: E ~ e :J o E <l: al '" ro al Qi ex:: '0 al 10 o c .2 15. '5 '" Q) o c:i z :>, ',,- ..0 Is -0 0. i (/) ~ 0 alro- Ual(/) ~C3~ Z-~ :J ro 0..0 al .9:2U (/)al~ ",'<:-0 :J::; .Q .2 "~ Q; a;alo. 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I --, >> i i :'t',ij W W 0 ~ I a I l- I- 0:: <( <( "- 1 I C C I - t- ..- 0 0 1 I l- I- ~ - II) I- (I) 3~;._ . ':1 C I II:: U (l)W iii W ~ znsra.!2~ = ' C (I);::) g~~~~o>~ ~ ~I~ ~ ~ ~ W II:: I- wO II) X ~ ~ ~ ~ x 0 Z <( ~ ~ 0 Ct::w c..-QJ ::I.c"'C XI X en x x W u C)Ct:: ii2:i:;~cn.s~..._ ------+----' ...J C> ...J 0>- ti g ,,~ ~~ 3 tltl1 x I x l'1x i ~ x x x xix x Z ~ <( Ct::c( W3:!UGJCGJQ,3: ,0 :I: 0 c..c.. z C..c III Q. OJ -c OJ 0 i ~ I~l I u I- UCD 0... 'tl 0 uiCD cO> .,01 ~~ .. a.. 'tl Z C o ~ ~ .!2 Eo-< 1ii U en '-"I c 'ZJ 8- ... E o 8 Q 0 Z 0 '-"I g o z u o :<; ~ <Ii i:!: ffi :J ~ in <3 ~ z J: W W J: c:: ~ () ~ 1'2 z o c2 r- >- (/) u.' I ~ r- 0 o <il a.. <f) w ~ o ffi W Q. l..Lo~ i:!:~~ zo>- ~c::;: (/)~Cl oZw z cr~ _w o CO ~ c::z< ~~>-' Z(/)<ll C::L1.Cl ~O~ z~a: .q:: -~ (/) () Q. 02 3lL SECTION 00310 SUBSTITUTIONS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Contractor's Right to Substitute 1.04 Timing of Substitution Submittals 1.05 Review of Substitutions 1.06 Substitution Costs. 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 CONTRACTOR'S RIGHT TO SUBSTITUTE A. In accordance with California Public Contracts Code Section 3400, it is not the intention of the Owner to limit the use of materials, products, systems, equipment, services, etc. to anyone single source. B. Unless specifically noted as a sole source material, product, system, piece of equipment, service, etc., any references to a uniquely specific material, product, system, piece of equipment, service, etc. in the Contract Documents is done so solely for the purpose of defining scope of work and minimum quality, and shall not be construed as a mandatory requirement of the Owner, or any of its representatives, to use that specific material, product, system, equipment, service, etc. C. Nothing in the Contract Documents shall limit the Contractor's right to submit for review, and potential approval, any request to suostitute the specified material, product, system, equipment, service, etc. with any equal material, product, system, piece of equipment, service, etc submitted in accordance with the Section. D. Approval of a request for substitution shall not be arbitrarily withheld by the Owner, or any of its designated representatives. E. The Contractor shall not substitute any material, product, system, equipment, service, etc. without the prior written approval of the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00310 - Substitutions Page 1 of 3 1.04 TIMING OF SUBSTITUTION SUBMITTALS A. The Contractor shall submit any and all requests and/or proposals for substitutions in due course such that any and all Project delays will be avoided. B. The Contractor shall be solely liable for any, and all, Project delays which arise from, or are related to, any request to substitute a specified material, product, system, equipment, service, etc., especially any delays incurred during the review of a potential substitution. 1.05 REVIEW OF SUBSTITUTIONS A. The Construction Manager will review and return the Contractor's submittal to substitute a potentially equal material, product, system, piece of equipment, service, etc. with summary comments, within thirty (30) working days following receipt of the substitution request to the Construction Manager. The Contractor shall respond to all summary comments of the Construction Manager within twenty (20) working days following receipt thereof. This process shall continue until the proposed substitution is approved or denied. B. With the Contractor's list of Proposed Substitutions, the Contractor shall submit sufficient plans, calculations, data, samples, literature, and any other detailed information as will demonstrate to the satisfaction of the Construction Manager that the Contractor's proposed substitute is equal to that specified in the Contract Documents. C. The Construction Manager shall consider a product equal only where the proposed substitution is equal to, or better than, the material, product, system, equipment, service, etc. identified in the Contract Documents. D. No guarantee is given that any material, product, system, piece of equipment, service, etc. will be approved by the Construction Manager as one that is equal to that specified in the Construction Documents. Submittals will be approved only if the Construction Manager determines that the proposed substitution is equal to, or better than, the material, product, system, equipment, service, etc. specified in the Construction Documents. E. The Construction Manager's approval of any material, product, system, piece of equipment, service, etc. indicates only that the material, product, system, piece of equipment, service, etc. apparently meets the requirements of the Contract Documents on the basis of the plans, calculations, data, samples, literature, and any other information submitted by the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00310. Substitutions. doc Page 2 of 3 02 312 1.06 SUBSTITUTION COSTS A. The Contractor shall be responsible for all Contract Document revision costs where substitution of an equal material, product, system, piece of equipment, service, etc. requires a revision to the Contract Documents. B. When required by the Construction Manager, the Contractor, at no cost to the Owner, shall have the substitution tested by an approved testing laboratory under the direction of the Construction Manager. C. If substitutions are proposed by the Contractor and approved by the Construction Manager, the Contractor, at no additional cost to the Owner, is responsible for providing any electrical, mechanical, structural, or other related changes to the Contract Documents that may be required to accommodate the Contractor's substitution. D. Any deviation from the Contract Documents resulting from the Contractor's substitution shall not be a basis for any "extra charges" above and in excess of the original Contract Sum for the Work. E. The Contractor is responsible for all additional costs to the Owner, the Construction Manager, the Architect, and any other agents or representatives of the Owner, for the evaluation of the Contractor's substitution information, regardless of whether the substitution is approved or denied. The Owner, acting through the Construction Manager, shall deduct said costs from the Contract monies due the Contractor. F. The Contractor and the Owner shall share equally any monetary savings resulting from the approval of any request to substitute an equal material, product, system, equipment, service, etc. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00310 - Substitutions Page 3 of 3 02312 SECTION 00330 SUBMITTALS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Contractor's Responsibilities 1.04 Cost of Submittal Preparation 1.05 Timing of Submittals 1.06 Submittal Procedures 1.07 Transmittal Procedures 1.08 Review Procedures 1.09 Shop Drawing Submittal 1.10 Product Data Submittal 1.11 Sample Submittal 1.12 Manuals 1.13 Certificates 1.14 Material List Submittals 1.15 Color Schedules 1.16 Finish Hardware List 1.02 RELATED SECTIONS A. Section 00170 Construction Manager's Responsibilities and Role B. Section 00180 Architect's Responsibilities and Role C. Section 00190 Contractor's Responsibilities and Role D. Section 00280 Construction Schedule E. Section 00300 Compensation and Payment F. Section 00330 Submittals G. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT H. APPENDIX A - FEDERAL REQUIREMENTS SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00330 . Submittals Page 1 of 12 1.03 CONTRACTOR'S RESPONSIBILITIES A. All Submittals required by the Contract Documents, including, but not limited to, the following shall be prepared and submitted by the Contractor to the Construction Manager in accordance with this Section: I. All Shop Drawings. 2. Product data Submittals. 3. Sample materials. 4. Manuals. 5. Material lists. 6. Structural steel details. 7. Reinforcing steel details. 8. Electrical control details. 9. Architectural fabrications. 10. Pipe, pipe joints, and special pipe sections. II. Other appurtenances as required in Part II - Technical Specifications. B. All Submittals and supporting data, catalogs, schedules, etc., shall be submitted as the instruments of the Contractor. The Contractor shall be solely responsible for the accuracy, completeness and coordination of each Submittal. The Contractor's responsibility for accuracy, completeness, and coordination shall not be delegated in whole or part to any of the Contractor's subcontractors at any tier, its suppliers, or its fabricators. Submittals may be prepared by the Contractor, its subcontractors at any tier, its suppliers, or its fabricators, but the Contractor shall be solely responsible for verifying that each Submittal meets all of the requirements of the Contract Documents, while conforming to the actual or existing structural, space, and access conditions of the Proj ect. C. The Contractor shall be solely responsible for insuring that no conflicts occur between any of the Submittals, regardless of the timing of each Submittal's preparation. D. Designation of work "by others," or similar language, if shown on the Submittal, shall mean that the work will be the responsibility of the Contractor rather than the subcontractor, supplier, or fabricator who prepared the Submittals. E. The Contractor shall notify the Construction Manager in each case where its Submittal may affect the work of the Owner or another contractor working separately for the Owner. F. It is the Contractor's responsibility to prepare, submit, review, and obtain acceptance of all Submittals well in advance of starting corstruction on the Work requiring Submittal. No Time Extension will be allowed for the Contractor's delay in making Submittals. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC 00330 - Submittals Page 2 of 12 02 312 1.04 COST OF SUBMITTAL PREPARATION A. The Contractor shall be solely responsible for the costs associated with obtaining the acceptance of all Submittals which require review by the Construction Manager or the Architect. B. The Contractor shall be solely responsible for the costs associated with obtaining the acceptance and/or approval of all Submittals which require review by the Construction Manager, the Architect, any consultants to the Architect, any required City Departments and/or Divisions, and/or any other regulatory agencies having jurisdiction such as, but not limited to, the Building Department, Fire Department, the Department of Public Works, the Department of Health, or the Sanitation District. Note: City Department and Division titles and Agency titles may very with each jurisdiction. The Contractor is responsible for contacting the Owner or the Construction Manager for a list of City Departments and or Divisions which may, at any time during the course of construction, be called upon for review and approval. The Contractor shall be solely responsible for determining which non-City regulatory agencies may, at any time during the course of construction, be called upon for review and approval. 1.05 TIMING OF SUBMITTALS A. The Contractor should be aware that the Construction Manager, the Architect, any Consultants to the Architect, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and/or any other regulatory agencies having jurisdiction required by the Contract Documents to review and accept or approve each Submittal may require multiple resubmittals. No time extension will be allowed for the Contractor's failure to allow adequate time for resubmittal, including multiple resubmittals, of each Submittal. B. The Contractor shall be solely responsible for the duration of time associated with obtaining the acceptance and/or approval of all Submittals which require review by the Construction Manager, the Architect, any consultants to the Architect, any required City Departments and/or Divisions, and/or any other regulatory agencies having jurisdiction such as, but not limited to, the Building Department, Fire Department, the Department of Public Works, the Department of Health, or the Sanitation District. Note: City Department and Division titles and Agency titles may very with each jurisdiction. The Contractor is responsible for contacting the Owner or the Construction Manager for a list of City Departments and or Divisions which may, at any time during the course of construction, be called upon for review and approval. The Contractor shall be solely responsible for determining which non-City regulatory agencies may, at any time during the course of construction, be called upon for review and approval. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00330 - Submittals Page 3 of 12 C. The Contractor shall be solely responsible for the timing of Submittal preparation, review and comment, response and resubmittal, rereview, and acceptance and/or approval in accordance with the Construction Schedule most recently accepted by the Construction Manager and th~ Contract Documents. The Contractor shall be solely responsible for insuring that Submittals are prepared, reviewed, and accepted and/or approved in a sequence that avoids delaying the Project Work. D. The Contractor shall be solely responsible for coordinating Submittals and activities that must be performed in sequence, so that the Construction Manager has enough information to properly review each Submittal. E. In order to assist in expediting the review of all Submittals required by the Contract Documents or other Codes, Laws, regulations, etc. to be reviewed and accepted or approved by the Construction Manager, the Architect, any consultant to the Architect, any City Department or Division, or any other agencies having jurisdiction, the Contractor shall include Submittal activities on the Construction Schedule in accordance with Paragraph 1.08eD) of Section 00280. Construction Schedule. F. Sufficient time shall be allowed by the Contractor for preparation, submittal, review, comment, response, and resubmittal of all Submittals. The Contract shall assume working day intervals for Submittal review by the Owner, or its designated representatives, of not less than the following: 1. A minimum of fifteen (15) working days following receipt thereof for review of each Submittal and/or resubmittal which requires only the Construction Manager's acceptance. 2. A minimum of twenty (20) working days following receipt thereof for each review of each Submittal and/or resubmittal which requires acceptance by both the Construction Manager and the Architect. 3. A minimum of twenty-five (25) working days following receipt thereof for each review of each Submittal and/or resubmittal which requires acceptance by the Construction Manager, the Architect, and any Consultant to the Architect; including, but not limited to, the Project Electrical Engineer, the Project Mechanical Engineer, or the Project Plumbing Engineer. 4. A minimum of twenty-five (25) working days following receipt thereof for each review of each Submittal and/or resubmittal which requires approval by the Building Department having jurisdiction or any regulatory agency having jurisdiction. The Contractor shall allow additional review and acceptance time for the Construction Manager and/or the Architect, as appropriate, subsequent to acceptance or approval by the Building Department having jurisdiction or any regulatory agency having jurisdiction. G. Where uncertain which entity is required to accept and/or approve a Submittal, the Contractor shall assume the worst case time duration, unless written clarification is otherwise obtained from the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00330 - Submittals.doc Page 4 of 12 o 2 312 H. The Contractor shall stagger its Submittals, as necessary, to allow the Construction Manager, the Architect, any consultant to the Architect, any City Department or Division having jurisdiction, and/or any other regulatory agencies having jurisdiction adequate time for proper review without negative impact to the Contractor's Construction Schedule. The Contractor shall not submit more than four (4) Submittals in any single five (5) working day period, without written approval from the Construction Manager. I. It is considered reasonable that the Contractor shall make a complete and acceptable Submittal to the Construction Manager by the first resubmittal. The Owner reserves the right to deduct monies from payments due the Contractor to cover the Owner's additional administrative and construction management costs for review beyond the first resubmittal of any given Submittal. 1.06 SUBMITTAL PROCEDURES A. Each Submittal shall be accompanied by a letter of transmittal prepared in accordance with Subsection 1.07, Transmittal Procedures below, and shall contain a complete itemized and numbered list of submitted materials. Separate letters of transmittal shall accompany each Submittal from different subcontractors. Each transmittal shall contain the following information: 1. The Project Name. 2. The date of Submittal. 3. The Contractor's, subcontractor's, fabricator's, manufacturer's, and/or supplier's name and address. 4. The Contractor's approval stamp noting the Submittal meets all the requirements of the Contract Documents. Submittals received without this stamp will be returned without review or action. 5. Submittals to the Construction Manager shall be prepared in such form that data can be identified with the applicable Specification paragraph, pertinent Plan sheet(s), detail number(s), or other such information to clarify the purpose and/or intent of the Submittal. The data shall clearly demonstrate compliance with the Contract Documents, and shall relate to the specific equipment to be furnished. Where manufacturer's standard drawings are employed, they shall be marked clearly to show what portion of the data is applicable to this project, and all other information shall be voided. 6. Other necessary identifying information requested in writing by the Construction Manager. A complete Submittal shall contain sufficient data to demonstrate that the items comply with the Contract Documents, and shall include materials and equipment data and seismic anchorage certifications where requested by the Construction Manager. B. The Contractor shall pack Submittals suitably for shipment. The Contractor shall provide a blank space, not less than 4 inches wide by 5 inches high, on the label or on the Submittal itself for action marking by the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00330 . Submittals Page 5 of 12 C. Submittals which require review and acceptance solely by the Construction Manager, the Architect, and/or any consultant to the Architect shall be submitted directly to the Construction Manager. D. Submittals which require review and approval by any City Department or Division having jurisdiction and/or any other agencies having jurisdiction, as well as acceptance by the Construction Manager, the Architect, and/or any consultant to the Architect, shall be submitted by the Contractor to the appropriate Department, Division or regulatory agency first. E. Submittals which require review and approval by any City Department or Division having jurisdiction and/or any other agencies having jurisdiction shall not be submitted to the Construction Manager until approval has first been obtained from all required Departments, Divisions and/or agencies. F. If written approval is first obtained from the Construction Manager, the Contractor may simultaneously have the Submittal reviewed by both the City Department, Divisions and/or regulatory agency(ies) having jurisdiction; and the Construction Manager, the Architect, and/or any consultant to the Architect. Where simultaneous review is allowed by the Construction Manager, the Contractor shall be solely responsible for coordinating the requirements of all City Departments and Divisions, other agencies, and the Owner's representatives. G. Submittals will be accepted from the Contractor only. Submittals received from other entities will be returned without review or action. Submittals received without a transmittal form will be returned without review or action. H. Resubmittals shall be resubmitted as specified for initial Submittals but shall be identified as a resubmittal. The Contractor shall indicate any changes, other than those requested by the Construction Manager, the Architect, and/or any consultant to the Architect; any City Department or Division; and any other regulatory agency(ies) which have been made. I. Substitutions will not be considered when indicated or implied on any Submittal. The Contractor shall submit separate written requests for substitutions in accordance with Section 00310, Substitutions. If a Submittal contains a product substitution that has not been previously approved by the Construction Manager, all sets of the Submittal will be returned to the Contractor without review or action. 1.07 TRANSMITTAL PROCEDURES A. A separate transmittal form shall be used for each individual Submittal. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package, or are so functionally related that expediency indicates checking or reviewing of the group or package as a whole. The Specification section to which the Submittal is related shall be indicated on the transmittal form. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00330 . Submittals Page 6 of 12 02 312 B. A unique number, sequentially assigned and maintained by the Contractor throughout the entire Submittal process, shall be noted on each transmittal form accompanying each Submittal. Initial Submittal numbers shall have the following format: "SUBMITTAL NO. # # #", where # indicates a sequential whole number integer between 0 and 9. Resubmittals shall have the following format: "SUBMITTAL NO. X X X - # #"; where "X X X" is the initial Submittal Number assigned by the Contractor, and "# #" is a sequential number assigned by the Contractor for each resubmittal. For example, SUBMITTAL NO. 018-03, represents the 3rd resubmittal of the 18th Submittal. C. Should resubmittal of a Submittal previously accepted by the Construction Manager be required, the Contractor shall use the following format: "SUBMITTAL NO. X X X - X X - Z (where X X X - X X is the Submittal Number of the accepted Submittal, and Z is a sequential alpha-character starting with the letter A, indicating the number of times a previously accepted Submittal is resubmitted to the Construction Manager. For example, SUBMITTAL NO. 018-03-B indicates that previously accepted Submittal (Submittal No 018-03) has been resubmitted to the Construction Manager twice (A being used to indicate the first resubmittal, and B being used to indicate the second resubmittal.). 1.08 REVIEW PROCEDURES A. Each of the Contractor's Submittals shall be reviewed by the Construction Manager, the Architect, and/or any consultants to the Architect, and accepted as is or returned with summary comments to the Contractor. Each Submittal will be stamped or otherwise identified as follows: 1. ACCEPTED - NO EXCEPTIONS NOTED This stamp or similar identification indicates that the Submittal is accepted subject to its compatibility with future submissions and additional partial submissions for portions of the Work not covered in this Submittal. The acceptance does not constitute approval or deletion of specified or required items not shown in the Submittal. Resubmittal is not required. 2. MAKE CORRECTIONS NOTED Same as Item No. 1 above, except that minor corrections, as noted on the Submittal by the reviewer, shall be incorporated by the Contractor into the Work. Resubmittal is not required. 3. REVISE AND RESUBMIT This stamp or similar identification indicates that the Submittal was not approved because of the identified inconsistencies or errors which shall be resolved or corrected by the Contractor prior to resubmittal. Resubmittal is required. 4. REJECTED SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00330 - Submittals Page 7 of 12 This stamp or similar identification indicates that the Submitted material was not reviewed, a review was started but the Submittal was found to be incomplete, the Submittal was submitted by individuals other than the Contractor, the contents of the Submittal deviates significantly from the Contract Documents, or was rejected for other reasons as noted on the Submittal. The Contractor is solely responsible for correction of the Submittal, and for correcting any errors in the submittal process. Resubmittal is required. B. When directed by the Construction Manager, the Architect will prepare additional plans, sketches, details, or similar clarifying material in accordance with Subsection 1.05. Architect's Right to Supplement Contractor's Submittal Material of Section 00180, Architect's Responsibilities and Role. The Architect shall have the right to invoice for all costs associated with the preparation of clarifying material, and, where determined appropriate by the Construction Manager, all such costs shall be deducted from monies owed or to be owed the Contractor. C. It shall be the Contractor's responsibility to copy and distribute reviewed Submittals in sufficient numbers for its files, its field use, its subcontractors, and its suppliers. D. The Favorable Review of Submittals shall be obtained prior to the fabrication, delivery and construction of all items requiring Submittal review. E. Favorable Review of Submittals does not constitute a Contract Change Order. F. The Favorable Review of all Submittals shall apply in general design only and shall in no way relieve the Contractor from its responsibility to observe and correct errors or omissions contained therein. G. Favorable Review shall not relieve the Contractor of its obligation to comply with all Codes, Laws, regulations and to meet any and all safety requirements. H. Favorable Review will not constitute acceptance of any responsibility by any accepting or approving entity for the accuracy, coordination, and completeness of the Submittal, nor for the items of equipment represented within the Submittal. I. Any revisions or notes provided as part of the Favorable Review, that in the opinion of the Contractor or supplier, materially differ from the Contract Documents, are to be immeJiately brought to the attention of the Construction Manager. J. No review will be performed on Submittals that arc not required by the Contract Documents. Any such Submittals will be returned to the Contractor without review or action taken. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00330 - Submittals Page 8 of 12 02 312 K. If a Submittal deviates from the Contract Documents, other than a substitution, the Contractor shall include with the Submittal a separate written description of each such deviation(s), and the reason(s) for each such deviation(s). If the Owner accepts such deviation(s), the . Owner shall issue an appropriate Contract Change Order, except that, if the deviation(s) is/are minor, or does/do not involve a change in Contract Sum, or does/do not require a Time Extension, a Contract Change Order need not be issued. Review and acceptance of any Submittal which includes one or more deviations from the Contract Documents, which are not identified as required by this paragraph, shall not be construed to indicate acceptance by any reviewer of such deviation(s). Substitutions shall be in accordance with Section 00310. Substitutions. 1.09 SHOP DRAWING SUBMITTAL A. Unless otherwise indicated in writing by the Construction Manager, the Contractor shall submit the following for each Shop Drawing Submittal: 1. For Submittals which only require review and acceptance by the Construction Manager, the Contractor shall submit a minimum of two (2) sets of reproduced plans, and a minimum of one (1) set of reproducible plans. 2. For Submittals which require review and acceptance by the Construction Manager and the Architect, the Contractor shall submit a minimum of four (4) sets of reproduced plans, and a minimum of one (1) set of reproducible plans. 3. For Submittals which require review and acceptance by the Construction Manager, the Architect, and any Consultant to the Architect; including, but not limited to, the Project Electrical Engineer, the Project Mechanical Engineer, or the Project Plumbing Engineer, the Contractor shall submit a minimum of six (6) sets of reproduced plans, and a minimum of two (2) set of reproducible plans. B. A minimum of one (I) reproducible plan, with summary comments, will be returned to the Contractor. 1.10 PRODUCT DATA SUBMITTAL A. Where Manufacturer's Standard Schematic Drawings are being submitted, the Contractor shall perform the following prior to submittal: I. Delete all information that is not applicable to the Project. 2. Supplement the standard Drawings to provide additional information applicable to the Proj ect. B. Where manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data are being submitted, the Contractor shall perform the following: I. Clearly mark each copy to identify pertinent materials, products, or models. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00330 . Submittals Page 9 of 12 2. Indicate dimensions and clearances required. 3. Indicate performance characteristics and capacities. 4. Indicate 'power requirements, wiring diagrams and controls. C. Unless otherwise indicated in writing by the Construction Manager, the Contractor shall include the following for each Product Data Submittal: 1. For Submittals which require review and acceptance only by the Construction Manager's, submit a minimum of two (2) sets. 2. For Submittals which require review and acceptance by the Construction Manager and the Architect, submit a minimum of four (4) sets. 3. For Submittals which require review and acceptance by the Construction Manager, the Architect, and any Consultant to the Architect; including, but not limited to, the Project Electrical Engineer, the Project Mechanical Engineer, or the Project Plumbing Engineer, submit a minimum of six (6) sets. D. A minimum of one (I) set, with summary comments, will be returned to the Contractor. 1.11 SAMPLES SUBMITTAL A. Where samples are being submitted, the Contractor shall perform the following:: 1. Submit samples of sufficient size and quantity to clearly illustrate: a. The functional characteristics of the product or material, with information on integral parts and attachment devices. b. Information on the full range of colors, textures, patterns, etc. 2. Provide permanent identification for each sample. 3. Whenever a choice of color, texture, pattern, etc. is available in a specified product, submit accurate color chips and pattern charts for review and selection. B. When required by the Contract Documents or by the Construction Manager, the Contractor shall erect field samples and mock-ups at the project site to illustrate materials, equipment, and/or workmanship, and to establish standards by which the completed work shall be judged. Field samples may only be reused in the Work if undamaged, and if specific written approval from the Construction Manager to reuse the specific sample is obtained by the Contractor. C. The Contractor shall submit a minimum of three (3) of each sample. One (1) copy will be returned to Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00330 . Submittals Page 10 of 12 02 :'1.2 1.12 MANUALS A. Where Manuals are required by the Contract Documents to be submitted by the Contractor to the Construction Manager, the Contractor shall bind manual materials in durable binders, approximately 8-1/2" by 11" in size, and the Contractor shall include the following information: I. Identification on, or readable through, the front cover and the binding of the binder, stating the general nature of manual. 2. Neatly typewritten index at the front of the binder, furnishing immediate information as to the location within the binder of the data or equipment involved. 3. Complete instructions regarding operation and maintenance of equipment involved. 4. Complete nomenclature of replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all Guarantees and Warranties issued. 6. Copy of approved Shop Drawings with data concerning changes made during construction. B. Where the contents of the binders includes the manufacturer's catalog pages, clearly indicate the precise items included in this Project, and delete, or otherwise clearly indicate which manufacturer's data is not part of this Project. C. The Contractor shall submit a minimum of three (3) copies of each manual to the Construction Manager for review, acceptance and distribution. 1.13 CERTIFICATES A. All Certificates shall be submitted in triplicate. 1.14 MATERIAL LIST SUBMITTALS A. Within twenty-five (25) working days after Award of Contract, the Contractor shall submit to the Construction Manager a Material List. B. The Material List shall include the following: 1. All equipment and material for HV AC work, including piping. 2. All equipment and material for plumbing work. 3. All equipment and material for electrical work. 4. All equipment and material for fire sprinklers. 5. All equipment and material for lawn sprinklers. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00330 - Submittals Page 11 of 12 1.15 1.16 6. All equipment and material for architectural work. 7. All other equipment and material required to be listed by the Contract Documents. C. The material list shall be submitted using the following sample layout (double spaced between each item). Item No. 1 Plan Sheet Number Where Description Manufacturer Model Number Referenced Material ABC Corp. XXX A#.# D. All items on the Material List shall be arranged in the same order as in these Specifications, and shall contain sufficient data to identify precisely the items of material and equipment the Contractor proposes to furnish. E. Each item on the Material List shall reference a specific Specification Subsection or Plan Sheet reference. F. After Favorable Review of the Material List Submittal, the Material List shall become one of the bases used for the review of all Submittals required by the Contract Documents. G. The Favorable Review of Shop Drawings shall be obtained prior to the fabrication of any item contained on the Shop Drawing. H. A supplementary Material List Submittal is required for all equipment and materials which were omitted or were not approved. I. Six (6) copies of the Material List Submittal shall be submitted. One (I) copy will be returned to Contractor. COLOR SCHEDULES A. The Architect will select colors and distribute the approved schedules to the Contractor. FINISH HARDWARE LIST A. Within thirty (30) working days after Award of Conti lct, the Contractor shall submit four (4) copies of the Finish Hardware List to the Construction Manager. One (I) copy will be returned to Contractor. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00330 - Submittals Page 12 of 12 02 3\2 SECTION 00340 QUALITY CONTROL 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 References 1.04 Contractor's Responsibility 1.05 Quality Control Plan Requirements 1.06 Submittal of the Contractor's Quality Control Plan 1.07 Approval of Independent Testing Laboratories 1.08 Owner's Quality Control 1.09 Protection During Quality Control Activities 1.10 Suspension of Payments 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00340 . Quality Control Page 1 of 5 1.03 REFERENCES A. The following editions of the California Building Standards, Title 24, in effect at the time of submittal for' plan review to the Building Department having jurisdiction shall be considered part of the Contract Documents as if repeated herein: I. Part 2, California State Building Code 2. Part 3, California State Electrical Code 3. Part 4, California State Mechanical Code 4. Part 5, California State Plumbing Code B. The most current editions of the American Society for Testing and Materials (ASTM) shall be considered part of the Contract Documents as if repeated herein: 1. ASTM E 329 - Practice for Use in the Evaluation of Inspection and Testing Agencies as Used in Construction. 2. ASTM E 543 - Practice for Determining the Qualification of Nondestructive Testing Agencies. 3. ASTM E 548 - Practice for Preparation of Criteria for Use in the Evaluation of Testing Laboratories and Inspection Bodies. 4. ASTM E 699 - Practice for Criteria for Evaluation of Agencies Involved in Testing, Quality Assurance, and Evaluating Building Components in Accordance with Test Methods Promulgated by ASTM Committee E6. 5. ASTM C 802 - Practice for Conducting and Interlaboratory Test Program to Determine the Precision of Test Methods for Construction. 6. ASTM C 1077 - Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation. 7. ASTM C 1093 - Practice for Accreditation of Testing Agencies for Unit Masonry . 8. ASTM D 3740 - Practice for Evaluation of Agencies Engaged in Testing and Inspection of Soil and Rock as Used in Engineering Design and Construction. 9. ASTM 4561 - Practice for Quality Control Systems for and Inspection and Testing Agency for Bituminous Paving Materials. 1.04 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall be responsible for providing Work of the minimum quality specified by the Contract Documents. Where the minimum quality level is not specified, the Contractor shall provide Work of the minimum quality customary to similar types of work. The Contractor shall contact the Construction Manager prior to proceeding with any Work where the Contractor is unclear about the required minimum level of quality. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00340 - Quality Control Page 2 of 5 02 3\2: B. The Contractor shall perform the Work by persons who are thoroughly qualified and trained in their respective trade to produce the workmanship of the minimum specified quality. C. Where Codes, Laws, or other regulations require work of higher quality or performance, the Contractor shall provide Work complying with those Codes, Laws, and regulations. D. The Contractor is solely responsible for developing, implementing, monitoring, and enforcing all provisions of its Quality Control Plan, and for insuring that the minimum Quality requirements of the Contract Documents are satisfied for all Work. E. Where two or more quality provisions of the Contract Documents conflict, the Contractor shall comply with the most stringent requirement. Where requirements are different, but apparently equal, and where it is uncertain which requirement is most stringent, the Contractor shall obtain clarification from the Construction Manager before proceeding. F. The Contractor is responsible for the overall quality of the Work performed by the Contractor, any of its subcontractors, or any of its suppliers. The quality of any part of the Work must not be less than that required by the Contract Documents. If the Owner, the Construction Manager, the Architect, the Building Department Inspector, or any other inspector from any agency having jurisdiction determine that the quality of the work does not conform to the Contract Documents, the current Building Code, or any other Code, Law or regulation, then the Construction Manager will notify the Contractor, in writing, noting the area(s) of non-conformance. The Contractor must correct the identified deficiencies and advise the Construction Manager of corrective action taken or to be taken within three (3) working days of date of notification. G. The Contractor's Quality Control Plan shall include procedures to monitor quality control over the Contractor's employees, its subcontractors, its suppliers, its manufacturers, all products, all services, the site conditions, and the workmanship. H. The Contractor shall comply fully with manufacturer's published instructions, including each step in the sequence of installation. I. If the manufacturer's published instructions conflict with the Contract Documents, the Contractor shall request clarification from the Construction Manager before proceeding with any related or associated work. 1.05 QUALITY CONTROL PLAN REQUIREMENTS A. The Contractor's Quality Control Plan shall identify the Contractor's Quality Control Representative, who shall have a minimum of five (5) years construction quality control or construction management experience on work similar to the Work of this Project. Documentation indicating the minimum qualifications of the Contractor's Representative shall be provided to the Construction Manager upon request. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00340 - Quality Control Page 3 of 5 B. The Contractor's Quality Control Plan shall indicate the following: I. In chart form, the plan shall indicate the Quality Control Organization showing the relationship of the Quality Control Organization to other elements of the Contractor's Organization. 2. The names and qualifications of personnel in the Quality Control Organization, including the Contractor's Quality Control Representative, all inspectors, any Independent Testing and Inspection Laboratories, and at least one independent HV AC Test and Balance Agency. 3. The Contractor's procedures for reviewing coordination drawings, shop drawings, and all other submittals. 4. The Contractor's Quality Control Plan shall include a proposed Testing And Inspection Schedule shall be keyed to the Construction Schedule. The Testing And Inspection Schedule shall indicate all tests and inspections to be performed and the names of all individuals responsible for inspection and testing for all phases of each segment of the Work. 5. Proposed forms to be used including the Contractor's Daily Report, the Contractor Test and Inspection Report, and the Contractor's Non-Compliance Check-Off List. 1.06 SUBMITTAL OF THE CONTRACTOR'S QUALITY CONTROL PLAN A. The Contractor shall submit two (2) copies of the Contractor's proposed Quality Control Plan to the Construction Manager within ten (10) working days after receipt of the Notice to Proceed. B. The Construction Manager shall review and accept or return with summary comments the Contractor's Quality Control Plan within ten (10) working days of receipt. The Contractor shall resubmit the Quality Control Plan with responses to the Construction Manager's summary comments within ten (10) working days of receipt. The review process shall be repeated within the specified time frames until the Contractor's Quality Control Plan is accepted by the Construction Manager. 1.07 APPROVAL OF INDEPENDENT TESTING LABORATORIES A. The Construction Manager shall approve all proposed independent testing and inspection laboratories proposed for use by the Contractor. B. The independent testing and inspection laboratory shall maintain, on staff, a full-time professional engineer registered in the State of California. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00340 . Quality Control.doc Page 4 of 5 02 3,2 C. For independent testing and inspection laboratories, the Contractor shall submit the following information for each proposed laboratory: 1. The name of the Independent Testing and Inspection Laboratory. 2. The address of the Independent Testing and Inspection Laboratory. 3. The Telephone number of the Independent Testing and Inspection Laboratory. 4. The Names of all California Registered engineer(s) employed in any capacity by the Independent Testing and Inspection Laboratory. 5. The responsible officer(s) of the Independent Testing and Inspection Laboratory. 6. One (I) copy of the Report of Laboratory Facilities Inspection made by the Materials Reference Laboratory of the National Bureau of Standards issued subsequent to the most recent inspection, with memorandum of remedies of any deficiencies reported by said inspection. 1.08 OWNER'S QUALITY CONTROL A. The Construction Manager or the Owner's designated Special Inspector(s) where required by the current Building Code or by the Contract Documents will inspect the quality of the Work being installed, review and verify the accuracy of the Work in accordance with the Contract Documents and all applicable Code, Laws, or other regulations, observe field quality control testing, and preside at progress and coordination meetings upon request of the Construction Manager. B. The Owner reserves the right to hire its own testing laboratory at the Owner's expense to perform additional testing. 1.09 PROTECTION DURING QUALITY CONTROL ACTIVITIES A. When work is uncovered during quality control activities, the Contractor shall provide protection from damage. B. The Contractor shall correct work damaged by any quality control activities. Where the repair is determined to be unacceptable by the Construction Manager, the Contractor shall replace the work. The Contractor shall be responsible for all costs associated with the protection, repair and/or replacement of any work affected by any quality control testing activity. 1.10 SUSPENSION OF PAYMENTS A. No progress payments shall be made by the Owner to the Contractor if the Contractor's Quality Control Plan has not been accepted by the Construction Manager. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00340 - Quality Control Page 5 of 5 02 3\~ SECTION 00350 INSPECTION, TESTING, AND SAMPLING 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Related Codes and Standards 1.04 General Inspection Requirements 1.05 Inspection Coordination and Scheduling 1.06 Testing 1.07 Test Standards 1.08 Sampling 1.09 Contractor's Test and Inspection Reports 1.10 List of Existing Non-Complying Work 1.11 Special Inspection and/or Testing 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 RELATED CODES AND STANDARDS A. The following editions of the California Building Standards, Title 24, in effect at the time of submittal for plan review to the Building Department having jurisdiction shall be considered part of the Contract Documents as if repeated herein: 1. Part 2, California State Building Code 2. Part 3, California State Electrical Code 3. Part 4, California State Mechanical Code 4. Part 5, California State Plumbing Code B. The most current editions of the American Society for Testing and Materials (ASTM) shall be considered part of the Contract Documents as ifrepeated herein: 1. ASTM E 329 - Practice for Use in the Evaluation of Inspection and Testing Agencies as Used in Construction. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00350 . Insepction and Testing Page 1 of 8 2. ASTM E 543 - Practice for Determining the Qualification of Nondestructive Testing Agencies. 3. ASTM E 548 - Practice for Preparation of Criteria for Use in the Evaluation of Testing Laboratories and Inspection Bodies. 4. ASTM E 699 - Practice for Criteria for Evaluation of Agencies Involved in Testing, Quality Assurance, and Evaluating Building Components in Accordance with Test Methods Promulgated by ASTM Committee E6. 5. ASTM C 802 - Practice for Conducting and Interlaboratory Test Program to Determine the Precision of Test Methods for Construction. 6. ASTM C 1077 - Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation. 7. ASTM C 1093 - Practice for Accreditation of Testing Agencies for Unit Masonry. 8. ASTM D 3740 - Practice for Evaluation of Agencies Engaged in Testing and Inspection of Soil and Rock as Used in Engineering Design and Construction. 9. ASTM 4561 - Practice for Quality Control Systems for and Inspection and Testing Agency for Bituminous Paving Materials. 1.04 GENERAL INSPECTION REQUIREMENTS A. It shall be the Contractor's responsibility to obtain inspections in a timely manner prior to proceeding with any work. The Contractor shall be solely responsible for any and all delays resulting from the failure of the Contractor to request an inspection from the Construction Manager, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction in accordance with the Contract Documents. B. In addition to inspection and acceptance by the Construction Manager, the Contractor shall not proceed with new Work until any and all required acceptance or approval has been obtained from the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other regulatory agencies having jurisdiction. It is the Contractor's sole responsibility to determine which other regulatory agencies have jurisdiction, and what steps are required to obtain the respective agency's approval or acceptance. C. All work performed in accordance with the Contract Documents shall be subject to inspection and acceptance in writing by the Construction Manager. All other inspections performed and approvals obtained by the Building D~partment having jurisdiction, the Public Works Department having jurisdiction, and any other regulatory agencies having jurisdiction shall be in addition to, and not in-lieu of, inspection and acceptance by the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00350 . Insepction and Testing Page 2 of 8 02 3,2 D. Work not inspected and accepted in writIng by the Construction Manager may be required to be removed and replaced under the proper inspection by the Construction Manager. The entire cost of removal and replacement, including the cost of all materials which may be furnished by the Owner and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. E. Work covered without written acceptance by the Construction Manager may be required to be uncovered to the extent required to allow acceptance by the Construction Manager, and then recovered. The entire cost of uncovering and recovering, including the cost of all materials which may be furnished by the Owner and used in the work thus uncovered, shall be borne by the Contractor, regardless of whether the work uncovered is found to be defective or not. F. Inspection and acceptance of the Work by the Owner, the Construction Manager, the Architect, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract Documents. G. Inspection and acceptance of the Work by the Owner, the Construction Manager, the Architect, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction, shall not relieve the Contractor of its obligation to fulfill all conditions of the Contract Documents. All Improper work will be subject to rejection. H. All necessary preparatory inspections shall be performed by the Contractor prior to beginning any work. Preparatory inspections shall include: 1. Review of all Contract Documents. 2. Review of all shop drawings and other submittal data after review and acceptance has been obtained by the Construction Manager or Architect. 3. Examination to assure that the materials and equipment conform to the Contract Documents. 4. Examination to assure that all required preliminary or preparatory work has been properly installed and is complete. I. Continuous Inspection shall be performed by the Contractor throughout the entire Project. Continuous Inspection by the Contractor shall include: I. Review of all Work for quality of workmanship. 2. Review of all Work for omissions or dimensional errors. 3. Examination of all installed products, connections and supports. 4. Contractor's approval or rejection of all Work. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00350 . Insepction and Testing Page 3 of 8 J. The Contractor shall perform daily follow-up inspections, and more frequently as necessary, to assure that all the Contractor rejected and Construction Manager rejected Work has been corrected, or is in the process of being corrected, to comply with the Contract Documents. K. The Owner, Construction Manager, and Architect shall be permitted access to all mills, plants, manufacturing sites, quarrying sites, shops, nurseries, etc. supplying any portion of the Work for review, inspection, testing, and acceptance purposes. L. At the option of the Construction Manager, the source of supply of materials for the Work shall be subject to review, inspection, testing, and acceptance before delivery is started and before such materials are incorporated into the Work. The Construction Manager shall be furnished with such materials, information and assistance by the Contractor, its subcontractors at any tier, and its suppliers as is necessary to make a complete and detailed inspection of said mill, plant, manufacturing site, quarrying site, shop, nursery, etc. No Work shall be performed until the mill, plant, manufacturing site, quarrying site, shop, nursery, etc. has been accepted in writing by the Construction Manager. 1.05 INSPECTION COORDINATION AND SCHEDULING A. The Contractor is solely responsible for maintaining a means of access to any area requiring inspection by the Owner, the Construction Manager, the Architect, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction, especially where the means of access includes, but is not limited to, temporary catwalks, ramps, scaffolding, lifts, cranes, etc. B. In addition to the inspection requirements in Part I - Administration and those required by other Codes, laws, ordinances, and regulations, additional inspections shall be performed in accordance with the requirements contained in the individual trade Sections of Part II - Technical Specifications. C. The Contractor shall notifY the Construction Manager before noon of the working day before any required inspection is requested to be performed, or before any testing required by the Contract Documents is to be performed. D. The Contractor is responsible for scheduling all inspections with the Building Department having jurisdiction, the Public Works Department having jurisdiction, and for scheduling inspections with any other regulatory agencies having jurisdiction in strict accordance with each Department or agency's requirements. E. The Contractor shall notify the Construction Manager before noon of the working day before any required Building Department inspection, Public Works Department inspection, or any inspection by any other regulatory agency is requested to be performed. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS. INC. 00350 - Insepction and Testing Page 4 of B 02 312 F. The Contractor shall request Special Inspectors which are required by the Building Code, the Contract Documents, or the Owner at least three (3) working days before any required inspection is requested to be performed. G. The Contractor shall be solely responsible for insuring that all work requIrIng inspection is in fact inspected by all required individuals. The presence of inspection individuals, especially the Construction Manager, on the job site shall not be construed by the Contractor as a basis for believing that an inspection has indeed taken place, and that work has been approved or accepted. Written approval or written acceptance shall be the only standard the Contractor shall use as a basis for proceeding with subsequent work. 1.06 TESTING A. It shall be the Contractor's responsibility to perform testing in a timely manner prior to proceeding with any work. B. The costs for all testing shall be entirely borne by the Contractor unless specifically noted otherwise in the Contract Documents. The Contractor shall provide all other necessary facilities for conducting the test, including, but not limited to, personnel, electrical and/or gas supply, water equipment, and chemicals. C. All work required to be tested by the Contract Documents shall be tested and accepted in writing by the Construction Manager. All other tests performed and approvals obtained by the Building Department having jurisdiction, the Public Works Department having jurisdiction, or any other regulatory agency shall be in addition to, and not in-lieu of, testing and acceptance by the Construction Manager. D. Work not tested and accepted in writing by the Construction Manager may be required to be removed and replaced by the Construction Manager. The entire cost of removal and replacement, including the cost of all materials which may be furnished by the Owner and used in the work thus removed, shall be borne by the Contractor, regardless of whether the work removed is found to be defective or not. E. Testing and acceptance of the Work by the Owner, the Construction Manager, the Architect, the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction shall not relieve the Contractor of its obligations to fully comply with the Contract Documents. F. All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents. G. In the event that testing reveals non-compliance with the requirements of the Contract Documents, the Contractor shall bear the entire cost of such corrective measures deemed necessary by the Construction Manager, including the costs of any and all subsequent retesting. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00350 - Insepction and Testing.doc Page 5 of 8 H. Certificates of compliance shall be provided by the Contractor as required in the Part II _ Technical Specifications. I. When required by the Contract Documents or the Construction Manager, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory. J. Unless otherwise provided, all initial testing for concrete and soils shall be at no expense to the Contractor and shall be performed in the Owner's laboratory or in a laboratory designated by the Owner. Any retesting required due to a failed test shall be at the Contractor's expense. 1.07 TEST STANDARDS A. All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations. B. The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable. 1.08 SAMPLING A. The Contractor shall furnish such samples of materials as are requested by the Construction Manager, without cost to the Owner. Representative preliminary samples of the character and quality prescribed by the Contract Documents shall be submitted to the Construction Manager by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination by the Owner or the Construction Manager. B. No material shall be used until the Construction Manager has accepted in writing such materials. C. Samples will be secured and tested whenever necessary to detcrmine the quality of the material. Samples and test specimens prepared at the jobsite such as concrete test cylinders, shall be taken or prepared by the Construction Manager or Testing Firm in the presence and with the assistance of the ContraL:tor. 1.09 CONTRACTOR'S TEST AND INSPECTION REPORTS A. The Contractor shall prepare and submit, to the Construction Manager, a written report or each Contractor performed test or inspection signed by the Contractor's representative performing the test or inspection within two (2) working days following the date the test or inspection was performed. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00350 - Insepction and Testing Page 6 of 8 02 3,2 B. The Contractor's Test or Inspection Report shall include the following information: 1. The date of the test or inspection. 2. A general description of the weather if the test or inspection was performed outdoors. 3. The date report was prepared. 4. A prominent declaration of the status of the test or inspection. The declaration must include the words "CONFORMS TO THE CONTRACT DOCUMENTS" or "DOES NOT CONFORM TO THE CONTRACT DOCUMENTS." 5. The name(s) and title(s) of the individual(s) making the test or inspection. 6. Description of the test or inspection required by the Contract Documents, the Construction Manager or the Owner. The required description must also reference the specific Specification Subsection or Plan sheet mandating that the test or inspection be performed. 7. A description of the test or inspection made, and the Contractor's interpretation of the test or inspection results. 8. Any other information the Contractor believes is pertinent to the results of the test. C. In the event of a test or inspection failure, the Contractor shall notify the Construction Manager of the steps to be taken by the Contractor to correct the failed Work, including a tentative date for retest or reinspection. D. The Construction Manager shall have the right to withhold processing of payment requests until all of the Contractor's Test and Inspection Reports have been received and accepted by the Construction Manager. 1.10 LIST OF EXISTING NON-COMPLYING WORK A. The Contractor shall maintain a list of all work that does not comply with the Contract Documents, stating specifically what is non-complying, the date the faulty work was originally discovered, and the date the work is tentatively expected to be completed. B. There is no requirement to report deficiencies that are corrected the same day as the deficiency was discovered. The Contractor shall submit a copy of the List of Existing Non-Complying Work to the Construction Manager on a weekly basis. C. The Construction Manager shall have the right to withhold processing of payment requests until the Contractor's List of Existing Non-complying Work has been received and accepted by the Construction Manager. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00350 . Insepction and Testing Page 7 of 8 1.11 SPECIAL INSPECTION AND/OR TESTING The Owner shall independently contract and pay for Code required Special Inspection and/or Testing. . END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00350 - Insepction and Testing Page 8 of 8 02 312 SECTION 00360 ACCEPTANCE OF MACHINERY AND EQUIPMENT 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL A. Prior to the delivery and installation of any item of machinery or equipment, the Contractor shall submit the Operation and Maintenance Manual to the Construction Manager for approval. B. The general content of the Operation and Maintenance Manual will be reviewed and accepted by the Construction Manager, or returned to the Contractor with summary comments within six (6) working days of receipt if the manual. The Contractor shall respond within six (6) working days to all comments by the Construction Manager. The review process shall be repeated within the specified time frames until the Operation and Maintenance Manual is accepted by the Construction Manager. C. No machinery or equipment shall be delivered or installed if the general content of the Operation and Maintenance Manual is found to be deficient by the Construction Manager. D. All Operation and Maintenance Manuals shall be bound and marked to indicate the specific equipment furnished for this project and shall include: 1. Start-up instructions. 2. Assembly and disassembly instructions. 3. Trouble shooting instructions. 4. Lubrication instructions. 5. Maintenance and reinstallation instructions. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00360 - Acceptance of Machinery and Equipment Page 1 of 2 6. Parts identification. 7. List of spare parts recommended to have on hand. 8. Operator safety. 9. Installation drawings. E. In addition, all Operation and Maintenance Manuals for electrical equipment shall include: Equipment ratings. 2. Calibration curves and rating tables if appropriate. F. Operation and Maintenance Manuals for complex equipment shall also include: I. Alternate specified operating modes. 2. Normal shutdown instructions. 3. Long term shutdown instructions. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSIDN OF. TRANSTECH ENGINEERS, INC. 00360 - Acceptance of Machinery and Equipment Page 2 of 2 02 3,2 SECTION 00370 TEMPORARY CONSTRUCTION FACILITIES AND CONSTRUCTION SITE REQUIREMENTS 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.04 Temporary Utilities 1.05 Temporary Construction Facilities 1.06 Temporary Protection, Enclosures, and Barricades 1.07 Protection and Restoration of Existing 1.08 Project Security, Fencing and Fire Prevention 1.09 Access Roads 1.10 Dust, Noise and Other Controls 1.11 Drainage Control 1.12 Construction Site Cleaning and Disposal of Materials 1.13 Parking and Storage Areas 1.14 Traffic and Pedestrian Travel Requirements 1.15 Haul Routes 1.16 Traffic Control 1.02 RELATED SECTIONS A. Section 00140 General Conditions B. Section 00150 Specific Conditions C. Section 00190 Contractor's Responsibilities and Role D. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT E. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL A. In addition to providing a Project Office and Legal Address in accordance with Subsection 1.03, Proiect Office and Legal Address of Section 00190. Contractor's Responsibilities and Role, the Contractor shall provide all temporary facilities and utilities required for prosecution of the Work, protection of employees and the public, protection of the Work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any Codes, Laws, ordinances, rules, or other regulations. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00370 - Temporary Construction Facilities Page 1 of 7 1.04 TEMPORARY UTILITIES A. The Contractor shall arrange, at its own cost, with the local utility purveyor to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable Codes and safety regulations. B. The Contractor shall provide, at its own cost, all electric power required for construction, testing general and security lighting, and all other purposes whether supplied through temporary or permanent facilities. C. The Contractor shall provide, at its own cost, temporary lighting in all work areas sufficient to maintain a lighting level during working hours that is not less than the lighting level required by California OSHA standards. As permanent lighting facilities are completed they may be used in lieu of temporary facilities, provided however, that bulbs, lamps, or tubes of such facilities used by the Contractor shall be replaced prior to final acceptance ofthe Work. D. The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall pay for all water used for the Contractor's operations prior to final acceptance. E. The Contractor shall provide, at its own cost, a means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to the combustion gases for at least two hours after the concrete has attained its initial set. F. The Contractor shall provide, at its own cost, suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations on the site. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, any temporary sanitary conveniences shall be removed. G. The Contractor shall provide, at its own cost, at least one telephone and at least one FAX machine at the site. 1.05 TEMPORARY CONSTRUCTION FACILITIES A. Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC 00370 - Temporary Construction Facilities Page 2 of 7 02 3~,2 B. Temporary supports shall be designed by a professional California registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the Construction Manager, the Contractor shall submit design calculations for staging and shoring prior to application of loads. 1.06 TEMPORARY PROTECTION, ENCLOSURES, AND BARRICADES A. Whenever sandblasting, spray painting, spraying insulation, or conducting other activities which are inconvenient or dangerous to property or to the hearth of individuals are in progress, the area of activity shall be enclosed as required to contain the inconvenience or hazard of the activity. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures at its cost. B. The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of California OSHA Standards. C. On multi-level structures the Contractor shall provide safety protection that, as a minimum, shall meet the requirements of Title 8, California Code of Regulations. D. All persons engaged in the activities ofreceiving, storing, using, handling or transporting any explosives must obtain a permit from the Fire Prevention Bureau. All work shall be governed by the California Health & Safety Code and the Articles of the National Board of Fire Underwriters Fire Prevention Code, including any amendments. E. The Contractor must notify the Construction Manager at least ten (10) working days prior to the use of explosives. 1.07 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A The Contractor shall be responsible for the protection of public and private property at, and adjacent to, the Work, and the Contractor shall exercise due caution to avoid damage to such property. B. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.), and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to the existing improvements and shall match the existing improvements in finish and dimension. C. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be re-seeded and covered with suitable mulch. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00370 - Temporary Construction Facilities Page 3 of 7 D. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements which are designated for removal or would be destroyed because of the Work. 1.08 PROJECT SECURITY, FENCING, AND FIRE PREVENTION A. The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury. B. Except as otherwise provided, the Contractor shall enclose the site of the Work with a chainlink fence adequate to protect the Work and temporary facilities against acts of theft, violence, or vandalism. All fencing shall be provided with a canvas, or similar, screen to obstruct the Project site from general public visibility. C. In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Project site, provided however, that any portions damaged or defaced shall be replaced at the Contractor's expense prior to final acceptance, and canvas, or similar, screening shall be installed as directed by the Construction Manager. D. Temporary openings in eXlstmg fences shall be protected to prevent intrusion by unauthorized persons. During night hours, weekends, holidays, and other times when no work is performed at the site, the Contractor shall provide temporary closures or guard service to protect such openings. Temporary openings shall be fenced when no longer necessary. E. Sufficient numbers of fire extinguishers of the type and capacity required by the local Fire Department to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations. 1.09 ACCESS ROADS A. Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00370 - Temporary Construction Facilities Page 4 of 7 o 2 '3~: '2 1.10 DUST, NOISE, AND OTHER CONTROLS A. The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control. B. The Contractor, at its expense, shall take whatever steps, procedures, or means as are necessary to prevent abnormal dust conditions being caused by its operations in connection with the prosecution of the Work, including work on or over any unpaved road which the Contractor or any of its subcontractors are using, during grading work, during demolition operations, or other similar activities. C. The Contractor shall provide dust control by sprinkling water, use of dust palliatives, modification of its operations, or any other means acceptable to the Construction Manager. All haul routes shall be kept visibly wet during excavation and hauling operations. D. Unless the construction dictates otherwise, and unless otherwise approved by the Construction Manager, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. E. Operations at the Project site shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local Ordinance. F. Internal combustion engines used on the Work site shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler. 1.11 DRAINAGE CONTROL A. In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations. B. Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00370 - Temporary Construction Facilities Page 5 of 7 1.12 CONSTRUCTION SITE CLEANING AND DISPOSAL OF MATERIALS A. The Contractor shall, at all times, keep the property on which the Work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. B. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. C. The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the Owner from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required Codes pertaining to grading, hauling, and filling of earth. 1.13 PARKING AND STORAGE AREAS A. All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Construction Manager. 1.14 TRAFFIC AND PEDESTRIAN TRAVEL REQUIREMENTS A. The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all Work under this Contract. No driveways or private roads shall be blocked without notifying the Construction Manager, and access must be restored by the Contractor during all non-working hours. Safe access must be maintained for pedestrian traffic throughout the work area at all times. B. The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and efficient passage for the traveling public adjacent to the work area, for the safety of personnel present in the work area, and to minimize inconvenience to adjacent properties. C. At least one lane of traffic in each direction must be kept open at all times unless prior written approval is obtained from the Construction Manager. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the Construction Manager. D. The Contractor shall not block or obstruct fire lanes at any time. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00370 - Temporary Construction Facilities Page 6 of 7 02 3\2. 1.15 HAUL ROUTES A. Prior to the start of Work, the Contractor shall submit for approval all proposed haul routes for all construction traffic on the Project. Upon approval by the Construction Manager, the Contractor shall strictly adhere to the approved routes, unless written permission is otherwise obtained from the Construction Manager. 1.16 TRAFFIC CONTROL A. All costs associated with traffic control shall be borne by the Contractor. B. Traffic control shall be in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H.) manual. The Contractor shall submit for approval, by the Construction Manager and any other applicable agency, its traffic control plans prior to work on public streets. C. In addition to Paragraph 1.16(B) above, all work and materials required to implement construction staging and traffic control shall comply with the latest edition of the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones. Signs, markings, striping, barricades, delineators and all materials shall conform to applicable Caltrans standards and specifications. D. Traffic control shall include signs, warning lights, reflectors, barriers, and other necessary safety devices and measures, including sufficient flaggers to direct vehicular traffic through the construction areas. E. No material or equipment shall be stored/parked where it will interfere with the free and safe passage of public traffic, and at the end of each days work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way. F. Should the Contractor appear to be negligent in furnishing warning and protective measures, as specified in this Subsection, the Construction Manager shall direct the Contractor's attention to the existence of such hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at its expense. Should the Contractor fail to satisfactorily correct any hazardous conditions, as determined by the Construction Manager, the Construction Manager shall have the right to correct the hazard with other forces and to deduct all cost for said correction from any monies owed or to be owed the Contractor. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00370 - Temporary Construction Facilities Page 7 of 7 02 312 SECTION 00380 MEASUREMENT OF QUANTITIES 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. Section 00330 Submittals C. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL A. The Contractor shall be responsible for all costs associated with determining and documenting all measurements of Work quantities. Full compensation for all expense involved in conforming to the requirements of this section for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefor. B. Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures, and the units of measurement for payment, and the limits thereof, shall be made as shown on the Contract Documents. C. Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon. D. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales, or when approved by the Construction Manager, on a completely automated weighing and recording system. The Contractor shall furnish the Construction Manager with duplicate licensed weighmaster's certificates showing the actual net weights. The Owner will accept the certificates as evidence of the weights delivered. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00380 - Measurement of Quantities Page 1 of 2 E. Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the Contract Documents. In determining quantifies, all measurements shall be made in a horizontal plane unless otherwise specified. F. Material not used from a transporting vehicle shall be documented by the Contractor, brought to the immediate attention of the Construction Manager, and deducted from the certified tag. G. When material is to be measured and paid for on a volume basis, and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Construction Manager in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Manager and shall be agreed to by the Contractor before such method of measurement will be adopted. H. Quantifies of material wasted or disposed of in a manner not called for in accordance with the Contract Documents shall not be paid for, and such quantities will be deducted from the final total quantities. I. Rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the requirements of the Contract Documents shall not be paid for, and such quantities will be deducted from the final total quantities. J. Material not unloaded from the transporting vehicle shall not be paid for, and such quantities will be deducted from the final total quantities. K. Material placed outside the lines indicated on the plans or not placed as directed by the Construction Manager shall not be paid for, and such quantities will be deducted from the final total quantities. L. Material remaining on hand after completion of the Work, will not be paid for, and such quantities will be deducted from the final total quantities. M. No compensation will be allowed for hauling rejected material. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00380 - Measurement of Quantities Page 2 of 2 02 3,2 SECTION 00390 PROJECT COMPLETION PROCEDURES 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Equipment Start-Up 1.04 Certification of Elevations and Improvements 1.05 Cleaning Prior to Final Inspection 1.06 Pest Extermination 1.07 Substantial Completion 1.08 Final Inspection and Payment 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00190 Contractor's Responsibilities and Role C. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT D. APPENDIX A - FEDERAL REQUIREMENTS 1.03 EQUIPMENT START-UP A. After all acceptance tests have been completed by the Contractor, and accepted by the Construction Manager, but prior to final acceptance, the Contractor shall recheck all equipment for proper alignment and adjustment, shall check all oil levels, shall relubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation. 1.04 CERTIFICA nON OF ELEVATIONS AND IMPROVEMENTS A. The Contractor shall submit a Certificate signed by a California Registered Land Surveyor certifying that the location and elevations of all installed improvements which are part of the Project complies with the Contract Documents. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00390 - Project Completion Procedures.doc Page 1 of 5 1.05 CLEANING PRIOR TO FINAL INSPECTION A. The Contractor shall perform a final cleaning prior to requesting an inspection from the Construction Manager for final inspection. All areas of work, both interior and exterior, shall be cleaned. The Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations. B. The Project site, and wherever else applicable, shall receive a general broom cleaning. In addition to broom cleaning, the following shall be specifically cleaned in the manner prescribed prior to requesting final inspection from the Construction Manager: 1. The Contractor shall remove all rubbish, excess materials, form lumber, etc. from the construction area, all material storage sites, adjacent property impacted by the Work, adjacent streets impacted by the Work, and any other areas occupied by the Contractor as part of the Work. All areas within the Limits of Work as defined in the Subsection 1.25. Limits of Work of Section 00150. Specific Conditions Section of these Specifications shall be left in a neat and presentable condition. 2. The Contractor shall remove putty stains and paint from all glass. All glass shall be washed and polished, inside and outside, and the Contractor shall exercise extra care not to scratch any glass. 3. The Contractor shall remove all marks, stains, fingerprints, and any other soil or dirt from painted, decorated, or stained work. 4. The Contractor shall clean and polish all waxed woodwork. 5. The Contractor shall clean and polish all hardware, and shall remove all stains, dust, dirt, paints, and blemishes. 6. The Contractor shall remove spots, soil, paint, plaster, and concrete from all tile work and shall wash all tile work afterwards. 7. The Contractor shall clean stains, paint, dirt, and dust from all fixtures and equipment. 8. The Contractor shall remove all temporary floor protection, and shall clean, shampoo, vacuum, wax and/or buff all floor surfaces. 9. The Contractor shall remove all dust, cobwebs, and traces of insects and dirt from all surfaces. 10. The Contractor shall completely remove all "construction graffiti" (spray paint or other marking for utilities, survey points and construction limits). C. The Contractor shall dispose of all debris in a lawful manner. The Contractor shall not dispose of volatile wastes in storm or sanitary drains. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC. 00390 - Project Completion Procedures.doc Page 2 of 5 02 3\2 1.06 PEST EXTERMINATION A. The Contractor shall engage a licensed exterminator to make a final inspection, and to rid the Project of rodents, insects, and other pests. The licensed exterminator shall provide a Certificate indicating what work was performed. 1.07 SUBSTANTIAL COMPLETION A. When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Manager in writing. Upon receipt of the notification, the Owner, Construction Manager and Architect shall inspect the existing Work to determine if the Work is sufficiently complete, in accordance with the Contract Documents, to allow the Owner to occupy or utilize the Work for its intended use. If work is found which prevents such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items. B. Upon the completion of such corrective work, the Contractor shall renotify the Construction Manager in writing. Upon receipt of the renotification, the inspection process described in Paragraph 1.07(A) above shall be repeated. C. In additions to the inspections performed by the Owner, the Construction Manager, and the Architect, the Contractor shall simultaneously request final inspection from the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction. D. With approval of the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction, and upon verification by the Owner, the Construction Manager and the Architect that the Project is substantially complete, the Construction Manager shall prepare a Certificate of Substantial Completion. E. The Certificate shall establish the date of Substantial Completion and the responsibilities of the Owner and Contractor for security, maintenance, utilities, damage to the Work, insurance, and commencement of warranties required by the Contract Documents. The Construction Manager shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the list of deficiencies accompanying the Certificate. When the preceding provisions have been approved by both the Owner and the Contractor, both the Owner and Contractor shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to each party by such Certificate. By such acknowledgment, the Contractor agrees to pay the Owner's actual costs including, but not limited to, charges for engineering, inspection, administration, and construction management incurred due to the failure of the Contractor to complete the corrective work identified in the list of deficiencies within the time period provided in the Certificate of Substantial Completion. F. If temporary locking systems exist which differ from permanent locking systems still pending installation, the Contractor shall change over to permanent locking systems prior to substantial completion. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00390 - Project Completion Procedures.doc Page 3 of 5 G. After the Owner has occupied the Project, the Contractor shall coordinate access to the site for the correction of defective or incomplete Work with the Owner, and shall take all steps necessary to minimize inconveniences to the Owner and to minimize disturbances to the Owner's activities. 1.08 FINAL INSPECTION AND PAYMENT A. When the Contractor considers that the Work is complete (including all items on the list of deficiencies accompanying the Certificate for Substantial Completion, and deficiencies discovered after Substantial Completion), the Contractor shall submit a Project Completion Certificate signed by the Contractor to the Construction Manager stating that all Work has been inspected and all Work, except as specifically noted, is complete and in compliance with the Contract Documents. B. Upon receipt of the Project Completion Certificate, the Owner, the Construction Manager, and the Architect shall inspect the existing Work to determine if the Work is complete and in accordance with the Contract Documents. If work is found which does not meet the terms of the Contract Documents, the Construction Manager shall notify the Contractor in writing of such items. C. Upon the completion of such corrective work, the Contractor shall renotify the Construction Manager in writing. Upon receipt of the renotification, the inspection process described in Paragraph 1.08(A) above shall be repeated. D. Following receipt of all required Submittals and Certifications, the Construction Manager's written statement that construction is complete, and the Construction Manager's recommendation that the Owner accept the project, the Owner shall take formal action to accept the Work. E. It shall be the Contractor's responsibility to obtain all approvals required by the Building Department having jurisdiction, the Public Works Department having jurisdiction, and any other agencies having jurisdiction. F. The Contractor shall comply with all requirements of Section 00270. Project Record Documents. G. Final determination of the acceptability of the Work shall be made by the Owner. After completion of the work, but prior to its acceptance by the Owner, the last partial payment may be made to the Contractor in accordance with the Section 00300. Compensation and Payment. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00390 . Project Completion Procedures.doc Page 4 of 5 02 ~ 1 2 ~ H. After receipt of the last partial payment, but prior to acceptance of the Work by the Owner, the Contractor shall send a letter to the Construction Manager. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as, and shall be, a release to the Owner, the Construction Manager, the Architect, and their duly authorized agents, from all claim of and/or liability. Disputed Contract claims in stated amounts previously filed in accordance with the Section 00220. Claims and Resolution of Claims may be specifically excluded from the operation of the release. The Owner shall have the right to approve the content of the Contractor' release letter. 1. Within thirty (30) working days of the acceptance by the Owner of the Work, the Owner will cause to be recorded in the Office of the County Registrar/Recorder a Notice of Completion. 1. Forty-five (45) working days after recording the Notice of Completion of the work involved in the Contract, the Owner will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under the Contract. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY. AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00390 - Project Completion Procedures.doc Page 5 of 5 02 "1 ~ " .J ' '- SECTION 00400 FIELD ENGINEERING 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 Datum 1.04 Lines and Grades 1.05 Construction Staking 1.06 Minimum Benchmark, Line, Level, and Lay-out Requirements 1.02 RELATED SECTIONS A. Section 00130 Sample Contract B. Section 00190 Contractor's Responsibilities and Role C. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCmTECT D. APPENDIX A - FEDERAL REQillREMENTS 1.03 DATUM A. Where applicable, elevation datum for this Project is based on the Project bench mark shown on the Plans. All connections shall be installed based on actual elevations of existing structures to which connections are made. 1.04 LINES AND GRADES A. The Contractor shall lay-out all work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Construction Manager's decision will be final. B. The Contractor shall verify all layout information shown on the plans, in relation to the property survey and existing benchmarks before proceeding with any layout of the work. The Contractor shall locate and protect all existing benchmarks and control points. C. During the construction, the Contractor shall preserve any previously established permanent reference points. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00400 - Field Engineering Page 1 of 3 D. As part of the Contract Sum for the Work, the Contractor shall provide and be responsible for the layout of all work within and beyond the construction limits of this Project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, ele\'ations, grades, and positions, as indicated in the Contract Documents, and as required for the proper operation and function. E. The Contractor shall stake the work limits. F. The Contractor's layout shall be based on existing structures, survey control points, and bench marks established on the Plans. G. The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Construction Manager in checking location and grades of the Work as set by the Contractor, if requested by the Construction Manager. This shall include moving materials and equipment located between monuments and the Work. H. The Contractor shall not change or relocate any benchmarks or control points without prior written approval from the Construction Manager. The Contractor shall promptly report lost or destroyed reference points to the Construction Manager. I. The Contractor shall notify the Construction Manager in writing prior to relocating any reference points as part of the Work. J. The Contractor shall promptly replace any lost or damaged Project control points. Replacement locations shall be based on the original survey control points. 1.05 CONSTRUCTION STAKING A. The Contractor shall be responsible for all construction staking. 1.06 MINIMUM BENCHMARK, LINE, LEVEL, AND LAY-OUT REQUIREMENTS A. The Contractor shall record the location of all bench marks with horizontal and vertical data on the Project Record Documents. B. The Contractor shall establish and maintain a minImum of two (2) permanent benchmarks on the site, referenced to data established by existing survey control points. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00400 . Field Engineering Page 2 of 3 02 312 C. The Contractor, working from lines and levels established by the property survey, shall establish benchmarks and markers to set lines and levels at each story of the Work, and elsewhere as needed to properly locate each element of the Work. I. The Contractor shall locate and lay-out batter boards for structures, building foundations, column grids and locations, services, and other equipment located in, or affected by the Work. 2. The Contractor shall advise the installers of the concrete foundations, masonry, structural steel, and steel metal decking, of marked lines and levels provided for the Contractors use. 3. As the Work proceeds, the Contractor shall check every major element for line, level, and plumb. C. The Contractor shall locate and lay-out site improvements, including pavements, stakes for grading, and fill placement, utility slopes and invert elevations by instrumentation and similar appropriate means. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00400 - Field Engineering Page 3 of 3 ()2 '1 ' " J it....- SECTION 00410 EXISTING UTILITIES 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.04 Notification and Utility Location Determination 1.05 Damage and Protection 1.06 Utility Relocation and Rearrangement 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICATIONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL A. Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center prior to start of any Work which could impact an existing utility installation. The Contractor shall utilize the services of "Underground Service Alert-Southern California" for utility locating in all public right-of-ways by calling 1-800-422-4133 at least 48 hours prior to any excavation. B. The Contractor shall verifY that the utility requirement characteristics of equipment are compatible with the building utilities. The Contractor shall coordinate the work of installing, connecting to, and placing in service, all Project equipment. C. The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning the Project Work, the Contractor shall investigate and verify the existence and location of all underground and other utilities and construction. D. Prior to construction, the Contractor shall verify the location and the invert elevation at the points of connection of the sanitary sewer, the storm sewer, and the water service plpmg. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00410. Existing Utilities Page 1 of 4 E. The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule. F. If in the course of construction the Contractor damages a sewer lateral or water lateral, it shall be responsible to completely expose said lateral from the main line to the point of connection at private property to verify integrity of all joints to the satisfaction of the Construction Manager. This shall not be considered Extra Work anu no extra costs shall be allowed therefore. 1.04 NOTIFICATION AND UTILITY LOCATION DETERMINATION A. At least two (2) working days before prosecuting any excavation work, the Contractor shall request the utility purveyors to mark or otherwise indicate the location of their servIce. B. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility purveyors, and which the Contractor believes may affect or be affected by the Contractors operations. C. Full compensation for all Utility coordination and construction work shall be considered as included in the Contract Sum. 1.05 DAMAGE AND PROTECTION A. The Contractor shall immediately notify the Construction Manager and utility owner of any damage to any utility. B. It is the intent of the Contract Documents for the Contractor to ascertain the location of all utilities on-site before commencing any grading or demolition Work. The Contractor is to indicate utility locations on the Plans as required for Project Record Documents in Section 00270, Proiect Record Documents, and take full responsibility for repair, relocation or replacement of any utility damaged by the Contractor's work. C. The party responsible for the cost of repairing and/or relocating damaged utilities shall be as follows: Description 1. Utility mains delineated incorrectly on the Owner's plans Responsible Party Owner the Utility Purveyor or SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC 00410 - Existing Utilities Page 2 of 4 02 ') . ..., .). 2. Information provided incorrectly by the utility Utility Purveyor purveyor 5. Utility mains not shown on the Owner's plan Utility mains incorrectly marked in the field by the utility purveyor Utility mains correctly marked and/or delineated on the Owner's plans Utility Purveyor 3. 4. Utility Purveyor Contractor 1.06 UTILITY RELOCATION AND REARRANGEMENT A. The right is reserved by the Owner and each utility purveyor, or their authorized agents, to enter upon the Project site for the purpose of making such changes as are necessary for the rearrangement of their facilities, or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work, and shall conduct its operations in such a m2nner as to avoid any unnecessary delay or hindrance to the work being performed by such forces, and shall allow the respective utilities time to relocate their facility. B. The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Contract Documents or as field located by the utility purveyor. The Contractor shall coordinate with the owner of each utility facility for the rearrangement of said facility. C. In the event that underground utilities are found that are not shown in the Contract Documents, or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: 1. Notify the Construction Manager of the existence of said facilities within one (1) working day. 2. Take steps to ascertain the exact location of all underground facilities prior to doing additional work that could damage such facilities. D. Requests for extensions of time arising out of utility rearrangement delays shall be determined by the Construction Manager. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay is caused by the failure of the Owner or a utility purveyor to provide for the removal or relocation of facilities for which they are the responsible party. E. Where it is determined by the Construction Manager that the rearrangement of an underground main, the existence of which is not shown on the Contract Documents, is essential in order to accommodate the Work, the Construction Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with Section 00210, Changes to the Contract. F. When the Contract Documents indicate that a utility is to be relocated, altered, or constructed by others, the Owner will conduct all negotiations with the utility purveyor, and the work will be done at no cost to the Contractor. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00410 - Existing Utilities Page 3 of 4 G. The Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility, and it shall make arrangements and bear all costs. H. The Contractor shall coordinate and serve as the point of contact for all entities involved in utility installation. The Contractor shall verify and locate existing utility service points, and coordinate utility purveyor layouts to ensure maximum compatibility with the Project and each other. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF. TRANSTECH ENGINEERS, INC 00410 - Existing Utilities Page 4 of 4 o 2 3 1, ?_ SECTION 00420 SEISMIC DESIGN AND ANCHORAGE OF EQUIPMENT 'AND OTHER APPLICABLE FACILITIES 1.01 SECTION INCLUDES A. 1.02 Related Sections 1.03 General 1.02 RELATED SECTIONS A. Section 00190 Contractor's Responsibilities and Role B. PART II TECHNICAL SPECIFICA nONS PREPARED BY PROJECT ARCHITECT C. APPENDIX A - FEDERAL REQUIREMENTS 1.03 GENERAL A. All pieces of electrical, mechanical, and instrumentation equipment and applicable facilities which are separately mounted or anchored shall be so designed and installed as to be in conformance to all requirements of the current edition of the Building Code as adopted by the City, both for vertical and lateral loading. B. The anchorage requirements of this Section applies, but is not limited to, such items as light fixtures, electrical and instrumentation panels, tanks, pumps, piping, pipe supports and hangers, generators, motors, fans, ventilating ducts and equipment and other similar equipment or facilities. C. The applicable seismic zone for this project shall be as defined by the Building Department having jurisdiction. All Project equipment or facilities shall be designed and anchored to resist seismic forces appropriate for this seismic zone. D. Anchorage or restraints shall be so designed as to resist the Code required forces acting in any direction. The design of the entire anchoring system, and the furnishing of any part of the anchoring system which must be integral with the equipment or facilities, shall be the responsibility of the manufacturer or supplier. The Contractor, working closely with the manufacturer or supplier, shall be responsible for furnishing or installing any anchors or restraints which are independent of the equipment or facilities. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00420 - Seismic Design and Anchorage of Equip Page 1 of 2 E. Shop drawings for seismic anchorages shall be submitted as required by these Specifications for Submittals (See Section 00330, Submittals), and shall be submitted for review and approval by the Building Department having jurisdiction when required by the Construction Manager. The Contractor shall be responsible for all costs and time requirements associated with the review and approval of the shop drawings for seismic anchorage. F. Shop drawing submittals shall include calculations, details, and other amplifying data demonstrating conformance to the seismic requirements of this Section. Such calculations shall be prepared and signed by a California registered professional engineer. G. Calculations shall also be submitted on all equipment or facilities so indicated in the Part II - Technical Specifications. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS. INC. 00420 - Seismic Design and Anchorage of Equip Page 2 of 2 o 2 :) 1, L SECTION 00430 STORM WATER POLLUTION PREVENTION PLAN 1.01 SECTION INCLUDES 1.02 Related Sections 1.03 Water Pollution Control 1.02 RELATED SECTIONS A. All Sections of Part I - Administration B. PART II - TECHNICAL SPECIFICATIONS PREPARED BY THE PROJECT ARCHITECT 1.03 WATER POLLUTION CONTROL The Contractor shall adhere strictly to Sections 7-8 and 7-10 of the Standard Specifications for Public Works Construction through the entire project. The Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to be prepared to provide hay bales or similar devices to prevent erosion from being washed into the storm drain system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et a!., does not contaminate areas subject to run-off. The Contractor and its Surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction on off-site or on-site improvements shall adhere to NPDES (National Pollution Discharge Elimination System) Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. The following are the areas to be addressed: 1. Handle, store and dispose of materials properly. 2. Avoiding excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans. 6. Check and repair leaking equipment away from construction site. SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00430 - Storm Water Pollution Prevention Plan Page 1 of 2 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins whenever working in their vicinity. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete or equipment onto a street 11. Catch drips from paver with drip pans or absorbent material. 12. Clean up all spills using dry methods. 13. Sweep all gutters at the end of each working day. Gutters shall be kept clean after leaving construction site. 14. Call 911 in case of a hazardous spill. 15. Keep a running log of all activities III connection with the Storm Water Pollution Prevention Plan (SWPPP) 16. Name a person, on site, responsible for complying with SWPPP. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00430 - Storm Water Pollution Prevention Plan.doc Page 2 of 2 ()2 312 SECTION 00440 SOLID WASTE MANAGEMENT AND RECYCLING PLAN 1.01 SECTION INCLUDES 1.02 Related Sections 1.03 Solid Waste Management And Recycling Plan 1.02 RELATED SECTIONS A. All Sections of Part I - Administration B. PART II - TECHNICAL SPECIFICATIONS PREPARED BY THE PROJECT ARCHITECT 1.03 SOLID WASTE MANAGEMENT AND RECYCLING PLAN The Contractor shall submit a Solid Waste Management and Recycling Plan to the Construction Manager for review and approval prior to issuance of a demolition permit and/or grading permit for the project. Said plan shall indicate that the permittee/contractor shall provide documentation such as receipts from landfills, salvage and recycling facilities upon completion of the demolition/construction. Said plan shall identify: A. Types of materials for recycling, reuse or sorting B. Estimated quantities C. Separation requirements D. On site storage E. Transportation methods F. Destinations G. Plan manager (contractor's representative) Prior to issuance of a demolition and/or grading permit, the permittee/contractor shall contact the California Integrated Waste Management Board (recycling hotline 800-553-2962) to obtain an approved recycler (processor and/or receiver) for demolition and construction waste. At the minimum the contractor shall recycle each of the following demolition and construction waste materials: Asphalt paving: 75% SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC, 00440 - Solid Waste Management and Recycling.doc Page 1 of 2 Concrete and concrete masonry units: 75% Non-lead based painted wood wastes (dimensional lumber and broken crates and pallets): 50% ' Metals: 60% Toilets: 75% Appliances: 75% Copper cable/wire: 50% Transformers and ballasts: 100% Fluorescent lamps: 100% Glass: 50% Unpainted gypsum board: 50% A minimum of50% of the total weight of the waste (demolition and construction wastes) shall be diverted from landfill. END OF SECTION SAN BERNARDINO SANTA FE DEPOT HISTORIC REHABILITATION CITY OF SAN BERNARDINO PREPARED BY, AND USED WITH THE PERMISSION OF, TRANSTECH ENGINEERS, INC. 00440 - Solid Waste Management and Recycling.doc Page 2 of 2 ()2 3\2- APPENDIX A FEDERAL REQUIREMENTS CITY'S DBE PROGRAM ,. 02 3\2 FEDERAL REQUIREMENTS 02 3,2 FEDERAL REQUIREMENTS GENERAL The bidder's attention is directed to the provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In addition to the subcontractors required to be listed, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Bid Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid Proposal. Signing the Bid Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.c. S S 3801 ~ ~. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.P.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FT A assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate, (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FT A under the authority of 49 U.S.c. S 5307, the Government reserves the right to impose the penalties of 18 U.S.c. S 1001 and 49 U.S.C. S PAGE 1 5307(n)(l) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contrartor agrees to include the "bove two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. ACCESS TO RECORDS The following access to records requirements apply to this Contract: (1) Where the Purchaser is not a State but a local government and is the FT A Recipient or a sub grantee of the FTA Recipient in accordance with 49 C. F. R. l8.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FT A Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where the Purchaser is a State and is the FT A Recipient or a subgrantee of the FT A Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a) I, which is receiving federal financial assistance through the programs described at 49 U.S.c. 5307, 5309 or 5311. By definition, a major capital project excludes contracts ofless than the simplified acquisition threshold currently set at $100,000. (3) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FT A Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. (4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (6) ':'he Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FT A Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related there~o. Reference 49 CFR l8.39(i)(ll). FEDERAL CHANGES Contractor shall at all times comply with all applicable FT A regulations, policies, procedures and directives, PAGE 2 02 3\2 including without limitation those listed directly or by reference in the Agreement (Form FT A MA (8) dated October, 2001) between Purchaser and FTA , as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CIVIL RIGHTS (I) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. S 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. S 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. S 12132, and Federal transit law at 49 U.S.C. S 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FT A may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.c. S 2000e, and Federal transit laws at 49 U.S.C. S 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et ~ ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. S 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. S S 623 and Federal transit law at 49 U.S.c. S 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. S 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FT A may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DAVIS BACON ACT (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage PAGE 3 determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 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 paragraph (l)(iv) of this section; also, regular contributions made or costs incurred fo more than a weekly period (but not. less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. Thp wage determination and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(l)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. PAGE 4 ()2 3,2 (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the D\lvis-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 obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The Owner shall upon its own action or upon written request of an authorized representative 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 federally-assisted contract subject to Davis-Bacon prevailing 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 apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Owner may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing PAGE 5 Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductionf made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that th.. wages of any laborer or mechanic il).clude the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Owner for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required und, r paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the PAGE 6 02 312 predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until m acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and joumeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 PAGE 7 CFR 5.5(a)(I) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarm.ent - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination 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 rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts I, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall 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 clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) 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 Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.l2(a)(I). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Govemment contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.l2(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (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 he or she is employed on such work to work in excess of forty 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 forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, 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 forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee or recipient) shall upon its own action or upon written request of an authorized representative 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 contractor, or any other federally-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 satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this PAGE 8 02 3~2 section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b )(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions 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 anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Section 107 (OSHA): Contract Work Hours and Safety Standards Act - (i) The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii)Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with the conditions described in these specifications. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. PAGE 9 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which an' contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservatio. Act. RECYCLED PRODUCTS The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 V.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247 FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded frolY' tier to tier until received by the City. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1. A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or 3. A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. BUY AMERICA REQUIREMENTS The contractor agrees to comply with 49 U.S.c. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in Federally funded projects are produ..:ed in the United States, unless a waiver has been granted by the Funding Agency(s), or the product is subject to a general waiver listed in 49 CFR 661. 7. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 104l(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all PAGE 10 02 312 manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating..galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be conflidered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the above exceptions. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work. CARGO PREFERENCE REQUIREMENTS The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date ofleading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English fqr each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material. or commodities by ocean vessel. FL Y AMERICA REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. CLEAN WATER REQUIREMENTS The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. SS 1251 ~ ~ . The Contr,rtor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to Federal Funding Agency the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in PAGE 11 whole or in part with Federal assistance CLEAN AIR REQUIREMENTS The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. SS 7401 et ~ . The Contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in tum, report each violation as required to assure notification to Federal Funding Agency the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Owner in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first-tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" Form CEM-2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be fumished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Owner showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies, which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms as approved. The Contractor shall also obtain and submit documentation to the Owner showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on "Monthly DBE Trucking Verification" Form CEM-2404(F). PAGE 12 02 312 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor s~all notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status Change" Form CEM-2403(F) indicating the DBEs' existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to use other forces or sources of materials may be requested for the following reasons: A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the genera] terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. SUBCONTRACTING Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov / dir/Labor _law /D LS E/Debar .html. Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts". This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in PAGE 13 termination of the contract. DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS ALSO SEE CITY OF SAN BERNARDINO DBE PROGRAM AT THE END OF APPENDIX A A. This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." B. DBE information shall be submitted with the bid. C. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City. D. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: I. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto. 2. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company. 3. A DBE Bidder, not bidding as a joint venture with a non-DBE, will be required to document one or a combination of the following: a. The Bidder will meet the goal by performing work with its own forces. b. The Bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. c. The Bidder, prior to bidding, made adequate good faith efforts to meet the goal. 4. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; 5. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; 6. DBE's must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBE's are certified. Listings of certified DBE's are available from the following sources: a. The Department's DBE Directory, which is published quarterly. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; b. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227 -8937 and obtaining a user identification and password; c. The Department's web site at http://www.dot.ca.gov/hq/bep/index.htm. 7. Credit for materials or supplies purchased from DBE's will be as follows: a. rf the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE PAGE 14 '0 2 3 1 2 manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. b. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regu,lar dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. c. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. 8. Credit for DBE trucking companies will be as follows: a. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; b. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; c. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; d. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; e. The DBE may also lease trucks from a non-DBE firm, including an owner- operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit f[lf the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; f. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. g. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBE's. PAGE 15 E. The City of San Bernardino has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 13 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors anI' subcontractors to assist in obtaining DBE participation on federally funded construction project~ Bidders and po~ential subcontractors should check the Caltrans website at htto://www.dot.ca.l!:ov/hq/beo to verify the current availability of this service. F. The required DBE information shall be submitted on the "Local Agency Bidder _ DBE Information" form included in the Section 00110, Bid Proposal. G. It is the Bidder's responsibility to make enough work available to DBE's and to select those portions of the work or material needs consistent with the available DBE's to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the Bidder made adequate good faith efforts to do so. H. The Bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the Bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. I. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met. J. The Bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing witb its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. K. The information necessary to establish the Bidder's adequate good faith efforts to meet the DBE goal should include: 1. The names and dates of each publication in which a request for DBE participation for this project was placed by the Bidder. 2. The names and dates of written notices sent to certified DBE's soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBE's were interested. 3. The items of work which the Bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the Bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the Bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. 4. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the Bidder's choice. 5. Efforts made to assist interested DBE's in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work, which was provided, to DBE's. 6. Efforts made to assist interested DBE's in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. 7. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. 8. Any additional data to support a demonstration of good faith efforts. L. The award of the contract, if awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or PAGE 16 02 3'2 has demonstrated, to the satisfaction of the City/County, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City/County, adequate good faith efforts to do so is a condition for being eiigible for award of contract. L PAGE 17 SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.~ The work herein proposed will be financed in whole or in part with Federal funds, and, therefore all of the statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work, The "Required Contract Provisions, Federal-Aid Construction Contracts, "Fonn FHW A 1273, are included in this Section 14, Whenever in said required contract provisions references are made to "SHA contracting officer", "SHA resident engineer", or "authorized representative of the SHA", such references shall be construed to mean "Construction Manager". PERFORMANCE OF PREVIOUS CONTRACT,-In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.-The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects, Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, finn, association, or corporation to whom such contract is to be awarded, certifying that such person, finn, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid, A fonn to make the non-collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as pennitted by 28, USC, Sec, 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING.-Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code ar~ incorporated in part or in its entirety within other sections of these special provisions, Schedule B-Infonnation for Detennining Joint Venture Eli- gibility (This fonn need not be filled in if all joint venture finns are minority owned,) I. Name of joint venture 2, Address of joint venture 3, Phone number of joint venture 4. Identify the finns, which comprise the joint venture, (The MBE partner must complete Schedule A.) a, Describe the role of the MBE finn in the joint venture, b. Describe very briefly the experience and business qualifications of each non-MBE joint venturer: 5, Nature of the joint venture's business 6, Provide a copy of the joint venture agreement. 7, What is the claimed percentage ofMBE ownership? 8, Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.), FR-l Revised 3~95 08-07-95 a. Profit and loss sharing. b. Capital contributions, including equipment. c. Other applicable ownership interests, 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: I, Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 4, Purchasing of major items or supplies c. Supervision of field operations Note.-If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefore and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements," Revised 3.95 08-07-95 FR-2 02 3Vl. Name of Firm Name of Firm Signature Signature Name Name Title Title Date Date Date State of County of On this _ day of appeared (Name) , 19 _, before me to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed, Notary Public Commission expires [Seal] Date State of County of On this _ day of , 19 ~, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] \' ';1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) I. II. III. IV, V. VI. VII. VIII, IX, X. Page General "",..""""................................................""... 3 Nondiscrimination ",.....,..,.................."..."..,........,.... 3 Nonsegregated Facilities ......,..,...........,..................... 5 Payment of Predetermined Minimum Wage ............. 6 Statements and Payrolls ............................................ 8 Record of Materials, Supplies, and Labor ................. 9 Subletting or Assigning the Contract ........,..,.........,.. 9 Safety: Accident Prevention ........................,.........,.. 10 False Statements Concerning Highway Project.......... 10 Implementation of Clean Air Act and Federal Water Pollution Control Act .............................................,.., 10 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ..................... 11 Certification Regarding Use of Contract Funds for Lobbying ................",........,.......,.......",..............,...... 12 XI. XII. A TT ACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL I. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the wntract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case, The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3, A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs I and 2a through 2g, 5, Disputes arising out of the labor standards proviSIOns of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U,S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7, Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their reI' "sentatives, 6, Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b, employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of$IO,OOO or more.) I. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35 29 CFR 1630, and 41 CFR 60) and orders of the Secretary 0 Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U,S.c. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S,c. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of hislher activities under the con- tract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed. and that employees are treated during employment, without regard to their race, religion, sex, color. national origin, age or disability, Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad- vertising; layoff or termination; rates of payor other forms of compensation: and selection for training, including apprentice- ship, preapprenticeship, and/or on-the-job training. " 2, E ':0 Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively FR-3 Form 1273 - Revised 3-95 08-07.95 administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3, Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a, Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees, d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees, e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived, a, The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration, b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions, (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended,) c. The contractor will encourage his present employees to FoIT'1 1273 - Revised 3-95 08-07-95 02 ~1? refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b, The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons, Upon corhpletion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a, The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b, Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e" apprenticeship, and on-the-job training programs for the ge- ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision, c. The contractor will advise employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion, FR-4 7, Unions: If the contractor relies in whole or in part upon unions as a source of employees, the cont~actor will use hislher best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a, The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability, c, The contractor is to obtain infonnation as to the referral practices and policies of the labor union except that to the extent such infonnation is within the exclusive possession of the labor union and such labor union refuses to furnish such infornmtion to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such infonnation. d, In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth' in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collectIve bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a, The contractor shall notify all potential subcontractors and suppliers of hislher EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 26, shall have equal opportunity to compete for and perfonn subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction finns from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations, 9, Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEl, requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHW A, a, The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions. when applicable, to increase employment op- portunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b, The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This infonnation is to be reported on Fonn FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and repor training data, HI NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$IO,OOO or more,) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal- aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the finn does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the finn does not penn it its employees to perfonn their services at any location, under its control, where segregated facilities are maintained. The finn agrees that a breach of this certification is a violation of the EEO provisions of this contract. The finn further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the tenn "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, rest urants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g, disabled parking). FR-S Form] 273 - Revised 3.95 08-07.95 c. The contractor agrees that it has obtained .or will .obtain identical certificatian from propased subcantractars .or material suppliers priar ta award .of subcantracts or cansummation .of material supply agreements .of $10,000 .or mare and that it will retain such certificatians in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable ta all Federal-aid canstruction cantracts exceeding $2,000 and ta all r~lated subcantracts, except far projects lacated on raadways classIfied as local raads .or rural minor collectars which are exempt.) , I. General: , a. All mechanics and labarers emplayed .or warking upan the sIte of the wark will be paid uncanditionally and not less often than .once a week and withaut subsequent deduction .or rebate on any accaunt [except such payroll deductians as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labar under the Capeland Act (40 U.S.c. 276c) the full amaunts .of wages and bana fide fringe benefits (.or cash equivalents thereaf) due at tIme .of payment. The payment shall be camputed at wage rates nat less than thase cantained in the wage determinatian of the Secretary .of Labor (hereinafter "the wage determinatian") which is attached hereta and made a part hereaf, regardless .of any contractual relatIOnshIp whIch may be alleged to exist between the cantractar .or its subcantractars and such labarers and mechanics. The wage determinatian (including any additional classifications and wage rates canformed under paragraph 2 .of this Sectian IV and the DOL paster (WH-1321) .or Form FHWA-1495) shall be pasted at all times by the cantractor and its subcantractars at the site .of the wark in a prominent and accessible place where it can be easily seen by the warkers, For the purpase .of this Sectian, cantributions made .or costs reasanably anticipated far bona fide fringe benefits under Section l(b)(2) .of the Davis-Bacan Act (40 U,S.c. 276a) an behalf .of labarers .or mechanics are considered wages paid ta such labarers .or mechanics, subject ta the provisions of Section IV, paragraph 3b: hereof. Also, far the purpase .of this Section, regular cantnbutlOns made or casts incurred far mare than a weekly periad (but nat less .often than quarterly) under plans, funds, .or programs, which caver the particular weekly period, are deemed to be canstructively made or incurred during such weekly pen ad, Such labarers and mechanics shall be paid the ap,propriate wage rate and fringe benefits an the wage deter- mmatIon for the claSSification of work actually performed, Without regard ta skill, except as provided in paragraphs 4 and 5 of this Section IV, b. Labarers .or mechanics perfarming wark in more than one classificatian may be campensated at the rate specified for each classificatian for the time actually worked therein, provided, that the employer's payroll recards accurately set farth the time spent in each classificatian in which wark is performed, c. All rulings and interpretations .of the Davis-Bacon Act and related acts cantained in 29 CFR I, 3, and 5 are herein incorporated by reference in this contract. Form 1273 - Revised 3-95 08-07.95 02 312 2. Classification: r a, The SHA contracting .officer shall require that any class of labarers .or mechanics emplayed under the cantract, which is nat hsted in the wage determination, shall be classified in conformance with the wage determinatian. b. The cantracting .officer shall apprave an additional classificatian, wage rate and fringe benefits .only when the fallawing criteria have been met: (I) the wark ta be perf armed by the additional classifi- catian requested is nat perf armed by a classification in the wage determinatian; (2) the additianal classificatian is utilized in the area by the canstruction industry; (3) the proposed wage rate, including any bana fide fringe benefits, bears a reasanable relatianship ta the wage rates cantained in the wage determinatian; and (4) with respect ta helpers, when such a classificatian prevails in the area in which the wark is perfarmed. c. If the cantractar o~ subcantractars, as apprapriate, the l~borers and mechamcs (If knawn) ta be emplayed in the addi- tIOnal claSSificatIOn .or theIr reIJresentatives, and the cantracting .officer agree an the classIficatIOn and wage rate (including the amaunt designated far fringe benefits where appropriate), a repart .of the actIantaken shall be sent by the cantracting .officer ta the DOL, Admmlstratar .of the Wage and Haur Division Emplayment Standards Administratian, Washingtan, D.C: 20210, The Wage and Haur Administratar, .or an autharized representative, will, approve, ~adify, or disapprove every add~tlOnal claSSificatIOn actIOn wlthm 30 days of receipt and sa adVise the, c,ontractmg .officer o~ will natify the contracting officer wlthm the 30-day penod that additional time is necessary . d. In the event the contract.or .or subc.ontractors, as appro- pnate, the labarers .or me~hamcs ta be empl.oyed in the addi- tIonal claSSificatIOn .or their representatives, and the contracting .officer do n.ot agree an the propased classificati.on and wage rate (mcludmg the amount designated far fringe benefits, where appropnate), the cantractmg officer shall refer the questians, mcludmg the views .of all interested parties and the recommendation .of the cantracting .officer, t.o the Wage and Hour Admlmstratar far determinatian. Said Administrator or an autharized representative, will issue a determination within 30 days .of receipt and so advise the contracting .officer or will notify the cantracting officer within the 30-day period that additional time is necessary e, The wage rate (including fringe benefits where appropriate) determmed pursuant ta paragraph 2c .or 2d of this Sectian IV shall be paid to all workers perfarming work in the additional claSSificatIOn from the first day on which wark is performed in the classification, 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of labarers or mechanics includes a fringe benefit which is not expressed as an haurly rate, the cantractar or subcantractars, as appropriate, shall either pay the benefit FR-6 as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equiv~lent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable 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 obligations under the plan or program. 4. Apprentices and Trainees (Programs oftbe U.S. DOL) and Helpers: a, Apprentices: (I) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in hislher first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice, (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman-Ievel hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination, Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification, If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b, Trainees: (I) Except as provided in 29 CFR 5,16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed, In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for hislher level of progress, expressed as a percentage of the journeyman-leve' hourly rate specified in the applicable wage determination, Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mentIOn fnnge benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination, which provides for less than full fringe benefits for apprenllces, In which case such trainees shall re- ceive the same fringe benefits as apprentices, (4) In the event the Employment and Training Adminis- trallon Withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to utilize traInees at less than the applicable predetermined rate for the work performed until an acceptable program is approved, c. Helpers: Helpers will be permitted to work on a project if the helper classlficallon IS speCified and defined on the applicable wage determInation or IS approved pursuant to the conformance procedure set forth in Section IV,2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed, FR-7 Fonn 1273 - Revised 3-95 08-07-95 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program, 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer. mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek, 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Form 1273 - Revised 3-95 08-07-95 02 3\~ 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-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 satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the I date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work, b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section I (b )(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph I. Whenever the Secretary of Labor, pursuant to Sec- tion IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs, FR-8 c. Each contractor and subcontractor shall furnish, each week in which any contract work is perf?rmed, to the. SHA resident engineer a payroll of wages paid ea~h of Its employees (including apprentices, trainees, and helpers, descrIbed In Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll perIod). The payroll submitted shall set out a7curately and completely all of the information reqUIred to be maIntaIned under paragraph 2b of this Section V. This information may be submitted In any form desired. Optional Form WH-347 is available for thIS purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U,S. Government Printing Office, Washington, D.C, 20402, , The prime contractor is responsible for the submiSSIOn of copies of payrolls by all subcontractors, d, Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or hislher agent who pays or supervises the payment of the persons employed under the contract and shall certifY the following: (I) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and truinee) employed on the contract dUrIng the payroll period has been Jlaid the full weekly wages earned, without rebate, either dIrectly or Indirectly: a!1d that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and frInge benefits or casheqUlvalent for the classification of worked performed, as speCified m the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfY the requirement for submission of the ':Statement of Compliance" required by paragraph 2d of this Section V, f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.c. 1001 and 31 u.s,c. 231. g, The contractor or subcontractor shall make the records re- quired under paragraph 2b ofthls SectIon V available for mspec- tion, copying, or transcrIptIOn by authOrIzed representatives of the SHA the FHW A, or the DOL, and shall permit such represent~tives to interview employees durin~ working hours on the job. If the contractor or subcontractor fails to submit the re- quired records or to make them available, the SHA, the FHW A, ::Ie DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be nec- essary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5,12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provide solely for the in~tallation of protective devices at railroad grade crossmgs, those whIch are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a, Become familiar with the list of specific materials and supplies contained in Form FHW A-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and i!1corporated in the work: and also of the quantities of those speCIfic materIals and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47, c, Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHW A-4 7 together With the data required in paragraph I b relative to materIals and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2, At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted, VII. SUBLETTING OR ASSIGNING THE CONTRACT I. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the cOlHract) of the total original contract price, excludmg any speCialty Items deSignated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computmg the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contract<?r and equipment owned or rented by the prIme contractor, With or without operators, Such term does not mclude employees or equipment of a subcontractor, assignee, or agent of the prIme contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. FR-9 Fonn 1273 - Revised 3-95 08-07-95 2. The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4, No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY; ACCIDENT PREVENTION I. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.c. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to cany out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S,c. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- Form 1273 - Revised 3-95 08-07-95 02 3\2: garding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U,S.c. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm. or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be per- formed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat, 355), as amended and sup- plemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both," X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to nil related subcontracts of$IOO,OOO or more,) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: I, That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U,S.c. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S,c. 1251 et seq., as amended by Pub, L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2, That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3, That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EP A, indicating that a facility that is or will be utilized FR-IO for the contract is under consideration to be listed on the EP A List of Violating Facilities, 4, That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below, b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations, f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction, g. The prospective primary participant further agrees by submitting this proposal that it will include the clause title, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, h. A participant in a covered transaction may rely upon a certification of a prospective :-:rticipant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration_ i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j, Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government the de partment or agency may terminate this transaction for' cause 0 default. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b, Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with, obtaining, attempting to obtain, or performmg a publIc (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of r~cords' making false statements, or receiving stolen property; , , c, Are not presently indicted for or otherwise criminally or CIVilly charged by a govemmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph I b of this certification; and FR-I I Form 1273 - Revised 3-95 08-07-95 d. Have not within a 3-year period preceding this ap- plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2, Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below, b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c, The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e, The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or v01untarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not Form 1273 - Revised 3-95 08-07-95 02 3,2 reqiJired to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establislunent of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings, i, Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, 2, Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ***** XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) I, The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, FR-12 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its ins~ructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U,S.c. 1352, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not mo than $100,000 for each such failure, 3, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-aid Construction Contracts" the following are the goals for female utilization: Goal for Women (applies nationwide)..............(percent) ......... 6.9 The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non-SMSA Counties .....................,............. CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Non-SMSA Counties, ......................,........... CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seas ide- Monterey, CA..,.""""", .........,.", ........,....., CA Monterey, 7360 San Francisco-Oakland, CA. ................ CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA ........................................ CA Santa Clara, 7485 Santa Cruz, CA.......,....................,......., CA Santa Cruz. 7500 Santa Rosa, CA ..,................................. CA Sonoma, 8720 Vallejo-Fairfield- Napa, CA................. CA Napa; CA Solano Non-SMSA Counties .........,..,.............,............, CA Lake; CA Mendocino; CA San Benito. Goal (Percent) 6.8 6,6 28.9 25.6 19,6 14,9 9,1 17,1 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA. ................................. CA Placer; CA Sacramento; CA Yolo. Non-SMSA Counties, ....................................... CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba, 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA.....................,........,........ CA Stanislaus. 8120 Stockton, CA.........,.........................,... CA San Joaquin. Non-SMSA Counties ......,..., ................,.",.,.."" CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno-Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA .................................. CA Kern. 2840 Fresno, CA...............................,.......... CA Fresno. Non-SMSA Counties ......"".. ..........., ,........",.... CA Kings; CA Madera; CA Tulare, 180 Los Angeles, CA: SMSA Counties: 0360 Anahim-Santa Ana-Garden Grove, CA..... ....,.... ........, ......"".,.. .......",.. CA Orange. 4480 Los Angeles-Long Beach, CA ,......." ,....... ,......" ,.....",.. ,.."", ,.. CA Los Angeles, 6000 Oxnard-Simi Valley- Ventura, CA ...."... .....,.. ...."", ,..,.", ,....""... CA Ventura, 16,1 14.3 12.3 24.3 19.8 19.1 26.1 23.6 11.9 28.3 21.5 FR-B Form 1273 - ReVISed 3-95 08-07-95 6780 Riverside-San Bernardino- Ontario, CA, .......................,............,._,..... CA Riverside; CA San Bernardino. 7480 Santa Barbara-Santa Maria- Lompoc, CA""", .................."""",., ....."." CA Santa Barbara. Non-SMSA Counties """"""",..............""....... CA Inyo; CA Mono; CA San Luis Obispo. 19.0 19.7 24,6 02 3,2 181 San Diego, CA: ~1 SMSA Counties 7320 San Diego, CA, ,................................., 16,9 CA San Diego, Non-SMSA Counties.....................,.....",....."... 18,2 CA Imperial. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHW A PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. FR-14 02 312 FEDERAL MINIMUM W AGE RATES GENERAL DECISION CAOI0037 12/28/01 CA37 General Decision Number CAOI0037 State: California Superseded General Decision No. CA000037 Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies) : SAN BERNARDINO BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS dredge work); HEAVY CONSTRUCTION PROJECTS (does drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Publication Date 03/02/2001 03/09/2001 03/23/2001 04/27/2001 06/01/2001 06/29/2001 07/27/2001 08/10/2001 08/31/2001 09/21/2001 09/28/2001 10/19/2001 10/26/2001 11/02/2001 11/09/2001 11/16/2001 12/28/2001 . . 02 3'~ (does not include hopper not include water well COUNTY (ies) : SAN BERNARDINO * ASBE0005B 01/01/2000 Rates INSULATOR/ASBESTOS WORKER Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 30.46 ASBE0005Z 10/19/1998 ASBESTOS REMOVAL/ HAZARDOUS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing oa all insuling materials from mechanical systems, whether they contain asbestos or not BOIL0092F 10/01/2000 BOILERMAKER BRCA0004U 05/01/2001 BRICKLAYER; MARBLE SETTER MARBLE FINISHER BRCA0018G 01/01/2001 TILE SETTERS TILE FINISHERS BRCA0018K 12/01/2000 TERRAZZO WORKER TERRAZZO FINISHER CARP0002B 07/01/2001 DIVERS: Diver, wet Diver, stand-by Rates 19.70 Rates 30.06 Rates 27.02 15.50 Rates 22.00 14.00 Rates 26.78 20.53 Rates 486.08 per day 243.04 per day 02 3\2 Fringes 7.53 Fringes 4.87 Fringes 9.61 Fringes 7.20 1. 52 Fringes 3.23 3.23 Fringes 5.34 5.34 Fringes 5.61 5.61 Diver tender 235.04 per day 5.61 ---------------------------------------------------------------- CARP0002Q 07/01/1999 DRYWALL INSTALLERS: Work on wood-framed apartment buildings under 4 stories All other work DRYWALL STOCKER/SCRAPPER Rates Fringes 19.00 6.33 25.75 6.33 10.00 5.32 ---------------------------------------------------------------- CARP0003E 07/01/1998 CARPENTERS: Rates Fringes Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establishments, also including curb, gutter and sidewalks where the total cost of the project does not exceed seven and one-half million ($7,500,000.00) dollars. CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer Shingler Roof loader of shingles Saw filer Table power saw operator Pneumatic nailer or power stapler Fence builder Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger Head rockslinger Rock barge or scow Scaffold builder All other work: CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer Shingler Roof loader of shingles Saw filer Table power saw operator 22.75 6.28 22.88 6.28 15.42 6.28 22.83 6.28 22.85 6.28 23.00 6.28 20.30 6.28 23.25 6.28 22.88 22.98 22.78 17.00 6.28 6.28 6.28 6.28 24.75 24.88 17.42 24.83 24.85 6.28 6.28 6.28 6.28 6.28 Pneumatic nailer or power stapler Fence builder Millwright Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger Head rockslinger Rock barge or scow Scaffold builder 25.00 22.30 25.25 6.28 6.28 6.28 24.88 24.98 24.78 19.00 6.28 6.28 6.28 6.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0003H 07/01/2001 MODULAR FURNITURE INSTALLER LOW WALL MODULAR TECHNICIAN FULL WALL TECHNICIAN Rates 14.99 18.22 21.47 Fringes 5.805 5.805 5.805 * ELEC0011C 12/01/2001 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: Installer Technician 22.13 23.93 3% + 4.40 3% + 4.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, 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 systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communicat).on Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. 02 3\2 Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- ELEC0477B 06/04/2001 Electrician Cable splicer Electrician, tunnel work Rates 27.25 27.75 33.37 Fringes 3%+10.75 3%+10.75 3%+10.75 ---------------------------------------------------------------- * ELEC1245A 06/01/2001 Rates Fringes ALL COVERED COUNTIES (EXCLUDING MODOC AND SISKIYOU COUNTIES) LINE CONSTRUCTION AND OUTSIDE UTILITY Line worker; Cable splicer Powder worker Ground person Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) TRANSMISSION 32.20 30.59 20.93 WORK: 4.5%+7.35 4.5%+7.46 4.5%+7.58 27.37 4.5%+7.07 SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies. ---------------------------------------------------------------- ELEV0018A 09/15/2001 ELEVATOR MECHANIC Rates 33.695 Fringes 7.455 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ---------------------------------------------------------------- ENGI0012C 07/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 27.05 27.83 28.12 29.21 29.43 29.54 29.66 29.83 29.93 11.30 11.30 11.30 11.30 11.30 11.30 11.30 11.30 11.30 GROUP 10 29.96 11.30 GROUP 11 30.04 11.30 GROUP 12 30.16 11.30 GROUP 13 30.33 11.30 GROUP 14 30.43 11.30 GROUP 15 30.54 11.30 GROUP 16 30.66 11.30 GROUP 17 30.83 11.30 GROUP 18 30.93 11.30 GROUP 19 31.04 11.30 GROUP 20 31.16 11.30 GROUP 21 31.66 11.30 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 28.00 11.30 GROUP 2 28.78 11.30 GROUP 3 29.07 11.30 GROUP 4 29.21 11.30 GROUP 5 29.43 11.30 GROUP 6 29.54 11.30 GROUP 7 29.66 11.30 GROUP 8 29.83 11.30 GROUP 9 30.00 11.30 GROUP 10 31.00 11.30 GROUP 11 32.00 11.30 GROUP 12 33.00 11.30 GROUP 13 34.00 11.30 TUNNEL WORK: GROUP 1 29.28 11.30 GROUP 2 29.57 11.30 GROUP 3 29.71 11.30 GROUP 4 29.93 11.30 GROUP 5 30.04 11.30 GROUP 6 30.46 11.30 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine 02 312 oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 3D' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator (including water wells); Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machi~e operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); T~actor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 6: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surf~ce heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 7: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar pugmill equipment) GROUP 8: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine 02 312 operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading _ two (2) or more units) GROUP 9: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 10: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 11: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 12: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 13: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem _ Quad 9 and similar type) GROUP 14: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 15: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combinati,n, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 18: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, 02 3\2 clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener, Equipment greaser (grease truck), Slip form pump operator (power-driven hydraulic lifting device for concrete forms), Tugger hoist operator (1 drum), Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.), Small Ford, Case or similar, Drill doctor, Grouting machine operator, Heading shield operator; Heavy-duty repairperson, Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type), Pneumatic heading shield (tunnel), Pumpcrete gun operator, Tractor compressor drill combination operator, Tugger hoist operator (2 drum), Tunnel locomotive operator (over 30 tons) GROUP 6: Tunnel mole boring machine operator ENGI0012D 08/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: Leverman Dredge dozer Deckmate Winch operator (stern winch on dredge) Fireman, deckhand and bargeman Barge mate 33.65 30.18 30.07 11.30 11.30 11.30 29.52 11.30 28.98 29.59 11.30 11.30 IRON0001R 07/01/2001 Rates Fringes IRONWORKERS: Fence erector Ornamental, reinforcing and structural 25.19 14.575 26.08 14.575 FOOTNOTE: Work at China Lake Naval Test Station, Edwards Air Force Base, Fort Irwin Military Station, Fort Irwin Training Center - Goldstone, 29 Palms - Marine Corps, U.S. Marine Base - Barstow: $3.00 per hour additional. Work at Yermo Marine Corps Logistics Center: $2.00 per hour addi tional. LAB00001B 07/01/2001 BRICK TENDER FORK LIFT OPERATOR Rates 20.41 20.71 Fringes 9.26 9.26 LAB00002H 07/01/2001 02 3,2 LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 Rates Fringes 19.46 9.81 19.96 9.81 20.46 9.81 21.91 9.81 22.16 9.81 22.37 9.81 22.64 9.81 23.05 9.81 23.64 9.81 22.34 12.23 21. 39 12.23 17.85 12.23 IS INCIDENTAL TO A 15.50 8.38 15.25 8.38 TUNNEL LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 HOUSEMOVERS (ONLY WHERE HOUSEMOVING CONSTRUCTION CONTRACT) : Housemover Yard maintenance person FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms, Concrete screeding for rough strike-off, Concrete, water curing, Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber, Fire watcher, limber, brush loader, piler and debris handler, Flag person, Gas, oil and/or water pipeline laborer, Laborer, asphalt-rubber material loader, Laborer, general or construction, Laborer, general clean-up, Laborer, landscaping, Laborer, jetting, Laborer, temporary water and air lines, Material hose operator (walls, slabs, floors and decks) , Plugging, filling of shee bolt holes, Dry packing of concrete, Railroad maintenance, repair track person and road beds, Streetcar and railroad construction track laborers, Rigging and signaling, Scaler, Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface, Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated 02 312 manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast; Welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- LAB00783D 08/01/2001 Rates Fringes Fort Irwin, George Air Force Base, Larine Corps Air Station 29 Palms, Marine Corps Logistics Supply Base: PLASTERER TENDER PLASTER CLEANUP LABORER 25.30 22.75 9.62 9.62 Remainder of San Bernardino County: PLASTERER TENDER PLASTER CLEANUP LABORER 22.30 19.75 9.62 9.62 -------------------------------------------------- LAB00882B 01/01/2001 Rates Fringes ASBESTOS REMOVAL LABORER 20.12 7.50 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LABOl184A 07/01/2001 Rates Fringes LABORERS - STRIPING: GROUP 1 20.24 7.97 GROUP 2 20.94 7.97 GROUP 3 23.01 7.97 GROUP 4 24.66 7.97 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment PAIN0036A 07/01/2001 Rates Fringes PAINTER (includes lead abatement) Work on service stations and and car washes; Small new commercial work (defined 02 3,2 as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt-up buildings); Repaint work (defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); Tenant improvement work (defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects All other work 21.25 5.63 24.52 5.63 * PAIN0036H 10/01/2001 -------------------------------------------------------- DRYWALL FINISHERS Rates 25.33 Fringes 7.93 PAIN1247B 01/01/2001 ----------------------------------------------------- SOFT FLOOR LAYER Rates 25.45 Fringes 6.22 ------------------------------------------------- PLAS0200D 08/06/1997 PLASTERER Rates 24.13 Fringes 4.04 PLAS0500B 07/01/2001 -------------------------------------------------------- CEMENT MASONS: Work on projects where the total permit value of the general and all subcontracts is $12 million or less: Cement Mason; curb and gutter machine; Clary and Rates Fringes 02 3,2 similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 20.47 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 20.60 Cement mason, floating and troweling machine operator 22.31 All other work: Cement mason; curb and gutter machine operator; Clary and similar type of screed operator (cement only) ; grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 22.31 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 22.43 Cement Mason - floating and troweling machine operator 22.56 9.45 9.45 11.45 11.45 11.45 11.45 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0.25 per hour additional. PLUM0016B 07/01/2000 Rates Fringes PLUMBER; STEAMFITTER: Work on strip malls, light commercial, tenant improvement and remodel work Work on new additions and remodeling of bars, restaurants, stores and commercial buildings, not to exceed 5,000 sq. ft. of floor space All other work: Fort Irwin Army Base, Marine Corps Logistic Base at Nebo, Marine Corps Logistic Base at Yermo and Twenty-Nine Palms Marine Base George Air Force Base 22.95 8.90 24.93 11.32 29.28 28.03 11.87 11.87 Remainder of County 25.78 11.87 SEWER AND STORM DRAIN WORK 17.46 10.76 ---------------------------~------------------------------------ PLUM0345A 07/01/2001 LANDSCAPE & IRRIGATION FITTER Rates 20.38 Fringes 11.10 ---------------------------------------------------------------- ROOF0146A 09/01/1994 ROOFERS Rates 18.78 Fringes 8.25 ---------------------------------------------------------------- SFCA0669I 04/01/1999 Rates Fringes DOES NOT INCLUDE THE NORTHERN PART OF THE CITY OF CHINO, OR THE CITIES OF MONTCLAIR OR ONTARIO: SPRINKLER FITTER (FIRE) 23.00 6.40 ---------------------------------------------------------------- SFCA0709D 09/01/2001 Rates Fringes THE NORTHERN PART OF THE CITY OF CHINO, AND THE CITIES OF MONTCLAIR AND ONTARIO: SPRINKLER FITTER (FIRE) 31.58 10.95 --------------------------------------------------- * SHEE0102G 02/01/2001 Rates Fringes INDUSTRIAL Work on all air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings SHEETMETAL WORKER 24.91 13.62 -------------------------------------------------- * SHEE0102H 07/01/2001 Rates Fringes COMMERCIAL: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation SHEET METAL WORKER 28.95 10.57 ---------------------------------------------------- TEAM0011I 07/01/2001 Rates EDWARDS AFB, FORT IRWIN, GEORGE AFB, MARINE AT NEBO & YERMO, TWENTY-NINE PALMS BASE Fringes CORPS LOGISTIC BASE TRUCK DRIVERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 GROUP 11 24.44 24.59 24.79 24.72 24.91 24.85 24.97 25.22 25.47 25.67 26.47 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 REMAINDER OF COUNTY: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 21.44 21.59 21.72 21.91 21.85 21.97 22.22 22.47 22.67 22.97 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 12.39 GROUP 11 23.47 12.39 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck-mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vahicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level 02 3,2 GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds'. or more water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments ---------------------------------------------------------------- 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 ( 2 9 CFR 5. 5 (a) (1) (v) ) . --------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 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, D. C. 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 U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 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, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 02 312 CITY'S DBE PROGRAM \)2 3,2 2001-69 02 3'z . If EXHIBIT 1 CITY OF SAN BERNARDINO DISADV ANTAGED BUSINESS ENTERPRISE PROGRAM Submitted in fulfillment of: Section 1101 of the Transportation Equity Act for the 21 st Century Title 49 Code of Federal Regulations, Part 26 and Caltrans Local Assistance Procedures Manual I 2001-69 t~ 3f~ CITY OF SAN BERNARDINO DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM TABLE OF CONTENTS I Defin ition of Terms ..................... ...................................................................... 1 II Objectives/Policy Statement ............................................................................ 1 I I I Non d iscrim i n a ti 0 n....................... .................. ........................... ........ ................ 2 1\' D BE Program U pda tes .................................................................................... 2 V Quo tas .................... ....................... .............. ....................... .............. ................. 2 V I DB E Liaiso n Office r ........................................................................................ 3 VII Federal Financial Assistance Agreement Assurance................................... 3 VIII D BE Fina ncial Ins titu ti ons ............................................................................ 4 I X D i rec tory... ....................................... ............... ............ .......... ..... ......... ...... ...... 4 x 0 verco n ce n t ra ti 0 n .... ...... .... .......... ............. .............. .................... ..... ....... ....... 4 XI Business Developmen t Programs .................................................................. 5 XII Req ui red Con tract Clauses ............................................................................ 5 XIII Monitoring and Enforcement Mechanisms ................................................. 6 X I V Ove ra II Goals .................. ............... ...... ...... ......... ............... ................ ............. 9 XV Con tract Goals ............................................................................................. 11 XVI Transit Vehicle Manufacturers .................................................................. 11 X VII Good Faith Efforts ...................................................................................... 12 XVIII Counting DBE Participation ..................................................................... 14 XIX C ert i fj ca tio n ................... ........... .............. ....................................... ........,.... 14 XX I nformation Collection and Reporting .................................................... 14 Attachment to DBE Program: To Be Used For Design-Build Contracts Appendix A: (Appendix A to Part 26) Guidance Concerning Good Faith Efforts Appendix B: DBE Program Organizational Chart Appendix C: Bidders List and Prompt Payment Certification Form Appendix D: Overall Annual DBE Goal Analysis for FFY 2000/01 Appendix E: Necessity or Emergency For Subsequent Subcontractor Selection 20'01-69 02 11' This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26 DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM FOR THE CITY OF SAN BERNARDINO I Definitions of Terms The tenns used in this program have the meanings defined in Title 49 CFR ~26.5. II Objectives IPolicy Statement (9926.1,26.23) The City of San Bernardino has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), Title 49 CFR, Part 26. The City of San Bernardino has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of San Bernardino will sign an assurance that it will comply with Title 49 CFR, Part 26. (For Design-Build Contracts see also Attachment to this document) It is the policy of the City of San Bernardino to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: + To ensure nondiscrimination in the award and administration of DOT-assisted contracts + To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts + To ensure that the DBE Program is narrowly tailored in accordance with applicable law +To eTlsure that only firms that fully meet Title 49 CFR, Part 26 eligibility standards are pennitted to participate as DBEs + To help remove barriers to the participation of DBEs in DOT-assisted contracts + To assist the development of firms that can compete successfully in the market place outside the DBE Program. , 2001-69 T. Jarb Thaipejr, Senior Civil Engineer, has been delegated as the DBE Liaison Officer. In that capacity, Mr. Thaipejr is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of San Bernardino in its financial assistance agreements with the California Department of Transportation (Caltrans). The City of San Bernardino has disseminated this policy statement to the ~ iayor and Common Council and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perfonn work for us on DOT-assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. III Nondiscrimination (926.7) The City of San Bernardino will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by Title 49 CFR, Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the City of San Bernardino will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. IV DBE Program Updates (926.21) The City of San Bernardino will continue to cany out this prograrn until the City of San Bernardino has established a new goal setting methodology or until significant changes to this DBE Prograrn are adopted. The City of San Bernardino will proyide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June I of every year. V Quotas (g26.43) The City of San Bernardino will not use quotas or set-asides in any way in the administration of this DBE program. 200J-69 . , ~ 02 312 VI DBE Liaison Officer (DBELO) (926.45) The City of San Bernardino has designated the following individual as the DBE Liaison Officer: Mr. T. Jarb Thaipejr, P.E., Sr. Civil Engineer Department of Deyelopment Services, Division of Public Works 300 North "D" Street, San Bernardino, CA 92418 Phone: (909) 384-5127, E-mail: thaipejrja@ci.san-bernardino.ca.us In that capacity, Mr. Thaipejr is responsible for implementing all aspects of the DBE program and ensuring that the City of San Bernardino complies with all provisions of Title 49 CFR, Part 26, "Participation by Disadvantaged Business Enterprise Regulations in Department of Transportation Financial Assistance Programs n. This is available on the Internet at osdbuweb.dot.gov/main.cfm. Mr. Thaipejr has direct, independent access to the Mayor and Common Council concerning DBE program matters. An organization chart displaying the DBE Liaison Officer's position in the organization is found in "Appendix B" to this program. The DBE Liaison Officer is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. Duties and responsibilities include the following: I. Gathers and reports statistical data and other information as required. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set oyerall annual goals for DBE participation in DOT- assisted contracts. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations when warranted (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the City of San Bernardino's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and Insurance. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opportunities. VII Federal Financial Assistance Agreement Assurance (926.13) The City of San Bernardino will sign the following assurance, applicable to all FHW A-assisted contracts and their administration as part of the program 'supplement agreement for each project: 2001-69 The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and perfonnance of any DOT-assisted contract or in the administration of its DBE Program or the requirements .of Title 49 CFR, part 26. The re;;ipient shall take all necessary and reasonable steps under Title 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE Program, as required by Title 49 CFR, Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its tenns shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.c. 100] and/or the Program Fraud Civil Remedies Act of] 986 (31 U.S.c. 3801 et seq.). [Note - this language is to be lIsed verbatim. as it is stated in ~26.13(a). However, approval authority oj the recipient's DBE Program has been delegated to Caltrans Jar FHWA-assis/ed contracts.] VIII DBE Financial Institutions It is the policy of the City of San Bernardino to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Infonnation on the availability of such institutions can be obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX DBE Directory (926.31) The City of San Bernardino will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at www.dot.ca.gov/hq/bep. X Over-concentration (926.33) The City of San Bernardino has not identified any types of work in DOT-assisted contracts that have an oyer-concentration of DBE participation. If in the future, the City of San Bernardino identifies the need to address over-concentration, measures for addressing over-concentration will be submitted to the DLAE for approyal. 2001..-69 '02 312 XI Business Development Programs (~26.35) The City of San Bernardino does not have a business development or mentor-protege program. If the City of San Bernardino identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approval. XII Required Contract Clauses (~S26.13, 26.29) Contract Assurance The City of San Bernardino ensures that the following clause is placed in every DOT-assisted contract and subcontract: The contractor or subcontractor shall not discriminate on the basis - of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of TITLE 49 CFR. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. Prompt Payment The City of San Bernardino ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract: Satisfactory Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of San Bernardino. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of San Bernardino. This clause applies to both DBE and non-DBE subcontractors Release of Retainage The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of San Bernardino. This clause applies to both DBE and non-DBE subcontractors. 2001-69 On~oing ConlDliance Monitoring It is the responsibility oIthe prime contractor to provide evidence of all subcontractor payments in accordance with the above stated Prompt Payment Provisions. Verification of payments made to subcontractors shall accompany each prime contractor s request for payment. As an alternative. the prime contractor can complete the City of San Bernardino Form: "Prompt Payment Certification" and submit with each request for payment. Failure to comply with the above stated provisions may result in a delay in processing the prime contractor's request for payment or be subject to other remedies as the City of San Bernardino deems appropriate. XIII Monitoring and Enforcement Mechanisms (926.37) The City of San Bernardino will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award, the City of San Bernardino will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the' work to be performed by the DBEs or subcontractors listed. ( For Design-Build Contracts see also Attachment to this document) Preconstruction Conference A preconstruction conference will be scheduled between the RE and the prime contractor or their representative to discuss the work each DBE subcontractor will perform. (For Design-Build Contracts see also Attachment to this document) Before work can begin on a subcontract, the City of San Bernardino will require the contractor to submit a completed "Subcontracting Request", Exhibit 16-B of the Caltrans Local Assistance Program Manual (LAPM) or equivalent. When the RE receives the completed fonn, it wili be checked for agreement of the first tier subcontractors and DBEs. The RE will not approye the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-0 of the Caltrans LAPM. The "Subcontracting Request" will not be approved until all discrepancies are resolved. If an issue cannot be resolyed at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. 2001-69 '02 31 2 Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Infonnation" will be compared to those listed in the completed Exhibit 16-1 of the Caltrans LAPM o~ equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FP A). The City of San Bernardino will require contractors to adhere to the provisions \vithin Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or S 1 0,000, whicheyer is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" from the Caltrans LAPM and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in confonnance with the contract. Construction Contract Monitoring The RE will ensure that the RE's staff (inspectors) know what items of work each DBE IS responsible for perfonning. Inspectors will notify the RE immediately of apparent violations. When a finn other than the listed DBE subcontractor is found performing the work, the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly trucking document, the contractor will be required to submit documentation to the RE showing the owner's name, the California Highway Patrol CA number, and the DBE certification number of the owner of the truck for each truck used during that month for which DBE participation will bc claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. Providing evidence of DBE payment is the responsibility of the contractor. (For Design-Build Contracts see also Attachment to this document) 2001-69 Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: I. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed, the contractor will proyide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F of Caltrans LAPM and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed Exhibit l5-G and, if applicable, to the completed Exhibit 16-B of Caltrans LAPM. The DBEs shown on the completed Exhibit 17-F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit l5-G when: · There have been no changes made by the RE. · The contractor has not provided a sufficient explanation in the comment section of the completed Exhibit l7-F. The explanation will be attached to the completed Exhibit l7-F for submittal. The RE will file this in the project records. 2001-69 .. 02 3 1 ? The City of San Bernardino's DBE Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor the City of San Bernardino's commitment to require bidders list information to be submitted to the City of San Bernardino from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of San Bernardino will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 926.109. The City of San Bernardino also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV Overall Goals (926.45) Amount of Goal The City of San Bernardino's overall goal for the Federal fiscal year (FFY) 2000/2001 is the following: ll.% of the Federal financial assistance in FHW A-assisted contracts This overall goal is broken down into 10 % race-conscious and ..1....%. race-neutral components. Methodology Before working on this section, refer to the two step process and choice of methods in Section 9.4 of this chapter in thc L^PM. Refer to "Appendix D" for the City of San DCfIlardil1o's Overall Annual DBE Goal Methodology for the FFY 2000/2001. 2001-69 Breakout of Estimated Race-Neutral and Race-Conscious Participation The City of San Bernardino shaI.l achieve the overaI.l annual goals for DBE participation through a combination of race-neutral and race-conscious measures including the use of contract-specific goals as needed to meet its overaI.l annual DBE goal. Race-Neutral Measures The City of San Bernardino intends to use race-neutral measures to the extent feasible to achieve its overaI.l annual goal. The City of San Bernardino will use the following measures as appropriate to facilitate DBE and other small business participation in the City of San Bernardino's contracting program: (a) Configuring large contracts into smaller contracts to make contracts more accessible to small contractors, when doing so would not impose significant additional cost, delay or risk to the City of San Bernardino. (b) Encouraging contractors to consider subcontractors for components of the work for which there is a known supply of ready, willing and able subcontractors, including DBE subcontractors, in preparing their bids. (c) Assisting in overcoming limitations in bonding and finanr:ing. (d) Proyiding technical assistance in orienting small contractors to public contracting procedures, use of the Internet, and facilitating introductions to the City of San Bernardino's and other FHW A recipients' contracting activities. (e) Providing information on contract procedures and contract opportunities to ensure the inclusion of DBEs and other smaI.l contractors. Race-Consciolls Measures Goals (sectioll 26.5]) The City of San Bernardino wiI.l annually consider various factors to project levels of DBE participation to be met through race-conscious measures and will use race-conscious measures such as contract-specific goals to meet that portion of the overall goal which is not likely to be met utilizing race-neutral measures. The City of San Bernardino shall monitor and adjust the estimated utilization of race-neutral and race-conscious measures as required in accordance with regulatory guidelines. Process Starting with the Federal fiscal year 2002, the amount of oyerall goal, the method to calculate the goal, and the breakout of estimated race-neutral and race-conscious participation would be required annually by June 1 in advance of the Federal fiscal year beginning October I for FHW A-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FT A or FAA recipients are required by FT A or FAA to submit the annual information to them or a designee by another date. FHW A recipients will follow this process: Once the DLAE has responded with preliminary comments and the Comments have been incorporated into the draft overall goal information, the City of San Bernardino will publish a 2001-69 O?~"'_31 2. notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the City of San Bernardino's principal office for 30 days following the date of the notice, and informing the public that the City of San Bernardino's comments will be accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of infonnation and comments receiyed during this public participation process and the City of San Bernardino's responses. This will be due by September I to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of San Bernardino may begin using the overall goal on October I of each year. XV Contract Goals (926.51) The City of San Bernardino will use contract goals to meet any portion of the overall goal the City of San Bernardino does not project being able to meet by the use of race-neutral means, Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT -assisted contracts that haye subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability ofDBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract docurnents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI Transit Vehicle Manufacturers (S2G.49) If DOT-assisted contracts will include transit vehicle procurements, the City of San Bernardino will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of TITLE 49 CFR Part 26, Section 49. The City of San Bernardino will direct the transit vehicle manufacturer to the subject requirements located on the Internet at http://osdbuweb.dot.gov/programs/ d be! dbe.h tm. 2001-69 XVII Good Faith Efforts (926.53) Information to be Submitted The City of San Bernardino treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to the City of San Bernardino, 300 North "D" Street, San Bernardino, CA 92418, no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract. 2. A description of the work that each DBE will perform. 3. The dollar amount of the participation of each DBE firm participation. 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal. 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment. 6. If the contract goal is not met, evidence of good faith efforts. 7. (For Design-Build Contracts see also Attachment to this document) 8. (For Design-Build Contracts see also Attachment to this document) Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in "Appendix A to Part 26", which is attached. ( For Design-Build Contracts see also Attachment to this document) The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: Mr. T. Jarb Thaipejr, DBE Liaison or designee The City of San Bernardino will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. 2001-69 02 312 Administrative Reconsideration Within 10 days of being informed by the City of San Bernardino that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official.' Raymond A. Casey, City Engineer Development Services - Public Works Division City of San Bernardino 300 North '"D" Street San Bernardino, CA 92418. The reconsideration official will not have played any role in the original detennination that the bidder/offeror did not make or document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will haye the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to meet the goal. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to meet the goal. The City of San Bernardino will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to meet the goal. The result of the reconsideration process is not administratiyely appealable to Caltrans, FHW A or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of San Bernardino will require a contractor to make good faith efforts to replace a DBE that is tenninated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE imrnediately of the DBE's inability or unwilllllgness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain the City of San Bernardino prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of San Bernardino contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer rnay issue a terminatIon for default proceeding. 2001-69 XVIII Counting DBE Participation (~26.55) The City of San Bernardino will count DBE participation toward overall and contract goals as proyided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. See the Caltrans' Sample BoilerPlate Contract Documents previously mentioned. Also, refer to XIII. "After Contract Award. " XIX Certification (~26.83(a)) The City of San Bernardino ensures that only DBE firms that are currently certified on the Caltrans' directory would participate as DBEs in our program. XX Information Collection and Reporting Bidders List The City of San Bernardino will create and maintain a bidder list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidder list will include the name, address, DBE/non-DBE status, age, and annual gross receipts offirms. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the City of San Bernardino, Caltrans, FHW A, or DOT. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of San Bernardino to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule ofDBE participation. Reporting to Caltrans The City of San Bernardino will report final utilization of DBE participation to the DLAE using Exhibit 17-F of the Caltrans' LAPM. 2001-69 02 :l12 Confidentiality The City of San Bernardino will ,safeguard from disclosure to third parties infonnation that may reasonably be regarded as confidential business infonnation, consistent with Federal, state, and local laws. /'--) I ".~ ,I" / .,~/' .....- '- ~. ~li'" (c] '2c..<':'\ Date ' ...Judith Valles, Mayor City of San Bernardino This Disadvantaged Business Enterprises Program is accepted by: Signature ofDLAE Date 2001-69 02 312 ATTACHMENT TO DBE PROGRAM TO BE USED FOR DESIGN-BUILD CONTRACTS The following are hereby incorporated into the Agency's Disadvantaged Business Enterprise (DBE) Program: II Objectives fPolicy Statement (Sg26.1, 26.23) At the end of the first paragraph, add the following: The Agency recognizes that certain modifications are necessary to adapt the program for use in connection with design-build contracts, and has therefore established certain procedures applicable to design-build DBE contracts under the DBE Program. Public Contract Code Section 4109 requires subcontractors to be identified by the prime contractor for the subletting or subcontracting of any portion of the work in excess of one-half of 1 percent of tlte prime contractor's total bid. Exceptions are only in the cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of tlte awarding authority setting fortlt the facts constituting tlte emergency or necessity. The written public record oftlte awarding authority/Agency as to either emergency or necessity;s attached hereto. See "Appendix E" for example. XIII Monitoring and Enforcement Mechanisms (S26.37) At the end of the first paragraph below "After Contract Award", add the following paragraph: After Design-Build Contract Award As described in tlte Section entitled "GOOD FAITH EFFORTS" below, each proposer for an Agency design-build contract will be required to submit a DBE Performance Plan as part of a responsive proposal. Following award of a design-build contract alld during both the design and cOllstruction portions of the project, the design-build contractor will be required to submit documelltation, ill the form of progress reports described below, to show that the design-build COli tractor is meeting the contract goal for the project, or if the goal is not being met, the desigll-build contractor must submit satisfactory evidence that it has made good faith efforts, ill accordance with that Section, to meet the goal. Evidence of good faith efforts, c:s described ill 49 CFR Part 26 Section 26.5349 and AppendL'( A, will be monitored by the Agency throughout the duration of the design-build project. 2001-69 J" ATTACHMENT TO DBE PROGRAM TO BE USED FOR DESIGN-BUILD CONTRACTS . At the end of the first paragraph below "Preconstmction Conference", CI Jd the following sentence: . . . . . . . .. The contractor will promptly provide the Agency with the information required by the form entitled "Local Agency DBE Information" upon selection of any DBE or other subcOlZlractor not previously identified by the design-build contractor. During the course of the contract, differences must be explained and resolved by either making corrections or requesting a substitution. At the end of the fourth paragraph below "Constmction Contract Monitoring", add the following paragraph: The contractor will provide DBE Progress Reports to the Agency with each invoice and will provide an annual report on or before August 1 of each year of the design-build contract. Each report must also include a narrative summary stating whether the contractor is on target . with respect to the DBE goal set forth in the design-build contract, whether the goal has been exceeded {stating the amount oftlte excess}, or whether the contractor is behind target {stating the amount of the deficit}. XVII Good Faith Efforts (S26.53) items: At the end of the third paragraph below "Information to be Submitted", add the following 7. A DBE Performance Plan containing a detailed description of the design-build colllractor's planned methodology for achieving tlte DBE goal stated in the contract, including a description of the good faith efforts the design-build contractor intends to undertake to achieve that goal. 8. A design-build proposal must also include an affidavit that the proposer will either attain the DBE goals for the design-build contract or will exercise good faith efforts to do so. At the end of the first paragraph below "Demonstration of Good Faith Efforts", add the following sentence: . . . . . . . .. If it is a design-build contract, each contractor proposing will be required to submit a DBE Performance Plan as part of a responsive proposal alld good faith efforts. 2001-69 02. 312 ATTACHMENT TO DBE PROGRAM TO BE USED FOR DESIGN-BUILD CONTRACTS / Date This Attachment to the Disadvantaged Business Enterprise Program to be used for Design-Build Contracts is accepted by: Signature of DLAE Date 2001-69 02 312 City of San Bernardino DB E PROGRAM I APPENDIX A I APPENDIX A TO PART 26 GUIDANCE CONCER'lING GOOD FAITH EFFORTS I When, as a recipient, you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, eyen if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. II In any situation in which you have established a contract goal, part 26 requires you to use the good faith effort mechanism of this part. As a recipient, it is up to you to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressiyely trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere 1llQ. forma efforts are not good faith efforts to meet the DBE contract requirernents. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. III The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically' prohibits you from ignoring bona fide good faith efforts. 2001-69 City of San Bernardino DB E PROGRAM I APPENDIX A I IV The following is a list of types of actions, which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to rnake a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the ayailable DBE subcontractors and suppliers, to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information proyided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreernents could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, includin.; DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perfonn the work of a contract with its own organization does not relieye the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessiye or unreasonable. '.. City oj San gr~ard~o t .2 DBE PROGRAM. I APPENDIX A I 2001-69 E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to proyide assistance in the recruitment and placement of DBEs. V In detennining whether a bidder has made good faith efforts, you may take into account the perfonnance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts; the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. 2001-69 CITY OF SAN BERNARDINO DBE PROGRAM ORGANIZATIONAL CHART 02 312 City of San Bernardino D BE PROGRAM I APPENDIX B J City of San Bernardino MA YOR AND COMMON COUNCIL CITY ADMINISTRATOR Fred Wilson DIRECTOR OF EQUAL EMPLOYMENT DEVELOPMENT SERVICES OFFICER James Funk Wallace Green PUBLIC WORKS CITY ENGINEER Raymond A. Casey SENIOR CIVIL ENGINEER DBE LIAISON OFFICER T. Jarb Thaipejr 2001":69 02 312 City of San Bernardino DB E PROGRAM I APPENDIX C ] CITY OF SAN BERNARDINO PUBLIC WORKS BIDDERS LIST All bidders/proposers are required to provide the following information for all DBE and non- DBE contractors, who proyided a proposal, bid, quote, or were contacted by the proposed prime. This information is also required from the proposed prime contractor, and must be submitted with their bid/proposal. The CITY of SAN BERNARDINO will use this information to maintain and update a Bidders List to assist in the overall annual DBE goal setting process. Firm Name: Phone: Address: Fax: Contact Person: No. of Years in Business: Is the firm currently certified as DBE under the new regulations (Title 49 CFR,Part 26)? DYES 0 NO If "yes", provide DBE Certification Number: Type of work / services / materials provided by firm: What were your firm's Gross Annual receipts for last year? Less than $1 Million Less than $5 Million Less than $10 Million Less than $15 Million More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non-DBEs) information. 2001-69 I City of San Bernardino DB E PROGRAM APPENDIX C I PROMPT PAYMENT CERTIFICATION I, , hereby certify that (Prime Contractor) (Name) has fully complied with all Prompt Payment provisions set forth in the City of San Bernardino's DBE Program, and will make verification of payment records immediately available at the City of San Bernardino's request. I certify under penalty of perjury that the information provided is true and correct. Signature Date 2001-69 02 312 City of San Bernardino D B E PROGRAM I APPENDIX D I CITY OF SAN BERNARDINO Proposed Regional Baseline DBE Goal Methodology for FFY 2000/2001 Submitted in fulfillment of: Section 1101 of the Transportation Equity Act for the 21 st Century Title 49 Code of Federal Regulations, Part 26 and Caltrans Local Assistance Procedures Manual 2001-69 02 312 City of San Bernardino DB E PROGRAM I APPENDIX D I CITY OF SAN BERNARDINO BASELINE DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL METHODOLOGY FOR FEDERAL FISCAL YEAR (FFY) 2000/2001 (October 1,2000 to September 30,2001) INTRODUCTION: An Overall Annual Goal was established for DBE participation in City of San Bernardino's FY 2000/200 I DOT -assisted contracts in compliance with recently revised federal regulations set forth in Title 49 CFR, Part 26, Participation by Disadvantaged Business Enterprises in u.s. Department of Transportation (DOT) Programs and in Caltrans' Local Assistance Procedures Manual. The recommended Overall Annual DBE Goal for contracts assisted by DOT is 1rL2. This goal identifies the re1atiye availability ofDBEs based on evidence of ready, willing and able DBEs in relationship to all comparable businesses which are known to be available to compete for the City of San Bernardino's DOT -assisted contracts. The following describes the methodology undertaken to establish the recommended goal and the race-neutral and race- conscious measures, which would be applied to achieye the overall goal. I. DOT ASSISTED CONTRACTING PROGRAM FOR FFY 2000/01 Table 1 below presents the anticipated areas of contracting, by project type for which the City of San Bernardino (City) intends to disburse Department of Transportation (DOT) assisted funds for transportation-related projects in FFY 2000/0 I, as follows: Table 1 ----------- Proiect Type Street Construction Street Rehabilitation Signalization Bridge Seismic Retrofit 2001-69 City of San Bernardino DB E PROGRAM I APPENDIX D I Table 2 below represents a summary of corresponding subspecialty work areas grouped under two primary categories; Constructioll and Professional Services. The Caltrans DBE Directory Work Category Codes (WWC) and Descriptions and comparable 1997 and 1998 Census Business Patterns database, North American Industry Classification System (NAICS) work category codes utilized are also presented, as follows: Table 2 PRIMARY WORK CAL TRANS NAICS CATEGORY WORK CATEGORY CATEGORY DESCRIPTION CODES CONSTRUCTION: C1601, C191O, C2000, C220l, Highway & Street C391O, C390l, C5620, C71l2, 23411 Construction C7l91, C8406, C850l, C8602, C190l, C5llO, C5l35, C730l PROFESSIONAL SERVICES: Engineering Services C8703, C8720, C8760, C8770 54133 II. GOAL-METHODOLOGY Step I: Determinatioll of a Base Figure (26.45) To determine a Base Figure of relative availability of DBEs, the City embraced a methodology which included a review of the ratio of all available (ready, willing and able) established DBE firms in relation to all available established finns within the City's market area. This was accomplished by utilizing the Caltrans on-line Bulletin Board System (BBS) DBE Directory of Certified Firms within the two primary work categories as its numerator and the 1997 and 1998 U.S. Census Bureau County Business Patterns (CBP) Database of all comparable established finns as its denominator. The City rnade a concerted effort to ensure that the scope of businesses included in the nurnerator was as close as possible to the scope included in the denominator. To derive the relatiye availability of DBEs for each major work category, the City diyided the numerator' by the denominator2, which yielded a Base Figure, utilizing the following fonnula: Number of Ready, Willing and Able DBE Firms ------------------------------------------------------------------- == BASE FIGURE Number of All Available Firms I Numerator represents all available established DBE firms within the San Bernardino County, I Denominator represents all available established firms within the San Bernardino County. L 02 ,3 1 2 City of San Bernardino DB E PROGRAM APPENDIX D I 2001.-09 Table 3 below presents the results of the application of this formula within each major category, and the basis for calculating the resultant Base Figure of the relative availability of DBEs. Table 3 Base Figure = lDBEs in (1601 C19l0*)-t- CBPs in NAICS 23411 ** Base Figure = [(QQ) + Llli ] 770 300 8m F;g... . G779 + .0567 ] lDBEs in (8703. C8720*) CBPs in NAICS 23571 ** Base Figure = (.1346) 100 = 13.46 = 13%*** * For detailed listing of all Caltrans Work Categories grouped in each major category, refer to City's Regional DBE Goal Analysisfor FFY 2000/2001, Attachment J. ** For detailed listing of all NAICs and SIC Work Codes grouped in each major category, refer to City's Regional DBE Goal Analysisfor FFY 2000/2001, Attachment II. *** Rounded to the nearest whole number. Step II: Adjustment of the Base Figure The Base Figure of 13% was not further adjusted, as each respectiye member agency within City's jurisdiction will perform this task to ensure narrow tailoring, in c0nformance with Title 49 CFR, Part 26 prescribed goal setting methodology. Therefore, the resultant Base Figure remains 13%. III. OVER<\LL ANNUAL GOAL AND PROJECTION OF RACE-NEUTRAL AND R<\CE-CONCIUS PARTICIPATION The Overall Annual ( FFY 2000/2001 ) DBE Goal for the City of San Bernardino's DOT-assisted contracts is 13%. The Overall Goal is expressed as a percentage of all DOT-assisted funds that the City of San Bernardino will expend in FHW A-assisted contracts in the forthcoming fiscal year. This goal further serves to identify the relative ayailability of DBEs based on evidence of ready, willing, and able DBEs compared to all firms known to be ayailable to compete for and 2001-09 ',<. City of San Bernardino DB E PROGRAM I APPENDIX D , perform on the City of San "Bernardino's DOT-assisted contracts. The Overall Annual Goal reflects a determination of the level of DBE participation, which would be expected absent the effects of discrimination. The City of San Bernardino projects to meet 3% of the goal utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses in conformance with new regulatory requirements. The City of San Bernardino projects to meet the remaining .lQ.%. of the goal utilizing race-conscious measures, including utilizing contract-specific numeric goals, as necessary, to achieve the overall goal. IV. PUBLIC PARTICIPATION AND FACILITATION In conformance with Public Participation Regulatory Requirements of Title49 CFR, Part 26 and Caltrans Local Assistance Procedures Manual (LAPM), this goal analysis will be offered for review by minority, women, local business chambers, and community organizations within the City of San Bernardino's geographic market area. Additionally, the City of San Bernardino will publish a Public Notice in general circulation media announcing the City's overall Annual Goal for the FFY 2000/2001 DOT-assisted contracts. Such notice will inform the public that the proposed goal and its rationale is available for inspection at the City of San Bernardino's Public Works Division, on the 3rd floor of City Hall during normal business hours for 30 days following the date of the Public Notice and that the City of San Bernardino will accept comments on the goal analysis for 45 days from the date of the Public Notice. The required public participation provisions will be fully satisfied prior to submitting the City of San Bernardino's DBE Program and Overall Annual DBE Goal to Caltrans for final review and approval. 20.01-69 'L UL3~Z City of San Bernardino DB E PROGRAM I APPENDIX D I CITY OF SAN BERNARDINO DBE GOAL ANALYSIS FOR FFY 2000/2001 IESTABLISHMENT OF THE NUMERATOR: # OF ESTABLISHED DBE FIRMS IN SAN BERNARDINO COUNTY1 CONSTRUCTION: NAICS CODE: 23411 Highway & Street Construction C 160 1 Clearing & Grubbing C1910 Grading C2000 Highway Planting C220 I Finishing Roadway C39l0 Paving Asphalt C390l Asphalt Concrete C5620 Roadside Sign C7l12 Reinforce Concrete Sewer Pipe C7l91 Sewer Manhole C8406 Painted Traffic Stripe & Marking C850l Pavement Marking C8602 Signal & Lighting C190l Roadway Excavation HIGHW A Y & STREET CONSTRUCTION NAICS CODE: 23571 Concrete Contractors C5tlO Concrete Surface Finish C5135 Concrete Block & Masonry Retaining Wall C730l Concrete Curb & Sidewalk CONCRETE CONTRACTORS PROFESSIONAL SERVICES NAlCS CODE: 54133 Engineering Services C8703 Traffic Engineer NAICS CODE 54136 Geophysical Surveying & Mapping C8760 Surveyor SIC CODE 8741 Management Services C8770 Construction Management ENGINEERING SERVICES, GEOPHYSICAL SURVEYING AND MAPPING AND MANAGEMENT SERVICES ATTACHMENT I 5.8. COUNTY ZIP CODES 917 922 923 924 935 TOTAL 4 4 12 3 3 26 3 o 3 10 3 3 6 12 2 o 48 5 o 12 2 5 o 12 2 o 4 o 3 2 6 o o 3 2 7 o 17 City of San Bernardino 20'01-59 DB E PROGRAM , ~ I I APPENDIX D CITY OF SAN BERNAR.DINO DBE GOAL ANALYSIS FOR FFY 2000/2001 I ESTABLISHMENT OF THE DENOMINATOR: I ATTACHMENT II # OF ESTABLISHED DBE FIRMS IN SAN BERNARDINO COUNTY1 CONSTRUCTION: NAICS AND SIC CODE NAICS/SIC DESCRIPTION 23411 23412 23499 23521 23593 23599 32412 HIGHWAY & STREET CONSTRUCTION BRIDGE & TUNNEL CONSTRUCTION ALL OTHER HEAVY CONSTRUCTION PAINTING & WALL COVERING CONTACTORS EXCAVATION CONTRACTORS ALL OTHER SPECIAL TRADE CONTRACTORS ASPHALT PAVING, ROOFING & SATURATED MATERIAL MANUFACTURING HIGHWAY & STREET CONSTRUCTION FERROUS METAL FOUNDRIES CONCRETE CONTRACTORS MASONRY & STONE CONTRACTORS TOTAL ESTABLISHED FIRMS 1610 33151 23571 23541 51 6 79 148 54 156 11 59 4 136 66 770 PROFESSIONAL SERVICES: NAICS AND SIC CODE NAICS/SIC DESRIPTION: 54133 ENGINEERING SERVICES 1B5 54136 GEOPHYSICAL SURVEYING & MAPPING SERVICES 3 8741 MANAGEMENT SERVICES 112 TOTAL Nut..mER OF FlRt>1S 300 I DATA SOURCE: U.S. Census Bureau: County Business Patterns, NAICS and SIC Work .... .... '- I '_"': City of San Bernardino DB E PROGIUM 312 APPENDIX E . :lOO 1-59 . '- EXAMPLE OF RESOLUTION OF THE CITY OF SAN BERNARDINO REGARDING NECESSITY OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR IDENTIFICATION AND SELECTION FOR DESIGN-BUILD CONTRACTS ( REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109 ENTITLED "Public Emergency Grounds For Change" ) RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE NECESSITY I EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR(S) IDENTIFICATION AND SELECTION AND ADOPTION OF THE PROCEDURE TO BE USED BY (insert Design-Build Contractor name) FOR SUBSEQUENT SUBCONTRACTOR(S) IDENTIFICATION AND SELECTION WHEREAS, ........ WOULD INCLUDE THE FOLLOWING: EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY FACTS CONSTITUTING THE PUBLIC NECESSITY OR EMERGENCY FINDINGS THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BEP.NARDINO AS FOL!,OWS: SECTION 1. ......... SECTION 1. WOULD INCL UDE RESOLUTION APPROVING THE NECESSITY OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR(S) IDENTIFICA TION SECTION 2. SECTION 2. WOULD INCLUDE: ADOPTION OF PROCEDURE TO BE USED BY DESIGN:BUILD CONTRACTOR FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS ..:001-69 City oJSan Bernardino DB E PROGRAM I APPENDIX E 1 RESOLUTION OF ..... APPROVING THE NECESSITY I EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR(S) IDENTIFICATION AND SELECTION AND ADOPTION OF THE PROCEDURE TO BE USED BY (insert Design-Build Contractor name) FOR SUBSEQUENT SUBCONTRACTOR(S) IDENTIFICATION AND SELECTION I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 200 I, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MC GlNNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of , 2001. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: III