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Bid #B38-11-12HEAD START EMODEL - ROULEAU

SANTA CLARA COUNTY OFFICE OF EDUCATION


HEAD START REMODEL FOR ROULEAU SCHOOL

BID #B38-11-12

1875 Monrovia DriveSan Jose, CA 95122

Prepared By:

SANTA CLARA COUNTY OFFICE OF EDUCATION - Bid #B38-11-12Purchasing Services1290 Ridder Park DriveSan Jose, CA 95131

WESTON MILES ARCHITECTS 17500 Depot Street, #120Morgan Hill, CA 95037408.779.6686 Fax 408.778.9417

MECHANICAL/ALFATECH ENGINEER97 East Brokaw Road, Suite 300San Jose, CA 95112(408) 487-1200 (408) 436-1511 fax

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TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS SECTION 002113 - INSTRUCTIONS TO BIDDERSSECTION 003100 - AVAILABLE PROJECT INFORMATION: INVESTIGATION REPORTSSECTION 003113 - PRELIMINARY CONSTRUCTION SCHEDULESECTION 004100 - BID FORMSECTION 004101 - BID FORM INSTRUCTIONSSECTION 004102 - BID PACKAGE DESCRIPTIONSSECTION 004313 - BID SECURITYSECTION 005000 - NOTICE OF INTENT AND AGREEMENTSECTION 006516 - INSURANCE CERTIFICATESSECTION 007200 - GENERAL CONDITIONSSECTION 007300 - SPECIAL CONDITIONS

DIVISION 01 - GENERAL REQUIREMENTS SECTION 010000 – DSA REQUIREMENTSSECTION 011000 - SUMMARY OF WORKSECTION 012200 - UNIT PRICES: MEASUREMENT AND PAYMENTSECTION 012600 - MODIFICATION PROCEDURESSECTION 012613 - REQUESTS FOR INFORMATIONSECTION 013113 - PROJECT COORDINATIONSECTION 013119 - PROJECT MEETINGSSECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION: SCHED. & REPORTSSECTION 013300 - SUBMITTAL PROCEDURESSECTION 015639 - TEMPORARY TREE AND PLANT PROTECTIONSECTION 017400 - CONSTRUCTION CLEANING AND WASTE MANAGEMENTSECTION 017700 - CONTRACT CLOSEOUT PROCEDURESSECTION 018119 - CONSTRUCTION INDOOR AIR QUALITY MANAGEMENTSECTION 019100 - COMMISSIONING

DIVISION 06 – FIBERGLASS REIMFORCED PLASTIC PANELSSECTION 068200 – FIBERGLASS REINFORCED PLASTIC PANELS

DIVISION 08 - OPENINGSSECTION 081400 – WOOD DOORSSECTION 087100 - DOOR HARDWARE

DIVISION 09 - FINISHESSECTION 092900 - GYPSUM BOARDSECTION 095113 – ACOUSTICAL P-ANEL CEILINGSSECTION 096500 – RESILIENT FLOORING

DIVISION 10 – SPECIALITIESSECTION 102113 - TOILET COMPARTMENTSSECTION 102813 – TOILET ACCESSORIES

DIVISION 22 – PLUMBINGSECTION 220500 – PLUMBING

END OF SECTION

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PROJECT SCHEDULE

Notice to Bidders Issued Friday May 12, 2012

Bid Documents Posted to SCCOE Website Monday May 14, 2012

Pre-Bid Walk-Thru at Site Thursday, May 17, 2012

Last day to submit Bid RFI’s Tuesday May 22, 2012

Bid Opening Thursday, May 24, 2012

Notice to Proceed Issued (via PO) Friday May 25, 2012

Construction Start Monday, June 11, 2012

Construction Complete Friday, July 22, 2012

END OF SECTION

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SECTION 002113 - INSTRUCTIONS TO BIDDERS

1.0 GENERAL

1.1 DEFINITIONS

A. The Bidding Documents Include:

1. Notice to Bidders

2. Investigation Reports

3. Project Manual, Specifications (Divisions 0-16)

4. Addenda

B. The Contract Documents Include:

1. The Accepted Bid

2. Addenda

3. Project Manual, Specifications (Divisions 0-16)

4. Certificate of Nondiscrimination by Seller

5. Non-collusion Affidavit

6. List of Subcontractors Form

7. Statement of Bidder’s Qualifications

1.2 PRE-BID CONFERENCE

A. The date and time of the Pre-bid Conference is found in the Notice to Bidders, at the end of Section 002113, Instructions to Bidders.

B. If a pre-bid conference has been scheduled at the site of the work, all bidders, subcontractors, material suppliers and others who may be working on the work of improvement are strongly encouraged to attend this pre-bid conference. Due to the facts and circumstances of this particular project, the pre-bid conference may be the only opportunity to conduct the pre-bid investigation of the site and satisfy the pre-bid obligations set forth in these Contract Documents. If a bidder

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(or others) attend the entirety of a scheduled pre-bid conference and need additional time to complete their investigation of the site or other pre-bid obligations set forth in these Contract Documents, bidder must notify the County in writing, via certified or registered mail, no less than five (5) days before the scheduled bid opening date, to request additional time. The written request must include an estimate of the amount of additional time required by bidder.

1.3 BIDDING DOCUMENTS

Bid documents can be reviewed at the SCCOE located at 1290 Ridder Park Drive, San Jose, CA 95131 or on the SCCOE Purchasing website at: http://www.sccoe.org/depts/purchasing, commencing on Thursday, May 24, 2012. Plans are available at the following web link: https://wmarchitects.sharefile.com/d/sf2928d32ca24461b

A. Bidders shall use complete sets of Bidding Documents in preparing bids. Bidders are responsible for ascertaining that the Bidding Documents upon which their bids are based are complete sets.

B. Requests from bidders for clarification or interpretation of the Bidding Documents shall be directed to the construction manager in writing and received by construction manager no later than seven (7) calendar days prior to bid date or at the discretion of the construction manager. The construction manager will consult with the County who is solely responsible for clarification and interpretation. The construction manager will prepare an addendum and will forward each addendum to the all known bid document holders.

C. Should a bidder find discrepancies, ambiguities, inconsistencies, errors or omissions in the documents, or should there be any doubt as to their meaning, the bidder shall at once notify the construction manager in writing. If bidder fails to notify the construction manager in writing, the bidder will be responsible for the strictest interpretation.

D. Each bidder shall acknowledge receipt of all addenda on the Bid Form. Failure by the bidder to acknowledge receipt of any document may result in the rejection of the bid.

E. An original of the bid form shall be filled in and submitted as the bid. All portions of the bid form must be completed before the bid is submitted. Failure to do so may result in the bid being rejected as non-responsive. Attached to and submitted with the Bid Form, bidder must provide the completed Certificate of Nondiscrimination by Seller, Non-collusion Affidavit signed by bidder, Statement of Compliance, Designation of Subcontractors form and Contractor’s Questionnaire submitted on the enclosed Bid form. Failure to submit all required documents may result in the bid being rejected as non-responsive.

F. Bidder may not withdraw the bid for a period of ninety (90) calendar days after the date for the opening of the bids.

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G. Investigations of subsurface conditions or otherwise, are made for the purpose of design, and the County assumes no responsibility whatsoever with respect to the sufficiency or accuracy of borings, the log of test borings, or other preliminary investigations, or of the interpretation thereof, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unanticipated conditions may not occur. When a log of test borings or other report is made available to Contractor or included in the Contract Documents, it is expressly understood and agreed that said log of test borings or other reports does not constitute a part of the Contract, and represents only an opinion of the County as to the character of the materials to be encountered, and is made available or included in the Contract Documents only for the convenience of the bidders. Bidders must satisfy themselves, through their own investigation, as to conditions to be encountered.

1.4 CONSTRUCTION SCHEDULE

A. For information regarding the Preliminary Construction Schedule, refer to Section 003113, Preliminary Construction Schedule.

1.5 BID OPENING AND CONTRACT AWARDS

A. Bids will be opened publicly and read aloud at the time and date established in the Notice to Bidders.

B. Contracts shall be awarded on the basis of the lowest responsive and responsible bid determined by the base bid plus the sum of all of the alternates. The County reserves the right to prepare a contract based on any combination of base bid and alternates. The County intends to award contracts to the bidders who submit bids in accordance with the requirements of the Bidding Documents. All awards will be made in the County’s best interest, to the extent authorized by law.

C. Bid protests shall be filed in writing with the Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California, 95131-2398, Purchasing Department, Attention: Andy Bursch by certified or registered mail, not later than three (3) working days after the bid opening or, if the protest is based on the selection of the apparent lowest responsible bidder, not later than three (3) working days after selection of the apparent lowest responsible bidder. The protest shall specify the reasons and facts upon which the protest is based.

D. The County reserves the right to waive any informality or irregularity in any bid.

E. The County reserves the right to reject any and all bids.

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1.6 POST-BID INTERVIEWS

A. Bidders in contention for contract awards may be asked to attend post-bid interviews and submit post-bid documents in rough draft for review.

1.7 POST BID DOCUMENTS

A. The County may elect to issue a Notice of Intent to Award prior to the execution of County/Contractor Agreements.

B. Within five (5) days of receipt of Notice of Intent to Award, contractor is to provide the following:

1. Certificates of Insurance, refer to Section 006516, Insurance Certificates.

2. Schedule of Values.

3. Preliminary Construction Schedule, refer to Section 003113, Preliminary Construction Schedule.

C. After receipt of the above post bid documents, the Santa Clara County Office of Education will issue a Purchase Order (PO), which is to serve as the contract agreement and Notice to Proceed.

D. Within fifteen (15) days of receipt of Notice of Intent to Award, contractor is to provide the following:

1. Samples and submittals, refer to Section 013300, Submittal Procedures.

1.8 WAGES

A. The schedule of prevailing rates of pay for each craft or type of workman needed to execute the work shall contain the minimum rate of pay, as established by the State Director of Industrial Relations in pursuance of the provision of the Labor Code of the State of California.

B. All bidders shall check the available source of labor supply and obtain information with reference to the length of the working day of various crafts and actual rates of wages being paid in the immediate vicinity of the place where work contemplated by these Documents is to be performed, particularly with reference to rates of pay that may be in excess of those general prevailing rates established by the County.

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1.9 CONTRACTORS’ LICENSE

A. Bidders must be contractors, properly licensed to perform the work of this project with an active license in good standing as of the date of receipt of bids. License must be maintained in good standing throughout the term of the contract.

1.10 SUBCONTRACTOR LISTING

A. Pursuant to the provisions of Sections 4100 to 4114, inclusive of the California Public Contracts Code, every bidder shall in this bid set forth:1. The name and location of the place of business of each subcontractor.

2. The portion of the work that will be done by each subcontractor. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one half (1/2) of one percent (1%) of the bidder’s total bid, he agrees to perform that portion himself. The successful bidder shall not, without the written consent of the County, either:

a. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.

b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.

c. Sublet or subcontract any portion of the work in excess of one half (1/2) of one percent (1%) of the total bid as to which his original bid did not designate a subcontractor.

2.0 FORMS FOR BIDDING2.1 BID FORM - Refer to Section 004100, Bid Form.3.0 PROCEDURES AND CONDITIONS FOR BIDDING3.1 BIDDERS’ REPRESENTATIONS & ACKNOWLEDGEMENTS

A. In submitting a bid, each bidder represents that:1. The bidder has read and understands the bidding documents.

2. The bid is made in accordance with the bidding documents.

3. The bidder has visited the Project site and is familiar with the local conditions under which the Work will be performed and acknowledges that failure to visit the site will not relieve the bidder of the responsibility for observing and considering those conditions which a reasonable contractor would have observed and considered during a site visit, estimating properly the difficulty and the work without additional cost to the County.

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NOTICE TO BIDDERSFOR

HEAD START REMODEL - ROULEAUAT

ROULEAU SCHOOLSANTA CLARA COUNTY OFFICE OF EDUCATION

NOTICE IS HEREBY GIVEN that the Santa Clara County Office of Education, herein after referred to as the OWNER or SCCOE, calls for sealed bids to be received by the Purchasing Manager in the Purchasing Department at 1290 Ridder Park Drive, San Jose, California 95131 by Thursday, May 24, 2012 @ 3:00 p.m. at which time and place bids will be opened.

SCOPESanta Clara County Office of Education’s Special Education Program requires building improvements to remodel classroom and bathroom areas at their Rouleau School located at 1875 Monrovia Drive, San Jose, CA 95122.

Interested parties shall be licensed to provide and oversee all trades work required for this project. We have contracted with The Weston/Miles architectural firm to prepare the specifications and drawings for this project. Note: The general contractor will be responsible for overseeing and coordinating all work described in this bid.

Plans are available at the following web link: https://wmarchitects.sharefile.com/d/sf2928d32ca24461bAll bid documents except for the blueprints may also be found on the SCCOE / Purchasing website at: http://www.sccoe.org/depts/purchasing/open-bids.asp

BID CONTACTS Bidding & Admin. - COE Purchasing Manager, A. D. Bursch @408.453.6858 or

COE Purchasing Technician, Kelly Brewer @408.453.6855Project Management - COE Facilities Manager, Joe Beretta @408.453.6861Architect - Sharon of Weston Miles @408.779.6686

JOB WALK There will be a job walk on Thursday, May 17, 2012 @, at 2:00 PM for the purpose of examining the site conditions at the job site located at 1875 Monrovia Drive, San Jose, CA 95122. Additional bid packages will be made available at this time. It is strongly recommended that all interested parties attend this walk thru.

ADDITIONAL BONDS The successful contractor, simultaneously with the execution of the agreement, shall furnish a payment bond in the amount of 100% of the contract price and a faithful performance bond in the amount of 100% of the contract price. Bonds shall be secured from a surety company issued by corporation duly and legally licensed to transact business in the State of California and approved by the Owner. The check or bid bond shall be given as a guarantee that the contractor, upon award, shall execute the contract, in conformity with the contract documents and shall provide the surety bond or bonds as specified therein within five (5) working days after notification of award of the contract to the Contractor. END OF SECTION

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SECTION 003100 – AVAILABLE PROJECT INFORMATION: INVESTIGATION REPORTS

1.0 GENERAL

1.1 INFORMATION AVAILABLE TO BIDDERS

A. The following reports are available to bidders for information: N/A

1.2 USE OF INFORMATION

A. All of these documents made available by the County are for information only and are not part of the Contract Documents, nor a warranty of subsurface conditions.

B. Bidders may review these documents at a location to be announced at the pre-bid conference. Bidders may purchase a copy at cost of reproduction.

C. The data contained in the above items have been utilized in the preparation of construction documents. The contractor may rely on the accuracy of the technical data contained in the report, but not upon non-technical data, interpretations or opinions contained therein, or for the completeness thereof for the contractor’s purposes.

D. Except as indicated in the preceding paragraph, contractor shall have full responsibility with respect to subsurface conditions at the site.

END OF SECTION

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SECTION 003113 - PRELIMINARY CONSTRUCTION SCHEDULE

1.0 GENERAL

1.1 PRELIMINARY CONSTRUCTION SCHEDULE

A. The preliminary construction schedule indicates planned substantial completion dates for significant activities during the construction period. Substantial completion of an activity is considered to be attained when the work of subsequent activities can proceed in accordance with the Project Construction Schedule.

B. The contractor will be required to prepare a construction schedule in accordance with Section 013200, Progress Schedules and Reports. During the construction period the contractor is required to regularly provide information and input on scheduling and coordination of his work.

C. The contractor is required to submit a detailed schedule for the activities within his scope of work within five (5) working days of receipt of a Notice to Proceed from the County. Refer to Section 013200, Progress Schedules and Reports.

D. The project is to be performed in a single phase

1. Start date is to be within five days from receipt of Purchase Order, with completion of work by upon 90 calendar days after the evacuation of Rouleau School.

1.2 LIQUIDATED DAMAGES

A. In the event of failure on the part of the Contractor to complete it’s work within the time schedule, including any approved extensions thereof, the Contractor shall pay the County Liquidated Damages in the amount of $250 for each calendar day past the specified time that is required to Substantially Complete the work.

END OF SECTION

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SECTION 004100 – BID FORM

BID FOR: Head Start Remodel – Rouleau School

TO: Purchasing DepartmentSanta Clara County Office of Education1290 Ridder Park DriveSan Jose, CA 95131-2398

DATE SUBMITTED:

SUBMITTED BY: _______________________________________________________Name of Bidder

Address:

Phone #: Fax #:

The undersigned has carefully examined the site, the proposed contract documents consisting of Project Manual and all addenda prepared by Weston Miles Architects Inc. and issued by the SCCOE pertinent to the construction of the above referenced Project and further, being familiar with all other conditions affecting the work, the undersigned hereby proposes and agrees to provide all labor, materials, supervision, transportation, tools, equipment, services and other facilities necessary and required for the expeditious completion of the work included in the bid indicated above, in strict conformity with said conditions and contract documents.

The undersigned has reviewed the work outlined in the bid, fully understands the scope of work required in this bid, acknowledges that the bid includes the work of all trades within the bid documents, understands that each bidder who is awarded a contract shall be in fact a prime contractor, not a subcontractor, to the Santa Clara County Office of Education, and agrees that the bid, if accepted by the County, will be the basis for a contract with the County to enter into such a contract in accordance with the intent of the contract documents.

The undersigned agrees to complete the work required within the bid package, within the time indicated in contract documents as specified in Section 003113, Preliminary Construction Schedule.

The undersigned has notified the construction manager of any discrepancies or omissions, or of any doubt about the meaning of any of the contract documents, and has contacted the construction manager before bid date to verify the issuing of any clarifying addenda.

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The undersigned further acknowledges receipt of the following addenda:

No. Date:

No. Date:

No. Date:

No. Date: (Include all addenda received)

BIDDER NAME:

BASE BID:

The undersigned proposes to provide and construct the work required for the above listed bid number, including all allowances listed in the bid package description identified in the Project Manual, in accordance with said contract documents for the lump sum price of:

1. Bid Package A - General Construction for Head Start Remodel at Rouleau School

Dollars

($ ). INCLUDES ALL TAXES. (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)

AGREEMENT:

It is understood and agreed that if written notice of the County’s acceptance of this proposal is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within ninety (90) days, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the County a contract in accordance with the bid as accepted, and will also furnish and deliver to the County the Certificate of Insurance as specified, all within five (5) working days after receipt of notification of intent to award, and that the work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date indicated in Section 003113, Preliminary Construction Schedule, and shall be completed by the contractor in the time specified in the contract documents.

Enclosed herewith is a listing of subcontractors and major material suppliers in accordance with Section 4100 to 4114 of the California Public Contracts Code and the Instructions to Bidders.The undersigned acknowledges the fact that the County reserves the right to accept or reject any and all bids, to waive any irregularity or informality in receipt of this bid, with or without cause or reason, and award the contract on the basis stated in the Instructions to Bidders.

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COUNTY POLICIES

Smoke Free Environment Policy

As per Education Code 48901 and Health and Safety Code 39002, the Santa Clara County Office of Education is a Tobacco Free Environment. Smoking and the use of tobacco products by all persons shall be prohibited on or in county school property. County property includes: school buildings, school grounds, school owned vehicles and vehicles owned by others while on County property.

Equal Opportunity Statement

Santa Clara County Office of Education has an Affirmative Action Employment Program and requires any organization or business we contract or trade with to adhere to the same policies.

is an EEO/AA Employer and adheres to the policies.(Bidder Company Name)

BIDDER NAME:

CERTIFICATE OF NONDISCRIMINATION BY SELLER

As a supplier of goods or services to the Santa Clara County Office of Education, the firm listed below certifies that it does not discriminate in its employment with regard to race, religion, creed, sex, national origin, or handicap; that it is in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principal of equal opportunity in employment.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services (especially those serving minority communities), and the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

FIRM NAME: TITLE OF OFFICER SIGNING: SIGNATURE: DATE: BIDDER NAME:

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NONCOLLUSION AFFIDAVIT

The contractor and/or the subcontractors, as applicable, shall comply with the California Public Code Section 7106, which is worded as follows:

“Any public works contract of a public entity shall include an affidavit, in the following form:

State of California )) ss.

County of Santa Clara )

, being first duly sworn, deposes and says that he or she is(Name) of (Title) (Contractor)

(DBA)the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive sham bid.”

The undersigned certifies under penalty of perjury that the foregoing is true and correct;

Signature

BIDDER NAME:

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LIST OF SUBCONTRACTORS

PROJECT: HEAD START REMODEL AT ROULEAU SCHOOL

Pursuant to the provisions of Sections 4100 to 4114 inclusive, of the California Public Contracts Code, and as set forth in Instructions to Bidders, and the General Conditions, the above named contractor hereby designates below the names and locations of the place of business of each subcontractor. District may request subcontractor license number.

SUBCONTRACTOR LOCATION OF BUSINESS WORK/TRADE

If no subcontractors are to be used please indicate on the top line of this form

BIDDER NAME:

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STATEMENT OF BIDDER’S QUALIFICATIONS

All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The bidder may submit any additional information.

1. When organized?

2. If Corporation, where incorporated?

3. How many years have you been engaged in the contracting business under your present firm or trade name?______________________________________________

4. Have you eve defaulted on a contract? If so, where and why?

5. Have you ever failed to complete any work awarded to you? If so, where and why?

How was it resolved?

6. List the projects currently under contract including the contract value, the scheduled completion date, contact person and phone number.

CONTRACT COMPLETION NAME VALUE DATE CONTACT & PHONE

Attach additional pages if needed.

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BIDDER NAME:

7. List experience in school construction work similar to this project. Provide a contact name and phone number.

PROJECT CONTACT & PHONE NUMBER

8. Do you currently have any legal action pending? If yes, please explain:

The undersigned hereby authorizes and requests any person, firm or corporation to furnish any credit history and financial condition or other information required by the District in verification of the recitals comprising this Statement of Bidder’s Qualifications. I hereby certify that the above information is true and correct to the best of my knowledge and that the District may rely on the information provided.

THIS STATEMENT MUST BE NOTARIZED.Attach the “California All Purpose Acknowledgement” duly notarized.

NAME OF CONTRACTOR:

BY: Signature Title

Type/Print Name Date

Signature Title

Type/Print Name Date

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BIDDER NAME:

Bidder is a: (circle one)Corporation Partnership Individual Joint Venture Other ____

(Specify)NAMES AND TITLES OF KEY MEMBERS OF FIRM:(Name of person signing the bid on behalf of the bidder and all general partners, if a partnership, must be included.)

NAME OF PRESIDENT IF A CORPORATION:

NAME OF SECRETARY IF A CORPORATION:

CALIFORNIA CONTRACTORS LICENSE(S):

Name of License(s):

Classification(s) Number Expiration Date

(For Joint Ventures, list Joint Venture's license or licenses for all Joint Venture partners.)

The following documents are submitted with and made a condition of this bid:

1. Bid security in the form of (fill in type of bid security)

Corporation is organized under the laws of the State of

Corporate Seal:

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Name of bidder's firm:

Address:

By: __________________________________________________(Signature)__________________________________________________(Print or Type Name)

By: __________________________________________________(Signature)__________________________________________________(Print or Type Name)__________________________________________________(Print or Type Title)

(If signature is by other than the sole proprietor, general partner, or corporate officers, attach an original Power of Attorney.)

END OF SECTION

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SECTION 004101 – BID FORM INSTRUCTIONS

1.0 GENERAL

1.1 BID FORMS

A. Bidders are required to use the Bid Form provided in Section 004100, Bid Form. Additional proposal forms may be obtained from the construction manager.

2.0 FORMAT

2.1 BID FORMAT

A. A responsive bid consists of all the following:

1. Completion of all pages of the Bid Form (Section 004100)

B. Bids shall be submitted in a sealed bid envelope. On the face of the envelope clearly write or type “BID PROPOSAL FOR HEAD START REMODEL AT ROULEAU SCHOOL #B38-11-12 – DO NOT OPEN.

C. All spaces provided on the Bid Form shall be filled in. If any space provided is

not utilized by the bidder, that space shall be filled in with the notation “N/A” (Not Applicable).

D. The Bid Form shall be type written or manually printed in ink.

E. Where indicated, all amounts shall be expressed in words and in figures. In case of discrepancy, the amount written in words shall govern.

F. Bidders shall not make unsolicited notations or statements on the Bid Form. Alteration of the Bid Form is not permitted, and may result in the bid being considered non-responsive.

G. All changes to and erasures of the bidder’s entries shall be initialed by the signer of the bid.

H. Each bid shall include the legal name of the bidder and a statement regarding whether the bidder is a sole proprietor, a partnership, a corporation, or other type of legal entity. Bids submitted by corporations shall have the state of incorporation noted. Any bid submitted by an agent shall have a current Power of Attorney attached, certifying the agent’s power to bind the bidder.

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3.0 COMPLETION OF BID FORMS

3.1 BID FORM (Section 004100)

A. Submit only one Bid Form.

B. Fill in the numbers and dates on all Addenda received and considered in the bid. Bids must include acknowledgement of all addenda issued prior to the bid date.

C. Fill out and sign the Certificate of Nondiscrimination by Seller

D. Fill out and sign the Non-Collusion Affidavit.

E. Fill in List of Subcontractors; if there will not be any subcontractors, state that on the top line and sign the form.

F. Type or print the signer’s name and title in the spaces provided below the signature.

G. Date the Bid Form in the spaces provided.

H. Place the bidder’s name on each sheet in the space provided.

I. Attach the “California All Purpose Acknowledgement” notarized document to the bid.

J. List contractor’s license number and expiration date. Sign and date the bid document in the space provided on page eleven (9). The signature is binding for all items within the bid except where additional signature is needed.

3.2 SUBMISSION OF BIDS

A. Bids shall be submitted to the County in writing, at the location stated in Section 002113, Instructions to Bidders. Telephone and faxed proposals will not be accepted.

B. Bids shall be submitted by the time and date stated in Section 002113, Instructions to Bidders.

C. Bidders shall bear full responsibility for delivering bids to the location for receipt of bids by the time and date for receipt of bids.

D. No telephones will be provided by the County for use by bidders when preparing their bid.

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3.3 MODIFICATIONS OR WITHDRAWAL OF BIDS

A. A bid may not be withdrawn by the bidder following the time and date designated for the receipt of bids, except in accordance with Sections 5100 – 5108 of the Public Contract Code.

B. Prior to the time and date designated for receipt of bids, bids may be modified or withdrawn. Modifications and withdrawals shall be in writing. Telephone or fax modifications will not be accepted.

C. Withdrawn bids may be resubmitted up to the time and date designated for receipt of bids.

END OF SECTION

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SECTION 004102 – BID PACKAGE DESCRIPTIONS

1.0 GENERAL

1.1 SUMMARY

1. This Section includes Bid Package Descriptions

1.2 RELATED SECTIONS

A. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Special Conditions and Division 1 of these Contract Documents.

B. Section 011000, Summary of Work

1.3 BID PACKAGE DESCRIPTIONS

A. Bid Package titles

Package A: General Construction

B. For the purpose of clarity, the scope of work for each Bid Package has been divided into three categories: "INCLUDED", "ALSO INCLUDED", and "EX CLUDED".

1. Items listed under "INCLUDED" are the standard and/or "conventional" work scope of each Bid Package.

2. Information provided under "ALSO INCLUDED" points out some items which may be considered less obvious or "unconventional," but which are included in the work scope of each Bid Package. (Information under this heading is not always necessary to delineate a Bid Package.)

3. Information provided under "EXCLUDED" is for the purpose of indicating beginning and termination points, and/or to provide an understanding of fringe involvement included in Bid Packages. (Information under this heading is not always necessary to delineate a Bid Package.)

C. Bid Packages are the categories of work into which the project will be divided for bidding and construction.

1. Bid Package Descriptions are written descriptions of the Scope of Work included in each of the bid packages.

2. Bid Package Descriptions have been written to clearly define each bid package. Contractors are encouraged to request information or

24



clarification by calling the construction manager. The County will not be responsible for a contractor’s incorrect interpretation of the bid packages.

3. Each contractor shall become familiar with the work scopes of all other bid packages that interface with the bid package of which a bid is being submitted. Each contractor shall consider that the work of contractor’s bid package(s) may follow the work of another bid package, that other contractors may perform work after the work of contractor’s bid package(s) and that other contractors may work simultaneously with the work of contractor’s bid package(s). Each contractor shall include provisions for such sequencing and scheduling, and for cooperation and coordination with such other contractors on the project.

D. DESCRIPTIONS OF BID PACKAGES

1. Bid Package A: General Construction

a. Included, but not limited to:

1) Provide all submittals, labor, materials, apparatus, tools, equipment, transportation, temporary construction and special services as required for all the work as called for in the Contract Documents and Specifications.

2) Provide demolition of all work shown on project plans. Include hazardous materials abatement indicated in Section 003100, Investigation Reports. Hazardous material abatement is to be performed during hours when school is not in session.

3) Provide demolition, removal, and disposal of casework to be demolished as indicated on plan.

4) Provide new casework and casework support where necessary, and installation as indicated on plan

5) Provide demolition, removal, and disposal of plumbing fixtures to be demolished as indicated on plan.

6) Provide new plumbing fixtures, carriers, piping and support where necessary and installation as indicated on plan.

7) Provide any additional rough carpentry required for the installation of the structural supports that may be required.

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8) Provide demolition, removal, disposal of any interior walls removed as indicated per plan

9) Provide demolition, removal, disposal of any interior ceiling material to be altered due to construction of new rated or non rated ceiling, rated or non rated non bearing walls indicated per plan

10) Provide material and installation of new rated or non rated walls in the lobby area.

11) Provide material and installation of new rated or non rated doors and windows in the lobby area

12) Provide new toilet room accessories in remodeled restrooms.

13) Provide demolition, removal, disposal of any concrete slab required to be removed as indicated per plan.

14) Provide all signage as indicated per plan

15) Provide material necessary and install concrete back fill as indicated per plan.

16) Provide all finish material and installation to the additional office, observation rooms.

17) Provide material and install all finishes related to restroom and kitchen renovations.

18) Provide and material and install all door hardware as indicated on plan

19) Provide all joint sealants and caulking for this bid package’s scope of work, as shown on the plans and/or as specified.

20) Provide labor and necessary material for removal and reinstallation of doors at classroom restrooms.

21) Provide labor and material necessary to patch ceiling to match adjacent condition

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22) Provide demolition, new material, installation, and connection of 2 new HVAC units.

23) Provide any additional rough carpentry required for the installation of the new mechanical units that may be required, including any sleepers or supports for the new units, roof mounted ductwork, gas and condensate piping and electrical conduits.

24) Provide all structural carpentry and misc. metals required for roof mounted equipment.

25) Provide removal of all existing roofing material down to roof deck, including flashing, sheetmetal, accessories and trim.

26) Provide all joint sealants and caulking for this bid package’s scope of work, as shown on the plans and/or as specified.

27) Provide flashing, roof jacks and sheetmetal and counter-flashing as required for roof top equipment and penetrations associated with the work, to create a watertight installation as shown in plans and/or as specified.

28) Provide all sheet metal, flashing and trim, including but not limited to, all gutters and downspouts, sheet metal flashing pans, galvanized sheet metal, flashing and trim, scuppers, drips, gravel stops, counter flashing, roof accessories, and all other miscellaneous sheet metal for the project as shown on the plans and/or as specified.

29) Provide all single ply roofing, roofing specialties and accessories as shown in plans and as specified. Seal all roof jacks. Provide water testing after completion of roofing to confirm all roof penetrations are water tight. If leaks are identified, provide a detailed plan showing where leaks occurred. Repair all damage caused by leaks at no additional cost to the County.

30) Provide all Mechanical work as shown in the plans and specifications including, but not limited, to air handling units, roof mounted duct work, ventilators, unit ventilators, condensers, re-heat coils, air separators, pumps, expansion tanks, final connections, filters, fire dampers, duct detectors and wiring, thermostats, seismic bracing, duct insulation, curbs for HVAC equipment, flues, hot water heating piping and fittings, water

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treatment, as shown on the plans and/or as specified in Division 22, Plumbing.

31) Provide all mechanical duct and piping supports on roof as shown on the plans and/or specifications. Install to attain watertight conditions.

32) Provide and install all mechanical ductwork related to new mechanical units.

33) Provide and install thermostat as indicated per plan.

34) Provide and install for HVAC duct detectors and test stations.

35) Provide material and labor need for any interior ductwork alteration to the existing system due to interior work

36) Provide and install ceiling access panels.

37) Provide all new electrical as shown on plans and as listed in specifications Division 26, Electrical.

38) Provide all electrical connections to new mechanical equipment.

39) Provide demolition, removal and disposal of light fixtures as indicated per plan.

40) Provide and install all light fixtures as indicated per plan

41) Provide and install all emergency light fixtures as indicated per plan

42) Provide and install all exit signs as indicated per plan

43) Provide and install new assistive listening device system

44) Provide, install and connect new fire alarm devices as indicated on plan to existing fire alarm systems.

b. Also Included, but not limited to:

1) Provide protection of all surrounding areas, including but not limited to, buildings, landscaping, pavements, walkways, curbs, curbs and gutters, driveways, noted to remain. Provide and maintain adequate barricades and

28



safety precautions required by all applicable local and state codes.

2) Provide daily clean-up of all trash generated by the work under this contract.

3) Modifications to existing fence may be required in order to provide access to Contractors. Contractor is to include labor and materials required to modify existing fences and repair upon completion of work.

4) Provide and maintain portable toilet facilities for the entire duration of the project for the use of all contractors on site. A minimum of two must be provided. However, contractor is responsible to provide the appropriate quantity to accommodate the number of workers on site at any given time and as required by code at no additional cost to the County.

5) Provide as built record drawings showing original contract, addenda, RFIs, change order work and additional work, including the cost of reproducing those drawings for the County.

6) Provide daily maintenance and securing of temporary construction fencing (provided by others)

7) Hazardous Materials abatement as described in Survey and Evaluations and Plans by IHI Environmental.

c. Excluded:

1) DSA permit fees.

END OF SECTION

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SECTION 004313 – BID SECURITY

1.0 GENERAL

1.1 BID SECURITY

A. All bids must be valid for the time specified in Section 002113, Instructions to Bidders.

B. Each bid shall be accompanied by Bid Security, pledging that the bidder will enter into a contract with the County in accordance with the terms stated in the bid and will furnish bonds as described in Section 006516, Insurance Certificates. The Bid Bond, Faithful Performance Bond and the Labor and Materials Payment Bond must be issued by an insurance commissioner to transact surety business in the State of California during this calendar year. Should the bidder refuse to enter into such contract or fail to furnish such bonds, the amount of the bid security shall be forfeited to the County as damages, not as a penalty.

C. Bid security shall be in the amount of ten percent (10%) of the base bid.

D. Bid security shall be in the form of a bid bond, cashier’s check or a certified check. The County shall be listed as obligee on the bond or as payee on the check.

E. If a bid bond is submitted, the attorney-in-fact who executes the bond of behalf of the surety shall attach to the bond a certified, current copy of his power of attorney. The bid bond form supplied by the surety is adequate.

F. Bid security from all bidders will be retained a minimum of fifteen (15) days after bids have been opened. The bid security will be retained for the two lowest responsive bidders until the successful bidder executes a contract.

G. Bid security for the two lowest responsive bidders will be returned to bidders within ten (10) days after construction contracts with the successful bidder has been fully executed. If the successful bidder withdraws his bid within the period specified therein for acceptance, or upon acceptance thereof by the County, and fails to enter into the contract and provide bonds within the time specified after the forms are presented to him, he shall be liable for any difference by which the cost of securing the supplies or services exceeds the amount of bid, and the bid security shall be available toward offsetting such difference.

END OF SECTION

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SECTION 005000 – NOTICE OF INTENT & AGREEMENT

1.0 GENERAL

1.1 NOTICE OF INTENT TO AWARD

A. The County may elect to issue a Notice of Intent to Award prior to execution of County/Contractor Agreements.

B. Upon receipt of such a Notice of Intent, the contractor shall review it for completeness and accuracy. If the Contractor has any comments regarding the content, they must notify the County in writing within two (2) working days.

C. Should a Notice of Intent to Award be issued, the Contractor shall submit all required post bid documents by the fifth (5th) working day following the date of issue of the Notice of Intent to Award. The post bid documents include:

1. Certificates of Insurance (Section 006516)

2. Schedule of Values

3. Preliminary

1.2 COUNTY/CONTRACTOR AGREEMENT

A. The Agreement between the County and each contractor will be written on the County’s standard Purchase Order Form.

B. The Purchase Order Form will be completed by the County and will be sent to the selected contractor.

C. The Purchase Order, along with all other bidding documents as defined in Section 002113, Instructions to Bidders will be the entire, integrated contract between the County and each contractor.

D. Upon receipt of a Purchase Order, the successful bidder shall review it for completeness and accuracy.

E. The County will execute the Purchase Order after all required post bid documents have been submitted.

F. The Purchase Order will serve as the Contractor’s Notice to Proceed.

END OF SECTION

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SECTION 006516 – INSURANCE CERTIFICATES

1.0 GENERAL

1.1 INSURANCE CERTIFICATES

A. Each contractor shall provide insurance certificates to the construction manager for delivery to the County indicating that all required insurance coverage is in force prior to beginning work on the project.

B. Use a standard Insurance Certificate Form such as the “Accord” form available from your insurance agent. Also include the County, the construction manager, and their agents, representatives and employees to be added to the original certificate as additional named insured.

1.2 CONTRACTOR’S LIABILITY INSURANCE

A. The contractor shall purchase and maintain liability insurance to protect the County, the construction manager, and their agents, representatives and employees from claims set forth below which may arise out of or result from the contractor’s operations under the contract whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required shall include contractual liability insurance applicable to the contractor’s obligations. The following claims shall be covered.

1. Claims under worker’s compensation, disability benefit and similar employee benefits acts (with worker’s compensation and employer’s liability insurance in an amount not less than those necessary to meet the statutory requirements of the state(s) having jurisdiction over an portion of the work);

2. Claims for damages because of public liability bodily injury, occupational sickness or disease, or death of this contractor’s employees, not less than three million dollars ($3,000,000);

a. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees arising out of any one occurrence;

b. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the contractor, or (2) by any other person;

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3. Claims for damage, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom in the amount of not less than three million dollars ($3,000,000) against any liability arising directly or indirectly out of any activity, performance, or operation under the contract;

4. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership maintenance or use of any motor vehicle, owned, hired and non-owned with minimum limits of liability, per occurrence, of three million dollars ($3,000,000) for bodily injury and property damage.

B. All policies shall contain a provision requiring thirty (30) days written notice to be given to the County prior to cancellation, modification, or reduction of limits. The standard cancellation clause on the certificate shall be changed from:

“Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agent or representative.”

to:

“Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named.”

C. The insurance required shall be primary and non-contributory to any insurance possessed or procured by the County and limits of liability shall be not less than those set forth.

D. Certificates of insurance acceptable to the County shall be filed with the County prior to commencement of work.

1.3 PROPERTY INSURANCE

A. The County will provide property insurance in accordance with the general conditions of the contract documents. The contractor shall be responsible for and pay all costs of the deductible up to a maximum of $10,000 for each claim.

B. The County will provide an endorsement listing the construction manager and the architect as additional insureds under all such policies of insurance.

END OF SECTION

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SECTION 007200 – GENERAL CONDITIONS

TABLE OF CONTENTSSANTA CLARA COUNTY OFFICE OF EDUCATION

Article 1. NOT USED....................................................................................................................Article 2. LAWS CONCERNING THE COUNTY A PART HEREOF...................................38Article 3. SITE INVESTIGATION...........................................................................................38Article 4. STATUS OF CONTRACTOR..................................................................................38Article 5. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY.........39Article 6. CONTRACTOR'S SUPERVISION..........................................................................39Article 7. SUBCONTRACTORS..............................................................................................39Article 8. PROHIBITED INTERESTS......................................................................................40Article 9. COUNTY'S INSPECTOR.........................................................................................40Article 10. NOT USED....................................................................................................................Article 11. NOT USED....................................................................................................................Article 12. NO ORAL AGREEMENTS......................................................................................41Article 13. ASSIGNMENT OF ANTITRUST ACTIONS..........................................................41Article 14. OTHER CONTRACTS.............................................................................................42Article 15. OCCUPANCY...........................................................................................................42Article 16. COUNTY'S RIGHT TO DO WORK........................................................................43Article 17. COUNTY'S RIGHT TO TERMINATE OR SUSPEND CONTRACT....................43Article 18. CONTRACTOR'S RIGHT TO TERMINATE CONTRACT...................................44Article 19. NOT USED....................................................................................................................Article 20. NOT USED....................................................................................................................Article 21. FIRE INSURANCE...................................................................................................45Article 22. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.......................45Article 23. WORKERS' COMPENSATION INSURANCE.......................................................45Article 24. PROOF OF CARRIAGE OF INSURANCE.............................................................46Article 25. PLANS AND SPECIFICATIONS............................................................................46Article 26. OWNERSHIP OF PLANS........................................................................................48Article 27. DETAIL DRAWINGS AND INSTRUCTIONS.......................................................48Article 28. NOT USED....................................................................................................................Article 29. LAYOUT AND FIELD ENGINEERING.................................................................49Article 30. SOILS INVESTIGATION REPORT........................................................................49Article 31. TESTS AND INSPECTIONS...................................................................................49Article 32. NOT USED....................................................................................................................Article 33. VERIFICATION OF TEST REPORTS....................................................................50Article 34. TRENCHES...............................................................................................................50Article 35. DOCUMENTS ON WORK.......................................................................................51Article 36. STATE AUDIT..........................................................................................................51Article 37. NOT USED....................................................................................................................Article 38. NOT USED....................................................................................................................Article 39. NOT USED....................................................................................................................Article 40. MATERIALS AND WORK......................................................................................52

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Article 41. INTEGRATION OF WORK.....................................................................................53Article 42. OBTAINING OF PERMITS, LICENSES AND EASEMENTS..............................53Article 43. SURVEYS.................................................................................................................54Article 44. EXISTING UTILITY LINES; REMOVAL, RESTORATION................................54Article 45. WORK TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS........54Article 46. ACCESS TO WORK.................................................................................................55Article 47. PAYMENTS BY CONTRACTOR...........................................................................55Article 48. LIENS........................................................................................................................55Article 49. MUTUAL RESPONSIBILITY OF CONTRACTOR...............................................56Article 50. NOT USED....................................................................................................................Article 51. UTILITIES.................................................................................................................56Article 52. SANITARY FACILITIES.........................................................................................56Article 53. CLEANING UP.........................................................................................................56Article 54. PATENTS, ROYALTIES, INDEMNITIES, AND TAXES.....................................57Article 55. GUARANTEE...........................................................................................................57Article 56. DUTY TO PROVIDE FIT WORKERS....................................................................58Article 57. WAGE RATES, TRAVEL AND SUBSISTENCE...................................................58Article 58. HOURS OF WORK...................................................................................................59Article 59. PAYROLL RECORDS..............................................................................................60Article 60. APPRENTICES.........................................................................................................61Article 61. LABOR FIRST AID..................................................................................................62Article 62. PROTECTION OF PERSONS AND PROPERTY...................................................63Article 63. AFFIRMATIVE ACTION EMPLOYMENT PROGRAM.......................................64Article 64. SCHEDULE OF VALUES........................................................................................65Article 65. CONTRACTOR CLAIMS........................................................................................65Article 66. NOT USED....................................................................................................................Article 67. PAYMENTS..............................................................................................................69Article 68. CHANGES AND EXTRA WORK...........................................................................70Article 69. COMPLETION..........................................................................................................72Article 70. ADJUSTMENT TO CONTRACT PRICE................................................................73Article 71. CORRECTION OF WORK.......................................................................................73Article 72. EXTENSIONS OF TIME AND DELAY DAMAGES.............................................73Article 73. PAYMENTS WITHHELD........................................................................................74Article 74. EXCISE TAXES........................................................................................................76Article 75. TAXES.......................................................................................................................76Article 76. NO ASSIGNMENT...................................................................................................76Article 77. NOTICE AND SERVICE THEREOF.......................................................................76Article 78. NO WAIVER.............................................................................................................77Article 79. SEVERABILITY.......................................................................................................77Article 80. HAZARDOUS MATERIALS...................................................................................77Article 81. MATERIAL SAFETY DATA SHEETS (MSDS)....................................................77Article 82. CONSTRUCTION MANAGEMENT.......................................................................78Article 83. TIMELY PROGRESS PAYMENTS & INTEREST.................................................78

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GENERAL CONDITIONS


Article 1. NOT USED

Article 2. LAWS CONCERNING THE COUNTY A PART HEREOF

Contract is subject to all provisions of the Constitution and laws of California governing, controlling, or affecting the County, or the property, funds, operations, or powers of the County, and such provisions are by this reference made a part hereof.

Article 3. SITE INVESTIGATION

Before bidding on this Work, Contractor shall make a careful investigation of the site and thoroughly familiarize itself with the requirements of Contract. By the act of submitting a bid for the Work included in this Contract, Contractor shall be deemed to have made such study and investigation and represents that it is familiar with and accepts the existing conditions of the site. If required, Contractor will submit with its bid a Site Visit Certification, evidencing its investigation of the site.

Article 4. STATUS OF CONTRACTOR

(a) Contractor and subcontractors are, and shall at all times be deemed to be, independent contractors and shall be wholly responsible for the manner in which they perform the services required of them by the terms of this Contract. Nothing herein contained shall be construed as creating the relationship of employer and employee, principal and agent, or joint ventures between the County or any of the County’s employees or agents, on the one hand, and Contractor or any of Contractor’s agents, employees, or subcontractors, on the other hand. Contractor assumes exclusively the responsibility for the acts of its agents, employees, and subcontractors as they relate to the services to be provided during the course and scope of their work. Contractor, its agents, employees and subcontractors shall not be entitled to any rights or privileges of the County employees. The County shall be permitted to monitor the activities of Contractor to determine compliance with the terms of this Contract.

(b) Contractor and subcontractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, 3132 Bradshaw Road, Post Office Box 2600, Sacramento, California, 95826.

(c) The Contractor shall be responsible to the County for acts and omissions of the Contractor’s employees, representatives and agents and those of the subcontractor, its employees, representatives and agents, and all other persons performing any portion of the Work under a contract or at the request of Contractor. The Contractor shall not be relieved of the obligation to perform the Work in accordance with the Contract Documents because of activities or duties

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performed by the Construction Manager, if there is one, Architect, Inspector, or by tests, inspections or approvals required or performed by persons other than Contractor.

Article 5. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY

Before Contractor makes any change in the name or legal nature of the Contractor’s entity, Contractor shall first notify the County directly, or through the Construction Manager, if there is one, and cooperate with the County in making such changes as in this Contract the County may request.

Article 6. CONTRACTOR'S SUPERVISION

(a) During progress of the Work, Contractor shall keep on the premises (including both the site and the plant) a competent construction superintendent who is an employee of the Contractor, and is satisfactory to the County, as indicated directly, or through the Construction Manager, if there is one. Before commencing the Work herein, Contractor shall give written notice directly to the County, or through the Construction Manager, if there is one, of the name of such superintendent. The Contractor’s construction superintendent shall not be changed except with prior written notice to the County or Construction Manager, if there is one, unless the Contractor’s construction superintendent proves to be unsatisfactory to Contractor, the County, or any of the County’s employees or agents, in which case, Contractor shall notify the County directly, or through the Construction Manager, if there is one, in writing. The Contractor’s construction superintendent shall represent Contractor, and all directions given to Contractor’s construction superintendent shall be binding on the Contractor.

(b) Contractor shall give efficient supervision to Work, using its best skill and attention. Contractor shall carefully study and compare all drawings, specifications, and other instructions and shall at once report to the County, directly, or through the Construction Manager, if there is one, any error, inconsistency or omission that Contractor, its employees or subcontractors may discover, in writing with a copy to the County’s inspector. The Contractor’s construction superintendent shall have sole responsibility for discovery of errors, inconsistencies or omissions.

Article 7. SUBCONTRACTORS

(a) Contractor agrees to bind every subcontractor by terms of Contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this Contract, Contractor shall be as fully responsible to the County for acts and omissions of any subcontractor and of persons either directly or indirectly employed by any subcontractor, as it is for acts and omissions of persons directly employed by Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the County, nor shall this Contract be construed to be for the benefit of any subcontractor. The Divisions or Sections of the Contract Documents (Specifications) are not intended to control the Contractor in dividing the work among subcontractors or limit the work performed by any trade.

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(b) The County’s consent to, or approval of, any subcontractor under this Contract shall not in any way relieve Contractor of any obligations under this Contract and no such consent shall be deemed to waive any provisions of this Contract.(c) Pursuant to Section 4104 of the Public Contract Code, Contractor must submit a List of Subcontractors with its bid. If Contractor specifies more than one subcontractor for the same portion of work or fails to specify a subcontractor, and such portion of the Work exceeds one-half of one percent (1/2 of 1%) of the total bid, Contractor agrees that it is fully qualified and licensed to perform and shall perform such work itself, unless Contractor provides for substitution or addition of subcontractors. Substitution or addition of subcontractors shall be permitted only as authorized in Chapter 2 (commencing at Section 4100), Division 5, Title 1 of the Public Contract Code.

(d) The Contractor shall be responsible for the coordination of the trades, subcontractors and material men engaged upon the Work.

(e) The County will not undertake to settle any differences between the Contractor and its subcontractors or between subcontractors.

(f) In accordance with Sections 4107 and 4107.5 of the Public Contract Code, the Contractor shall not without consent in writing of the County: (1) substitute any person as a subcontractor in place of the subcontractor designated in the original bid; (2) permit any such subcontractor to be assigned or transferred, or allow any portion of the Work to be performed by anyone other than the original subcontractor listed in the bid; or (3) sublet or subcontract any portion of the Work in excess of one-half of one percent (1/2 of 1%) of the Contractor’s total bid as to which its original bid did not designate a subcontractor.

Article 8. PROHIBITED INTERESTS

No official of the County that is authorized on behalf of the County to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with construction of Project, shall become directly or indirectly interested financially in this Contract or in any part thereof. No officer, employee, attorney, or inspector for the County who is authorized on behalf of the County to exercise any executive, supervisory or other similar function in connection with construction of Project shall become directly or indirectly interested financially in this Contract or in any part thereof. Contractor shall receive no compensation and shall repay the County for any compensation received by Contractor hereunder, if Contractor aids, abets or knowingly participates in the violation of this Article.

Article 9. COUNTY’S INSPECTOR

(a) One or more inspector(s), including special inspectors, as required, will be employed and assigned to the Work by the County, in accordance with requirements of Title 24, Part 1, of the California Code of Regulations. Duties of an inspector are specifically defined in Part 1 of Title 24.

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(b) No work shall be carried on except with the knowledge and under the inspection of Inspector(s). Inspector(s) shall have free access to any or all parts of Work at any time. Contractor shall furnish Inspector reasonable opportunities for obtaining such information as may be necessary to keep Inspector fully informed regarding progress and manner of work and character of materials. Inspection of Work shall not relieve Contractor from any obligation to fulfill this Contract. Inspector shall be authorized to stop work whenever provisions of the Contract are not being complied with and such noncompliance is discovered. Contractor shall instruct its employees accordingly.

(c) Contractor acknowledges that Inspector has no contractual duty to Contractor, express or implied, and that Contractor is not an intended beneficiary of the Inspector’s contract with the County.

Article 10. NOT USED


Article 12. NO ORAL AGREEMENTS

No oral agreement or conversation with any officer, agent, or employee of the County, either before or after execution of Contract, shall affect or modify any of the terms or obligations contained in any of the Contract Documents.

Article 13. ASSIGNMENT OF ANTITRUST ACTIONS

(a) Section 4553 of the Government Code, in part, states:

If an awarding body or public purchasing body receives, either through judgment or settlement, monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

(b) Section 4554 of the Government Code, in part, states:

Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

Contractor, on behalf of itself and all of its subcontractors, agrees to assign to the County all rights, title, and interest in and to all such causes of action Contractor and/or its subcontractors may have hereunder. This assignment shall become effective at the time the County tenders final payment to the Contractor, and Contractor shall require assignments from all subcontractors in compliance herewith.

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Article 14. OTHER CONTRACTS

(a) The County reserves the right to employ other prime contractors to perform services for the County at the same time as Contractor, and the right to let other contracts in connection with this Work. Contractor shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly coordinate and connect its work with that of such other contractors.

(b) If any part of Contractor’s work depends for proper execution or results upon work of any subcontractor or any other contractor, the Contractor shall inspect and promptly report to the County in writing any defects in such work that render it unsuitable for such proper execution or results. Contractor will be held accountable for damages to the County for that work that it failed to inspect or should have inspected. Contractor’s failure to inspect and report shall constitute its acceptance of other contractor's work as fit and proper for reception of its work, except as to latent defects that may be discovered in the work of another contractor after the execution of Contractor’s work.

(c) To insure proper execution of its subsequent work, Contractor shall measure and inspect work already in place and shall at once report to the County in writing any discrepancy between executed work and Contract Documents.

(d) Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the County in prosecution of the Project to the end that Contractor may perform this Contract in light of such other contracts, if any.

(e) Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on Project. If simultaneous execution of more than one Contract for the Project is likely to cause interference with performance of some other contract or contracts, the County shall decide which contractor shall cease or suspend work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

(f) The County shall not be responsible for any damages suffered or extra costs incurred by Contractor resulting directly or indirectly from award or performance or attempted performance of any other contract or contracts on Project, or caused by any decision or omission of the County, or Construction Manager, if there is one, respecting the order of precedence in performance of contracts.

Article 15. OCCUPANCY

The County reserves the right to occupy portions of the Project at any time before completion, and such occupancy shall not constitute final acceptance of any portion of the Work or preclude the assessment of liquidated damages after such occupancy. The Contractor will not be subject to performing work or repairs caused by the County’s use of the occupied areas. Condition of

40



areas to be occupied by the County shall be mutually inspected by the County, Construction Manager (if there is one), Architect, inspector, and Contractor. Such occupancy shall not extend the Contract Time. The Contractor will be required to complete punch list items documented by the County, Inspector, and Contractor prior to final payment.

Article 16. COUNTY'S RIGHT TO DO WORK

Should the Contractor at any time during the process of construction, fail or refuse to furnish enough materials or workmen to properly execute the Work, unless prohibited from so doing through the action of the County or other authorized agents, the County, after giving five (5) working days written notice to Contractor, either directly or through the Construction Manager, if there is one, may without prejudice to any other right it may have, proceed to furnish the materials and/or workers necessary to proceed with or complete the Work and may deduct the cost thereof, together with reasonable expenses arising from such procedure, from any amounts then due or that may thereafter become due to Contractor.

Article 17. COUNTY'S RIGHT TO TERMINATE OR SUSPEND CONTRACT

(a) If Contractor refuses or fails to execute the Work or any separable part thereof with such diligence as will insure its completion within the Contract Time or any extension thereof, or fails to complete said Work within such time, or if Contractor should file a petition for relief as a debtor, or should relief be ordered against Contractor as a debtor under Title 11 of the United States Code, or if Contractor should make a general assignment for the benefit of its creditors, or should a receiver be appointed on account of its insolvency, or if it should repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or persistently disregard laws or ordinances or instructions of the County, or if Contractor or its subcontractor should otherwise materially violate any provision of this Contract, then the County may, without prejudice to any other right or remedy, serve written notice upon Contractor and its Surety of the County’s intention to terminate this Contract, such notice to contain the reasons for such intention to terminate. Unless within ten (10) calendar days after the service of such notice such condition or violation shall cease and arrangement satisfactory to the County for the correction thereof be made, this Contract shall upon the expiration of said ten (10) calendar days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until except as provided as herein.

(b) In the event of any such termination, the County shall immediately serve written notice thereof upon Surety and Contractor, and Surety shall have the right to take over and perform this Contract, provided, however, that if Surety does not give the County written notice of its intention to take over and perform this Contract within ten (10) calendar days after service upon it of said notice of termination and does not commence said performance on a timely basis acceptable to the County, the County may take over the Work and execute same to completion. The County may enter a contract with another contractor, or complete the Work by any other method it may deem advisable for the account and at the expense of Contractor, and Contractor and its Surety shall be liable to the County for any cost and/or other damages incurred by the County as a result of such termination, including without limitation, attorneys’ fees, all costs

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necessary to repair Contractor’s work not in compliance with the Contract Documents, and all costs necessary for the completion of the Work in excess of the Contract Price. Time is of the essence in this Contract, and therefore, Contractor and its Surety shall also be liable for any delay caused by such termination, consistent with the provisions of the Contract Documents pertaining to liquidated damages. If the County takes over the Work, as hereinabove provided, the County may, without liability for so doing, take possession of, and utilize in completing the Work, such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work, in bonded storage, or previously paid for, and necessary thereof.

(c) If the unpaid balance of Contract Price exceeds the expense of finishing the Work, including, but not limited to, compensation for additional legal, architectural, managerial, inspection and administrative services, such excess shall be paid to Contractor. If such expense shall exceed such unpaid balance, Contractor and/or surety shall pay the difference to the County, in addition to any other damages provided under this Contract and/or by law.

(d) The County may, without cause, order Contractor in writing to suspend, delay, or interrupt the Work in whole or in part for such period of time as the County may determine necessary. An adjustment shall be made for any actual, reasonable, and necessary increases in the cost of Contractor’s performance of the Contract caused by such suspension, delay or interruption unless: (1) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or (2) that an equitable adjustment or claim is made or denied under another provision of the Contract.

(e) The County may, at any time and without cause, terminate the Contract for the County’s convenience. Upon receipt of written notice from the County of such termination for convenience, Contractor shall: (1) cease operations as directed in the notice; (2) take actions necessary, and such actions that the County may direct, for the protection and preservation of the Work; and (3) except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. In case of such termination for the County’s convenience under this provision, the Contractor shall be entitled to receive payment for work performed under this Contract, and actual, reasonable and necessary costs incurred by reason of such termination.

(f) If the Contract is terminated under Paragraph (a) of this Article, and it is subsequently determined for any reason that the Contractor was not in default under the provisions thereof, the termination shall be deemed a termination for convenience of the County under Paragraph (e) of this Article, and the rights of the Contractor and the County shall be determined in accordance with the provisions thereof.

(g) The foregoing provisions are cumulative to, and do not limit, any other rights or remedies available to the County.

Article 18. CONTRACTOR'S RIGHT TO TERMINATE CONTRACT

If through no fault of Contractor, or of anyone employed by it, (1) the Work is stopped by order

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of any court or governmental authority, other than the County, or (2) the County fails to issue payment to Contractor within sixty (60) calendar days after it is due, then Contractor may, upon ten (10) calendar days after service of written notice to the County, stop work or terminate the Contract. Contractor’s damages shall be limited to direct, actual, and unavoidable additional costs of labor, materials or equipment directly resulting from (2), above.



Article 21. FIRE INSURANCE

The Contractor shall be responsible for securing and maintaining fire insurance and any other appropriate insurance covering any tool, equipment, or supplies that are expected to remain its property.

Article 22. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

(a) Contractor shall procure and maintain during the life of this Contract such Comprehensive General Liability, Automobile Liability, and Public Liability Insurance as shall protect the Contractor, County, County’s officers, Construction Manager, agents, and employees from all claims for personal injury, including accidental death, to any person (including, the County, its officers, ,agents, and employees, Construction Manager’s employees and Contractor’s or subcontractor's employees), as well as from all claims for property damage arising from operations under this Contract, with minimum limits, coverage, and other terms set forth in the Special Conditions.

(b) Contractor shall require its subcontractors, if any, to procure and maintain similar Comprehensive General Liability, Automobile Liability, Public Liability and Property Damage Insurance with minimum limits, coverage, and other terms set forth in the Special Conditions, as required of Contractor.

Article 23. WORKERS' COMPENSATION INSURANCE

(a) In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor and every subcontractor shall be required to secure the payment of compensation to its employees.

(b) Contractor shall provide for the duration of this Contract, Workers’ Compensation Insurance and Employer’s Liability Insurance for all of its employees engaged in work under this Contract, on or at the site of the Project, and if any of its work is subcontracted, Contractor shall require the subcontractor similarly to provide such insurance for all of the latter's employees. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the site of the Project, is not protected under the Workers' Compensation Statute, Contractor shall provide or shall cause a subcontractor to provide adequate insurance coverage for the

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protection of such employees not otherwise protected before subcontractor commences work. Contractor shall file with the County certificate of its insurance protecting Workers, and a thirty (30) day notice shall be provided to the County before the cancellation or reduction of any policy of Contractor or subcontractor.

Article 24. PROOF OF CARRIAGE OF INSURANCE

(a) Contractor shall not commence work nor shall it allow any subcontractor to commence work under this Contract until all required insurance and certificates have been obtained and delivered in duplicate to the County, and approved by the County.

(b) Certificates and insurance policies shall include the following:

1. A clause stating the following: "This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to the County and Construction Manager, if there is one, stating date of cancellation or reduction. Date of cancellation or reduction may not be less than thirty (30) calendar days after date of mailing notice."

2. Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period.

3. A clause stating that the County and Construction Manager, if there is one, are named additional insured under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by the County.

(c) If Contractor fails to pay premiums for coverage required by the Contract Documents to any of its insurers in a timely manner, the County reserves the right, at its sole discretion, to elect to pay all future premiums and to deduct those amounts from payments due or to become due to Contractor.

Article 25. PLANS AND SPECIFICATIONS

(a) Contract Documents are complementary, and what is called for in one provision, or illustrated in a drawing, shall be binding as if called for or illustrated by all.

(b) Materials or work described in words that have a well-known technical or trade meaning shall be deemed to refer to such meanings.

(c) Whenever a material, article or piece of equipment is referred to in the Contract Documents by brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article, or piece equipment of equal substance and function to those referred to in the Contract Documents by reference to brand name or catalogue number, and if, in

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the opinion of the County, such material, article, or piece of equipment is of equal substance and function to that specified, the County may approve its substitution and use by the Contractor in accordance with Section 3400 of the Public Contract Code. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or contractual completion date.

In accordance with Section 3400 of the Public Contract Code, the Contractor shall submit data to the County substantiating requests for substitution of "equal" items at least ten (10) calendar days prior to bid opening.

(d) Trade Name or Trade Term: It is not the intention of this Contract to detail the description of any materials and/or methods commonly known to the trade under "trade name" or "trade term." The mere mention or notation of such "trade name" or "trade term" shall be considered a sufficient notice to Contractor that it will be required to complete, finish and render operable the referenced work, including any and all appurtenances and incidental and accessory items to same, consistent with the best practices of all trade(s) involved.

(e) The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidental and accessory items thereto and/or labor therefore, as per best practices of the trade(s) involved, unless specifically noted otherwise.

(f) Interpretations: Figured dimensions on plans shall govern, but work not dimensioned shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship, and installation procedures. Plans and specifications are intended to be fully cooperative and to agree. In case of conflict, the specification calling for the higher quality, material or workmanship shall prevail. If Contractor observes that plans and specifications are in conflict, however, Contractor shall promptly notify the County in writing, and any necessary changes shall be adjusted as provided in the Article 68, entitled "Changes and Extra Work."

(g) Specifications and accompanying plans are intended to delineate and describe the Project and its component parts to such a degree as will enable skilled and competent contractors and subcontractors to intelligently bid upon the Work, and to carry said Work to a successful and complete conclusion.

(h) Plans and specifications are intended to comply with all laws, ordinances, rules and regulations of constituted authorities having jurisdiction, and where referred to in the Contract Documents, said laws, ordinances, rules and regulations shall be considered as a part of the Contract, within the limits specified. Contractor shall bear all expense of correcting work done contrary to said laws, ordinances, rules and regulations, if (1) Contractor or subcontractor knew or should have known that the work as performed is contrary to said laws, ordinances, rules and/or regulations and if Contractor performed same without first consulting the County for further instructions regarding said work or (2) if Contractor or subcontractor disregarded the

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County’s instructions regarding said work.

(i) Questions regarding interpretation of plans and specifications shall be clarified by the County in writing. Should Contractor commence work, or any part thereof, without seeking clarification, Contractor waives any claim for extra work or damage as a result of any ambiguity, conflict or lack of information.

(j) Contractor will be furnished, free of charge, 6 copies of plans and specifications. Additional copies may be obtained at cost of reproduction.

Article 26. OWNERSHIP OF PLANS

All copies of plans, drawings, designs, specifications, and copies of other incidental architectural and engineering work, or copies of other Contract Documents furnished by the County, are and remain the property of the County. They are not to be used by Contractor in any other work and, with the exception of signed sets of Contract Documents, are to be returned to the County upon request at the completion of Work or in the event of termination. Further, the plans and specifications may be used by the County, as it may require, without any additional cost to the County.

Article 27. DETAIL DRAWINGS AND INSTRUCTIONS

(a) In case of ambiguity, conflict, or lack of information, the County shall furnish additional instructions by means of drawings or otherwise, necessary for proper execution of Work. All such drawings and instructions shall be consistent with Contract Documents, true developments thereof, and reasonably inferable there from.

(b) Work shall be executed in conformity with Contract Documents, and any additional instructions pursuant to Paragraph (a), above. Contractor shall do no work without proper drawings and instructions.

(c) Should any detail be more expensive, in the opinion of Contractor, than scale drawings and specifications warrant, Contractor shall give written notice thereof to the County within five (5) calendar days of the receipt of same. In case notice is not given to the County within five (5) calendar days, it will be assumed the details are a reasonable development of the scale drawings. In case notice is given, then the claim will be considered, and if found justified, the County will either modify the drawings or issue a change order for the extra work involved.

(d) All parts of the described and shown construction shall be of the best quality of their respective kinds and Contractor is hereby advised to use all diligence to become fully involved as to the required construction and finish, and in no case to proceed with the different parts of the Work without obtaining first from the County such directions and/or drawings as may be necessary for the proper performance of the Work.

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(e) If it is found at any time, before or after completion of the Work, that Contractor has varied from the plans and/or specifications, in material, quality, form or finish, or in the amount or value of the materials and labor used, the County shall make a recommendation: (1) that all such improper work should be removed, remade or replaced, and all work disturbed by these changes be made good at Contractor’s expense; or (2) that the County deduct from any amount due Contractor, the sum of money equivalent to the difference in value between the work performed and that called for by the plans and specifications. The County shall determine such difference in value. The County, at its option, may pursue either course


Article 29. LAYOUT AND FIELD ENGINEERING

The Contractor shall be responsible for having ascertained pertinent local conditions such as location, accessibility and general character of the site and for having satisfied itself as to the conditions under which the Work is to be performed. No claim for allowances because of its error or negligence in acquainting itself with the conditions at the site will be recognized.

Article 30. SOILS INVESTIGATION REPORT

When a soils investigation report obtained from test holes at site is available, such report shall not be a part of this Contract. Any information obtained from such report or any information given on drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of Contract, and Contractor may not rely thereon. Contractor is required to make visual examination of site and must make whatever tests Contractor deems appropriate to determine underground condition of soil. Contractor agrees that no claim against the County will be made by Contractor for damages and hereby waives any rights to damage in the event that during progress of Work Contractor encounters subsurface or latent conditions at site materially differing from those shown on drawings or indicated in specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the Work of the character provided for in Contract, except as provided in the Article 44, entitled "Existing Utility Lines; Removal, Restoration".

Article 31. TESTS AND INSPECTIONS

(a) Tests and inspections will comply with Title 24, Part 1, California Code of Regulations, Group 1, Article 5, Section 4-335.

(b) The County will select an independent testing laboratory to conduct the tests. Selection of the materials required to be tested shall be by the laboratory or the County’s representative and not by the Contractor. The Contractor shall notify the County’s representative a sufficient time in advance of its readiness for required observation or inspection.

(c) The Contractor shall notify the County’s representative a sufficient time in advance of the manufacture of material to be supplied under the Contract, which must by the terms of the Contract be tested in order that the County may arrange for the testing of same at the source of supply.

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(d) Any material shipped by the Contractor from the source of supply prior to having satisfactorily passed such testing and inspection or prior to the receipt of notice from the County’s representative that such testing and inspection will not be required shall not be incorporated in the job.

(e) The County will select and pay testing laboratory costs for all tests and inspections. Costs of tests of any materials found not to be in compliance with the Contract shall be paid for by the County and reimbursed by the Contractor.


Article 33. VERIFICATION OF TEST REPORTS

Each testing agency shall submit to the Division of the State Architect a verified report in duplicate covering all of the tests that are required to be made by that agency during the progress of the Project. A report shall be furnished each time that work on the Project is suspended, covering the tests up to that time, and at the completion of the Project, covering all tests.

Article 34. TRENCHES

(a) In accordance with Labor Code Section 6705, if Contract Price exceeds twenty-five thousand dollars ($25,000) and involves the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall, in advance of excavation, submit to the County or a registered civil or structural engineer employed by the County a detailed plan showing the design or shoring, bracing, sloping or other provisions to be made for workers' protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the Contractor shall submit a plan prepared by a registered civil or structural engineer, but in no case shall plan be less effective than that required by the Construction Safety Orders. No excavation of such trench or trenches shall be commenced until the plan has been accepted by the County or the person to whom authority to accept has been delegated by the County.

(b) Public Contract Code Section 7104, in relevant part, provides:

Any public works contract of a local public entity which involves digging trenches or other excavations that extend deeper than four feet below the surface shall contain a clause which provides the following:

That the contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:

(1) Material that the contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

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(2) Subsurface or latent physical conditions at the site differing from those indicated.

(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

That the public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

That, in the event that a dispute arises between the public entity and the contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, the contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Article 35. DOCUMENTS ON WORK

Contractor shall keep on the job site at all times one legible copy of all Contract Documents, including addenda and change orders, and Titles 19 and 24 of the California Code of Regulations, the latest edition of the Uniform Building Code, all approved drawings, plans, schedules and specifications, record drawings (as set forth below), MSDS sheets (as set forth under Article 81, entitled, “Material Safety Data Sheets (MSDS)”)and all codes and documents referred to in the specifications, and made part thereof. Said documents shall be kept in good order and available to the County, the County’s representatives, and all authorities having jurisdiction over the Project. Contractor shall be acquainted with and comply with the provisions of said Titles as they relate to this Project. (See particularly the duties of Contractor, Title 24, Part 1, California Code of Regulations, Section 4-343.) Contractor shall also be acquainted with and comply with all California Code of Regulations provisions relating to conditions on this Project, particularly Titles 8 and 17.

Article 36. STATE AUDIT

In accordance with the provisions of Government Code Section 10528, or any amendments thereto, all books, records, and files of the County, Contractor, or any subcontractor connected with the performance of this Contract involving the expenditure of state funds in excess of ten thousand dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the Office of the Auditor General of the State of California and the County for a period of three (3) years after final payment is made under this Contract. Contractor shall preserve and cause to be preserved such books, records and files for the audit period.

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Article 40. MATERIALS AND WORK

(a) Except as otherwise specifically stated in this Contract, Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Work within the specified time.

(b) Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted or specified, and workmanship shall be of good quality.

(c) Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of Work and shall be stored properly and protected as required.

(d) For all materials and equipment specified or indicated in the plans, the Contractor shall provide all labor, materials, equipment, and services necessary for complete assemblies and complete working systems. Incidental items not indicated in plans, nor mentioned in the specifications, that can legitimately and reasonably be inferred to belong to the Work described, or are necessary in good practice to provide a complete assembly or system, shall be furnished as though itemized within the Contract in every detail. In all instances, material and equipment shall be installed in strict accordance with each manufacturer's most recent published recommendations and specifications.

(e) Contractor shall, after award of Contract by the County, place orders for materials and/or equipment as specified so that delivery of same may be made without delays to the Work. Contractor shall, upon demand from the County, furnish to the County documentary evidence showing that orders have been placed.

(f) The County reserves the right, for any failure in complying with the above instructions, to place orders for such materials and/or equipment as it may deem advisable so that the Work may be completed at the date specified in the Agreement, and all expenses incidental to the procuring of said materials and/or equipment shall be paid for by Contractor.

(g) No material, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel by which an interest therein or in any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in Work and agrees upon completion of all Work to deliver premises, together with all improvements and appurtenances constructed or placed there on by it, to the County free from any claims, liens, or charges. Contractor further agrees that neither it nor any person, firm, or corporation furnishing any materials or labor for any work covered by the Contract shall have any right to lien upon premises or any improvement or appurtenance thereon, except that

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Contractor may install metering devices or other equipment of utility companies or of political subdivision, title to which is commonly retained by utility company or political subdivision. In the event of installation of any such metering device or equipment, Contractor shall advise the County as to the owner thereof.

(h) Nothing contained in this Article, however, shall defeat or impair the rights of persons furnishing materials or labor under any bond given by Contractor for their protection or any rights under any law permitting such protection or any rights under any law permitting such persons to seek funds due the Contractor from and in the possession of the County, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for Work when no formal contract is entered into for such material.

(i) The title to new materials and/or equipment for the Work of this Contract and attendant liability for its protection and safety, shall remain with Contractor until incorporated in the Work of this Contract and accepted by the County; no part of said materials and/or equipment shall be removed from its place of storage except for immediate installation in the Work of this Contract; and Contractor shall keep an accurate inventory of all said materials and/or equipment in a manner satisfactory to the County or its authorized representative.

Article 41. INTEGRATION OF WORK

(a) Contractor shall do all cutting, fitting, patching, and preparation of work as required to make its several parts come together properly, and fit it to receive or be received by work of other contractors showing upon, or reasonably implied by, the plans and specifications for the completed structure, and shall make good after them as the County may direct.

(b) All cost caused by defective or ill-timed work shall be borne by Contractor.

(c) Contractor shall not endanger any work by cutting, excavating, or otherwise altering work and shall not cut or alter work of any other contractor without the written consent of the County.

Article 42. OBTAINING OF PERMITS, LICENSES AND EASEMENTS

(a) Before the date of the commencement of the Work or before they are legally required to continue the Work without interruption, all permits, licenses, and certificates necessary for prosecution of Work shall be secured and paid for by Contractor, unless otherwise specified. The Contractor, acting in the name of the County, shall obtain and pay, only where legally required, for all licenses and permits, inspections and inspection certificates, required to be obtained of or made by any authority having jurisdiction over any part of the Work included in the Contract. All such permits, licenses, and certificates shall be delivered to the County before demand is made for the certificate of final payment. Contractor shall, and shall require subcontractors to, maintain contractor's licenses in effect as required by law.

(b) Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the County, unless otherwise specified.

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Article 43. SURVEYS

Surveys to determine location of property lines and corners will be supplied by the County. Surveys to determine locations of construction, grading, and site work shall be provided by Contractor requiring the same.

Article 44. EXISTING UTILITY LINES; REMOVAL, RESTORATION

(a) Pursuant to Government Code Section 4215, the County assumes the responsibility for removal, relocation, and protection of utilities located on the construction site at the time of commencement of construction under this Contract with respect to any such utility facilities that are not identified in the plans and specifications. Contractor shall not be assessed liquidated damages for delay in completion of the Project caused exclusively by failure of the County to provide for removal or relocation of such utility facilities. Locations of existing utilities provided by the County shall not be considered exact, but approximate within reasonable margin, and shall not relieve Contractor of responsibilities to exercise reasonable care nor costs of repair due to Contractor’s failure to do so. The County shall compensate Contractor for the costs of locating and repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment actually and necessarily idle during such work.

(b) This Article shall not be construed to preclude assessment against Contractor for any other delays in completion of the Work. Nothing in this Article shall be deemed to require the County to indicate the presence of existing service lateral or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the site of the construction.

(c) If Contractor, while performing work under this Contract, discovers utility facilities not identified by the County in the Contract’s plans and specifications, Contractor shall immediately notify the County and the utility company in writing. The cost of repair for damage to above mentioned visible facilities without prior written notification to the County shall be borne by the Contractor.

Article 45. WORK TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS

Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on conduct of Work as indicated and specified, including but not limited to the appropriate statutes and Code of Regulations Sections. If Contractor observes that plans and specifications are at variance therewith, or should Contractor become aware of the development of conditions not covered by Contract Documents that will result in finished Work being at variance therewith, Contractor shall promptly notify the County in writing and any changes deemed necessary by the County shall be adjusted as provided in Contract for changes in Work. If Contractor performs any work that it knew, or through exercise of reasonable care should have

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known, to be contrary to such laws, ordinances, rules or regulations, without such notice to the County, Contractor shall bear all costs arising there from.

Where specifications or plans state that materials, processes, or procedures must be approved by the Division of the State Architect, State Fire Marshal, or other body or agency, Contractor shall be responsible for satisfying requirements of such bodies or agencies.

Article 46. ACCESS TO WORK

The County, its representatives, and the Division of the State Architect shall at all times have access to the Work. Contractor shall provide safe and proper facilities for such access so that the County’s representatives may perform their functions.

Article 47. PAYMENTS BY CONTRACTOR

Contractor shall pay:

(a) For all transportation services and utilities not later than the twentieth (20th) day of the calendar month following that in which such services are rendered or provided;

(b) For all materials, tools, and other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the twentieth (20th) day of the calendar month following that in which such materials, tools, and equipment are delivered at site of Project and balance of cost thereof not later than the thirtieth (30th) day following completion of that part of work in/on which such materials, tools, and equipment are incorporated or used; and

(c) To each of its subcontractors, not later than the fifth day following each payment to Contractor; the respective amounts allowed Contractor on account of work performed by respective subcontractor to the extent of such subcontractor's interest therein.

Article 48. LIENS

(a) Contractor agrees that as part of each payment application it will submit to the County a complete set of Civil Code Section 3262 waivers and releases showing the payments that have been made for materials and labor used in connection with the Work. (b) If a lien or stop notice of any nature is filed against the Work and/or any the County property by an entity that has supplied material or services at the request or for Contractor, Contractor shall promptly, on demand of the County and at Contractor’s own expense, take any and all action necessary to cause any such lien or stop notice to be released or discharged immediately, or secure and file a security bond covering one hundred twenty five percent (125%) of the amount of such lien or stop notice, irrespective of whether Contractor is enforcing Contract compliance by the subcontractor.

(c) If Contractor fails to furnish to the County within ten (10) calendar days after demand by the County satisfactory evidence that a lien or stop notice has been so released, discharged, or

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secured, then the County may discharge such indebtedness, by whatever means reasonably necessary, and deduct the amount required therefore, together with any and all losses, costs, damages, and attorneys’ fees and expenses incurred or suffered by the County from any sum payable to Contractor under the Contract.

(f) Contractor shall, at its own cost, defend, indemnify and hold harmless the County, its officers, agents and employees from and against any and all liability, damages, losses, claims, demands, actions, and costs, including attorneys’ fees and expenses, arising from or attributable to a lien or stop notice filed and/or served in connection with the Work.

Article 49. MUTUAL RESPONSIBILITY OF CONTRACTOR

If Contractor or any of its subcontractors or employees cause loss or damage to any separate contractor on the Work, Contractor agrees to settle with such separate contractor by agreement, if the subcontractor or employee will so settle, or by arbitration. If such subcontractor sues the County, on account of any loss so sustained, the County shall notify Contractor, who shall indemnify and save harmless the County against any expenses or judgment arising therefrom.


Article 51. UTILITIES

(a) All utilities, including but not limited to electricity, water, gas, and telephone, used on Work shall be furnished and paid for by Contractor. Contractor shall furnish and install necessary temporary distribution systems, including meters, if necessary to carry on the Work. Upon completion of Work, Contractor shall remove all temporary distribution systems.

(b) If Contract is for an addition to an existing facility, Contractor may, with written permission of the County, use the County’s existing utilities.

Article 52. SANITARY FACILITIES

Contractor, at its own cost, shall provide temporary sanitary facilities in no fewer numbers than required by law and such additional facilities as may be directed by the Inspector for the use of all workers. The facilities shall be maintained in a sanitary condition at all times and shall be left at the site until removal is directed by the Inspector. Use of toilet facilities in the Work under construction shall not be permitted except by consent of the Inspector.

Article 53. CLEANING UP

Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment caused by the Work. Contractor shall not leave debris under, in, or about the premises, but shall promptly remove same from the premises on a daily basis. If Contractor fails to clean up, the County may do so and the cost thereof shall be charged to Contractor. If Contract is for an addition to an existing facility, Contractor shall perform specific clean up on or about the premises upon request by the County as it deems necessary for the

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continuing education process. In such instance, the Contractor shall comply within 24 hours after which time the County may do so and the cost thereof shall be borne by the Contractor.

Article 54. PATENTS, ROYALTIES, INDEMNITIES, AND TAXES

Contractor shall hold and save the County and its officers, agents, and employees harmless from liability of any nature or kind, including cost and expense, for or on account of any patented or un-patented invention, process, article, or appliance manufactured or used in the performance of this Contract, including its use by the County, unless otherwise specifically provided in the Contract Documents, unless such liability arises from the sole negligence, or willful misconduct of the County. Contractor shall pay all applicable federal, state and local sales taxes and all other taxes pertaining to the Work involved in this Contract.

Article 55. GUARANTEE

(a) In addition to guarantees required elsewhere, Contractor shall, and hereby does guarantee against all defects for a period of one year after the recordation of the Notice of Completion, and shall repair or replace any and all such work, together with any other work, that may be displaced in so doing, that may prove defective in workmanship and/or materials within a one (1) year period from the date of recordation without expense whatsoever to the County, ordinary wear and tear, unusual abuse or neglect excepted. The County will give notice of observed defects to Contractor with reasonable promptness. Contractor shall notify the County upon completion of such repairs or replacement.

(b) In the event of failure of Contractor or Surety to commence and pursue with diligence said replacements or repairs within ten (10) calendar days after being notified in writing, the County is hereby authorized to proceed to have defects repaired and made good at expense of Contractor and Surety, each who hereby agree to pay costs and charges thereof immediately on demand.

(c) If, in the opinion of the County, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the County, or to prevent interruption of operations of the County, the County will attempt to give the notice required by this Article. If Contractor or Surety cannot be contacted or neither complies with the County’s request for correction within a reasonable time, as determined by the County, the County may, notwithstanding the provisions of this Article, proceed to make such correction or provide such attention and the costs of such correction or attention shall be charged against Contractor and Surety of the guarantees provided in this Article or elsewhere in this Contract.

(d) This Article does not in any way limit the guarantees on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period. Contractor shall furnish to the County all appropriate guarantee or warranty certificates upon completion of the Project or upon request by the County.

(e) All guarantees required under this Article shall be in writing on the Guarantee form included in the Contract Documents.

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(g) Nothing herein shall limit any other rights or remedies available to the County.

Article 56. DUTY TO PROVIDE FIT WORKERS

(a) Contractor and subcontractor(s) shall at all times enforce strict discipline and good order among their employees and shall not employ or work any unfit person or anyone not skilled in work assigned to such person. It shall be the responsibility of Contractor to ensure compliance with this Article.

(b) Any person in the employ of Contractor or subcontractors whom the County may deem incompetent or unfit shall be excluded from the Work site and shall not again be employed on it except with written consent of the County.

Article 57. WAGE RATES, TRAVEL AND SUBSISTENCE

(a) Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of the Labor Code, the governing body of the County has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification or type of worker needed to execute this Contract from the Director of the Department of Industrial Relations (hereinafter, in this Article, "Director"). These rates are on file with the Facilities Department of the County and copies will be made available to any interested party on request. Contractor shall obtain and post a copy of such wage rates at the job site.

(b) Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. Holidays shall be as defined in the Collective Bargaining Agreement applicable to each particular craft, classification or type of worker employed under Contractor.

(c) Contractor shall pay and shall cause to be paid each Worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director, regardless of any contractual relationship which may be alleged to exist between Contractor or any subcontractor and such workers.

(d) Contractor shall pay and shall cause to be paid to each Worker needed to execute the Work on the Project, travel and subsistence payments, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations in accordance with Labor Code Section 1773.8.

(e) If during the period this bid is required to remain open, the Director of Industrial Relations determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under Contract is to be performed, such change shall not alter the wage rates in the Notice to Contractors or the Contract subsequently awarded.

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(f) Pursuant to Labor Code Section 1775, Contractor shall as a penalty to the County, forfeit the amount required for each calendar day, or portion thereof, for each Worker paid less than the prevailing rates determined by the Director, for such Work or craft in which such Worker is employed for any public work done under contract by Contractor or by any subcontractor under it. The difference between such prevailing wage rates and the amount paid to each Worker for each calendar day or portion thereof for which each Worker was paid less than the prevailing wage rate shall be paid to each Worker by Contractor.

(g) Any Worker employed to perform Work on the Project, which work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to work to be performed by him, and such minimum wage rate shall be retroactive to time of initial employment of such person in such classification.

(h) Pursuant to Labor Code Section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Section 3093, and similar purposes.

(i) Contractor shall post at appropriate conspicuous points on the site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.

Article 58. HOURS OF WORK

(a) As provided in Article 3, (commencing at Section 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 Contractor or by any subcontractor on any subcontract under this Contract upon the work or upon any part of the work contemplated by this Contract shall be limited and restricted by Contractor to eight (8) hours per day, and forty (40) hours during any one week, except as hereinafter provided. Notwithstanding the provisions hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of such hours at not less than one and one-half times the basic rate of pay.

(b) Contractor shall keep and shall cause each subcontractor to keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each Worker employed by Contractor in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the County and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

(c) Pursuant to Labor Code Section 1813, Contractor shall pay to the County a penalty in the amount required by law for each Worker employed in the execution of this Contract by

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Contractor 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 one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 (commencing at Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

(d) Any Work necessary to be performed after regular working hours, or on Sundays or other holidays shall be performed without additional expense to the County.

Article 59. PAYROLL RECORDS

(a) Pursuant to the provisions of Section 1776 of the Labor Code, Contractor shall keep and shall cause each subcontractor performing any portion of the work under this Contract to 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 Contractor in connection with the Work.

(b) The payroll enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principle office of Contractor on the following basis:

1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his/her authorized representative on request.

2. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the County, Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.

3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding Contract, Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of Contractor.

4. The form of certification shall be as follows: I, (name-print)

the undersigned, am (position in business)

with the authority to act for and on behalf of (name of business and/or contractor),

certify under penalty of perjury that the records or copies thereof submitted and consisting of

(description, number of pages)

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are the originals or true, full and correct copies of the originals which depict the payroll record(s) of actual disbursements by way of cash, check or whatever form to the individual or individuals named.

Date: Signature

(c) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within ten (10) working days after receipt of a written request.

(d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the County, Division of Apprenticeship Standards, or Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of contractor awarded Contract or performing Contract shall not be marked or obliterated.

(e) Contractor shall inform the County of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

(f) In the event of noncompliance with the requirements of this Section, Contractor shall have ten (10) working days in which to comply after receipt of written notice specifying in what respects Contractor must comply with this Section. Should noncompliance still be evident after the ten (10) working day period, Contractor shall, as a penalty to the County, forfeit the amount required by law for each calendar day, or portion thereof, for each Worker, until strict compliance is effectuated. Upon the request of Division of Apprenticeship Standards or Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

(g) It shall be the responsibility of Contractor to ensure compliance with the provisions of Labor Code Section 1776.

Article 60. APPRENTICES

(a) Contractor acknowledges and agrees that, if this Contract involves a dollar amount or a number of working days greater than that specified in Labor Code Section 1777.5, thirty thousand dollars ($30,000) and/or twenty (20) days, this Contract is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code Section 1777.5 for all apprenticeship occupations.

(b) Apprentices of any crafts or trades may be employed and, when required by Labor Code Section 1777.5, shall be employed, provided they are properly registered in full compliance with the provisions of the Labor Code.

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(c) Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he is employed, and shall be employed only at the work of the craft or trade to which he is registered.

(d) Only apprentices, as defined in Labor Code Section 3077, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at Section 3070), Division 3 of the Labor Code, are eligible to be employed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he is training.

(e) Pursuant to Labor Code Section 1777.5, if that Section applies to this Contract as indicated above, Contractor and any subcontractors employing workers in any apprentice-able craft or trade in performing any work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the Work.

(f) Pursuant to Labor Code Section 1777.5, if that Section applies to this Contract as indicated above, Contractor and any subcontractor may be required to make contributions to the apprenticeship program.

(g) If Contractor or any subcontractor willfully fails to comply with Labor Code Section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall: (1) be denied the right to bid on any subsequent project for one year from the date of such determination; and (2) forfeit as a penalty to the County the amount required by law per day for each calendar day of noncompliance, which shall be withheld from any payment due or to become due under the terms of this Contract. Interpretation and enforcement of these provisions shall be in accordance with the rules and procedures of the California Apprenticeship Council.

(h) Contractor and all subcontractors shall comply with Labor Code Section 1777.6, which Section forbids certain discriminatory practices in the employment of apprentices.

(i) Contractor shall become fully acquainted with the law regarding apprentices prior to commencement of the work. Special attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the Labor Code, and Title 8, California Code of Regulations, Section 200 et seq. Questions may be directed to the State Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, California 94102.

Article 61. LABOR FIRST AID

Contractor shall maintain emergency first aid treatment for Contractor’s workers on the Project that complies with the Federal Occupational Safety and Health Act (29 United States Code, Section 651, et seq.).

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Article 62. PROTECTION OF PERSONS AND PROPERTY

(a) Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in connection with the prosecution of this Contract, and shall take all necessary measures and be responsible for the proper care and completion and final acceptance by the County. All Work shall be solely at Contractor’s risk, with the exception of damage to the Work caused by "acts of God" as defined and in accordance with Public Contract Code Section 7105.

(b) Contractor shall take, and require subcontractors to take, all necessary precautions for safety of workers on the Project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to premises where work is being performed and to provide a safe and healthful place of employment. Contractor shall furnish, erect and properly maintain at all times, all necessary safety devices, safeguards, construction canopies, signs, nets, barriers, lights, and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a responsible member of its organization on the Project, whose duty shall be to post information regarding protection and obligations of workers and other notices required under occupational safety and health laws, to comply with reporting and other occupational safety requirements, and to protect the life, safety and health of workers. Name and position of person so designated shall be reported to the County by Contractor.

Contractor shall correct any violations of safety laws, rules, orders, standards, or regulations. Upon the issuance of a citation or notice of violation by the Division of Occupational Safety and Health, Contractor shall correct such violation promptly.

(c) In an emergency affecting safety of life or of Work or of adjoining property, Contractor, without special instruction or authorization from the County, is hereby permitted to act, at its discretion, to prevent such threatened loss or injury; and Contractor shall act as authorized or instructed by the County. Any compensation claimed by Contractor on account of emergency work shall be determined by agreement.

(d) Contractor shall provide such heat, covering, and enclosures as are necessary to protect all work, materials, equipment, appliances, and tools against damage by weather conditions, such as extreme heat, cold, dry winds, or dampness. Temporary enclosures and doors (if not glazed) shall be provided by Contractor. The County shall have full authority to suspend operations on Work when subject to damage by climatic conditions or because of insufficient curing or drying of surfaces or materials.

(e) Contractor shall take adequate precautions to protect existing roads, sidewalks, curbs, pavements, utilities, adjoining property and structures (including, without limitation, protection from settlement or loss of lateral support), and to avoid damage thereto, and repair any damage thereto caused by construction operations.

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(f) Contractor shall (unless waived by the County in writing):

1. When performing new construction on existing sites, become informed and take into specific account the maturity of the students on the site; and when performing work that may interfere with school routine before or after school hours, enclose working area with substantial barricade, and arrange work to cause a minimum amount of inconvenience and danger to students and faculty in their regular school activities.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to building area over route designated by the County.

4. When directed by the County, take preventive measures to eliminate objectionable dust.

5. Confine apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits, or directions of the County; and shall not interfere with the Work or unreasonably encumber premises or overload any structure with materials; and enforce all instructions of the County regarding signs, advertising, fires, and smoking and require that all workers comply with all regulations while on construction site. Contractor, Contractor’s employees, subcontractors, subcontractors' employees or any person associated with Contract Work shall conduct themselves in a manner appropriate for a school site. No verbal or physical contact with students and faculty, profanity, or inappropriate attire will be permitted. The County may request non-complying persons be permanently removed from Project site.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer at no cost to the County.

Article 63.AFFIRMATIVE ACTION EMPLOYMENT PROGRAM

(a) The Santa Clara County Office of Education will maintain a list of minority businesses and businesses operated by women that will ensure that such businesses received solicitations for bids.

(b) The Santa Clara County Office of Education will maintain a list of minority and women consultants and will ensure that they are afforded equal opportunity for contracts.

(c) The Santa Clara County Office of Education will notify its vendors, suppliers, and other contractors of its affirmative action program.

(d) The Santa Clara County Office of Education will require the inclusion of the following equal opportunity clauses as a condition of all contracts in excess of $10,000

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1. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and a selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitation or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, physical handicap, sex, or national origin.

3. The contractor will show evidence of compliance with all provisions of Executive Order 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

4. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contractor may be declared ineligible for further contracts with this office.

Article 64. SCHEDULE OF VALUES

(a) Within 10 days after award of the Contract, the Contractor shall submit to the Architect a Schedule of Values in a form approved by the County. The Schedule of Values shall reflect allocations to the various portions of the Work in sufficient detail and supported by data to that substantiates its accuracy as the County may require. This schedule, when approved, shall be used as a basis for the Contractor’s applications for progress payments.

(b) Contractor shall provide itemized estimates of Work completed, corresponding to the Schedule of Values, as part of each application for progress payment.

Values employed in making up the Schedule of Values and estimates of Work completed will be used only for determining the basis of progress payments and will not be considered as fixing a basis for additions to or deductions from Contract Price.

Article 65. CONTRACTOR CLAIMS

(a) In order to assert a claim for damages in connection with the Contract, sustained by reason of acts by or attributable to the County, Contractor shall, within five (5) calendar days after initially sustaining such damage, submit to the County a written statement of the damage sustained, including the causes thereof. On or before the fifteenth (15th) day of the month succeeding that in which such damage shall have been initially sustained, Contractor shall submit to the County an itemized statement of the details, including, but not limited to, the causes thereof, and

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amounts of such damage. Unless such statements are made as in accordance with this paragraph, Contractor’s claims for compensation for damages, of which it knew or should have known, shall be waived, forfeited and invalidated, and it shall not be entitled to consideration for payment on account of any such damage.

(b) In accordance with Public Contract Code Section 20104, subdivision (c), Article 1.5, Chapter 1, Part 3 of the Public Contract Code is set forth below. Contractor understands and agrees that the provisions of Article 1.5 shall not affect the claims notice requirements set forth in these General Conditions.

Section 20104 of Public Contract Code.Application of article; provisions included in plans and specifications

(a) (1) This article applies to all public works claims of three hundred seventy five thousand dollars ($375,000) or less which arise between a contractor and a local agency.

(2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.

(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California.

(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.

(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may rise to a claim under this article.

(d) This article applies only to contracts entered into on or after January 1, 1991.

Section 20104.2 Claims; requirements; tort claims excluded

For any claim subject to this article, the following requirements apply:

(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing

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in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.

(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.

(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section

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910) of Part 3 of Division 3.6 to Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by 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.

Section 20104.4 Civil action procedures; mediation and arbitration; trial de novo; witnesses

The following procedures are established for all civil actions filed to resolve claims subject to this article:

(i) 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. 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 or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.

(b) (1) 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 1141.11 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.

(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.

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(3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedures, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.

(c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.

Section 20104.6 Payment on undisputed portion of claim; interest on arbitration awards or judgments

(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.

(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.


Article 67. PAYMENTS

(a) Unless otherwise specified, each month within thirty (30) calendar days after receipt of approved periodical estimate for partial payment, and compliance by Contractor with Section 01027, Application for Payment, there shall be paid to Contractor a sum equal to ninety percent (90%) of value of work performed and of materials delivered on the ground or stock subject to or under the control of the County and unused up to the last day of the previous month, less aggregate previous payments. Monthly payments shall be made only on the basis of monthly estimates that shall be prepared by Contractor on a form approved by the County and filed before the fifth (5th) day of the month during which payment is to be made. Work completed as estimated shall be an estimate only and no inaccuracy or error in said estimate shall operate to release Contractor or Surety from any damages arising from such work or from enforcing each and every provision of this Contract, and the County shall have the right subsequently to correct any error made in any estimate for payment.

(b) With each payment request, and prior to receiving any payment, Contractor must furnish the County with the following:

(1) Schedules in accordance with Article 39, entitled “Construction Schedules;”

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(2) Waivers and releases in accordance with Article 48, entitled “Liens;” and

(3) An updated summary of unresolved claims (“Summary of Claims”), including, but not limited to, the causes thereof, that it claims it sustained by reason of acts by, or attributable to, the County.

(4) An updated schedule of values indicating Contractor’s estimate of the percentage of completion for each line item.

Acceptance of a payment will constitute a release of all of Contractor’s claims for damages sustained by reasons of acts by, or attributable to, the County of which Contractor knew or should have known at the time of the payment request, except for those clearly identified claims for damages specified in the Summary of Claims.

(c) Contractor shall not be entitled to have any payment estimates processed or any payment for work performed so long as Contractor fails to materially comply with the Contract Documents or any lawful or proper direction given by the County concerning the Work, including, but not limited to, scheduling revisions and updates.

(d) Before payment is made hereunder, the County will receive the request for progress payment and verification by the Architect, Construction Manager, if any, the County and Inspector that the work for which payment is requested has been performed in accordance with the terms of the Contract.

Architect, Construction Manager, if any, the County and Inspector shall sign the request for payment as verification that the work has been performed. It is understood, however, that signature of the Architect and Construction Manager, if any, and Inspector shall not be conclusive upon the County, but merely advisory.

(e) No payment by the County hereunder shall be interpreted so as to imply that the County has inspected, approved, or accepted any part of the Work. The final payment, if unencumbered, shall be made thirty-five (35) calendar days after the recordation of the Notice of Completion with the office of the County Recorder, subject to Article 69, entitled “Completion.”

(f) Unless otherwise provided, on or before making request for final payment of the undisputed amount due under Contract, Contractor shall submit to the County, in writing, all claims for compensation under or arising out of this Contract and a Summary of Claims, as required under Paragraph (b), above, that is final and cumulative. The final and cumulative Summary of Claims may not include any claims for damages that have been released by operation of the provisions of Paragraph (b), above, or Article 65, entitled “Contractor Claims.” The acceptance by Contractor of the payment of the final amount shall constitute a waiver of all claims for compensation and damages against the County under or arising out of this Contract, except those identified in the final and cumulative Summary of Claims.

(g) Prior to requesting final payment, Contractor must deliver the record drawings, Project warranties, operations and maintenance manuals, a Settlement Agreement and Release of Claims

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form, and all other documents required by Section 01700, Contract Closeout, to the Construction Manager, if there is one, and the Architect.

Article 68. CHANGES AND EXTRA WORK

(a) The County may, as provided by law and without affecting the validity of this Contract, order additions, deletions or revisions in the Work by issuance of written change orders or written directives during the progress of the Project, Contract Price and/or Contract Time being adjusted accordingly. All such work shall be executed under the conditions of the original Contract, except for changes to the Contract Time and/or Contract Price, which shall be made in accordance with Section 01028.

(b) In giving instructions, the County shall have authority to make minor changes in Work, not involving change in cost, and not inconsistent with purposes of building, by written directives. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless pursuant to a written change order from the County, authorized by action of the Governing Board, and no claim for addition to Contract Time and/or Contract Price shall be valid unless so ordered.

(c) Value of any such extra work, change, or deduction shall be determined at the discretion of the County in one or more of the following ways:

1. By acceptable lump sum proposal from Contractor.

2. By unit prices contained in Contractor’s original bid and incorporated in CONTRACT DOCUMENTS or fixed by subsequent agreement between the County and Contractor.

3. By cost of material and labor, plus a percentage for overhead and profit. The following form shall be used by the Contractor to communicate proposed additions and deductions to Contract Price:

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CREDIT EXTRAa. Material (attach itemized quantity

and unit cost plus sales tax). b. Labor (attach itemized hours and rates).

c. Subtotal

d. Subcontractor's actual overhead andprofit, not to exceed a combined10%.

e. Subtotal

f. Contractor's actual overhead andprofit ,not to exceed a combined5%.

g. Subtotal

h. Bond Premium, not toexceed one percent (1%) of Item g.

i. Total

Article 69. COMPLETION

(a) The County shall accept completion of the Work and have the Notice of Completion recorded when the entire Work shall have been completed to the satisfaction of the County. The Work may only be accepted as complete by action of the Governing Board.

(b) The County, at its sole option, may have the Notice of Completion recorded when the entire Work shall have been completed to the satisfaction of the County, except for minor corrective Work.

(c) If Contractor fails to complete the minor corrective Work prior to the expiration of the thirty-five (35) day period immediately following the recordation of Notice of Completion, the County shall withhold from the final payment an amount equal to 150 % of the estimated cost, as determined by the County, of the minor corrective work until such time as the Work is completed.

(d) At the end of such thirty-five (35) day period, if there are any items remaining to be corrected, the County may elect to proceed as provided in Article 70, entitled "Adjustment to Contract Price."

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Article 70. ADJUSTMENT TO CONTRACT PRICE

(a) If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision hereof, the County may, after ten (10) calendar days written notice to Contractor, and without prejudice to any other remedy it may have, make good such deficiencies.

(b) The County shall adjust the Contract Price by reducing the amount thereof by the cost of making good such deficiencies. If the County deems it inexpedient to correct work defective or not done in accordance with Contract, the County shall make an equitable reduction in the Contract Price.

Article 71. CORRECTION OF WORK

(a) Should it be considered necessary or advisable by the County at any time before final acceptance of the entire Work to make an examination of work already completed by removing or tearing out the same, the Contractor shall upon request promptly furnish all necessary facilities, labor and materials. If such work is found to be defective in any respect due to fault of the Contractor or its subcontractors, it shall compensate the County for all expenses of such examinations and for satisfactory reconstruction. If, however, such work is found to fully meet the requirements of the Contract Documents, the additional cost of labor and material necessarily involved in the examination and replacement shall be paid by County.

(b) Contractor shall promptly remove from premises all work identified by the County as failing to conform with the Contract Documents, whether incorporated or not. Contractor shall promptly replace and re-execute its own work to comply with Contract Documents, without additional expenses to the County, and shall bear the expense of making good all work of other contractors that is destroyed or damaged by such removal or replacement.

(c) If Contractor does not remove such work within a reasonable time, fixed by written notice, the County may remove it and may store the material at Contractor’s expense. If Contractor does not pay expenses of such removal and any storage within ten (10) calendar days thereafter, the County may, upon ten (10) calendar days written notice, sell such materials at auction or at private sale and shall account for net proceed thereof, after deducting all costs and expenses that should have been borne by Contractor.

Article 72. EXTENSIONS OF TIME AND DELAY DAMAGES

(a) Both Contractor and the County agree that the following delays will be considered "non-compensable" and, therefore, neither party shall collect damages from the other should they occur: acts of God as defined and in accordance with Public Contract Code Section 7105, acts of public enemy, acts of Government, fires, floods, epidemics, quarantine restrictions, against others, and unusually severe weather (normal seasonal rainfall shall not be considered reason for time extension), or delays of subcontractors due to such causes.

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(b) “Excusable delays” refers to any delay due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, caused by acts of the County or anyone employed by it or acts of another contractor in performance of a contract (other than this Contract) with the County.

(c) In accordance with Public Contract Code Section 7102, Contractor shall not be charged for liquidated damages because of non-compensatory or excusable delays.

(d) “Inexcusable delays” refers to any delay to the progress of the Work caused by events or factors other than those specifically identified in Paragraphs (a) and (b), above.

(e) If an inexcusable delay occurs concurrently with either an excusable delay or a non-compensable delay, the maximum extension of the Contract Time shall be the number of days, if any, that the excusable delay or the non-compensatory delay exceeds the period of time of the inexcusable delay. Additionally, no adjustment to the Contract Time shall be made unless such activities directly impact work on the critical path of the then current and updated Approved Construction Schedule as of the date on which such delay first occurs. (f) Contractor shall within five (5) calendar days of the beginning of any excusable bidding or non-compensable delay, notify the County in writing of the causes of delay. The Contractor’s failure to notify the County within such five (5) calendar day period shall be deemed a waiver and relinquishment of such a claim of delay against the County.

(g) In the event that excusable delays cause damages to Contractor, Contractor’s damages shall be limited to direct, actual, and unavoidable additional costs of labor, materials or equipment directly resulting from such delay, and shall exclude indirect or other consequential damages. Except as expressly provided above, Contractor shall not have any other claim, demand, or right to adjustment of the Contract Price arising out of delay, interruption, hindrance or disruption to the progress of the Work. Adjustments to the Contract Price and the Contract Time, if any, on account of changes to the Work or suspension/termination for convenience of the Work shall be governed by the applicable provisions of the Contract Documents.

(h) Extensions of time shall apply only to the portion of Work affected by the delay, and shall not apply to other portions of Work not so affected.

Article 73. PAYMENTS WITHHELD

(a) In addition to amounts that the County may retain or deduct pursuant to Articles 67 and 69 and Section 01027, Application for Payment, paragraph 1.04, the County may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover the following:

1. One hundred percent (100%) of payments made by the County on behalf of Contractor or any subcontractors pursuant to Articles 47 or 70, Paragraph (a).

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2. One hundred twenty-five percent (125 %) of the amount claimed by subcontractors or the supplier of materials in the form of a stop notice.

3. One hundred percent (100%) of the amount of any equitable reduction in Contract Price pursuant to Paragraph (b) of Article 70, entitled “Adjustment to Contract Price.”

4. One hundred and fifty percent (150%) of the estimated cost of defective work that Contractor has not remedied.

5. Liquidated damages assessed against Contractor.

6. Penalties or assessments required by law.

7. The cost of material ordered by the County pursuant to Article 40, entitled "Materials and Work."

8. One hundred percent (100%) of the estimated cost of completing of the Contract, if there exists a reasonable doubt that this Contract can be completed for the balance then unpaid to Contractor.

9. One hundred and fifty percent (150%) of the estimated amount of damage caused to another contractor.

10. The cost of site clean-up as provided in Article 53, entitled "Cleaning Up."

11. The costs of responding to unjustified requests for information, in accordance with Paragraph (b) of Article 11, entitled “Architect—Submittals and Requests for Information.”

12. The costs of premiums that the County pays on behalf of Contractor in accordance with Paragraph (c) of Article 24, entitled “Proof of Carriage of Insurance.”

(b) If the above grounds are, in the opinion of the County, removed by or at the expense of Contractor, payment shall be made for amounts withheld because of them.

(c) The County may apply such withheld payment amount for such claims or obligations at its discretion. In so doing, the County shall make such payments on behalf of Contractor. If any payment is so made by the County, then such amount shall be considered as a payment made under Contract by the County to Contractor and the County shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of the validity of the claim or obligation. The County will render Contractor an accounting of such funds disbursed on behalf of Contractor.

(d) As an alternative to payment of such claims or obligations, the County, in its sole discretion, may reduce the total Contract Price as provided in the Article 70, entitled "Adjustment to Contract Price."

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Article 74. EXCISE TAXES

If under Federal Excise Tax Law any transaction hereunder constitutes a sale on which a Federal Excise Tax is imposed and the sale is exempt from such Federal Excise Tax because it is a sale to a State or Local Government for its exclusive use, the County, upon request, will execute documents necessary to show (1) that the County is a political subdivision of the State for the purposes of such exemption and (2) that the sale is for the exclusive use of the County. No Federal Excise Tax for such materials shall be included in any bid price.

Article 75. TAXES

Bid price, and, in turn, the Contract Price, is to include any and all applicable sales taxes or other taxes that may be due in accordance with Section 7051 of the Revenue and Taxation Code Regulation 1521 of the State Board of Equalization, or any other tax code that may be applicable.

Article 76. NO ASSIGNMENT

Contractor shall not assign this Contract, or any part thereof, without the prior written consent of the County. Assignment without such prior written consent shall be null and void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of work called for under said Contract in favor of all persons, firms, or corporations rendering such services or supplying such material to the extent that claims are filed pursuant to the Civil Code, Government Code, Labor Code and/or Code of Civil Procedure and shall also be subject to deductions for liquidated damages or withholding of payments as determined by the County in accordance with this Contract.

Article 77. NOTICE AND SERVICE THEREOF

Any notice from one party to the other or otherwise under Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners:

1. If notice is given to the County, by personal delivery thereof to the County or by depositing same in United States mail, enclosed in a sealed envelope addressed to the County, and sent by registered or certified mail with postage prepaid;

2. If notice is given to Contractor, by personal delivery thereof to Contractor or to Contractor’s superintendent at site of Project, or by depositing same in United States mail, enclosed in a sealed envelope addressed to Contractor at its regular place of business or at such address as may have been established for the conduct of work under this Contract, and sent by registered or certified mail with postage prepaid;

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3. If notice is given to Surety or other person by personal delivery to such Surety or other person or by depositing same in United States mail, enclosed in a sealed envelope, addressed to such Surety or person at the address of such Surety or person last communicated by Surety or other person to party giving notice, and sent by registered or certified mail with postage prepaid.

Article 78. NO WAIVER

Duties and obligations imposed by the Contract Documents, and rights and remedies available thereunder, shall be in addition to and not in lieu of or otherwise a limitation or restriction of duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the County shall constitute a waiver of a right or remedy afforded it under the Contract Documents or at law, nor shall such an action or failure to act constitute approval of or acquiescence in a breach hereunder, except as may be specifically agreed in writing.

Article 79. SEVERABILITY

In the event any provision of the Contract Documents shall be deemed illegal, invalid, unenforceable and/or void, by a court or any other governmental agency of competent jurisdiction, such provision shall be deemed to be severed and deleted from the Contract Documents, but all remaining provisions hereof, shall in all other respects, continue in full force and effect.

Article 80. HAZARDOUS MATERIALS

In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the County, Inspector and Construction Manager, if there is one, in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the County and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the County and Contractor.

Article 81. MATERIAL SAFETY DATA SHEETS (MSDS)

Contractor is required to ensure Material Safety Data Sheets are available in a readily accessible place at the Work site for any material requiring a Material Safety Data Sheet per the Federal "Hazard Communication" standard, or Employees Right to Know Law. The Contractor is also required to ensure proper labeling on substances brought onto the job site and that any person working with the material or within the general area of the material is informed of the hazards of the substance and follows proper handling and protection procedures. Two additional copies of the Material Safety Data Sheets should also be submitted directly to the County.

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Article 82. CONSTRUCTION MANAGEMENT

(a) The Contractor understands that the County may employ a construction manager to perform construction management services on the Project. If the County employs a construction manager, the Contractor and subcontractors agree to cooperate with the construction manager; to coordinate work with others as required; and to furnish the construction manager without delay information or documentation requested.

(b) Contractor acknowledges that the Construction Manager, if any, has no contractual duty to Contractor, express or implied, and that Contractor is not an intended beneficiary of the Construction Manager’s contract, if there is one, with the County.

Article 83. TIMELY PROGRESS PAYMENTS & INTEREST

California Public Contract Code Section 20104.50 sets forth the Legislature's intent for prompt payment to contractors and established the following procedures for timely progress payments and payment of interest:

1. Any local agency which fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.

2. Upon receipt of a payment request, each local agency shall act in accordance with both of the following:

a. Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purposed of determining that the payment request is a proper payment request.

b. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

3. The number of days available to a local agency to make a payment without incurring interest pursuant to Section 20104.50 shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph 2 (b), above.

4. A "progress payment" includes all payment due contractors, except that portion of the final payment designated by the contract as retention earnings.

5. A payment request shall be considered properly executed if funds are available for 76



payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.

END OF SECTION

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SECTION 007300 – SPECIAL CONDITIONS

Article 1. GENERAL

These Special Conditions supplement and/or modify certain provisions of the General Conditions, and both General and Special Conditions shall be deemed to be a part of every Section of Contract Documents (Specifications), as if wholly embodied and repeated in every Section. The Contractor and subcontractor shall be held to have read and thoroughly familiarized themselves with their content.

Article 2. CONTRACT TIME

1. Reference: Paragraph 1.03 of Section 002113, Instructions to Bidders, Paragraph 1.02 of Section 003113, Preliminary Schedule and Paragraph 4 of the Agreement.

2. The duration of the contract shall be as listed in Section 003113, Preliminary Schedule.

Article 3. NOT USED

Article 4. SEPARATE CONTRACTORS AND ACCESS

1. The County may award, or may have awarded other contracts for additional work, and the contractor shall cooperate fully with such other contractors by scheduling his/her own work so that it properly relates to work to be performed under other contracts. The contractor shall not commit or permit any act, which will adversely interfere with the performance of work by any other contractor.

2. Contractors shall assume all liability, financial or otherwise, in connection with his/her contract and shall protect and save harmless the County and the construction manager, if there is one, from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by them because of the presence and operations of other contractors working within the limits of the same project.

3. The contractor shall be aware that work by other contractors will occur simultaneously in any given area or all areas. The contractor understands, in order to maintain the project completion schedule, that he may not have access to a given area to continue work due to the work of other contractors. The construction manager reserves the right to determine what areas are accessible to a contractor and when it is necessary to relocate or reschedule the work of the contractor. Relocation and rescheduling or work will be minimized. However, if either is necessary, the contractor agrees that no additional compensation for costs that may be incurred shall be allowed or processed by the construction manager or the County. In the event that the construction manager relocates or reschedules the work of a contractor, and that action creates an adverse affect on the Contractor’s scheduled critical path for the work of the contract, an authorized extension of the schedule by the construction manager or the County may be granted to extend

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the scheduled contract completion date without increase in compensation.4. Contractor loss due to acts of another contractor:

(a) If, through acts of neglect or unauthorized delays on the part of the contractor, any other contractor or any subcontractor shall suffer a loss from delays or damage to their work, this contractor shall settle with such other contractor or subcontractor without their involvement of the County or its construction manager. Settlement between contractor shall include any and all fiscal damages incurred as a result of delay and a joint written statement to the construction manager indicating the agreed upon number of calendar days of delay suffered by the affected contractor. The affected contractor will attach this joint letter to his request for the time extensions to the construction manager and must show specifically how the actions of the other contractor impacted his critical path activities. Such requests for a time extension shall be a zero (0) cost to the County. If the contractors agree that the construction manager (as agent for the County) shall determine a binding resolution to the dispute, both contractors shall submit all relevant documents and information to the construction manager for review. When determined in their opinion to be a fail and legitimate claim, the County reserves the right to backcharge on contractor for his/her delay or damage to another contractor. A change order will be the mechanism used to adjust contract amounts.

(b) Failure of any contractor who is party to a dispute between separate contractors, to submit his facts and information regarding this position and assertions relevant to the dispute within sixty (60) days from discovery to the construction manager, shall not relieve such contractor from his obligation to abide to the resolution prescribed by the construction manager. The contractor making the discovery, but failing to report the dispute to the construction manager in writing within the prescribed time, will assume the responsibility for remedy of the conditions in question.

Article 5. INSURANCE REQUIREMENTS

1. Reference: Section 006516, Insurance Certificates, and Section 007200, General Conditions, Articles 21, 22, 23, and 24.

2. Amounts: Per Section 007200, General Conditions, Articles 22 and 23, contractor shall procure and maintain, and shall require all subcontractors, if any, whether primary or secondary, to procure and maintain:

MINIMUM

COMBINED

SINGLEINSURED LIMITS

Per Statutorya. Workers' Compensation Self-Insured Requirements

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b. Employer’s Liability $3,000,000 ea. Accident

c. Comprehensive General Liability $3,000,000 ea.

$3,000,000 ea. Bodily Injury$3,000,000 ea. occurrence Bodily Injury$3,000,000 ea. occurrence

Property Damage

(X) Premises and Operations(X) Contractual Liability(X) Independent Contractors(X) Products/Completed Operations(X) Broad Form Property Damage(X) Personal Injury(X) Broad Form Liability Endorsement(X) Explosion Hazard(X) Underground Hazard(X) Owned Automobiles(X) Non-owned Automobiles(X) Hired Automobiles

d. Automobile Liability (if not included in General Liability $1,000,000coverage checked above) $1,000,000 ea. Bodily Injury

$1,000,000 ea. occurrenceBodily Injury$1,000,000 ea. occurrenceProperty Damage

e. Public Liability Insurance for injuries includingaccidental death, to any one person in anamount not less than and, $1,000,000

f. Subject to the same limit for each person,on account of one accident, in an amountnot less than $1,000,000

END OF SECTION

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SECTION 010000 - DSA REQUIREMENTS

1.0 GENERAL

1.1 SUMMARY

A. All work shall conform to the requirements of the Division of the State Architect as defined in Section 4-305 Part 1, Title 24, C.C.R.

1.2 SPECIAL REQUIREMENTS

The following are from Part 1, Title 24, C.C.R.:

A. Section 4-305 Part 1, Title 24, California Code of Regulations is the governing Code for this project. The governing agency is the Office of Regulation Services, Division of the State Architect (DSA).

B. All Addenda and Change Orders shall be approved by DSA prior to beginning of work per Section 4-338 of Title 24.

C. The County shall employ an inspector for inspection of the work. The Inspector shall be approved by DSA per Sections 4-333(b) and 4-342 of Title 24.

D. The Contractor, Inspector, Engineers and Architect shall file Verified Reports with DSA per Sections 4-336 and 4-343C of Title 24.

E. The Contractor shall not start work until DSA has been notified that work is to commence.

F. The intent of these documents is to expand the existing school facility. Should any conditions develop that are not covered by the Contract Documents, a change Order specifying and detailing the required work shall be submitted to and approved by DSA before proceeding with the work.

G. Duties of the Architect and Engineers shall conform to Section 4-333(a) and 4-341 of Title 24. Duties of the Contractor shall conform to Section 4-343 of Title 24.

H. The Project Inspector shall keep a copy of Parts 1 and 2 of Title 24, available in the field during construction.

I. Supervision of the project by DSA shall conform to Section 4-334 of Title 24.

J. All tests to conform to the requirements of Section 4-335, Part 1, Title 24, and approved structural tests and inspections sheet. Tests of materials and testing laboratory shall be in accordance with Section 4-335 of Part 1, Title 24 and the County shall employ and pay the laboratory. Costs of re-test may be back charged to the Contractor.

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2.0 PRODUCTS

A. Not applicable to this Section.

3.0 EXECUTION


END OF SECTION

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SECTION 011000 - SUMMARY OF WORK

1.0 GENERAL

1.1 SUMMARY

A. This Section includes summary of work including:

1. Work covered by Contract Documents.

2. Bid items, Allowances and Alternates.

3. Work under other contracts.

4. Work sequence.

5. Cooperation of contractor and coordination with other work.

6. Maintenance.

7. Occupancy requirements.

8. Reference Standards.

9. Products ordered in advance.

10. Furnished products.

1.2 WORK COVERED BY CONTRACT DOCUMENTS

A. Work of the Contract comprises the remodel of existing restrooms and work areas to provide for new pre-school student and staff restrooms and access to those restrooms. The scope includes the demolition of existing floors, walls and doors. Re-framing of the doors to allow for framed openings and new doors and door hardware as noted, including automatic door hardware for the main entry door.

B. Unless provided otherwise in the Contract Documents, all risk of loss to Work covered by Contract Documents shall rest with Contractor until Final Completion and Acceptance of the Work.

1.3 BID ITEMS

A. Any bid item may be deleted in total or in part prior to or after award of Contract without compensation in any form or adjustment of other bid items or prices therefore.

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B. Alternates:

1. Alternates will be exercised per order received.2. Contractor must coordinate related work and modify surrounding work as

required to complete Work, including changes under each Alternate designated in the contract documents.

1.4 WORK SEQUENCE

A. Construct Work in stages and at times to accommodate operation requirements during the construction period; coordinate construction schedule and operations with Architect.

1.5 COOPERATION OF CONTRACTOR AND COORDINATION WITH OTHER WORK

A. Should construction work, or work of any other nature, be under way by other forces or by other contractors within or adjacent to the limits of the Work, the Contractor shall cooperate with all such other contractors or forces to the end that any delay or hindrance to their work will be avoided. The cost of such cooperation will be considered as included in the bid amount and no direct or additional payment will be made therefore.

B. Santa Clara County Office of Education reserves the right to perform other or additional work, within or adjacent to the limits of the work specified, at any time by the use of other forces. The Contractor shall coordinate with the County and any forces, or other forces, engaged by the County, as required by the Contract General Conditions (refer to AIA Document A201-1997, Part A of this book). In the event that the performance of such other or additional work materially increases or decreases the Contractor's costs, the work and the amount to be paid therefore will be appropriately adjusted as determined by the Architect.

C. Limit use of premises for Work and for construction operations to allow for:

1. Operation.

2. Work by other contractors and tenants.

D. Coordinate use of premises and access to site with other contractors, utilities, tenants, and forces, as required by the Contract General Conditions (refer to AIA Document A201-1997, Part A of this book). Architect has final authority over coordination, use of premises, and access to site.

E. Cooperate with students, teachers, administrators and others who may occupy the building prior to completion of Work of this Contract.

F. Cooperate with contractors for other area work, not included in Contract, but which may take place during construction period.

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1.6 MAINTENANCE

A. Cost of maintenance of systems and equipment prior to Final Acceptance will be considered as included in prices bid and no direct or additional payment will be made therefore.

1.7 OCCUPANCY REQUIREMENTS

A. Whenever, in the opinion of Architect, Work or any part thereof is in a condition suitable for use, and the best interest of requires such use, may take beneficial occupancy of and connect to, open for public use, or use the Work or such part thereof. In such case, will request Architect to inspect the Work or part thereof, and issue a Certificate of Substantial Completion for that part of Work.

B. Prior to date of Final Acceptance of the Work by all necessary repairs or renewals in Work or part thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor.

C. Use of Work or part thereof as contemplated by this Section shall in no case be construed as constituting acceptance of Work or any part thereof. Such use shall neither relieve Contractor of any responsibilities under Contract, nor act as waiver by of any of the conditions thereof.

2.0 PRODUCTS

2.1 REFERENCE STANDARDS

A. For products specified by association or trade standards, comply with requirements of standard, except where more rigid requirements are specified or are required by applicable codes.

3.0 EXECUTION


END OF SECTION

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SECTION 012200 - UNIT PRICES: MEASUREMENT AND PAYMENT

1.0 GENERAL

1.1 SUMMARY

A. This Section includes the description requirements and procedures for determining amount of work done and for obtaining payment for work done.


A. Section 011000, Summary of Work

B. Section 012600, Modification Procedures

C. Section 013300, Submittal Procedures

D. Section 013200, Construction Progress Documentation – Schedule

E. Section 017700, Contract Closeout Procedures

1.3 REFERENCES

A. Public Contract Code

1.4 SCOPE OF WORK

A. Work under Contract, or under any bid item, allowance or alternate, shall include all labor, materials, transport, handling, storage, supervision, administration and all other items necessary for the satisfactory completion of work, whether or not expressly specified or shown.

1.5 DETERMINATION OF QUANTITIES

A. Quantity of work to be paid for under any item for which a unit price is fixed in Contract shall be number, as determined by Architect, of units of work satisfactorily completed in accordance with Plans and Specifications and as directed pursuant to Plans and Specifications. Unless otherwise provided, determination of number of units of work so completed will be based, so fares practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits. Measurements and computations will be made by methods as Architect may consider appropriate for class of work measured.

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1.6 SCOPE OF PAYMENT

A. Except as otherwise expressly stipulated in Section 011000 Summary of Work, payment to Contractor at the unit price or other price fixed in the contract for performing the work required under any item, or (if the contract is on a lump sum price basis) at the lump sum price fixed in the contract for performing all work required under the contract, and as either may be adjusted pursuant to any approved change order, shall be full compensation for completing, in accordance with the Contract Documents, all work required under the item or under the contract, and for all expense incurred by Contractor for any purpose in connection with the performance and completion of said work, including all incidental work necessary for completion of the Work.

B. The Contract Sum, whether lump sum, unit price or otherwise, shall be deemed to include all costs necessary to complete required Work, shall also include any costs for loss or damage arising from nature of Work or, prosecution of the Work, or from action of elements. Unless the Contract Documents expressly provide otherwise, the Contract Sum shall be deemed to include:

1. Any and all costs arising from any unforeseen difficulties which may be encountered during, and all risks of any description connected with, prosecution of Work until acceptance by Owner;

2. All expenses incurred due to suspension, or discontinuance of Work as provided in Contract;

3. Escalation to allow for cost increases between time of Contract Award and completion of Work.

C. Whenever it is specified herein that Contractor is to do work or furnish materials of any class for which no price is fixed in the Contract, it shall be understood that Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.

D. No payment shall be made for materials or equipment not yet incorporated into the Work, except as follows:

NONE.

E. For the above listed materials and equipment, where Contractor requests payment on the basis of such materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:

1. The materials and/or equipment shall be delivered and suitably stored at the site or at another location agreed to in writing, for example, a mutually acceptable warehouse;

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2. Full title to the materials and/or equipment shall vest in the Owner at the time of deliver to the site, warehouse or other storage location;

3. Contractor shall obtain a negotiable warehouse receipt, endorsed over to Owner for materials and/or equipment stored in an off-site warehouse. No payment shall be made until such endorsed receipts are delivered to Architect;

4. Stockpiled materials and/or equipment shall be available for Owner inspection. Materials and/or equipment shall be segregated and labeled or tagged to specifically identify this specific Contract;

5. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at Contractor's expense;

6. At its expense, Contractor shall insure the materials and/or equipment against theft, fire, vandalism, and malicious mischief, as well as any other coverages required under the Contract Documents;

7. Contractor's application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner.

1.7 BASIS OF PAYMENT

A. Unit Pay Quantities: When estimated quantity for specific portions of Work is listed in Bid Form, quantity of work to be paid for shall be actual number of units satisfactorily completed in accordance with Plans and Specifications.

B. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated as Lump Sum, payment will be on a Lump Sum basis for Work satisfactorily completed in accordance with Plans and Specifications.

C. Allowances: Allowance items will be paid for as provided in Section 011000 Summary of Work. Funds authorized for Allowance work will not be released for contract payments unless additional work has been authorized in writing by Owner.

D. Payment for all work included in Contract Documents shall be included in lump sum or unit price or prices bid, and no direct or additional payments will be made for any incidental work.

E. Owner does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add work not included in Bid, when in its judgment such change is in best interest of Owner. No change in Work shall be

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considered waiver of any other condition of Contract. No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between amount of work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.

1.8 PROGRESS PAYMENTS

A. Progress payments will be made monthly.

B. Schedule of Values:

1. Within thirty (30) calendar days from issuance of Notice of Award and prior to the Contractor's application for the first progress payment, the Contractor shall submit a detailed breakdown of its bid by scheduled Work items and/or activities, including coordination responsibilities and project record document responsibilities. The Contractor shall furnish such breakdown, of the total Contract Sum, by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, which cumulative sum equals the total Contract Sum. The format and detail of the breakdown shall be as directed by the Architect to facilitate and clarify future progress payments to Contractor for direct Contact Work. This breakdown shall be referred to as the Schedule of Values.

2. The Contractor's overhead, profit, insurance, cost of bonds and/or other financing, as well as "general conditions costs," (for example, site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equal the Contractor's total Contract Sum, less any allowances designated by the Architect.

3. The Architect will review the breakdown in conjunction with the Progress Schedule to ensure that the dollar amounts of this Schedule of Values are, in fact, fair market cost allocations for the Work items listed. Upon favorable review by the Architect, this Schedule of Values will be accepted for use by the Architect. The Owner and the Architect shall be the sole judges of fair market cost allocations.

4. Any attempt to increase the cost of early activities, that is, "front loading," will be rejected by the Owner, resulting in a complete reallocation of monies until such "front loading" is corrected. Repeated attempts at "front loading" may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to the Owner.

C. Payment Requests:

1. On or before the 25th day of each month, the Contractor shall submit to the Architect three (3) copies of a request for payment for the cost of the Work put in

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place during the period from the [1st] day of the previous month to the [30th] day of the previous month. Such requests for progress payments shall be based upon Schedule of Values prices of all labor and materials incorporated in the Work up until midnight of the last day of that one month period, less the aggregate of previous payments. If Contractor is late submitting its payment request, that payment request may be processed at any time during the succeeding one month period, resulting in processing of Contractor's payment request being delayed for more than a day for day basis.

2. Payment requests may include, but are not necessarily limited to the following:

a. Material, equipment and labor incorporated into the Work, less any previous payments for the same;

b. Up to seventy-five percent (75%) of the cost of major equipment identified in paragraph 1.05.D above, if purchased and delivered to the site or stored off site, as may be approved by the Architect.

c. Up to fifty percent (50%) of the cost of materials identified in paragraph 1.05.D above specifically fabricated for the Project that are not yet incorporated into the Work.

3. Contractor shall, at the time any payment request is submitted, certify in writing the accuracy of the payment request and that Contractor has fulfilled all scheduling requirements of the Contract General Conditions (refer to AIA Document A201-1997, included in Part A of this book) and Section 013200, Construction Progress Documentation -Schedules and Reports, including updates and revisions. The certification shall be executed by a responsible officer of the Contractor.

4. No progress payment will be processed prior to Architect receiving all requested, acceptable schedule update information.

5. Each payment request shall list each Change Order executed prior to date of submission, including the Change Order Number, and a description of the work activities, consistent with the descriptions of original work activities. Contractor shall submit a monthly Change Order status log to Architect.

6. If Architect requires substantiating data, Contractor shall submit information requested by Architect, with cover letter identifying Project, payment request number and date, and detailed list of enclosures. Contractor shall submit one copy of substantiating data and cover letter for each copy Payment request submitted.

7. Monthly progress payments shall be made, based on total value of activities completed or partially completed, as determined by Owner with participation of Contractor, and based upon approved activity costs. Accumulated retainage will be shown as separate item in payment summary. If Contractor fails or refuses to participate in construction progress evaluation with Owner, Contractor shall not

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receive current payment until Contractor has participated fully in providing construction progress information and schedule update information for Owner.

8. No progress payment will be processed prior to Architect receiving all requested, acceptable prevailing wage and certified payroll information.

D. Progress Payments:

1. Upon receiving Contractor's payment request, Architect will review the payment request and make necessary adjustments to percent of completion of each activity. One copy will be returned to Contractor with description of adjustments made. All parties will update percentage of completion values in the same manner, that is, express value of an accumulated percentage of completion to date.

2. The payment request may be reviewed by Architect, Architect/Engineer and/or inspectors, for the purpose of determining that the payment request is a proper payment request, and shall be rejected, revised or approved by the Architect pursuant to the cost breakdown prepared in accordance with Section 1.7B of this Section.

3. If it is determined that the payment request is not a proper payment request suitable for payment, Architect shall return it to the Contractor as soon as practicable, but no later than seven (7) days after receipt, together with a document setting forth in writing the reasons why the payment request is not proper.

4. Pursuant to Public Contract Code Section 20104.50, if the Owner fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a contractor, the Owner shall pay interest to the Contractor equivalent to the legal rates set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. The thirty (30) day period shall be reduced by the number of days by which Owner exceeds the seven (7) day return requirement set forth herein.

5. As soon as practicable after approval of each request for progress payment, Owner will pay to Contractor in manner provided by law, an amount equal to ninety percent (90%) of Architect's estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of Architect, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract.

6. Before any progress payment or final payment is made, the Contractor may be required to submit satisfactory evidence that Contractor is not delinquent in payments to employees subcontractors, suppliers, or creditors for labor and materials incorporated into Work.

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7. Owner reserves and shall have the right to withhold payment for any equipment and/or specifically fabricated materials that, in the sole judgment of the Architect, is not adequately and properly protected against weather and/or damage, prior to or following incorporation into the Work.

8. Granting of progress payment or payments by Owner, or receipt thereof by Contractor, shall not be understood as constituting in any sense acceptance of Work or of any portion thereof, and shall in no way lessen liability of Contractor to replace unsatisfactory work or material, though unsatisfactory character of work or material may have been apparent or detected at time payment was made.

9. When Owner shall charge sum of money against Contractor under any provision of Contract, amount of charge shall be deducted and retained by Owner from amount of next succeeding progress payment or from any other monies due or that may become due Contractor under Contract. If, on completion or termination of Contract, such monies due Contractor are found insufficient to cover Owner's charges against him, Owner shall have right to recover balance from Contractor or Sureties.

1.9 RETENTION

A. Pursuant to provisions of Public Contract Code Section 22300, substitution of securities for any monies withheld under Contract to insure performance is permitted under following conditions:

1. At request and expense of Contractor, securities listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and Owner which are equivalent to the amount withheld under retention provisions of Contract shall be deposited with Controller or with a state or federally chartered bank in California, as the escrow agent, who shall then pay such monies to Contractor. Upon satisfactory completion of Contract, securities shall be returned to Contractor.

2. Alternatively, Contractor may request and the Owner shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this Section for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from escrow agent all securities, interest, and payments received by the escrow agent from the Owner, pursuant to the terms of this Section. The Contractor shall pay to each subcontractor, not later than twenty (20) days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure the performance of the Contractor.

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3. Contractor shall be beneficial owner of securities substituted for monies withheld and shall receive any interest thereon.

4. Contractor shall enter into escrow agreement with Controller as authorized under Public Contract Code Section 22300, specifying amount of securities to be deposited, terms and conditions of conversion to cash in case of default of Contractor, and termination of escrow upon completion of Contract.

1.10 FINAL PAYMENT

A. As soon as practicable after all required Work is completed in accordance with Contract, including Contractor maintenance after Final Acceptance, Owner will pay to Contractor, in manner provided by law, unpaid balance of contract price of Work, or whole contract price of Work if no progress payment has been made, determined in accordance with terms of Contract, less sums as may be lawfully retained under any provisions of Contract or by law.

B. Prior progress payments shall be subject to correction in the final payment. Architect's determination of amount due as final payment shall be final and conclusive evidence of amount of Work performed by Contractor under Contract, and shall be full measure of compensation to be received by Contractor.

C. Contractor and each assignee under an assignment in effect at time of final payment, and as a condition precedent to final payment, shall release Owner, its officers, agents, employees, Architect and all consultants from liabilities, obligations, and claims arising under Contract.

1.11 EFFECT OF PAYMENT

A. Payment will be made by Owner, based on the Architect's observations at the site and the data comprising the Application for Payment. Payment will not be a representation that the Architect has:

1. Made exhaustive or continuous on-site inspections to check the quality or quantity of Work;

2. Reviewed construction means, methods, techniques, sequences or procedures;

3. Reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by Owner to substantiate Contractor's right to payment; or

4. Made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the Contract Sum.

2.0 PRODUCTS


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3.0 EXECUTION


END OF SECTION

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SECTION 012600 - MODIFICATION PROCEDURES

1.0 GENERAL

1.1 SUMMARY

A. This Section includes the description of general procedural requirements for alterations, modifications and extras.



B. Section 012200, Unit Prices: Measurement and Payment

C. Section 012613, Requests For Information

1.3 GENERAL

A. Any change in scope of work or deviation from Drawings or Specifications shall be accomplished only when authorized in writing by Architect.

B. Changes in scope of Work or deviation from Drawings or Specifications may be initiated only by the Contractor or the Architect.

1. Contractor may initiate changes by submitting Requests For Information (RFI), Notice of Concealed or Unknown Conditions, or Notice of Hazardous Waste Conditions.

a. RFIs shall be submitted to seek clarification of Contract Documents.

2. Contractor shall be responsible for its costs to implement and administer RFIs throughout the Contract duration. Regardless of the number of RFIs submitted, Contractor will not be entitled to additional compensation. Contractor shall be responsible for both the Santa Clara County Office of Education's and Architect's administrative costs for answering its RFIs where the answer could reasonably be found by reviewing the Contract Documents, as determined by Architect; such costs will be deducted from progress payments.

3. Architect may initiate changes by issuing a Supplemental Instruction.

4. Architect may initiate changes by issuing Requests For Proposal (RFP) to Contractor. Such RFPs will detail all proposed changes in the Work and request a quotation of changes in Contract Sum and Contract Times from Contractor.

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1.4 PROCEDURE

A. Contractor shall submit RFI to Architect. Architect shall respond by issuing a Clarification.

1. If Contractor is satisfied with the Clarification and does not request change in Contract Sum or Contract Times, then the Clarification shall be executed without a change.

2. If Contractor believes that the Clarification results in change in Contract Sum or Contract Times, Contractor shall notify Architect who may then deny request for change or issue RFP.

B. Contractor shall submit Notices of Concealed or Unknown Conditions to resolve unanticipated conditions incurred in the execution of the Work. If Architect determines that a change in Contract Sum or contract Times is justified, Architect shall issue RFP. Architect shall issue Supplemental Instruction to Contractor. Contractor shall not proceed with Supplemental Instruction until Architect approves it in writing.

1. If Contractor is satisfied with Supplemental Instruction and does not request change in Contract Sum or Contract Times, then Supplemental Instruction shall be executed without a Change Order.

2. If Contractor believes that Supplemental Instruction results in change in Contract Sum or Contract Times, Contractor shall notify Architect. Architect may then deny request for change, cancel Clarification or issue RFP.

C. Responses by recipients shall be within a reasonable time.

D. Contractor shall respond to Architect's RFP within fifteen (15) working days by furnishing a complete breakdown of costs of both credits and extras; itemizing materials, labor, taxes, overhead and profit. Subcontract work shall be so indicated.

E. Upon approval of RFP, Architect will issue a Change Order directing Contractor to proceed with extra work.

F. Payment shall be made as follows:

1. Change Orders which increase Contract Sum or Contract Times shall be included in next Contract Modification Form, signed by Architect, accepted by Contractor.

2. Payment shall be made for Change Order work along with other work in progress payment following completion of Change Order work. Partial completion of Change Order work shall be paid for that part completed during the period covered by the monthly payment request.

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1.5 COST DETERMINATION

A. Total cost of extra work shall be the sum of labor costs, material costs, equipment rental costs and specialist costs as defined herein plus overhead and profit as allowed herein. This limit applies in all cases of claims for extra work, whether calculating Change Orders, RFPs, or calculating claims of all types, and applies even in the event of fault, negligence, strict liability, or tort claims of all kinds, including misrepresentation, concealment, strict liability or negligence. No other costs arising out of or connected with the performance of extra work, of any nature, may be recovered by Contractor. No special, incidental or consequential damages may be claimed or recovered against Santa Clara County Office of Education, its representatives or agents, whether arising from breach of contract, negligence or strict liability, unless specifically authorized in the Contract Documents.

B. Overhead and Profit:

1. Overhead shall be as defined in Article 1.8, below.

2. Overhead and profit on labor for extra work shall be 15 percent (15%).

3. Overhead and profit on materials for extra work shall be 15 percent (15%).

4. Overhead and profit on equipment rental for extra work shall be 15 percent (15%).

5. When extra work is performed by a first tier subcontractor, Contractor shall receive a 10 percent (10%) markup on subcontractors' total costs of extra work.

6. When extra work is performed by a lower tier subcontractor, Contractor shall receive a 10 percent (10%) markup on the lower tier subcontractors' total costs of extra work. Contractor and first tier subcontractors shall divide the markup as mutually agreed.

7. Credit for overhead and profit on deleted work shall be 5% for the Contractor actually performing the work plus applicable reductions insurance and bond cost.

C. Taxes:

1. Santa Clara County Sales Tax should be included.

2. Federal and Excise Tax shall not be included.

D. County-Operated Equipment: When County-operated equipment is used to perform extra work, Contractor will be paid for equipment and operator as follows:

1. Payment for equipment will be made in accordance with Paragraph 1.5D, below.

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2. Payment for cost of labor will be made at no more than rates of such labor established by State of California Department of Industrial Relations schedule of Prevailing Wages at the time such work was performed, whether or not the labor was actually covered by such an agreement.

1.6 COST BREAKDOWN

A. Contractor to submit complete breakdown cost proposal identifying labor hours x rate, material quantity x unit price, equipment rental hours x rate and subcontract cost proposals. Markups shall be shown as a separate line-item on the proposal in accordance with Article 1.4B, above. Subcontractors and vendors shall also provide cost breakdowns in accordance with the requirements of the Contract and this Section.

B. Labor: Contractor will be paid cost of labor for workers (including forepersons when authorized by Architect) used in actual and direct performance of extra work. Labor rate, whether employer is Contractor, subcontractor or other forces, will be sum of following:

1. Actual Wages - Actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation and similar purposes.

2. Labor Surcharge - Payments imposed by Santa Clara County Office of Education, County, State and Federal laws and ordinances, and other payments made to, or on behalf of, workers, other than actual wages as defined in subparagraph 1 above, such as taxes and insurances. Labor surcharge shall be as set forth in California Department of Industrial Relations labor rate classification schedule which is in effect on date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein.

C. Material: Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax, to purchaser (Contractor, subcontractor or other forces) from supplier thereof, except as the following are applicable:

1. If cash or trade discount by actual supplier is offered or available to purchaser, it shall be credited to Santa Clara County Office of Education notwithstanding fact that such discount may not have been taken.

2. For materials salvaged upon completion of extra work, salvage value of materials shall be deducted from cost, less discount, of materials.

3. If cost of a material is, in opinion of Architect, excessive, then cost of material shall be deemed to be lowest current wholesale price at which material is available in quantities concerned delivered to Site, less any discounts as provided in subparagraph 1 above.

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D. Equipment Rental: For Contractor or subcontractor-owned equipment, payment will be made at rental rates listed for equipment in California Department of Transportation official equipment rental rate schedule which is in effect on date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type. If, however, equipment of unwarranted size or type and cost is used, cost of use of equipment shall be calculated at rental rate for equipment of proper size and type. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer approved modifications, shall be used to classify equipment for determination of applicable rental rates. Individual pieces of equipment or tools not listed in said publication and having a replacement value of one hundred dollars ($100) or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor as payment is included in payment for labor. Rental time will not be allowed while equipment is inoperative due to breakdowns.

1. For equipment on Site, rental time to be paid for equipment shall be time equipment is in operation on extra work being performed or on standby as approved by Architect. The following shall be used in computing rental time of equipment:

a. When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (1/2) hour of operation.

b. When daily rates are listed, less than four (4) hours of operation shall be considered to be one-half (1/2) day of operation.

2. For equipment which must be brought to Site to be used exclusively on extra work, cost of transporting equipment to Site and its return to its original location shall be determined as follows:

a. Santa Clara County Office of Education will pay for costs of loading and unloading equipment.

b. Cost of transporting equipment in low bed trailers shall not exceed hourly rates charged by established haulers.

c. Cost of transporting equipment shall not exceed applicable minimum established rates of California Public Utilities Commission.

d. Payment for transporting, and loading and unloading equipment as above provided will not be made if equipment is used on Work in any other way than upon extra work.

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3. Rental period shall begin at time equipment is unloaded at Site of extra work and terminate at end of day on which Architect directs Contractor to discontinue use of equipment. Excluding Saturdays, Sundays, and legal holidays, unless equipment is used to perform extra work on such days, rental time to be paid per day shall be four (4) hours for zero (0) hours of operation, six (6) hours for four (4) hours of operation and eight (8) hours for eight (8) hours of operation, time being prorated between these parameters. Hours to be paid for equipment which is operated less than eight (8) hours due to breakdowns, shall not exceed eight (8) less number of hours equipment is inoperative due to breakdowns.

E. Work Performed by Special Forces or Other Special Services: When Architect and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work item may be performed by specialist. Invoices for service or item of extra work on basis of current market price thereof may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances wherein Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as a specialist billing. Architect must be notified in advance of all off site work. To specialist invoice price, less credit to Santa Clara County Office of Education for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent (15%) in lieu of overhead and profit provided in Paragraph 1.4B, above.

F. Deleted Work and Credits: When a change request, RFI, RFP, or Construction Change Directive includes both additive and deductive work, the total mark-up shall be on the net sum of the change.

1.7 FORCE-ACCOUNT

A. If it is impracticable because of nature of work, or for any other reason, to fix an increase or decrease in price definitely in advance, a Construction Change Directive may be issued in accordance with Article 7.3 Construction Change Directives from General Conditions of the Contract for Construction, AIA Document A201-1997 (included in Part A of this book) to fix a maximum price which shall not under any circumstances be exceeded, and subject to such limitation, such alteration, modification or extra shall be paid for at actual necessary cost as determined by Santa Clara County Office of Education, which cost shall be determined pursuant to Article 1.4, above, and shall be known as Force-Account work.

B. Whenever any Force-Account work is in progress, definite price for which has not been agreed on in advance, Contractor shall report to Architect each day in writing in detail amount and cost of labor and material used, and any other expense incurred in Force-Account work on preceding work day, and no claim for compensation for Force-Account work will be allowed unless report shall have been made.

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C. Above described methods of determining payment for work and materials shall not apply to performance of work or furnishings of material which, in judgment of Architect, may properly be classified under items for which prices are established in Contract.

1.8 FURNISHED MATERIALS (by Santa Clara County Office of Education)

A. Santa Clara County Office of Education reserves right to furnish materials as it deems advisable, and Contractor shall have no claims for costs and overhead and profit on such materials.

1.9 OVERHEAD DEFINED

A. The following constitutes charges that are included in overhead for all contract modifications, including Force-Account work:

1. Drawings: field drawings, shop drawings, etc. including submissions of drawings.

2. Routine field inspection of work proposed.

3. General Superintendence.

4. General administration and preparation of change orders.

5. Computer services.

6. Reproduction services.

7. Salaries of project engineer, project manager, superintendent, timekeeper, storekeeper and secretaries.

8. Janitorial services.

9. Temporary on-site facilities.

a. Offices

b. Telephones

c. Plumbing

d. Electrical: Power, lighting

e. Platforms

f. Fencing, and so on.

g. Home office expenses.

h. Procurement and use of vehicles and fuel used coincidentally in base bid work.

i. Surveying

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j. Estimating

k. Protection of work

l. Final cleanup

m. Other incidental work

1.10 RECORDS AND CERTIFICATION

A. Force-Account (cost reimbursement) charges shall be recorded daily upon Cost Breakdown for Contract Modification Form obtained from or approved by the Architect. Contractor or authorized representative shall complete and sign form. Architect or Inspector shall sign form indicating approval of labor and equipment hours and material used only. Contract Modification Form shall provide names and classifications of workers and hours worked by each, itemize materials used, and also list size type and identification number of equipment, and hours operated, and shall indicate work done by specialists.

B. No payment for Force-Account work shall be made until Contractor submits original invoices substantiating materials and specialist charges.

C. Santa Clara County Office of Education shall have the right to audit all records in possession of Contractor relating to activities covered by Contractor's claims for modification of Contract, including Force-Account work, as set forth in Article 7.3 Construction Change Directives from General Conditions of the Contract for Construction, AIA Document A201-1997 (included in Part A of this book).

D. Further, Santa Clara County Office of Education shall have right to audit, inspect, or copy all records maintained in connection with this Contract, including financial records, in possession of Contractor relating to any transaction or activity occurring or arising out of, or by virtue of, Contract. If Contractor is a joint venture, right of Santa Clara County Office of Education shall apply collaterally to same extent to records of joint venture sponsor, and of each individual joint venture member.

2.0 PRODUCTS


3.0 EXECUTION


END OF SECTION

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SECTION 012613 - REQUESTS FOR INFORMATION

1.0 GENERAL

1.1 SUMMARY

A. This Section includes the procedures to be followed by the Contractor upon discovery of any apparent conflicts, omissions, or errors in the contract documents, or upon having any questions concerning interpretation.

1.2 PROCEDURES

A. Notification by Contractor: Should the Contractor discover conflicts, omissions, or errors in the contract documents, or have any questions concerning interpretation or clarification of the contract documents, or if it appears to the contractor that work to be done or any matter relative thereto are not sufficiently detailed or explained in the contract documents, then, before proceeding with the work affected, the Contractor shall immediately notify the Architect in writing and request interpretation, clarification, or additional detailed instructions concerning the work. The Contractor shall ask for any clarification or request for information immediately upon discovery, but no less than fifteen (15) days prior to the start date of the activities related to the clarification, based on the latest updated version of the accepted contract schedule.

B. Form: The Contractor shall submit all requests for clarification and/or additional information in writing to the Architect using the Request For Information (RFI) form provided by the Architect.

C. The Contractor will number RFIs consecutively with the date of issue, except for reissuance of a respective RFI in which the subscript a, b, c, and so on, will be added until the RFI is resolved.

D. Response Time: The Architect, whose decision will be final and conclusive, shall resolve such questions and issue instruction to the Contractor within a reasonable amount of time, but no less than 14 calendar days. In some cases, this time may need to be lengthened or shortened for emergency situations as mutually agreed upon by all parties. Should the Contractor proceed with the work affected before receipt of a response from the Architect within the response time described above, any portion of the work which is not done in accordance with the Architect's interpretation, clarifications, instructions, or decisions subject to removal or replacement and the Contractor shall be responsible for all losses.

E. Reason for Submission: The Contractor may submit RFIs if one of the following conditions occur:

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1. The Contractor discovers an unforeseen condition or circumstance that is not described in the contract documents.

2. The Contractor discovers an apparent conflict or discrepancy between portions of the contract documents and appears to be inconsistent or is not reasonably inferred from the intent of the contract documents.

3. The Contractor discovers what appears to be an omission from the contract documents that cannot be reasonably inferred from the intent of the contract documents.

F. Rejections: RFIs will not be recognized or accepted if in the opinion of the Architect one of the following conditions exists:

1. The Contract submits an RFI as a submittal.

2. The Contractor submits the RFI under the pretense of a contract documents discrepancy or omission without thoroughly reviewing the documents.

3. The Contractor submits the RFI in a manner that suggests that specific portions of the contract documents are assumed to be excluded, or taken as an isolated portion of the contract documents in part rather than whole.

4. The Contractor submits an RFI in an untimely manner without proper coordination and scheduling of work or related trades.

G. Subject: Each RFI shall be limited to one subject.

H. Additional Detailed Instructions: The Architect may furnish additional detailed written instructions to further explain the work, and such instructions shall be a part of the contract documents. Should additional detailed instructions in the opinion of the Contractor constitute work in excess of the scope of the contract the Contractor shall submit notification immediately and written notification thereof to the Architect no more than seven calendar days following receipt of such instruction, and in any event prior to the commencement of work thereon. The Architect will then consider such notice, and if the Architect considers it justified, the Architect's instructions will be revised or a proposed change order will be issued. The Contractor shall have no claim for additional compensation or extension of the schedule because of any such additional instructions unless the Contractor provides the Architect written notice thereof within the time frame specified above. In addition, the Contractor shall within 15 days from the date of notification provide detailed justification and analysis as well as compete pricing and schedule CPM network analysis to support any request for time extension. For more details, see Article 7 Changes in the Work from General Conditions of the Contract for Construction, AIA Document A201-1997 (Part A of this book).

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3.0 EXECUTION


END OF SECTION

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SECTION 013113 - PROJECT COORDINATION

1.0 GENERAL

1.1 SUMMARY

A. Coordinate the Work; do not delegate the responsibility for coordination to any Subcontractor.

1. Resolve differences or disputes concerning coordination, interference, or extent of Work of the various Sections.

2. The Contractor's decisions regarding work by subcontractors, if consistent with the requirements of the Contract Documents, shall be final.

B. Coordinate Work to assure efficient and orderly sequence of installation of construction elements.

C. Perform and complete checking and coordination before commencing Work in the affected areas.

D. Verify characteristics of interrelated operating equipment are compatible; coordinate Work having interdependent responsibilities for installing, connection to, and placing such equipment in service.

E. Provide basic layouts of grid lines and station points on subfloors as necessary to facilitate coordination and layout of partitions and Work at and above ceilings.

F. Make provisions for accommodating Work to be provided by others.

1.2 COORDINATION DRAWINGS

A. Prepare large-scale coordination drawings before beginning fabrication or delivery of materials and equipment to the job site.

1. Drawings shall clearly indicate coordination of mechanical, electrical, and equipment installations with structural and architectural elements.

B. Keep copies of coordination drawings at the job site.

C. The Architect will verify that coordination drawings have been made, but no review of the drawings will be made.

1.3 MECHANICAL AND ELECTRICAL COORDINATION

A. Use coordination drawings of mechanical and electrical Work, together with Shop Drawings and layout drawings of affected Work to check; coordinate and integrate the Work to prevent interferences.

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B. Coordinate space requirements and installation of mechanical and electrical Work which are indicated diagrammatically on Drawings.

C. Routing shown for pipes, ducts, and conduits is diagrammatic only; make runs parallel with lines of building.

D. Utilize spaces efficiently to maximize accessibility for other installation, for maintenance, and for repairs.

E. Conceal pipes, ducts, and wiring in finished areas, unless otherwise indicated; coordinate locations of fixtures and outlets with finish elements.

2.0 PRODUCTS


3.0 EXECUTION


END OF SECTION

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SECTION 013119 - PROJECT MEETINGS

1.0 GENERAL

1.1 PRECONSTRUCTION CONFERENCE

A. Prior to commencement of Work, a preconstruction conference will be held to discuss procedures to be followed during the progress of the Work.

1. The preconstruction conference will be held at a location designated by the Architect.

B. Attending the conference shall be:

1. Santa Clara County Office of Education's representatives.

2. Architect's representatives.

3. Santa Clara County Office of Education's consultants.

4. Architect's subconsultants.

5. Contractor's representatives.

6. Contractor's superintendent.

7. Designated major Subcontractors.

8. Others requested by the Architect.

1.2 PROGRESS MEETINGS

A. Weekly progress meetings will be held throughout the progress of the Work; location shall be in Architect's field office.

B. The Architect will prepare agenda with copies for participants, preside at meetings, record minutes and distribute copies within three (3) work days to the Architect, meeting participants, and those affected.

C. Attendance and Participation: Project superintendent, Santa Clara County Office of Education, Architect, Architect's subconsultants, Santa Clara County Office of Education's consultants, and major subcontractors as appropriate to agenda topics for each meeting.

D. Suggested Agenda: Review of Work progress, status of progress CPM schedule and adjustments, delivery schedules, submittal status report, RFI status report, maintenance of quality standards, pending changes, and substitutions.

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E. Special Meetings: Schedule and administer other meetings as required by the progress of the Work and to review provisions and tests specified elsewhere in the Contract Documents.

1. Schedule special meetings when so requested by the Architect.

1.3 BILLING MEETINGS

A. As part of the last progress meeting each month, schedule and hold a billing meeting, with the Architect in attendance.

1. Purpose of billing meeting is for agreeing on the percentage of Work completed to that date and to establish the sum to be requested in the Application for Payment.

B. Prepare an itemized draft of the month's proposed billing for review at the meeting.

1.4 PRE-INSTALLATION/APPLICATION MEETINGS

A. Meetings to review installation and application shall be scheduled a minimum of fourteen (14) days prior to the start of installations and applications.

1. Attending shall be Project superintendent, Santa Clara County Office of Education, Architect, manufacturers' representatives and installers of products involved, other installers whose Work may affect or be affected by the Work to be reviewed, and Testing Laboratory Inspector.

B. Review in detail the Contract Documents and manufacturers' requirements, Specifications, installation drawings and details, and Drawings and Details of affected Work.

1. Resolve discovered and anticipated conflicts, incompatibilities, and inadequacies at the conference.

C. Review in detail Project conditions, schedules, construction sequence, requirements for applications and qualities of completed applications, and protection of adjacent Work and property.

D. Review in detail means of protecting the completed applications during the remainder of the construction period.

1.5 SCHEDULE APPROVAL MEETINGS

A. Prior to approval of the CPM schedule, the Architect may require that the Contractor and its Subcontractors attend meetings to ascertain information for approval of the CPM schedule.

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B. This information may include, but will not be limited to, productivity, manpower loading, equipment planning, activity durations, logic, cost loading, and other pertinent matters.

C. Attending shall be the Contractor, Subcontractors as appropriate, suppliers as appropriate, and others as appropriate.

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3.0 EXECUTION


END OF SECTION

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SECTION 013200 - CONSTRUCTION PROGRESS DOCUMENTATION: SCHEDULES AND REPORTS

1.0 GENERAL

1.1 SUMMARY

A. Scheduling of Work under this Contract shall be performed by Contractor in accordance with requirements of this Section.

B. Upon Award of Contract, Contractor shall immediately commence development of the Schedule to ensure compliance with schedule submittal requirements.

C. Contract schedule shall be based on and incorporate Contract milestone and completion dates specified in Contract Documents.

D. Overall time of completion and time of completion for each milestone shown on Contract schedule shall adhere to times specified in the Contract Special Provisions.

1. The Architect is not required to accept an earlier (advanced) schedule.

2. Contractor shall not be entitled to any compensation for any field or home office overhead in event agreement is not reached on an earlier (advanced) schedule and Contractor completes its Work, for whatever reason, beyond completion date shown in earlier (advanced) schedule.

3. A schedule showing the work completed in less than the Contract time, which has been accepted by the Architect, shall be considered to have Project Float. The Project Float is the time between the scheduled completion of the work and Contract Substantial Completion.

4. Project Float is a resource available to both the Architect and the Contractor.

E. Contract schedule shall be basis for evaluating job progress, payment requests, and time extension requests. Responsibility for developing Contract CPM schedule and monitoring actual progress as compared to schedule rests with Contractor.

F. Failure of Contract schedule to include any element of the Work or any inaccuracy in Contract Schedule will not relieve Contractor from responsibility for accomplishing the Work in accordance with the Contract.

G. Float Ownership: Neither the Santa Clara County Office of Education nor the Contractor owns float.

1. The Project owns the float. As such, liability for delay of the Substantial Completion Date rests with the party whose actions, last in time, actually cause delay to the Substantial Completion.

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a. For example, if Party A uses some, but not all of the float and Party B later uses remainder of the float as well as additional time beyond the float, Party B shall be liable for the time that represents a delay to the Substantial Completion Date.

b. Under this scenario, Party A would not be responsible for the time since it did not consume all of the float and additional float remained; therefore, the Substantial Completion Date was unaffected.

H. Progress Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests. Responsibility for developing Contract schedule and monitoring actual progress as compared to Progress Schedule rests with Contractor.

I. Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will not relieve Contractor from responsibility for accomplishing the Work in accordance with the Contract. Santa Clara County Office of Education's acceptance of Schedule shall be for its use in monitoring and evaluating job progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon Santa Clara County Office of Education, or act to relieve Contractor of its responsibility for means and methods of construction.

1.2 ORIGINAL CPM SCHEDULE

A. Within thirty (30) calendar days after the Notice to Proceed date, submit a detailed proposed Original CPM Schedule presenting an orderly and realistic plan for completion of the Work, in conformance with requirements as specified herein.

B. Contract schedule shall furnish or comply with following requirements:

1. Time-scaled CPM schedule.

2. No activity on schedule shall have duration longer than fifteen (15) workdays, with exception of submittal, approval, fabrication and procurement activities, unless otherwise approved by the Architect.

a. Activity durations shall be total number of actual work days required to perform that activity excluding consideration of weather impact on completion of that activity.

3. Procurement of major equipment, through receipt and inspection at jobsite, identified as a separate activity.

4. County-furnished materials and equipment, if any, identified as separate activities.

5. Dependencies (or relationships) between activities.

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6. Processing/approval of submittals and shop drawings for all Contract-required material and equipment. Activities that are dependent on submittal acceptance or material delivery shall not be scheduled to start earlier than expected acceptance or delivery dates.

a. The duration for review and approval of submittals and shop drawings shall be as specified in Section 013300, Submittal Procedures. Contractor shall be responsible for all impacts resulting from resubmittal of shop drawings and submittals.

7. Twenty (20) workdays for developing punch list(s), completion of punch list items, and final clean-up for the Work or any designated portion thereof.

a. No other activities shall be scheduled during this period.

8. Interface with the Work of other contractors (and agencies such, as but not limited to, utility companies).

9. Show detailed Subcontractor Work activities.

10. Activity durations shall be in Work days.

C. Adjustments to Original CPM Schedule: Within fourteen (14) calendar days after receipt of the Architect's response to the Contractor's Original CPM Schedule, the Contractor shall have adjusted the Original CPM Schedule submittal to address all review comments and resubmit for the Architects review.

1. The Architect, within ten (10) calendar days from date that Contractor submitted the revised schedule, will either (1) accept schedule as submitted, or (2) advise Contractor in writing to review any part or parts of schedule which either do not meet Contract requirements or are unsatisfactory for the Architect to monitor Project's progress, resources and status or evaluate monthly payment request by Contractor.

2. The Architect may accept schedule with conditions. At the first monthly meeting the CPM schedule update shall be revised to correct deficiencies identified.

3. When schedule is accepted, it shall be considered as the "Original CPM Schedule" which will then be immediately updated to reflect the current status of the work.

4. The Architect reserves right to require the Contractor to adjust, add to, or clarify any portion of schedule which may later be discovered to be insufficient for monitoring of Work or approval of partial payment requests. No additional compensation will be provided for such adjustments, additions, or clarifications.

D. Acceptance: Acceptance of Contractor's schedule by the Architect will be based solely upon schedule's compliance with Contract requirements.

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1. By way of Contractor assigning activity durations and proposing sequence of Work, Contractor agrees to utilize sufficient and necessary management and other resources to perform work in accordance with the schedule.

2. Upon submittal of schedule update, updated schedule shall be considered "current" CPM schedule.

3. Submission of Contractor's schedule to the Architect shall not relieve Contractor of total responsibility for scheduling, sequencing, and pursuing Work to comply with requirements of Contract Documents, including adverse effects such as delays resulting from ill-timed work.

E. Submittal of Original CPM Schedule, and subsequent schedule updates, shall be understood to be Contractor's representation that the Schedule meets requirements of Contract Documents and that Work shall be executed in sequence indicated on the schedule.

F. Contractor shall distribute Original CPM Schedule to Subcontractors for review and acceptance.

1.3 MONTHLY CPM SCHEDULE UPDATE SUBMITTALS

A. Following acceptance of Contractor's Original CPM Schedule, Contractor shall monitor progress of Work and adjust schedule each month to reflect actual progress and any anticipated changes to planned activities.

1. Each schedule update submitted shall be complete, including all information requested for the Original CPM Schedule submittal.

2. Each update shall continue to show all work activities including those already completed.

3. These completed activities shall accurately reflect "as built" information by indicating when activities were actually started and completed.

4. Within seven (7) calendar days of receipt of above noted update, the Architect will either accept or reject monthly schedule update submittal.

a. If accepted, percent complete shown in monthly update will be basis for Application for Payment by the Contractor. The schedule update shall be submitted as part of the Contractor's Application for Payment.

c. If rejected, update shall be corrected and resubmitted by Contractor before the Application for Payment is submitted.

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1.4 SCHEDULE REVISIONS

A. Updating the Schedule to reflect actual progress shall not be considered revisions to the Schedule. Since scheduling is a dynamic process, revisions to activity durations and sequences are expected on a monthly basis.

B. If the Contractor's revision is not accepted by the Architect, and the Contractor disagrees with the Architect's position, the Contractor has seven (7) calendar days from receipt of the Architect's letter, to provide a written narrative explaining its position. If the Architect still does not agree with the Contractor's position, the Architect's position shall govern, and the schedule shall be updated in accordance with the Architect's request. The Contractor's failure to respond in writing within seven (7) calendar days shall be contractually interpreted as acceptance of the Architect's position, and the Contractor waives its rights to subsequently dispute or file a claim regarding the Architect's position.

C. At the Architect's discretion, the Contractor can be required to provide subcontractor certifications for revisions affecting said subcontractors.

1.5 RECOVERY SCHEDULE

A. If the Schedule Update shows a substantial completion date fourteen (14) calendar days beyond the Contract Substantial Completion date, the Contractor shall submit to the Architect the proposed revisions to recover the lost time within seven (7) calendar days. As part of this submittal, the Contractor shall provide a written narrative for each revision made to recapture the lost time.

B. If the Contractor's revisions are not accepted by the Architect, the Contractor shall follow the procedures in Paragraph 1.4, above.

C. At the Architect's discretion, the Contractor can be required to provide subcontractor certifications for revisions affecting said subcontractors.

1.6 TIME IMPACT EVALUATION FOR CHANGE ORDERS, AND OTHER DELAYS

A. When the Contractor is directed to proceed with changed work, the Contractor shall prepare and submit, within fourteen (14) calendar days from the direction to proceed, a Time Impact Evaluation (TIE) which includes both a written narrative and a schedule diagram depicting how the changed work affects other schedule activities. The schedule diagram shall show how the Contractor proposes to incorporate the changed work in the schedule, and how it impacts the current schedule update critical path. The Contractor is also responsible for requesting time extensions based on the TIE's impact on the critical path. The diagram must be tied to the main sequence of schedule activities to enable the Santa Clara County Office of Education to evaluate the impact of changed work to the scheduled critical path.

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B. The Contractor shall be required to comply with the requirements of Paragraph 1.6A, above, for all types of delays such as, but not limited to, Contractor/Subcontractor delays, adverse weather delays, strikes, procurement delays, fabrication delays, and so on.

C. The Contractor shall be responsible for all costs associated with the preparation of Time Impact Evaluations, and the process of incorporating them into the current schedule update.

D. Once agreement has been reached on a TIE, the Contract Times will be adjusted accordingly. If agreement is not reached on a TIE, the Contract Times may be extended in an amount the Santa Clara County Office of Education allows, and the Contractor may submit a claim for additional time claimed by contractor.

1.7 TIME EXTENSIONS

A. The Contractor is responsible for requesting time extensions for time impacts that, in the opinion of the Contractor, impact the critical path of the current schedule update. Notice of time impacts shall be given in accordance with Article 4 and 8 of the Contract General Conditions (refer to AIA Document A201-1997, included in Part A of this book).

B. Where an event for which the Santa Clara County Office of Education is responsible impacts the projected Substantial Completion date, the Contractor shall provide a written mitigation plan, including a schedule diagram, which explains how (for example, increase crew size, overtime, and so on) the impact can be mitigated. The Contractor shall also include a detailed cost breakdown of the labor, equipment and material the Contractor would expend to mitigate the Santa Clara County Office of Education caused time impact. The Contractor shall submit its mitigation plan to the Santa Clara County Office of Education within fourteen (14) calendar days from the date of discovery of said impact. The Contractor is responsible for the cost to prepare the mitigation plan.

C. Failure to request time, provide TIE, or provide the required mitigation plan will result in Contractor waiving its right to a time extension and cost to mitigate the delay.

D. No time will be granted under this Contract for cumulative effect of changes.

E. The Santa Clara County Office of Education will not be obligated to consider any time extension request unless requirements of Contract Documents are complied with.

F. Failure of the Contractor to perform in accordance with the current schedule update shall not be excused by submittal of time extension requests.

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G. If the Contractor does not submit a TIE within the required fourteen (14) calendar days for any issue, it is mutually agreed that the Contractor does not require a time extension for said issue.

H. Santa Clara County Office of Education will grant day-for-day non-compensable time extensions for delays to the critical path due to inclement weather.

2.0 PRODUCTS


3.0 EXECUTION


END OF SECTION

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SECTION 013300 - SUBMITTAL PROCEDURES

1.0 GENERAL

1.1 SUMMARY

A. This Section describes general requirements for submittals for the work specified in these Contract Documents.

1. Procedures.

2. Safety Plan.

3. Progress Schedule.

4. Shop Drawings.

5. Samples.

6. Quality Control Submittals.

a. Design Data.

b. Test Reports.

c. Certificates.

d. Manufacturers’ Instructions.

7. Operations and Maintenance Manuals.

8. Project Record Documents.



B. Section 012200, Unit Prices: Measurement and Payment

C. Section 012600, Modification Procedures

D. Section 017700, Contract Closeout Procedures

1.3 PROCEDURES

A. Provide at minimum the following quantity of submittals:

1. Five (5) sets of Submittals and Shop Drawings (two sets will be returned to Contractor).

2. Two (2) sets of Operation and Maintenance Manuals.

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B. Submit at own expense Schedule of Shop Drawing and Sample Submittals, Safety Plans, Progress Schedule, Product Data, Shop Drawings, Samples, Operations and Maintenance Manuals, and Project Record Documents required by the Contract Documents.

C. Transmit each item with a standard letter of transmittal in form approved by Architect.

D. Identify project, Contractor, subcontractor, major supplier, pertinent drawing sheet and data number, and specification Section number as appropriate. Provide space for Contractor and Architect review stamps.

E. Where manufacturer's standard drawings or data sheets are used, they shall be marked clearly show those portions of the data which are applicable to this project.

F. Submit Shop Drawings, Samples and other submittals to Architect for review and approval in accordance with accepted Contract Schedule. If no such schedule is agreed upon, then all Shop Drawing, Samples and product data submittals shall be completed within thirty (30) days after receipt of Notice to Proceed from the County.The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Architect the materials and equipment Contractor proposes to provide and to enable Architect to review the information for the limited purposes specified below. Samples shall be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise as Architect may require to enable Architect to review the submittal. The number of each Sample to be submitted will be as specified in the Specifications.

G. At the time of each submission, Contractor shall give Architect specific written notice of all variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, and the reasons therefore. This written notice shall be in a written communication separate from the submittal. In addition, Contractor shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Architect for review and approval of each such variation.If the County accepts deviation, the County shall issue appropriate Contract Modification.

H. Submittal coordination and verification is responsibility of Contractor; this responsibility shall not be delegated in whole or in part to subcontractors or suppliers. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:

a. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto;

b. All materials with respect to intended use, fabrication, shipping, handling, storage assembly and installation pertaining to the performance of the Work;

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c. All information relative to Contractor's sole responsibilities and of means, methods techniques, sequences and procedures of construction and safety precautions and programs incident thereto.

I. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

J. Contractor's submission to Architect of a Shop Drawing or Sample submittal will constitute Contractor's representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above, with respect to Contractor's review and approval of that submittal.

K. Designation of work "by others," if shown in submittals, shall mean that work will be responsibility of Contractor rather than subcontractor or supplier who has prepared submittals.

L. After review by Architect of each of Contractor's submittals, one of set of duplicates of material will be returned to Contractor with actions defined as follows:

1. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown on the submittal.

2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as 1 above, except that minor corrections as noted shall be made by Contractor.

3. AMEND AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by Contractor prior to subsequent review by Architect.

4. REJECTED - RESUBMIT - Submitted material does not conform to Plans and Specifications in major respect, that is, wrong size, model, capacity, or material.

M. It is considered reasonable that Contractor shall make a complete and acceptable submittal at least by second submission. The County reserves the right to deduct monies from payments due Contractor to cover additional costs of Architect's review beyond the second submission. Illegible submittals will be rejected and returned to Contractor for resubmission.

N. Favorable review will not constitute acceptance by the County or Architect of any responsibility for the accuracy, coordination and completeness of the submittals.

O. Accuracy, coordination, and completeness of Submittals shall be sole responsibility of Contractor, including responsibility to back check comments, corrections, and modifications from the County's or Architect's review before fabrications. Submittals may be prepared by Contractor, subcontractors, or suppliers, but Contractor shall

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ascertain that submittals meet requirements of Contract Documents, while conforming to structural space and access conditions at point of installation. Architect's review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Favorable review of submittal, method of work, or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility for errors therein and shall not be regarded as assumption of risks or liability by Architect or the County, or any officer or employee thereof, and Contractor shall have no claim under Contract on account of failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Favorable review shall be considered to mean merely that Project Management or the County has no objection to Contractor using, upon his own full responsibility, plan or method of work proposed, or furnishing materials and equipment proposed.

P. Architect's review will not extend the means, methods, techniques, sequences or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

Q. Submit complete initial submittal for those items where required by individual

specification Sections. Complete submittal shall contain sufficient data to demonstrate that items comply with Specifications, shall meet minimum requirements for submissions cited in technical specifications, shall include motor data and seismic anchorage certifications, where required, and shall include necessary revisions required for equipment other than first named. If Contractor submits incomplete initial submittal, when complete submittal is required, submittal may be returned to Contractor without review.

R. It shall be Contractor's responsibility to copy, conform and distribute reviewed submittals in sufficient numbers for Contractor's files, subcontractors and vendors.

S. After Architect review of submittal, revise and resubmit as required. Identify changes made since previous submittal.

1. Begin no fabrication or work which require submittals until return of submittals not requiring resubmittal.

2. Normally, submittals will be processed and returned to Contractor within [15] working days of receipt.

T. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions.

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1.4 SAFETY PLAN

A. Submit two (2) copies of Safety Plan specific to this Contract to Architect within fifteen (15) calendar days after Start Date of the Contract Times.

B. (1) copy of accepted Safety Plan will be returned to Contractor.

C. No on-site work shall be started until Safety Plan has been reviewed and accepted by Architect and/or Local Building Official. Acceptance of Safety Plan shall not affect Contractor's responsibility for maintaining a safe working place and instituting safety programs in connection with project.

1.5 PROGRESS SCHEDULE

A. See Section 013200, Construction Progress Documentation: Schedules and Reports, for schedule and report requirements.

B. Submit three (3) print copies of schedule at each of the following times:

1. Original CPM (Critical Path Method) Schedule within thirty (30) days of the Notice to Proceed.

2. Adjustments to the CPM Schedule as required.

3. CPM Schedule updates monthly, five (5) days prior to monthly progress meeting.

C. Progress Schedules and Reports shall be submitted on floppy disks in addition to hard copies specified above.

1.6 SHOP DRAWINGS

A. Minimum Sheet Size: 8-1/2 inches by 11 inches. All others: Multiples of 8-1/2 inches by 11 inches, 34 inches by 44 inches maximum.

B. For 8-1/2 inch by 11 inch and 11 inch by 17 inch sheets, submit number of copies which Contractor requires, plus [3] copies which will be retained by Architect.

C. For 17 inch by 22 inch through 34 inch by 44 inch sheets, submit 1 reproducible transparency and [3] prints. After review, reproduce and distribute.

D. Original sheet or reproducible transparency will be marked with Architect's review comments and returned to Contractor.

E. Mark each copy to identify applicable Products, models, options, and other data; supplement manufacturers' standard data to provide information unique to Work.

F. Include manufacturers' installation instructions when required by specification Section.

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1.7 SAMPLES

A. Submit full range of manufacturers' standard colors, textures, and patterns for Architect's selection.

B. Submit samples to illustrate functional and aesthetic characteristics of Product, with integral parts and attachment devices. Coordinate submittal of different categories for interfacing work.

C. Include identification on each sample, giving full information.

D. Submit two (2) samples unless otherwise specified. One (1) will be retained.

E. Sizes: Unless otherwise specified, provide the following:

1. Paint Chips: Manufacturers' standard.

2. Flat or Sheet Products: Minimum 6 inches square, maximum 12 inches square.

3. Linear Products: Minimum 6 inches, maximum 12 inches long.

4. Bulk Products: Minimum 1 pint, maximum 1 gallon.

F. Full size samples may be used in Work upon approval.

G. Mock-ups:

1. Erect field samples and mock-ups at Project site in accordance with requirements of specification Sections.

2. Modify or make additional field samples and mock-ups as required to provide appearance and finishes approved by Architect.

3. Approved field samples and mock-ups may be used in Work upon approval.

1.8 QUALITY CONTROL SUBMITTALS

A. Design Data: N/A.

B. Test Reports: Three (3) copies. One (1) copy will be marked with Architect's review comments and returned to Contractor.

1. Indicate that material or product conforms to or exceeds specified requirements.

2. Reports may be from recent or previous tests on material or product, but must be acceptable to Architect. Comply with requirements of each individual specification Section.

C. Certificates: Three (3) copies. One (1) copy will be marked with Architect's review comments and returned to Contractor.

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1. Indicate that material or product conforms to or exceeds specified requirements.

2. Submit supporting reference data, affidavits, and certifications as appropriate.

3. Certificates may be recent or from previous test results on material or product, but must be acceptable to Architect.

D. Manufacturers' Instructions: Three (3) copies. One (1) copy will be marked with Architect's review comments and returned to Contractor.

1. Include manufacturer's printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing.

2. Identify conflicts between manufacturer's instructions and Contract Documents.

1.9 OPERATIONS AND MAINTENANCE MANUALS

A. Submit 2 copies of manufacturers' operations and maintenance manuals. If necessary, both copies will be marked with Architect's review comments and returned to Contractor for correction until satisfactory information is provided. The County will retain satisfactorily corrected manuals for its own use.

B. Operations and maintenance manuals shall include the following as appropriate:

1. Operating instructions.

2. Preventive maintenance instructions.

3. Cleaning instructions.

4. Safety precautions.

5. Trouble shooting procedures.

6. Theory of operation to discrete component level.

7. Schematic diagrams, flow diagrams, wiring diagrams, logic diagrams, and so on, to discrete component level.

8. Parts lists showing all discrete components with part number, current prices and availability.

9. List of replaceable supplies; paper, ink, ribbon, etc. with part numbers, current prices and availability.

10. Recommended levels of spare parts and supplies to keep on hand.

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11. Manufacturers' service and maintenance technical manuals.

12. Names, addresses and telephone numbers of service and repair firms for the equipment.

C. Manuals shall be the same as are used by manufacturers' authorized technicians to completely service and repair the equipment.

1.10 PROJECT RECORD DOCUMENTS

A. Submit one copy of each of the Project Record Documents listed in Section 017700, Contract Closeout Procedures.

1.11 DELAY OF SUBMITTALS

A. Delay of submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of late submittals will be assessed to Contractor.

2.0 PRODUCTS


3.0 EXECUTION


END OF SECTION

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SECTION 015639 – TEMPORARY TREE AND PLANT PROTECTION

1.0 GENERAL

1.1 SUMMARY

A. This Section includes all labor, materials, equipment, operations, or methods listed, mentioned or scheduled on the Drawings and/or herein specified, including all incidentals necessary and required for completion of work under this Section.

B. Provide the following services:

1. TREE PROTECTION

2. TREE IDENTIFICATION

3. TRIMMING TREE LIMBS AND BRANCHES

4. ROOT PRUNING

5. RAISING FRINGE OF TREES

6. GRADING AROUND TREES

7. INCIDENTAL EXTRA WORK

8. DEBRIS REMOVAL

9. PROTECTIVE CHAIN-LINK FENCE RELOCATION OR REMOVAL



B. Division 31 - Earthwork C. Division 32 – Exterior Improvements

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1.2 QUALITY ASSURANCE

A. Standards of workmanship shall conform to those recommended by:

1. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI), SECTION 133.1, "TREE TRIMMING AND REMOVAL."

2. INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA)

3. NATIONAL ARBORIST ASSOCIATION

1.3 PROJECT CONDITIONS

A. Visit Project site and determine conditions under which work will be performed.

B. Do not begin work until meeting with the County's Representative on the Project site to confirm tree locations and work to be performed.

C. Protection: Provide adequate protection of existing trees against damage from construction operations.

1. INSTALL BARRICADES FOR ALL TREES, A 6 FOOT HIGH CHAIN-LINK FENCE. LOCATE FENCE AT OR BEYOND TREE DRIP LINES (OUTSIDE EDGE OF TREE BRANCHING).

2. ESPECIALLY PROTECT ROOTS, TRUNK, AND FOLIAGE OF EXISTING TREES.

3. DO NOT PERMIT THE FOLLOWING:

a. Using trees as support posts, power poles, sign posts, or anchorage for ropes, guy wires and power lines or other similar functions.

b. Poisoning items by disposing of paint, petroleum products, dirty water or other deleterious materials on or around trees.

c. Compaction of tree root area by moving trucks, grading, machines, storage of equipment, gravel, earthfill, supplies, etc.; within the tree drip line (outside edge of tree branching).

d. Damage to trunk or limbs caused by maneuvering vehicles or stacking material and equipment too close to them.

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D. Compensation for planting loss: Any tree to remain that is damaged or destroyed due to the Contractor's negligence or failure to provide adequate protection shall be compensated for in accordance with the following schedule of values, using "tree-caliper" method (greatest trunk diameter measured 30-inches above ground):

1. FOR TREES OR SHRUBS WITH DIAMETERS UP TO AND INCLUDING 6 INCHES, ACTUAL COST OF REPLACEMENT WITH ITEMS SIMILAR IN SPECIES, SIZE AND SHAPE, INCLUDING:

a. Actual cost of item boxed out of ground.

b. Transportation or delivery of boxed item to the Project site.

c. Planting and staking.

d. Maintenance in watering, fertilizing, pruning, pest control and other care to bring replacement to same general conditions as original item.

2. FOR TRUNKS UP TO:

Size (in inches) $ Amount 7 1,200.00 8 1,700.00 9 2,200.00 10 2,600.00 11 3,100.00 12 3,600.00 13 4,100.00 14 4,600.00 15 5,000.00 16 5,500.00 17 6,000.00 18 and over, add for each caliper inch: 600

1.4 MATERIALS

A. Tree wound Dressing: Prior to any application, the County's Representative shall approve material and application.

B. Protective fencing: 6 foot high galvanized chain link. Refer to Section 323113, Chain Link Fences and Gates.

1.5 TREE IDENTIFICATION

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A. Identification of trees to be removed or to remain, that have not been so marked on the drawings, is subject to the County's Representative approval.

B. No trees are to be removed without prior approval of the County's Representative.

1.6 TRIMMING TREES

A. No limbs are to be removed without prior approval of the County's Representative.

B. Notify the County's Representative when a tree limb is in conflict with the construction.

C. "Trim" shall be interpreted as follows:

1. REMOVAL OF DEAD BRANCHES 1/4 INCH AND OVER IN DIAMETER.

2. REMOVAL OF ALL DEAD AND LIVE STUBS 1/4 INCH AND OVER IN DIAMETER.

3. REMOVAL OF ALL BROKEN BRANCHES, ALL LOOSE BRANCHES AND OTHER DEBRIS LODGED IN TREES.

4. REMOVAL OF UNDESIRABLE SUCKER GROWTH.

5. REMOVAL OF ALL LIVE BRANCHES WHICH INTERFERE WITH THE TREE'S STRUCTURAL STRENGTH AND HEALTHFUL DEVELOPMENT. THESE INCLUDE:

a. Limbs which rub and abrade a more important branch.

b. Limbs of weak structure which are not important to the frame work of the tree.

c. Limbs with twigs and foliage obstructing development of more important branches.

d. Limbs near the end of limbs which produce more weight than the limb is likely to support.

1.7 ROOT PRUNING

A. Avoid root cutting to prevent disruption of the trees water and nutrient carrying capacity and the natural stability based on balance of radial or sinker root system.

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B. Notify the County’s Representative if root cutting becomes necessary.

C. Avoid tearing or ripping tree roots due to excavation activities.

1. WHERE ROOT CUTTING IS NECESSARY, NO ROOTS ARE TO BE CUT WITHOUT PRIOR APPROVAL OF THE COUNTY'S REPRESENTATIVE.

2. WHERE ROOT CUTTING BECOMES NECESSARY, ALL ROOTS ARE TO BE CLEAN CUT WITH A SAW, LOPPING SHEARS OR PROPER TREE PRUNING DEVICE. UNDER NO CIRCUMSTANCE ARE TREE ROOTS TO BE LEFT SPLINTERED OR THE ENDS SHREDDED.

1.8 REMOVING TREES

A. No trees are to be removed without prior approval of the County's Representative.

B. "Removing Trees" shall be interpreted as removing tree to the ground level and reducing the stump two (2) feet below grade, using a suitable mechanical stump chipper. In order to prevent damage to root systems of remaining adjacent trees, use of a tractor for reduction of stumpage will not be permitted. Trees which are to be removed are indicated on the drawings.

1.9 RAISING SOIL LEVEL

A. Soil placed on the surface around existing trees can create problems involving gaseous exchange in the root zone, crown rot and soil moisture. Soil aeration is a critical factor. Notify the County's Representative of any soil work under trees or adjacent to tree drip lines (outer edge of tree branching).

1.10 LOWERING SOIL LEVEL

A. Removing soil from under a tree canopy can seriously damage roots and may even impair the stability of the tree, Notify the County's Representative of any soil work under a tree.

1.11 DEBRIS REMOVAL

A. Dispose of all fallen debris present around trees subject to work under this Section. All wood and debris resulting from the Contractor's operations shall become the property of the Contractor and shall be disposed of by the Contractor off the County property.

1.12 TREE PROTECTIVE FENCING

A. Provide fencing as indicated on the drawings and as called out for in this Section.

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B. Install protective fencing and plywood protection adjacent to tree areas and utilities installation areas prior to commencing work in these locations.

C. Relocation of protective fencing as a sequence of construction, requires no additional cost to the County.

END OF SECTION

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SECTION 017400 - CONSTRUCTION CLEANING & WASTE MANAGEMENT

1.0 GENERAL

1.1 SUMMARY

A. This Section includes the following:

1. Waste Management Goals

2. Waste Management Plans

3. Waste Management Plan Implementation

4. Special Programs



B. Section 013119, Project Meetings

C. Section 013300, Submittals

D. Section 017700, Contract Closeout Procedures

E. Division 31 – Earthwork

1.3 REFERENCES

A. City of San Jose Certified Recycling Facilities List available at www.sjrecycles.org/business/cddd.htm.

1.4 DEFINITIONS

A. Construction and Demolition Waste: Solid wastes such as building materials, packaging and rubble resulting from construction, remodeling, demolition and repair of buildings/facilities, paving and infrastructure.

B. Recyclable Materials: Products and materials that can be recovered and manufactured into new products. Recyclable materials include, but are not limited to, the following:

1. Asphaltic paving

2. Portland cement concrete

3. Brick and masonry

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http://www.sjrecycles.org/business/cddd.htm



4. Land-clearing debris

5. Native rock and granular fill

6. Wood products

7. Ferrous materials

8. Non-Ferrous metals including copper and aluminum

9. Mechanical and electrical products and equipment

10. Gypsum products

11. Acoustical ceiling tile

12. Cardboard and plastic film

13. Office recycling, including paper, glass, plastic and cans

14. Carpet and padding

15. Oil used for equipment

16. Fluorescent lights and ballasts

17. Batteries

C. Recycling Facility: A business that specializes in collecting, handling, processing, distributing, or remanufacturing waste materials, generated by demolition and new construction projects, into products or materials that can be used for this project or by others.

1. Source: South Valley Disposal, 408-842-3358.

D. Trash: Product or material unable to be salvaged for resale, salvaged and reused, returned, or recycled.

E. Waste Materials: Product or material that can be salvaged for resale, salvaged and reused, returned to vendors, or recycled.

1.5 PERFORMANCE REQUIREMENT

A. The Contractor shall use all means available to divert at least 75% construction and demolition waste from landfills.

1.6 CONSTRUCTION WASTE MANAGEMENT OPERATIONS

A. Take a proactive, responsible role in management of construction waste and require all subcontractors, vendors and suppliers to participate in the effort. Establish a construction waste management program that includes the following categories:

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1. Waste prevention including minimizing packaging waste

2. Salvage and reuse

3. Salvage for resale and donation

4. Recycling

5. Disposal

B. Encourage waste prevention practices as an efficient waste management strategy when sizing, cutting, and installing products and materials. Salvage and reuse is a better waste management method than recycling because little or no reprocessing is necessary; less pollution is created when items are reused in their original form. Therefore a diligent effort shall be made to salvage and reuse product and materials. Waste materials that cannot be salvaged and reused yet have value as recyclables, shall be recycled. Only trash shall be transported to a landfill.

1.7 CONSTRUCTION WASTE MANAGEMENT PLAN

A. Perform a waste analysis to determine the types and quantity of construction waste anticipated and identify salvage for resale, salvage and reuse, recycling, and disposal options available. Within 10 days after contract award and prior to performing any demolition work, submit a Waste Management Plan for review and approval. The Waste Management Plan shall include the following:

1. Waste Materials: A list of waste materials that will be salvaged for resale, salvaged and reused, and recycled. A list to address packaging materials including banding, crates, pallets, plastic film, polystyrene and cardboard (packaging waste consumes 15% of the waste stream).

2. Haulers: Name, address and phone number for each hauler providing service.

3. Facilities: Identification of each recycling facility to be utilized.

4. Separation and Protection: Description of the method to be employed in handling waste materials and description of the method that will be used to protect recycled materials from contamination.

5. Transportation: Description of the means of transportation of waste materials and the destination of the materials.

6. Subcontractor Participation: A description of requirements for subcontractors to adhere to that includes waste prevent measures such as salvage for resale or reuse and recycling for the waste materials generated by each subcontractor’s scope of work, including packaging and shipping materials.

7. Meetings: A description of the regular meetings held in which waste management will be addressed. Refer to Section 013119, Project Meetings.

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2.0 PRODUCTS

Not Used.

3.0 EXECUTION

3.1 PROGRAM IMPLEMENTATION AND MONITORING

A. Implement and maintain, for the duration of the project, the construction waste management program.

1. Manager: The Contractor shall designate an onsite party (or parties) responsible for instructing workers and overseeing and documenting results of the Waste Management Plan for the Project.

2. Distribution: The Contractor shall distribute copies of the Waste Management Plan to the Contractor, each Subcontractor, the County, and Architect.

3. Instruction: The Contractor shall provide onsite instruction of appropriate separating, handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project.

4. Separation Facilities: The Contractor shall lay out and label a specific area to facilitate separation of materials for potential recycling, salvage, reuse, and return. Provide a site map that calls out areas identified. Provide the necessary containers and bins to facilitate the waste management program. Recycling and waste bin areas are to be kept neat and clean and clearly marked in order to avoid contamination of materials. Separate construction waste at the project site by one of the following methods:

a. Source Separated Method: Waste products and materials that are recyclable are separated from trash and sorted into appropriately marked separate containers and then transported to the respective recycling facility for further processing. Trash is transported to a landfill.

b. Co-Mingled Method: Selected waste materials are placed into a single container and then transported to a recycling facility where the recyclable materials are sorted and processed and the remaining trash and waste materials are handled separately.

c. Other methods proposed by the Contractor and approved by the Contracting Officer.

END OF SECTION

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SECTION 017700 - CONTRACT CLOSEOUT PROCEDURES

1.0 GENERAL

1.1 SUMMARY

A. This Section describes contract closeout procedures including:

1. Removal of temporary construction facilities.

2. Substantial completion.

3. Final completion.

4. Completion of DSA form DSA-6 and all DSA-related Change Orders.

5. Final cleaning.

6. Project record documents.

7. Material, equipment and finish data.

8. Project guarantee

9. Warranties

10. Turn-in.

11. Release of claims.

12. Guaranty and Maintenance Bonds

1.2 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES

A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion Inspection.

B. Clean and repair damage caused by installation or use of temporary facilities.

C. Restore permanent facilities used during construction to specified condition.

1.3 SUBSTANTIAL COMPLETION

A. When Contractor considers Work or designated portion thereof is substantially complete, submit written notice, with list of items to be completed or corrected.

B. Within reasonable time, Architect will inspect to determine status of completion.

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C. Should Architect determine that Work is not substantially complete, Architect will promptly notify Contractor in writing, listing all defects and omissions.

D. Remedy deficiencies and send a second written notice of substantial completion. Architect will reinspect the Work.

E. When Architect determines that Work is substantially complete, Architect will issue a Certificate of Substantial Completion.

F. Manufactured units, equipment and systems which require startup must have been started up and run for periods prescribed by Architect before a Certificate of Substantial Completion will be issued.

1.4 FINAL COMPLETION

A. When Contractor considers Work is complete, submit written certification that:

1. Contractor has inspected Work for compliance with Contract Documents.

2. Work, except for Contractor maintenance after Final Acceptance, has been completed in accordance with Contract Documents and deficiencies listed with Certificate of Substantial

3. Completion has been corrected.

4. Work is complete and ready for final inspection.

B. In addition to submittals required by conditions of Contract, provide submittals required by governing authorities and submit final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.

C. When Architect finds Work is acceptable and final submittal is complete, Architect will issue final change order reflecting approved adjustments to Contract Sum not previously made by Change Order.

1.5 FINAL CLEANING

A. Execute final cleaning prior to final inspection.

B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

1. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical equipment operated during construction, clean ducts, blowers and coils of units operated without filters during construction.

2. Employ skilled workers for final cleaning.C. Clean Site; mechanically sweep paved areas.

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D. Remove waste and surplus materials, rubbish, and construction facilities from Site.

1.6 PROJECT GUARANTEE

A. Requirements for Contractor's guarantee of completed Work are included in Article 3.5 Warranty from General Conditions of the Contract for Construction, AIA Document A201-1997 (included in Part A of this book). Contractor shall guarantee Work done under Contract against failures, leaks or breaks or other unsatisfactory conditions due to defective equipment, materials or workmanship, and perform repair work or replacement required, at Contractor's sole expense, for period of [1] year from date of Final Acceptance, as required by Article 3.5.

B. Neither recordation of final acceptance nor final certificate for payment nor provision of the Contract nor partial or entire use or occupancy of premises by Santa Clara County Office of Education shall constitute acceptance of Work not done in accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

C. Santa Clara County Office of Education may make repairs to defective Work as set forth in Article 3.5 Warranty from General Conditions of the Contract for Construction, AIA Document A201-1997 (included in Part A of this book), if, within 5 working days after mailing of written notice of defective work to Contractor or authorized agent, Contractor shall neglect to make or undertake with due diligence repairs; provided, however, that in case of leak or emergency where, in opinion of Santa Clara County Office of Education, delay would cause hazard to health or serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay cost thereof.

D. If, after installation, operation or use of materials or equipment to be furnished under Contract proves to be unsatisfactory to Architect, Santa Clara County Office of Education shall have right to operate and use materials or equipment until it can, without damage to Santa Clara County Office of Education, be taken out of service for correction or replacement. Period of use of defective materials or equipment pending correction or replacement shall in no way decrease guarantee period required for acceptable corrected or replaced items of materials or equipment.

E. Nothing in this Section shall be construed to limit, relieve or release Contractor's, subcontractors' and equipment suppliers' liability to Santa Clara County Office of Education for damages sustained as result of latent defects in equipment caused by negligence of suppliers' agents, employees or subcontractors. Stated in another manner, warranty contained in the Contract Documents shall not amount to, nor shall it be deemed to be, waiver by Santa Clara County Office of Education of any rights or remedies (or time limits in which to enforce such rights or remedies) it may have for defective workmanship or defective materials under laws of this State pertaining to acts of negligence.

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1.7 WARRANTIES AND BONDS

A. Execute Contractor's submittals and assemble documents executed by subcontractors, suppliers, and manufacturers.

1. Provide table of contents and assemble in 8-1/2 inches by 11 inches three-ring binder with durable plastic cover.

2. Assemble in Specification Section order.

B. Submit material prior to final application for payment.

1. For equipment put into use with Santa Clara County Office of Education's permission during construction, submit within ten (10) working days after first operation.

2. For items of Work delayed materially beyond Date of Substantial Completion, provide updated submittal within ten (10) working days after acceptance, listing date of acceptance as start of warranty period.

C. Warranties are intended to protect Santa Clara County Office of Education against failure of work and against deficient, defective and faulty materials and workmanship, regardless of sources.

D. Limitations: Warranties are not intended to cover failures which result from the following:

1. Unusual or abnormal phenomena of the elements.

2. Vandalism after substantial completion.

3. Insurrection or acts of aggression including war.

E. Related Damages and Losses: Remove and replace Work which is damaged as result of defective Work, or which must be removed and replaced to provide access for correction of warranted Work.

F. Warranty Reinstatement: After correction of warranted Work, reinstate warranty for corrected Work to date of original warranty expiration or to a date not less than 365 days after corrected Work was done, whichever is later.

G. Replacement Cost: Replace or restore failing warranted items without regard to anticipated useful service lives.

H. Warranty Forms: Submit drafts to Architect for approval prior to execution. Forms shall not detract from or confuse requirements or interpretations of Contract Documents.

1. Warranty shall be countersigned by manufacturers.

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2. Where specified, warranty shall be countersigned by subcontractors and installers.

I. Rejection of Warranties: Santa Clara County Office of Education reserves right to reject unsolicited and coincidental product warranties which detract from or confuse requirements or interpretations of Contract Documents.

J. Term of Warranties: For materials, equipment, systems and workmanship warranty period shall be two (2) years minimum from date of substantial completion of entire Work except where:

1. Detailed specifications for certain materials, equipment or systems require longer warranty periods.

2. Materials, equipment or systems are put into beneficial use of Santa Clara County Office of Education prior to Substantial Completion as agreed to in writing by Architect.

K. Warranty of Title: No material, supplies, or equipment for Work under Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in Work and agrees upon completion of all work to deliver premises, together with improvements and appurtenances constructed or placed thereon by Contractor, to Santa Clara County Office of Education free from any claim, liens, security interest, or charges, and further agrees that neither Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by Contract shall have right to lien upon premises or improvement or appurtenances thereon. Nothing contained in this Paragraph, however, shall defeat or impair right of persons furnishing materials or labor under bond given by Contractor for their protection or any rights under law permitting persons to look to funds due Contractor in hands of Santa Clara County Office of Education.

1.8 TURN-IN

A. Contract will not be closed out and final payment will not be made until all personnel Identification Media, vehicle permits and keys issued to Contractor during prosecution of Work are turned in to Santa Clara County Office of Education.

2.0 PRODUCTS


3.0 EXECUTION


END OF SECTION

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SECTION 018119 - CONSTRUCTION INDOOR AIR QUALITY MANAGEMENT

1.0 GENERAL

1.1 SUMMARY

A. This Section includes procedures for achieving an environmentally conscious Work Product. The Contractor shall:

1. Prepare a Construction Indoor Air Quality Management Plan (IAQ) in accordance with this Section (refer to parts 1.2 and 1.3 below).

2. Adhere to the methods and procedures outlined in the Construction IAQ during construction and closeout.

3. Document compliance with the Construction IAQ during construction.

4. Submit certification to the County at closeout demonstrating compliance with the Construction IAQ requirements.

1.2 SPECIAL SUBMITTAL REQUIREMENTS

A. Revise and resubmit IAQ as required by the County or Architect.

1. Approval of the Contractor’s Environmental Procedures Compliance plans will not relieve the Contractor of responsibility for adequate and continuing control of pollutants and other environmental protection measures required by Federal, state, county or local agencies.

1.3 PROVIDE A CONSTRUCTION IAQ MANAGEMENT PLAN THAT INCLUDES:

A. Procedures for protection and remediation plans for damaged absorptive materials.

B. Training sessions for all contractors and subcontractors that they understand and agree to comply with the Construction IAQ Management Plan requirements.

1. Schedule and sequence of events for HVAC system installation/startup, application of interior coatings and finishes, and installation of building furnishings.

2.0 PRODUCTS

A. Not Applicable to this Section.

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3.0 EXECUTION

3.1 DURING CONSTRUCTION THE CONTRACTOR SHALL:

A. Meet or exceed the applicable minimum requirements of the SMACNA and the IAQ Guidelines for Occupied Buildings Under Construction, 1995, Chapter 3, for the items listed below which the contractor shall supply during construction:

1. Not Applicable to this section.

2. Source Control:

a. Protect stored onsite or installed absorptive or porous materials including, but not limited to, batt insulation, drywall, and carpeting from exposure to moisture.

b. Do not use moisture-damaged porous materials in the building.

c. Provide adequate ventilation of packaged dry products prior to installation to allow for gassing of volatile organic compounds (VOCs). Remove from packaging and ventilate in a a secure, dry, well-ventilated space free from strong contaminant sources and residues. Provide a temperature range of 60 degrees F minimum to 90 degrees F maximum continuously during the ventilation period. Do not ventilate within limits of Work unless otherwise approved by the Architect.

3. Housekeeping:

a. Minimize accumulation of dust fumes, vapors, or gases in the building.

b. Suppress dust with wetting agents or a sweeping compound.

c. Clean up dust using a wet rag or damp mop.

d. Increase the cleaning frequency when dust buildup is noted.

e. Remove spills or excess applications of solvent-containing products as soon as possible.

f. Remove accumulated water and keep work areas as dry as possible.

g. Vacuum using HEPA-filtered vacuum cleaners.

h. Store volatile liquids, including fuels and solvents, in closed containers and outside of the building when not in use.

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i. Keep volatile liquid containers closed when the container is inside of the building and not in use.

4. Scheduling:

a. Develop schedule for application of interior finishes including time frames for the application of wet materials onto dry materials, dry materials onto wet materials, and expected curing times for applied wet materials.

b. Schedule application of wet material floor coverings, wall coverings, and other porous finish materials after activation of building HVAC and exhaust systems.

c. Wet materials include all paints, adhesives, sealants, coatings, finishes and spray-applied materials.

d. Insure that all wet applied interior finish materials are properly and fully cured before installing other finish materials over them.

e. Install carpets and furnishings after all other interior finish materials have been applied and fully cured.

f. Provide sufficient ventilation to properly cure materials.

g. Provide sufficient ventilation, air circulation and air changes to dissipate excess humidity when present. Relative humidity shall not be allowed to exceed 40%.

B. Use nontoxic cleaning materials and procedures to avoid the release of toxic fumes and VOCs into finished spaces within the building.

C. Replace all filtration media immediately prior to occupancy.

1. Filtration media shall have a Minimum Efficiency Reporting Valve (MERV) of 13, as determined by ASHRAE 52.2-1999 for media installed at the end of construction.

2. Provide cut sheets of filtration media used during construction and installed prior to occupancy with MERV highlighted.

3. Provide a letter declaring that all filtration media was replaced prior to occupancy.

D. During construction provide photographs of Construction IAQ management measures such as protection of ducts and onsite stored or installed absorptive materials to document compliance with the Construction IAQ management plan.

END OF SECTION

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SECTION 019100 – COMMISSIONING

1.0 GENERAL

1.1 SUMMARY

A. This Section includes all incidentals necessary and required for completion of project Commissioning as specified herein.

B. The commissioning process is intended to verify and ensure that the fundamental building elements and systems are designed, installed and calibrated to operate as intended.

1.2 REQUIREMENTS

A. The Contractor will implement or have a contract in place to implement the following fundamental best practice commissioning procedures:

1. Appoint a commissioning agent or team that does not include individuals directly responsible for project design or construction management. This could be a qualified member of the design firm.

2. Document the design intent and the basis of design documentation. For each commissioned feature or system, and for features or systems that significantly interact with commissioned features, the commissioning agent will develop a written list of the County’s requirements and basis of design.

a. Address the general lighting, indoor environment, energy efficiency, siting and environmental responsiveness of the facility. This document should include performance criteria.

b. The basis of design includes primary assumptions such as occupancy, space and process requirements; applicable codes, policies and standards; load and climatic assumptions that influence design decisions. The document also includes a narrative of the key design concepts and design features aimed at meeting the County's requirements.

3. Create a Commissioning Plan. This document must include the following:

a. A brief overview of the commissioning process.

b. A list of all commissioned features and systems.

c. Identification of primary commissioning participants and their responsibilities.

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d. A description of the management, communication, and reporting of the commissioning plan.

e. An outline of the commissioning process scope including submittal review, observation, startup, testing, training, O&M documentation, and warranty period activities.

f. A list of the expected written work products.

g. An activity schedule.

h. A description of the rigor and scope of testing.

4. Include the Commissioning Requirements in Bid Documents. These should include the following:

a. The scope of commissioning.

b. The features and systems to be commissioned.

c. Requirements for submittal review, inspection, startup, testing, training, O&M documentation, and warranty period activities, commissioning documentation requirements, schedule and rigor and scope of testing.

B. Installation Observation:

1. The Commissioning agent must sufficiently observe installation of each type of commissioned feature and system to ensure that they are properly installed according to the contract documents and manufacturer's instructions, and that other building systems or components are not compromising the performance of the feature.

C. Startup and Checkout:

1. The contractor completes the startup and initial checkout of all items listed in the contract documents. These results must be clearly documented according to the manufacturer's written instruction and the contract documents.

D. Sampling:

1. The commissioning authority applies appropriate sampling techniques to verify that startup and initial checkout of all commissioned equipment is successfully completed:

a. That each control point is commanding, reporting, and controlling according to the intended purpose

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b. That all sensors have been calibrated to ensure that the reported value in the control system represents the actual local value

c. That all actuators have been adjusted to fully close and open dampers and valve

d. And that the reported values in the control system are correct by verifying through visual observation.

E. Functional Testing:

1. Written, repeatable test procedures, prepared specifically for each project must be used to functionally test components and systems.

2. These tests must be documented to clearly describe the individual systematic test procedures, the expected system response or acceptance criteria for each procedure, the actual response or findings, and any pertinent discussion.

3. After the initial checkout has been approved by the Commissioning authority, the modes described in the following paragraphs must be tested:

a. Test each sequence in the sequence of operations and other significant modes:Sequences and control strategies include startup, shutdown, unoccupied and manual modes, modulation up and down the unit's range of capacity, power failure, alarms, component (unit and pump) staging and backup upon failure, interlocks with other equipment, and sensor and actuator calibrations.

b. Test all larger equipment individually. Heating equipment must be tested during the winter and air conditioning equipment must be tested during summer, as appropriate, to demonstrate performance under near-design conditions.

F. Training:

1. The Commissioning agent must assemble written verification that training was conducted for all commissioned features and systems.

2. The training must be performed by qualified individuals for a sufficient duration to ensure that facility staff has all the information needed to optimally operate, maintain, and replace the commissioned features and systems.

G. O&M Manuals:

1. The Commissioning authority must review the O&M manuals for all commissioned features and systems for completeness and applicability.

a. The O&M data shall be bound in labeled binders liberally divided with tabs to provide efficient access.

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b. The manuals will include the following:

1) Name, address and telephone number of the manufacturer or vendor and installing contractor.

2) Submittal data.

3) Operations and maintenance instructions with the model and features for this site clearly marked.

a.) Data requirements include the following:

i.) Instructions for installation, maintenance, replacement, startup, special maintenance and replacement sources.

ii.) A parts list.

iii.) List of special tools.

iv.) Performance data.

v.) Warranty information.

b.) Documentation package on as-built controls including a narrative for normal operation, shutdown, unoccupied operation, seasonal changeover, manual operation, controls setup and programming, troubleshooting, alarms, control drawings and schematics, and final sequences of operation.

H. Commissioning Report:

1. A commissioning report must be presented to the County after all but seasonally-deferred functional testing is complete. The report must include a list of each commissioned feature or system, and the disposition of the commissioning agent regarding the feature or system's compliance with the contract documents.

2. Required components of the report include the following:

a. Meeting Design Intent

b. Meeting Specifications

c. Ensuring Proper Installation

d. Functional Performance and Efficiency

e. O&M Documentation

f. Operator Training

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3. In addition, a written list of all outstanding commissioning issues and any testing that is scheduled for a later date, justified by seasonal conditions, must be included.

4. All outstanding environmentally responsive feature deficiencies must be corrected or listed in the commissioning report.

5. All completed functional tests should be listed in an appendix to the report.

1.3 SYSTEMS TYPICALLY COMMISSIONED

A. Site features that require commissioning include exterior lighting fixtures and systems.

B. Water commissioning includes irrigation systems, plumbing fixtures, and plumbing infrastructure.

C. Energy commissioning covers systems, lighting, energy generation equipment.

D. Commissioning activities that affect indoor environmental quality include temperature and humidity controls, ventilation systems, monitoring equipment, occupant controls, and day lighting systems.

END OF SECTION

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SECTION 068200 - FIBERGLASS REINFORCED PLASTIC PANELS

1.0 GENERAL

1.1 SUMMARY

A. This Section includes all labor, materials, equipment, operations, or methods listed, mentioned or scheduled on the plans and/or herein specified, including all incidentals necessary and required for completion of work under this Section.

B. Provide and install full-height fiberglass reinforced plastic wall panels including fasteners, adhesive and trim as shown on project Drawings.


A. Documents affecting work of this section include, but are not necessarily limited to, General Conditions, Special Conditions and Division 1 of these Contract Documents.

B. Section 092900, Gypsum Board

C. Section 096500, Resilient Flooring

1.3 REFERENCES

A. American Society for Testing and Materials (ASTM):

1. ASTM D2583 - Standard Test Method for Indentation Hardness of Rigid Plastics by Means of a Barcol Impressor.

2. ASTM D5319 - Standard Specification for Glass-Fiber Reinforced Polyester Wall and Ceiling Panels.

3. ASTM E84 - Standard Test Method for Surface Burning Characteristics of Building Materials.

1.4 SUBMITTALS

A. Comply with provisions of Section 013300, Submittal Procedures.

B. Product Data: Submit product data, including manufacturer's product sheets for materials specified in this Section.

C. Shop Drawings: Submit shop drawings showing layout, profiles and product components, including anchorage. Indicate location and dimension of joints and fastener attachments.

D. Samples: Submit samples of manufacturer’s full range of standard colors, textures, and patterns for selection and verification.

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1. Submit 3" ∞ 3" samples of each surface and color required.

2. Submit 3" samples of each trim profile and trim color required.

E. Quality Assurance Submittal: Submit certified test reports showing compliance with specified performance characteristics and physical properties.

1. Certificates: Product certificates signed by manufacturer certifying materials comply with specified performance characteristics, criteria and physical requirements.

2. Manufacturer's Instructions: Manufacturer's installation instructions. Submit manufacturer's Installation Guide #2505.

F. Closeout Submittals: Submit the following:

1. Operation and Maintenance Data: Operation and maintenance data for installed products in accordance with Section 017700, Contract Closeout Procedures. Include methods for maintaining installed products and precautions against cleaning materials and methods detrimental to finishes and performance.


A. Qualifications:

1. Installer Qualifications: Installer should be experienced in performing work of this section and should have specialized in installation of work similar to that required for this project.

2. Manufacturer Qualifications: Manufacturer capable of providing field service representation during construction and capable of approving application method.

B. Mock-Ups: Install at project site a job mock-up using acceptable products and manufacturer-approved installation methods. Obtain County and Architect acceptance of finish color, texture, pattern and workmanship standards.

1. Maintenance: Maintain mock-up during construction for workmanship comparison; remove and legally dispose of mock-up when it is no longer required.

2. Incorporation: Mock-up may be incorporated into final construction upon County’s approval.

C. Source Quality: Obtain materials from a single manufacturer. Provide panels and molding only from manufacturer specified to ensure warranty and color harmonization of accessories.

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1.6 DELIVERY, STORAGE AND HANDLING

A. Ordering: Comply with manufacturer's ordering instructions and lead time requirements to avoid construction delays.

B. Deliver materials in manufacturer's original, unopened, undamaged containers with identification labels intact. Package sheets on skids or pallets for shipment to project site.

C. Store materials protected from exposure to harmful weather conditions and at temperature and humidity conditions recommended by manufacturer.

1. Store products indoors and protect from moisture, construction traffic and damage.

2. Store panels flat on clean, dry surface. Do not stand on edge or stack on fresh concrete or other surfaces that emit moisture.

3. Store panels at least 24 hours with temperature and humidity conditions approximating the average environment of the finished room.

D. Remove foreign matter from face of panel by use of a soft bristle brush, avoiding abrasive action.


A. Environmental Requirements:

1. Installation shall not begin until building is enclosed, permanent heating and cooling equipment is in operation and residual moisture from plaster, concrete or terrazzo work has dissipated.

2. During installation and for not less than 48 hours before, maintain an ambient temperature and relative humidity within limits required by type of adhesive used and recommendation of adhesive manufacturer.

3. Provide ventilation to disperse fumes during application of adhesive as recommended by adhesive manufacturer.

B. Field Measurements: Verify actual measurements/openings by field measurements before fabrication; show recorded measurements on shop drawings. Coordinate field measurements and fabrication schedule with construction progress to avoid construction delays.

C. Extra Materials: Deliver to County extra materials from same production run as products installed. Package products with protective covering and identify with descriptive labels. Comply with Division 1 Closeout Submittals Section.

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1.8 WARRANTY

A. Project Warranty: Refer to Conditions of the Contract for project warranty provisions.

B. Manufacturer's Warranty: Submit, for County's acceptance, manufacturer's standard warranty document executed by authorized company official. Manufacturer's warranty is in addition to, and not a limitation of, other rights County may have under Contract Documents.

2.0 PRODUCTS

2.1 MANUFACTURER

A. Crane Composites, Inc., Channahon, Illinois (Headquarters), 23525 W Eames Channahon, IL 60441, Phone: 1.800.435.0080, 1.815.467.8600. Fax: 1-815.467.8666, www.cranecomposites.com (O.K. approved equal)

2.2 MATERIALS

A. Fiberglass Reinforced Plastic Panels:

1. Moldings: furnished in longest lengths available to minimize joints

a. 0.09" thick

b. Sandstone texture.

2. Colors:

a. Cotton White 1130

3. Size: 48" wide and shall run from cove base to ceiling; refer to Drawings.

4. Rivets: Nonstaining nylon drive rivets shall be used and shall match panel colors and length to suit project conditions.

5. FRP Moldings: Manufacturer standard vinyl molding matching the color of panels. 1-1/2 inch corner moldings and other moldings as indicated from a single production run for uniformity of color.

B. Certification:

a. Class A: Flame spread 25 or less, smoke developed 450 or less per ASTM E84.

b. Meets USDA/FSIS requirements.

c. UL Classified.

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http://www.cranecomposites.com/



C. Accessories:

1. Adhesive: Nontoxic, non-allergenic adhesive recommended by the wall covering manufacturer and meeting Code requirements for flammability and toxicity.

2. Sealant: As specified in Section 079000, Joint Protection: Sealants and Caulking.

3.0 EXECUTION

3.1 EXAMINATION

A. Site Verification of Conditions: Verify that substrate conditions, which have been previously installed under other sections, are acceptable for product installation in accordance with manufacturer's instructions.

B. Examine backup surfaces to determine that corners are plumb and straight, surfaces are smooth, uniform, clean and free from foreign matter, nails are countersunk, and joints and cracks are filled flush and smooth with the adjoining surface.

C. Examine substrates to receive panels to ensure that surfaces are smooth, dry, true and free of dirt and dust.

D. Do not begin installation until backup surfaces are in a satisfactory condition.

3.2 FABRICATION RECOMMENDATIONS

A. Note: Protect eyes with goggles and cover nose and mouth with a filter mask when cutting panels.

B. Hand fabrications: Drilling high-speed drill bit (60 degree cutting angle with 12 degree to 15 degree clearance) or hole saw.

C. Cutting: Sheet metal shears or circular saw with reinforced carborundum or carbidetippped blade.

D. Production fabrications: Use carbide-tipped tools. Straight cuts can be sheared (90 degree cutting edge with 0.002 inch clearance) or sawed. For irregular cuts, use die punch or band saw.

3.3 INSTALLATION

A. Comply with manufacturer’s recommended methods for installation, using manufacturer-approved materials.

B. Cut and drill panels with carbide tipped saw blades or drill bits, or cut with snips.

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C. Install panels with manufacturer's recommended gap for panel field and corner joints.

D. Predrill fastener holes in panels with 1/8 inch oversize.

E. For trowel type and application of adhesive, follow adhesive manufacturer's recommendations.

3.4 FINISHED PANEL QUALITY

A. Panels shall have a wear side with a pebble-like embossed or smooth finish. Color shall be uniform throughout, as specified. The backside shall be smooth. Backside imperfections which do not affect functional properties are not cause for rejection.

3.5 CLEANING

A. Remove temporary coverings and protection of adjacent work areas.

B. Repair or replace any damaged products of this Section.

C. Clean installed products in accordance with manufacturer's instructions prior to County's acceptance.

D. Remove construction debris from project site and legally dispose of debris. Leave site in a neat and clean condition.

E. Remove any adhesive or excessive sealant from panel face using solvent or cleaner recommended by panel manufacturer.

END OF SECTION

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SECTION 081400 - WOOD DOORS

1.0 GENERAL

1.1 SUMMARY


B. Provide and install exterior and interior wood doors required for work of this Section as indicated on the project Drawings.



B. Section 081100, Metal Doors and Frames

C. Section 087100, Door Hardware

D. Section 099100, Painting

1.3 REFERENCES

A. Door and Hardware Institute - Installation Guide for Doors and Hardware

B. Woodwork Institute (WI)

1.4 SUBMITTALS


B. Submit manufacturer’s full range of standard veneer finishes available for selection by the Architect.

C. Submit manufacturer’s lifetime warranty information.

D. Shop Drawings: Submit for door openings, elevations, sizes, types, swings, undercuts, etc.


A. Deliver materials to project site in manufacturer’s protective packaging. Store in a dry area and ensure materials will not come into contact with any form of moisture.

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B. Protection:

1. Use all means necessary to protect wood doors before, during and after installation and to protect the installed work and materials of all other trades.

C. Replacements:

1. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Architect and at no additional cost to the County.


A. Qualifications of Fabrications and Installers:

1. For actual fabrication and installation of wood doors, use only workmen who are thoroughly trained and experienced in the products and the recommended methods for their fabrication and installation.

2. In the acceptance or rejection of wood doors, no allowance will be made for lack of skill on the part of workmen.

B. Codes and Standards:

1. In addition to complying with all pertinent codes and regulations, comply with Manual of Millwork of the Woodwork Institute for the grades specified, except that certification will not be required.

C. Verification of Compliance:

1. The County reserves the right to request and pay for an inspection by a representative of the Woodwork Institute to determine that all work of this Section has been performed in accordance with the referenced standards.

2. In the event such inspection determines that wood doors do not comply with the referenced standards, the Contractor shall pay the costs of the inspection and shall immediately remove the non-complying items and immediately replace them with items complying with the referenced standards and these Specifications, all at no additional cost to the County.

1.8 WARRANTY

A. Manufacturer’s standard warranty - "Full Life of Original Installation," which includes hanging and finishing. Warranty shall cover delamination, warping, bow, cup, and telegraphing of core construction beyond warrant tolerances.

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2.0 PRODUCTS

2.1 MANUFACTURER

A. Marshfield Door Systems, Inc., 1401 East Fourth Street, Marshfield, WI 54449, 1-800-869-3667, www.marshfielddoorsystems.com, or approved equal.

2.2 WOOD DOORS - NON-RATED

2.1 MANUFACTURER

A. Marshfield Door Systems, Inc., 1401 East Fourth Street, Marshfield, WI 54449, 1-800-869-3667, www.marshfielddoorsystems.com, or approved equal.

2.2 WOOD DOORS - NON-RATED

A. DSC-1 Finger-Joint Staved Core Door:

1. Solid 1 3/4", paint grade doors. All door edges shall be factory sealed.

B. Design:

1. Painting: See Section 099100 – Painting

Wood Door ScheduleID Type Size (w x h) Material Finish Lites/Louvers105 1 3′ x 7′ wood stain 6″ x 2′ lite

2.3 FRAMES

A. Refer to Section 081100, Metal Doors and Frames and project Drawings for frame detail.

2.4 OTHER MATERIALS

A. All other materials such as shims and bracing, not specifically described but required for a complete and proper installation of wood doors shall be as selected by the Contractor and will be subject to approval of the Architect.

3.0 EXECUTION

3.1 FABRICATION

A. Wood doors shall be fabricated in strict accordance with the original design, the referenced standards, and the approved Shop Drawings.

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3.2 EXAMINATION

A. Surface Conditions:

1. Prior to installation of the work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to point where this installation may properly commence.

a. Verify that substrate opening conditions and opening sizes and tolerances are acceptable and ready to receive work of this Section.

2. Do not install doors in frame openings that are not plumb or are out of tolerance for size or alignment.

3.3 INSTALLATION

A. Install doors in accordance with manufacturer’s recommended methods of installation.

B. Doors shall be installed plumb and true.

C. Frames shall be rigid and securely anchored in place.

D. Exercise caution when drilling pilot holes and installing hinges so that pilot holes are not over-drilled and screws are not over-torqued.

3.4 ADJUSTING AND CLEAN UP

A. Adjust doors for smooth and balanced door movement.

B. Upon completion, clean the work of this Section in accordance with recommendations of the manufacturers of the materials used.

C. Provide required protection of product to prevent damage and wear prior to acceptance of the work by the County.

3.5 WARRANTY

A. The product delivered shall be free from defects.

B. Manufacturer’s standard performance warranty, as available for specified installation and environmental conditions.

END OF SECTION

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SECTION 087100 - DOOR HARDWARE

1.0 GENERAL

1.1 SUMMARY


B. Provide and install all door hardware and accessories as specified herein and as shown on Drawings, including all other finish hardware not described but required for a complete and operable facility.

1. “Hardware groups” have been assigned to the various doors required for this work, as indicated in the Door Schedule on the Drawings. The hardware groups are described in detail in the “Hardware Schedule," Section 3.2 A and B of this Section.



B. Section 081100, Metal Doors and Frames

C. Section 081400, Wood Doors

D. Section 084113, Aluminum-Framed Entrances and Storefronts

E. Section 323100, Fences and Gates: Ornamental Metal Fence System

F. Section 323113, Chain Link Fences and Gates

1.3 REFERENCES

A. Underwriters Laboratories, Inc (UL):

1. UL 10B - UL Standard for Safety Fire Tests of Door Assemblies

B. Warnock Hersey - Intertek Testing Services

C. National Fire Protection Association (NFPA):

1. NFPA 80 - Standard for Fire Doors and Other Opening Protectives

2. NFPA 101 - Life Safety Code159



D. Door and Hardware Institute - Installation Guide for Doors and Hardware


A. Qualifications of Supplier:

1. A recognized architectural door and finish hardware supplier shall be a direct factory contract supplier, with warehousing facilities within the project’s vicinity that has a record of successful in-service performance for a period of no less than 5 years. The firm shall have in their employment a certified Architectural Hardware Consultant (AHC) who is available at all reasonable times during the course of the work and for project hardware consultation at no additional cost to the County, Architect or Contractor.

a. The supplier shall be an authorized factory distributor of the keying system specified herein.

b. The supplier is required to meet with the County to finalize keying requirements and to obtain final instructions in writing.

2. All devices shall conform with the CCR, Title 24 and the CBC, 2001 in addition to the requirements of the Division of the State Architect (DSA) in Chapters 10 and 11, and applicable NFPA regulations.

1.5 SUBMITTALS


B. Materials List:

1. Within 15 days after award of Contract, and before any finish hardware is ordered or purchased for this work, submit to the Architect for approval a complete list of all finish hardware proposed to be furnished for this work, giving manufacturer's name and catalog number for each item.

2. This shall in no way be construed as permitting substitution of items for the items specified.


A. Delivery:

1. Deliver all finish hardware to the job site with all labels intact and legible.

B. Packaging:

1. Furnish all finish hardware with each unit marked or numbered in accordance with the Hardware schedule.

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2. Pack each item complete with all necessary pieces and fasteners.

3. Properly wrap and cushion each item to prevent scratches during delivery and storage.

C. Protection:

1. Use all means necessary to protect materials before, during and after installation and to protect the installed work and materials of other trades.

D. Replacement:

1. In the event of damage, immediately make all repairs and replacements necessary for the approval of the Architect and at no additional cost to the County.

2.0 PRODUCTS

2.1 MANUFACTURERS

A. See Part 3.2A of this Section for full list of specified manufacturers.

2.2 FASTENINGS

A. Furnish all finish hardware with all necessary screws, bolts, and other fasteners of suitable size and type to anchor the hardware in position for long life under hard use.

B. Furnish fastenings where necessary with expansion shields, toggle bolts, hex bolts, and other anchors approved by the Architect, according to the material to which the hardware is to be applied and the recommendation of the hardware manufacturer.

C. When flush bolts occur in path of travel, provide accessible flush bolt (automatic).

D. Door closer shall comply with ADA 4.13.10, closer delay time. Maximum closer-effort: 5 pounds exterior doors, 5 pounds interior doors, minimum effort to latch door and 3 seconds minimum sweep period..

E. The Authority Having Jurisdiction may increase the maximum effort to operate fire doors to achieve positive latching, but not to exceed 15 lbs max.

F. All fastenings shall harmonize with the hardware as to material and finish.

2.3 DOOR HARDWARE REQUIREMENTS

A. Refer to 3.2A & B of this Section for Schedule.

B. Thresholds in the path of travel shall conform with 1133B.2.4.1

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C. Hand-activated hardware, including lever-type hardware, panic bars, push-pull activating, shall be between 30" to 44" AFF.

D. Lever handle for thumb turn dead bolt per 1133B.2.5.2.

E. Maximum effort to operate doors where door closers are used are 5 lb Max. for interior and exterior doors.

F. Maximum effort to unlatch panic hardware must be 15 lb. in direction of travel, and may be increased by the Authority Having Jurisdiction in order to provide positive latching.

3.0 EXECUTION

3.1 INSTALLATION

A. Install the work of this Section in strict accordance with the manufacturer's recommendations as approved by the Architect, anchoring all components firmly into position for long life under hard use.

B. Doorstops must be mounted within 4-inches of wall in path of travel.

C. Kick plates shall be mounted on both sides of doors that require kick plate, unless otherwise noted on the Drawings.

3.2 HARDWARE SCHEDULE

A. Manufacturer’s Symbols: ST STANLEY HINGESIVE IVES FLUSH BOLTS, KICK PLATES, DOOR

STOPS GLY GLYNN JOHNSON OVER HEAD STOPS/HOLDERSLCN LCN CLOSERSPE PEMKO THRESHOLDSCH SCHLAGE LOCKSETSVON VON DUPRIN PANIC HARDWAREKA KANT SLAM GATE CLOSERTOR TORMAX SWING DOOR OPERATOR

B. Finish Hardware Groups:

1. General:

a. Finish throughout shall be Satin Chromium Plated 626/US26D

b. Locksets shall be D-Series – Sparta Lever (SCH #SPA)

c. Hinges shall be 4-1/2" x 4-1/2" CB 1907/1909xNPR 1-1/12" pair U.N.O.

d. Kick Plates shall be 12" x 34" unless otherwise noted.

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2. Hardware Groups:

a. Group A (101A,102A) Mechanical:Hinges (ST)Storeroom Lockset (SCH #ND96PD)Dummy Trim (SCH #ND170)Weatherstripping (PE #303)Threshold (PE #272A)Flush Bolt (IVE)Crash Chains

b. Group B (105) Single:Door Stop (IVE #FS43)Hinges (ST) Faculty Restroom Lock (SCH #ND85PD)

c. Group C (107A, 125A) Exterior Classroom Doors:Closer (LCN #4111 EDA)Door Stop (IVE #FS43)Door Shoes (PE #211)Hinges (ST)Classroom Security Lockset (SCH #ND95PD)Threshold (PE #272A)

3.3 KEYING

A. Construction Keying:

1. Construction key all locks; provide six construction keys and one extractor key.

B. Final Keying System:

1. All locks keyed per County’s instructions.

C. Deliver all keys to the County.

3.4 CLEANING

A. Upon completion, clean the work of this Section in accordance with recommendations of the manufacturers of the materials used.

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B. Provide required protection of products to prevent damage and wear prior to acceptance of the work by the County.

3.5 WARRANTY

A. The products delivered shall be free from defects.


END OF SECTION

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SECTION 092900 - GYPSUM BOARD

1.0 GENERAL

1.1 SUMMARY


B. Provide and install gypsum board as indicated on the Drawings:

1. Standard, abuse-resistant and moisture-resistant, including all joint treatment products, accessories, and trim materials required for completion of work.



B. Section 061000, Rough Carpentry

C. Section 083100, Access Doors and Panels

D. Section 097216, Tackable Vinyl-Coated Fabric Wall Covering

E. Section 099100, Painting

F. Section 102613, Corner Guards

G. Section 102813, Toilet Accessories

1.3 REFERENCES


1. C473, Test Methods for Physical Testing of Gypsum Panel Products.

2. C514, Specification for Nails for the Application of Gypsum Board.

3. C840, Specification for Application and Finishing of Gypsum Board.

4. C1002, Specification for Steel Drill Screws for the Application of Gypsum Board or Metal Plaster Bases.

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5. C1047, Specification for Accessories for Gypsum Board and Gypsum Veneer Base.

6. C1396, Standard Specification for Gypsum Board.

7. C1629, Specification for Abuse-Resistant Non-Decorated Interior Gypsum Panel Products and Fiber-Reinforced Cement Panels.

8. D3273, Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber.

9. D5420, Test Method for Impact Resistance of Flat, Rigid Plastic Specimen by Means of a Striker Impacted by a Falling Weight (Gardner Impact).

10. E84, Standard Test Method for Surface Burning Characteristics of Building Materials.

11. E695, Standard Method of Measuring Relative Resistance of Wall, Floor, and Roof Construction to Impact Loading.

B. Gypsum Association (GA):

1. GA-214, Recommended Specifications: Levels of Gypsum Board Finish.

C. California Building Code (CBC):

1. Chapter 25A

D. Division of the State Architect (DSA):

1. IR 25-3, Interpretations and Regulations

1.4 SUBMITTALS


B. Product Data: Submit manufacturer’s specifications and installation instructions for each product specified.

C. Samples: Provide minimum 12" x 12" coated gypsum board panel of each type and texture of textured coating.


A. Single-Source Responsibility: Obtain gypsum board panels, joint treatment products, and textured coatings from a single manufacturer.

B. Qualifications of Installers:

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1. Use only skilled and experienced gypsum board installer for laying up the gypsum board, fastening, taping and finishing.

2. Helpers and apprentices used in this portion of the Work shall be under full and constant supervision at all times by thoroughly skilled gypsum board installers.

3. In the acceptance or rejection of installed gypsum board, no allowance will be made for lack of skill on the part of installers.

1.6 PRODUCT DELIVERY, STORAGE AND HANDLING

A. Storage:

1. Deliver the materials to the job site in manufacturer’s original packages and store them in their original containers with all labels intact and legible at time of use.

2. Store materials inside and protected from damage by the elements, and ensure materials will be kept dry before, during, and after installation.

3. Where it is necessary to store outside, stack the materials off the ground, properly supported on a level platform, and fully protected from the weather.

4. Stack gypsum panels neatly and flat, taking care to prevent sagging.

5. Protect all edge, ends, and faces of gypsum board panels from damage.

6. Protect steel studs and accessories from bending.

B. Protection:

1. Use all means necessary to protect gypsum board materials before installation, during, and until substantial completion.

2. Ensure the protection of the installed work and materials of all other trades.

3. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Architect and at no additional cost to the County.

1.7 ENVIRONMENTAL REQUIREMENTS

A. See Section 013543, Special Environmental Requirements and Procedures.

B. Provide materials that are low-emitting.

a. Materials shall meet the limits of the State of California DHS Standard Practice for the Testing of Volatile Organic Compounds or shall be identified by the following certification programs:

1) Greenguard Environmental Institute

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2) Scientific Certification Systems2. Provide cut sheet and/or MSDS showing VOC limits for each material specified

herein.

C. Provide materials with highest possible recycled content.

D. Establish and maintain application of finishing environment in accordance with ASTM C840.

E. Control heating and ventilating during finishing operations to ensure the maintenance of 55 degrees F minimum temperature.

2.0 PRODUCTS

2.1 MANUFACTURER

A. National Gypsum Company, 2001 Rexford Road, Charlotte, NC 28211, 1-704-365-7300, www.nationalgypsum.com, or approved equal.

2.2 MATERIALS

A. General - All Gypsum panels shall meet the following requirements:

1. Shall comply with ASTM C1396

2. 5/8-inch interior panels shall comply with ASTM C1396, Type X, unless otherwise specified.

3. Surface Burning Characteristics, per ASTM E84:

a. Flame Spread Index: 15

b. Smoke Developed: 0

4. Tapered edge for finished surfaces; butt edge for concealed surfaces.

5. 4-feet wide by 8-feet long.

6. Recycled content of panels shall be as follows:

a. 100% recycled paper on front and back panels.

b. 10% (minimum) recycled content for inside material.

B. Gold Bond Gypsum Wallboard (for Office areas):

1. Gypsum core surfaced with paper on the front, back, and long edges.

C. Gold Bond MR Wallboard - Moisture-Resistant (for all Restroom areas):

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1. Gypsum core with additives to enhance the water resistance of the core; shall be surfaced with water repellant paper on front, back, and long edges.

D. Hi-Impact XP Wallboard – Impact/Penetration Resistant (for all Classroom areas):

1. Gypsum core with additives to enhance the fire resistance, mold/mildew resistance, of the core and shall be surfaced with abrasion, moisture/mold/mildew resistant paper on the front, back, and long edges with a fiberglass mesh embedded in the board to enhance impact/penetration resistance complying with ASTM C1396, Type X.

a. Surface Abrasion Resistance: Not greater than 0.015" depth when tested at 50 cycles in accordance with ASTM D4977, modified.

b. Indentation Resistance: Not greater than 0.114" depth when tested at an impact load of 72 in.-lbs. in accordance with ASTM D5420.

c. Impact/Penetration Resistance: Not less than 720 ft.-lbs. when tested in accordance with ASTM E695, modified.

d. Mold and Mildew Resistance: Panel score of 10 when tested in accordance with ASTM D3273.

2.3 JOINT SYSTEM

A. General:

1. Compound / Gyp Mud shall be a minimum of 25% recycled content and must meet required maximum VOC standards.

2. A single compound may be used for embedment of tape, skim coating, and finishing if the compound is recommended for that purpose by the manufacturer of gypsum panels.

B. Compatibility:

1. Control Joints shall comply with ASTM C1047.

2. All joint systems, including reinforcement tape and compounds, shall be a system recommended by the manufacturer of the gypsum panels as being compatible with the panels specified herein.

2.4 METAL BEADS AND TRIM

A. All metal beads, trim and accessory items shall be a system recommended by the manufacturer of the gypsum panels as being compatible with the panels specified herein.

B. Corner bead shall be a formed galvanized steel angle with minimum base steel 0.014" thick, and shall comply with ASTM C1047.

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C. Casing beads shall be a formed galvanized steel trim with minimum base steel 0.014" thick, and shall comply with ASTM C1047:

1. L-Bead

2.5 OTHER MATERIALS & ACCESSORIES

A. All other materials and accessories required for a proper and complete installation of gypsum board shall be new, first quality of their respective kinds, and subject to the approval of the Architect.

B. Fasteners: In addition to complying with all pertinent code requirements, fasteners shall be as recommended by the manufacturer of gypsum panels specified herein.

1. Screws:

a. Screws shall conform to ASTM C954 or ASTM C1002, or both, with heads, threads, points, and finish.

b. #8 x 1 3/8" @ 6" Edge, 12" Field

C. Acoustical Sealant:

1. Sealant shall be non-drying, non-hardening, non-skinning, non-staining, non-bleeding, gunnable type as recommended by the manufacturer of gypsum panels specified herein.

D. Floor and Ceiling Runners:

1. L-shaped runner(s) weighing 545 lbs. per 1,000 linear feet with a minimum base steel of 0.0329", galvanized.

E. Textured Coatings:

1. Refer to Drawings for a complete Schedule of textured coating finishes.

2. All textured coating systems shall be a system recommended by the manufacturer of the gypsum panels as being compatible with the panels specified herein.

3.0 EXECUTION

3.1 SURFACE CONDITIONS

A. Inspection:

1. Prior to all work of this Section, carefully inspect the installed work of other trades and verify that all such work is complete to the point where installation may properly commence.

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2. Verify that gypsum board may be installed and finished with all surfaces true to line and detail, level, plumb, and in accordance with the design but without excessive thicknesses of skim coating or texture.

B. Corrections:

1. In the event of discrepancy, immediately notify the Architect.

2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved.

3.2 INSTALLING GYPSUM BOARD

A. General:

1. Install all panels plumb, level, and with all vertical joints on bearing, and in accordance with manufacturer’s recommended methods for installation.

2. Refer to Drawings for Schedule for all gypsum board installation required for project.

B. Cutting:

1. When cutting gypsum panels is required, cut by scoring and breaking or by sawing, working from the face side.

2. When cutting by scoring, cut through the face paper and then snap the panel back away from the cut face; then break the back paper by snapping the gypsum panel in the reverse direction or by cutting the back paper.

3. Smooth all cut ends and edges of panels as necessary to obtain a smooth joint.

4. For cut-outs on panels or pipes, fixtures, and other small openings, make holes and cut-outs by sawing or by such other method as will not fracture the core or tear the covering, and with such accuracy that plates, escutcheons, or trim will cover the edges.

5. The use of “score-and-knockout” method will not be permitted.

C. Fastening:

1. Properly space all fasteners in careful accordance with the manufacturer's recommendations and code requirements, with heads driven slightly below the surface for proper cementing but without breaking the paper cover.

2. Loosely butt all joints to be taped; firmly butt all joints to be left exposed.

3. Stagger all end joints and the joints between panels to achieve a maximum of bridging, and a minimum of continued joints.

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D. Caulking:

1. Using the materials and methods described in Section 079000, Sealants and Caulking, caulk at all points where gypsum panels are penetrated by the work of other trades; caulk solidly, using all necessary backing.

E. Taping and Finishing:

1. Finish shall be level 5 for all exposed surfaces.

2. Finish shall be level 2 for all other surfaces.

3.3 INSTALLING METAL TRIM

A. General:

1. Carefully inspect the Drawings and verify the desired location of metal trim. The drawings do not purport to show all metal trim required; verify with the Architect the precise locations and types of trim to be used.

B. Installation:

1. Install all trim in strict accordance with the manufacturer recommendations as submitted, paying particular attention to make all trim installation level, plumb, true to line, and with firm attachment to supports.

3.4 CLEAN UP AND PROTECTION

A. General:

1. Do not allow the accumulation of scraps and debris arising from the work of this Section but maintain the areas in a neat and safe condition at all times.

B. Spillage:

1. In the event of spilling or splashing compound onto other surfaces, immediately remove the spilled or splashed material and all traces of the residue to the approval of the Architect.

C. Protect gypsum board installations from damage and deterioration until the date of Substantial Completion.

3.5 WARRANTY

A. The product delivered shall be free of defects.


END OF SECTION

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SECTION 095113 - ACOUSTICAL PANEL CEILINGS

1.0 GENERAL

1.1 SUMMARY


B. Provide and install an exposed grid suspension system and acoustical ceiling panels as shown on project Drawings, including:

1. Wire hangers, fasteners, main runners, cross tees, and wall angle moldings

2. 24" x 48" acoustical ceiling panels

1.2 RELATED DOCUMENTS


B. Section 061000, Rough Carpentry

C. Section 072116, Blanket Insulation

D. Division 26 - Electrical

1.3 REFERENCES


1. ASTM A1008 Standard Specification for Steel, Sheet, Cold Rolled, Carbon, Structural, High-Strength Low-Alloy and High-Strength Low-Alloy with improved Formability.

2. ASTM A641 Standard Specification for Zinc-Coated (Galvanized) Carbon Steel Wire.

3. ASTM A653 Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process.

4. ASTM C423 Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method.

5. ASTM C635 Standard Specification for Metal Suspension Systems for Acoustical Tile and Lay-in Panel Ceilings.

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6. ASTM C636 Recommended Practice for Installation of Metal Ceiling Suspension Systems for Acoustical Tile and Lay-in Panels.

7. ASTM E84 Standard Test Method for Surface Burning Characteristics of Building Materials.

8. ASTM E1264 Classification for Acoustical Ceiling Products.

9. ASTM E1477 Standard Test Method for Luminous Reflectance Factor of Acoustical Materials by Use of Integrating-Sphere Reflectometers.

10. ASTM D3273 Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber.

11. ASTM E119 Standard Test Methods for Fire Tests of Building Construction Material.

B. California Building Code (2007 CBC):

1. Chapter 25A, Section 2501A.5A

C. Division of the State Architect (DSA):

1. Interpretations and Regulations, IR 25-5

1.4 SUBMITTALS


B. Product Data: Submit manufacturer's technical data for acoustical ceiling units and suspension system required, including cut sheets and manufacturer’s full range of standard color options for Architect’s review and selection.

C. Samples: Submit the following for verification purposes:

1. Minimum 6" square samples of specified acoustical panel type.

2. Set of 12" long samples of exposed wall molding and suspension system, including main runner and 4-foot cross tees.

D. Shop Drawings: Provide layout and details of acoustical ceilings. Show locations of items which are to be coordinated with or supported by the ceilings.

E. Certifications: Manufacturer’s certifications showing that products comply with specified requirements, including laboratory reports showing compliance with specified tests and standards. For acoustical performance, each carton must carry an approved independent laboratory classification of NRC, CAC, and AC.

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F. If the material supplied by the acoustical subcontractor does not have an Underwriter’s Laboratory classification of acoustical performance on every carton, subcontractor shall be required to send material from every production run appearing on the job to an independent or NVLAP approved laboratory for testing, at the County’s discretion. All products not conforming to manufacturer’s current published values must be removed, disposed of and replaced with complying product at the expense of the Contractor performing the work.

G. Submit manufacturer’s Standard Warranty as outlined in part 1.8 of this Section.


A. The products delivered shall be free from defects.

B. Deliver acoustical ceiling units to project site in original, unopened packages and store them in a fully enclosed space where they will be protected against damage from moisture, direct sunlight, surface contamination or other causes.

C. Before installing acoustical ceiling units, permit them to reach room temperature and a stabilized moisture content.

D. Handle acoustical ceiling units carefully to avoid chipping edges or damaging units in any way.


A. Single-Source Responsibility: Provide acoustical panel units and grid suspension system components by a single manufacturer.

B. Fire Performance Characteristics: Provide acoustical ceiling components that are identical to those tested for the following fire performance characteristics, according to ASTM test method indicated, by UL or other testing and inspecting agency acceptable to authorities having jurisdiction. Identify acoustical ceiling components with appropriate marking of applicable testing and inspecting agency.

1. Surface Burning Characteristics: As follows, tested per ASTM E84 and ASTM E1264.

a. Flame Spread: Class A, 25 or less.

b. Smoke Developed: 50 or less.

C. If the material supplied by the acoustical subcontractor does not have an Underwriter’s Laboratory classification of acoustical performance on every carton, Contractor shall be required to send material from every production run appearing on the job to an independent or NVLAP approved laboratory for testing, at the County’s discretion.

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D. All products not conforming to manufacturer’s current published values must be removed, disposed of and replaced with complying product at the expense of the Contractor performing the work.

E. Coordination of Work: Coordinate layout and installation of acoustical ceiling units and suspension system components with other work supported by, or penetrating through ceilings, including light fixtures, fire-suppression system components, and partition system (if any).


A. Space Enclosure:

1. HumiGuard Plus Ceilings: Building areas to receive ceilings shall be free of construction dust and debris.

2. Products with HumiGuard Plus performance and hot dipped galvanized steel, aluminum or stainless steel suspension systems can be installed up to 120 degrees F and in spaces before the building is enclosed.

3. HumiGuard Plus ceilings cannot be used in applications where rmoisture or where moisture will come in direct contact with the ceiling.




1. Materials shall meet the limits of the State of California DHS Standard Practice for the Testing of Volatile Organic Compounds or shall be identified by the following certification programs:

a) Greenguard Environmental Institute

b) Scientific Certification Systems

2. Provide cut sheets and/or MSDS sheets showing VOC limits for each material specified herein.

C. Provide materials with highest possible recycled content.

1.9 WARRANTY

A. Manufacturer’s standard performance warranty, as available for specified installation and environmental conditions:

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1. Acoustical Panel: Submit a written warranty executed by the manufacturer, agreeing to repair or replace acoustical panels that fail within the warranty period. Failures include, but are not limited to:

a. Acoustical Panels: Sagging and warping.

b. Grid System: Rusting and manufacturer’s defects.

B. Warranty Period for HumiGuard Plus:

1. Acoustical panels and grid systems with HumiGuard Plus performance supplied by one source manufacturer is fifteen (15) years from date of substantial completion.

2. The Warranty shall not deprive the County of other rights the County may have under other provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under the requirements of the Contract Documents.

1.10 MAINTENANCE

A. Extra Materials: Provide and deliver extra materials to the County as described below that match products installed. Surplus materials shall be packaged with protective covering for storage and shall be identified with appropriate labels.

1. Acoustical Ceiling Units: Furnish quantity of full-size units equal to five percent (5%) of amount installed.

2. Exposed Suspension System Components: Furnish quantity of each exposed suspension component equal to two (2%) percent of amount installed.

2.0 PRODUCTS

2.1 MANUFACTURER

A. Armstrong World Industries, Inc., 1-877-ARMSTRONG.

2.2 MATERIALS – GENERAL

A. Standard for Acoustical Ceiling Units: Provide manufacturer's standardized units of configuration indicated which are prepared for mounting method designated and which comply with FS SS-S-118 requirements, including those indicated by reference to type, form, pattern, grade (NRC or NIC as applicable), light reflectance coefficient (LR), edge detail, and joint detail (if any).

1. Mounting Method for Measuring NRC: No. 7 (mechanically mounted on special metal support), FS SS-SS-118; or Type E-400 mounting as per ASTM E795.

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B. Colors, Textures, and Patterns: Provide products to match appearance characteristics indicated or, if not, otherwise indicated, as selected by the Architect from manufacturer’s standard colors, surface textures, and patterns available for acoustical ceiling units and exposed metal suspension system members of quality designated.

2.3 ACOUSTICAL PANEL UNITS

A. Fine Fissured Second Look II #1761:

1. Panel Size: 24” x 24” and 24" x 48"

2. Panel Thickness: 3/4"

3. Material: Wet-formed mineral fiber

4. Surface Finish: Factory-applied latex paint

5. Color: As approved by the Architect per Section 013300, Submittals.

6. Surface Texture: Fissured and scored 12" x 12" squares

7. Edge Profile: Angled Tegular

8. Insulation Values:

a. R Factor - 1.5 (BTU units)

b. R Factor - .26 (Watts units)

9. Acoustics Ratings:

a. NRC Range: .55

b. CAC Range: 35

10. Light Reflectance: .84

11. Sag Resistance: HumiGuard Plus

12. Anti-Microbial: BioBlock Plus

13. Fire Resistance: Class A

14. Recycled Content: 28-39%

15. Dimensional Stability: HumiGuard Plus with BioBlock

2.4 METAL SUSPENSION SYSTEMS

A. Prelude XL 15/16" exposed Tee suspension system:

1. Classification of ceiling grid is heavy duty.

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a. Main runner/beam: 15/16” 12’ HD Main Beam: 7301

b. Cross runner/tee with built in splice: 15/16” 4’ Cross Tee: XL7341

2. Standard for Metal Suspension Systems: Provide commercial quality metal suspension systems of type, structural classification and finish indicated which comply with applicable ASTM C635 requirements.

a. Main Beams and cross tees are double-web steel construction with type exposed flange design.

b. Exposed surfaces chemically cleansed, capping pre-finished galvanized in baked polyester paint.

c. All non-extruded aluminum or stainless steel main beams and cross tees shall have rotary stitching

2. Finishes and Colors: Provide manufacturer's standard factory-applied finish for type of system indicated.

a. For exposed suspension members and accessories with painted finish, provide color indicated or, if not otherwise indicated, as selected by the Architect from manufacturer's full range of standard colors.

3. Attachment Devices: Size for five times design load indicated in ASTM C635, Table 1, Direct Hung unless otherwise indicated.

4. Wire for Hangers and Ties: ASTM A641, Class 1 zinc coating, soft temper, pre-stretched, with a yield stress load of at least three times the design load, but not less than 12 gauge.

5. Edge Moldings and Trim: Metal or extruded aluminum of types and profiles indicated, or if not indicated, manufacturer’s standard moldings for edges and penetrations, including light fixtures, that fit type of edge detail and suspension system indicated.

a. Moldings: 2” 12’ hemmed angle molding: 780812

b. Trim will be attached to wood frame in some locations to gypsum board wall in others as noted.

3.0 EXECUTION

3.1 PREPARATION

A. Coordination: Furnish layouts for inserts, clips, or other supports required to be installed by other trades for support of acoustical ceilings.

1. Furnish concrete inserts and similar devices to other trades for installation well in advance of time needed for coordination of other work.

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B. Measure each ceiling area and establish layout of acoustical units to balance border widths at opposite edges of each ceiling. Avoid use of less-than-half width units at borders, and comply with reflected ceiling plans wherever possible.

C. Coordinate panel layout with Mechanical and Electrical fixtures.

3.2 INSTALLATION

A. Install materials in accordance with manufacturer's printed instructions, and to comply with governing regulations, fire-resistance rating requirements as indicated, and CISCA standards applicable to work

B. Arrange acoustical units and orient directionally-patterned units (if any) in manner shown by reflected ceiling plans.

C. Install suspension system and panels in compliance with ASTM C636 and with the authorities having jurisdiction.

1. Suspend main beam from overhead construction with hanger wires not less than 6 inches from each end and spaced 4 feet-0 inches on center along the length of the main runner.

a. Install hanger wires plumb, straight, and free from contact with insulation or other objects within ceiling plenum which are not part of supporting structural or ceiling suspension system.

b. Secure wire hangers by looping and wire-tying, either directly to structures or to inserts, eye-screws, or other devices which are secure and appropriate for substrate, and which will not deteriorate or fail with age or elevated temperatures.

2. Install wall moldings at intersection of suspended ceiling and vertical surfaces. Miter corners where wall moldings intersect or install corner caps.

3. Install edge moldings of type indicated at perimeter of acoustical ceiling area and at locations where necessary to conceal edges of acoustical units.

4. For reveal edge panels, cut and reveal or rabbit edges of ceiling panels at border areas and vertical surfaces.

5. Install acoustical panels in coordination with suspended system, with edges resting on flanges of main runner and cross tees.

a. Cut and fit panels neatly against abutting surfaces, and to fit accurately at borders and at penetrations.

b. Support edges with moldings.

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3.3 INSTALLATION - GLUE-DOWN UNITS

A. General: Install materials in accordance with manufacturer's printed instructions, and to comply with governing regulations, fire-resistance rating requirements as indicated, and CISCA standards applicable to work

B. Arrange acoustical units and orient directionally-patterned units (if any) in manner shown by reflected ceiling plans.

3.4 ADJUSTING AND CLEANING

A. Replace damaged and broken panels.

B. Clean exposed surfaces of acoustical ceilings, including trim, edge moldings, and suspension members; comply with manufacturer's instructions for cleaning and touch-up of minor finish damage.

C. Remove and replace work which cannot be successfully cleaned and repaired to permanently eliminate evidence of damage.

END OF SECTION

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SECTION 096500 - RESILIENT FLOORING

1.0 GENERAL

1.1 SUMMARY

A. This Section includes all labor, materials, equipment, operations, or methods listed, mentioned, or scheduled on the drawings and/or herein specified, including all incidentals necessary and required for a complete and proper installation under this Section.

B. Provide and install vinyl composition tile and resilient sheet vinyl and accessories as scheduled on the Drawings and as specified herein, including:

1. Rubber topset base.

2. Rubber carpet wall base.



B. Section 033000, Cast-In-Place Concrete

C. Division 9 - Finishes, all Sections

1.3 REFERENCES


1. ASTM C1028 - Standard Test Method for Determining the Static Coefficient of Friction of Ceramic Tile and Other Like Surfaces by the Horizontal Dynamometer Pull-Meter Method

2. ASTM D2047 - Standard Test Method for Static Coefficient of Friction of Polish-Coated Flooring Surfaces as Measured by the James Machine

3. ASTM E84 - Standard Test Method for Surface Burning Characteristics of Building Materials

4. ASTM E662 - Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials

5. ASTM E648 - Standard Test Method for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source

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6. ASTM F710 - Standard Practice for Preparing Concrete Floors and Other Monolithic Floors to Receive Resilient Flooring

7. ASTM F970 - Standard Test Method for Static Load Limit

8. ASTM F1066-99 - Standard Specification for Vinyl Composition Floor Tile

9. ASTM F1303 - Standard Specification for Sheet Vinyl Floor Covering with Backing

10. ASTM F1861 - Standard Specification for Resilient Wall Base

11. ASTM F1869 - Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride

1.4 SUBMITTALS


B. Contractor must state in writing his/her ability to complete work in compliance with General Contractor’s schedule.

C. Within ten calendar days after the Contractor has received the County’s Notice to Proceed, submit:

1. Product Data:

a. Submit 2 copies of Manufacturer’s brochures and shop drawings of all items herein showing types, sizes, and methods of construction, including technical data and installation instructions for each type of resilient flooring and accessory.

b. Manufacturer’s recommended installation procedures will become the basis for accepting or rejecting actual installation procedures used in/on the work.

2. Samples:

a. Submit 3 sets of samples of each type and finish of resilient flooring and accessory required, indicating full range of color and pattern variation.

b. Submit full-size tile units, 12" square samples of sheet flooring, and 6" long samples of accessories.

3. Maintenance Instructions:

a. Submit 2 copies of Manufacturer’s recommended maintenance practices for each type of resilient flooring and accessory required.

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4. Flame Spread Certification:

a. Submit Manufacturer’s certification that resilient flooring furnished for areas indicated to comply with required flame spread rating has been tested and meets or exceeds indicated standard.

D. Replacement Material: Upon completion of work, deliver to the project site for County’s use in future modifications an extra stock of approximately 10% of each color, pattern, and finish of each material installed under this Section, including packaging and type of material separately and distinctly marked, and adequately protected against deterioration.

1. Tile Flooring: Not less than one box for each 50 boxes or fraction thereof, for each type, size and color installed.

2. Sheet Flooring: Not less than 5 linear yards for each type, pattern, and color installed.

3. Resilient Base: Not less than 10 linear feet for each 500 linear feet or fraction thereof of each different type and color installed.

1.5 STORAGE & HANDLING

A. Sheet Vinyl:

1. Materials used in installation (sheet vinyl, adhesive, underlayment mixture) should be stored indoors at a minimum temperature of 70 degrees F for 48 hours prior to installation. Floor must be dry and smooth and not subject to temperatures above 90 degrees F.

B. Vinyl Composition Tile:

1. Tiles, adhesive, and subfloor must be allowed to stabilize to a consistent temperature between 64 degrees F at installation area for a minimum of 48 hours prior to and during installation, and a minimum of 24 hours after installation.

2. Tiles must be stored flat.

C. Rubber Wall Base:

1. Maintain minimum temperature of 70 degrees F in spaces to receive resilient flooring for at least 48 hours prior to installation, during installation, and for not less than 48 hours after installation.

2. Maintain minimum temperature of 55 degrees F in areas where work is completed.

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A. Installer: Select installer must be qualified in writing by flooring Manufacturer for installation of homogeneous vinyl flooring using heat welded seams.

1. Installer must have minimum of five years successful experience installing vinyl composition tile and resilient sheet vinyl and accessories.

2. Installer shall provide a mock-up of each type of installation using approved materials and specified methods of installation as called-out on Drawings.

a. Installer must obtain Architect’s approval prior to commencement of work.

B. Manufacturer: Whenever possible, provide each type of resilient flooring and accessories as produced by a single Manufacturer, including recommended primers, adhesives, sealants, and leveling compounds.

C. Fire Test Performance: Provide resilient flooring which complies with the following fire test performance criteria as determined by an independent testing laboratory acceptable to authorities having jurisdiction.

1. Critical Radiant Flux (CRF): Not less than the following rating per ASTM E648.

a. 0.45 watts per square cm.

2. Flame Spread: Not more than 75 per ASTM E84.

3. Smoke Developed: Not more than 450 per ASTM E84.

4. Smoke Density: Not more than 450 per ASTM E662.

D. Floor finish will comply with governing codes and regulation. (CAC T24) with coefficient of friction at least 0.6 per ASTM D2047




1. Materials shall meet the limits of the State of California DHS Standard Practice for the Testing of Volatile Organic Compounds or shall be identified by the following certification programs:

1) Carpet and Rug Institute

2) Greenguard Environmental Institute

3) Scientific Certification Systems

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2. Provide cut sheet and/or MSDS showing VOC limits for each material specified herein.

2.0 PRODUCTS

2.1 MANUFACTURERS

A. Vinyl Composition Tile & Sheet Vinyl:

1. Armstrong, Inc., P.O Box 3001, Lancaster, PA 17604, 1-877-276-7876, www.armstrong.com.

B. Resilient Base:

1. Burke Industries, Inc., 2250 South Tenth Street, San Jose, CA 95112,1-800-447-8442, www.burkeind.com.

2.2 VINYL COMPOSITION TILE

A. Armstrong EXCELON Standard VCT complying with ASTM F1066, Federal Specifications SS-T-312B (1), Type IV, Composition 1.

1. Dimension: Provide 12" x 12" x 1/8"

2. Colors:

a. 51811 Antique White – Standard Excelon Imperial Texture

b. 51812 Lemon Yellow – Standard Excelon Imperial Texture

3. Slip resistance: Coefficient of friction shall be no less than 0.6 for level surfaces and 0.8 for ramps when tested in accordance with ASTM C1028 (field test) or ASTM D2047 (laboratory test).

4. Static Load: Provide materials with 1.0 critical radiant flux or higher when tested in accordance with ASTM E662.

2.3 RESILIENT BASE

A. Burke rubber base complying with FS-SS-W-40, Type 1, with matching end stops and preformed or molded corner units, and as follows:

1. Color: 523 Black/Brown

2. Height: 4" vinyl base

3. Thickness: 1/8" gage

4. Style: Standard top-set cove.

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http://www.burkeind.com/

http://www.armstrong.com/



5. Style: Straight base without cove (at carpet edges).

2.4 SHEET VINYL

A. Armstrong Possibilities Petit Point in six foot wide sections with heat welded seams, complying with ASTM F1303, FS-L-F-475, Type II, Grade A, with fibrous backing. Minimum coefficient of friction 0.6 per ASTM C1028.

1. Color: 88065 Almond White

2. Size: 72: wide rolls.

3. Overall Thickness: 0.085" gage.

4. Wearing Surface Thickness: 0.050" min.

5. Backing: Inorganic mineral fiber type.

6. Sheet Vinyl Cove: 4".

2.5 OTHER MATERIALS AND ACCESSORIES

A. Provide other materials not specifically described but required for a complete and proper installation as selected by Contractor and subject to approval of Architect. Other material(s) must also be approved by manufacturer of materials scheduled to be installed as specified herein.

B. Adhesives:

1. Water and alkali-resistant, zero VOC-emitting stabilized type adhesive to suit material and substrate conditions as recommended by the manufacturer of material being installed.

2. Adhesive shall contain no asbestos materials.

3. Asphalt emulsions and other non-waterproof adhesives will not be acceptable.

C. Sub-Floor Filler:

1. Portland Cement-based material designed for providing thin solid surface for leveling and for minor ramping of subsurface to adjacent floor finishes.

2. Use material capable of being applied and feathered out to adjacent floor without spalling.

D. Resilient Edge Strips:

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1. 1/8" thick, homogeneous vinyl or rubber composition, tapered or bullnose edge, color to match flooring, or as selected by Architect from standard colors available; not less than 1" wide.

E. Metal Edge Strips

1. Metal Edge strips shall be of width shown and of required thickness to protect exposed edge of resilient flooring. Provide units of maximum available length, to minimized number of joints.

a. Material: Extruded aluminum with mill finish, unless otherwise shown.

b. Type: Butt-type metal edge strips for concealed anchorage.

F. Concrete Slab Primer:

1. Nonstaining type as recommended by the manufacturer of material being installed.

2. Provide moisture barrier over new and existing floor area to allow for installation over recently poured concrete.

G. Leveling and Patching Compounds:

1. Latex types as recommended by flooring Manufacturer.

3.0 EXECUTION

3.1 EXAMINATION: PRE-INSTALLATION INSPECTION OF SURFACE CONDITIONS

A. Installer must examine areas and conditions under which resilient flooring and accessories are to be installed and must notify Contractor in writing of conditions detrimental to proper and timely completion of work. Do not proceed with work until unsatisfactory conditions have been corrected in manner acceptable to Installer.

B. Install resilient flooring and accessories after they have the same temperature as the space and after other finishing operations, including painting, have been completed. Moisture content of concrete slabs and environmental conditions must be within limits recommended by Manufacturer of products being installed.

C. Concrete to comply with ASTM F710, to be free of materials which could interfere with adhesion of resilient flooring, to be tested using the quantitative calcium chloride test as detailed under ASTM F1869 with results of 5 lbs. or less of vapor transmission, surface alkali of 9 or less as measured by pH test paper, and free of carbonized dust.

D. Wood underlayment to have a smooth, fully sanded face, free of irregularities, and to be free of substances which could interfere with adhesion of resilient tile.

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3.2 PREPARATION

A. Subfloors:

1. Verify that substrate is smooth, level, at required finish elevation, and without more than 1/8" in 10’-0 variation from level or slopes shown on Drawings.

2. Broom clean or vacuum surfaces to be covered, and inspect subfloor. Start of flooring installation indicates acceptance of subfloor conditions and full responsibility for completed work.

3. Subfloor must be cleaned of all paint, varnish, grease, or wax and all uneven places must be leveled by chipping or filing.

a. All expansion joints, grooves, cracks, potholes, etc. must be filled using manufacturer’s specified underlayment mixture.

b. Subfloor must be uniformly smooth, level, and solid before accepted as satisfactory to receive installation of vinyl flooring.

4. Perform moisture tests on concrete slabs to determine that concrete surfaces are sufficiently cured and dry as well as to ascertain presence of curing compounds, and ready to receive flooring.

B. Priming:

1. Apply concrete slab primer if recommended by resilient flooring Manufacturer prior to application of adhesive.

2. Apply in compliance with Manufacturer’s recommendations as approved by Architect.

3.3 INSTALLATION

A. General: Comply with Manufacturer’s recommendations and installation instructions.

1. Install materials only after finishing operations, including painting, have been complete and after permanent heating system is operating.

2. Where movable partitions are shown, install resilient flooring before partitions are erected.

3. Verify that moisture content of concrete slabs, building air temperature, and relative humidity are within the limits as recommended by Manufacturer of materials being used.

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4. Place flooring with adhesive cement in strict compliance with Manufacturer’s recommendations. Butt tightly to vertical surfaces, thresholds, nosings, and edgings. Scribe around obstructions to produce neat joints, laid tight, even and straight. Extend flooring into toe spaces, door reveals, and into closets and similar openings.

5. Maintain reference markers, holes or openings that are in place or plainly marked for future cutting by repeating on finish flooring as marked on subfloor. Use chalk or other nonpermanent marking device.

6. Install flooring on covers for telephone and electrical ducts, and other such items as occur within finished floor areas.

7. Maintain overall continuity of color and pattern with pieces of flooring installed in these covers. Tightly cement edges to perimeter of floor around covers and to covers.

8. Tightly cement flooring to subbase without open cracks, voids, raising and puckering at joints, telegraphing or adhesive spreader marks, or other surface imperfections. Hand roll flooring at perimeter of each covered area to assure adhesion.

9. Follow resilient flooring Manufacturer’s instructions for complete installation.

B. Vinyl Composition Tile:

1. Place tiles with adhesive cement in strict compliance with flooring Manufacturer’s recommendations and in pattern provided by the Architect.

a. Butt tiles tightly to vertical surfaces, nosings, edgings, and thresholds.

b. Scribe as necessary around obstructions and to produce neat joints.

c. Place tiles tightly laid, even, and in straight parallel lines.

d. Extend tiles into toe spaces, door reveals, and in closets and similar spaces.

2. Lay tiles from center marks established with principal walls, discounting minor offsets, so that tile at opposite edges of room are of equal width.

a. Adjust as necessary to avoid use of cut widths less than 3" wide at room perimeters.

b. Lay tile square to room axis, unless otherwise shown.

3. Match tiles for color and pattern by using tile from cartons in same sequence as manufactured and packaged.

4. Cut tile neatly around all fixtures. Broken, cracked, chipped, or deformed tiles are not acceptable.

5. Lay tile in pattern as indicated on Drawings with grain in all tiles running in one uniform direction, unless otherwise directed by Architect.

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C. Vinyl Sheet Flooring:

1. Lay sheet flooring to provide as few seams as possible with economical use of material. Match edges for color shading and pattern at seams in compliance with Manufacturer’s recommendations, such as reversing adjoining sheets so that the abutting edges are from the same edge of roll.

2. Adhere sheet flooring to substrates using method approved by flooring Manufacturer for type of sheet flooring and substrate condition indicated.

3. Prepare seams in vinyl sheet flooring without backing with Manufacturer’s special routing tool and heat weld with vinyl thread in accordance with Manufacturer’s instructions.

4. Prepare seams in vinyl sheet flooring with backing in accordance with Manufacturer’s instructions for most inconspicuous appearance, sealing continuously with fluid applied sealant or adhesive as standard with Manufacturer to provide a "seamless" installation.

5. Provide integral flash cove base where shown on drawings, including cove support strip and metal top edge strip. Construct coved base in accordance with Manufacturer’s instructions.

D. Base & Accessories:

1. Apply resilient base to walls, columns, pilasters, casework and other permanent fixtures in rooms or areas where base is required. Install base in lengths as long as practicable, with preformed corner units, or fabricated from base materials with mitered or coped inside corners. Tightly bond base to backing throughout length of each piece, with continuous contact at horizontal and vertical surfaces.

2. On masonry surfaces, or other similar irregular surfaces, fill voids along top edge of resilient wall base with Manufacturer’s recommended adhesive filler material.

3. Place resilient edge strips tightly butted to flooring and secure with adhesive. Install edging strips at edges of flooring which would otherwise be exposed.

4. Apply butt type metal edge strips where shown on drawings, and prior to resilient flooring. Secure units to substrate with countersunk stainless steel anchors, complying with Manufacturer’s recommendations.

5. Apply resilient accessories at stair systems as indicated and in strict accordance with Manufacturer’s installation instructions.

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3.4 CLEANING AND PROTECTION

A. Immediately upon completion of the resilient flooring and just prior to final inspection of work, remove any excess adhesive or other surface blemishes from floor, base, and wall surfaces and thoroughly clean all floors and accessories.

1. Use neutral type cleaners as recommended by flooring manufacturer.

B. Protect all installed flooring with heavy Kraft paper or other covering.

C. Repair any damage(s) caused to adjacent materials during installation of flooring. Use methods recommended by the manufacturer(s) of adjacent material.

D. Apply protective floor finish in accordance with manufacturer’s recommendations.

3.5 WARRANTY

A. The product delivered shall be free of defects.


END OF SECTION.

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SECTION 102113 -TOILET COMPARTMENTS

1.0 GENERAL

1.1 SUMMARY


B. Provide and install floor-mounted overhead-braced high-density polyethylene (HDPE) toilet partitions as specified herein and as shown on project Drawings, including:

1. Wall backing required to secure mounting brackets

2. Support for floor-anchored compartments




C. Section 099100, Painting

D. Section 102813, Toilet Accessories

1.3 REFERENCES


1. ASTM E84-94 - Surface Burning Characteristics of Building Materials

B. American National Standards Institute (ANSI):

1. ANSI A117-1986 Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People.

C. UL 94 Vertical Burn - Test For Flammability of Plastic Materials for Parts in Devices and Appliances (Class A Only)

D. National Fire Protection Association (NFPA) - 101 Life Safety Code 1991 Edition, Chapters 5, 6, 8-30.

E. UBC - Chapters 5 and 33 Requirements for Handicapped.

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F. Title 24, California Code of Regulations, Parts 2, 3, and 5.

G. ADA, Accessibility Guidelines for Buildings and Facilities, Federal Register Volume 56, Number 144, Rules and Regulations.

1.4 SUBMITTALS


B. Manufacturer’s Data: provide the following:

1. Product data sheets

2. Installation instructions

3. Replacement of parts information

4. Manufacturer’s full range of standard colors for Architect’s selection

C. Shop Drawings: Submit six (6) sets of Shop Drawings that include:

1. Fabrication and erection of compartment assemblies, to extent not fully described by manufacturer’s data sheets.

2. Anchorage, accessory items and finishes.

3. Location drawings for bolt hole locations in supporting members for attachment of compartments.

D. Samples:

1. Furnish scale model of compartments, including stile, shoe, door, door hardware, divider panel, and mounting brackets.

2. Furnish sections showing stile anchoring and leveling devices, concealed threaded inserts, panel and stile construction and edge construction.


A. Deliver, handle and store materials in accordance with manufacturer’s instructions.

B. Items shall be delivered in manufacturer’s original unopened protective packaging.

C. Store materials in a clean, dry place.

D. Handle in a manner to prevent damage to finished surfaces.

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A. Comply with governing codes and regulations.

B. Manufacturer Qualifications:

1. Manufacturer shall be regularly engaged in manufacture of products specified herein, and whose products have been in satisfactory use under similar service conditions for no less than 5 years.

C. Installer Qualifications:

1. Installer shall be regularly engaged in the installation of products specified herein with a minimum of 5 years experience.

D. Materials shall be the products of a single manufacturer as specified herein.

1.7 PERFORMANCE REQUIREMENTS

A. Materials shall comply with the following requirements for Fire Resistance when tested in accordance with ASTM E84:

1. Smoke Developed Index: not to exceed 450

2. Flame Spread Index: not to exceed 75

3. Material Fire Ratings:

a. Class B (NFPA)



B. Provide materials with highest possible recycled content.

1.9 WARRANTY

A. Furnish manufacturer’s written warranty covering all plastic components and plastic hardware against breakage, corrosion, and delamination, including panels, doors, and stiles for a period of 15 years.

B. Furnish one year guarantee against defects in material and workmanship for stainless steel door hardware and mounting brackets.

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2.0 PRODUCTS

2.1 MANUFACTURER

A. Scranton Products (Santana Products, Inc.), 801 Corey Street, Scranton, PA 18505, 1-800-445-5148, www.hinyhiders.com, or approved equal.

2.2 MATERIALS

A. General:

1. Signage to be in compliance with 1114B, 1115B.5 and 1117B.5.

B. Floor-Mounted, Overhead-Braced Solid Plastic Toilet Partitions:

1. Panels, doors, and pilasters shall be non-corrosive and fabricated from High Density Polyethylene (HDPE) solid polymer resins with color that extends throughout the surface. Polymer resins shall be compounded under high pressure, forming a single waterproof component with a self-lubricating surface.

a. HDPE materials shall contain a minimum of 25% recycled material.

b. Color shall be selected by Architect.

2. Doors, panels, and pilasters shall be 1" thick with edges machine-rounded to a 1/4" radius.

a. Doors and dividing panels shall be 55" high.

b. Pilasters shall be 82" high.

C. Hardware and Accessories:

1. Hinges

a. Hinges shall be 8" and fabricated from heavy-duty extruded aluminum 6463-T5 alloy with a bright-dip anodized finish with wrap-around flanges.

b. Hinges shall be through bolted to doors and pilasters with stainless steel torx head sex bolts.

c. Hinges shall operate with field-adjustable nylon cams that can be field set in 30 degree increments [or hinges shall be integral, fabricated from the door and pilaster with no exposed metal parts].

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2. Door strike and keeper shall be 6" long and fabricated from heavy-duty extruded aluminum 6436-T5 alloy with bright-dipped anodized finish.

a. Strike and keeper shall be secured to the pilasters with stainless steel tamper-resistant torx head sex bolts.

b. Bumper shall be fabricated from extruded black vinyl.

3. Door latch housing shall be fabricated from heavy-duty extruded aluminum 6463-T5 alloy with bright-dipped anodized finish.

a. Slide bolt and button shall have black anodized finish.

4. Pilaster Shoes shall be 3" high 20 gauge type 304 stainless steel, secured to pilaster with stainless steel tamper-resistant torx head sex bolt.

5. Wall Brackets shall be 54" long and fabricated from extruded PVC plastic.

a. Brackets shall be fastened to pilasters with stainless steel tamper-resistant torx head screws and fastened to panels with stainless steel tamper-resistant torx head sex bolts.

b. Color shall be as selected by Architect.

6. Headrail shall be heavy-duty extruded aluminum 6463-T5 alloy with a clear anodized finish with anti-grip design and integrated curtain track.

a. Headrail shall be fastened to headrail bracket by a stainless steel tamper-resistant torx head sex bolt, fastened at the top of the pilaster with stainless steel tamper-resistant torx head screws.

7. Headrail Brackets shall be 20 gauge stainless steel with satin finish. Brackets shall be secured to wall with stainless steel tamper-resistant torx head screws.

a. Color shall be same as door and panel.

8. U-shaped handles below latch at each side of door & flip over or sliding latch per 1115B.7.1(4)

9. Anchorages and fasteners: Stainless steel, finished to match hardware with theft-resistant type heads and nuts where exposed.

10. Toilet compartment doors shall have automatic self-closing devices.

11. Each ADA compliant door shall be equipped with a door pull and a wall stop.

12. Each door shall be furnished with a coat hook with rubber bumper.

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2.3 FABRICATION

A. All exposed surfaces shall be free of saw marks. Exposed surfaces that exhibit defects, discolorations, and other imperfections are not acceptable.

B. Exposed fasteners on the exterior of the partitions are not permitted.

C. Provide hardware for each compartment complying with ANSI A117.1 for disabled accessibility.

D. Bottom edge of partitions and doors shall have a stainless steel plate imbedded in plastic for protection from direct flame.

E. Pilasters shall be machined to accept door and hinge mechanism.

F. Aluminum edging strips shall be fastened to the bottom edge of all doors and panels using vandal-proof "T" barb heat sinc.

3.0 EXECUTION

3.1 EXAMINATION AND PREPARATION

A. Examine areas to receive work of this Section for correct height and spacing of anchorage/blocking and plumbing fixtures that may effect installation of partitions.

1. Immediately report any discrepancies to the Architect.

B. Make complete and accurate measurements of toilet compartment locations.

C. Verify spacing of plumbing fixtures to assure compatibility with installation of compartments.

D. Do not begin installation of compartments until conditions are satisfactory for a complete and proper installation.

3.2 INSTALLATION

A. Install materials and system in accordance with manufacturer’s written instructions and approved Shop Drawings and in coordination with the work of other Sections.

B. Install compartments rigid, straight, level, and plumb, and anchor securely in proper relation with adjacent construction and with uniform appearance.

C. All doors and panels shall be mounted at 14" above finished floor.

D. Coat hook shall be mounted at 48" above finished floor.

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E. Pilasters shall be mounted with a one-piece plastic shoe with star-head security pin and stainless steel screws.

F. Limit openings between panels, doors and pilasters to less than 1/2".

G. Evidence of cutting, drilling, and/or patching shall not be visible on the finished work.

H. Clearance at vertical edges of doors shall be uniform top to bottom and shall not exceed 3/8".

I. ADA compliant doors shall be installed as swing-out doors.

3.3 CLEANING AND ADJUSTMENT

A. Adjust hardware for proper operation after installation.

B. Set hinge cam on in-swinging doors to hold open approximately 30 degrees from closed position when unlatched.

C. Set hinge cam on out-swinging doors to return to fully closed position.

D. Clean exposed surfaces of compartments, hardware, and fittings and ensure finished work is left free of imperfections.

1. Remove protective plastic masking from plastic components.

END OF SECTION

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SECTION 102813 - TOILET ACCESSORIES

1.0 GENERAL

1.1 SUMMARY


B. Install toilet accessories provided by the District:

1. Paper towel dispensers, surface-mounted.

2. Toilet paper dispensers.

3. Toilet seat cover dispensers.

4. Soap dispensers.

C. Provide and install all other items as specified herein:

1. Grab bars.

2. Mirrors.




C. Section 088100, Glazing

D. Division 22 - Mechanical

E. Division 26 - Electrical

1.3 SUBMITTALS


B. Submit for approval product data and accessory schedule, including manufacturer’s full range of standard finish options and colors.


A. Comply with governing codes and regulations.

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A. Deliver, handle and store materials in accordance with manufacturer’s instructions.

2.0 PRODUCTS

2.1 MANUFACTURER

A. Bobrick Washroom Equipment, Inc., Clifton Park, New York; Gamco Accessory Manufacturing Company, One Gamco Place, Durant, OK 74701, 1-800-451-5766, www.gamcousa.com.

2.2 MATERIALS

A. General: Stainless steel fabrication with #4 satin finish; surface mounting as indicated.

B. Towel Dispenser: Bobrick B626 Classic Series Surface-Mounted

1. Construction:

a. Unit shall be fabricated of type 304 stainless steel with exposed surfaces #4 satin finished, all welded construction.

b. Extra heavy-duty 22-guage door, warp free, hung on continuous stainless steel piano hinge and fitted with tumbler lock.

c. Top and bottom edges hemmed for safe handling.

2. Capacity:

a. Capacity shall allow 400 C-fold towels or 525 multi-fold towels.

3. Overall Dimensions:

a. 10-3/16"W x 14-1.16"H x 3-15/16"D.

4. Wall Opening:

a. NA Surface Mounted

C. Toilet Tissue Dispensers: Gamco TTD-6

1. Construction:

a. Cabinet - shall be fabricated of 18" and 22 gauge 18-8 type 304 stainless steel with exposed surfaces #4 satin finished and shall be all welded construction.

b. Door - shall be fabricated of 18 gauge 18-8 type 304 stainless steel with exposed surfaces #4 satin finished. Door shall be attached with heavy duty rivets and shall be fitted with a tumbler lock.

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c. Flange: shall be one-piece seamless flange fabricated of 22 gauge, 18-8 type 304 stainless steel with #4 satin finish with 90 degree return for extra rigidity.

d. Dispensing Mechanism and Inner Cabinet - shall be fabricated of 18 gauge and 22 gauge 18-8 type 304 stainless steel.

e. Spindles - shall be one piece molded ABS polyethylene with stainless steel tips to prevent damage when roll automatically drops in place. Roller cannot be removed when door is locked.

f. Toilet tissue rolls to be loaded and locked into dispensing mechanism. Extra roll shall automatically drop into place after bottom roll is depleted. Depleted rolls can only be removed after door is unlocked.

2. Capacity: Unit shall hold two standard-core toilet tissue rolls up to 5-1/4" in diameter (1,800 sheets).

3. Overall Dimensions: 7-3/4"W x 12-7/8"H x 6"D.

D. Soap Dispenser: Gamco-736AP.

1. Construction: Fabricated 18-8 gauge type 304 stainless steel. All welded construction with exposed surfaces having a #4 satin finish. One piece seamless door construction. EXTRA HEAVY 18 gauge with 5/8" return for rigidity. Door is mounted to cabinet with continuous stainless steel piano hinge, and fitted with tumbler lock. Non-corroding valve dispenses viscous soaps, synthetic detergents and antiseptic solutions. Provided with sight glass indicator.

2. Capacity: 48-ounce soap dispenser filled by opening door.

3. Overall Dimensions: 10"W x 5-7/8"H x 3-34" min D

4. Wall Opening: 8-3/4"W x 4-1/2"H x 3-3/4" min D

E. Straight Grab Bars: Gamco Concealed Flange "C"

1. Tubing:

a. Grab bars shall be fabricated of 18 gauge type 304 stainless steel. Exposed surfaces shall be polished to a #4 satin finish.

2. Concealed Flanges:

a. Concealed flanges shall be 5/8" deep and shall be 11 gauge type 304 stainless steel, 3" in diameter furnished with 3 stainless steel set screws and one back plate.

b. Flanges and center posts are heliarc welded to tubing.

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F. Mirror Unit, ADA-Compliant: Gamco FT-Series

1. Construction:

a. Mirror frame shall be fabricated of 18-8 type 304 heavy gauge stainless steel.

b. Corners shall be heliarc welded and ground smooth.

2. Back Panel:

a. Back panel shall be fabricated of galvanized steel with tab lock.

b. Shock absorbing material shall be placed between mirror and back panel.

3. Mirror Glass:

a. Mirror glass shall be of first quality, shall have an electrolytic copper back, and shall be 1/4" plate/float glass.

b. Mirror shall be guaranteed against silver spoilage for 25 years.

c. Mirror shall meet and exceed federal specifications DD-M-00411B & C.S. 27.

4. Unit shall be replaceable in field.

G. Mirror Unit, Standard: Gamco C-Series

1. Construction:

a. Mirror Frame shall be fabricated of stainless steel 22 gauge one piece roll formed channel 1/2" x 1/2" x 1/2" with mitered corners.

2. Back Panel:

a. Back panel shall be fabricated of galvanized steel with tab lock and slots formed to receive wall hanger tabs.

b. Shock absorbing material shall be placed between mirror and back panel.

3. Mirror Glass:

a. Mirror glass shall be of first quality, shall have an electrolytic copper back, and shall be 1/4" plate/float glass.

b. Mirror shall be guaranteed against silver spoilage for 25 years.

c. Mirror shall meet and exceed federal specifications DD-M-00411B & C.S. 27.

4. Unit shall be replaceable in field.

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H. Fasteners: Stainless steel where exposed; may be galvanized steel where concealed. Provide spanner head design where exposed.

1. All other locations: Stainless steel where exposed, may be galvanized steel where concealed. Provide spanner head design where exposed.

3.0 EXECUTION

3.1 INSTALLATION

A. General: Install assemblies in accordance manufacturer’s printed instructions and approved submittals in proper relation with adjacent construction and with uniform appearance. Coordinate with Work of other Sections.

1. Conceal evidence of drilling in partitions for mounting accessories.

2. Restore damaged finishes and test for proper operation of each accessory. Clean and protect work from damage.

B. Towel Dispenser and Waste Receptacle Combination:

1. Check Drawings and coordinate with Mechanical and Electrical Engineers to avoid protrusion from opposite wall, pipes, conduits, electrical wiring, etc.

2. Provide framed wall opening; recessed depth required from finish face of wall is 4".

3. Provide filler, if necessary, to prevent a gap from finished wall and flange of unit.

4. Access to towels shall be 40" above finish floor to allow for forward and side reach.

5. Unit shall not project more than 4" from the wall.

6. Unit shall be operable with one hand and without tight grasping, pinching, or twisting of the wrist.

C. Toilet Tissue Dispenser:

1. Provide framed wall opening with recessed depth from finish face of wall 3-3/8". Coordinate with work of other trades to avoid protrusion from opposite wall, pipes, conduits, electrical wiring, etc.

2. Toilet tissue rolls should be mounted with forward edge no more than 36" from the back of wall of stall. Unit should be mounted 37" from finish floor to top of unit. All toilet tissue dispensers should be mounted with horizontal centerline of dispensing roll at least 19" above the finished floor.

D. Toilet Seat Cover Dispenser:

1. Check plans and coordinate with Mechanical and Electrical engineers to avoid protrusion from opposite wall, pipes, conduits, electrical wiring, etc.

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2. If installing in plaster wall, recommend grounding. If installing where unit projects above top of wainscot, provide filler to prevent gap from finished wall and flange of unit. If installing in block walls, use metal expansion shields.

E. Soap Dispenser:

1. Mounting location for push button dispensers is 40" max from controls above the finish floor.

2. Push buttons and pistons should be operable with one hand and without tight grasping, pinching, or twisting of the wrist.

3. Activation of soap valves should not require more than 5 pounds of force when unit is completely filled.

F. Grab Bars:

1. Clearance shall be the distance between finished wall surface and the inner edge of the tubing.

2. Standard clearance furnished is 1-1/2".

3. The required mounting height is 33" from centerline of the grab bar to the finish floor.

4. Grab bars should be installed on back wall and 42" horizontal; grab bar installed side wall or partition stall.

5. Grab bars shall withstand 1300 lbs. of downward pull.

G. Mirror Units:

1. Bottom edge of reflective surface should be mounted no higher than 40" above the finish floor.

2. Unit shall be surface-mounted and shall install on a concealed wall hanger that locks into place. (Refer to wall instructions to locate mirror wall hangers.)

3. Secure unit to wall with 4 # 10 x 1-1/2" flat head full-threaded screws.

4. To remove unit from wall, see slide key instructions.

END OF SECTION

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