HomeMy WebLinkAboutC-4816DESIGN BUILD CONTRACT
BETWEEN
CITY OF ARCADIA
AND
PACIFIC HYDROTECH CORPORATION
This Design -Build Contract ("Contract") is made and entered into this � day of
/yL LET" , 2026, by and between the by and between the CITY OF ARCADIA ("City")
and PACIFIC HYDROTECH CORPORATION (the "Design -Build Entity"), for the purpose of
designing and constructing the Peck Well Ion Exchange Adsorption Treatment System
Project (the "Project"). The City and the Design -Build Entity are herein collectively referred
to as the "Parties."
RECITALS
A. The City desires to contract with a single entity for design and construction of
the Project, as set forth in this Contract.
B. The Design -Build Entity was invited to respond to the City's Request for
Proposal ("RFP") for the Project.
C. The Design -Build Entity submitted a Proposal for the Project, which was
selected as providing the best -value for the Project, and is prepared to enter into this
Contract.
AGREEMENT
In consideration of the above recitals and the mutual covenants and conditions set forth
herein, and for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereby set forth their mutual covenants and
understandings as follows:
1. Incorporation of Recitals. The above referenced recitals are true and correct and
are incorporated into this Contract by this reference.
2. Design -Build Entity. The Design -Build Entity consists of N2W Engineering
functioning as the designer/design team for the Project and providing civil structural
engineering services, Superior Tank functioning as the subcontractor team for the Project
and providing furnishing and installation of backwash tank services, Reliance Paving
functioning as the subcontractor team for the Project and providing asphalt paving
services, and Hemet Fence functioning as the subcontractor team for the Project and
providing the furnishing and installation of the perimeter entry gate to the project facility site,
and Pacific Hydrotech Corporation as the general contractor for the project and providing
all construction services forthe Project. For purposes of this Contract, a properly authorized
representative of Design -Build Entity shall execute'the Contract on its behalf, and shall have
the full authority to make all decisions necessary on behalf of the Design -Build Entity
Notwithstanding the foregoing, the City may accept bonds provided from the member of the
24347.00600\31594114.1 - 1 - DESIGN -BUILD CONTRACT
Design -Build Entity designated for construction services, and/or professional liability
insurance from the member of the Design -Build Entity designated for design/architectural
services.
3. Incorpgration of Documents.
3.1 This Contract includes and hereby incorporates in full by reference the
following Contract Documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
o Request for Proposal ("RFP") and all exhibits, addenda, attachments and
appendices
o Design -Build Entity Proposal in response to RFP dated April 2026
o Contract
o General Conditions
o Attachment 1 to this Contract - Cost of Extra Work
o Attachment 2 to this Contract - Performance Bond
o Attachment 3 to this Contract - Payment Bond
o Attachment 4 to this Contract - Workers Compensation Certification
o Attachment 5 to this Contract - Public Works Contractor Registration
Certification
3.2 Acknowledgement_ of Contract Documents. The above documents
constitute and may hereinafter be referred to as the "Contract Documents." In addition to
signing this Contract, the Design -Build Entity shall review and execute where appropriate all
the Attachments to this Contract described above. Also, the Design -Build Entity shall initial
this paragraph immediately below acknowledging that he or she has read, understood and
agrees with all of the terms of the Contract Documents, including, but not limited to,
provisions of the General Conditions relating to indemnification, insurance, standards of
performance, termination, compensation and time of the essence performance. The
Design -Build Entity shall not disclaim knowledge of the meaning and effect of any term or
provision of the Contract Documents, and agrees to strictly abide by their meaning and
intent. In the event that the Design -Build Entity fails to initial below, the City shall have the
right to declare the Contract unexecuted and to award the Contract to another the Design -
Build Entity in accordance with California law.
Design -Build Entity's Initials
24347.00600\31594114.1 - 2 - DESIGN -BUILD CONTRACT
4. The pesj"- uAd Entity's Obligations.
4.1 Guaranteed Maximum Price, The Design -Build Entity promises and agrees, at
its own cost and expense, to furnish to the City all labor, materials, tools, equipment,
services, and incidental and customary work necessary to fully and adequately complete
the Project as described in the Contract Documents (hereinafter the "Scope of Work"), for
a Guaranteed Maximum Price ("GMP") of THREE MILLION, TWO HUNDRED FOUR
THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS ($3,204,400.00) as stated in the
Design -Build Entity's Proposal submitted in response to the RFP. Unless otherwise stated in
the Contract Documents, the GMP shall pay for all costs and expenses required to design
and construct the Project.
4.2 Extra Work. Extra Work shall have the meaning given to it in the General
Conditions. Extra Work shall be compensated at the rates set forth in Attachment 1 to this
Contract, and shall be initiated only upon written approval by the City as described in the
General Conditions.
4.3 Standard of Performance. The Design -Build Entity's performance of the work
set forth in the Contract Documents shall at all times be performed in a skillful and
competent manner, consistent with the standards generally recognized as being employed
by professionals in the same disciplines) in the State of California, and Design -Build Entity
shall be fully responsible to City for any damages or delays to the Project caused by the
Design -Build Entity as specified in the indemnification provision of this Contract. The
Design -Build Entity's performance shall at all times be in conformance with the standards
set forth in the Contract and the General Conditions.
5. Period of Performance, Liquidated Damages, and Performance Incentive.
5.1 The Design -Build Entity guarantees that it shall perform and complete altwork
necessary for Completion of the Project, as defined in the General Conditions, by the
Guaranteed Completion Date of April 30, 2027 ("GCD").
5.2 The Design -Build Entity agrees that liquidated damages will apply in the
amount of $2,500 for each and every calendar day beyond the GCD that Final Completion
of the Project has not been achieved.
6. The City's Basic Obligation. The City agrees to engage and do hereby engage the
Design -Build Entity as an independent contractor to furnish all materials and to perform all
work described in the Scope of Work for the Project according to the terms and conditions
herein contained for the GMP set forth above. Except as otherwise provided in the Contract,
the City shall pay to the Design -Build Entity, as full consideration for the satisfactory
performance by the Design -Build Entity of the services and obligations required by this
Contract, the above referenced compensation in accordance with compensation provisions
set forth in the Contract.
24347.00600\31594114.1 - 3 - DESIGN -BUILD CONTRACT
7. Representatives.
7.1 City's Representative. The City hereby designates Tiffany Lee, Interim
Principal Civil Engineer, as the person to act as its representative for the performance of
this Contract ("City's Representative"). The City's Representative shall be authorized to act
as liaison between City and the Design -Build Entity in the administration of this Contract and
all work on the Project. The City's Representative shall have the power to act on behalf of
the City for all purposes under this Contract. City may designate new and/or different
individuals to act as City's Representative from time to time upon written notice to the
Design -Build Entity.
7.2 Design -Build Entity's Representative. The Design -Build Entity hereby
designates Joselito Guintu, Vice -President, or his or her designee, to act as its
representative for the performance of this Contract ("Design -Build Entity's
Representative"). Design -Build Entity's Representative shall have full authority to represent
and act on behalf of the Design -Build Entityfor all purposes underthis Contract. The Design -
Build Entity's Representative shall supervise and direct allworkon the Project, using his best
skill and attention, and shall be responsible for all means, methods, techniques, sequences
and procedures and for the satisfactory coordination of all portions of the work pursuant to
this Contract.
8. Desion-Build Entity's Licensing. The Design -Build Entity shall have only
appropriately licensed contractors performing work on the Project as required by the
Business and Professions Code. The Design -Build Entity hereby designates Pacific
Hydrotech Corporation, License No. Class A, B, and Hazard Substance Removal,
(License No. 518355) to act as the licensed general contractor for the Project. Design -Build
Entity's general contractor shall perform all services required under the Contract
Documents in a skillful and competent manner, consistent with the standards generally
recognized as being employed by professionals qualified to perform such services in the
same discipline in the State of California, and the Design Build entity shall be fully
responsible to the City for any damages and/or delays to the Project as specified in the
indemnification provisions of the Contract. Any change in the general contractor shall be
subject to the City's prior written approval, which approval shall not be unreasonably
withheld. The new general contractor shall be of at least equal competence as the prior
general contractor. In the event that City and Design -Build Entity cannot agree as to the
substitution of a new general contractor, the City shall be entitled to terminate this Contract
as described in the General Conditions.
9. Design-Bu ldfntity's Design Professional of Record. The Design -Build Entity shall
name a specific person to act as the Design Professional of Record as described in the
General Conditions, subject to the approval of the City. The Design -Build Entity hereby
designates Jang Wang, P.E. (License No. 81123) to act as the Design Professional of Record
for the Project. Design -Build Entity's Design Professional of Record shall perform all
services required under the Contract Documents in a skillful and competent manner,
24347.00600\31594114.1 - 4 - DESIGN -BUILD CONTRACT
consistent with the standards generally recognized as being employed by professionals
qualified to perform such services in the same discipline in the State of California, and the
Design Build entity shall be fully responsible to the City for any damages and/or delays to
the Project as specified in the indemnification provisions of the Contract. Any change in the
Design Professional of Record shall be subject to the City's prior written approval, which
approval shall not be unreasonably withheld. The new Design Professional of Record shall
be of at least equal competence as the prior Design Professional of Record. In the event that
City and Design -Build Entity cannot agree as to the substitution of a new Design Professional
of Record, the City shall be entitled to terminate this Contract as described in the General
Conditions.
10. IndamnHisaUm. To the fullest extent allowed by law, Design -Build Entity agrees to
protect, save, defend and hold harmless, to the greatest extent provided by law, the City, its
governing council and each member thereof, their officers, agents and employees from any
and all claims, liabilities, reasonable expenses or damages of any nature, including
reasonable attorney's fees, for injury or death of any person, or damage to property, or
interference with the use of property arising out of the negligent acts, errors or omission, or
willful misconduct by the Design -Build Entity, the Design -Build Entity's agents, officers,
employees, sub -consultants, or independent consultants hired by the Design -Build Entity
to provide services pursuant to this Contract. The only exception to the Design -Build Entity's
responsibility to protect, save, defend and hold harmless the City, is where a claim, liability,
expense or damage occurs due to the sole negligence, willful misconduct or active
negligence of the City. This hold harmless provision shall applyto all liability, as provided for
above, regardless of whether any insurance policies are applicable. Insurance policy limits
do not act as a limitation upon the amount of the indemnification to be provided by the
Design -Build Entity. Notwithstanding the foregoing, to the extent Design -Build Entity's
Scope of Work is subject to Civil Code Section 2782.8, the above indemnity shall be limited,
to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Design -Build Entity.
Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Design -
Build Entity's indemnity obligation shall not apply to liability for damages for death or bodily
injury to persons, injury to property, or any other loss, damage or expense arising from the
sole or active negligence or willful misconduct of the City.
In claims against any person orentity indemnified underthis provision, that are made
by an employee of the Design -Build Entity or any Subcontractor, a person indirectly
employed by the Design -Build Entity or any Subcontractor, or anyone for whose acts the
Design -Build Entity or any Subcontractor may be liable, the indemnification obligation under
this provision shall not be limited by any limitation on amount or type of damages,
compensation, or benefits payable by or for Design -Build Entity or any Subcontractor under
workers' compensation acts, disability benefit acts, or other employee benefit acts or any
other insurance limitations. The indemnification obligations under this provision shall not
be limited by any assertion orfindingthat the person or entity indemnified is liable by reason
of a non -delegable duty.
24347.006=31594114.1 - 5 - DESIGN -BUILD CONTRACT
Joint and Several Liability shall apply to the Design -Build Entity. In the event the
Design -Build Entity and one or more than one other party is connected with an accident or
occurrence covered by this indemnification, then all such parties shall be jointly and
severally responsible to each of the Indemnitees for indemnification, and the ultimate
responsibility among such indemnifying parties for the loss and expense of any such
indemnification shall be resolved without jeopardy to any indemnitee listed herein.
11. The Design -Build Entity_'s La_b_Qr Certification. The Design -Build Entity maintains
that it is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with
such provisions before commencing the performance of all work described in the Scope of
Work for the Project. A certification form for this purpose is Attachment 4 to this Contract
and incorporated herein by reference, and shall be executed simultaneously with this
Contract.
12. Contractor and Subcontractor Registration. Pursuant to Labor Code sections
1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid
proposal, or enter into a contract to perform public work must be registered with the
Department of Industrial Relations. No bid will be accepted nor any contract entered into
without proof of the contractor's and subcontractors' current registration with the
Department of Industrial Relations to perform public work. Design -Build Entity is directed
to review, fill out and execute the Public Works Contractor Registration Certification
attached hereto as Attachment " Y prior to contract execution.
13. Successors. The parties do for themselves, their heirs, executors, administrators,
successors, and assigns agree to the full performance of all of the provisions contained in
this Contract. The Design -Build Entity may not either voluntarily or by action of law, assign
any obligation assumed by the Design -Build Entity hereunder without the prior written
consent of the City.
14. Notices All notices hereunder and communications regarding interpretation of the
terms of the Contract or changes thereto shall be provided by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid and addressed as
follows:
To City..
City of Arcadia
11800 Goldring Road
P.O. Box 60021
Arcadia, CA 91066-6021
Attn: Tiffany Lee, Interim
Principal Civil Engineer
To Design -Build Entity:
Pacific Hydrotech Corporation
30590 Cochise Circle
Murrieta, CA 92563
Attn: Joselito Guintu, Vice -
President
24347.00600\31594114.1 - 6 - DESIGN -BUILD CONTRACT
Any notice so given shall be considered received by the other party three (3) days after
deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above
address. Actual notice shall be deemed adequate notice on the date actual notice occurred,
regardless of the method of service.
15. Attachments. All Attachments referenced in this Contract are incorporated into the
Contract by this reference.
16. Amendments. Changes and Modifications. This Contract may not be amended,
changed, modified, altered or terminated without the written agreement of both Parties
hereto.
17. Execution in Counterparts. This Contract may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
18. Applicable Law. This Contract shall be governed by and construed in accordance
with the laws of the State of California, and venue in the County of Los Angeles.
19. Captions. The captions or headings in this Contract are for convenience only and in
no way define, limit or describe the scope or intent of any provisions or Sections of this
Contract.
20. Prior greements. This Contract contains all of the agreements of the Parties hereto
with respect to any matter covered or mentioned in this Contract and no prior agreements
or understanding pertaining to any such matter shall be effective for any purpose.
21. Further Assurances. Parties shall promptly execute and deliver all documents and
instruments reasonably requested to give effect to the provisions of this Contract.
22. Recitals Incorporate . The Recitals set forth at the beginning of this Contract are
hereby incorporated into its terms and provisions by this reference.
23. Time of the Essence. Time is of the essence with respect to each of the terms,
covenants, and conditions of this Contract.
24. Authority of Sign atQrjes. The persons executing this Contract on behalf of their
respective Parties represent and warrant that they have the authority to do so under law and
from their respective Parties.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their
respective officers who are duty authorized, as of the Effective Date set forth above.
SIGNATURES ON NEXT PAGE
24347.00600\31594114.1 - 7 - DESIGN -BUILD CONTRACT
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their
respective officers who are duly authorized, as of the Effective Date set forth above.
CITY OF ARCADIA
r
1
Dominic Lazzaretto
City Manager
ATTEST:
City Clerk
APPROVED AS O FORM.
MichaeT J. Maurer
City Attorney
PACIFIC HYDROTECH
CORPORATION
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No \-kAtiPN
Print Name
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Title
Signature
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Print Name
07
Title
CONCUR:
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Paul Cranmer
Public Works Services Director
24347.00600\31594114.1 - 8 - DESIGN -BUILD CONTRACT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .,
Ct_a.�.rEir^c .�.�•�.�.��!�t�r.�..r.�c�w,,�...�. sue[ �.ic�..ara�• �• ..ems• a..a..�c.ae ...�. e,a..a.!�..:�e.-.�. -�• �.�• �..-.�c.�e.n.. s�..�.�•.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On June 26, 2026 before me, Nikelle Franklin, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Sean Hams and Christopher Hams _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that ht/sate/they executed the same in
his/her/their authorized capacity(ies), and that by his/har/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
NtKELIE FRANKUN
Notary Public - California
Riverside County
40my
Commission # 25406116
Comm. Expires Jan 4, 2030
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
/VA m K dLkr&
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Design Build Contract Document Date
Number of Pages: 8 Signer(s) Other Than Named Above: - _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Sean Hams
❑✓ Corporate Officer — Title(s): Prociriant
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Pacific Hydrotech Corporation
June 26, 2026
Signer's Name: Christopher Hams
✓❑ Corporate Officer — Title(s): vice President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Pgcific H drotech Corporation
ATTACHMENT 1
HOURLY RATE SCHEDULE FOR EXTRA WORK
NOT APPLICABLE.
24347.00600\31594114.1 - 9 - HOURLY RATE SCHEDULE
FOR EXTRA WORK
EXECUTED IN TRIPLICATE
ATTACHMENT 2
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
Bond Number: 024294569
THAT WHEREAS, the City of Arcadia, (hereinafter referred to as "City") has awarded to
Pacific Hydrotech Corporation, (hereinafter referred to as the "Contractor") an agreement
for Peck Well Ion Exchange (IX) Adsorption Treatment System Project, Contract No.
uA(p (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated %bi ��, (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated
herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Pacific Hydrotech Corporation, the undersigned Contractor and
Liberty Mutual Insurance Company _ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of THREE MILLION, TWO HUNDRED FOUR
THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS ($3,204,400.00), said sum being
not less than one hundred percent (100%) of the total amount of the Contract, for which
amount well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and agreements in the
Contract Documents and any alteration thereof made as therein provided, on its part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their intent and meaning; and shall faithfully fulfill all obligations including the
one (1) year guarantee of all materials and workmanship; and shall indemnify and save
harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated
in said Contract Documents, then this obligation shall become null and void; otherwise it
shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefore, there shalt be included costs and reasonable expenses and fees including
reasonable attorney's fees, incurred by City in enforcing such obligation.
24347.00600%31594114.1 - 10 - PERFORMANCE BOND
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for
a period of one (1) year after the acceptance of the work by City, during which time if
Contractor shalt fail to make full, complete, and satisfactory repair and replacements and
totally protect the City from loss or damage resulting from or caused by defective materials
or faulty workmanship. The obligations of Surety hereunder shall continue so long as any
obligation of Contractor remains. Nothing herein shall limit the City's rights or the
Contractor or Surety's obligations under the Contract, law or equity, including, but not
Limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by Surety
of the lowest responsive and responsible bidder, arrange for a Contract
between such bidder, the Surety and the City, and make available as work
progresses sufficient funds to pay the cost of completion of the Project, less
the balance of the contract price, including other costs and damages for
which Surety may be liable. The term "balance of the contract price" as used
in this paragraph shall mean the total amount payable to Contractor by the
City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant
to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to pay
the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shalt mean the total
amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may
be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in
24347.0060ON31594114.1 -11 - PERFORMANCE BOND
default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in anyway affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract Documents or to the Project.
By their signatures hereunder, Surety and Contractor hereby confirm under penalty of
perjury that surety is an admitted surety insurer authorized to do business in the State of
California.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
24347.0060M81594114.1 -12 - PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our ha-nds and seals this 30th day of
June , 2026.
(Corporate Seal)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Pacific Hydrotech Corporation
Contractor/ Principal
Title lY� ] 1012� Cif
Liberty Mutual Insuonpe Company
Surety
By
n-Fact
Title Lawrence-F. McMahon, Attorney -in -Fact
$12.24 / $7.40
The rate of premium on this bond is $5.87 per thousand. The total amount of
premium charges is $ 25,055.00 . Subject to adjustment based on final
(The above must be filled in by corporate attorney.) contract price.
Any claims under this bond may be addressed to:
(Name and Address of Surety) Liberty Mutual Insurance Company
790 The City Drive South, Suite 200
Orange, CA 92868
(Name and Address of Agent or Same as above
Representative for service of
process in California, if different
from above)
(Telephone number of Surety Surety: (714) 634-5722 / Agent: (619) 238-1828
and Agent or Representative for
service of process in California)
24347.00600 31594114.1 - 13 - PERFORMANCE BOND
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of _ Riverside _ )
On July 2. 2026 before me, Nikelle Franklin, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared _ _
June Diaz
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(N) is/airs
subscribed to the within instrument and acknowledged to me that It/she/they executed the same in
his/her/their authorized capacity(iee), and that by his/her/their signature(i) on the instrument the person(sr),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
NncELLE FRANK' LIN WITNESS my hand and official seal.
ai Notary public - California Z
u m Riverside County t` "
Commission # 2540686 Signature .
My Comm, Expires Jan 4, 2030
_��■,y,ru,.i Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Performance Bond Document Date:
Number of Pages: 3 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: June Diaz
❑v Corporate Officer — Title(s): LFD
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Pacific Hydrotech Corporation
Jul, 2 2026
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: _
L:C✓.4C✓.4�✓.4"✓4�.4�✓4�.4�.-✓K✓K✓'+��5�y.G<✓ti 4�3:1i`�,4t✓.:�:ti.4t.4C✓.4�✓:�.:�✓:✓6�.4��4�.4�.`.�.4�.4�.4�. .4-✓4'✓4✓4�:.4-✓ 4�✓4� 4�✓4<✓4<✓4
1 • • • • • • • • i • 1 • � • • • • i
ALL-PURPOSEZALIFORNIA • •.
Cc a .C.�:.:�C
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Diego )
On June 30, 2026 before me, Maria Guise, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Lawrence F. McMahon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
• MARIA GUISE
l I2
Signature"
Commission # 2444156
Notary Public - Caldornia
i
Signature of Notary Public
SAN DIEGO County
My Comm, Expires APR 14, 2027
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual N Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Surety Company
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
ai
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Libert
�yt POWER OF ATTORNEY
Mutual Liberty Mutual Insurance Company Certificate No: 8213991-02ao19
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Christopher
Conte, Dale G. Harshaw, Geoffrey Shelton, John R- Qualin, Lawrence F. McMahon, Lilia De Loera, Maria Hallmark, Minna Huovila, Natassia Kirk- Smith, Ryan
Warnock, Sarah Myers, Tara Bacon
all of the city of San Diego state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of Ma+ , 2025
Liberty Mutual Insurance Company
INSIJ'b The Ohio Casualty Insurance
JP c N 2a�L JQV11 °aPOR,&'eq mpany
West American Insurance Companyo
J 2 o cN vQ 3 o T. o to ,�/
Y;1912 c o a1919�o s 1991 a �itf/'-
aS E
rdp1�'y4CNt5`'� aa3 y0� kANPsa`,aa3 By:
•a) U
Nathan J. Zangede, Assistant Secretary w
State of PENNSYLVAN►A
County of MONTGOMERY ss o E
On this 6th day of Ma 2025 before me personally appeared Nathan J. Zangede, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o�
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >
Wl
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
yP PgSI a S
. AAN,ONW F� Commonwealth of Pennsylvania - Notary Seal 9i
Teresa Pastella, Notary Public /L' �4 N •�
Montgomery County
Q„�./ E
OF My commission expires March 28, 2029 B dye. O
e Commission number 1126044 y
'r4'SyL�p C+ i Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public <t o
Arty' O �
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 0040
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a M
ARTICLE IV — OFFICERS: Section 12. Power of Attorney. � °D
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman of the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -a cO
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Cr—)(OD
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the m
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority,LL Q
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, +
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, 4
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as finding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such
attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of June 2026
INS gJP0�onPo% zL .GPI° Po%��'[+
J3 Foci �Qi �oC,rn r Fot�
f 1912 0 1919 „ g 1991 �!�
�,� s�ACHuB as &S a�a rs� No,ANP��a Renee C. Llewellyn, Assistant Secretary
�&I
LMS-12873 LMIC OCIC WAIC Multi Co 02124
EXECUTED IN TRIPLICATE
Bond Number: 024294569
Premium included in Performance Bond
ATTACHMENT 3
PAYMENT BOND
KNOW ALL MEN BYTHESE PRESENTS That
WHEREAS, the City of Arcadia (hereinafter designated as the "City"), by action taken or a
resolution passed June 16, 2026, has awarded to Pacific Hydrotech Corporation
hereinafter designated asthe "Principal," a contract for the work described asfollow :Peck
Well Ion Exchange (IX) Adsorption Treatment System Project, Contract No.
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the
performance of the work contracted to be done, or for any work or labor done thereon of any
kind, or for amounts due under the Unemployment Insurance Code or for any amounts
required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Principal and its Subcontractors with
respect to such work or tabor the Surety on this bond will pay for the same to the extent
hereinafter set forth.
NOW TH EREFORE, we, the Principal and Liberty Mutual Insurance Companyas Surety, are held and
firmly bound unto the City in the penal sum of THREE MILLION, TWO HUNDRED FOUR
THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS ($3,204,400.00) lawful money of
the United States of America, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shallfail to payany
of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be
done, or for any work or tabor thereon of any kind, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any
amounts required to be deducted, withheld, and paid over to the Employment Development
Department or Franchise Tax Board from the wages of employees of the contractor and his
subcontractors pursuantto Revenue and Taxation Code Section 18663, with respect to such
work and labor the Surety or Sureties will pay for the same, in an amount not exceedingthe
sum herein above specified, and also, in case suit is brought upon this bond, all litigation
expenses incurred bythe City in such suit, including reasonable attorneys' fees, court costs,
expert witness fees and investigation expenses.
24347.0060M31594114.1 -14 - PAYMENT (MATERIAL & LABOR) BOND
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100
so as to give a right of action to such persons or their assigns in any suit brought upon this
bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated
or released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of
labor, materials, or equipment therefore, nor by any change or modification of any terms
of payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond,
nor by any fraud practiced by any person other than the claimant seekingto recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released
from liability to those for whose benefit such bond has been given, by reason of any
breach of contract between the owner or City and original contractor or on the part of any
obligee named in such bond, but the sole conditions of recovery shall be that claimant is a
person described in Civil Code Section 9100, and has not been paid the full amount of his
claim and that Surety does hereby waive notice of any such change, extension of time,
addition, alteration or modification herein mentioned, including but not limited to the
provisions of sections 2819 and 2845 of the California Civil Code.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury
that surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 30th day of
June , 2026.
(Corporate Seat)
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Pacific Hydrotech Corpo
Contractor/ Principal
By 1�
Title _lot '/I NZ, —
Liberty Mutual I
Surety
By
Company
n-Fact
Title Lawrence F. McMahon, Attornev-in-Fact
24347.00600131694114.1 -15- PAYMENT (MATERIAL & LABOR) BOND
CALIFORNIA• • • •
C. �C�C� ..�C�C-.v�'t.�.�•�t.^S�C.a .:�ts�C�C�C.a•�C�t�•.:�C aC �C.a �C�� �t.:�t�L-.�C_s�.Y-�e�C.^ . t�t.aC aC�•.aC�C�t�.�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On July 2, 2026 before me, Nikelle Franklin, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared June Diaz
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person($ whose name(s) is/ewe
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
has/her/their authorized capacity(ies), and that by his/her/their signature(i) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
NO°rye NXELLEFRANKLIN WITNESS my hand and official seal.
*
Notary Public - California
W Riverside County
ComSignature L� �,� + � 'u
missl m # 2MB6 II LE
_ � .i'_ L �
'UFpRrMy Comm. Expires Jan 4, 2030
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Payment Bond Document Date: July 2. 2026
Number of Pages: 2 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: June Diaz
❑✓ Corporate Officer — Title(s): r:Fn
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Pacific Hydrotech Corporation
Signer's Name: — _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On June 30, 2026
Date
personally appeared ..
before me, Maria Guise. Notary Public
Here Insert Name and Title of the Officer
Lawrence F. McMahon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
MARIA GUISE
Q Commission # 2444156 .
Notary Public - Catdornia
SAN DIEGO County
My Comm. Expires APR 14, 2027
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature IR ";, ,
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual Z Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Surety Company
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
• • • • • • • • i10 Lei rg- i • • i
Liberty POWER OF ATTORNEY
mutug. Liberty Mutual Insurance Company Certificate No: 8213991 - 024019
SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Christopher
Conte, Dale G. Harshaw, Geoffreti Shelton, John R. Qualin, Lawrence F. McMahon, Lilia De Loera, Maria Hallmark, Minna Huovila, Natassia Kirk- Smith, Ryan
Warnock, Sarah Myers, Tara Bacon
all of the city of San Dfeco state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 6th day of Ma% , 2025 .
Liberty Mutual Insurance Company
oP aR °su� JP'sv oNsr, P� aNS°U&I The Ohio Casualty Insurance Company
r° '�r� c+m r; 2�oR° P4rF m �°o �o -0 West American Insurance Company
ui �$1912y0 oz1919 �'o s 1991 0
.N �d�ssACHUs" ab3' y03 HA MP`+�,aD� Ys yN°iANp' da / -
m By
r`v State of PENNSYLVANIA ss Nathan J. Zangerle, Assistant Secretary
3 County of MONTGOMERY
.� On this 6th day of Ma. 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
W Company, The Ohio Casugty, Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
a� m
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
O 9N PAST
,014 F� Commonwealth of Pennsylvania - Notary Seal
Q °° �C= p Teresa Pastella,Montgomery
Notary Public
+-� � Montgomery County
6 +� of My commission expires March 28, 2029 By P4Z44i
Commission number 1126044
+-• ��s. MsvCVP ,(� i Member, Pennsylvania Association of Notaries eresa Pastella, Notary Public
x/fFrf
- a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
5 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV -OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
C any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such
attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and
other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same.foroe and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of June 2026
v 1NSU 01 INS& 1NSU/P
�JPu°M°��yC+ yJPGoµPoggr gq� `VP� aPo� qy
g ea m �� g mo m Uf
1912 0 o y 1919 o 1991 0 "
d- SBACHU`� as yO XAMP5�4 a d �4oraNP b By.
* �aa Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 02/24
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ATTACHMENT 4
WORKERS COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liabilityto pay compensation in one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to
self -insure, which may be given upon furnishing proof satisfactory to the Director of
Industrial Relations of ability to self -insure and to pay any compensation that may become
due to his employees.
I am aware of the provisions of section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
PACIFIC HYDROTECH CORPORATION:
BY: _ S V� P*#,J
TITLE: Pts
DATE: �� 7
In accordance with Article 5 (commencing at section 1860), chapter 1, part 7, division 2 of
the Labor Code, the above certificate must be signed and filed with the awarding body prior
to performing any work under this contract.
24347.006=31594114.1 - 16 - WORKERS COMPENSATION
CERTIFICATION
ATTACHMENT 5
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors
that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work
must be registered with the Department of Industrial Relations. See
http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department of Industrial Relations to perform
public work.
Design -Build Entity hereby certifies that it is aware of the registration requirements set forth
in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with
the Department of Industrial Relations.'
Name of Design -Build Entity :ya* hdaw b1 do oo
DIR Registration Number: 000002491
DIR Registration Expiration: (V�3CiI2aq
Small Project Exemption: Yes or / No
Unless Design -Build Entity is exempt pursuant to the small project exemption, Design -Build
Entity further acknowledges:
• Design -Build Entity shall maintain a current DIR registration for the duration of the
project.
• Design -Build Entity shall include the requirements of Labor Code sections 1725.5
and 1771.1 in its contract with subcontractors and ensure that all subcontractors are
registered at the time of bid opening and maintain registration status for the duration
of the project.
Failure to submit this form or comply with any of the above requirements may result
in a finding that the bid is non -responsive.
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under
Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption."
24347.00600\31594114.1 - 17 - PUBLIC WORKS CONTRACTOR
REGISTRATION CERTIFICATION
Name of Design -Build Entity i 0 iG hd(w(V) co p rODA
Signature
Name and Title S & kk) rk-03 1 P (L�
Dated (b1z-1.1.- -L
24347.00600\31594114.1 - 18 - PUBLIC WORKS CONTRACTOR
REGISTRATION CERTIFICATION
GENERAL CONDITIONS
DESIGN BUILD CONTRACT
BETWEEN
CITY OF ARCADIA
AND
PACIFIC HYDROTECH CORPORATION
ARTICLE 1:
GENERAL PROVISIONS...................................................................... 1
1.1
BASIC DEFINITIONS................................................................................ 1
1.2
OWNERSHIP AND USE OF CONSTRUCTION DOCUMENTS ........................ 4
1.3
INTERPRETATION OF DOCUMENTS AND ORDER OF PRECEDENCE ........... 5
ARTICLE 2:
CITY'S RIGHTS AND RESPONSIBILITIES............................................... 7
2.1
FEE AND PERMIT REQUIREMENTS...........................................................
7
2.2
ACCESS TO PROJECT SITE.......................................................................
7
2.3
THE CITY'S RIGHT TO STOP WORK ON THE PROJECT ................................
7
2.4
THE CITY'S RIGHT TO CARRY OUTWORK ON THE PROJECT .......................
8
2.5
THE CITY'S RIGHT TO REPLACE THE CITY'S REPRESENTATIVE ...................
8
2.6
PARTIAL OCCUPANCY OR USE................................................................
8
2.7
INFORMATION PROVIDED BY CITY...........................................................
9
ARTICLE 3:
DESIGN BUILD ENTITY'S RIGHTS AND RESPONSIBILITIES ....................
9
3.1
DESIGN BUILD ENTITY'S RESPONSIBILITY; INDEPENDENT
CONTRACTOR........................................................................................
9
3.2
REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS;
SINGLE POINT RESPONSIBILITY OF THE DESIGN BUILD ENTITY .................
9
3.3
DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES..................10
3.4
LABOR AND MATERIALS.........................................................................11
3.5
DESIGN BUILD ENTITY'S WARRANTY......................................................12
3.6
TAXES...................................................................................................12
3.7
PERMITS, FEES, AND NOTICES...............................................................12
3.8
APPLICABLE CODE REQUIREMENTS.......................................................12
3.9
SUPERINTENDENT.................................................................................13
3.10
PROJECT STAFFING...............................................................................13
3.11
TOXIC MATERIALS.................................................................................14
24347.00600\31594337.2 i GENERAL CONDITIONS
3.12 HAZARDOUS MATERIALS.......................................................................14
3.13 COMPLIANCE WITH STATE STORM WATER PERMIT FOR
CONSTRUCTION...................................................................................15
3.14 CONSTRUCTION DOCUMENTS..............................................................15
3.15 MONTHLY REPORT................................................................................17
3.16 OTHER REPORTS...................................................................................18
3.17 NOTICES OF LABOR DISPUTE.................................................................18
3.18
GUARANTEE..........................................................................................18
3.19
WARRANTY...........................................................................................19
3.20
SCHEDULES REQUIRED OFTHE DESIGN BUILD ENTITY ...........................19
3.21
AS BUILT DOCUMENTS..........................................................................21
3.22
DOCUMENTS AND SAMPLES AT PROJECT SITE........................................21
3.23
SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES................................21
3.24
USE OF SITE AND CLEAN UP..................................................................23
3.25
CUTTING, FITTING, AND PATCHING........................................................23
3.26
ACCESS TO WORK.................................................................................24
3.27
ROYALTIES AND PATENTS......................................................................24
3.28
CONCEALED OR UNKNOWN CONDITIONS.............................................24
3.29
LIABILITY FOR AND REPAIR OF DAMAGED WORK....................................25
3.30
INDEMNIFICATION................................................................................25
ARTICLE4:
ADMINISTRATION OFTHE CONTRACT ...............................................25
4.1
ADMINISTRATION OFTHE CONTRACT BYTHE CITY'S
REPRESENTATIVE..................................................................................25
4.2
THE DESIGN BUILD ENTITY CHANGE ORDER REQUESTS ..........................27
4.3
CLAIMS.................................................................................................28
4.4
ASSERTION OF CLAIMS..........................................................................29
4.5
DECISION OF THE CITY'S REPRESENTATIVE ON CLAIMS ..........................29
4.6
RESOLUTION OF CLAIMS.......................................................................29
4.7
NO WAIVER...........................................................................................34
ARTICLE 5:
SUBCONTRACTORS.........................................................................34
5.1
AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR
PORTIONS OF THE WORK......................................................................34
24347.00600\31594337.2 ii GENERAL CONDITIONS
5.2
SUBCONTRACTOR RELATIONS...............................................................35
ARTICLE 6:
CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS .........
36
6.1
THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS.........................................................................36
6.2
MUTUAL RESPONSIBILITY......................................................................36
ARTICLE 7:
CHANGES IN THE SCOPE OF WORK..................................................37
7.1
CHANGES.............................................................................................37
7.2
DEFINITIONS.........................................................................................37
7.3
CHANGE ORDER PROCEDURES.............................................................38
7.4
FIELD ORDERS......................................................................................41
7.5
VARIATION IN QUANTITY OF UNIT PRICE WORK......................................41
7.6
NO WAIVER...........................................................................................42
ARTICLE 8:
CONTRACTTIME..............................................................................42
8.1
COMMENCEMENT OF WORK ON THE PROJECT.......................................42
8.2
PROGRESS AND COMPLETION...............................................................42
8.3
DELAY...................................................................................................43
8.4
ADJUSTMENT OF THE CONTRACT TIME FOR EXCUSABLE DELAY..............43
8.5
COMPENSATION FOR EXTRA WORK DUE TO EXCUSABLE DELAY..............45
8.6
NO WAIVER...........................................................................................46
ARTICLE 9:
PAYMENTS AND COMPLETION..........................................................46
9.1
COST BREAKDOWN/SCHEDULE OF VALUES...........................................46
9.2
PROGRESS PAYMENT............................................................................47
9.3
APPLICATION FOR PAYMENT..................................................................47
9.4
APPROVAL OF CERTIFICATE FOR PAYMENT BY CITY................................48
9.5
DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF
RETENTION INTO ESCROW....................................................................50
9.6
[RESERVED.].........................................................................................51
9.7
[RESERVED.].........................................................................................51
9.8
FINAL COMPLETION AND FINAL PAYMENT..............................................51
ARTICLE 10:
PROTECTION OF PERSONS AND PROPERTY......................................52
10.1
SAFETY PRECAUTIONS AND PROGRAMS................................................52
10.2
SAFETY OF PERSONS AND PROPERTY....................................................52
24347.00600\31594337.2 III GENERAL CONDITIONS
10.3 EMERGENCIES......................................................................................52
ARTICLE11: INSURANCE.....................................................................................53
11.1 THE DESIGN BUILD ENTITY'S INSURANCE...............................................53
ARTICLE 12: UNCOVERING AND CORRECTION OF CONSTRUCTION WORK ...........56
12.1 UNCOVERING OF WORK ON THE PROJECT.............................................56
12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR
PERIOD.................................................................................................56
ARTICLE 13: TERMINATION OR SUSPENSION OF THE CONTRACT ..........................57
13.1 TERMINATION BYTHE CITY FOR CAUSE..................................................57
13.2 SUSPENSION BYTHE CITY FOR CONVENIENCE......................................58
13.3 TERMINATION BYTHE CITY FOR CONVENIENCE.....................................59
ARTICLE 14: STATUTORY REQUIREMENTS............................................................60
14.1 NONDISCRIMINATION/EQUAL OPPORTUNITY EMPLOYMENT ..................60
14.2 HOURS OF WORK..................................................................................61
14.3 PAYROLL RECORDS; WAGE RATES, CONTRACTOR REGISTRATION;
LABOR COMPLIANCE AND STOP ORDERS..............................................62
14.4 APPRENTICES.......................................................................................64
14.5 THIRD -PARTY CLAIMS (Pub....................................................................64
14.6 ANTI-TRUST CLAIM ASSIGNMENT (Pub....................................................64
14.7 STORMWATER POLLUTION PREVENTION PLAN.......................................65
ARTICLE 15: MISCELLANEOUS PROVISIONS.........................................................66
15.1
IMMIGRATION reform and control act
.....................................................66
15.2
GOVERNING LAW..................................................................................67
15.3
SUCCESSORS AND ASSIGNS.................................................................67
15.4
RIGHTS AND REMEDIES.........................................................................67
15.5
SURVIVAL..............................................................................................67
15.6
COMPLETE CONTRACT..........................................................................67
15.7
SEVERABILITY OF PROVISIONS...............................................................68
15.8
THE CITY'S RIGHT TO AUDIT ...................................................................68
15.9
NOTICES...............................................................................................68
15.10
TIME OFTHE ESSENCE..........................................................................68
15.11
STATUTORY LIMITATION.........................................................................68
24347.00600\31594337.2 IV
GENERAL CONDITIONS
15.12 CORRECTION OF ERRORS AND OMISSIONS...........................................68
15.13 INTERPRETATION..................................................................................68
24347.00600\31594337.2 v GENERAL CONDITIONS
ARTICLE 1: GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 ACT OF GOD. The term "Act of God" shall include earthquakes in
excess of a magnitude of 3.5 on the Richter Scale, tidal waves, floods, unusually severe
weather, epidemic, or other severe natural disaster.
1.1.2 CEQA. The term "CEQA" means the California Environmental Quality
Act, Public Resources Code Section 21000 et seq. All CEQA compliance documentation
prepared for the Project shall be provided to the Design -Build Entity.
1.1.3 CITY. The term "City" shall mean the City of Arcadia.
1.1.4 CITY'S REPRESENTATIVE. The term "The City's Representative" means
the person or firm identified as the City's primary contact person as designated in the
Contract.
1.1.5 CONSTRUCTION DOCUMENTS. The term "Construction Documents"
shall mean the plans and specifications prepared by the Design -Build Entity for the Project,
approved by the City. The Construction Documents shall set forth in detail all items
necessary to complete the construction (other than such details customarily provided by
others during construction) of the Project in accordance with the Contract Documents
(subject to their completion following commencement of the Construction Phase). All
amendments and modifications to the Plans and Specifications must be approved by the
City in writing.
1.1.6 CONSTRUCTION DOCUMENTS PHASE. The term "Construction
Documents Phase" shall mean the second of three phases of the Scope of Work and will
commence with the issuance of the City's written approval of the Schematic Design Phase
services.
1.1.7 CONSTRUCTION PHASE. The term "Construction Phase" shall mean
the third phase of the Scope of Work and will commence upon final written approval of the
plans and specifications by the City.
1.1.8 CONSTRUCTION WORK. The term "Construction Work" shall mean
that portion of the work on the Project consisting of the provision of labor, materials,
furnishings, equipment and services in connection with the construction of the Project as
set forth in the Contract Documents.
1.1.9 CONTRACT. The term "Contract" means the written agreement
between the Design -Build Entity and the City set forth in the Contract Documents.
1.1.10 CONTRACT DOCUMENTS. The "Contract Documents" consist of the
documents as stated in the Contract.
24347.00600\31594337.2 1 GENERAL CONDITIONS
1.1.11 CRITERIA DOCUMENTS. The term "Criteria Documents" means, but is
not limited to, the portions of the Contract Documents the City's written outline of design
requirements, Scope of Work, Project Program, Performance Specifications and schematic
drawings.
1.1.12 CONTRACT PRICE. The Term "Contract Price" shall mean the lump
sum price the City will pay for the completion of all work on the Project as set forth in the
Contract.
1.1.13 CONTRACT TIME. The term "Contract Time" shall mean the date(s) by
which the Design -Build Entity agrees that all work on the Project, or specified portions of the
work, shall be completed as set forth in the Contract.
1.1.14 DAY. The term "day," shall mean calendar day, unless otherwise
specifically provided.
1.1.15 DESIGN BUILD ENTITY. The term "the Design -Build Entity" means the
person or firm identified as such in the Contract and is referred to throughout the Contract
Documents as if singular in number.
1.1.16 DESIGN BUILD ENTITY REPRESENTATIVE. The Design -Build Entity
Representative shall mean the person identified as the primary contact person and
representative of the Design -Build Entity as designated in the Contract.
1.1.17 DESIGN MATERIALS. The term "Design Materials" shall mean any and
all documents, shop drawings, electronic information, including computer programs and
computer generated materials, data, plans, drawings, sketches, illustrations,
specifications, descriptions, models and other information developed, prepared, furnished,
delivered or required to be delivered by, or for, the Design -Build Entity: (1) to the City under
the Contract Documents or; (2) developed or prepared by or for the Design -Build Entity
specifically to discharge its duties under the Contract Documents.
1.1.18 DESIGN PROFESSIONAL OF RECORD. The term "Design Professional
of Record" means the architectural and/or engineering professional identified in the Design -
Build Entity's Proposal that is properly qualified and licensed in the State of California and
is part of the Design -Build Entity..
1.1.19 DESIGN WORK. The term "Design Work" shall mean the portion of the
work on the Project consisting of the Design services and design deliverables required to be
provided in connection with the Design of the Project as set forth in the Contract
Documents.
1.1.20 DRAWINGS. The term "Drawings" means the graphic and pictorial
portions of the Contract Documents showing the design, location, and dimensions of the
work to be done on the Project, generally including plans, elevations, sections, details,
24347.00600\31594337.2 2 GENERAL CONDITIONS
schedules, and diagrams prepared as part of the Design Materials. The Drawings are listed
in the List of Drawings.
1.1.21 EXCUSABLE DELAY. The term "Excusable Delay" means a delay that
meets the requirements of Articles 7 and 8 of these General Conditions, and may entitle the
Design -Build Entity to an adjustment of the Contract Time and/or an adjustment to the
Contract Price, as specified in Articles 7 and 8 herein.
1.1.22 FINAL COMPLETION. The term "Final Completion" means the point at
which the work on the Project has been fully completed in accordance with the Contract
Documents as determined by the City's Representative pursuant to Paragraph 9.8, Final
Completion and Final Payment, of the General Conditions.
1.1.23 GOVERNMENTAL APPROVALS. Term "Governmental Approvals"
means those governmental (including agency) actions required to be obtained by the City
and necessary for the completion of the Project.
1.1.24 MASTER PROJECT SCHEDULE. The term "Master Project Schedule"
shall mean the overall schedule for completion of Project as prepared by the City and
included in the RFP.
1.1.25 NOTICE(S) TO PROCEED. The term "Notice to Proceed" shall mean the
written notice(s) given bythe Cityto the Design -Build Entity advisingthat the Site is available
to the Design -Build Entity and directing the Design -Build Entity to commence work on the
Project. The City shall issue two separate Notices to Proceed to the Design -Build Entity. The
first Notice to Proceed will be issued for the Design -Build Entity to proceed with the design
of the Project. The City shall issue a second Notice to Proceed for the construction work on
the Project upon the City's review and approval of the Construction Documents prepared by
the Design -Build Entity.
1.1.26 OWNER. The term "Owner" shall mean the City.
1.1.27 PROJECT. The term "Project" means the total design and construction
of which the work performed under the Contract Documents may be the whole, or a part,
and which may include separate design or construction work performed by the City or by
Separate Contractors.
1.1.28 PROPOSAL. The term "Proposal" means the proposal submitted by the
Design -Build Entity in response to the Request for Proposal for this Project.
1.1.29 REQUEST FOR PROPOSAL. The term "Request for Proposal" also
referred to as the "RFP" herein, means the request for proposal issued by the City for
PROJECT and includes all documents, exhibits, attachments, and addenda thereto.
24347.00600\31594337.2 3 GENERAL CONDITIONS
1.1.30 SCHEMATIC DESIGN PHASE. The term "Schematic Design Phase"
shall mean the first of three phases of the Scope of Work. The scope of the Schematic Design
Phase is further defined in the RFP.
1.1.31 SCOPE OF WORK. The term "Scope of Work" shall mean all the all
labor, materials, and services required to be performed or provided by the Design -Build
Entity pursuant to the Contract Documents necessary to design, construct, and complete
the Project.
1.1.32 SPECIFICATIONS. The term "Specifications" means that portion of the
Contract Documents consisting of the written requirements for materials, equipment,
construction systems, standards and workmanship for the work on the Project, and
performance of related services.
1.1.33 SUBCONTRACTOR. The term "Subcontractor" means any person or
firm that has a contract with the Design -Build Entity or with a Subcontractor of the Design -
Build Entity to perform a portion of the Project. Unless otherwise specifically provided, the
term Subcontractor includes Subcontractors of all tiers.
1.1.34 SUPERINTENDENT. The term "Superintendent" means the person
designated by the Design -Build Entity to represent the Design -Build Entity at the Project site,
in accordance with Article 3.
1.1.35 UNEXCUSABLE DELAY. The term "Unexcusable Delay" means any
delay other than an Excusable Delay, as described in Articles 7 and 8 of these General
Conditions, that does not entitle the Design -Build Entity to an adjustment of the Contract
Price and does not entitle the Design -Build Entity to an adjustment of the Contract Time..
1.2 OWNERSHIP AND USE OF CONSTRUCTION DOCUMENTS
The Construction Documents, and all copies thereof, furnished to, or provided by,
the Design -Build Entity are the property of the City. The City and the Design -Build Entity
explicitly agree that all materials and documents developed in the performance of this
Contract are the property of the City. The City shall have unlimited rights, for the benefit of
the City, in all drawings, designs, specifications, notes and any other documentation and
otherwork developed in the performance of this Contract forthe Project, includingthe right
to reuse details of the Design on any other City work at no additional cost to the City. The
Design -Build Entity agrees to, and hereby does, grant to the City a royalty free license to all
such data that the Design -Build Entity may cover by copyright and to all designs as to which
the Design -Build Entity may assert any right or establish any claim to under the patent or
copyright laws. The Design -Build Entity, for a period up to five (5) years from the Date of
Substantial Completion of the Project, agrees to furnish and to provide access to the
originals or copies of all such materials immediately upon the written request of the City.
Any use or reuse by City of the Construction Documents on any project other than this
Project without employing the services of the Design -Build Entity shall be at City's own risk
24347.00600\31594337.2 4 GENERAL CONDITIONS
with respect to third parties. If the City uses or reuses the Construction Documents on any
project other than this Project, they shall remove the Design -Build Entity's Design
Professional of Record's seat from the Construction Documents and hold harmless Design -
Build Entity and its officers, directors, agents and employees from claims arising out of the
negligent use or re -use of the Construction Documents on such other project. Design -Build
Entity shall not be responsible or liable for any revisions to the Construction Documents
made by any party other than the Design -Build Entity, a party for which the Design -Build
Entity is legally responsible or liable, or anyone approved by the Design -Build Entity.
1.3 INTERPRETATION OF DOCUMENTS AND ORDER OF PRECEDENCE
1.3.1 The intent of the Contract Documents is to include all necessary
criteria to establish the scope and quality for completion of the Project by the Design -Build
Entity. The Contract Documents are complementary and what is required by one shall be as
binding as if required by all. Performance by the Design -Build Entity shall be required to the
extent consistent with, and reasonably inferable from, the Contract Documents.
1.3.2 In the case of conflict or inconsistency, the following order of
precedence shall apply:
a. Change Orders/Modifications
b. Addenda
c. Contract
d. Special Conditions
e. General Conditions
f. Construction Documents prepared by Design -Build Entity and approved
in writing by Owner.
g. Revised and/or Additional Plans/Specifications Portions of Design -Build
Entity Proposal in response to RFP as reviewed and approved in writing by
Owner.
h. Request for Proposal ("RFP") and all addenda
i. All Attachments and Appendices to RFP
1.3.3 The City and the Design -Build Entity acknowledge that the Contract
Documents may differ in some respect(s) from the other documents included in the Design
Build Request for Proposal package upon which the Design -Build Entity based its
response(s) to Request for Proposal. Prior to the commencement of construction on the
Project, the Parties shall confirm, in writing, the final form of the Contract Documents that
are to be utilized.
1.3.4 Organization of the Specifications into various subdivisions and the
arrangement of the Drawings shall not control the Design -Build Entity in dividing portions of
24347.00600\31594337.2 5 GENERAL CONDITIONS
the work necessary for the Project among Subcontractors or in establishing the extent of
work to be performed by any trade.
1.3.5 Unless otherwise stated in the Contract Documents, technical words
and abbreviations contained in the Contract Documents are used in accordance with
commonly understood design professional and construction industry meanings; non-
technicalwords and abbreviations are used in accordance with their commonly understood
meanings.
1.3.6 The Contract Documents may omit modifying words such as "all" and
"any," and articles such as "the" and "an," but the fact that a modifier or an article is absent
from one statement and appears in another is not intended to affect the interpretation of
either statement. The use of the word "including," when following any general statement,
shall not be construed to limit such statement to specific items or matters set forth
immediately following such word or to similar items or matters, whether or not non limiting
Language (such as "without limitation," "but not limited to," or words of similar import) is
used with reference thereto, but rather shall be deemed to refer to all other items or matters
that could reasonably fall within the broadest possible scope of such general statement.
1.3.7 Whenever the context so requires, the use of the singular number shall
be deemed to include the plural and vice versa. Each gender shall be deemed to include any
other gender, and each shall include corporation, partnership, trust, or other legal entity,
whenever the context so requires. The captions and headings of the various subdivisions of
the Contract Documents are intended only for reference and convenience and in no way
define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision
thereof.
1.3.8 Each and every provision of law required by law to be inserted in the
Contract Documents shall be deemed to be inserted herein, and the Contract Documents
shall be read and enforced as though it were included herein, and if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon
application of either party the Contract shall be amended in writing to make such insertion
or correction.
1.3.9 Before commencing any work on the Project, the Design -Build Entity
shall check and review the plans and specifications and Contract Documents for
conformance and compliance with all laws, ordinances, codes, rules and regulations of all
Governmental Authorities and public utilities affecting the Project, all quasi -governmental
and other regulations affecting the Project, and other special requirements, if any,
designated in the Contract. In the eventthe Design -Build Entityobserves anyviolation of any
law, ordinance, code, rule or regulation, or inconsistency with any such restrictions or
special requirements of the Contract, the Design -Build Entity shall immediately notify the
City's Representative in writing of same and shall cause to be corrected any such violation
or inconsistency in the manner provided hereunder. The Design -Build Entity shall be solely
24347.00600\31594337.2 6 GENERAL CONDITIONS
Liable for any such violation, inconsistency or special requirement, if Design -Build Entity
fails to conduct such review or notification to the City.
1.3.10 Before commencing any work on the Project, the Design -Build Entity
shall carefully examine all specifications, Contract Documents and other information
provided to the Design -Build Entity as to Project requirements. The Design -Build Entity shall
immediately notify the City's Representative of any perceived or alleged error,
inconsistency, ambiguity, or lack of detail or explanation in such documents in writing. If the
Design -Build Entity or its Subcontractors, material or equipment suppliers, or any of their
officers, agents, and employees performs, permits, or causes the performance of any work
under the Contract, which it knows or should have known to be in error, inconsistent, or
ambiguous, or not sufficiently detailed or explained, the Design -Build Entity shall bear any
and all costs arising therefrom including, without limitation, the cost of correction thereof
without increase or adjustment to the Contract Price or the Contract Time. In no case shall
any Subcontractor proceed with work if uncertain without the Design -Build Entity's written
direction and/or approval.
ARTICLE 2: CITY'S RIGHTS AND RESPONSIBILITIES
2.1 FEE AND PERMIT REQUIREMENTS.
Except as otherwise provided in the Contract Documents, the Design -Build Entitywill
identify, prepare and submit on behalf of the Citythe applications for any necessary permits,
easements, fees and/orothergovernment approvals forthe use oroccupancyofthe Project.
The Citywill payfor such permits and fees which the Design -Build Entity shall be responsible
for obtaining on the City's behalf, as applicable.
2.2 ACCESS TO PROJECT SITE
The City will provide, as reasonably required, but in no event later than the date
designated in the Notice to Proceed with Construction, access to the lands and facilities
upon which the Construction Work is to be performed, including such access to other lands
and facilities designated in the Contract Documents for use by the Design -Build Entity.
2.3 THE CITY'S RIGHT TO STOP WORK ON THE PROJECT
If the Design -Build Entity fails to correct Defective Work as required by Paragraph
12.2 or fails to perform the Work in accordance with the Contract Documents, the City or
the City's Representative may direct the Design -Build Entity to stop work on the Project, or
any portion thereof, until the cause for such order has been eliminated by the Design -Build
Entity. The Design -Build Entity shall not be entitled to any adjustment of Contract Time or
the Contract Price as a result of any such order. The City and the City's Representative have
no duty or responsibility to the Design -Build Entity or any other party to exercise the right to
stop work on the Project.
24347.00600\31594337.2 7 GENERAL CONDITIONS
2.4 THE CITY'S RIGHT TO CARRY OUTWORK ON THE PROJECT
If the Design -Build Entity fails to carry out the Project in accordance with the Contract
Documents, fails to provide sufficient labor, materials, equipment, tools, and services, , or
otherwise fails to complywith any material term of the Contract Documents, and fails within
two (2) days after receipt of notice from the City to promptly commence and thereafter
diligently continue to completion the correction of such failure, the City may, without
prejudice to other remedies the City may have, correct such failure at the Design -Build
Entity's expense. In such case, the City will be entitled to deduct from payments then or
thereafter due the Design -Build Entity the cost of correcting such failure, including
compensation for the additional services and expenses of the City's Representative and the
City's consultants made necessary thereby. If payments then or thereafter due the Design -
Build Entity are not sufficient to cover such amounts, the Design -Build Entity shall pay the
additional amount to the City within ten (10) days of the City's written demand.
2.5 THE CITY'S RIGHT TO REPLACE THE CITY'S REPRESENTATIVE
The City may at any time and from time to time, without prior notice to or approval of
the Design -Build Entity, replace the City's Representative with a new individual. Upon
receipt of notice from the City informing the Design -Build Entity of such replacement and
identifying the new City's Representative, the Design -Build Entity shall recognize such
person or firm as the City's Representative for all purposes under the Contract Documents.
2.6 PARTIAL OCCUPANCY OR USE
2.6.1 The City may occupy or use any completed or partially completed
portion of the Project at any time. The City and the Design -Build Entity shall agree in writing
to the condition and status of the Project (or designated portion), the responsibilities
assigned to each of them for payments, security, maintenance, heat, utilities, damage to
the work (or designated portion), insurance, the period for correction of the work (or
designated portion), and the commencement of warranties for the work (or designated
portion) required by the Contract. When requested by the City, the Design -Build Entity shall
complete all Punch List items for the occupied portion of the Project.
2.6.2 Immediately prior to such partial occupancy or use, the City and the
Design -Build Entity shall jointly inspect the portions of the Project (or designated portion) to
be occupied or used, in order to determine and document the condition and status of the
work on the Project.
2.6.3 Unless otherwise agreed by the Parties in writing, partial occupancy or
use of a portion or portions of the Project shall not constitute final acceptance of the Project,
shall not be deemed an approval of any portion or portions of the Project not in compliance
with the requirements of the Contract, and shall not relieve the Design -Build Entity of any
responsibility or obligation under the Contract.
24347.00600\31594337.2 8 GENERAL CONDITIONS
2.7 INFORMATION PROVIDED BY CITY
2.7.1 The City provided the Design -Build Entity with information regarding
the Site in the RFP and its respective components, including, but not limited to previous
plans and other data.
2.7.2 This information is for the Design -Build Entity's use in performing the
Project work. Design -Build Entity is responsible for verifying field conditions and other data
in the information provided by Owner and requesting written clarification of any errors or
ambiguities discovered by the Design -Build Entity.
ARTICLE 3: DESIGN BUILD ENTITY'S RIGHTS AND RESPONSIBILITIES
3.1 DESIGN BUILD ENTITY'S RESPONSIBILITY; INDEPENDENT CONTRACTOR
The Design -Build Entity shall be responsible to the City for acts and omissions of the
Design -Build Entity's employees, Subcontractors, material and equipment suppliers, and
their agents, employees, invitees, and other persons performing portions of work on the
Project under direct or indirect contract with the Design -Build Entity or any of its
Subcontractors The City retains the Design -Build Entity as an independent contractor. The
Design -Build Entity is not an employee, agent or representative of the City. The Design -Build
Entity represents that it is fully experienced and properly qualified as well as properly
Licensed, equipped, organized, and financed to perform the Project. The Design -Build Entity
shall maintain complete control over its employees and its subcontractors and shall pay all
wages, salaries and other amounts due such personnel in connection with their
performance as required by law. The Design -Build Entity shall be responsible for all reports
and obligations respecting such personnel, including but not limited to, social security
taxes, income tax withholdings, unemployment insurance, and workers' compensation
insurance.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS; SINGLE
POINT RESPONSIBILITY OF THE DESIGN BUILD ENTITY
3.2.1 In addition to the examination and reviews performed, and obligations
assumed, incident to making the representations set forth in Article 10 of the Contract, the
Design -Build Entity shall carefully study and compare each of the Contract Documents
provided by the City with the others and with information furnished by the City, and shall
promptly report in writing to the City's Representative any errors, inconsistencies, or
omissions in the Contract Documents provided by the City or inconsistencies with
Applicable Code Requirements observed by the Design -Build Entity. The Design -Build Entity
shall be solely responsible for any errors, inconsistencies or omissions in the Contract
Documents if the Design -Build Entity fails to perform such review and examination or fails
to report such errors, inconsistencies or omissions to the City in writing.
24347.00600\31594337.2 9 GENERAL CONDITIONS
3.2.2 The Design -Build Entity is responsible for the design and construction
of the Project and shall use the highest design and engineering standards of care applicable
to public projects, buildings or work of similar size, complexity, quality and scope in
performing work on the Project. The Design -Build Entity shall be solely responsible for any
and all design errors including, but without limitation, errors, inconsistencies or omissions
in the Construction Documents. The Design -Build Entity shall take field measurements,
verify field conditions, and carefully compare with the Contract Documents such field
measurements, conditions, and other information known to the Design -Build Entity before
commencing work on the Project. Errors, inconsistencies, or omissions discovered at any
time shall be promptly reported in writing to the City's Representative.
3.2.3 If the Design -Build Entity performs any design and/or construction
activity which it knows, or should know, involves an error, inconsistency, or omission
referred to in Subparagraphs 3.2.1 and 3.2.2, without notifying and obtaining the written
consent of the City's Representative, the Design -Build Entity shall be responsible for the
resultant Losses, including, without limitation, the costs of correcting Defective Work.
3.2.4 The City does not assume any obligation to employ the Design -Build
Entity's services or pay the Design -Build Entity royalties of any type as to future projects that
may result from work performed under this Contract.
3.2.5 The Design -Build Entity shall be responsible for all plotting, printing,
copying and distribution costs of any and all documents required in connection with work
on the Project.
3.2.6 The Design -Build Entity agrees that it has single point responsibility for
the Design and construction of this Project, and agrees to utilize the highest standard of
excellent design, engineering and construction practices. The Design -Build Entity agrees
that, in light of the high degree of confidence and trust that the City has reposed in the
Design -Build Entity, the Design -Build Entity is a fiduciary of the City and, as such, has the
dutyto act in the City's best interests at all times throughout the course and performance of
this Contract.
3.3 DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Design -Build Entity shall supervise, coordinate, and direct all work
on the Project using the Design -Build Entity's best skill and attention. The Design -Build
Entity shall be solely responsible for, and have control over, the entire design effort,
construction means, methods, techniques, sequences, procedures, and the coordination
of all portions of work on the Project, including, but without limitation, landscape and site
work, utilities, and building systems.
3.3.2 The Design -Build Entity shall be responsible to the City for acts and
omissions of the Design -Build Entity, its agents, employees, and Subcontractors, and their
respective agents and employees.
24347.00600131594337.2 10 GENERAL CONDITIONS
3.3.3 The Design -Build Entity shall not be relieved of its obligation to perform
all work on the Project in accordance with the Contract Documents either by acts or
omissions of the City or the City's Representative in the administration of the Contract, or
by tests, inspections, or approvals required, or performed, by persons or firms other than
the Design -Build Entity.
3.3.4 The Design -Build Entity shall be responsible for inspection of all
portions of work on the Project, including those portions already performed under this
Contract, to determine that such portions conform to the requirements of the Contract
Documents and are ready to receive subsequent work.
3.3.5 To facilitate communications and the management of the Design
process, the Design -Build Entity shall establish a local office, within the City limits, for the
duration of the Design process.
3.3.6 [RESERVED.]
3.3.7 The Design -Build Entity is required to deliver to the City, if requested,
anyand all design materials including, but not limited to, calculations, preliminary drawings,
construction drawings, shop drawings, electronic media data, tenant improvement
documents, sketches, illustrations, specifications, descriptions, models, mock ups, and
other information developed, prepared, furnished, or delivered in the prosecution of the
Design Work.
3.3.8 The Design -Build Entity shall at all times participate in, implement, and
comply with the CEQA documentation prepared for the Project and provided to the Design -
Build Entity in order to ensure conformance with the requirements of CEQA as required in
the Contract Documents.
3.3.9 The Design -Build Entity is responsible for preparation of the
Construction Documents for the entire Project.
3.3.10 The Design -Build Entity is responsible for construction of the entire
Project as required by the Contract Documents.
3.3.11 The Design -Build Entity shall at all times maintain good discipline and
order among its employees and subcontractors. The Design -Build Entity shall provide
competent, fully qualified personnel to perform all work on the Project.
3.4 LABOR AND MATERIALS
Unless otherwise provided in the Contract Documents, the Design -Build Entity shall
provide and pay for all professional services, services, labor, materials, equipment, tools,
construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for proper execution and completion of the Scope of Work
24347.00600\31594337.2 11 GENERAL CONDITIONS
on the Project, whether temporary or permanent and whether or not incorporated or to be
incorporated in work on the Project.
3.5 DESIGN BUILD ENTITY'S WARRANTY
The Design -Build Entity warrants to the City that all Design Work will be performed in
accordance with the highest professional standards and degree of care applicable to those
design professionals who specialize in designing and providing services for public projects
ofthe type, scope, qualityand complexityof the Project utilizingthe Design Build contracting
mode. The Design -Build Entity warrants to the City that all labor, materials, equipment and
furnishings used in, or incorporated into, the Construction Work will be of good quality, new
(unless otherwise required or permitted by the Contract Documents), and all work will be
free of liens, claims and security interests of third parties; that the work will be of the highest
quality and free from defects and that all work will conform with the requirements of the
Contract Documents. If required by the City's Representative, the Design -Build Entity shall
furnish satisfactory evidence of compliance with this warranty. Further, the type, quality and
quantum of such evidence shall be within the sole discretion of the City's Representative.
3.6 TAXES
The Design -Build Entity shall pay all sales, consumer, use, income, payroll and
similar taxes in connection with the Project.
3.7 PERMITS, FEES, AND NOTICES
Except for the permits and approvals which are to be obtained on behalf of the City
or the requirements with respect to which the City is not subject, as provided in
Subparagraph 2.1.1, the Design -Build Entity shall secure, and pay for, all other permits,
approvals, government fees, licenses, and inspections necessary for the proper execution
and performance of work on the Project. The Design -Build Entity shall deliver to the City all
original licenses, permits, and approvals obtained by the Design -Build Entity in connection
with work on the Project prior to the final payment or upon termination of the Contract,
whichever is earlier.
3.8 APPLICABLE CODE REQUIREMENTS
3.8.1 The Design -Build Entity shall perform all work on the Project in
accordance with the following Applicable Code Requirements and all code requirements
listed in the Scope of Work:
(a) All laws, statutes, the most recent building codes, ordinances, rules,
regulations, and lawful orders of all public authorities having jurisdiction over the City, the
Design -Build Entity, any Subcontractor, the Project, the Project site, the work on the Project,
or the prosecution of the work on the Project.
24347.00600\31594337.2 12 GENERAL CONDITIONS
hereunder.
(b) All requirements of any insurance company issuing insurance required
(c) Applicable sections in the State of California Labor Code.
(d) All Applicable Code Requirements relating to nondiscrimination,
payment of prevailing wages, payroll records, apprentices, and work day.
3.8.2 The Design -Build Entity shall comply with and give notices required by
all Applicable Code Requirements, including all environmental laws and all notice
requirements under the State of California Safe Drinking Water and Enforcement Act of 1986
(State of California Health and Safety Code Section 25249.5, and applicable sections that
follow). The Design -Build Entity shall promptly notify the City's Representative in writing if
the Design -Build Entity becomes aware during the performance of work on the Project that
the Contract Documents are at variance with Applicable Code Requirements.
3.8.3 If the Design -Build Entity performs work which it knows or should know
is contrary to Applicable Code Requirements, without prior notice to the City and the City's
Representative, the Design -Build Entity shall be responsible for such work and any resulting
damages including, without limitation, the costs of correcting Defective Work.
3.9 SUPERINTENDENT
3.9.1 The Design -Build Entity shall employ a competent Superintendent
satisfactory to the City who shall be in attendance at the Project site at all times during the
performance of the Construction Work. Superintendent shall represent the Design -Build
Entity and communications given to, and received from, Superintendent shall be binding on
the Design -Build Entity. Failure to maintain a Superintendent on the Project site at all times
work on the Project is in progress shall be considered a material breach of this Contract,
entitling the City to terminate the Contract or, alternatively, issue a stop work order until the
Superintendent is on the Project site. If, by virtue of issuance of said stop work order, the
Design -Build Entity fails to complete the Contract on time, the Design -Build Entity will be
assessed Liquidated Damages in accordance with the Contract.
3.9.2 Any changes to the assignment of the Superintendent shall receive
prior written approval from the City. The Superintendent may not perform the work of any
trade, pick up materials, or perform any work not directly related to the supervision and
coordination of the Construction Work at the Project site when work is in progress. In
addition, the Design -Build Entity will provide all key personnel identified in the Contract for
the time periods stipulated.
3.10 PROJECT STAFFING
3.10.1 The Design -Build Entity and each Subcontractor shall furnish a
competent and adequate staff as necessary for the proper administration, coordination,
24347.00600\31594337.2 13 GENERAL CONDITIONS
supervision, and superintendence of its portion of the work on the Project; organize the
procurement of all materials and equipment so that the materials and equipment will be
available at the time they are needed for the work; and keep an adequate force of skilled and
fit workers on the job to complete all work on the Project in accordance withal[ requirements
of the Contract.
3.10.2 The City shall have the right, but not the obligation, to require the
removal from the Project of the Design -Build Entity's Representative, or any superintendent,
staff member, agent, or employee of any contractor, Subcontractor, material or equipment
supplier, or any other entityworking on the Project. Removal may be required for any reason
designated by the City, including but not limited to, failure or refusal to perform work on the
Project in a manner acceptable to the City, uncooperative or incompetent performance on
the Project, threatening the adequate or timely completion of the Project, or threatening the
safety of persons or property.
3.11 TOXIC MATERIALS
The Design -Build Entity is responsible for unforeseen site conditions and toxic
materials to the extent described in the Contract Documents and/or that could be
reasonably inferred by the Design -Build Entity based on its experience and expertise on
similar projects.
3.12 HAZARDOUS MATERIALS
3.12.1 The Design -Build Entity is solely responsible for investigating and
performing remedial actions on all hazardous materials and other related environmental
requirements located on the Project site. For the purposes of this Contract, hazardous
materials shall also include, but are not limited to, underground storage tanks. Any
hazardous materials that are encountered beyond those described in the Contract
Documents or Proposal Requirements, orwhich reasonably could not have been discovered
within the time permitted, may properly be the subject of a Change Order Request. The City
agrees that the Design -Build Entity cannot be considered a hazardous materials generator
of any such materials in existence on the Site at the time it is given possession of the Site.
3.12.2 "Hazardous materials" means any substance: the presence of which
requires investigation or remediation under any federal, state or local law, statute,
regulation, ordinance, order, action, policy or common law; which is or becomes defined as
a "hazardous waste," "hazardous substance," pollutant or contaminant under any federal,
state or local law, statute, regulation, rule or ordinance or amendments thereto, including,
without limitations, the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq. ("CERCLA"), as amended, or the Resource,
Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et seq. ("RCRA");
which is petroleum, including crude oil or any fraction thereof not otherwise designated as
a "hazardous substance" under CERCLA, including without limitation gasoline, diesel fuel
or order petroleum hydrocarbons; which is toxic, explosive, corrosive, flammable,
24347.00600131594337.2 14 GENERAL CONDITIONS
infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes
regulated by any regulatory agency or instrumentality or the United States; the presence of
which on the Site causes or threatens to cause a nuisance upon the Site or to the adjacent
properties or poses or threatens to pose a hazard to the health or safety of persons on or
about the Site; the presence of which on adjacent properties could constitute a trespass by
the Design -Build Entity or the City; or as defined in the California Health and Safety Code.
3.12.3 "Underground Storage Tank" shall have the Definition assigned to that
term by Section 9001 of RCRA, 42 U.S.C. Section 6991 , and also shall include: any tank of
one thousand one hundred (1, 100) gallons or less capacity used for storing motor fuel; any
tank used for storing heating oil for consumption on the premises where stored; any septic
tank; and any pipes connected to the above items.
3.12.4 "Environmental Requirements" means all applicable laws, statutes,
regulations, rules, ordinances, codes, licenses, permits, orders and similar items of all
governmental agencies or other instrumentality's of the City, State of California, and United
States and all applicable judicial, administrative and regulatory decrees, judgments and
orders relating to the protection of human health or the environment, including, without
Limitation: all requirements, including, but not limited to, those pertaining to reporting,
licensing, permitting, investigation and remediation of emissions, discharges, releases or
threatened releases of hazardous materials into the air, surface water, ground water or land,
or relating to the manufacture, processing, distribution, use, treatment, storage, disposal,
transport or handling of hazardous materials; and all requirements pertaining to the
protection of the health and safety of employees or the public.
3.13 COMPLIANCE WITH STATE STORM WATER PERMIT FOR CONSTRUCTION
The Design -Build Entity shall be required to comply with all conditions of the State
Water Resources Control Board National Pollutant Discharge Elimination System General
Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated
with Construction Activity ("Permit") for all construction activity which results in the
disturbance of in excess of one acre of total land area or which is part of a lager common
area of development or sale as described in Article 14.10 below. Failure to comply with the
Permit is in violation of federal and state law. The Design -Build Entity hereby agrees to
provide indemnification pursuant to Section 1.10 of the Contract of the Design Build
Contract..
3.14 CONSTRUCTION DOCUMENTS
3.14.1 Construction Documents
(a) Upon receipt of the Notice to Proceed, the Design -Build Entity
shall instruct the Design Professional of Record to commence the design of the Project and
the preparation of the Schematic Design and Construction Documents. Upon review and
written approval of the Schematic Design by the City, the Design -Build Entity shall complete
24347.00600\31594337.2 15 GENERAL CONDITIONS
the Construction Documents. The Design -Build Entity shall address all of the City's
comments on the Schematic Design documents in the Construction Documents, either by
incorporating the comments or providing a written explanation of why the comment is not
incorporated. The Construction Documents shall provide information customarily
necessary in documents for projects of similar size, complexity, and quality. The
Construction Documents shall include all information required by the building trades to
complete the construction of the Project, other than such details customarily developed by
others during construction. The City's review of the Construction Documents shall be
conducted in accordance with the approved Contract Schedule with procedures set forth in
Article 3 relating to Schedule. Such review shall not relieve the Design -Build Entity from its
responsibilities under the Contract. Such review shall not be deemed an approval orwaiver
by the City of any deviation from, or of the Design -Build Entity's failure to comply with, any
provision or requirement of the Contract Documents, unless such deviation or failure has
been identified as such in writing in the Document submitted by the Design -Build Entity and
approved by the City.
(b) However, it is acknowledged by the parties hereto that inherent
in a Design Build concept, bridging or otherwise, the production and review of Construction
Documents may be a continuing process with portions thereof completed at different times.
The Design -Build Entitywill limit the Construction Document packages submitted to the City
for review and approval for construction to five (5), unless approved in writing by the City.
Contract Schedule shall indicate the times for the City to review the completion of each
such portion of the Construction Documents and a reasonable time for review of same.
(c) The Design -Build Entity shall submit completed packages of the
Construction Documents for review by the City, and all other required governmental
agencies, at the times indicated on the Contract Schedule and as defined in the Scheduling
Specification. Meetings between the Design -Build Entity and the City to review the
Construction Document packages, shall be scheduled and held so as not to delay work on
the Project.
(d) The Construction Documents for hazardous and/or toxic
abatement efforts and demolition activity shall be of sufficient clarity and shall be fully
detailed and approved by a licensed engineer if required by law when submitted to the City
for review.
3.14.2 Shop Drawings, Product Data, Samples, Materials, and Equipment
(a) Shop drawings are drawings, submitted to the Design -Build
Entity by subcontractors, manufacturers, supplier or distributors, showing in detail the
proposed fabrication and assembly of building elements and the installation (e.g., form, fit,
and attachment details) of materials or equipment.
(b) The Design -Build Entity shall coordinate all submittals and
review them for accuracy, completeness, and compliance with the requirements of the
24347.00600\31594337.2 16 GENERAL CONDITIONS
Contract Documents and the Design -Build Entity's Construction Documents and shall
indicate its approval thereon as evidence of such coordination and review.
(c) Materials and equipment incorporated in the work on the
Project shall match the approved samples within tolerances appropriate to the items, and
as may be described in the Contract Documents.
(d) The Design -Build Entity shall submit shop drawings approved
by the Design Professional of Record and samples of submittals that relate to finish
materials and products.
(e) Wherever the name or brand of manufacturer or an article is
Listed in the Contract Documents, it is to be used in work on the Project as the standard. Any
variation in quality must be approved by the City.
3.14.3 Field Engineering
(a) If requested by the City, the Design -Build Entity shall retain and
pay expenses of a civil engineer or land surveyor to establish on the Site the required
reference points and benchmarks, establish building lines and elevations, checkfor building
framing, plumbness, and establish on building frame the required basic grid lines. The
engineer or land surveyor shall be licensed in the State of California.
(b) The Design -Build Entity shall locate and protect control points
prior to starting work on the Project site and preserve permanent reference points during
construction, and shall require the engineer or surveyor to replace control points which
become lost or destroyed.
3.14.4 Geotechnical and Survey
(a) The City may provide the Design -Build Entity with a
geotechnical report which includes supporting data, findings and recommendations; and
also with a legal description and a project survey that are included in the Contract
Documents. The Design Work shall be consistent with both the findings and
recommendations of the geotechnical report and legal description and project survey.
(b) The Design -Build Entity shall verify the location and depth
(elevation) of all existing utilities and services before performing any excavation work.
(c) Any additional tests, borings, etc. necessary to support the
Construction Documents shall be the responsibility of the Design -Build Entity.
3.15 MONTHLY REPORT
Upon request by the City, the Design -Build Entity shall prepare and submit, during
both the Construction Documents Phase and the Construction Phase, monthly reports on
24347.00600131594337.2 17 GENERAL CONDITIONS
the work accomplished during the prior monthly period. Such reports shall be prepared in a
manner and in a format approved by the City. Reports shall be furnished at the time of
submission of each monthly application for payment. The monthly report shall also set forth
the Design -Build Entity's projected progress for the forthcoming month.
3.16 OTHER REPORTS
The Design -Build Entity will cooperate with the City in preparing, or causing to be
prepared, all or part of, periodic project reports required by state or federal agencies.
3.17 NOTICES OF LABOR DISPUTE
3.17.1 If the Design -Build Entity has knowledge that any actual or potential
labor dispute is delaying, or threatens to delay, the timely performance of work on the
Project, the Design -Build Entity shall immediately give written notice including all relevant
information to the City.
3.17.2 The Design -Build Entity agrees to insert the substance of this Article in
any subcontract to which a labor dispute may delay the timely performance of work on the
Project, except that each subcontract shall provide that in the event its timely performance
is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor
shall immediately notify the next higher tier subcontractor or the Design -Build Entity, as the
case may be, of all relevant information concerning the Dispute.
3.18 GUARANTEE
3.18.1 The Design -Build Entity unconditionally guarantees all work on the
Project will be completed in accordance with the Contract Documents, and will remain free
of defects in workmanship and materials for a period of one (1) year from the date of Final
Completion, unless a longer guarantee period is specifically called for in the Contract
Documents. However, a shorter guarantee period shall apply to landscape plants, trees,
turf, and other living landscape materials. Trees or shrubs greater than one gallon in size at
the time of planting shall be guaranteed for one (1) year, and all other plant material shall be
guaranteed for six (6) months. The Design -Build Entity shall repair or replace any and all
work, together with any adjacent work that may have been damaged or displaced, which
was not in accordance with the requirements of the Contract Documents, or that may be
defective in its workmanship or material within the guarantee period specified in the
Contract Documents, without any expense whatsoever to the City; ordinary wear and tear
and abuse excepted. The Design -Build Entity shall bear all costs of such correction,
replacement, repair, or restoration, and all Losses resulting from such Defective Work,
including additional testing, inspection, and compensation for the City's Representative's
services and expenses. The Design -Build Entity shall perform corrective work on the Project
at such times that are acceptable to the City and in such a manner as to avoid, to the extent
practicable, disruption to the City's activities.
24347.00600\31594337.2 18 GENERAL CONDITIONS
3.18.2 The Design -Build Entity further agrees, within fourteen (14) days, or as
such shorter period as may be designated for emergency repairs, after being notified in
writing by the City, of any work not in accordance with the requirements of the Contract
Documents or any defects in the work on the Project, that the Design -Build Entity shall
commence and execute, with due diligence, all work necessary to fulfill the terms of the
guarantee. If the Cityfinds that the Design -Build Entity fails to perform any of the work under
the guarantee, the City may elect to have the work completed at the Design -Build Entity's
expense and the Design -Build Entity will pay costs of the work upon demand. The City will
be entitled to all costs, including reasonable attorneys' fees and consultants' expenses
necessarily incurred upon the Design -Build Entity's refusal to pay the above costs.
3.18.3 Notwithstanding the foregoing subparagraph, in the event of an
emergency constituting an immediate hazard to health or safety of the City employees,
property, or licensees, the City may undertake, at the Design -Build Entity's expense and
without prior notice, all work necessary to correct such condition(s) when it is caused by
work of the Design -Build Entity not being in accordance with the requirements of the
Contract Documents
3.18.4 The Design -Build Entity's obligations under this Article 3.18 are in
addition to and not in limitation to any other obligation of the Design -Build Entity under the
Contract Documents or at law. Enforcement of the Design -Build Entity's express warranties
and guarantees to repair contained in the Contract Documents shall be in addition to and
not in limitation of any other rights or remedies the City may have under the Contract
Documents or at law or in equity for Defective Work.
3.19 WARRANTY
The Design -Build Entity warrants to the City that any and all materials, equipment and
furnishings incorporated in the Project will be of good quality and new unless otherwise
required or permitted by the Contract Documents. Work not conforming to these
requirements, including substitutions not properly approved and authorized, may be
considered defective. The foregoing warranty excludes damage caused by improper
operation, or normal wear and tear under normal usage under the control of the City. Such
warranty shall exclude warranties relating to design, warranty of fitness, and any other
express or implied warranties other than as set forth herein or in the Contract Documents;
provided, however, that the foregoing shall not impair the rights of the City to maintain an
action for breach of contract against the Design -Build Entity.
3.20 SCHEDULES REQUIRED OF THE DESIGN BUILD ENTITY
3.20.1 The Design -Build Entity shall plan, develop, supervise, control, and
coordinate the performance of the work on the Project so that its progress and the sequence
and timing of Work activities complete the Project within the ContractTime(s). Design -Build
Entity shall use the Critical Path Method (CPM ) in planning, coordinating, performing and
reporting on the Work, including all activities of Design -Build Entity, Subcontractors,
24347.00600\31594337.2 19 GENERAL CONDITIONS
equipment vendors, and suppliers, and in assisting the City in monitoring the progress of the
Work.
3.20.2 The Schedule shall depict events and activities, their durations and
their interrelationships, and shall recognize the progress that must be made in one task
before subsequent tasks can begin. The CPM network shall be comprehensive and shall
include all activities, interdependencies and interactions required to perform the Work.
Design -Build Entity shall submit the construction schedule to the City for review.
3.20.3 All Schedules, including the initial schedule, the baseline schedule,
and the monthly updates, shall be submitted to the City in both hard copy and electronic
form. The electronic files shall be the actual scheduling program files, not a pdf version of
the schedule. Design -Build Entity shall submit three hard copies of all Schedules printed in
a bar chart format on a timeline, showing the entire construction period.
3.20.4 Within thirty (30) days of execution of the Design Build Contract, the
Design -Build Entity shall provide the City, for its review and written approval, a detailed
Schedule which fully sets forth the Design -Build Entity's proposed schedule for completion
of all design and construction services on the Project within the Contract Times. The
Schedule shall be created in the current version of one of the following scheduling
programs: Primavera Project Planner (version P3 or P6), Suretrak Project Manager, or
Microsoft Project.
3.20.5 The Schedule shall be updated and submitted to the City on a monthly
basis for the purpose of recording and monitoring the actual progress of the Work. Each
monthly update shall include actual dates of activities started and/or completed during the
previous month, and the percentage of work completed to date on each activity started but
not completed. The monthly update shall incorporate all changes mutually agreed upon by
the Design -Build Entity and the City during preceding periodic reviews and all changes
resulting from approved Change Orders and Field Directives. The monthly update shall also
include a forecast of the remaining duration for each activity, if the remaining duration is
expected to be greater than that calculated by the scheduling program based on the
percentage complete.
3.20.6 [RESERVED.]
3.20.7 The Design -Build Entity shall continuously obtain from Subcontractors
information and data about the planning for, and progress of, the work on the Project and
the delivery of equipment. During its work on the Project, the Design -Build Entity shall
coordinate and integrate such information and data into updated Contract Schedules, and
shall monitor the progress of the work on the Project and the delivery of equipment. The
Design -Build Entity shall act as the expediter of potential and actual delays, interruptions,
hindrances, or disruptions for its own forces and those forces of Subcontractors, regardless
of tier.
24347.00600\31594337.2 20 GENERAL CONDITIONS
3.20.8 Failure of the City's Representative to discover errors or omissions in
schedules that it has reviewed, or to inform the Design -Build Entity that the Design -Build
Entity, Subcontractors, or others are behind schedule, or to direct or enforce procedures for
complying with the Contract Schedule shall not relieve the Design -Build Entity from its sole
responsibilityto perform and complete the Project within the Contract Time and shall not be
a cause for an adjustment of the Contract Time or the Contract Price.
3.21 AS BUILT DOCUMENTS
The Design -Build Entity shall maintain one (1) set of As -Built drawings and
specifications, which shall be kept up to date during the work of the Contract. All changes
from the Documents as drawn and written and approved which are incorporated into the
work on the Project shall be noted on the As -Built set. Notations shall reflect the actual
materials, equipment and installation methods used for the work on the Project, as well as
the actual location of the work, and each revision shall be initialed and dated by
Superintendent. Prior to filing of the Notice of Completion, each drawing and the
specification cover shall be signed by the Design -Build Entity and dated, attesting to the
completeness of the information noted therein. As -Built Documents shall be turned over to
the City's Representative and shall become part of the Record Documents as required by
the Scope of Work.
3.22 DOCUMENTS AND SAMPLES AT PROJECT SITE
The Design -Build Entity shall maintain the following at the Project site:
1. One current copy of the Contract Documents (including Construction
Documents), in good order and marked to record current changes and selections made
during construction.
2.One copy of the prevailing wage rates applicable to the Project.
3. The current accepted Contract Schedule.
4. Shop Drawings, Product Data, and Samples.
5.One current copy of all As built documents.
6. All other required submittals.
These shall be available to the City's Representative and shall be delivered to the
City's Representative for submittal to the City upon the earlier of Final Completion or
termination of the Contract, or at any time upon the City's written demand.
3.23 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
3.23.1 Definitions:
24347.006=31594337.2 21 GENERAL CONDITIONS
(a) Shop Drawings [above] are drawings, diagrams, schedules, and
other data specially prepared for the Project by the Design -Build Entity or a Subcontractor
to illustrate some portion of the work on the Project.
(b) Product Data are illustrations, standard schedules,
performance charts, instructions, brochures, diagrams, and other information furnished by
the Design -Build Entity to illustrate or describe materials or equipment for some portion of
work on the Project.
(c) Samples are physical examples that illustrate materials,
equipment, or workmanship and establish standards by which the work on the Project will
be judged.
3.23.2 Shop Drawings, Product Data, Samples, and similar submittals are not
Contract Documents. Their purpose is to demonstrate, for those portions of work on the
Project for which submittals are required, how the Design -Build Entity proposes to conform
to the information given and the Design concept expressed in the Contract Documents.
3.23.3 The Design -Build Entity shall review, approve, and submit to the City's
Representative Shop Drawings, Product Data, Samples, and similar submittals required by
the Contract Documents with reasonable promptness and in such sequence as to cause no
delay in the work on the Project or in the activities of the City or of Separate Contractors.
Submittals made by the Design -Build Entity that are not required by the Contract
Documents may be returned without action by the City's Representative.
3.23.4 The Design -Build Entity shall perform no portion of the work requiring
submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until
the respective submittal has been reviewed by the City's Representative and no exceptions
have been taken by the City's Representative. Such work shall be in accordance with
approved submittals and the Contract Documents. The City shall provide review and
response to all such submittals within ten (10) working days.
3.23.5 By approving and submitting Shop Drawings, Product Data, Samples,
and similar submittals, the Design -Build Entity represents that it has determined orverified
materials and field measurements and conditions related thereto, and that it has checked
and coordinated the information contained within such submittals with the requirements of
the Contract Documents and Shop Drawings for related work.
3.23.6 If the Design -Build Entity discovers any conflicts, omissions, or errors
in Shop Drawings or other submittals, the Design -Build Entity shall notify the City's
Representative and receive instruction before proceeding with the affected work. The
Design -Build Entity shall be responsible to correct to the satisfaction of the City, any
conflicts, omissions, or errors in Shop Drawings or other submittals.
24347.00600\31594337.2 22 GENERAL CONDITIONS
3.23.7 The Design -Build Entity shall not be relieved of responsibility for
deviations from requirements of the Contract Documents by the City's Representative's
review of Shop Drawings, Product Data, Samples, or similar submittals, unless the Design -
Build Entity has specifically informed the City's Representative in writing of such deviation
at the time of submittal and the City's Representative has given written approval of the
specific deviation. The Design -Build Entity shall not be relieved of responsibility for errors or
omissions in Shop Drawings, Product Data, Samples, or similar submittals by the City's
Representative's review, acceptance, comment, or approval thereof.
3.23.8 The Design -Build Entity shall direct specific attention, in writing or on
resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions
other than those requested by the City's Representative on previous submittals.
3.23.9 The City will review first resubmittal of Shop Drawing at its cost. The
City reserves the right to reduce the Contract Price by Change Order for its cost for any
subsequent reviews of Shop Drawing resubmittals.
3.24 USE OF SITE AND CLEANUP
3.24.1 The Design -Build Entity shall confine operations at the Project site to
areas permitted by law, ordinances, permits, and the Contract Documents. The Design -
Build Entity shall not unreasonably encumber the Project site with materials or equipment.
3.24.2 The Design -Build Entity shall, during performance of work on the
Project, keep the Project site and surrounding area free from the accumulation of excess
dirt, waste materials, and rubbish caused bythe Design -Build Entity. The Design -Build Entity
shall remove all excess dirt, waste material, and rubbish caused by the Design -Build Entity;
tools; equipment; machinery; and surplus materials from the Project site and surrounding
area at the completion of the Project.
3.24.3 Personnel of the Design -Build Entity and Subcontractors shall not
occupy, live upon, or otherwise make use of the Project site during any time that work is not
being performed at the Project site, except as otherwise provided in the Contract
Documents.
3.25 CUTTING, FITTING, AND PATCHING
3.25.1 The Design -Build Entity shall do all cutting, fitting, or patching work
required to make all parts of the Project come together properly and to allow the Project to
receive or be received by the work of Separate Contractors shown upon, or reasonably
implied by, the Contract Documents.
3.25.2 The Design -Build Entity shall not endanger the Project, or adjacent
property by cutting, digging, or otherwise. The Design -Build Entity shall not cut or alter the
work of any Separate Contractor without the prior consent of The City's Representative.
24347.00600\31594337.2 23 GENERAL CONDITIONS
3.26 ACCESS TO WORK
The City, the City's Representative, their consultants, and other persons authorized
by the City will at all times have access to the work on the Project wherever it is in
preparation or progress. The Design -Build Entity shall provide safe and proper facilities for
such access and for inspection.
3.27 ROYALTIES AND PATENTS
The Design -Build Entity shall pay all royalties and license fees required for the
performance of work on the Project. The Design -Build Entity shall defend suits or claims
resulting from the Design -Build Entity's or any Subcontractor's infringement of patent rights
and shall Indemnify the City and the City's Representative from Losses on account thereof.
3.28 CONCEALED OR UNKNOWN CONDITIONS
3.28.1 Except and only to the extent provided otherwise in Article 7 and 8 of
the General Conditions, by signing the Contract, the Design -Build Entity agrees:
(a) To bear the risk of concealed or unknown conditions, if any,
which may be encountered in performing the Contract, as described in these Contract
Documents, and/or that can reasonably be inferred by the Design -Build Entity based on its
experience and expertise; and
(b) That the Design -Build Entity's Contract Price for the Contract
was made with full knowledge of this risk.
3.28.2 In agreeing to bear the risk of concealed or unknown conditions, The
Design -Build Entity understands that, except and only to the extent provided otherwise in
Articles 7 and 8, concealed and/or unknown conditions shall not excuse The Design -Build
Entity from its obligation to achieve full completion of the Project within the Contract Time,
and shall not entitle the Design -Build Entity to an adjustment of the Contract Price.
3.28.3 If concealed or unknown conditions are encountered which require, in
the opinion of the City's Representative, design details which differ from those details
shown in the Criteria Documents and the City's Representative finds that such revised
design details will cause an increase or decrease in the cost of, or the time required for
performance of the Contract, and if the City agrees with the City's Representative's
determinations, the City will issue a Change Order modifying the Contract Terms to provide
forthe change in design details and to provide for an adjustment in the Contract Price and/or
Contract Time pursuant to Articles 7 and 8.
3.28.4If the Design -Build Entity encounters concealed or unknown
conditions that differ materially from those anticipated or expected, the Design -Build Entity
shall notify the City's Representative in writing within 24 hours in writing of such conditions
so that the City's Representative can determine if such conditions require design details
24347.00600\31594337.2 24 GENERAL CONDITIONS
which differ from those design details shown in the Criteria Documents. The Design -Build
Entity shall be liable to the City for any extra costs incurred as the result of the Design -Build
Entity's failure to give such notice.
3.29 LIABILITY FOR AND REPAIR OF DAMAGED WORK
Except as otherwise provided in the Contract Documents, the Design -Build Entity
shall be liable for any and all damages and losses to the Project (whether by fire, theft,
vandalism, earthquake, flood or otherwise) prior to the City's acceptance of the Project as
fully completed.
3.30 INDEMNIFICATION
The Design -Build Entity's indemnification obligations are fully set forth in Section 10
of the Design Build Contract.
ARTICLE 4: ADMINISTRATION OF THE CONTRACT
4.1 ADMINISTRATION OF THE CONTRACT BY THE CITY'S REPRESENTATIVE
4.1.1 The City's Representative will have authority to act on behalf of the City
only to the extent provided in the Contract Documents.
4.1.2 The City shall designate in the Contract one or more representatives
authorized to act on the City's behalf with respect to the Project, together with the scope of
his/her respective authority. If the City's Representatives) changes, the City shall notify the
Design -Build Entity in writing as provided in the Contract. Functions for which this Contract
Documents provide will be performed by the City may be delegated by the City only by
written notice to the Design -Build Entity from the City. The Design -Build Entity shall not be
entitled to rely on directions (nor shall it be required to follow the Directions) from anyone
outside the scope of that person's authority as set forth in written authorization pursuant to
this Design Build Contract. Only directions and decisions made bythe City's Representative
shall be binding on the City.
4.1.3 During the term of this Design Build Contract, the City's Representative
shall have the right to review the Design Professional of Record's work at such intervals as
deemed appropriate by the City's Representative. However, no actions taken during such
review or site visit bythe City's Representative, shall relieve the Design -Build Entity of any of
its obligations of single point responsibility for the Design and construction of this Project
nor form the basis for a Claim if such actions extend beyond the Contract Time.
4.1.4 The City's Representative will not have control over, will not be in
charge of, and will not be responsible for design or construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in
connection with the work on the Project, since these are solely the Design -Build Entity's
responsibility.
24347.00600\31594337.2 25 GENERAL CONDITIONS
4.1.5 Except as otherwise provided in the Contract Documents or when
direct communications have been specifically authorized, the City and the Design -Build
Entity shall communicate through the City's Representative. Communications by the
Design -Build Entity with the City's consultants and the City's Representative's consultants
shall be through the City's Representative. Communications by the City and the City's
Representative with Subcontractors will be through the Design -Build Entity.
Communications by the Design -Build Entity and Subcontractors with Separate Contractors
shall be through the City's Representative. The Design -Build Entity shall not rely on oral or
other non -written communications.
4.1.6 Based on the City's Representative's Project site visits, review of
Design Work, and evaluations of the Design -Build Entity's Applications For Payment, the
City's Representative will recommend amounts, if any, due the Design -Build Entity and will
issue Certificates For Payment in such amounts.
4.1.7 The City's Representative will have the authority to reject work on the
Project, or any portion thereof, which does not conform to the Contract Documents. The
City's Representative will have the authority to stop work on the Project, or any portion
thereof. Whenever the City's Representative considers it necessary, or advisable, for
implementation of the intent of the Contract Documents, the City's Representative will have
the authority to require additional inspection or testing of the work on the Project in
accordance with the Contract Documents, whether or not such work is fabricated, installed,
or completed. However, no authority of the City's Representative conferred by the Contract
Documents nor any decision made in good faith either to exercise, or to not exercise such
authority, will give rise to a duty or responsibility of the City or the City's Representative to
the Design -Build Entity, or any person or entity claiming under, or through, the Design -Build
Entity.
4.1.8 The City's Representative will have the authority to conduct
inspections and to determine Final Completion; will receive for review and approval any
records, written warranties, and related documents required by the Contract Documents
and assembled by the Design -Build Entity; and will issue a final Certificate For Payment
upon the Design -Build Entity's compliance with the requirements of the Contract
Documents.
4.1.9 The City's Representative will be, in the first instance, the interpreter of
the requirements of the Contract Documents and the judge of performance thereunder by
the Design -Build Entity. Should the Design -Build Entity discover any conflicts, omissions, or
errors in the Construction Documents or the Contract Documents; have any questions
about the interpretation or clarification of the Contract Documents; question whether work
is within the scope of the Contract Documents; then, before proceeding with the work
affected, the Design -Build Entity shall notify the City's Representative in writing and request
interpretation or clarification. The City's Representative's response to questions and
requests for interpretations, clarifications, instructions, or decisions will be made with
24347.00600131594337.2 26 GENERAL CONDITIONS
reasonable promptness. Should the Design -Build Entity proceed with the work affected
before receipt of a response from the City's Representative, any portion of the work on the
Project which is not done in accordance with the City's Representative's interpretations,
clarifications, instructions, or decisions shall be removed or replaced and the Design -Build
Entity shall be responsible for all resultant losses.
4.2 THE DESIGN BUILD ENTITY CHANGE ORDER REQUESTS
4.2.1 The Design -Build Entity may request changes to the Contract Price
and/or Contract Time for Extra Work or Excusable Delays to completion of the Project
caused by the acts, errors, or omissions of the City, the City's Representative, their agents
or employees, or caused by unforeseen conditions if, and only if, the Design -Build Entity
follows the procedures specified in this Paragraph 4.2. As used in this Paragraph 4.2, such
acts, errors, or omissions shall include, but not be limited to, the provision of instructions,
or interpretations that involve an increase or decrease in Project Scope, Extra Work or delay
completion of the Project.
4.2.2 If the Design -Build Entity asserts that the Design -Build Entity is entitled
to an adjustment of the Contract Price and/or Contract Time as the result of an act, error, or
omission of the City, the City's Representative, their agents or employees, or as the result of
unforeseen conditions, then the Design -Build Entity may submit a Change Order Request in
a form acceptable to the City, to the City's Representative.
4.2.3 A Change Order Request must state that it is a Change Order Request,
state and justify the reason for the request, and specify the amount of any requested
adjustment to the Contract Price and/or Contract Time. Upon request of the City's
Representative, the Design -Build Entity shall submit such additional information as may be
requested by the City's Representative for the purpose of evaluating the Change Order
Request. Such additional information may include a Cost Proposal meeting the
requirements of Article 7 and written documentation demonstrating the Design -Build
Entity's entitlement to a time extension under Paragraph 8.4. If the Change Order Request
seeks an adjustment of the Contract Price for an Excusable delay, upon request of the City's
Representative, the Design -Build Entity shall submit written documentation demonstrating
the Design -Build Entity's entitlement to such an adjustment under Subparagraph 7.3.9.
4.2.4 A condition precedent to obtaining an adjustment of the Contract Price
and/or Contract Time as the result of an act, error, or omission of the City, the City's
Representative, their agents or employees, or as the result of an unforeseen condition, is
timely submission of a Change Order Request that meets the requirements set forth in
Subparagraphs 4.2.2 and 4.2.3. A Change Order Request based upon such acts, errors or
omissions will be deemed timely submitted if, and only if, it is submitted within ten (10) days
of the date the Design -Build Entity discovers, or reasonably should discover, that an act,
error, or omission of the City, the City's Representative, their agents or employees, has
occurred that may entitle the Design -Build Entity to an adjustment of the Contract Price
and/or Contract Time (even if the Design -Build Entity has not been damaged, delayed, or
24347.00600\31594337.2 27 GENERAL CONDITIONS
incurred extra cost when the Design -Build Entity discovers, or reasonably should discover,
the act, error or omission giving rise to the Change Order Request). A Change Order Request
based upon an unforeseen condition will be deemed timely submitted if, and only if, it is
submitted within ten (10) days of the Date the Design -Build Entity discovers, or reasonably
should discover, the existence of an unforeseen condition that may entitle the Design -Build
Entity to an adjustment of the Contract Price and/or Contract Time (even if the Design -Build
Entity has not been damaged, delayed, or incurred extra cost when the Design -Build Entity
discovers, or reasonablyshould discover, the unforeseen condition giving rise to the Change
Order Request).
4.2.5 If the City's Representative issues a final decision on all or part of a
Change Order Request, the Design -Build Entity may contest the decision by filing a timely
Claim under the procedures specified in Paragraph 4.3. A final decision is any decision on a
Change Order Request which states that it is final.
4.3 CLAIMS
4.3.1 The term "Claim" means a written demand or assertion by the Design -
Build Entity seeking an adjustment or interpretation of the terms of the Contract Documents,
payment of money, extension of time, or other relief with respect to the Contract
Documents, including a determination of disputes or matters in question between the City
and the Design -Build Entity arising out of or related to the Contract Documents or the
performance of work on the Project, and claims alleging an unforeseen condition or an act,
error or omission bythe City, the City's Representative, their agents or employees. However,
the term "Claim" shall not include, and the Claims procedures provided under this Article 4
shall not apply to the following:
(a) Claims respecting penalties for forfeitures prescribed by
statute or regulation that a government agency is specifically authorized to administer,
settle, or determine.
(b) Claims respecting personal injury, death, reimbursement, or
other compensation arising out of or resulting from liability for personal injury or death.
guarantee to repair.
(c) Claims respecting a latent defect, breach of warranty, or
(d) Claims respecting stop notices.
4.3.2 If a Claim is subject to the procedures specified in Paragraph 4.2, the
Claim arises upon the issuance of a written final decision denying in whole or in part the
Design -Build Entity's Change Order Request. If a Claim is not subject to the procedures
specified in Paragraph 4.2, the Claim arises when the Design -Build Entity discovers, or
reasonably should discover, the condition or event giving rise to the Claim (even if the
Design -Build Entity has not been damaged, delayed, or incurred extra costwhen the Design-
24347.00600\31594337.2 28 GENERAL CONDITIONS
Build Entity discovers, or reasonably should discover, the condition or event giving rise to
the Claim).
4.3.3 A Claim not subject to the procedures specified in Paragraph 4.2 may
be asserted if, and only if, the Design -Build Entity gives a valid written notice of intent to file
the Claim within ten (10) calendar days of the date the Claim arises under Subparagraph
4.3.2. A written notice of intent to file a Claim will be deemed valid, if and only, if it identifies
the event or condition giving rise to the Claim and states its probable effect, if any, with
respect to the Design -Build Entity's entitlement to an adjustment of the Contract Price
and/or the Contract Time.
4.4 ASSERTION OF CLAIMS
4.4.1 Claims by the Design -Build Entity shall be first submitted to the City's
Representative for decision.
4.4.2 Notwithstanding the making of any Claim or the existence of any
dispute regarding any Claim, unless otherwise directed by the City's Representative, the
Design -Build Entity shall not delay, cease, or terminate performance of work on the Project,
but shall diligently proceed with performance of the work in accordance with the Contract
Documents. The City will continue to make payments in accordance with the Contract
Documents.
4.4.3 The Design -Build Entity shall submit a Claim in writing, together with
the supporting data specified herein, to the City's Representative as soon as possible but
not later than thirty (30) days after the Date the Claim arises under Subparagraph 4.3.2.
4.4.4 The Design -Build Entity agrees that strict compliance with the
requirements of Article 4 is an express condition precedent to the Design -Build Entity's right
to arbitrate or litigate a Claim.
4.5 DECISION OF THE CITY'S REPRESENTATIVE ON CLAIMS
The City's Representative will timely review Claims submitted by the Design -Build
Entity and render a decision in accordance with the timelines specified in Paragraph 4.6.
The decision of the City's Representative regarding the disposition of a Claim shall be final
and conclusive and shall not be appealable administratively.
4.6 RESOLUTION OF CLAIMS
4.6.1 In addition to any other requirements set forth in the Contract, all
Claims shall be filed in accordance with the statutory claim resolution procedures set forth
in Public Contract Code sections 9204 and 20104 et seq., the implementation of which is
set forth in this Section. The failure to timely submit a notice of delay or notice of change, or
to timely request a change in price or time, or to timely provide any other notice or request
24347.00600\31594337.2 29 GENERAL CONDITIONS
required herein shall constitute a waiver of the right to further pursue the Claim under the
Contract or at law.
4.6.2 Effective January 1, 1991, Section 20104 et seq., of the California
Public Contract Code prescribes a process utilizing informal conferences, non -binding
judicial supervised mediation, and judicial arbitration to resolve disputes on construction
claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract
Code prescribes a process for negotiation and mediation to resolve disputes on
construction claims. The intent of this Section is to implement Sections 20104 et seq. and
Section 9204 of the California Public Contract Code. This Section shall be construed to be
consistent with said statutes.
4.6.3 The Design -Build Entity shall submit all Claims in accordance with the
following format:
(a) A statement that it is a Claim and a request for a decision
pursuant to Paragraph 4.5
(b) Summary of Claim merit and price, reference Contract
provisions pursuant to which the Claim is made (ensure Claim includes a detailed
description of the act, error, omission, unforeseen condition, event or other condition giving
rise to the Claim)
(c) If the Claim is subject to the procedures specified in Paragraph
4.2, a statement demonstrating that a Change Order Request was timely submitted as
required by Subparagraph 4.2.4. If the Claim is not subject to the procedures specified in
Paragraph 4.2, a statement demonstrating that a valid notice of intent to file the Claim was
timely submitted as required by Subparagraph 4.3.3.
(d) List of documents relating to the Claim:
(i) Specifications
(ii) Drawings
(iii) Clarifications (Requests for Information)
(iv) Schedules
(v) Other
(e) Chronology of events and correspondence
(f) Analysis of Claim merit
24347.00600\31594337.2 30 GENERAL CONDITIONS
(i) If the Claim involves Extra Work, a detailed cost
breakdown of the amounts claimed, including the items specified in Subparagraph 7.3.2.
The breakdown must be provided even if the costs claimed have not been incurred when the
Claim is submitted. To the extent costs have been incurred when the Claim is submitted,
the Claim must include actual cost records (including without limitation, payroll records,
material and rental invoices and the like) demonstrating that costs claimed have actually
been incurred. To the extent costs have not yet been incurred at the time the Claim is
submitted, actual cost records must be submitted on a current basis not less than once a
week during any periods costs are incurred. A cost record will be considered current if
submitted within 7 days of the Date the cost reflected in the record is incurred. Atthe request
of the City's Representative, claimed extra costs may be subject to further verification
procedures (such as having an inspector verify the performance of alleged extra work on a
daily basis).
(ii) If the Claim involves an extension of the Contract Time,
written documentation demonstrating the Design -Build Entity's entitlement to a time
extension under Paragraph 8.4.
(iii) If the Claim involves an adjustment of the Contract Price
for an Excusable delay, written documentation demonstrating the Design -Build Entity's
entitlement to such an adjustment under Subparagraph 7.3.9.
(g) Analysis of Claim cost
(h) Time impact analysis in CPM format
4.6.4 Upon receipt of a Claim pursuant to this Article, City shall conduct a
reasonable review of the Claim and, within a period not to exceed 45 Days, shall provide the
Design -Build Entity a written statement identifyingwhat portion of the Claim is disputed and
what portion is undisputed. Any payment due on an undisputed portion of the Claim will be
processed and made within 60 Days after the City issues its written statement.
(a) If the City needs approval from its governing body to provide the
Design -Build Entity a written statement identifying the disputed portion and the undisputed
portion of the Claim, and the City's governing body does not meet within the 45 Days or
within the mutually agreed to extension of time following receipt of a Claim sent by
registered mail or certified mail, return receipt requested, the City shall have up to three
Days following the next duly publicly noticed meeting of the City's governing body after the
45-Day period, or extension, expires to provide the Design -Build Entity a written statement
identifyingthe disputed portion and the undisputed portion.
(b) Within 30 Days of receipt of a Claim, the City may request in
writing additional documentation supporting the Claim or relating to defenses or claims the
City may have against the Design -Build Entity. If additional information is thereafter
required, it shall be requested and provided pursuant to this subdivision, upon mutual
24347.00600\31594337.2 31 GENERAL CONDITIONS
agreement of City and the Design -Build Entity. The City's written response to the Claim, as
further documented, shall be submitted to the Design -Build Entity within 30 Days (if the
Claim is less than $15,000, within 15 Days) after receipt of the further documentation, or
within a period of time no greater than that taken by the Design -Build Entity in producing the
additional information or requested documentation, whichever is greater.
4.6.5 If the Design -Build Entity disputes the City's written response, or the
City fails to respond within the time prescribed, the Design -Build Entity may so notify the
City, in writing, either within 15 Days of receipt of the City's response or within 15 Days of
the City's failure to respond within the time prescribed, respectively, and demand in writing
an informal conference to meet and confer for settlement of the issues in dispute. Upon
receipt of a demand, the City shall schedule a meet and confer conference within 30 Days
for settlement of the dispute.
4.6.6 Within 10 business Days following the conclusion of the meet and
confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall
provide the Design -Build Entity a written statement identifying the portion of the Claim that
remains in dispute and the portion that is undisputed. Any payment due on an undisputed
portion of the Claim shall be processed and made within 60 Days after the City issues its
written statement. Any disputed portion of the Claim, as identified bythe Design -Build Entity
in writing, shall be submitted to nonbinding mediation, with the City and the Design -Build
Entity sharing the associated costs equally. The City and Design -Build Entity shall mutually
agree to a mediatorwithin 10 business Days afterthe disputed portion of the Claim has been
identified in writing, unless the parties agree to select a mediator at a later time.
(a) If the parties cannot agree upon a mediator, each party shall
select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the Claim. Each party shall bear the fees and costs
charged by its respective mediator in connection with the selection of the neutral mediator.
(b) For purposes of this section, mediation includes any
nonbinding process, including, but not limited to, neutral evaluation or a dispute review
board, in which an independent third party or board assists the parties in dispute resolution
through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to
the timeframes in this section.
(c) Unless otherwise agreed to by the City and the Design -Build
Entity in writing, the mediation conducted pursuant to this section shall excuse any further
obligation under Public Contract Code Section 20104.4 to mediate after litigation has been
commenced.
(d) The mediation shall be held no earlier than the date the Design -
Build Entity completes the Work or the date that the Design -Build Entity last performs Work,
whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation,
unless a new unrelated Claim arises after mediation is completed.
24347.00600\31594337.2 32 GENERAL CONDITIONS
4.6.7 If following the mediation, the Claim or any portion remains in dispute,
the Design -Build Entity must file a claim pursuant to Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code prior to initiating litigation. For purposes of those provisions, the running
of the period of time within which a claim must be filed shall be tolled from the time the
Design -Build Entity submits his or her written Claim pursuant to this Article 4 until the time
the Claim is denied, including any period of time utilized bythe meet and confer conference.
4.6.8 The following procedures are established for all civil actions filed to
resolve claims of $375,000 or less:
(a) Within 60 Days, but no earlier than 30 Days, following the filing
or responsive pleadings, the court shall submit the matter to non -binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to
commencement of the action in accordance with Public Contract Code section 9204 and
the terms of this Contract. The mediation process shall provide for the selection within 15
Days by both parties of a disinterested third person as mediator, shall be commenced within
30 Days of the submittal, and shall be concluded within 15 Days from the commencement
of the mediation unless a time requirement is extended upon a good cause showing to the
court.
(b) If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this
subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter
2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A)
arbitrators shall, when possible, be experienced in construction law, and (B) any party
appealing an arbitration award who does not obtain a more favorable judgment shall, in
addition to payment of costs and fees under that chapter, also pay the attorney's fees on
appeal of the other party.
4.6.9 In addition to any and all Contract requirements pertaining to notices
of and requests for compensation or payment for extra Work, disputed Work, construction
claims and/or changed conditions, the Design -Build Entity must comply with the claim
procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit
against the City. Such Government Code claims and any subsequent lawsuit based upon
the Government Code claims shall be limited to those matters that remain unresolved after
all procedures pertaining to extra Work, disputed Work, construction claims, and/or
changed conditions have been followed by Design -Build Entity. If no such Government
Code claim is submitted, or if the prerequisite contractual requirements are not satisfied,
no action against the City may be filed. A Government Code claim must be filed no earlier
than the date the Work is completed or the date the Design -Build Entity last performs Work
24347.00600131594337.2 33 GENERAL CONDITIONS
on the Project, whichever occurs first. A Government Code claim shall be inclusive of all
unresolved Claims unless a new unrelated Claim arises afterthe Government Code claim is
submitted.
4.7 NO WAIVER
4.7.1 A waiver of, or failure by, the City or the City's Representative to
enforce any requirement in this Article 4, in connection with any Claim shall not constitute
a waiver of, and shall not preclude the City or the City's Representative from enforcing such
requirements in connection with any other Claims.
4.7.2 The Design -Build Entity agrees and understands that no oral approval,
either express or implied, of any Claim shall be binding upon the City unless and until such
approval is ratified by execution of a written Change Order.
ARTICLE 5: SUBCONTRACTORS
5.1 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
5.1.1 All subcontractors shall be retained in compliance with the
requirements of the RFP. All subcontractors shall be afforded the applicable protections of
the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et
seq.), the Design -Build Entity shall not, without the written consent of the City: substitute
any person or entity as a Subcontractor in place of a Subcontractor designated in the
Design -Build Entity's original proposal or subsequently awarded a first tier subcontract from
the Design -Build Entity; permit any such subcontract to be assigned or transferred, or allow
it to be performed by any person or entity other than the original Subcontractor listed in the
Design -Build Entity's original or subsequently awarded a first tier subcontract from the
Design -Build Entity. Any such assignment or substitution made without the prior written
consent of the awarding authority or not in compliance with the Subletting and
Subcontracting Fair Practices Act shall be void, and the assignees shall acquire no rights in
the Contract. Any consent, if given, shall not relieve the Design -Build Entity or its
Subcontractors from their obligations under the terms of the Contract. All requests by the
Design -Build Entity for substitution will be handled through the City's Representative.
5.1.2 The City have the right to request all documentation that supports the
Design -Build Entity's selection of a Subcontractor. The City shall have the right of final
approval as to the qualifications of a Subcontractor to perform its designated scope of work.
Within the City's sole discretion, any Subcontractor may be deemed not qualified to perform
work on the Project if the City or the City's Representative determines that the
Subcontractor fails to meet the requirements of the Contract Documents, or for any other
reason.
24347.00600\31594337.2 34 GENERAL CONDITIONS
5.1.3 Any increase in the cost of the work on the Project resulting from the
replacement or substitution of a Subcontractor or as required by the City or the City's
Representative, shall be borne solely by the Design -Build Entity. The Design -Build Entity
shall not be entitled to any increase in Contract Price or an extension of Contract Time due
to such replacement or substitution.
5.1.4 The Design -Build Entity shall require, in each subcontract for any
portion of work on the Project, the Subcontractor to indemnify the City, its Consultants,
representatives, directors, officers, agents and employees, pursuant to the provisions set
forth in Paragraph 3.30.
5.2 SUBCONTRACTOR RELATIONS
5.2.1 Any part of the work on the Project performed for the Design -Build
Entity by a Subcontractor shall be pursuant to a written subcontract. Each such subcontract
shalt require the Subcontractor, to the extent of the work to be performed by the
Subcontractor, to be bound to the Design -Build Entity by the terms of the Contract
Documents, to assume toward the Design -Build Entity all the obligations and
responsibilities which the Design -Build Entity assumes towards the City by the Contract
Documents, and to perform such portion of the work on the Project in accordance with the
Contract Documents. Each such subcontract shall preserve and protect the rights of the
City under the Contract Documents, with respect to the work to be performed by
Subcontractor, so that subcontracting thereof will not prejudice such rights. Where
appropriate, the Design -Build Entity shall require each Subcontractor to enter into similar
agreements with Sub -Subcontractors. The Design -Build Entity shall make available to each
proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the
Contract to which the Subcontractor will be bound. Subcontractors shall similarly make
copies of applicable portions of such documents available to their respective proposed
Sub -Subcontractors. The Design -Build Entity shall cause each such subcontract to
expressly include the following requirements:
(a) Subcontractor waives all rights that Subcontractor may have
against the City for damages caused by fire or other perils covered by builder's risk property
insurance carried by Design -Build Entity or the City, except for such rights Subcontractor
may have to the proceeds of such insurance held by the City under Article 11.
(b) The City and entities and agencies designated by the City will
have access to and the right to audit and the right to copy at the City's cost all of
Subcontractor's books, records, contracts, correspondence, instructions, drawings,
receipts, vouchers, purchase orders, and memoranda relating to work on the Project.
Subcontractor shall preserve all such records and other items for a period of at least 3 years
after Final Completion.
(c) The Design -Build Entity is responsible for reviewing and
coordinating the work of and among his subcontractors and the Design Professional of
24347.00600\31594337.2 35 GENERAL CONDITIONS
Record. This review and coordination includes, but is not limited to, resolution of any
inconsistencies, errors or omissions.
5.2.2 Upon the request of the City, the Design -Build Entity shall promptly
furnish to the City a true, complete, and executed copy of any subcontract.
5.2.3 Nothing contained in the Contract Documents shall create any
contractual relationship between any Subcontractor and the City.
ARTICLE 6: CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS
6.1 THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS
6.1.1 The City reserve the right to award separate contracts for, or to perform
with its own forces, construction or operations related to the work or other construction or
operations at or affecting the Project site, including portions of work on the Project which
have been deleted by Change Order. The Design -Build Entity shall cooperate with the City's
forces and Separate Contractors.
6.1.2 The City will provide coordination of the activities of the City's forces
and of each Separate Contractor with the work of the Design -Build Entity. The Design -Build
Entity shall participate with the City and Separate Contractors in joint review of construction
schedules and Project requirements when directed to do so. The Design -Build Entity shall
make necessary revisions to the Contract Schedule after such joint review.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Design -Build Entity shall afford the City and Separate Contractors
reasonable opportunity for introduction and storage of their materials and equipment and
performance of their activities. The Design -Build Entity shall connect, schedule, and
coordinate its construction and operations with the construction and operations of the City
and Separate Contractors as required by the Contract Documents.
6.2.2 If a portion of the work on the Project is dependent upon the proper
execution or results of other construction or operations by the City or Separate Contractors,
the Design -Build Entity shall inspect such other design or construction or operations before
proceeding with that portion of the work on the Project. The Design -Build Entity shall
promptly report to the City's Representative apparent discrepancies or defects which
render the other design, construction or operations unsuitable to receive the work on the
Project. Unless otherwise directed by the City's Representative, the Design -Build Entity
shall not proceed with the portion of the work on the Project affected until apparent
discrepancies or defects have been corrected. Failure of the Design -Build Entity to so report
within a reasonable time after discovering such discrepancies or defects shall constitute an
acknowledgment that the other construction or operations by the City or Separate
24347.00600\31594337.2 36 GENERAL CONDITIONS
Contractors is suitable to receive the work on the Project, except as to defects not then
reasonably discoverable.
ARTICLE 7: CHANGES IN THE SCOPE OF WORK
7.1 CHANGES
7.1.1 The City may, from time to time, order or authorize additions,
deletions, and other changes in the Scope of Work by Change Order or Field Order without
invalidating the Contract and without notice to sureties. Absence of such notice shall not
relieve such sureties of any of their obligations to the City.
7.1.2 The Design -Build Entity may request a Change Order under the
procedures specified in Paragraph 4.2.
7.1.3 A Field Order, as defined below, may be issued by the City, does not
require the agreement of the Design -Build Entity, and shall be valid with or without the
signature of the Design -Build Entity.
7.1.4 The Design -Build Entity shall proceed promptly with any changes in the
Scope of Work, unless otherwise provided in the relevant Change Order, Owner Directed
Change Order or Field Order.
7.2 DEFINITIONS
7.2.1 A Change Order becomes a Contract Document when, (i) it is an Owner
Directed Change Order as described in Section 7.2.2; or (ii) after it has been signed by both
the City and the Design -Build Entity, and states their agreement upon all of the following:
(a) A change in the Scope of Work, if any.
(b) The amount of an adjustment of the Contract Price, billed as
Extra Work pursuant to Attachment 1 to the Contract, if any.
(c) The amount of an adjustment of the Contract Time, if any.
7.2.2 An Owner Directed Change Order is a type of Change Order which may
be issued by the City and incorporated into the Contract Documents without the Design -
Build Entity's signature, where the City determine that it is in the City's best interest to adjust
the Contract Price and/or Contract Time as the City believe necessary, even though no
agreement has been reached between the City and the Design -Build Entity.
7.2.3 A Field Order is a preliminary to a Change Order that describes a
change in the Scope of the Work, the estimated adjustments of the Contract Price and/or
the Contract Time, if any, and orders a change in the Scope of Work before all of the terms
of the change are fully agreed upon by the City and the Design -Build Entity. A Field Order
24347.00600\31594337.2 37 GENERAL CONDITIONS
must eventually be memorialized as a Change Order or an Owner Directed Change Order
and incorporated into the Contract Documents.
7.3 CHANGE ORDER PROCEDURES
7.3.1 When requested by the City's Representative, the Design -Build Entity
shall provide promptly, but in no event longer than seven (7) days from the date of the
request, a Cost Proposal settingforth the Design -Build Entity's proposed adjustments of the
Contract Price and/or the Contract Time, if any, for performing the proposed change in the
Scope of Work. Adjustments of the Contract Price resulting from Extra Work and/or
deductive work shall be determined using one of the methods described in Article 7.
Adjustments of the Contract Time shall be subject to the provisions in Article 8.
7.3.2 The term "Cost of Extra Work" as used in this Article shall mean actual
costs incurred by the Design -Build Entity and each Subcontractor regardless of tier involved,
and shall be limited to the following (to the extent the Design -Build Entity demonstrates that
they were actually incurred):
(a) Overhead and Profit not to exceed 15% of the Cost of the Extra
Work (not more than 10% Overhead and 5% Profit) and straight time wages or salaries for
employees employed at the Project site, or at fabrication sites off the Project site, in the
direct performance of the Extra Work.
(b) Fringe Benefits and Payroll Taxes for employees employed at
the Project site,,or at fabrication sites off the Project site, in the direct performance of the
Extra Work.
(c) Overtime wages or salaries, specifically authorized in writing by
The City's Representative, for employees employed at the Project site, or at fabrication sites
off the Project site, in the direct performance of the Extra Work.
(d) Fringe Benefits and Payroll Taxes for overtime Work specifically
authorized in writing by the City's Representative, for employees employed at the Project
site, or at fabrication sites off the Project site, in the direct performance of the Extra Work.
5. Costs of materials and consumable items which are furnished and incorporated into the
Extra Work, as approved by the City's Representative. Such costs shall be charged at the
lowest price available to the Design -Build Entity but in no event shall such costs exceed
competitive costs obtainable from other subcontractors, suppliers, manufacturers, and
distributors in the area of the Project site. All discounts, rebates, and refunds and all returns
from sale of surplus materials and consumable items shall accrue to the City and the
Design -Build Entity shall make provisions so that they may be obtained.
(e) Sales taxes on the costs of materials and consumable items
which are incorporated into and used in the performance of the Extra Work.
24347.00600\31594337.2 38 GENERAL CONDITIONS
(f) Rental charges for necessary machinery and equipment,
whether owned or hired, as authorized in writing by the City's Representative, exclusive of
hand tools, used directly in the performance of the Extra Work. Such rental charges shall not
exceed the generally accepted rental rates for the area in which the work is performed. The
Design -Build Entity shall attach a copy of said schedule to the Cost Proposal. The charges
for any machinery and equipment shall cease when the use thereof is no longer necessary
for the Extra Work.
(g) Additional costs of royalties and permits due to the
performance of the Extra Work.
(h) Cost for revisions in the Schematic Design Documents or
Construction Documents, when such revisions are inconsistent with approvals or
instructions previously given by the City. Revisions made necessary by adjustments in the
City's program or project budget shall be computed at the hourly rates specified in the
Exhibits.
(i) The cost for Insurance and Bonds shall not exceed 1 % of items
(a) - (h) above.
7.3.3 Cost of Extra Work shall not include any of the following:
Superintendent(s), Assistant Superintendent(s), Project Engineer(s), Project Manager(s),
Scheduler(s), Estimator(s), incidental drafting or detailing, small tools (replacement value
does not exceed $300), office expenses including staff, materials and supplies, on site or off
site trailer and storage rental and expenses, site fencing, utilities including gas, electric,
sewer, water, telephone, facsimile, copier equipment, data processing personnel and
equipment, federal, state, or local business income and franchise taxes, overhead and
profit in excess 15% of the cost of the extra work (and of the 15% not more than 10% shall
consist of overhead and 5% of profit), costs and expenses of any kind or item not specifically
and expressly included in Section 7.3.2, and costs in excess of the hourly rates included in
the Design Professional of Record's Rate Schedule.
7.3.4 Compensation for Extra Work as an adjustment to the Contract Price,
authorized by Change Order shall be computed as specified in Attachment 2 of the Contract.
7.3.5 Asa condition to the Design -Build Entity's right to an adjustment of the
Contract Price, pursuant to Subparagraph 7.3.4, the Design -Build Entity must keep daily
detailed and accurate records itemizing each element of cost and shall provide
substantiating records and documentation, includingtime cards and invoices. Such records
and documentation shall be submitted to and approved by the City's Representative on a
daily basis.
7.3.6 For work to be deleted by Change Order, the reduction of the Contract
Price shall be computed on the basis of one or more of the following:
24347.00600\31594337.2 39 GENERAL CONDITIONS
(a) Unit prices stated in the Contract or an Attachment thereto.
(b) Unit prices agreed upon bythe City and the Design -Build Entity.
(c) A lump sum agreed upon by the City and the Design -Build
Entity, based upon the actual costs which would have been incurred in performing the
Deleted portions of the work on the Project as calculated in accordance with Subparagraphs
7.3.2 and 7.3.3.
7.3.7 If any one Change Order involves both Extra Work and deleted work in
the same portion of the work on the Project, the Contract Price shall not be increased if the
deductive cost exceeds the additive cost. If the additive cost exceeds the deductive cost, an
increase in the Contract Price will be allowed only on the difference between the two
amounts.
7.3.8 The Contract Price will be adjusted for a delay if, and only if, the Design -
Build Entity demonstrates that all of the following four conditions are met:
(a) Condition Number One: The delay results in an extension of the
Contract Time pursuant to Subparagraph 8.4.1.
(b) Condition Number Two: The delay is caused solely by one, or
more of the following:
(i) An error or omission in the Contract Documents caused
solely by the City and not as a result of the Design -Build Entity's failure to conform to criteria
documents, performance standards, Construction Documents, or Contract Documents; or
(ii) The City's decision to change the Scope of the Work,
where such decision is not the result of any default or misconduct of the Design -Build Entity;
or
(iii) The City's decision to suspend work on the Project,
where such decision is not the result of any default or misconduct of the Design -Build Entity;
or
(iv) The failure of the City or the City's Representative to
timely perform any contract obligation where the failure to so perform is not the result of any
default or misconduct of the Design -Build Entity.
delay that is:
(c) Condition Number Three: The delay is not concurrent with a
(i) Critical under Subparagraph 8.4.1.(b); and
24347.00600\31594337.2 40 GENERAL CONDITIONS
(ii) Caused by an event not listed in Subparagraph 7.3.8.(b)
above.
(d) Condition Number Four: The delay is not caused, in whole or in
part, by an event not listed in Subparagraph 7.3.8.(b) above.
7.3.9 For each day of delay that meets all four conditions prescribed in
Subparagraph 7.3.8 the Contract Price will be adjusted by the rates for Extra Work as
included in the Contract. Pursuant to Subparagraph 9.7.4, said rate shall not apply to delays
occurring after Substantial Completion.
7.3.10 Except as provided in Articles 7 and 8, the Design -Build Entity shall
have no claim for damage or compensation for any delay, interruption, hindrance, or
disruption.
7.3.11 If for any reason one or more of the conditions prescribed in
Subparagraph 7.3.4 is held legally unenforceable, the remaining conditions must be met as
a condition to obtaining an adjustment of the Contract Time under Subparagraph 7.3.8.
7.4 FIELD ORDERS
7.4.1 A Field Order as described in Subparagraph 7.2.3 above, maybe issued
by the City. If requested in writing, the Design -Build Entity shall promptly provide the City's
Representative with a Cost Proposal, setting forth the proposed adjustments of the Contract
Price and/or the Contract Time, if any, for performing the change in the Scope of Work. The
Field Order will be superseded by a Change Order which shall include the actual
adjustments, if any, of the Contract Price and the Contract Time, as welt as the change in
the Scope of Work.
7.4.2 A Field Order signed by the Design -Build Entity indicates the agreement
of the Design -Build Entity therewith, including the Design -Build Entity's agreement to the
proposed adjustments to the Contract Price and/or the Contract Time stated therein. Such
agreement shall be effective immediately and will be incorporated into a Change Order.
7.4.3 Upon receipt of a Field Order, the Design -Build Entity shall promptly
proceed with the change in the Scope of Work.
7.4.4 If the Design -Build Entity does not agree to the adjustment of the
Contract Price set forth in a Field Order, the amount shall be determined in accordance with
the provisions of Subparagraph 7.3.4 above; and the Design -Build Entity shall comply with
the provisions of Subparagraph 7.3.6 regarding records and documentation of actual costs.
7.5 VARIATION IN QUANTITY OF UNIT PRICE WORK
The City have the right to increase or decrease the quantity of any Unit price item for
which an estimated quantity is stated in the Bid Form/Design-Build Entity's proposal. The
24347.00600\31594337.2 41 GENERAL CONDITIONS
Design -Build Entity shall be required to provide all quantities requested by the City for the
prices provided in the proposal as incorporated into the Contract Documents.
7.6 NO WAIVER
7.6.1 A waiver of, or failure by, the City or the City's Representative to
enforce any requirement in this Article 7, including, without limitation, the requirements in
Subparagraphs 7.3.6, 7.3.8, 7.3.9, 7.3.10, or 7.3.11 in connection with anyadjustment of the
Contract Price, will not constitute a waiver of, and will not preclude the City, or the City's
Representative, from enforcing, such requirements in connection with any other
adjustments of the Contract Price.
7.6.2 The Design -Build Entity agrees and understands that no oral approval,
either express or implied, of any adjustment of the Contract Price by the City or its agents
shall be binding upon the City unless and until such approval is ratified by execution of a
written change order.
ARTICLE 8: CONTRACTTIME
8.1 COMMENCEMENT OF WORK ON THE PROJECT
The date of commencement of the Scope of Work shall be set forth in the Notice(s)
To Proceed. The date of commencement shall not be postponed bythe failure of the Design -
Build Entity, Subcontractors, or of persons or firms for whom the Design -Build Entity is
responsible, to act.
8.2 PROGRESS AND COMPLETION
8.2.1 By signing the Contract:
(a) The Design -Build Entity represents to the City that the Contract
Time is reasonable for performing the Scope of Work and that the Design -Build Entity is able
to perform and complete the Scope of Work within the Contract Time.
(b) The Design -Build Entity agrees that the City is purchasing the
right to have the Design -Build Entity present on the Project for the full duration of the time
period necessary to complete the Scope of Work described in the RFP.
8.2.2 The Design -Build Entity shall not, except by agreement or instruction of
the City in writing, commence operations on the Project site or elsewhere prior to the
effective date of insurance required by Article 11 to be furnished bythe Design -Build Entity.
The date of commencement and the Contract Time shall not be changed by the effective
date of such insurance.
8.2.3 The Design -Build Entity shall proceed expeditiously with adequate
forces and shall achieve full completion of the work by the Contract Time. If the City's
24347.00600\31594337.2 42 GENERAL CONDITIONS
Representative determines and notifies the Design -Build Entity that the Design -Build
Entity's progress is such that the Design -Build Entity will not achieve full completion of the
work by the Contract Time, the Design -Build Entity shall immediately and at no additional
cost to the City, take all measures necessary, including working such overtime, additional
shifts, Sundays, or holidays as may be required to ensure that the entire Project is
completed within the Contract Time. Upon receipt of such notice from the City's
representative, the Design -Build Entity shall immediately notify the City's Representative of
all measures to be taken to ensure full completion of the work within the Contract Time. The
Design -Build Entity shall reimburse the City for any extra costs or expenses (including the
reasonable value of any services provided by the City's employees) incurred by the City as
the result of such measures.
8.3 DELAY
8.3.1 There are only two kinds of delay, Excusable Delay and Unexcusable
Delay. Only Excusable Delay, that meets the requirements specified herein may result in the
adjustment of the Contract Time, and/or the Contract Price and may be compensated as
Extra Work as described below. All other delay(s) are Unexcusable, and except and only to
the extent provided otherwise in Articles 7 and 8, by signing the Contract, the Design -Build
Entity agrees:
(a) to bear the risk of Unexcusable Delays to completion of the
work on the Project; and
(b) that the Proposal was made with full knowledge of this risk.
8.3.2 In agreeing to bear the risk of Unexcusable Delays to completion of the
work on the Project, the Design -Build Entity understands that, except and only to the extent
provided otherwise in Articles 7 and 8, the occurrence of events that result in any delay in
completion of the Project shall not excuse the Design -Build Entity from its obligation to
achieve full completion of the Project within the Contract Time, and shall not entitle the
Design -Build Entity to an adjustment of the Contract Price.
8.4 ADJUSTMENT OF THE CONTRACT TIME FOR EXCUSABLE DELAY
8.4.1 The Contract Time will be extended for an Excusable Delay, if and only
if, the Design -Build Entity demonstrates that all of the following six conditions are met:
(a) Condition Number One: When the event causing the delay
commences, the Design -Build Entity has complied with all Contract requirements for
maintaining, submitting, and updating Contract Schedules.
(b) Condition Number Two: The delay is critical. A delay is critical if
and only to the extent it delays a work activity that cannot be delayed without delaying
completion of the entire Project beyond the contractually specified date for full completion
24347.00600\31594337.2 43 GENERAL CONDITIONS
of the work on the Project as stated in the Notice to Proceed, or as amended by Change
Order. Under this Subparagraph:
(i) If the Contract Schedule shows completion of the entire
Project before the contractually specified date for full completion of the Project, a delay is
critical if and only to the extent the delay pushes completion of the entire project to a date
that is beyond the contractually specified date for full completion of the Project.
(ii) When two or more delays occur concurrently, and each
such concurrent delay by itself without consideration of the other delays would be critical,
then all such concurrent delays shall be considered critical. For the purpose of determining
whether and to what extent the Contract Time should be adjusted pursuant to Subparagraph
8.4.2, such concurrent critical delays shall be treated as a single delay which commences
at the start of the delay that begins first and terminates at the cessation of the delay that
ends last.
(c) Condition Number Three: The delay is supported by the
Contract Schedule (or, if appropriate, the Preliminary Schedule), current at the
commencement of the event giving rise to the delay. A delay is supported only to the extent
the Contract Schedule (or, if appropriate, the Preliminary Schedule) corroborates that it
causes a delay to completion of the entire Project beyond the contractually specified date
for full completion because of its effect on the operation referred to in Subparagraph
8.4.1.(b). The requirement that a delay be supported will be excused if the event causing the
delay commences before approval of the Contract Schedule, provided that the absence of
an approved Contract Schedule is not due to the Design -Build Entity's failure to timely
submit an acceptable Proposed Contract Schedule.
(d) Condition Number Four: Within three (3) days of the date the
Design -Build Entity discovers or reasonably should discover an act, error, omission or
unforeseen condition causing the delay, (even if the Design -Build Entity has not been
delayed when the Design -Build Entity discovers or reasonably should discoverthe act, error,
omission or unforeseen condition giving rise to the delay) the Design -Build Entity submits a
timely Change Order Request that meets the requirements of Paragraph 4.2.
(e) Condition Number Five: The delay is not caused by:
(i) A naturally occurring unforeseen site condition not
anticipated in the Contract Documents or other written information provided by Owner (e.g.,
unanticipated naturally occurring rock or sand); or
(ii) The financial inability, misconduct or default of the
Design -Build Entity, a Subcontractor or supplier; or
(iii) The unavailability of materials or parts, as long as such
materials or parts were timely ordered by Design -Build Entity; or
24347.00600\31594337.2 44 GENERAL CONDITIONS
(iv) An error or omission in the Contract Documents caused
by the Design -Build Entity or the Design -Build Entity's Design Consultants.
(f) Condition Number Six: The delay is caused by:
(i) Fire; or
(ii) Strikes, boycotts, or like obstructive actions by
employees or labor organizations; or
(iii) Acts of God, including earthquakes in excess of a
magnitude of 3.5 on the Richter Scale, tidal waves, floods, unusually severe weather,
epidemic, or other severe natural disaster; or
(iv) A man made (not naturally occurring) unforeseen site
condition such as buried utility lines, pipes, and the like; or
(v) An error or omission in the Contract Documents caused
by the City; or
(vi) The City's decision to change the Scope of Work, where
such decision is not the result of any default or misconduct of the Design -Build Entity; or
(vii) The City's decision to suspend the work on the Project,
where such decision is not the result of any default or misconduct of the Design -Build Entity;
or
(viii) The failure of the City or the City's representative to
timely perform any Contract obligation unless such failure is due to the Design -Build Entity's
default or misconduct.
8.4.2 If and only if a delay meets all six conditions prescribed in
Subparagraph 8.4.1, then the Contract Time will be extended by the number of days
completion of the entire Project is delayed beyond the Contract Time for completion of the
Project.
8.4.3 If for any reason one or more of the six conditions prescribed in
Subparagraph 8.4.1 is held legally unenforceable, then all remaining conditions must be
met as a condition to obtaining an extension of the Contract Time under Subparagraph 8.4.2.
8.5 COMPENSATION FOR EXTRA WORK DUE TO EXCUSABLE DELAY
8.5.1 To the maximum extent allowed by law, any adjustment of the Contract
Price as the result of Excusable Delays shall be limited to the amounts specified in Article 7.
24347.00600\31594337.2 45 GENERAL CONDITIONS
8.5.2 By signing the Contract, the parties agree that the City has the right to
do any or all of the following, which are reasonable and within the contemplation of the
parties:
(a) To order changes in the Scope of Work, regardless of the extent
and number of changes, including without limitation:
(i) Changes to correct errors or omissions caused by the
City, if any, in the Contract Documents.
(ii) Changes resultingfrom the City's decision to change the
Scope of the Work subsequent to execution of the Contract.
(iii) Changes due to unforeseen conditions.
(b) To suspend work on the Project or any part thereof.
(c) To delay work on the Project, including without limitation,
delays resultingfrom the failure of the City orthe City's Representative to timely perform any
Contract obligation and delays for The City's convenience.
8.6 NO WAIVER
A waiver of, or failure by, the City or the City's Representative to enforce any
requirement in this Article 8, including without limitation the requirements in Paragraph 8.4,
in connection with any or all past delays shall not constitute a waiver of, and shall not
preclude the City or the City's Representative from enforcing, such requirements in
connection with any present or future delays.
The Design -Build Entity agrees and understands that no oral approval, either express
or implied, of any time extension by the City or its agents shall be binding upon the City
unless and until such approval is ratified by execution of a written Change Order.
ARTICLE 9: PAYMENTS AND COMPLETION
9.1 COST BREAKDOWN/SCHEDULE OF VALUES
Within ten (10) days after commencement of each phase of the Scope of Work, the
Design -Build Entity shall submit to the City's Representative a detailed Cost
Breakdown/Schedule of Values ("Cost Breakdown") of the portion of the Contract Price
applicable to that phase of the work in a form reasonably approvable to the City. Each such
Cost Breakdown shall itemize as separate line items the cost of each work activity for the
applicable phase and all associated costs, including but not limited to warranties, as built
documents, overhead expenses, and the total allowance for profit. Insurance and bonds
shall each be listed as separate line items. The total of all line items shall at all times be
consistent with the Contract Price. The Cost Breakdown, when approved by the City's
24347.00600\31594337.2 46 GENERAL CONDITIONS
Representative, shall become part of the Contract Documents and shall be the basis for
determining the cost of the work performed for the Design -Build Entity's Applications for
Payment.
9.2 PROGRESS PAYMENT
9.2.1 The City agrees to pay monthly to the Design -Build Entity, subject to
Subparagraph 9.4.2, an amount equal to 95% of the sum of the following:
(a) Cost of the Construction Work in permanent place as of the end
of the preceding month.
(b) Cost of materials not yet incorporated in the Construction
Work, subject to Subparagraph 9.3.5.
(c) Less amounts previously paid.
(d) During the Design Work, the City shall pay the Design -Build
Entity monthly a uniform amount prorated, based on the Contract Time and Contract Price
associated with either Schematic Design or Construction Documents Phase.
9.2.2 At anytime after 50% of the work on the Project has been completed,
if the City finds that satisfactory progress of the work on the Project is being made, the City
may, at its sole discretion, make any of the remaining progress payments in full.
9.3 APPLICATION FOR PAYMENT
9.3.1 On or before the 10th day of the month or such other date as is
established by the Contract Documents, the Design -Build Entity shall submit to the City's
Representative an itemized Application For Payment, for the cost of the work in permanent
place, as approved by the City's Representative, which has been completed in accordance
with the Contract Documents as of the last day of the preceding month, less amounts
previously paid. The Application For Payment shall be prepared as follows:
(a) In a form approved by the City.
(b) Itemized in accordance with the Cost Breakdown as applicable.
(c) Include such data substantiating the Design -Build Entity's right
to payment as the City's Representative may reasonably require, such as invoices, certified
payrolls, daily time and material records, and, if securities are deposited in lieu of retention
pursuant to Paragraph 9.5, a certification of the market value of all such securities as of a
date not earlier than 5 days prior to the date of the Application For Payment as applicable.
(d) Itemized retention.
24347.00600\31594337.2 47 GENERAL CONDITIONS
9.3.2 Applications For Payment shall not include requests for payment on
account of (1) changes which have not been authorized by Change Orders or (2) amounts
the Design -Build Entity does not intend to pay a Subcontractor because of a dispute or other
reason.
9.3.3 If required by the City, an Application For Payment shall be
accompanied by (1) a summary showing payments that will be made to Subcontractors
covered by such application and (2) unconditional waivers and releases of claims and stop
notices, in the form contained in the Exhibits, from each Subcontractor listed in the
preceding Application For Payment covering sums disbursed pursuant to that preceding
Application For Payment.
9.3.4 The Design -Build Entity warrants that, upon submittal of an Application
For Payment, all work on the Project, for which Certificates For Payment have been
previously issued and payment has been received from the City, shall be free and clear of all
claims, stop notices, security interests, and encumbrances in favor of the Design -Build
Entity, Subcontractors, or other persons or firms entitled to make claims by reason of having
provided labor, materials, or equipment relating to work on the Project.
9.3.5 At the sole discretion of the City, the City's Representative may
approve for inclusion in the Application For Payment the cost of materials not yet
incorporated in the Construction Work but already delivered and suitably stored either at
the Project site or at some other appropriate location acceptable to the City's
Representative. In such case, the Design -Build Entity shall furnish evidence satisfactory to
the City's Representative (1) of the cost of such materials and (2) that such materials are
under the exclusive control of the Design -Build Entity. Only materials to be incorporated in
the work on the Project will be considered for payment. The City may require as a condition
of payment for any stored materials that the Design -Build Entity execute a Security
Agreement and UCC-1. Any payment shall not be construed as acceptance of such
materials nor relieve the Design -Build Entity from sole responsibility for the care and
protection of such materials; nor relieve the Design -Build Entity from risk of loss to such
materials from any cause whatsoever; nor relieve the Design -Build Entityfrom its obligation
to complete the work on the Project in accordance with the Contract; nor act as a waiver of
the right of the City to require fulfillment of all terms of the Contract.
9.4 APPROVAL OF CERTIFICATE FOR PAYMENT BY CITY
9.4.1 If the Design -Build Entity has made Application for Payment in
accordance with Paragraph 9.3, the City's Representative shall, not later than 5 days after
the Date of receipt of the Application For Payment, review and approve the Application For
Payment for such amount as the City's Representative determines to be properly due.
9.4.2 The City may decide to withhold payment in whole, or in part, to the
extent reasonably necessary to protect the City if, in the City's opinion, the representations
to the City required of the Design -Build Entity pursuant to the Contract Documents cannot
24347.00600131594337.2 48 GENERAL CONDITIONS
be made. Failure by the City to deduct any sums from a progress payment shall not
constitute a waiver of the City's right to such sums. The City may keep any moneys which
would otherwise be payable at any time hereunder and apply the same, or so much as may
be necessary therefore, to the payment of any expenses, losses, or damages as determined
bythe City, incurred by the City forwhich the Design -Build Entity is liable under the contract.
For instance, the City may withhold payment, in whole or in part, to such extent as may be
necessary to protect the City from loss because of:
(a) Failure to provide requested supporting documents, including
those noted in Section;
(b) Defective work not timely remedied;
(c) Stop Notices. If any Stop Notice or other lien is filed on the
Project for labor, materials, supplies, equipment or any other thing of value claimed to have
been furnished to or incorporated into the work on the Project, or for other alleged
contribution thereto, the City shall retain from payments otherwise due the Design -Build
Entity, in addition to other amounts properly withheld under this Section or under other
provisions of the Contract, an amount equal to 125 percent (125%) of the amount claimed
under such Stop Notice; provided, however, that the City may release such funds upon
receipt of evidence satisfactory to the City to the effect that the Design -Build Entity has
resolved such claim, by settlement, Stop Notice Bond or otherwise. All other provisions of
state law with respect to stop notices shall also apply;
(d) Liquidated damages assessed against the Design -Build Entity;
(e) Reasonable doubt that the work on the Project can be
completed for the unpaid balance of any Contract Price or within the Contract Time;
(f) Damage to the City, another the Design -Build Entity, or
subcontractor, including any sums expended by or on behalf of the City in performing any of
the Design -Build Entity's obligations under the Contract which the Design -Build Entity has
failed to perform or has performed inadequately;
Entity;
(g) Unsatisfactory prosecution of the work by the Design -Build
(h) Failure to store and properly secure materials;
(i) Failure of the Design -Build Entity to submit on a timely basis,
proper and sufficient documentation required by the Contract, including, without limitation,
monthly progress schedules, shop drawings, submittal schedules, schedule of values,
product data and samples, proposed product lists, executed change orders, and verified
re po rts;
(j) Failure of the Design -Build Entity to maintain record drawings;
24347.00600\31594337.2 49 GENERAL CONDITIONS
(k) Erroneous estimates by the Design -Build Entity of the value of
the work on the Project performed, or other false statements in an Application for Payment;
(1) Unauthorized deviations from the Contract Documents;
(m) Failure of the Design -Build Entity to prosecute the work on the
Project in a timely manner in compliance with established progress schedules and
completion dates; or
(n) Forfeiture of funds pursuant to California Labor Code Section
1727. The City shall retain and transfer those funds pursuant to California Labor Code
Section 1730.
9.4.3 Subject to the withholding provisions of Subparagraph 9.4.2, the City
will pay the Design -Build Entity the amount set forth in the Application For Payment no later
than 15 days after the approval of the Application For Payment by the City's Representative
as described in section 9.4.1 above.
9.4.4 Neither the City nor the City's Representative will have an obligation to
pay or to see to the payment of money to a Subcontractor, except as may otherwise be
required bylaw.
9.4.5 Neither an approved Application For Payment nor a progress payment
made by the City will constitute acceptance of Defective Work.
9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF
RETENTION INTO ESCROW
9.5.1 At the request and expense of the Design -Build Entity, a substitution of
securities may be made for any monies retained by the City under Paragraph 9.2 to ensure
performance under the Contract Documents. Securities equivalent in value to the retention
amount required by the Contract Documents for each Certificate For Payment shall be
deposited by the Design -Build Entity with a state or federally chartered bank in the State of
California ("Escrow Agent'), which shall hold such securities pursuant to the escrow
Contract referred to in Subparagraph 9.5.3 until final payment is due in accordance with
Paragraph 9.8. Securities shall be valued as often as conditions of the securities market
warrant, but in no case less than once per month. The Design -Build Entity shall deposit
additional securities so that the current market value of the total of all deposited securities
shall be at least equal to the total required amount of retention.
9.5.2 Alternatively to Subparagraph 9.5.1, and at the request and expense of
the Design -Build Entity, the City will deposit retention directly with Escrow Agent. The
Design -Build Entity may direct the investment of such deposited retention into interest
bearing accounts or securities, and such deposits or securities shall be held by Escrow
Agent upon the same terms provided for securities deposited by the Design -Build Entity.
24347.00600\31594337.2 50 GENERAL CONDITIONS
9.5.3 A prerequisite to the substitution of securities in lieu of retention or the
Deposit of retention into escrow shall be the execution by the Design -Build Entity, the City,
and Escrow Agent of an Escrow Contract for Deposit of Securities in Lieu of Retention and
Deposit of Retention in the form contained in the Exhibits. The terms of such escrow
Contract are incorporated into the requirements of this Paragraph 9.5.
9.6 [RESERVED.]
9.7 [RESERVED.]
9.8 FINAL COMPLETION AND FINAL PAYMENT
9.8.1 Upon receipt of notice from the Design -Build Entity that the work on the
Project is ready for final inspection, the City's Representative will make such inspection.
Final Completion shall be when the City's Representative determines that the work on the
Project is fully completed and in accordance with the Contract Documents. The City intends
to file a Notice of Completion within 10 days after Final Completion. After receipt of the final
Application For Payment, if the City's Representative determines that Final Completion has
occurred, the City's Representative will issue the final Certificate For Payment.
9.8.2 Neither final payment nor any retention shall become due until the
Design -Build Entity submits the following items to the City's Representative:
(a) The final Application For Payment and all submittals required in
accordance with Paragraph 9.3.
(b) All guarantees and warranties procured by the Design -Build
Entityfrom Subcontractors, all operating manuals for equipment installed in the Project, As
built documents, and all other submittals required by the Contract Documents.
(c) The final payment shall be made, subject to the satisfaction of
all other legal conditions to final payment, no later than sixty (60) days after the filing of the
Notice of Completion.
9.8.3 Acceptance off inalpayment bythe Design- Build Entity shall constitute
a waiver of all claims, except those previously made in writing and identified by the Design -
Build Entity as unsettled at the time of the final Application For Payment, and Design -Build
Entity shall submit a waiver of all such claims, in a form reasonably acceptable to the City,
at the time of final payment.
24347.00600\31594337.2 51 GENERAL CONDITIONS
ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
The Design -Build Entity shall be solely responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the performance of the
Contract.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Design -Build Entity shall take adequate precautions for safety of
and shall provide adequate protection to prevent damage, injury, or loss to the following:
(a) Employees involved in the Construction Work and other
persons who may be affected thereby.
(b) The Construction Work in place and materials and equipment
to be incorporated therein, whether in storage on or off the Project site, under care, custody,
or control of the Design -Build Entity or Subcontractors.
(c) Other property at the Project site and adjoining property.
10.2.2 The Design -Build Entity shall erect and maintain, as required by
existing conditions and performance of the work on the Project, adequate safeguards for
safety and protection, including providing adequate lighting and ventilation, posting danger
signs and other warnings against hazards, promulgating safety regulations, and notifying
City and users of adjacent sites and utilities.
10.2.3 When use or storage of explosives, other hazardous materials,
equipment, or unusual methods are necessary for execution of the Construction Work, the
Design -Build Entity shall exercise the utmost care and carry on such activities only under
the supervision of properly qualified personnel.
10.2.4 The Design -Build Entity shall designate a responsible member of the
Design -Build Entity's organization at the Project site whose duty shall be the prevention of
accidents. That person shall be the Superintendent, unless otherwise designated by the
Design -Build Entity in writing to the City and the City's Representative.
10.2.5 The Design -Build Entity shall not load or permit any part of the
Construction Work or the Project site to be loaded so as to endanger the safety of persons
or property.
10.3 EMERGENCIES
In an emergency affecting the safety of persons or property, the Design -Build Entity
shall act to prevent or minimize damage, injury, or loss. The Design -Build Entity shall
24347.00600\31594337.2 52 GENERAL CONDITIONS
promptly notify the City's Representative, which notice may be oral followed by written
confirmation, of the occurrence of such an emergency and the Design -Build Entity's action.
ARTICLE 11: INSURANCE
11.1 THE DESIGN BUILD ENTITY'S INSURANCE
11.1.1 A letter from an insurance company indicating ability to provide
insurance for the services described in the RFP shall be submitted to the City's
Representative with submission of the Design -Build Entity's response to the RFP. Insurance
requirements are as follows:
(a) Minimum Scope of Insurance.
(i) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001).
(i i) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 0001, code 1 (any auto).
(iii) Workers' Compensation and Employers' Liability:
Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
(iv) Professional Liability: Professional Liability Insurance
insuring the that Design -Build Entity and all other persons for whose acts the Design -Build
Entity may be liable, against any and all liabilities arising out of or in connection with the
negligent acts, errors or omissions of any of the foregoing in connection with the carrying out
of their professional architectural or engineering responsibilities described in this Contract.
Professional Liability Insurance shall remain in full force and effect, and shall be so certified
to the City by the insurer, for a period of three (3) years after the termination of this Contract
and the completion of all of the Design -Build Entity's services hereunder,
(b) Minimum Limits of Insurance.
(i) General Liability: General Liability will be provided in the
following $4,000,000 per occurrence for bodily injury, personal injury and property damage,
as well as an excess Umbrella Liability policy in the amount of $4,000,000 covering the
above named perils. In either case, if Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this Project or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
24347.00600\31594337.2 53 GENERAL CONDITIONS
(iii) Workers' Compensation and Employers' Liability:
Workers' compensation limits as required by the Labor Code of the State of California.
Employers Liability limits of $1,000,000 per accident for bodily injury or disease. Waiver of
Subrogation: Any right of subrogation against the City, its elected officials, officers,
employees, volunteers, boards, agents, and representatives shall be waived.
(iv) Professional Liability Insurance: $5,000,000 per claim
and $10,000,000 in the aggregate. At all times during the performance of the work under this
Agreement the Consultant shall maintain professional liability or Errors and Omissions
insurance appropriate to its profession, in a form and with insurance companies acceptable
to the City and in an amount indicated herein. This insurance shall be endorsed to include
contractual liability applicable to this Agreement and shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the
Consultant. "Covered Professional Services" as designated in the policy must specifically
include work performed under this Agreement and delete any exclusion that may potentially
delete coverage for the workto be performed (e.g. any exclusions relatingto lead, asbestos,
pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). The
policy must "pay on behalf of" the insured and must include a provision establishing the
insurer's duty to defend.
(v) Contractors Pollution Legal Liability: $5,000,000 each
Loss and $10,000,000 in the aggregate for both sudden and accidental and gradual and
continuous pollution events. The Consultant shall maintain Contractors Pollution Legal
Liability covering all of the Consultant's operations to include onsite and offsite coverage for
bodily injury (including death and mental anguish), property damage, non -owned disposal
site liability, defense costs, cleanup costs, and pollution conditions that arise from or in
connection with the transportation (including loading and unloading) by or on behalf of the
Contractor, of any waste or waste materials off or awayfrom the project site. Coverage shall
be provided for both sudden and accidental and gradual and continuous pollution events.
The policy shall not exclude any hazardous materials for which there is exposure.
(vi) All Coverages: Each insurance policy required by this
RFP shall be endorsed to state that coverage shall not be canceled except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to the
City.
(c) Verification of Coverage. The Design -Build Entity shall provide
to City certificates of insurance and endorsements effecting coverage required by this
Contract. All insurance is to be placed with insurers with a current A.M. Best's rating no less
than A:VIII, licensed to do business in California, and satisfactory to the City. All insurance
required by this Section shalt also contain standard separation of insureds provisions and
shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents and volunteers. All policies shall contain a
provision stating that such policies are primary insurance and that the insurance of City or
24347.00600\31594337.2 54 GENERAL CONDITIONS
any named insured shall not be called upon to contribute to any loss. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf, and shall be on industry standard forms (such as an
ISO CG 2010 (or insurer's equivalent) signed by the insurer's representative, and a
certificate of insurance (Acord form 25-S or equivalent) with additional insured
endorsements attached, naming the City, its elected officials, officers, employees, and
agents as additional insureds, and in a form acceptable to the City. Consultant may provide
blanket endorsements to meet the Additional Insured requirement in this written contract.
However, all subcontractors' endorsements shall specifically name the City, its elected
officials, officers, employees, volunteers, boards, agents, and representatives as additional
insureds and blanket endorsements are not acceptable. All certificates and endorsements
must be received and approved by the City within five (5) calendar days of the date of the
Letter of Award. The City reserves the right to require complete, certified copies of all
required insurance policies, at anytime.
(d) Subcontractor Insurance Requirements. The Design -Build
Entity shall require each all Subcontractors and Subconsultant to meet the requirements of
this insurance section before commencing work except that the Design -Build Entity shall
determine the appropriate dollar amount of coverage required based on the scope of the
workto be performed bythe Subcontractor. In addition, the Design -Build Entityshall include
all subcontractors as insureds under its policies or shalt furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein. All subcontractors' endorsements shall specifically
name the City, its elected officials, officers, employees, volunteers, boards, agents, and
representatives as additional insureds and blanket endorsements are not acceptable.
(e) Builder's Risk "All -Risk" Insurance. The Design -Build Entity,
during the progress of the Project and until Final Acceptance of the Project by the City upon
completion of the Project, shall maintain Builder's Risk "All -Risk" Completed Value
Insurance Coverage on all insurable work included under the Contract Documents which
coverage is to provide extended coverage and insurance against vandalism and malicious
mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, collapse and flood
upon the Project, and including work completed and work in progress to the full insurable
value thereof. The Design -Build Entity's Builders Risk "All -Risk" Insurance shall include
coverage and insurance against the perils of earthquakes. Such insurance shall include the
City as an additional named insured, and any other person with an insurable interest
designated by the City as an additional named insured. The risk of damage to the Project due
to the perils covered by the Builder's Risk "All Risk" Insurance, as well as any other hazard
which might result in damage to the Project, is that of the Design -Build Entity and the surety,
and no claims for such loss or damage shall be recognized by the City, nor will such loss or
damage excuse the complete and satisfactory performance of the Project by the Design -
Build Entity.
24347.00600\31594337.2 55 GENERAL CONDITIONS
(f) Other Insurance. The Design -Build Entity shall provide all other
insurance required to be maintained under applicable laws, ordinances, rules, and
regulations.
ARTICLE 12: UNCOVERING AND CORRECTION OF CONSTRUCTION WORK
12.1 UNCOVERING OF WORK ON THE PROJECT
12.1.1 If a portion of the Construction Work is covered contrary to the City's
Representative's request or direction, or contrary to the requirements of the Contract
Documents, it must, if required in writing by the City's Representative, be uncovered for the
City's Representative's observation and be replaced at the Design -Build Entity's expense
without adjustment of the Contract Time or the Contract Price.
12.1.2 If a portion of the Construction Work has been covered, which is not
required by the Contract Documents to be observed or inspected prior to its being covered
and which the City's Representative has not specifically requested to observe prior to its
being covered, the City's Representative may request to see such Construction Work and it
shall be uncovered and replaced by the Design -Build Entity. If such Construction Work is in
accordance with the Contract Documents, the costs of uncovering and replacing the
Construction Work shall be added to the Contract Price by Change Order; and if the
uncovering and replacing of the Construction Work extends the Contract Time, an
appropriate adjustment of the Contract Time shall be made by Change Order. If such
Construction Work is not in accordance with the Contract Documents, the Design -Build
Entity shall pay such costs and shall not be entitled to an adjustment of the Contract Time
or the Contract Price.
12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR
PERIOD
The term "Guarantee To Repair Period" means a period of one (1) year as described
in Article 3.18 above, unless a longer period of time is specified elsewhere in the Contract
Documents, commencing as follows:
1. For any Construction Work not described as incomplete in the Certificate of
Substantial Completion, on the Date of Substantial Completion.
2. For space beneficially occupied or for separate systems fully utilized prior to
Substantial Completion pursuant to Paragraph 9.6, from the first date of such Beneficial
Occupancy or actual use, as established in a Certificate of Beneficial Occupancy.
3. For all Construction Work other than (1) or (2) above, from the Date of Final
Completion.
Nothing contained in this Article 12 shall be construed to establish a period of
Limitation with respect to other obligations of the Design -Build Entity under the Contract
24347.00600\31594337.2 56 GENERAL CONDITIONS
Documents. Establishment of the Guarantee To Repair Period relates only to the specific
obligation of the Design -Build Entity to correct the work on the Project and in no way limits
either the Design -Build Entity's liability for Defective Work or the time within which
proceedings may be commenced to enforce the Design -Build Entity's obligations under the
Contract Documents.
ARTICLE 13: TERMINATION OR SUSPENSION OF THE CONTRACT
13.1 TERMINATION BY THE CITY FOR CAUSE
13.1.1 The City will have the right to terminate the Contract for cause at any
time after the occurrence of any of the following events:
(a) The Design -Build Entity becomes insolvent or files for relief
under the bankruptcy laws of the United States.
(b) The Design -Build Entity makes a general assignment for the
benefit of its creditors or fails to pay its debts as the same become due.
(c) A receiver is appointed to take charge of the Design -Build
Entity's property.
(d) The commencement or completion of any work activity is 14
days or more behind the Date set forth in the Contract Schedule for such work activity, and
which results in an Unexcusable Delay.
(e) The Design -Build Entity abandons work on the Project.
13.1.2 Upon the occurrence of any of the following events, the City will have
the right to terminate the Contract for cause if the Design -Build Entity fails to promptly
commence to cure such default and diligently prosecute such cure within five (5) days after
notice from the City, or within such longer period of time as is reasonably necessary to
complete such cure:
(a) The Design -Build Entity persistently or repeatedly refuses or
fails to supply skilled supervisory personnel, an adequate number of properly skilled
workers, proper materials, or necessary equipment to prosecute the work on the Project in
accordance with the Contract Documents.
(b) The Design -Build Entity fails to make prompt payment of
amounts properly due Subcontractors after receiving payment from the City.
(c) The Design -Build Entity disregards Applicable Code
Requirements.
24347.00600\31594337.2 57 GENERAL CONDITIONS
(d) The Design -Build Entity persistently or materially fails to
execute the work on the Project in accordance with the Contract Documents.
(e) The Design -Build Entity is in default of any other material
obligation under the Contract Documents.
(f) The Design -Build Entity persistentlyor materiallyfails to comply
with applicable safety requirements.
13.1.3 Upon any of the occurrences referred to in Subparagraphs 13.1.1 and
13.1.2, the City may, at its election and by notice to the Design -Build Entity, terminate the
Contract and/or the Design -Build Entity's right to perform work on the Project, and take
possession of the Project site and all materials, supplies, equipment, tools, and
construction equipment and machinery thereon owned by the Design -Build Entity; accept
the assignment of any or all of the subcontracts; and then complete the Project by any
method the City may deem expedient. If requested by the City, the Design -Build Entity shall
remove any part or all of the Design -Build Entity's materials, supplies, equipment, tools, and
construction equipment and machinery from the Project site within seven (7) days of such
request; and if the Design -Build Entity fails to do so, the City may remove or store, and after
ninety (90) days sell, any of the same at the Design -Build Entity's expense.
13.1.4 If the Contract is terminated by the City as provided in this Paragraph
13.1, the Design -Build Entity shall not be entitled to receive any further payment until the
expiration of thirty-five (35) days after Final Completion and acceptance of all work on the
Project by the City.
13.1.5 If the unpaid balance of the Contract Price exceeds the cost of
completing the Project, including all additional costs and expenses made necessary
thereby, including costs for the City staff time, plus all Losses sustained, including any
liquidated damages provided under the Contract Documents, such excess shall be paid to
the Design -Build Entity. If such costs, expenses, Losses, and liquidated damages exceed
the unpaid balance of the Contract Price, the Design -Build Entity shall pay such excess to
the City.
13.1.6 No termination or action taken by the City after termination shall
prejudice any other rights or remedies of the City provided by law or by the Contract
Documents upon such termination; and the City may proceed against the Design -Build
Entity to recover all Losses suffered by the City.
13.2 SUSPENSION BY THE CITY FOR CONVENIENCE
13.2.1 The City may, at any time and from time to time, without cause, order
the Design -Build Entity, in writing, to suspend, delay, or interrupt the work on the Project in
whole or in part for such period of time, up to ninety (90) days, as the City may determine,
with such period of suspension to be computed from the Date of delivery of the written
24347.00600\31594337.2 58 GENERAL CONDITIONS
order. Such order shall be specifically identified as a "Suspension Order" under this
Paragraph 13.2. The work on the Project may be stopped for such further period as the
parties may agree. Upon receipt of a Suspension Order, the Design -Build Entity shall, at the
City's expense, comply with its terms and take all reasonable steps to minimize costs
allocable to the work covered by the Suspension Order during the period of work stoppage.
Within ninety (90) days after the issuance of the Suspension Order, or such extension to that
period as is agreed upon by the Design -Build Entity and the City, the City shall either cancel
the Suspension Order or delete the work covered by such Suspension Order by issuing a
Change Order.
13.2.2 If a Suspension Order is canceled or expires, the Design -Build Entity
shall continue with the work on the Project. A Change Order will be issued to cover any
adjustments of the Contract Price or the Contract Time necessarily caused by such
suspension. Any Claim bythe Design -Build Entity for an adjustment of the Contract Price or
the Contract Time shall be made within twenty-one (21) days after the end of the work
suspension. The Design -Build Entity agrees that submission of its claim within said twenty-
one (21) days is an express condition precedent to its right to Arbitrate or Litigate such a
claim.
13.2.3 The provisions of this Paragraph 13.2 shall not apply if a Suspension
Order is not issued by the City. A Suspension Order shall not be required to stop the work on
the Project as permitted or required under any other provision of the Contract Documents.
13.3 TERMINATION BY THE CITY FOR CONVENIENCE
13.3.1 The City may, at its option, terminate this Contract, in whole or from
time to time in part, at any time by giving notice to the Design -Build Entity. Upon such
termination, the Design -Build Entity agrees to waive any claims for damages, including loss
of anticipated profits, on account thereof; and, as the sole right and remedy of the Design -
Build Entity, the City shall pay the Design -Build Entity in accordance with Subparagraph
13.3.4.
13.3.2 Upon receipt of notice of termination under this Paragraph 13.3, the
Design -Build Entity shall, unless the notice directs otherwise, do the following:
(a) Immediately discontinue the work on the Project to the extent
specified in the notice.
(b) Place no further orders or subcontracts for materials,
equipment, services, or facilities, except as may be necessary for completion of such
portion of the work on the Project as is not discontinued.
(c) Promptly cancel, on the most favorable terms reasonably
possible, all subcontracts to the extent they relate to the performance of the Discontinued
portion of the work on the Project.
24347.00600\31594337.2 59 GENERAL CONDITIONS
(d) Thereafter do only such work as may be necessary to preserve
and protect work on the Project already in progress and to protect materials, plants, and
equipment on the Project site or in transit thereto.
13.3.3 Upon such termination, the obligations of the Contract shall continue
as to portions of the work on the Project already performed and, subject to the Design -Build
Entity's obligations under Subparagraph 13.3.2, as to bona fide obligations assumed by the
Design -Build Entity prior to the Date of termination.
13.3.4 Upon such termination, the City shall payto the Design -Build Entity the
sum of the following:
(a) The amount of the Contract Price allocable to the portion of the
work on the Project properly performed by the Design -Build Entity as of the Date of
termination, less sums previously paid to the Design -Build Entity.
(b) Plus previously unpaid costs of any items delivered to the
Project site which were fabricated for subsequent incorporation in the work on the Project.
(c) Plus any proven Losses with respect to materials and
equipment directly resulting from such termination.
(d) Plus reasonable demobilization costs.
(e) Plus reasonable costs of preparing a statement of the aforesaid
costs, expenses, and Losses in connection with such termination.
13.3.5 The above payment shalt be the sole and exclusive remedy to which
the Design -Build Entity is entitled in the event of termination of the Contract by the City
pursuant to Paragraph 13.3; and the Design -Build Entity will be entitled to no other
compensation or damages and expressly waives same.
13.3.6 The Design -Build Entity shall provide the City a written payment
application for the termination costs within sixty (60) days of the effective date of
termination. The application shall itemize the costs as set forth, in Section 13.3.4 above, and
shall be supported by such documentation as the City may reasonably request.
ARTICLE 14: STATUTORY REQUIREMENTS
14.1 NONDISCRIMINATION/EQUAL OPPORTUNITY EMPLOYMENT
Design -Build Entity represents that it is an equal opportunity employer and the
Design -Build Entity and its Subcontractors shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, or any
other classification protected by federal or state law. Such nondiscrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion,
24347.00600\31594337.2 60 GENERAL CONDITIONS
transfer, recruitment or recruitment advertising, layoff, or termination. Design -Build Entity
and its Subcontractors shall also comply with aLL relevant provisions of the City's minority
business enterprise program, affirmative action program, or other related programs or
guidelines currently in effect or hereinafter enacted.
14.2 HOURS OF WORK
14.2.1 The Design -Build Entity and Subcontractors shall furnish sufficient
forces to ensure the prosecution of the work on the Project in accordance with the
Construction Schedule and in such a manner to allow for the full and adequate completion
of the Project within the Contract Time.
14.2.2 work on the Project shall be performed during regular working hours,
except that in the event of an emergency or when required to complete the work on the
Project in accordance with job progress, work may be performed outside of regular working
hours with advance written notice to the City. Regular working hours shall be 7:00 a.m. to
3:30 p.m. and shall not be changed except with consent of the City.
14.2.3 As provided in Article 3 (commencing at § 1810), Chapter 1, Part 7,
Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The
time of service of any worker employed at any time by the Design -Build Entity or by any
Subcontractor on any subcontract under this Contract, upon the work or upon any part of
the work contemplated by this Contract, is limited and restricted to eight (8) hours during
any one calendar day and forty (40) hours during any one calendar week, except as
hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed
by employees of Design -Build Entity in excess of eight (8) hours per day and forty (40) hours
during any one week shall be permitted upon this public work compensation for all hours
worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times
the basic rate of pay.
(a) The Design -Build Entity shall pay to the City the maximum
statutory penalty for each worker employed in the execution of this Contract by the Design -
Build Entity, or by any Subcontractor, for each calendar day during which such worker is
required or permitted to work more than eight (8) hours in any calendar day and forty (40)
hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at
§ 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the
workers so employed by Design -Build Entity is not less than one and one-half (1-1/2) times
the basic rate of pay for all hours worked in excess of eight (8) hours per day. Design -Build
Entity shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted
to work more than eight (8) hours in any one calendar day and forty (40) hours in any one
calendarweek, except when payment for overtime is made at not less than one and one-half
(1-1/2) times the basic rate for that worker.
(b) If the work done after hours is required by the Contract to be
done outside the Design -Build Entity's orthe Inspector's regularworking hours, the costs of
24347.00600\31594337.2 61 GENERAL CONDITIONS
any inspections, if required to be done outside normal working hours, shall be borne by the
City.
(c) If the City allows the Design -Build Entity to do work outside
regular working hours for the Design -Build Entity's own convenience, the costs of any
inspections required outside regular working hours shall be invoiced to the Design -Build
Entity by the City and deducted from the next Progress Payment.
(d) If the Design -Build Entity elects to perform work outside the
Inspector's regularworking hours, costs of any inspections required outside regularworking
hours shall be invoiced to the Design -Build Entity by the City and deducted from the next
Progress Payment.
(e) No work on the Project or other activities by or on behalf of the
Design -Build Entity which presents a hazard or unreasonable disruption to the public safety
or health shall be allowed. The determination as to whether work on the Projector some
other activity presents a hazard or constitutes such a danger to public health or safety shall
be made by and pursuant to the sole discretion of the City. All work on the Project or other
activities which could present such a hazard shall be performed at a time when the hazard
can be avoided as designated by the City. Neither the Design -Build Entity nor its
subcontractors or anyone working on behalf of the Design -Build Entity or subcontractors
shall be entitled to additional compensation or Contract Time for having to arrange their
work schedule so as not to violate the provisions of this Section. The Design -Build Entity,
subcontractors and persons working on behalf of the Design -Build Entity and
subcontractors shall be expected to arrange such work and other activities in advance so as
to avoid creating monetary or time impacts.
14.3 PAYROLL RECORDS; WAGE RATES, CONTRACTOR REGISTRATION;
LABOR COMPLIANCE AND STOP ORDERS
14.3.1 Design -Build Entity and each subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. The payroll records shall be certified and shall be available
for inspection at all reasonable hours at the principal office of Design -Build Entity in the
manner provided in Labor Code section 1776. In the event of noncompliance with the
requirements of this section, Design -Build Entity shall have 10 days in which to comply
subsequent to receipt of written notice specifying in what respects such Design -Build Entity
must comply with this section. Should noncompliance still be evident after such 10-day
period, Design -Build Entity shall, as a penalty to City, forfeit not more than $100.00 for each
calendar day or portion thereof, for each worker, until strict compliance is effectuated. The
amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who
is found to have violated the provisions of law regarding wages on Public Works with the
intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to
24347.00600\31594337.2 62 GENERAL CONDITIONS
three years as determined by the Labor Commissioner. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties
shall be withheld from progress payments then due. The responsibility for compliance with
this section is on Design -Build Entity. The requirement to submit certified payroll records
directlyto the Labor Commissioner under Labor Code section 1771.4 shall not applyto work
performed on a public works project that is exempt pursuant to the small project exemption
specified in Labor Code Section 1771.4.
14.3.2 Design -Build Entity is aware of the requirements of California Labor
Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title
8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and
"maintenance" projects. Since the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined bythe Prevailing Wage Laws, and since
the total compensation is $1,000 or more, Design -Build Entity agrees to fully comply with
such Prevailing Wage Laws. City shall provide Design -Build Entity with a copy of the
prevailing rates of per diem wages in effect at the commencement of this Contract upon
request. Design -Build Entity shall make copies of the prevailing rates of per diem wages for
each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Design -Build Entity's principal
place of business and at the project site. Design -Build Entity shall defend, indemnify and
hold the City, its officials, officers, employees and agents free and harmless from any claim
or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. Design -Build Entity and any subcontractor shall forfeit a penalty of up to $200 per
calendar day or portion thereof for each worker paid less than the prevailing wage rates.
14.3.3 Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors
and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract
to perform public work must be registered with the Department of Industrial Relations. No
bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department of Industrial Relations to perform
public work. Notwithstanding the foregoing, the contractor registration requirements
mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on
a public works project that is exempt pursuant to the small project exemption specified in
Labor Code Sections 1725.5 and 1771.1.
14.3.4 This Project is subject to compliance monitoring and enforcement by
the Department of Industrial Relations. It shall be the Design -Build Entity's sole
responsibility to evaluate and pay the cost of complying with all labor compliance
requirements under this Contract and applicable law. Any stop orders issued by the
Department of Industrial Relations against Design -Build Entity or any subcontractor that
affect Design -Build Entity's performance of Work, including any delay, shall be Design -Build
Entity's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Design -Build Entity caused delay subject to any applicable liquidated
24347.00600\31594337.2 63 GENERAL CONDITIONS
damages and shall not be compensable by the City. Design -Build Entity shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless
from any claim or liability arising out of stop orders issued by the Department of Industrial
Relations against Design -Build Entity or any subcontractor.
14.3.5 The Design -Build Entity shall include provisions in this Article in all
Subcontracts and require Subcontractors to comply with these provisions at no additional
cost to the City.
14.3.6 The Design -Build Entity, or any subcontractor working under the
Design -Build Entity may not perform work on a public works project with a subcontractor
who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section
1777.7 of the California Labor Code. Any contract on a public works project entered into
between the Design -Build Entity and a debarred subcontractor is void as a matter of law. A
debarred subcontractor may not receive any public money for performing work as a
subcontractor on a public works contract. Any public money that is paid, or may have been
paid to a debarred subcontractor by the Design -Build Entity on the project shall be returned
to the City. The Design -Build Entity shall be responsible for the payment of wages to workers
of a debarred subcontractor who has been allowed to work on the project.
14.4 APPRENTICES
The Design -Build Entity's attention is directed to the provisions of Sections 1777.5,
1777.6, and 1777.7 of the Labor Code concerning employment of apprentices bythe Design -
Build Entity or any subcontractor. The Design -Build Entity shall obtain a certificate of
apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and
1777.7 of the Labor Code. Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director of Industrial
Relations, the Administrator of Apprenticeships, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices.
14.5 THIRD -PARTY CLAIMS (PUB. CONTRACT CODE § 9201.)
The City will provide the Design -Build Entity with timely notice of any third party claim
relating to the Contract for the Project. The City also retain full authority to compromise or
otherwise settle any claim related to the Contract for the Project.
14.6 ANTI-TRUST CLAIM ASSIGNMENT (PUB. CONTRACT CODE §7103.5).)
The City must provide the Design -Build Entity with timely notification of the receipt of
any third -party claim, relating to the Contract and the City is entitled to recover its
reasonable costs incurred in providing such notification.
At final payment, contractor or subcontractor must agree to assign awarding party all
rights, title, and interest in and to all causes of action it may have under Section 4 of the
24347.00600\31594337.2 64 GENERAL CONDITIONS
Clayton Act (15 U.S.C. Sec. 15 ) or under the Cartwright Act (Chapter 2 commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to the public works contract or the
subcontract.
14.7 STORMWATER POLLUTION PREVENTION PLAN
14.7.1 The Design -Build Entity shall be required to comply with all aspects of
the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-
DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water
Discharges Associated with Construction Activity (Permit) for all projects that involve
construction on or disturbance of one acre or more of land or which are part of a larger
common area of development. The Design -Build Entity shall be responsible for filing the
Notice of Intent and for obtaining the Permit. The Design -Build Entity shall be solely
responsible for preparing and implementing a Storm Water Pollution Prevention Plan
("SWPPP") prior to initiating work on the Project. In bidding on this Contract, it shall be the
Design -Build Entity's responsibility to evaluate the cost of procuring the Permit and
preparing the SWPPP as well as complying with the SWPPP and any necessary revision to
the SWPPP. The Design -Build Entity shall comply with all requirements of the State Water
Resources Control Board. The Design -Build Entity shalt include all costs of compliance with
specified requirements in the Contract Price.
14.7.2 The Design -Build Entity shall be responsible for procuring,
implementingand complyingwith the provisions of the Permit and the SWPPP, includingthe
standard provisions, monitoring and reporting requirements as required by the Permit. The
Design -Build Entity shall provide copies of all reports and monitoring information to the
City's Representative. Before any NOI, SWPPP, or other Permit related document may be
submitted to the State Board or implemented on the Project site, it must first be reviewed
and approved by the City.
14.7.3 The City retains the right to procure and maintain coverage under the
Permit for the Project site if the Design -Build Entity fails to draft a satisfactory NOI or SWPPP
or proceed in a manner that is satisfactory to the City. Any costs incurred by the City in
procuring and maintaining coverage under the Permit, or drafting an NOI or SWPPP in the
event that Design -Build Entity is unwilling or unable to maintain compliance or draft a
satisfactory permit related documents, shall be paid by the Design -Build Entity.
14.7.4 Design -Build Entity shall be responsible for maintaining compliance
with all aspects of the Permit during the course of the Project. Design -Build Entity shall
provide copies of all reports and monitoring information to the City Representative. If the
Design -Build Entity has failed or is unable to maintain compliance with the Permit, the City
reserves the right to implement its own SWPPP at the Project site, and hire additional
contractors to maintain compliance. Whether Design -Build Entity has adequately
maintained compliance with the Permit shall be the City's sole determination. In the event
that Design -Build Entity has failed or is unable to maintain compliance with the Permit, any
24347.00600131594337.2 65 GENERAL CONDITIONS
costs incurred by the City in drafting and implementing a SWPPP, or otherwise maintaining
compliance with the Construction General Permit shall be paid by the Design -Build Entity.
14.7.5In entering into this Contract, it shall be Design -Build Entity's
responsibilityto evaluate and include in the contract amount the cost of procuring coverage
under the Permit, preparing a SWPPP that is acceptable to the City, and complying with the
SWPPP and any revisions to the SWPPP that become necessary during the course of
construction.
14.7.6 In addition to compliance with the Permit, Design -Build Entity shall
comply with the lawful requirements of any applicable municipality, drainage district, and
other local agencies regarding discharges of storm water to the storm drain system or other
watercourses under their jurisdiction, including applicable requirements in municipal storm
water management programs.
14.7.7 Storm, surface, nuisance, or other waters may be encountered at
various times during construction of the Work. The Design -Build Entity, by executing this
Contract, hereby acknowledges that it has investigated the risk arising from such waters,
and assumes any and all risks and liabilities arising therefrom.
14.7.8 Failure to comply with the Permit is in violation of federal and state law.
The Design -Build Entity hereby agrees to indemnify and hold harmless the City, its officials,
officers, agents, employees and authorized volunteers from and against any and all claims,
demands, losses or liabilities of any kind or nature which City, its officials, officers, agents,
employees and authorized volunteers may sustain or incur for noncompliance with the
Permit arising out of or in connection with the Project, except for liability resulting from the
sole negligence, willful misconduct or active negligence of the City, its officials, officers,
agents, employees or authorized volunteers. The City may seek damages from the Design -
Build Entity for delay in completing the Contract in accordance with the Contract
Documents, caused by the Design -Build Entity's failure to comply with Permit.
ARTICLE 15: MISCELLANEOUS PROVISIONS
15.1 IMMIGRATION REFORM AND CONTROL ACT
The Design -Build Entity acknowledges that the Design -Build Entity, and all
subcontractors hired by Design -Build Entity to perform services under this agreement, are
aware of and understand the Immigration Reform and Control Act ("IRCA"). Design -Build
Entity is and shall remain in compliance with the IRCA and shall ensure that any
subcontractors hired by Design -Build Entityto perform services underthis agreement are in
compliance with the IRCA. In addition, Design -Build Entity agrees to indemnify, defend and
hold harmless the City, its agents, officers and employees, from any liability, damages or
causes of action arising out of or relating to any claims that Design -Build Entity's employees,
or the employees of any subcontractor hired by Design -Build Entity, are not authorized to
work in the United States for Design -Build Entity or its subcontractor and/or any other claims
24347.00600\31594337.2 66 GENERAL CONDITIONS
based upon alleged IRCA violations committed by Design -Build Entity or Design -Build
Entity's subcontractor(s).
15.2 GOVERNING LAW
This Contract shall be governed by the laws of the State of California.
15.3 SUCCESSORS AND ASSIGNS
The City and the Design -Build Entity respectively bind themselves and their
successors, permitted assigns, and legal representatives to the other party and to the
successors, permitted assigns, and legal representatives of such other party in respect to
covenants, Contracts, and obligations contained in the Contract Documents. Neither party
to the Contract shall assign the Contract, in whole or in part, without prior written consent
of the other party. Notwithstanding any such assignment, each of the original contracting
parties shall remain legally responsible for all of its obligations under the Contract.
15.4 RIGHTS AND REMEDIES
15.4.1 All the City's rights and remedies under the Contract Documents will
be cumulative and in addition to, and not in limitation of, all other rights and remedies of the
City under the Contract Documents or otherwise available at law or in equity.
15.4.2 No action or failure to act by the City or the City's Representative will
constitute a waiver of a right afforded them under the Contract, nor will such action or failure
to act constitute approval of or acquiescence in a condition or breach thereunder, except
as may be specifically agreed in writing. No waiver by the City or the City's Representative of
any condition, breach or default will constitute a waiver of any other condition, breach or
default; nor will any such waiver constitute a continuing waiver.
15.4.3 No provision contained in the Contract Documents shall create or give
to third parties any claim or right of action against the City, the City's Representative, or the
Design -Build Entity.
15.5 SURVIVAL
The provisions of the Contract which by their nature survive termination of the
Contract or Final Completion, including all warranties, indemnities, payment obligations,
and the City's right to audit the Design -Build Entity's books and records, shalt remain in full
force and effect after Final Completion or any termination of the Contract.
15.6 COMPLETE CONTRACT
The Contract Documents constitute the full and complete understanding of the
parties and supersede any previous agreements or understandings, oral or written, with
24347.00600\31594337.2 67 GENERAL CONDITIONS
respect to the subject matter hereof. The Contract may be modified only by a written
instrument signed by both parties or as provided herein.
15.7 SEVERABILITY OF PROVISIONS
If any one or more of the provisions contained in the Contract Documents should be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of
the remaining provisions contained herein shall not in any way be affected or impaired
thereby.
15.8 THE CITY'S RIGHT TO AUDIT
The City and entities and agencies designated by the City will have access to and the
right to audit and the right to copy at the City's cost all of the Design -Build Entity's books,
records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase
orders, and memoranda relating to the Design -Build Entity shall preserve all such records
and other items for a period of at least three (3) years after Final Completion.
15.9 NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the
other party as designated in the Contract unless another address is designated in writing.
Notice shall be effective upon receipt or three (3) Days after being sent by first class mail,
whichever is earlier. Notice given byfacsimile or electronic mail shall not be effective unless
acknowledged in writing by the receiving party.
15.10 TIME OF THE ESSENCE
Time limits stated in the Contract Documents are of the essence of the Contract.
15.11 STATUTORY LIMITATION
Commencement of statutory limitation periods and statute of repose shall be as
provided by California law.
15.12 CORRECTION OF ERRORS AND OMISSIONS
The Design -Build Entity agrees to correct any error or omission in the Construction
Documents at no additional cost to the City.
15.13 INTERPRETATION
This Contract shall not be construed in favor of or against any party, but shall be
construed as if all parties prepared this Contract.
24347.00600\31594337.2 68 GENERAL CONDITIONS
SPECIAL PROVISIONS
PECK WELL ION EXCHANGE (IX) ADSORPTION TREATMENT SYSTEM PROJECT
The following items are listed in the Bid Schedule under Proposal Bid Forms:
• Item 1 (Design Services): Contractor shall design and provide all construction plans,
drawings, and calculations necessary to construct the project per Technical
Provisions, including, but not limited to, demolition plans, utility piping plans, grading
and drainage plans, erosion control plans, site improvement plans, traffic control
plans, structural plans, structural calculations, electrical plans, and mechanical
plans. All plans shall be signed and stamped by licensed Engineers registered in the
State of California. This item shall include the costs of all revisions the City requires to
the plans.
Full compensation for complying with the work associated with Design Services shall
be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 2 (Traffic Control and Safety Requirements): This item includes cost related to
Labor, materials and equipment required to provide traffic control and safety
requirements to execute the work throughout the entire project.
Full compensation for complying with the work associated with Traffic Control and
Safety Requirements shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
• Item 3 (Bonds & Insurances): Contractor shall obtain all bonds and insurances that
are required by the City in the amounts required by the City. All bonds and insurances
shall be maintained throughout the entire duration of the Project.
Full compensation for complying with the work associated with Bonds & Insurance
shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 4 (General Requirements): This shall include all general project requirements,
including, but not limited to, mobilization, demobilization, overhead, profit, water use,
water meter rental, permit costs, topographic survey and site mapping, geotechnical
soil investigation, various off -site work, and submission of as -built drawings. This item
shall also include, but not be limited to, blueprints, reproductions, and all costs that
could not be classified in the other Bid Schedule Items in the Proposal Bid Form.
Full compensation for complying with the work associated with General Requirements
shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
• Item 5 (Site Clearing and Demolition): Currently stockpiled dirt will be removed by
others. Contractor shall still be required to clear the site for the construction of the
treatment system. This item shall include all cost associated with labor, materials,
equipment, and installation, including but not limited:
1. Clearing and grubbing of site, including transportation and disposal of waste
and backfilling of grubbed holes.
2. Removal, transportation, and disposal of refuse.
3. Demolition, transportation, and disposal of blockwall.
4. Demolition, transportation, and disposal of block wall footing.
5. Demolition, transportation, and disposal of gates.
6. Demolition, transportation, and disposal of asphalt, concrete, and/or
pavement.
7. Removal of oversized or unsuitable materials from otherwise suitable materials
and transportation and disposal of such oversized materials.
8. Features and materials designated to remain that are damaged by the
contractor shall be repaired, including block walls, asphalt, concrete,
structures, and other existing items.
Full compensation for complying with the work associated with Site Clearing and
Demolition shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation will be allowed therefore.
• Item 6 (Site Excavation, Material Disposal and Grading): This item shall include all
costs associated with labor, materials, equipment, and installation, including but not
limited:
1. Removing, transporting, and disposing of organic topsoil, grass and grass roots,
and other objectionable material remaining after clearing.
2. Excavatingthe materials.
3. Transporting excavated material to the point of final use or disposal, to
temporary stockpiles, and from temporary stockpiles to point of final use or
disposal.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
4. Rehandling excavated materials that have been deposited temporarily in
stockpiles.
5. Removal of oversized materials from otherwise suitable materials and disposal
of the oversized materials.
6. Disposal of excavated materials not suitable or required for permanent
construction.
7. Conditioning the materials at the excavation site prior to excavation, or at the
stockpile areas prior to transporting to points of final use.
8. Importing soil as necessary to adjust the current site grade to the final grades.
9. Placing and compacting the material in place.
10. Testing compaction levels as required.
Full compensation for complying with the work associated with Site Excavation,
Material Disposal and Grading shall be included in the Proposal bid price per Lump
Sum (LS), and no additional compensation will be allowed therefore.
• Item 7 (Trench for Buried Piping): This item shall include all costs associated with
labor, materials, equipment, and installation, including but not limited:
1. Excavation, soil import and export, site material disposal, shoring and trench
protection in -place, backfill, compaction, testing, grading, paving, and repair
and replacement of asphalt pavement or concrete pavement.
Full compensation for complying with the work associated with Trench for Buried
Piping shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 8 (Site Asphalt Paving): This item shall include all costs associated with labor,
materials, equipment, and installation, including but not limited:
1. Site asphalt paving consisting of a minimum 5-inch asphalt concrete over 8-
inch aggregate base.
2. Subgrade preparation for paving.
3. Joints and grading required to match existing asphalt and existing grades at
connection points and boundaries.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
Full compensation for complying with the work associated with Site Asphalt Paving
shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
Item 9 (35-Foot-Wide Painted Automatic galvanized power -coated Mild Steel Main
Entry Slide Gate with Perforated Mild Steel Screen): Contractor shall design,
construct, furnish and install the automatic mild steel main entry slide gate, including
but not limited to: automatic components, access control and safety features,
hardware and mechanical components, electrical components, concrete footings and
corrosion protection system for gate frame and perforated screen.
Full compensation for complying with the work associated for Automatic Wrought Iron
Slide Main Entry Gate shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
Item 10 (Ion Exchange Concrete Pad): This item shall include all costs associated
with labor, materials, equipment, and construction, including but not limited:
1. Furnish and installformwork.
2. Furnish and Install concrete.
3. Furnish and Install reinforcing bars.
Full compensation for complying with the work associated with Ion Exchange Concrete
Pad shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
Item 11 (Pipe Support and Pre -filter Concrete Pads): This item shall include all
costs associated with labor, materials, equipment, and construction, including but
not limited:
1. Furnish and install formwork.
2. Furnish and Install concrete.
3. Furnish and Install reinforcing bars.
4. Furnish and Install isolation joint.
Full compensation for complying with the work associated with Pipe Support and Pre-
filter Concrete Pads shall be included in the Proposal bid price per Lump Sum (LS), and
no additional compensation will be allowed therefore.
• Item 12 (Steel Bolted Backwash Tank Concrete Pad): This item shall include all
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
costs associated with labor, materials, equipment, and construction, including but
not limited:
1. Furnish and install formwork.
2. Furnish and Install concrete.
3. Furnish and Install reinforcing bars.
Full compensation for complying with the work associated with Steel Bolted Backwash
Tank Concrete Pad shall be included in the Proposal bid price per Lump Sum (LS), and
no additional compensation will be allowed therefore.
• Item 13 (Steel Bolted Backwash Tank): Contractor shall design, construct and install
the steel bolted backwash tank. The tank shall be governed by AWWA Standard with
adequate capacity to meet the storage requirement. This item shall include all costs
associated with labor, materials, equipment, and construction, including but not
limited to:
1. Furnish and install Steel Bolted Backwash Tank.
Full compensation for complying with the work associated with Steel Bolted Backwash
Tank shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 14 (Ion Exchange System Installation): This item incudes all work, equipment,
and material required for positioning, cast -in -place anchoring, piping connections,
and other items required to complete the Ion Exchange system installation.
1. Anchor calculation will be provided by Supplier.
2. Cast -in -place anchoring calculation and cast -in -place template will be
provided by Supplier. All anchoring materials must be supplied by the
General Contractor.
Full compensation for complying with the work associated with Ion Exchange System
Installation shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation will be allowed therefore.
• Item 15 (Bollards): Contractor shall furnish and install 3'-6"-high removal bollards at
5'-0" on center to protect the IX system, pre -filter system, and the steel bolted
backwash tank. This item shall include all costs associated with labor, materials,
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
equipment, and construction, including but not limited:
1. Furnish and install concrete base.
2. Furnish and install bollards, including all materials and appurtenant
features.
3. Paint per City's requirements.
4. Repair of asphalt, grade, or other features damaged during preparation and
construction of bollards.
Full compensation for complying with the work associated with construction of
Bollards shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation
• Item 16 (Pipe Support): This item shall include all costs associated with labor,
materials, equipment, and construction of pipe support.
Full compensation for complying with the work associated with Pipe Support shalt be
included in the Proposal bid price per Lump Sum (LS), and no additional
compensation.
• Item 17 (Cartridge Filter): Supplied by others. This item includes all costs associated
with labor, material equipment and installation, including but not limited to:
1. Connections of piping to cartridge filter.
2. All work, equipment, and materials required for positioning, grouting,
anchoring, piping connections, and other items required to complete
installation.
3. Furnish and pressure
Full compensation for complying with the work associated for installation of cartridge
filter shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 18 (On -Site Buried Piping - Mortar Lined and Coated Carbon Steel): This item
includes all costs associated with labor, material, equipment and installation,
including but not limited to:
1. Installation of mortar lined and coated carbon steel buried on -site pipe, fittings,
and appurtenances required to match lines, grades, and elevations as required.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
2. All piping is above and below grade as needed for the treatment and connection
to the existing distribution system.
3. Install necessary valves
4. Pipeline disinfection
5. Pipeline pressure testing
Full compensation for complying with the work associated with installation of the
onsite buried piping shall be included in the Proposal bid price per Lump Sum (LS), and
no additional compensation will be allowed therefore.
• Item 19 (On -Site Above -Grade Piping - Fusion Bonded Epoxy Lined and Coated
Carbon Steel): This item includes all costs associated with labor, material, equipment
and installation, including but not limited to:
1. Installation of fusion bonded epoxy -lined and coated carbon steel on -site above
grade pipe, fittings, and appurtenances required to match lines, grades, and
elevations as required.
2. All piping is above and below grade as needed for the treatment and connection
to the existing distribution system.
3. Install necessary valves
4. Pipeline disinfection
5. Pipeline pressure testing
Full compensation for complying with the work associated with installation of the On -
Site Above -Grade Piping shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
• Item 20 (All Valves 6-Inch and Smaller and Gauges): This item includes all costs
associated with labor, material, equipment and installation, including but not limited
to:
1. Installation of all 6-inch and smaller valves, including valves, air release/relief
valves, and other instrumentation including pressure gauges, differential
pressure gauges and transmitters.
2. All work and materials required for complete installation, including, but not
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
limited to, fittings, pipe, pipe nipples, and connections to other pipes.
Full compensation for complying with the work associated with the installation of All
Valves 6-Inch and Smaller and Gauge shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 21 (Connections to Existing 18-Inch Pipeline): This item includes all costs
associated with labor, material, equipment and installation, including but not limited
to:
1. Connections to the existing 18-inch pipeline.
2. Installation of pipes, valves and fittings
Full compensation for complying with the work associated with Connections to
Existing 18-Inch Piping shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
• Item 22 (Pressure SustainingValve): This item includes the furnishing and installation
of a pressure sustaining valve, fittings and reducer and includes all costs associated
with labor, material, equipment and installation
Full compensation for complying with the work associated with Pressure Sustaining
Valve shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore
• Item 23 (Operation, Maintenance, and Monitoring Plan): Prepare an operation,
maintenance and monitoring plan encompassing plant operation, the treatment
process equipment, piping and pumping equipment, and the control and monitoring
systems. This item shall include the costs of all revisions required by the Division of
Drinking Water (DDW) to the plan.
Full compensation for complying with the work associated with the preparation of
Operation, Maintenance, and Monitoring Plan shall be included in the Proposal bid
price per Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 24 (Backwash Waste Discharge Piping): This item includes all costs associated
with labor, material, equipment and installation, including but not limited to:
1. Installation of backwash waste discharge pipe, fittings, and appurtenances
required to match lines, grades, and elevations as required.
2. All piping is above and below grade as needed to discharge wastewater from the
Peck Well IX Adsorption Treatment System Project - Special Provisions - Revised
backwash tank to the existing off -site sewer system.
3. Install necessary valves
4. Install flow meter
Full compensation for complying with the work associated with the Backwash Waste
Discharge Piping shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation will be allowed therefore.
• Item 25 (Connection to Existing off -site Sewer System): This item includes all costs
associated with labor, material, equipment and installation, including but not limited
to:
1. Connection to the existing sewer system.
2. Installation of pipes and fittings
Full compensation for complying with the work associated with Connection to the
Existing Off -Site Sewer System shall be included in the Proposal bid price per Lump
Sum (LS), and no additional compensation will be allowed therefore.
• Item 26 (Driveway Approach): Modify, furnish and construction a driveway approach
to accommodate the new automatic wrought iron main entry slide gate. This item
includes all costs associated with labor, material, equipment and installation,
including but not limited to:
1. Remove interfering shrubs and trees.
2. Remove, relocate and replace existing air vent.
3. Modify and construct driveway approach
Full compensation for complying with the work associated with modification and
construction of Driveway Approach shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 27 (Assistant during Ion Exchange Loading and Backwashing): This item
includes all costs associated with labor, material, equipment and installation,
including but not limited to:
1. Contractor coordination, assistance, and work during Ion Exchange media
Loading. Loading of media shall be performed by others; mechanical operation
of system shall be performed by the Contractor
Peck Well IX Adsorption Treatment System Project - Special Provisions - Revised
2. Contractor coordination, assistance, and work during backwashing.
■ Assistance with discharge flow equalization for the duration of
backwash management
Management of effluent discharge to the sewer system.
3. Contractor coordination, assistance, and work during system field testing and
acceptance testing.
4. Contractor coordination, assistance, and work during system startup and
commissioning.
Full compensation for complying with the work associated with Assistance During Ion
Exchange Loading and Backwashing shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 28 (Electrical Conduits): This item includes all costs associated with labor,
material, equipment and installation, including but not limited to:
1. Installation of electrical conduits for all instruments, including but not limited
to: flow meter, transmitters, flow control and shut off valves for backwash tank
pressure reducing and sustaining valve, and chlorine injector
Full compensation for complying with the work associated with Assistance During Ion
Exchange Loading and Backwashing shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 29 (Chlorine Injector): This item includes all costs associated with labor,
material, equipment and installation, including but not limited to:
1. Relocation of chlorine injection to new location.
Full compensation for complying with the work associated with Assistance During Ion
Exchange Loading and Backwashing shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
11800 Goldring Road
Post Office Box 60021
Arcadia, CA 91066-6021
Office: (626) 254-2713
CITY OF ARCADIA
Public Works Services Department
Addendum Number 1
REQUEST FOR PROPOSALS
Peck Well Ion Exchange (IX) Adsorption Treatment System Project
Project No. 72863125
All prospective proposers are hereby notified of bid submission clarifications made in
regard to the referenced project bid specifications, which are to be received by the City
of Arcadia, Office of the City Clerk at 240 W Huntington Drive, Arcadia, CA 91007,
no later than 11:00 A.M. on Tuesday, May 12, 2026:
The intent of this Addendum No. 1 is to provide site map and technical
specification, clarification to the bid documents and revised Proposal Bid Forms.
I. The following changes shall be acknowledged:
1. Item No. 9 of Proposal Bid Form has been revised. Item No. 28 and 29 have
been added to Proposal Bid Form (Form G). All Bidders shall use the revised
Proposal Bid Forms when submitting their proposal to the City Clerk.
2. Special Provisions have been revised to reflect the changes to the Proposal Bid
Form.
3. Site map is provided for reference only.
4. Technical Specifications are provided.
II. All other specifications relative to this project's PROPOSAL AND CONTRACT
DOCUMENTS shall remain the same. The submitted bid shall indicate
acknowledgment of receipt of this Addendum No. 1. Failure to provide such
acknowledgment shall render the bid as non -responsive and subject to rejection.
Attachment 1: Revised Contract Bid Forms
Attachment 2: Revised Special Provisions
Attachment 3: Technical Specifications
Attachment 4: Site Map
Date: April 29, 2026 BY ORDER OF THE CITY OF ARCADIA
Tiffany Lee, P.E.
Acting Principal Civil Engineer
SPECIAL PROVISIONS
PECK WELL ION EXCHANGE (IX) ADSORPTION TREATMENT SYSTEM PROJECT
The following items are listed in the Bid Schedule under Proposal Bid Forms:
• Item 1 (Design Services): Contractor shall design and provide all construction plans,
drawings, and calculations necessary to construct the project per Technical
Provisions, including, but not limited to, demolition plans, utility piping plans, grading
and drainage plans, erosion control plans, site improvement plans, traffic control
plans, structural plans, structural calculations, electrical plans, and mechanical
plans. All plans shall be signed and stamped by licensed Engineers registered in the
State of California. This item shall include the costs of all revisions the City requires to
the plans.
Full compensation for complying with the work associated with Design Services shall
be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 2 (Traffic Control and Safety Requirements): This item includes cost related to
labor, materials and equipment required to provide traffic control and safety
requirements to execute the work throughout the entire project.
Full compensation for complying with the work associated with Traffic Control and
Safety Requirements shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
• Item 3 (Bonds & Insurances): Contractor shall obtain all bonds and insurances that
are required by the City in the amounts required by the City. All bonds and insurances
shall be maintained throughout the entire duration of the Project.
Full compensation for complying with the work associated with Bonds & Insurance
shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 4 (General Requirements): This shall include all general project requirements,
including, but not limited to, mobilization, demobilization, overhead, profit, water use,
water meter rental, permit costs, topographic survey and site mapping, geotechnical
soil investigation, various off -site work, and submission of as -built drawings. This item
shall also include, but not be limited to, blueprints, reproductions, and all costs that
could not be classified in the other Bid Schedule Items in the Proposal Bid Form.
Full compensation for complying with the work associated with General Requirements
shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
• Item 5 (Site Clearing and Demolition): Currently stockpiled dirt will be removed by
others. Contractor shall still be required to clear the site for the construction of the
treatment system. This item shall include all cost associated with labor, materials,
equipment, and installation, including but not limited:
1. Clearing and grubbing of site, including transportation and disposal of waste
and back -fitting of grubbed holes.
2. Removal, transportation, and disposal of refuse.
3. Demolition, transportation, and disposal of block wall.
4. Demolition, transportation, and disposal of block wall footing.
5. Demolition, transportation, and disposal of gates.
6. Demolition, transportation, and disposal of asphalt, concrete, and/or
pavement.
7. Removal of oversized or unsuitable materials from otherwise suitable materials
and transportation and disposal of such oversized materials.
8. Features and materials designated to remain that are damaged by the
contractor shall be repaired, including block walls, asphalt, concrete,
structures, and other existing items.
Full compensation for complying with the work associated with Site Clearing and
Demolition shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation will be allowed therefore.
• Item 6 (Site Excavation, Material Disposal and Grading): This item shall include all
costs associated with labor, materials, equipment, and installation, including but not
limited:
1. Removing, transporting, and disposing of organic topsoil, grass and grass roots,
and other objectionable material remaining after clearing.
2. Excavating the materials.
3. Transporting excavated material to the point of final use or disposal, to
temporary stockpiles, and from temporary stockpiles to point of final use or
disposal.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
4. Rehandling excavated materials that have been deposited temporarily in
stockpiles.
5. Removal of oversized materials from otherwise suitable materials and disposal
of the oversized materials.
6. Disposal of excavated materials not suitable or required for permanent
construction.
7. Conditioning the materials at the excavation site prior to excavation, or at the
stockpile areas prior to transporting to points of final use.
8. Importing soil as necessary to adjust the current site grade to the final grades.
9. Placing and compacting the material in place.
10. Testing compaction levels as required.
Full compensation for complying with the work associated with Site Excavation,
Material Disposal and Grading shall be included in the Proposal bid price per Lump
Sum (LS), and no additional compensation will be allowed therefore.
• Item 7 (Trench for Buried Piping): This item shall include all costs associated with
labor, materials, equipment, and installation, including but not limited:
1. Excavation, soil import and export, site material disposal, shoring and trench
protection in -place, backfill, compaction, testing, grading, paving, and repair
and replacement of asphalt pavement or concrete pavement.
Full compensation for complying with the work associated with Trench for Buried
Piping shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 8 (Site Asphalt Paving): This item shall include all costs associated with labor,
materials, equipment, and installation, including but not limited:
1. Site asphalt paving consisting of a minimum 5-inch asphalt concrete over 8-
inch aggregate base.
2. Subgrade preparation for paving.
3. Joints and grading required to match existing asphalt and existing grades at
connection points and boundaries.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
Full compensation for complying with the work associated with Site Asphalt Paving
shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 9 (35-Foot-Wide Painted Automatic galvanized power -coated Mild Steel Main
Entry Slide Gate with Perforated Mild Steel Screen): Contractor shall design,
construct, furnish and install the automatic mild steel main entry slide gate, including
but not limited to: automatic components, access control and safety features,
hardware and mechanical components, electrical components, concrete footings and
corrosion protection system for gate frame and perforated screen.
Full compensation for complying with the work associated for Automatic Wrought Iron
Slide Main Entry Gate shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
• Item 10 (Ion Exchange Concrete Pad): This item shall include all costs associated
with labor, materials, equipment, and construction, including but not limited:
1. Furnish and install formwork.
2. Furnish and Install concrete.
3. Furnish and Install reinforcing bars.
Full compensation for complying with the work associated with Ion Exchange Concrete
Pad shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
Item 11 (Pipe Support and Pre -filter Concrete Pads): This item shall include all
costs associated with labor, materials, equipment, and construction, including but
not limited:
1. Furnish and install formwork.
2. Furnish and Install concrete.
3. Furnish and Install reinforcing bars.
4. Furnish and Install isolation joint.
Full compensation for complying with the work associated with Pipe Support and Pre-
filter Concrete Pads shall be included in the Proposal bid price per Lump Sum (LS), and
no additional compensation will be allowed therefore.
• Item 12 (Steel Bolted Backwash Tank Concrete Pad): This item shall include all
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
costs associated with labor, materials, equipment, and construction, including but
not limited:
1. Furnish and installformwork.
2. Furnish and Install concrete.
3. Furnish and Install reinforcing bars.
Full compensation for complying with the work associated with Steel Bolted Backwash
Tank Concrete Pad shall be included in the Proposal bid price per Lump Sum (LS), and
no additional compensation will be allowed therefore.
• Item 13 (Steel Bolted Backwash Tank): Contractor shall design, construct and install
the steel bolted backwash tank. The tank shall be governed by AWWA Standard with
adequate capacity to meet the storage requirement. This item shall include all costs
associated with labor, materials, equipment, and construction, including but not
limited to:
1. Furnish and install Steel Bolted Backwash Tank.
Full compensation for complyingwith the work associated with Steel Bolted Backwash
Tank shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
Item 14 (Ion Exchange System Installation): This item incudes all work, equipment,
and material required for positioning, cast -in -place anchoring, piping connections,
and other items required to complete the Ion Exchange system installation.
1. Anchor calculation will be provided by Supplier.
Cast -in -place anchoring calculation and cast -in -place template will be
provided by Supplier. All anchoring materials must be supplied by the
General Contractor.
Full compensation for complying with the work associated with Ion Exchange System
Installation shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation will be allowed therefore.
• Item 15 (Bollards): Contractor shall furnish and install 3'-6"-high removal bollards at
5'-0" on center to protect the IX system, pre -filter system, and the steel bolted
backwash tank. This item shall include all costs associated with labor, materials,
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
equipment, and construction, including but not limited:
1. Furnish and install concrete base.
2. Furnish and install bollards, including all materials and appurtenant
features.
3. Paint per City's requirements.
4. Repair of asphalt, grade, or other features damaged during preparation and
construction of bollards.
Full compensation for complying with the work associated with construction of
Bollards shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation
• Item 16 (Pipe Support): This item shall include all costs associated with labor,
materials, equipment, and construction of pipe support.
Full compensation for complying with the work associated with Pipe Support shall be
included in the Proposal bid price per Lump Sum (LS), and no additional
compensation.
• Item 17 (Cartridge Filter): Supplied by others. This item includes all costs associated
with labor, material equipment and installation, including but not limited to:
1. Connections of piping to cartridge filter.
2. All work, equipment, and materials required for positioning, grouting,
anchoring, piping connections, and other items required to complete
installation.
3. Furnish and pressure
Full compensation for complying with the work associated for installation of cartridge
filter shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore.
• Item 18 (On -Site Buried Piping- Mortar Lined and Coated Carbon Steel): This item
includes all costs associated with labor, material, equipment and installation,
including but not limited to:
1. Installation of mortar lined and coated carbon steel buried on -site pipe, fittings,
and appurtenances required to match lines, grades, and elevations as required.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
2. All piping is above and below grade as needed for the treatment and connection
to the existing distribution system.
3. Install necessary valves
4. Pipeline disinfection
5. Pipeline pressure testing
Full compensation for complying with the work associated with installation of the
onsite buried piping shall be included in the Proposal bid price per Lump Sum (LS), and
no additional compensation will be allowed therefore.
• Item 19 (On -Site Above -Grade Piping - Fusion Bonded Epoxy Lined and Coated
Carbon Steel): This item includes all costs associated with labor, material, equipment
and installation, including but not limited to:
1. Installation of fusion bonded epoxy -lined and coated carbon steel on -site above
grade pipe, fittings, and appurtenances required to match lines, grades, and
elevations as required.
2. All piping is above and below grade as needed for the treatment and connection
to the existing distribution system.
3. Install necessary valves
4. Pipeline disinfection
5. Pipeline pressure testing
Full compensation for complying with the work associated with installation of the On -
Site Above -Grade Piping shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
• Item 20 (All Valves 6-Inch and Smaller and Gauges): This item includes all costs
associated with tabor, material, equipment and installation, including but not limited
to:
1. Installation of all 6-inch and smaller valves, including valves, air release/relief
valves, and other instrumentation including pressure gauges, differential
pressure gauges and transmitters.
2. All work and materials required for complete installation, including, but not
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
limited to, fittings, pipe, pipe nipples, and connections to other pipes.
Full compensation for complying with the work associated with the installation of All
Valves 6-Inch and Smaller and Gauge shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 21 (Connections to Existing 18-Inch Pipeline): This item includes all costs
associated with labor, material, equipment and installation, including but not limited
to:
1. Connections to the existing 18-inch pipeline.
2. Installation of pipes, valves and fittings
Full compensation for complying with the work associated with Connections to
Existing 18-Inch Piping shall be included in the Proposal bid price per Lump Sum (LS),
and no additional compensation will be allowed therefore.
Item 22 (Pressure Sustaining Valve): This item includes the furnishing and installation
of a pressure sustaining valve, fittings and reducer and includes all costs associated
with labor, material, equipment and installation
Full compensation for complying with the work associated with Pressure Sustaining
Valve shall be included in the Proposal bid price per Lump Sum (LS), and no additional
compensation will be allowed therefore
Item 23 (Operation, Maintenance, and Monitoring Plan): Prepare an operation,
maintenance and monitoring plan encompassing plant operation, the treatment
process equipment, piping and pumping equipment, and the control and monitoring
systems. This item shall include the costs of all revisions required by the Division of
Drinking Water (DDW) to the plan.
Full compensation for complying with the work associated with the preparation of
Operation, Maintenance, and Monitoring Plan shall be included in the Proposal bid
price per Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 24 (Backwash Waste Discharge Piping): This item includes all costs associated
with labor, material, equipment and installation, including but not limited to:
1. Installation of backwash waste discharge pipe, fittings, and appurtenances
required to match lines, grades, and elevations as required.
2. All piping is above and below grade as needed to discharge wastewater from the
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
backwash tank to the existing off -site sewer system.
3. Install necessary valves
4. Install flow meter
Full compensation for complying with the work associated with the Backwash Waste
Discharge Piping shall be included in the Proposal bid price per Lump Sum (LS), and no
additional compensation will be allowed therefore.
• Item 25 (Connection to Existing off -site Sewer System): This item includes all costs
associated with labor, material, equipment and installation, including but not limited
to:
1. Connection to the existing sewer system.
2. Installation of pipes and fittings
Full compensation for complying with the work associated with Connection to the
Existing Off -Site Sewer System shall be included in the Proposal bid price per Lump
Sum (LS), and no additional compensation will be allowed therefore.
• Item 26 (Driveway Approach): Modify, furnish and construction a driveway approach
to accommodate the new automatic wrought iron main entry slide gate. This item
includes all costs associated with labor, material, equipment and installation,
including but not limited to:
1. Remove interfering shrubs and trees.
2. Remove, relocate and replace existing air vent.
3. Modify and construct driveway approach
Full compensation for complying with the work associated with modification and
construction of Driveway Approach shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
• Item 27 (Assistant during Ion Exchange Loading and Backwashing): This item
includes all costs associated with labor, material, equipment and installation,
including but not limited to:
1. Contractor coordination, assistance, and work during Ion Exchange media
loading. Loading of media shall be performed by others; mechanical operation
of system shall be performed by the Contractor
__-MPeck Well IX Adsorption Treatment System Project — Special Provisions - Revised
2. Contractor coordination, assistance, and work during backwashing.
■ Assistance with discharge flow equalization for the duration of
backwash management
■ Management of effluent discharge to the sewer system.
3. Contractor coordination, assistance, and work during system field testing and
acceptance testing.
4. Contractor coordination, assistance, and work during system startup and
commissioning.
Full compensation for complying with the work associated with Assistance During Ion
Exchange Loading and Backwashing shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
Item 28 (Electrical Conduits): This item includes all costs associated with labor,
material, equipment and installation, including but not limited to:
1. Installation of electrical conduits for all instruments, including but not limited
to: flow meter, transmitters, flow control and shut off valves for backwash tank
pressure reducing and sustaining valve, and chlorine injector
Full compensation for complying with the work associated with Assistance During Ion
Exchange Loading and Backwashing shall be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
Item 29 (Chlorine Injector): This item includes all costs associated with labor,
material, equipment and installation, including but not limited to:
1. Relocation of chlorine injection to new location.
Full compensation for complying with the work associated with Assistance During Ion
Exchange Loading and Backwashing shalt be included in the Proposal bid price per
Lump Sum (LS), and no additional compensation will be allowed therefore.
Peck Well IX Adsorption Treatment System Project — Special Provisions - Revised
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