specifications and other - acgov.org · 2007-04-04 · specifications and other bidding and...

SPECIFICATIONS AND OTHER BIDDING AND CONTRACT DOCUMENTS

ALAMEDA COUNTY PROJECT #7012 PROPERTY AND SALVAGE YARD COVER

18501 Foothill Drive San Leandro, CA 94578

ALAMEDA COUNTY

GENERAL SERVICES AGENCY TECHNICAL SERVICES DEPARTMENT

1401 LAKESIDE DRIVE OAKLAND, CALIFORNIA

Gerald Loeper TECHNICAL SERVICES DEPARTMENT

1401 LAKESIDE DRIVE, Suite 800 510-208-9825 OFFICE 510-208-3995 FAX

MANDATORY PRE-BID SITE VISIT AND MEETING: 10:00 AM on THURSDAY, APRIL 19, 2007 Property and Salvage Yard

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012

ALAMEDA COUNTY GENERAL SERVICES AGENCY

{CPM07N701200000 PROPERTY AND SALVAGE YARD COVER}

TABLE OF CONTENTS

DIVISION 0 BIDDING REQUIREMENTS 00020 Notice to Bidders 00100 Instructions to Bidders 00150 Bidders Responsibility Statement 00240 Asbestos and Lead Data 00300 Bid Form 00411 Bid Bond 00420 Contractor’s Registration Form 00430 Sub-Contractors List 00480 Construction Outreach Program 00481 Non-Collusion Affidavit DIVISION 0 CONTRACT FORMS 00510 Agreement 00520 Escrow Agreement for Security Deposits in Lieu of Retention 00530 Agreement and Release of Any and All Claims 00540 Notice of Award 00550 Notice to Proceed 00610 Construction Performance Bond 00620 Construction Labor and Materials Payment Bond DIVISION 0 CONDITIONS OF THE CONTRACT 00700 General Conditions 00810 Supplemental General Conditions 00811 Supplemental GC Haz-Mat 00822 Apprenticeship Program DIVISION 1 GENERAL REQUIREMENTS 01000 Summary of Work 01010 Phasing and On-Site Requirements 01036 Request For Information 01040 Coordination 01060 Regulatory Requirements 01061 Regulatory Requirements – Hazardous Waste 01090 References and Definitions 01200 Project Meetings 01300 Submittals 01310 Project Schedules and Reports 01400 Quality Control 01500 Temporary Construction 01530 Temporary Barricades 01560 Noise Control 01630 Substitutions and Product Options

(Rev. 9/19/06) 00003 - 1 TABLE OF CONTENTS


01700 Contract Close Out 01710 Project Cleaning 01720 Project Record Document 01740 Warranties DIVISION 2 SITE WORK This section not used DIVISION 3 CONCRETE 03300 Cast-In-Place Concrete DIVISION 4 MASONRY This section not used DIVISION 5 METALS This section not used DIVISION 6 WOOD & PLASTIC This section not used DIVISION 7 THERMAL & MOISTURE PROTECTION This section not used DIVISION 8 DOORS & WINDOWS This section not used DIVISION 9 FINISHES This section not used DIVISION 10 SPECIALTIES This section not used DIVISION 11 EQUIPMENT This section not used DIVISION 12 FURNISHINGS This section not used DIVISION 13 SPECIAL CONSTRUCTION This section not used DIVISION 14 CONVEYING SYSTEMS This section not used DIVISION 15 MECHANICAL This section not used DIVISION 16 ELECTRICAL This section not used

(Rev. 9/19/06) 00003 - 2 TABLE OF CONTENTS

Rev: 1/19/07 00020 - 1 NOTICE TO BIDDERS

SECTION 00020 NOTICE TO BIDDERS

The County of Alameda General Services Agency (GSA) Purchasing Department will receive sealed bids at 1401 Lakeside Drive, 9th. Floor, Oakland, CA, until 2:00 p.m., on Friday, May 4th , 2007, for the project described as:

PROJECT CPM07N701200000

Property and Salvage Yard Cover 15801 Foothill Blvd, San Leandro CA

Detailed plans and specifications, information to bidders, proposal forms, and other bidding and contract documents may be obtained through East Bay Blueprint, 1745-14th Avenue, Oakland CA 94606, (510-261-2990). Cost of reproduction shall be paid directly to printer and will not be refundable. Plans and specifications may be viewed at no charge at any of the Plan Rooms listed on Attachment 1 to this Notice to Bidders. Technical questions on construction and questions on contract may be answered by Gerald Loeper, Supervising Architect, (510) 208-9825. Hazardous Materials Abatement questions may be answered by Jason Garrison, Environmental Project Manager, (510) 208-9520. There will be a mandatory on-site pre-bid walk and conference at 10:00 a.m. on Thursday, April 19th, 2007. Proposals received from Contractors who do not attend will not be considered. There will be a second non-mandatory bid conference held to provide an opportunity for prime and sub-contractors to network and develop the partnering relationships that are strongly encouraged for participation in this project as described in the bid documents. Information distributed and discussed at the initial mandatory on-site pre-bid walk and conference will be repeated at the second non-mandatory bid conference. The bid conferences will be held as follows: Date and Time Location

Initial (Mandatory) On-Site Pre-Bid Walk

Thursday, April 19th , 2007 at 10:00 a.m.

Property and Salvage Yard 15801 Foothill Blvd San Leandro, CA

Second (Non-Mandatory) Bid Conference

Friday, April 20th, 2007 at 10:00 a.m.

Lakeside Building 1401 Lakeside Drive #827 Oakland, CA

The successful bidder, among other requirements, must (1) comply with Section 1770 of the Labor Code regarding prevailing wages for workers, and copies of such wage rates can be viewed at: http://www.dir.ca.gov/DLSR/PWD/Northern.html; and (2) pursuant to Section 3300 of the Public Contract Code, Contractor must possess a Class B license(s) as well as any other applicable licenses as required to perform this work, at the time the contract is awarded. The estimated construction cost for this project is in the range of $90,000. All bids must be accompanied by a deposit equal to ten percent (10%) of said base bid. The successful bidder, pursuant to Section 22300 of the Public Contract Code, is permitted to substitute securities for any moneys withheld to ensure performance of the contract. Alameda County has recently revised its construction outreach program (COP) for projects over $100,000.00. Bidders are strongly encouraged to review the guidelines for this Program outlined in the Project Specifications and to begin their outreach efforts prior to the initial mandatory project job walk. The list of bidders solicited for this project include but are not limited to all those construction contractors listed in the GSA Small, Local & Emerging Program Vendor Query database located at http://www.acgov.org/jsp_app/gsa/sleb/query/slebmenu.jsp. The Board reserves the right to reject any or all bids, or to waive for the benefit of the County, technical defects in a bid. BY ORDER OF THE BOARD OF SUPERVISORS, COUNTY OF ALAMEDA, STATE OF CALIFORNIA ON _________________________________ Crystal K. Hishida Graff, Clerk of the Board of Supervisors County of Alameda, State of California Attachment

Rev: 1/19/07 00020 - 2 NOTICE TO BIDDERS

Attachment 1A. PLAN ROOM ADVERTISING LIST (BOCO: Fax Notice to Bidders / Project Managers: Send Plans & Specification Packages)

1 BPS Reprographics I/C Sub-Hub 1700 Jefferson Street Oakland, CA 94612 Phone: (510) Fax: (510) 444-1262 Email: [email protected]: Fax Notice to Bidders TSD: Send CD Plans/Specs

2 Builders Exchange of Alameda County** 3055 Alvarado Street San Leandro, CA 94577 Phone: (510) 483-8880 Fax: (510) 352-1509 Email: [email protected]: Fax Notice to Bidders TSD: Send Hard Copy Plans/Specs

3 Builders Exchange

850 South Van Ness Avenue San Francisco, CA 94110 Phone: (415) 282-8220 Fax: (415) 821-0363 Email: [email protected]: Fax Notice to Bidders TSD: Send CD Plans/Specs

4 Contra Costa Builders Exchange 2440 Stanwell Drive, Suite B Concord, CA 94520 Phone: (925) 685-8630 Fax: (925) 685-3424 Email: [email protected]: Fax Notice to Bidders TSD: Send CD Plans/Specs

5 Mecca Management & Ins. Agency

1924 Franklin Street, Suite 315 Oakland, CA 94612 Phone: (510) 272-0736 Fax: (510) 272-9229 Email: [email protected]: Fax Notice to Bidders TSD: Send CD Plans/Specs

6 Mc-Graw – Hill Construction** 130 Doolittle Drive, Suite 1 San Leandro, CA 94577 Phone: (510) 636-1812 Fax: (510) 636-1858 BOCO: Fax Notice to Bidders TSD: Send Hard Copy Plans/Specs

7

Small Business Exchange 703 Market Street, Suite 1000 San Francisco, CA 94103 Phone: (415) 778-6250 Fax: (415) 778-6255 Email: [email protected]: Email Notice to Bidder TSD: Do Not Send Plans/Specs

8 County of Alameda Current Contracting Opportunities Website located at http://www.acgov.org/jsp_app/gsa/purchasing/bid_content/contractopportunities.jsp BOCO: Post project plans and specs

8 Reed Construction Data** (previously Daily Const. Service) – Online/Electronic Plan Room

30 Technology Parkway South, Suite 500 Norcross, GA 30092-2912 Phone: (510) 324-8738 (Local Address: 80 Swan Way, #130, Oakland, CA 94621 Fax (Addenda only): (800) 303-8629 Fax (Notice to Bidders/IFB): (800) 642-2437 Email (addenda only): [email protected] requests to advertise to above address/fax/phone- Local Email: [email protected] (EPR: http://www.reedconstructiondata.com) BOCO: Email Notice TSD: Send CD Plans/Specs

**Construction trade journals specified for alternate bidding procedures for projects between $25,000 and $100,000 minimum advertising requirements. County policy is to post all construction projects over $25,000 in all listed Plan Rooms, Press/Newspaper Publications and Local Chambers of Commerce/Trade Organizations

mailto:[email protected]






http://www.acgov.org/jsp_app/gsa/purchasing/bid_content/contractopportunities.jsp

http://www.acgov.org/jsp_app/gsa/purchasing/bid_content/contractopportunities.jsp



http://www.reedconstructiondata.com/


SECTION 00100

INSTRUCTIONS TO BIDDERS Bids are requested for a general construction contract, or work described in general, as follows:

COUNTY OF ALAMEDA PROJECT # 7012 PROPERTY AND SALVAGE YARD COVER

1. RECEIPT OF BIDS. County will receive sealed bids from Bidders until 2:00 p.m., on Friday, May 4th, 2007

Sealed bids are to be delivered to County of Alameda, General Services Agency, Purchasing Department, located at 1401 Lakeside Drive, 9th Floor, Oakland, California. County will reject any bid received after this date and time.

2. DETERMINATION OF APPARENT LOW BIDDER. Apparent low Bid will be based on the total amount

of all bid items and any additive or deductive alternates selected for award by County. All Bidders are required to submit Bids on all bid items and additive and deductive alternates.

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

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

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

corporate surety bond of not less than ten percent (10%) of amount bid, including additive alternates, payable to County. County will reject as non-responsive any bid submitted without the necessary bid security.

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

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

6. REQUIRED NON-COLLUSION AFFIDAVIT. Bidders must submit with their bids Section 00481 Non-

collusion Affidavit. County will reject as non-responsive any bid submitted without the Non-collusion Affidavit.

7. PRE-BID CONFERENCE AND SITE VISIT. County will conduct a MANDATORY Pre-bid Conference

and Site Visit, for all Bidders to clarify such matters as Bidders may request. The site visit shall be held at 10:00 a.m. on April 19, 2007, at the Project’s site. The bid conference will be held at Lakeside Building, 1401 Lakeside Drive, #827, Oakland Ca. Bids received from Prime Contractors who do not attend the mandatory bid walk(s) will not be considered.

County will transmit to all prospective Bidders of record such Addenda, as County in its discretion considers

necessary in response to questions arising at the Pre-bid Conference. Oral statements shall not be relied upon and will not be binding or legally effective.

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

Documents and complete understanding of the nature, extent and location of Work to be performed. Bidder must complete the tasks listed in Section 00510 (Agreement), Article V, as a condition to bidding, and

Rev. 9/19/06 00100 - 1 INSTRUCTIONS TO BIDDERS


submission of Bid shall constitute the Bidder's express representation to County that Bidder has fully completed these tasks.

9. EXISTING DRAWINGS AND GEOTECHNICAL DATA. Bidders may examine any available existing

drawings of previous work by giving the Project Manager, reasonable advance notice. County will not be responsible for accuracy of existing drawings or geotechnical data.

10. ADDENDA. Bidders must direct all questions about the meaning or intent of the Contract Documents to

County's Project Manager or assigned Agent. Interpretations or clarifications considered necessary by the Project Manager in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Project Manager as having received the Bidding Documents and/or attended Bid Walk. Addenda shall be written and will be issued to each Bidder by either certified mail to the address supplied to County by the Bidder, or by facsimile (with telephone confirmation of receipt) as directed by the Project Manager. Questions received less than seven (7) days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

a. The County reserves the right to amend the Bidding Documents and Contract Documents at any time

before opening Bids. County will issue all such amendments and/or interpretations by written Addenda issued to all Prospective Bidders of Record (Planholders) either by certified mail to the address they supplied to the County, by facsimile (with telephone confirmation of receipt), or as directed by Project Manager. Failure of any prospective bidder to receive Addenda shall not relieve the bidder from any obligation imposed by such Addenda. Bidders shall list all Addenda on the Bid Form by number; County will deem non-responsive any bid not listing all Addenda.

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

complete listing of Addenda may be secured from the Project Manager. 11. SUBSTITUTIONS. Bidders must base their bids on products and systems specified in the Contract Documents

or listed by name in Addenda. Contractors and materials suppliers may submit substitution requests for pre-bid approval. Requests must be received by the Project Manager not less than ten (10) days before the bid opening.

a. Submittals of substitution requests shall contain sufficient information, as set forth in Specification

Section 1630, to assess acceptability of product or system. Insufficient information shall be grounds for rejection of substitution requests.

b. Approved substitutions shall be listed in Addenda. County reserves the right not to act upon submittals of

substitution requests until after bid opening. c. Substitutions may be requested after the Contract is signed in accordance with requirements specified in

Section 00700 General Conditions and Specifications Section 01630. 12. WAGE RATES. Copies of the general prevailing rates of per diem wages for each craft, classification, or type

of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the bid documents and can be viewed at: http://www.dir.ca.gov/DLSR/PWD/Northern.html.

13. CONSTRUCTION OUTREACH PROGRAM. The County is vitally interested in promoting its construction

contracting opportunities to local and small businesses. Bidders are hereby notified that the GSA Construction Outreach Program (COP) applies to construction projects over $100,000. COP goals are currently approved by the Board on a project by project basis. COP goals for recently approved projects over $100, 000 are as follows:

a. 60% Local Business Participation • a local business in one that is located within Alameda County and that has been issued a

business license by a city within the County at least six months prior. Local participation may be comprised of general and sub-contractor participation


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 b. 20% Small Local Business Participation

• a small local business is on that meets the definition of local above and the current State of California definition which in less than $10 million in gross annual revenues over the last three years and less than 100 employees

c. 15% Minority Business Enterprise (MBE) Subcontractor Participation • MBE for purposes of the GSA COP is a Small Business as defined by the State of California

that is 51% owned by one or more minority persons, or in the case of a publicly owned business, at least 51% of all issued stock is owned by one or more minority persons and whose management and daily operations are controlled by one or more such individuals.

• The 15% MBE participation goal must be subcontracted and must be in addition to the WBE participation goal below

• MBEs must be certified or recognized as such by organizations whose certification is accepted by the State Department of Transportation or other local agencies accepted by the County of Alameda

• MBEs are not required to be local or in addition to the local and small local COP goals d. 5% Women-owned Business Enterprise (WBE) Subcontractor Participation

• WBE for purposes of the GSA COP is a Small Business as defined by the State of California that is 51% owned by one or more women, or in the case of a publicly owned business, at least 51% of all issued stock is owned by one or more women and whose management and daily operations are controlled by one or more such individuals.

• The 5% WBE participation goal must be subcontracted and must be in addition to the MBE participation goal above

• WBEs must be certified or recognized as such by organizations whose certification is accepted by the State Department of Transportation or other local agencies accepted by the County of Alameda

• WBEs are not required to be local or in addition to the local and small local COP goals e. The County strongly encourages the hiring of local apprentices, youth, unemployed and underemployed County residents to complete the work required for this project. Even if the COP goals are not required for this project, the County strongly encourages all contractors to

participate with small local firms, to subcontract with minority and women-owned business enterprises and to hire local apprentices, youth, unemployed and underemployed County residents to complete the work required for this project and to include documentation evidencing any such participation in their bid response provides for the participation of Minority/Women Owned Business Enterprise (M/WBE) firms or the bidder must meet the good faith effort criteria. For County projects, the good faith effort is specified in Section I of the Construction Outreach Program. The goal for participation by M/WBE's (subcontractors suppliers and/or truckers) is 20% (15% Minority Business Enterprise - 5% Women Business Enterprise) of the total contract amount. Suppliers that are not manufacturers will count as 60% of their value furnished toward M/WBE goal. Suppliers that are manufacturers (substantially modify the product) e.g., concrete, will count as 100% of their value toward the M/WBE goal.

Minority / Women Owned Business Enterprise (M/WBE) firms must be certified by State Department of

Transportation (Caltrans) or by local agencies identified by the County of Alameda to have effective certification programs prior to bid opening

Within two days after the bids are opened, but not later than 2:00 p.m. on the second business day following bid

opening, the two apparent low bidders will provide the General Services Agency with the total dollar amount to be subcontracted; including trucking and suppliers and/or full documentation of the Contractor's good faith effort as detailed in the Construction Outreach Program section of the Project Specifications. The Contractor will also provide individual dollar amounts going to M/WBE firms listed in the Bid Proposal on the sheet titled M/WBE Bid Information. The information supplied by the bidders shall be certified by a principal of the firm. Dollar amounts will be treated as proprietary, and will be solely for the use of County staff. M/WBE Bid Information sheet and supporting documentation are to be submitted to the General Services Agency, 1401 Lakeside Drive, Oakland,



California 94612, no later than 2:00 pm, two business days after the bid opening. Any contract for this project will be awarded to the lowest responsible bidder.

Bidders are hereby notified that the Project Specifications include a Non-Discrimination Clause which requires the

Contractor to whom the contract is awarded to assure compliance with the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation or national origin, age, religion, Vietnam Era Veteran's status, political affiliation, or any other non-merit factors be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination; and to take positive actions to employ minority and/or female workers.

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

delivered to General Services Agency, Purchasing Department, 1401 Lakeside Drive, Ninth Floor, Oakland, California 94612. Bidder shall submit bid in an opaque, 10" x 13” envelope, sealed and marked as follows:

County of Alameda General Services Agency Attn: Gerald Loeper 1401 Lakeside Drive, 9th Floor Oakland, CA 94612 BID FOR COUNTY CONTRACT PROJECT #7012 Property and Salvage Yard Cover

Bids must contain the following, fully executed documents: a. Section 00300 (Bid Form), only. All alternates will be listed randomly and the priority of the selection

announced prior to the opening of bids. b. Cashier's check, certified check, or corporate surety bond of not less than 10% of the amount bid,

including additive alternates. Bidder and its surety must execute Section 00411, if submitted. c. Section 00430 Subcontractors List: If Bidder intends to employ subcontractors; Bidder must furnish the

information required on this form, in accordance with instructions contained in these forms. d. Section 00481 Non-collusion Affidavit: subscribed and sworn before a notary public. 15. BID OPENING. County shall time-stamp bids on receipt, and shall open bids bearing a time stamp showing

their receipt up to and including the time and date specified. Bids will be opened in a designated conference room at County offices following close of bid.

16. POST-NOTICE OF AWARD REQUIREMENTS. The Apparent Low Bidder's failure to properly and timely

submit the following documents entitles County to reject the bid as non-responsive. a. Submit the following documents to the Project Manager by 5 o'clock p.m. of the TENTH (10th) business

day following NOTICE OF AWARD. Award of contract depends upon approval of these documents: 1) Section 00510 Agreement: To be executed by successful Bidder. Submit five (5) copies,

each bearing an original signature. 2) Section 00610 Construction Performance Bond: To be executed by successful Bidder and

Surety, in the amount set forth in Section 00700, Paragraph 4. 3) Section 00620 Construction Labor and Material Bond: To be executed by successful

Bidder and Surety, in the amount set forth in Section 00700, Paragraph 4. 4) Insurance Certificates and Endorsements required by Section 00700 General Conditions

Paragraph 4.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 5) See Section 00810 Supplementary General Conditions Item 3, 15.1.4 Contract time. Refer

to this section regarding substantial completion and final completion. b. Upon receipt of the Notice of Award, the Apparent Low Bidder and each of its subcontractors who

employs workers in any apprenticeable craft or trade shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade for a certificate approving the contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices, in accordance with section 1777.5 of the California Labor Code.

c. County shall have the right to directly contact the performance bond Surety proposed by the Apparent

Low Bidder to confirm the performance bond. 17. BID PROTEST. Any bid protest must be submitted in writing to the Project Manager, before 5 o'clock p.m. of

the fifth (5th) business day following the date noted on the notice to bidders of non-acceptance of bid and County’s recommendation to award a contract bid opening.

a. The initial protest document must contain a complete statement of the basis for the protest. b. The protest must refer to the specific portion of the document which forms the basis for the protest. c. The protest must include the name, address and telephone number of the person representing the

protesting party. d. The party filing the protest must concurrently transmit a copy of the initial protest document and any

attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

e. The procedure and time limits set forth in this paragraph are mandatory and are the Bidder's sole and

exclusive remedy in the event of Bid protest. The Bidder's failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

18. BID EVALUATION. County reserves the right to reject any or all Bids, including without limitation, the right

to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids, re-bid, and to reject the Bid of any Bidder, if County believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by County. County also reserves the right to waive informalities, inconsequential deviations or minor irregularities not involving price, time or changes in the Work, to the fullest extent permitted by law. For purposes of this paragraph, an "unbalanced bid" is one having nominal prices for some work items and enhanced prices for other work items.

a. In evaluating Bids, County will consider the qualifications of Bidders, whether or not the Bids comply

with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

b. County may conduct such investigations as County deems necessary to assist in the evaluation of any Bid

and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to County's satisfaction within the prescribed time. County shall have the right to communicate directly with Bidder's Surety regarding Bidder's bonds.

c. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the

unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum



thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of the words.

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

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

20. COP/EEO COMPLIANCE: Prior to the issuance of the Notice to Proceed, the apparent low bidder and its

known principal contractors including, but not limited to, those performing major items of work such as heating, electrical, and plumbing, may be required to attend a conference for the purpose of formulating a construction outreach program relating to equal employment opportunity.

210. AWARD. If the contract is to be awarded, it will be awarded to the lowest responsible responsive Bidder. END OF SECTION



February 6, 2007 00150 - 1 BIDDER RESPONSIBILITY DETERMINATION

SECTION 00150 BIDDER RESPONSIBILITY DETERMINATION 1. This Section establishes the County's minimum requirements for bidder qualifications and summarizes the

procedures by which the County will evaluate the low, responsive bid(s) for conformance with these minimum standards and make award for:

COUNTY OF ALAMEDA PROJECT #7012

Property and Salvage Yard Cover 15801 Foothill Blvd

San Leandro, CA 94578 2. (Not Used). 3. Bidders shall submit Bids as required by Section 00100 (Instructions to Bidders). Bids will be opened and

initially evaluated according to the following sequence: a. County will assemble all Bids on the bid table unopened. b. For each Bid, County will read aloud the name of its submitter, assign it a Bid Number, and then open

its Bids and preliminarily check the enclosures for responsiveness to the requirements of the Section 00100 (Instructions to Bidders).

c. The County will then determine the Apparent Low Bidder based upon each responsive Bidder's

Schedule of Bid Prices contained in Section 00300. Bidder whose Bid is found responsive initially and whose Total of All Bid Prices value is the lowest of all such values shall be declared the Apparent Low Bidder.

d. Initial determinations of Apparent Low Bidder at this time will not be final. Detailed evaluations will

be made subsequently, following evaluation of Bidder's Qualifications. 4. The Apparent Low Bidder, and his listed major subcontractors, as defined in Section 00430, shall submit the

following "Qualifications Statement" to County within two business days of Bid Opening:

Qualifications Statement The contents, format and numbering convention of Bidder's Qualification Statement shall follow the

instructions below and demonstrate the minimum bidder responsibility requirements specified below. a. Bidder Identifying Information and Qualifications Forms Include an additional copy of Section 00300 (Bid Form) and an additional copy of Section 00430

(Subcontractor and Sub-consultant List). Bidder and each member of any proposed consortium or joint venture shall separately complete and include Section 00420 Contractor Registration Form. This form shall be completed with comprehensive answers to all questions.

b Capability to Provide Required Performance and Payment Bonds Bidder shall include a letter from a Surety duly licensed to do business in the State of California,

having a financial rating from A. M. Best Company of A-1 VII or better, that the Surety has agreed to provide Bidder with the required performance and payment bonds specified in Sections 00610 and 00620. (Bidder shall be deemed to have consented to County verifying with the Surety that it will, based upon the Bid prices and the contract, issue the required performance and payment bonds.)

c. Capability to Provide the Required Insurance



Bidder shall provide a letter from an insurance underwriter(s) confirming that the insurer will provide

Bidder the required coverages and amounts specified in Section 4 of the General Conditions, Section 00700.

d. Direct Experience with fabric roof structures and Experience with Similar Projects Bidder shall describe its and each key member firm of the proposed team's (including joint venture

partners, major subcontractors, sub-consultants and key personnel proposed) direct experience with the fabric roof structures and similar projects during the five years preceding the Bid, and technical and organizational resources available to perform the work of the Contract (including scheduling). Bidder shall describe how this experience qualifies these parties to accomplish their proposed roles for which they will be responsible.

Bidder's listing of previous contracts shall include the following data for each: 1. Project name and location; 2. Client name/address/contact person/telephone number; 3. Project start and completion dates; 4. Contract Amount; 5. Project description, including aspects comparable with the (specify type) Project, square

footage,. 6. Names of key team members (firms) involved and specific experience said team member gained

from the project; and f Resumes of Proposed Key Personnel Provide a resume for each named key personnel of Bidder, including but not limited to, Bidder's

proposed project manager and project superintendent, and Bidder's major subcontractors and sub-consultants, to include the following:

1. Name and proposed assignment, 2. Years of experience, 3. Education - degrees, schools and years obtained, 4. Professional registration, 5. Fluency in English, 6. Experience directly related to above proposed assignment, and 7. At least two client references names/addresses/telephone numbers. 5. Evaluation of Bidder Responsibility The County will receive and review the Apparent Low Bidder's Qualifications Statement and check its

contents for compliance with Section 4 above. County will notify the Apparent Low Bidder in writing of any deficiencies found and will provide Bidder the opportunity to respond in writing with reasonable clarifications but will not allow any changes in the nature of Bidder as a business entity.

In determining Bidder's responsibility, the County may consider information provided by sources other than

Bidder and conduct such investigations as the County deems necessary to assist in the evaluation of Bidder's responsibility, qualifications and financial ability, as well as proposed subcontractors, suppliers and other persons and organizations, and safety records. Bidder consents to such inquiries.

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



a. Ability to secure, in accordance with this Document, the required form of Performance Bond Payment Bond and other legally required bonds.

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

required letter and certificate from insurer. c. Evidence that Bidder and its team have the human and physical resources of sufficient quantity and

quality to perform the Contract in a timely and specification compliant manner, to include: 1. Bidder shall possess a contractor's license as required in the notice to bid, in good standing with

the California State Contractor's License Board. Said license, and any other contractor's license owned by the bidder or any principal of the bidder, must not have been suspended or revoked within five (5) years immediately preceding the date of the bid.

2. Bidder shall have had an accident frequency and severity rate no greater than that experienced in the major heavy building construction industry as reported by the United States Department of Labor, Bureau of Labor Statistics within each of the five years immediately preceding the date of the Bid.

3. Ability to supply a project superintendent that has successfully completed at least one project of similar scope or more, located in California, in the last five years, or comparable experience.

4. All major subcontractors, as defined in Section 00430, shall have experience and successfully completed one similar project or more, located in California, in the last 5 years.

5. In the event the Apparent Low Bidder fails to satisfy the County's qualifications criteria, then County will proceed to the next low bidder, who shall become the Apparent Low Bidder, and the process above shall repeat until an Apparent Low Bidder is selected that satisfies the County's stated qualifications criteria, or until bids expire without extension granted by the remaining bidders, or until County exercises its option to reject all bids.

6. If the Contract is awarded, it will be awarded to the lowest responsible responsive bidder, as further set forth in Section 00100. The County reserves the right to reject all bids and to waive inconsequential deviations in bids not involving time or price of performance.

END OF SECTION


SECTION 00300

BID FORM

COUNTY OF ALAMEDA PROJECT # 7012

PROPERTY AND SALVAGE YARD COVER

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the County of

Alameda (“County”) in the form included in the Contract Documents, Contract for Construction Services, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Contract Documents and the Notice to Bidders and the

Instructions to Bidders, including without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for ninety (90) calendar days after the day of Bid opening. Bidder will sign and submit the Contract for Construction Services with Bonds and other documents required by the Instructions to Bidders within ten (10) business days after receipt of County’s Notice of Award.

3. In submitting this Bid, Bidder represents: BIDDER’S NAME: a. Bidder has examined all of the Contract Documents and of the following Addenda (receipt of all of which

is hereby acknowledged).

Addendum # 1 2 3 4 5 6

Dated

b. The undersigned has inspected the site of the proposed work, has carefully examined the Contract

Documents and acknowledges their sufficiency, and has carefully examined the form of Contract which he/she will be required to sign should he/she be the successful Bidder, and, in that event, will execute the Contract for this work and perform all of its terms, covenants and conditions.

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

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

Schedule of Bid Prices

5. All bid items, including lump sums, unit prices, and additive alternates must be filled in completely. See Section

00100 for further description. Quote in words and numerals.

Base Bid, lump sum: Dollars

$ Numerals

6. Subcontractors are listed on the attached Section 00430 Subcontractors List.

(Rev. 9/19/06) 00300 - 1 BID FORM

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 7. The undersigned understands that County reserves the right to reject this Bid, but that this Bid shall remain open

and shall not be withdrawn for a period of ninety (90) calendar days from the date prescribed for its opening. 8. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered

to the Undersigned within ninety (90) calendar days after the date set for the opening of this Bid, or at any other time thereafter before it is withdrawn, the undersigned will execute and deliver the documents required by Section 00100 Instructions to Bidders including, but not limited to, Section 00510 Agreement, Section 00610 Construction Performance Bond, and Section 00620 Construction Labor and Material Bond, all within ten (10) business days after personal delivery or after receipt in the mails of the Notice of Award.

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

forth below. 10. The undersigned herewith encloses a cashier's check, certified check, or corporate Surety bond in the amount of

ten percent (10%) of the total of Bid Items made payable to: County of Alameda. 11. The undersigned agrees to commence work under this Contract on the date established in Section 00700 General

Conditions and to complete all work within the time specified in Section 00510 Agreement. 12. The undersigned agrees that, in accordance with Section 00700 General Conditions, Paragraph 15, liquidated

damages for failure to complete all work in the contract within the time specified shall be as set forth in Section 00510 Agreement.

13. The names of all persons interested in the foregoing Bid as principals are: (IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of

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

Name(s) of Bidder(s)

Licensed in accordance with an act for the registration of Contractors, and with license number: Signature of Bidder

Title

NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of

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

Address of Bidder

Telephone Number(s):

Date of Bid:

END OF SECTION

(Rev. 9/19/06) 00300 - 2 BID FORM


(Rev. 9/19/06) 00411 - 1 BID BOND

SECTION 00411 BID BOND KNOW ALL BY THESE PRESENTS: That the undersigned ______________________________________________________________[ Name of Contractor ] as Principal and the undersigned as Surety are held and firmly bound unto the County of Alameda, a public entity, as obligee, in the penal sum of Dollars ($_______________________________) lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal ___________________________________________[ Name of Contractor ]

is submitting a bid for the Alameda County Project #7012, Property and Salvage Yard Cover. THE CONDITION OF THIS OBLIGATION IS SUCH that if the bid submitted by the said Principal

_____________________________________________ be accepted and the contract be awarded to said Principal _____________________________________________ and said Principal _____________________________________________ shall within a period of ten (10) business days after such award enter into the contract so awarded and provide the required Construction Performance Bond and provide the required Construction Labor and Material Payment Bond, and timely provide all other endorsements, forms and documents required under Section 00100 Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, The above bounden parties have executed this instrument This __________ day of , 20_____. (Corporate Seal) By ___________________________________________ Principal ___________________________________________ Surety (Corporate Seal) By ___________________________________________ Attorney in Fact END OF SECTION


SECTION 00420 CONTRACTOR REGISTRATION FORM 1. INSTRUCTIONS

In order to register to undertake work for the County of Alameda, you must provide the following:

a. Fill out this registration form completely; do not leave blanks. b. Provide certificates of insurance complying with paragraph 4.2 of Section 00700 General Conditions and

Section 00810 Supplemental General Conditions. 2. INDEPENDENT CONTRACTOR REGISTRATION

Contractor’s License # _________________________ Issue Date: ________________________

Federal Tax I.D. # _______________________________

Full Corporate Name of Company: _______________________________________________________________

Street Address: _______________________________________________________________

_______________________________________________________________

Mailing Address: _______________________________________________________________

_______________________________________________________________

Phone: ___________________________ Fax: _______________________

Name Of Principal Contact: _______________________________________________________________

Type of Business: _______ Sole Proprietor _____ Partnership

_______ Non-Profit 501 C3 _____ Corporation 3. INSURANCE

Worker's Compensation:

Carrier: ______________________________________________________________

Address: ______________________________________________________________

Phone: ________________________________________

Policy Number: _______________________________

Issue Date: ____________________________________

(Rev. 9/19/06) 00420 - 1 CONTRACTOR REGISTRATION FORM


General Liability:

Carrier: ______________________________________________________________

Address: ______________________________________________________________

Phone: ________________________________

Policy Number: ________________________

Policy Limits: $ _________________________

Issue Date: _____________________________ 4. EXPERIENCE WITH COMPARABLE PROJECTS

The following statements and information of Bidder shall be submitted to the Project Manager, two days following the receipt of bids. The truthfulness and accuracy of the information shall be guaranteed by the Bidder. Bidder is required to possess California Contractor's license classification listed in the Notice to Bid to be awarded this contract.

a. Bidder's organization has been in business as a contractor under its present business

name for ________________years, from _____________________.

b. Bidder's organization has had experience in work comparable with that required under the proposed

contract, as a general contractor, ________________years; as a subcontractor ________________years.

c. Contractor's License Number, State of CA ________________________ Class____________.

d. Work similar in character to that required in the proposed contract, which bidder's organization has completed:

YEAR CLASS & LOCATION OF WORK AND FOR

WHOM PERFORMED CONTRACT AMOUNT

____________ ______________________________________ _______________________

____________ ______________________________________ _______________________

____________ ______________________________________ _______________________

e. Bidder refers to the following for information concerning work listed in “d” , above:

NAME TITLE ADDRESS

_____________________ ________________________ ___________________________

_____________________ ________________________ ___________________________

_____________________ ________________________ ___________________________



f. Bidder refers to the following bank(s) as to financial responsibility of bidder:

NAME OF BANK ADDRESS

_________________________________________ ___________________________________

_________________________________________ ___________________________________

g. Bidder refers to the following Surety company or companies as to the financial responsibility and

general reliability of the bidder:

NAME OF SURETY COMPANY ADDRESS

____________________________________ ___________________________________

____________________________________

___________________________________

____________________________________

___________________________________

5. SAFETY EXPERIENCE

The following statements and information of Bidder shall be submitted to the Project Manager, two days following the receipt of bids. The truthfulness and accuracy of the information shall be guaranteed by the Bidder.

a. List your firm's interstate Experience Modification Rate for the last three years.

20___; ________ 20___; __________ 20___; _______

b. Use your last year's Cal/OSHA 200 log to fill in the following number of injuries and illnesses:

1. Number of lost workday cases _______________

2. Number of medical treatment cases _______________

3. Number of fatalities _______________

c. Employee hours worked last year _______________

d. State the name of your firm's safety engineer/manager: ______________________________

e. Attach a resume or outline of this individual's (item “e”) safety and health qualifications and experience.

I CERTIFY, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IS CURRENT AND ACCURATE AND I AUTHORIZE THE COUNTY OF ALAMEDA TO OBTAIN A CREDIT REPORT AND/OR VERIFY ANY OF THE ABOVE INFORMATION. _______ ___________ SIGNATURE DATE END OF SECTION



(Rev. 9/19/06) 00430 - 1 SUBCONTRACTORS LIST

SECTION 00430 SUBCONTRACTORS LIST Bidder___________________________________ Bidder submits the following information as to the subcontractors Bidder will employ if awarded the contract.

Subcontractor's License No.

Name and City of Subcontractor

(1) (4)

Description of Work: Reference to Contract Items

(1)

Prices Under Subcontract

(2) (3)

State of California Contractor's

License

(2)

Appropriate Business License

(2)

(Bidder to attach additional sheets if necessary) (1) Submit this information with sealed bid. (2) This information shall be required of the two (2) apparent low bidders, no later than two days

following the bid opening. DO NOT SUBMIT WITH BID. (3) Dollar amounts will be treated as proprietary and will solely be for the use of County staff.

DO NOT SUBMIT WITH BID. (4) Submit full address of Subcontractors two days following bid opening.

END OF SECTION


(Rev. 9/19/06) 00481 NON-COLLUSION AFFIDAVIT

SECTION 00481 NON-COLLUSION AFFIDAVIT Public Contract Code § 7106 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) ss. COUNTY OF ALAMEDA ) _________________________________________________[ Name of Principal of Bidder ], being first duly sworn, deposes and says that he or she is _______________________________________[Office of Affiant] of ________________________________________[Name of Bidder], the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, and "that the bidder" has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the County, or anyone interested in the proposed contract; that all statements "contained" in the bid are true; and further, that Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ___________________________________________ ___________________________________________ Subscribed and sworn before me _____________________________________________________ This ______ day of _____________ , 20____ Notary Public of the State of _________________________________________________ (Seal) In and for the County of ____________________________________________________ My Commission expires ____________________________________________________ (If Bidder is a co-partnership, this affidavit must be signed and sworn to by every member of the firm.) (If Bidder's affidavit on this form is made outside the State of California, the official position of the person

taking such affidavit shall be certified according to law.) END OF SECTION

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 SECTION 00510 AGREEMENT THIS AGREEMENT, made this _______________day of ___________ 2007, by and between [CONTRACTOR], whose place of business is located at [ADDRESS], hereinafter called "CONTRACTOR", and the COUNTY OF ALAMEDA, STATE OF CALIFORNIA, a political subdivision of the State of California, acting by and through its Board of Supervisors, hereinafter called “COUNTY”.

Alameda County Project #7012 Property and Salvage Yard Cover

The plans, specifications, and Contractor’s bid proposal, as approved by the Board of Supervisors on [date],2007, for the aforesaid project, now on file with the General Services Agency, are hereby referred to as a more definite and distinct description of the work to be performed under this contract, and are hereby made a part of this contract as though fully set forth herein. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and County agree as follows: Article I. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in strict accord with the plans,

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

shall have the rights assigned to Architect/Engineer in the Contract Documents. 2.2 County has designated Gerald Loeper, to be the Project Manager, and assume all duties and responsibilities and

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

Article III. Contract Time and Liquidated Damages 3.1 Contract Time. The Work will be Substantially Complete within 30 calendar days from the date when the Contract Time

commences to run as provided in Section 00700 General Conditions and 00810 Supplementary General Conditions.

The Work will be Finally Complete and ready for final payment in accordance with Section 01700 (Contract

Closeout) 45 calendar days from the date when the Contract Time commences to run as provided in Section 00700 General Conditions and 00810 Supplementary General Conditions.

3.2 Liquidated Damages. County and Contractor recognize that time is of the essence of this Agreement and that County will suffer

financial loss in the form of contract administration expenses (including project management and consultant's expenses), if Work is not completed within the time specified above, plus any extensions thereof allowed in

Rev. 9/19/06 00510 - 1 AGREEMENT


accordance with the Contract Documents. Consistent with Paragraph 15.5.2 of Section 00700 General Conditions, Contractor and County agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by County because of a delay in completion of the Work. Accordingly, County and Contractor agree that as liquidated damages for delay Contractor shall pay County:

3.2.1 $200 for each day that expires after the time specified herein for Contractor to achieve Substantial

Completion, until Work is Substantially Complete; and, 3.2.2 $300 for each day that expires after the time specified herein for Contractor to achieve Final Completion,

until Work is Finally Complete. These measures of liquidated damages shall apply cumulatively and shall be presumed to be, except as provided

below, the damages suffered by County resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, lost revenues and

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

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

as follows: [CONTRACT PRICE, $XX,XXX) Article V. Contractor's Representations In order to induce County to enter into this Agreement, Contractor makes the following representations and warranties: 5.1 Contractor has visited the site and has examined thoroughly and understood the nature and extent of the Contract

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

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

as built-drawings, drawings or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Section 00220 Geotechnical Data and Existing Conditions, or which may appear in the Drawings, and accepts the determination set forth in these documents and Section 00700 General Conditions of the limited extent of the information contained in such reports and drawings upon which the Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings.

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

tests, reports and studies (in addition to or to supplement those referred to in Article 5.2 above) which pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or contiguous to the site or otherwise which may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.

Rev. 9/19/06 00510 - 2 AGREEMENT

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,

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

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

Article VI. Contract Documents The Contract Documents which comprise the entire agreement between County and Contractor concerning the Work consist of the following: 6.1 Contract Documents consist of the following documents, including all changes, addenda and modifications

thereto, as listed on Section 00003 Table of Contents: Section 00510 Agreement Section 00530 Agreement and Release of Any and All Claims Section 00540 Notice of Award Section 00610 Performance Bond Section 00620 Labor and Material Bond Section 00700 General Conditions Section 00810 Supplemental General Conditions Section 00811 Supplemental General Conditions – HazMat Specifications Division 3 6.2 There are no Contract Documents other than those listed above in this Article VI. The Contract Documents may

only be amended, modified or supplemented as provided in Section 00700 General Conditions. Article VII. Miscellaneous 7.1 Terms used in this Agreement are defined in Section 00700 General Conditions, and will have the meaning

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

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

7.3 The Contract Sum includes all allowances and accepted alternates. 7.4 In entering into a public works contract or a sub-contract to supply goods, services or materials pursuant to a

public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act, (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the sub-contract. This assignment shall be made and become effective at the time County tenders final payment to the Contractor, without further acknowledgment by the parties.

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

to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Manual and on file at County's offices, and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability

Rev. 9/19/06 00510 - 3 AGREEMENT


for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the work of the contract.

7.6 Contractor agrees that said Contractor and all subcontractors employed on the project will pay all employees

involved in the work not less than the prevailing rate of per diem wages for a day, legal holiday, and overtime work as set forth within the appropriate General Prevailing Wage Determinations made by the Director of Industrial Relations, State of California, in accordance with Section 1770 of the Labor Code of the State of California. Said wage determinations are on file with the Clerk of the Board of Supervisors, and with the Director of the General Services Agency, County of Alameda.

7.7 Sections 1775, 1776, 1777.5 and of the Labor Code apply to this contract. Section 1775 covers penalties to be

assessed Contractor for failure to pay prevailing wage rates; Section 1776 sets forth the responsibility of CONTRACTOR in insuring maintenance of accurate payroll records for both CONTRACTOR and any pertinent subcontractors; Section 1777.5 covers the employment of properly registered apprentices, and places the responsibility for compliance with this Section with Contractor for all apprenticeable occupations.

7.8 In accordance with Part 7, Chapter 1, Article 3 of the Labor Code, (a) eight hours labor constitutes a legal day's

work; (b) work performed by employees of Contractor or pertinent subcontractors in excess of eight hours per day, and forty hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight hours per day at a rate not less than one and one-half (1½) times the basic rate of pay; and (c) CONTRACTOR shall pay twenty-five dollars ($25) each calendar day to COUNTY for each worker employed in the execution of the contract by Contractor or by any pertinent subcontractor where such worker or workers are required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of said Article 3 of the Labor Code.

7.9 This agreement shall be deemed to have been entered into in the City of Oakland, County of Alameda, State of

California, and governed in all respects by California law. IN WITNESS WHEREOF the parties to these presents have hereunto set their hands and seals and have executed this contract in quintuplicate (5 originals) the day and year first above written. CONTRACTOR ___________________________________________ ___________________________________________ Signature ___________________________________________ Title ____________________________________________ Date

COUNTY OF ALAMEDA ____________________________________________ Director, General Services Agency County of Alameda, State of California ____________________________________________ Date Approved as to Form County Counsel ____________________________________________ (by) Deputy

END OF SECTION

Rev. 9/19/06 00510 - 4 AGREEMENT


(Rev. 9/19/06) 00520 - 1 ESCROW AGREEMENT

SECTION 00520

P.C.C. § 22300

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement ("Escrow Agreement") is made and entered into this [Date] day of [Month], [Year], by and between the County of Alameda ("County"), whose address is 1401 Lakeside Drive, Oakland, California 94612; [Name of Contractor] ("Contractor"), whose place of business is located at [contractor's address]; and [Name of Bank], a state or federally chartered bank in the state of California, whose place of business is located at ____________________________________("Escrow Agent"). For the consideration hereinafter set forth, County, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of Public Contract Code of the State of California, Contractor has the option to

deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by County pursuant to the Construction Contract [Contract # ] entered into between County and Contractor for Property and Salvage Yard Cover in the amount of [ Contract Sum ] dated [Date of Contract] (the "Contract"). Alternatively, on written request of Contractor, County shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify County within ten (10) calendar days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between County and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner.

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

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

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

the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the Parties shall be equally applicable and binding when County pays Escrow Agent directly.

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

On behalf of County: On behalf of Contractor: _____________________________________ _______________________________________ Title Title _____________________________________ _______________________________________ Name Name _____________________________________ _______________________________________ Signature Signature _____________________________________ _______________________________________ _____________________________________ _______________________________________ Address Address On behalf of Escrow Agent: ____________________________________ Title ____________________________________ Name ____________________________________ Signature ____________________________________ ____________________________________ Address At the time the Escrow Account is opened, County and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Agreement.



IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

COUNTY CONTRACTOR ____________________________________ _______________________________________ ____________________________________ _______________________________________ Title Title ____________________________________ _______________________________________ Name Name ____________________________________ _______________________________________ Signature Signature Escrow Agent ____________________________________ ____________________________________ Title ____________________________________ Name ____________________________________ Signature END OF SECTION


SECTION 00530 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS This Agreement and Release of Claims ("Agreement and Release"), made and entered into this [Date] day of [Month], [Year], by and between the County of Alameda ("County"), and [Name of Contractor] ("Contractor"), whose place of business is at [Address of Contractor]. RECITALS 1. County and Contractor entered into Contract # _________ in the City of San Leandro, County of Alameda, State

of California. 2. The Work under Contract # __________has been completed. Now, therefore, it is mutually agreed between County and Contractor as follows: AGREEMENT 3. Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $ ___________________________________ Modified Contract Sum $ ___________________________________ Payment to Date $ ___________________________________ Liquidated Damages $ ___________________________________ Payment Due Contractor $ ___________________________________ 4. Subject to the provisions of this Agreement and Release, County shall forthwith pay to Contractor the sum

of $ ( Dollars and Cents) under Contract # __________, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with County as of the date of such payment.

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

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

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

operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim [Insert information, including attachment if necessary]

(Rev. 9/19/06) 00530 - 1 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS


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

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

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

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

10. Contractor hereby waives the provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at

the time of executing the release, which if known by him, must have materially affected his settlement with the debtor.

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

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

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

Release. * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * COUNTY CONTRACTOR BY:_____________________________________ BY:_________________________________________ Its:__________________________________________ END OF SECTION

(Rev. 9/19/06) 00530 - 2 AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS


April___, 2007 Name of Principal Name of Company Address Address COUNTY PROJECT NO: 7012 CONTRACT FOR: Property and Salvage Yard Cover CONTRACT PRICE: $XXX,XXX Copies of the Contract Documents (Section 00510 Agreement, Section 00610 Construction Performance Bond, Section 00620 Construction Labor and Material Bond) accompany this Notice of Award. Four sets of the Drawings and Specifications will be delivered separately or otherwise made available to you upon written request. Upon receipt of this Notice of Award, you and each of your subcontractors who employ workers in any apprenticeable craft or trade, shall apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade for a certificate approving you and your subcontractors under the apprenticeship standards for the employment and training of apprentices, in accordance with section 1777.5 of the California Labor Code. Upon commencement of the work, you and each of your subcontractors shall certify and make available for inspection payroll records on forms provided by the Division of Labor Standards Enforcement, in accordance with section 1776 of the California Labor Code. You must comply with the following conditions precedent within ten (10) business days of the date of this Notice of Award, that is DATE 1. You must deliver to County five fully executed counterparts of Section 00510 Agreement. Each of the

Contract Documents must bear your signature. 2. You must deliver to County Section 00610 Construction Performance Bond, executed by you and your

Surety. 3. You must deliver to County Section 00620 Construction Labor and Material Bond, executed by you and your

Surety. 4. You must deliver to County the documentary evidence received or generated by you in preparation of bid

prices for this contract, as set forth in Section 00670, Escrow Bid Documents. 5. You must deliver to County the insurance certificates required under Document 00700 (General Conditions)

and Section 00810 (Supplemental General Conditions). Failure to comply with these conditions within the time specified will entitle County to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.

Within twenty (20) days after you comply with those conditions, County will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. County of Alameda BY: _________________________ TITLE: Construction Project Manager

(Rev. 9/19/06) 00540 - 1 NOTICE OF AWARD


END OF SECTION

(Rev. 9/19/06) 00540 - 2 NOTICE OF AWARD

Alameda County, General Services Agency [Property and Salvage Yard Cover PROJECT #7012 SECTION 00610 CONSTRUCTION PERFORMANCE BOND This Construction Performance Bond (“Bond”) dated ___________, is in the penal sum of [Contract Amount ($)], and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to [Name of Contractor] ("Contractor"), ______________________________________________________ ("Surety"), the COUNTY OF ALAMEDA, acting by and through its GENERAL SERVICES AGENCY ("County") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: [Name of Contractor] ___________________________________________ Name Name [Address of Contractor]. _________________________________ Address Principal Place of Business COUNTY OF ALAMEDA CONSTRUCTION CONTRACT GENERAL SERVICES AGENCY Project # 7012 1401 LAKESIDE DRIVE, STE. 800 Property and Salvage Yard Cover OAKLAND, CA 94612 ATTN.: Gerald Loeper The Contract C-200_-___ at: Property and Salvage Storage Yard 15801 Foothill Blvd San Leandro, Ca 94578 DATED , 2007 in the amount of [Contract Amount ( $)] CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature Signature

Name and Title Name and Title

(Rev. 9/19/06) 00610 - 1 CONSTRUCTION PERFORMANCE BOND

Alameda County, General Services Agency [Property and Salvage Yard Cover PROJECT #7012 BOND TERMS AND CONDITIONS

1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to County for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

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

Construction Contract, the Surety and the Contractor shall have no obligation under this Bond.

3. If there is no County Default, the Surety's obligation under this Bond shall arise after: 3.1 County has declared a Contractor Default under the Construction Contract pursuant to

the terms of the Construction Contract; and 3.2 County has agreed to pay the Balance of the Contract Sum to: 3.2.1 The Surety in accordance with the terms of this Bond and the Construction

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

the terms of this Bond and the Construction Contract. 4. When County has satisfied the conditions of Paragraph 3, the Surety shall promptly (within

thirty (30) days) and at the Surety's expense elect to take one of the following actions (provided, that unless and until County has actually terminated Contractor for default, the Surety need only respond to County and commence a diligent investigation, not make an election):

4.1 Arrange for the Contractor, with consent of County, to perform and complete the

Construction Contract (but County may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or

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

or through independent contractors, but County may reject use of the Contractor as an agent of independent contractor; or

4.3 Obtain bids from qualified contractors acceptable to County for a contract for

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

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

contractor and with reasonable promptness under the circumstances, and, after


Alameda County, General Services Agency [Property and Salvage Yard Cover PROJECT #7012

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

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

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

6. The Surety's monetary obligation under this Bond is limited to the amount of this Bond, plus

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

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

the Construction Contract and correction of defective work; 6.2 The responsibilities of the Contractor under the Construction Contract to pay liquidated

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

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

Default or resulting from the actions or failure to act of the Surety under Paragraph 4, above.

7. No right of action shall accrue on this Bond to any person or entity other than County or its

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

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

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

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


Alameda County, General Services Agency [Property and Salvage Yard Cover PROJECT #7012 10. Notice to the Surety, County or the Contractor shall be mailed or delivered to the address shown

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

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

12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by County to the Contractor

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

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

the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of the Contractor, which has neither been remedied

nor waived, to perform or otherwise to comply with the terms of the Construction Contract, including but not limited to, the provisions of Paragraph 1.13.G of Document 00700 General Conditions.

12.4 County Default: Material failure of County, which has neither been remedied nor waived,

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

END OF DOCUMENT


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012

SECTION 00620

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND This Construction Labor and Material Payment Bond ("Bond") is dated ________________, is in the penal sum of [Contract Amount ($)], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to [Name of Contractor] ("Contractor"), _______________________________________ ("Surety"), COUNTY OF ALAMEDA, acting by and through its GENERAL SERVICES AGENCY ("County") or other party shall be considered plural where applicable. CONTRACTOR: SURETY: [Name of Contractor] ___________________________________________ Name Name [Address of Contractor]. _________________________________ Address Principal Place of Business COUNTY OF ALAMEDA CONSTRUCTION CONTRACT GENERAL SERVICES AGENCY Project # 7012 1401 LAKESIDE DRIVE, STE. 800 Property and Salvage Yard Cover OAKLAND, CA 94612 ATTN.: Gerald Loeper The Contract C-200_-___

at: Property and Salvage Storage Yard 15801 Foothill Drive

San Leandro, Ca. 94578

DATED , 200_ in the amount of [Contract Amount ($)] CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature Signature

Name and Title Name and Title

(Rev. 9/19/06) 00620 - 1 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND


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

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

2. With respect to County, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless County from all claims, demands, liens or suits by any

person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided County has promptly notified the Contractor and the Surety (at the address described in Paragraph 10) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no County Default.

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

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

4. Consistent with the California Mechanic's Lien Law, Civil Code §3082, et seq., the Surety shall have

no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements.

5. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond

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

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

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

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

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

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

after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249,



must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184.

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

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

11. This Bond has been furnished to comply with the California Mechanic's Lien Law, including, but not

limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond.

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

Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. DEFINITIONS 13.1.1 Claimant: An individual or entity having a direct contract with this Contractor or with a

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

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

the signature page, including all Contract Documents and changes thereto. 13.1.3 County Default: Material failure of County, which has neither been remedied nor waived,

to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract.

END OF DOCUMENT



SECTION 00700

GENERAL CONDITIONS TABLE OF CONTENTS 1 General 1.1 Documents 1.2 Exercise of Contract Responsibilities 2 Bidding 2.1 Bid Submissions 2.2 Investigation Prior to Bidding 2.3 Subcontractors 3 Contract Award and Commencement of the Work 3.1 Award of Contract 3.2 Assignment of Contract 4 Bonds and Insurance 4.1 Bonds 4.2 Insurance 5 Drawings and Specifications 5.1 Intent 5.2 Section Intentionally Omitted 5.3 Interpretation of Drawings and Specifications 5.4 Checking of Drawings 5.5 Standards to Apply Where Detailed Specifications Are Not Furnished 5.6 Deviations from Specifications and Drawings 5.7 Precedence of Documents 5.8 Ownership and Use of Drawings, Specifications and Other Documents 6 Construction by County or by Separate Contractors 6.1 County's Right to Perform Construction and to Award Separate Contracts 6.2 Mutual Responsibility 6.3 Project Manager Authority Over Coordination 7 County and Payment 7.1 County's Representatives 7.2 Means and Methods of Construction 7.3 Payment

7.4 Final Payment 7.5 Disputes 7.6 Defective Work or Materials 7.7 Payment of Federal or State Taxes 7.8 Final Guarantee

8 Control of the Work 8.1 Supervision of Work by Contractor 8.2 Observation of Work by Project Manager And Architect/Engineer 8.3 Access to Work Site 8.4 Existing Utilities (Rev. 9/19/06) 00700 - 1 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 9 Warranty, Guarantee and Inspection of Work 9.1 Warranty and Guarantee 9.2 Inspection of Work 9.3 Correction of Defective Work 9.4 Acceptance and Correction of Defective Work by County 9.5 Rights upon Inspection or Correction 9.6 Samples and Tests of Materials and Work 9.7 Proof of Compliance with Contract Provisions 9.8 Acceptance 10 Contractor's Organization and Equipment 10.1 Contractor's Legal Address 10.2 Section Intentionally Omitted 10.3 Contractor's Superintendents or Forepersons 10.4 Proficiency in English 10.5 Contractor's Employees 10.6 Contractor to Supply Sufficient Workers and Materials

10.7 Equal Employment Opportunity Practices Provisions 10.8 Contractor to List Trades Working

11 Prosecution and Progress of the Work 11.1 Schedules and Examination of Contract Documents 11.2 Lines and Grades, Measurements 11.3 Record Keeping 11.4 Compliance with Regulations 12 Claims by Contractor 12.1 General 12.2 Procedure 12.3 Claim Format 12.4 Exclusive Remedy 12.5 Mediation 13 Legal and Miscellaneous 13.1 Laws and Regulations 13.2 Permits and Taxes 13.3 Responsibility of Contractor and Indemnification 13.4 Notice of Concealed or Unknown Conditions 13.5 Environmental Conditions and Controls 13.6 Suspension of Work 13.7 Termination of Contract for Cause 13.8 Termination of Contract for Convenience 13.9 Contingent Assignment of Subcontractors 13.10 Remedies 13.11 Patents 13.12 Substitution for Patented and Specified Articles 13.13 Interest of Public Officers 13.14 Limit of Liability 13.15 Severability 13.16 Badge Policy for Contractors 13.17 County Drug Policy - Drug Free Work Place 13.18 County Recycled Product Purchase Preference Program 13.19 Recycled Content Product Definitions 13.20 Recycled Content Standards 13.21 Certification Form Requirement (Rev. 9/19/06) 00700 - 2 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 13.22 Recycled Paper Policy 14 Modifications of Contract 14.1 Alterations, Modifications and Force-Account Work 14.2 Cost Breakdown 14.3 Limitations Where Contract Price Changes are Involved 14.4 Taxes and Insurance 14.5 Force Account 14.6 Oral Modifications 14.7 Entire Agreement 14.8 Effect of Waivers 15 Time Allowances 15.1 Time Allowance for Performance of Contract 15.2 Change of Contract Times 15.3 Notice of Delay 15.4 No Damage for Contractor Caused Delay 15.5 Liquidated Damages 16 Working Conditions and Prevailing Wages 16.1 Use of Site/Sanitary Rules 16.2 Protection of Work, Persons and Property 16.3 Responsibility for Safety and Health 16.4 Emergencies 16.5 Use of Roadways and Walkways 16.6 Nondiscrimination 16.7 Prevailing Wages

(Rev. 9/19/06) 00700 - 3 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 1 GENERAL 1.1 DOCUMENTS The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between

County or its representatives and a Subcontractor or Sub-sub-contractor or (2) between any persons or entities other than County and Contractor. Contractor is fully responsible for all acts and omissions of its Subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions.

1.2 EXERCISE OF CONTRACT RESPONSIBILITIES County, and Project Manager, as County's representative, do not, in exercising their responsibilities and

authorities under the Contract Documents, assume any duties or responsibilities to any subcontractor or supplier, nor do County or Project Manager assume any duty of care to Contractor, its subcontractors, or suppliers.

2 BIDDING 2.1 BID SUBMISSIONS Contractors shall follow the instructions in Section 00100, Instructions to Bidders, and shall submit all

documents, forms and information required for consideration of a bid. County will evaluate qualification information submitted by apparent low Bidder (including but not limited to Section 00420 Contractor Registration formation Form) and, if incomplete or unsatisfactory to County, Bidder's bid may be rejected, in the sole discretion of County.

2.2 INVESTIGATION PRIOR TO BIDDING 2.2.1 Bidders must, prior to bidding, perform the work, investigations, research and analysis required by

Article V of Section 00510 Agreement. Contractor under this Contract is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research and analysis. Bid prices must include entire cost of all work "incidental" to completion of the Work, as that term is defined in Paragraph 5 of this Document.

2.2.2 Conditions Shown on the Contract Documents: Information as to underground conditions, as-built

conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, County only warrants, and Contractor may only rely, on the accuracy of limited types of information.

a. As to above-ground conditions or as-built conditions shown or indicated in the Contract

Documents, there is no warranty, express or implied, or any representation express or implied, that such information is correctly shown or indicated or complete. This information is verifiable by independent investigation and Contractor is required to make such verification as a condition to bidding. In submitting its Bid, Contractor shall rely on the results of its own independent investigation. In submitting its Bid, Contractor shall not rely on County-supplied information regarding above ground conditions or as-built conditions.

b. As to any subsurface condition shown or indicated in the Contract Documents, Contractor may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. County is not responsible for the completeness of such information for bidding or construction; nor is County responsible in any way for any conclusions or opinions of Contractor drawn from such information; nor is the County responsible for subsurface conditions that are not



specifically shown (for example, County is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown).

c. Section intentionally omitted. 2.3 SUBCONTRACTORS In accordance with Public Contract Code Section 4101 Contractor shall not substitute any other person or firm

as a subcontractor in place of any of those listed in bid, nor shall any subcontractor assign or transfer subcontract, or permit the same to be performed by any other contractor without written approval of County. At County's request, Contractor shall provide County with a complete copy of all executed subcontracts or other final contractual agreements with subcontractors and/or suppliers.

3 CONTRACT AWARD AND COMMENCEMENT OF THE WORK 3.1 AWARD OF CONTRACT 3.1.1 County will make the Award of Contract by issuing a Notice of Award. Contractor will be allowed ten

(10) business days after receipt of the Notice of Award to deliver to County the Contract with signature affixed thereto, together with bonds prescribed by this Agreement. (See Paragraphs on surety bonds and certificates of insurance.) County will return to the Contractor a fully executed Contract within twenty (20) business days of its receipt from Contractor.

3.1.2 Section intentionally omitted. 3.1.3 The Contractor shall notify the Project Manager, in writing, of the Contractor's intent to begin on-

site work at least 72 hours before work is begun. The notice shall be delivered to the Project Manager, and shall specify the date the Contractor intends to start.

3.1.4 Section intentionally omitted. 3.2 ASSIGNMENT OF CONTRACT Neither the contract nor the performance of the contract may be assigned by the Contractor except upon the

written consent of the County, nor shall the Contractor assign any moneys due or to become due said Contractor thereunder without the written consent of the County Any assignment of any nature shall not relieve the Contractor or the surety from any of their responsibilities required under the terms of the contract.

4 BONDS AND INSURANCE 4.1 BONDS 4.1.1 At or before 5 o'clock p.m. of the tenth (10) business day following Notice of Award of Contract,

Contractor must file with County the following bonds: a. Corporate surety bond, in the form of Section 00610 Construction Performance Bond, in a sum not

less than 100 percent of amount of Contract, to guarantee faithful performance of Contract ("Performance Bond"); and

b. Corporate surety bond, in the form of Section 00620 Construction Labor and Material Bond, in a sum not less than 100 percent of amount of Contract, to guarantee payment of wages for services engaged and of bills contracted for materials, supplies, and equipment used in performance of Contract ("Labor and Material Bond").


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 4.1.2 Corporate sureties on these bonds and on bonds accompanying Bids must be legally authorized to

engage in business of furnishing surety bonds in State of California. Sureties must be satisfactory to County.

4.1.3 Amount of Contract, as used to determine amounts of bonds, shall be total amount fixed in Contractor's

Bid for performance of required Work (or corrected total if errors are found.) 4.2 INSURANCE 4.2.1 By 5 o'clock p.m. of the tenth (10) business day following Notice of Award of Contract, Contractor

shall furnish to County satisfactory proof that Contractor has taken out for the entire period covered by proposed contract the following insurance with an insurance carrier satisfactory to County:

a. Commercial general liability insurance with limits as specified in Section 00810, Supplemental

General Conditions, each occurrence Bodily Injury and as specified in Section 00810, each occurrence Property Damage, including contractual liability, explosion, collapse and underground (XCU), broadform property damages, County's and Contractor's protective, and completed operations coverages;

b. Comprehensive automobile liability insurance with limits as specified in Section 00810, each person Bodily Injury, as specified in Section 00810, each occurrence Bodily Injury and as specified in Section 00810, each occurrence Property Damage, including coverage for owned, non-owned and hired vehicles;

c. All-risk course of construction insurance in an amount as specified in Section 00810, including fire damage to property owned by County, contractor or third parties. Any deductible shall not exceed the amount specified in Section 00810, each loss and shall be borne by Contractor; and

d. Full workers' compensation insurance for all persons whom Bidder may employ in carrying out Work contemplated under Contract, in accordance with Act of Legislature of State of California, known as "Workers' Compensation Insurance and Safety Act", approved May 26, 1913, and All Acts amendatory or supplemental thereto. Workers' compensation policy shall include Employer Liability Insurance with limits as specified in Section 00810, each accident.

4.2.2 Insurance policies shall contain an endorsement containing the following terms: a. County, its Board of Supervisors, its employees, representatives and agents shall be named as

additional insureds, but only with respect to liability arising out of the activities of the named insured.

b. The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.

c. Written notice of cancellation or of any limits reduction change in said policy shall be mailed to the County's Project Manager, General Services Agency, 1401 Lakeside Drive, 8th Floor, Oakland, California 94612, thirty (30) calendar days in advance of the effective date thereof.

d. Contractor's insurance shall be primary insurance and no other insurance or self-insured retention carried or held by County shall be called upon to contribute to a loss covered by insurance for the named insured.

4.2.3 Certificates of Insurance and Endorsements shall have clearly typed thereon County Contract number

and title of Contract in a form acceptable to county. 4.2.4 At time of making application for extension of time, Contractor shall submit evidence that insurance

policies will be in effect during requested additional period of time. 4.2.5 Nothing herein contained shall be construed as limiting in any way the extent to which Contractor or

any sub-contractor may be held responsible for payment of damages resulting from their operations. (Rev. 9/19/06) 00700 - 6 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 4.2.6 Required minimum amounts of insurance may be increased should conditions of Work, in opinion of

County, warrant such increase, and Contractor shall increase amounts of insurance required herein when so directed by County to such higher amounts as County may direct.

4.2.7 Insurance shall be maintained by Contractor in full force and effect during entire period of performance

of Contract and shall be kept in force during warranty and guarantee periods, except that all-risk course of construction insurance may be discontinued after final payment.

4.2.8 If Contractor fails to maintain insurance, County may take out insurance to cover any damages of the

above mentioned classes for which County might be held liable on account of Contractor's failure to pay such damages, or compensation which County might be liable to under provisions of Workers' Compensation Insurance and Safety Act, by reason of employee of Contractor being injured or killed, and deduct and retain amount of premium from any sums due Contractor under Contract.

4.2.9 If injury occurs to employee of Contractor for which employee, or employee's dependents in the event

of employee's death, is entitled to compensation from County under provisions of Workers' Compensation Insurance and Safety Act as amended, or for which compensation is claimed from County, County may retain out of sums due Contractor under Contract, amount sufficient to cover such compensation, as fixed by Act as amended, until such compensation is paid, or until it is determined that no compensation is due, and if County is compelled to pay compensation, County will deduct and retain from such sums amount so paid.

4.2.10 All insurance companies providing insurance under the contract shall have a minimum best rating of A

- VII or approval by County Risk Manager. 5 DRAWINGS AND SPECIFICATIONS 5.1 INTENT The Contract Documents are complementary; what is called for by one is as binding as if called for by all. It is

the intent of the Drawings and Specifications to describe a functionally complete and operable Project (and all parts thereof) to be constructed in accordance with the requirements of the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the requirements of the Contract Documents or from prevailing custom or trade usage as being required to produce this intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. The intent of the Drawings specifically includes the intent to depict construction that complies with all applicable laws, codes and standards. The Divisions and Sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or suppliers or delineating the work to be performed by any specific trade.

Reasonably implied parts of the Work shall be performed as "incidental work" even though absent from the

Drawings and Specifications. "Incidental" work shall be performed by Contractor without extra cost to County. Incidental work includes any work not shown on Drawings nor described in Specifications, but which is necessary or normally or customarily required as a part of the Work shown on the Drawings or described in the Specifications, or is necessary or required to make each installation satisfactory, legally operable, functional, consistent with the intent of the Drawings and Specifications or the requirements of the Contract Documents. For example, and not by way of limitation, if a piece of equipment or machinery or a plumbing fixture is shown, then all labor, materials, equipment and permits required to make it satisfactory and operable are deemed included within the scope of work, such as electrical power, conduit, plumbing runs and the like whether or not explicitly shown in the Drawings or Specifications. Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and expense thereof shall be included in price bid. Incidental work includes, but is not limited to, tasks required to be performed under Division 1 of Specifications.

5.2 Section intentionally omitted. (Rev. 9/19/06) 00700 - 7 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 5.3 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the

Drawings and Specifications the matter shall be referred to the Project Manager in writing. County’s Project Manager shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Drawings and Specifications as Architect/Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Drawings and Specifications. Such written clarifications and interpretations will be binding upon Contractor, unless County in its discretion directs otherwise. Contractor shall not carry on work except with the knowledge of Project Manager. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Sum or Contract Times and the parties are unable to agree to the amount or extent thereof, if any, then Contractor shall perform the Work subject to the clarification and may make a written claim therefor as provided in Paragraph 12.

5.4 CHECKING OF DRAWINGS Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents

and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall be responsible for any errors which might have been avoided by such comparison. Figures shown on Drawings shall be followed; do not scale measurements. The Contractor shall promptly report in writing to the Project Manager any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from County’s Project Manager before proceeding with any Work affected thereby.

5.5 STANDARDS TO APPLY WHERE DETAILED SPECIFICATIONS ARE NOT FURNISHED Wherever in Specifications, or in any orders given by Project Manager pursuant to or supplementing

Specifications, it is provided that Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the following general specifications shall apply. Materials or manufactured articles shall be of the best grade, in quality and workmanship, obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. Work for which no detailed specifications are set forth herein shall conform to the usual standards for first-class work of the kind required. Contractor shall specify in writing to Project Manager the materials used or work performed under this section no later than five (5) business days from furnishing such materials or performance of such work.

5.6 DEVIATIONS FROM SPECIFICATIONS AND DRAWINGS 5.6.1 No modification or deviation from the plans and specifications will be permitted. Contractor must

perform work in strict accord with Plans and Specifications. No order for any alteration, modification or extra which shall increase or decrease the cost of work shall be valid unless the resulting increase or decrease in price shall have been agreed upon in writing, and the order signed by Contractor and Project Manager (or other authorized officer representing County). Deviations from Drawings and from the dimensions therein given, or from the Specifications, whether or not error is believed to exist, shall be made only when approved in writing by Project Manager.

5.6.2 Project Manager may order that locations, lines and grades for Work vary from those shown on

Drawings. Changes may be made in location, lines or grades for Work under any item of Contract. No extra payment in addition to unit price fixed in Contract for Work under respective items will be allowed on account of variations from Drawings in unit price items. In lump sum contracts, or where there are no unit price items covering work affected by variations of locations, lines or grades, all changes in Contract will be made in accordance with Paragraph 14, Modifications of Contract.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 5.7 PRECEDENCE OF DOCUMENTS In the case of discrepancy or ambiguity in the Contract Documents, the following order of precedence shall

prevail: a. Modifications in inverse chronological order, and in the same order as specific portions

they are modifying. b. Signed Agreement, and terms and conditions referenced therein. c. Supplementary Conditions. d. General Conditions. e. Division 1 Specifications. f. Division 3 Specifications and Drawings. g. Written numbers over figures, unless obviously incorrect. h. Figured dimensions over scaled dimensions. i. Large-scale Drawings over small-scale Drawings. However, in the case of discrepancy or ambiguity solely between and among the Drawings and

Specifications referenced in item 5.6 immediately above, the discrepancy or ambiguity shall be resolved in favor of the interpretation that will provide County with the functionally complete and operable Project described in the Drawings and Specifications.

5.8 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS The Contract Documents were prepared for use for the Work of this Contract only. No part of the Contract

Documents shall be used for any other construction or for any other purpose except with the written consent of County. Any unauthorized use of the Contract Documents is prohibited and at the sole liability of the user.

6 CONSTRUCTION BY COUNTY OR BY SEPARATE CONTRACTORS 6.1 COUNTY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS County may perform construction or operations related to the Project with its own forces, or award separate

contracts in connection with other portions of the Project or other construction or operations, on the site or areas contiguous to the site, under Conditions of the Contract similar to these (including those portions related to insurance and waiver of subrogation), or have other work performed by utility owners. When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate County/Contractor Agreement.

6.2 MUTUAL RESPONSIBILITY 6.2.1 Contractor shall afford all other contractors, utility owners, and County (if County is performing work

with its own forces), proper and safe access to the site, and reasonable opportunity for the installation and storage of their materials, shall ensure that the execution of its Work properly connects and coordinates with their work, and shall cooperate with them to facilitate the progress of the Work.

6.2.2 Contractor shall coordinate its work with the work of other separate contractors, County, and utility

owners, including the holding weekly of coordination meetings with them. County or its designee shall have the right to participate in these coordination meetings, and shall be advised of the results of these coordination meetings at the weekly Progress Meeting.

6.2.3 Unless otherwise provided in the Contract Documents, Contractor shall do all cutting, fitting and

patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting,



excavating or otherwise altering their work and will only cut or alter their work with the written consent of Project Manager and the others whose work will be affected.

6.2.4 The duties and responsibilities of Contractor under paragraphs 6.2.1 through 6.2.3 above are for the

benefit of County and also for the benefit of such utility owners and other contractors working at the site to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between County and such utility owners and other contractors.

6.2.5 To the extent that any part of Contractor's Work is to interface with work performed or installed by

other contractors, Contractor shall inspect and measure the in-place work and promptly report to Project Manager in writing any defect in such in-place work that will impede or increase the cost of Contractor's interface unless corrected. Project Manager and/or its authorized representative will require the Contractor responsible for the defective work to make corrections so as to conform to its contract requirements, or, if the defect is the result of an error or omission in the Contract Documents, issue a change order. If Contractor fails to measure, inspect and/or report to Project Manager in writing defects that are reasonably discoverable, all costs of accomplishing the interface acceptably shall be borne by Contractor. This provision shall be included in any and all other contracts or subcontracts for Work to be performed where such a conflict could exist.

6.3 PROJECT MANAGER AUTHORITY OVER COORDINATION 6.3.1 Project Manager shall have authority over coordination of the activities of multiple contractors in those

cases where County contracts with others for the performance of other work on the Project, County performs work with its own forces, or utilities perform work on the site. (The authority of Project Manager with respect to coordination of the activities of multiple prime contractors and utility owners, however, shall not in any manner relieve Contractor of its obligation to other contractors and utility owners to coordinate its work with utility owners and other contractors as specified above.) Contractor shall promptly notify Project Manager in writing when another contractor on this Project fails to coordinate its work with the Work of this Contract.

6.3.2 Contractor shall suspend any part of the Work herein specified or shall carry on the same in such

manner if directed by Project Manager when such suspension or prosecution is necessary to facilitate the work of other contractors or workers. No damages or claims by Contractor will be allowed therefor if the suspension or work change is due in whole or in part to Contractor's failure to perform its obligation herein specified to coordinate its work with utility owners and other contractors. If the suspension or work change is due in whole or in part to the failure of another contractor to coordinate its work with Contractor and other contractors and utility owners, then resulting damages or claims by Contractor will be allowed only to the extent of fault by County. County reserves the right to backcharge Contractor for any damages or claims of other contractors incurred as a result of Contractor's failure to perform its obligations to coordinate with other contractors and utility owners, and in its discretion, may interplead funds retained and Contractor releases County of further liability for such funds.

6.3.3 County may at any time and in its sole discretion, designate a person, firm or corporation other than

the Project Manager, to have authority over the coordination of the activities among the various prime contractors.

7 COUNTY AND PAYMENT 7.1 COUNTY'S REPRESENTATIVES County's designated authorized representatives will have limited authority to act on behalf of County as set forth

in the Contract Documents. Except as otherwise provided in these General Conditions, County shall issue all communications to Contractor through Project Manager, and Contractor shall issue all communications to the County through the Project Manager.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 7.2 MEANS AND METHODS OF CONSTRUCTION Subject to those rights specifically reserved in the Contract Documents, County and Project Manager shall not

supervise, direct, or have control over, or be responsible for, Contractor's means, methods, techniques, sequences or procedures of construction or for the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performance of Work. County and Project Manager shall not be responsible for Contractor's failure to perform or furnish the Work in accordance with Contract Documents.

7.3 PAYMENT 7.3.1 TERMS OF PAYMENT a. Partial payments will be made only upon the certification of the County’s Project Manager for

completed work. (See also paragraph 7.4.) The County’s Project Manager will evaluate the work on or about the twenty-fifth day of each month and at the time of completion of the entire work, and will render a certification by the tenth day of each successive month and at the completion of the entire work, stating the amount of work performed since the previous measurement of work and during the current month at the time of completion. The Contractor shall, at the time above specified, be entitled to receive a payment in the amount of ninety percent (90%) of the amount specified in said County’s certificate, provided that no such estimate or payment shall be required to be made when, in the judgment of the Project Manager, the work is not proceeding in accordance with the provisions of the contract, or when the total value of the work done since the last estimate is less then five hundred dollars ($500), except for the certificate and payment required at the completion of the entire work. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. The County of Alameda reserves the right to issue joint checks, as it deems necessary.

b. Payment to the Contractor of the last partial payment due upon the County's acceptance of the completed work (which partial payment will reflect 90% of the value of the completed work less the amount of all previous partial payments paid), insofar as it involves undisputed contract amounts, is contingent upon the Contractor furnishing the County with a release of all claims against the County arising by virtue of the contract related to those undisputed amounts, excepting the claim of the Contractor against the County for the moneys herein provided to be paid by the County to the Contractor thirty-five (35) days after acceptance of this work. The Contractor from the operation of this release may specifically exclude disputed contract claims in stated amounts. Acceptance of any partial payment shall be agreed and understood as serving as acknowledgment that the Contractor has no claims outstanding for the work covered and time period of the partial payment.

c. On all building construction, as basis for determining the amount of these monthly payments, the Contractor shall, before commencing the work, submit to the Project Manager or assigned agent a detailed statement of all materials and labor included in the original estimate. This statement shall be so arranged that the value of the work as it progresses may be readily determined and the first payment will not be considered as due until such statement is furnished. Based upon this submittal and actual progress which may differ from the basic submittal, the contractor will prepare on AIA C 102 a request for payment. Such request for payment will reflect activity projected through the end of the month and will be submitted to the Project Manager on the 20th of the month. If the 20th of the month falls on a non-work day, the submittal will be on the nearest working day to the 20th. Payment requests will be processed for payment within 10 working days of submittal and approved or modified as appropriate and submitted for payment in the amount of 90% of the approved amount certified.

d. Contractor shall promptly pay each subcontractor the amount to which such Subcontractor is entitled, and shall, by an appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its sub-Subcontractors in a similar manner. Contractor shall submit on its behalf and on behalf of each Subcontractor or Consultant for which payment is being requested a



conditional release of mechanics’ lien in statutory form for the Work which is the subject of each progress payment request and an unconditional release of mechanics’ lien in statutory form for the immediately preceding progress payment as to the Work of each.

7.3.2 PAYMENT FOR STORED MATERIALS a. Payment for materials and equipment either stored off of the site or not installed in the work will not

be allowed unless the advanced payment of such material benefits the County in terms of lead time, scarcity, schedule, etc.

b If the County elects to pay for stored materials, the Contractor may be paid seventy-five percent (75%) of the actual value of such materials and equipment in accordance with the following conditions:

1. With each request for payment, the Contractor shall attach a complete inventory of all materials and equipment for which payment is or has been requested. The inventory shall indicate the description, specification paragraph number reference, quantity and value of each item of material and equipment that is added, deducted (i.e. incorporated in the work) and carried from the previous request for payment. Payment shall not be made for completed work that contains material or equipment included in the inventory.

2. With each request for payment, the Contractor shall attach a copy of the invoice indicating that full payment has been made to the supplier or manufacturer of each item of material and equipment that is added to the inventory.

3. The Contractor may be paid for materials and equipment stored on site if such materials and equipment shall be stored in a locked room with the County having full control.

4. The Contractor may be paid for materials and equipment that in the opinion of the Project Manager is fabricated or altered specifically for use on the work. Except materials and equipment stored on the site, payment shall not be made on materials and equipment not so fabricated or altered to the extent to preclude possible use on other work. Such materials and equipment approved for payment shall be stored in a bonded warehouse and proof of such storage shall be attached to the request for payment.

5. The total payment for materials and equipment shall not exceed the total amount of retention withheld from the Contractor's payment.

6. Payment to the Contractor for materials and equipment does not relieve him of his responsibilities to provide the completed work in accordance with the Contract Documents.

7.3.3 PAYMENT OF WITHHELD FUNDS a. In accordance with the provisions of Section 22300 of the Public Contract Code, the Contractor will

be permitted to substitute securities for any moneys withheld by the County to ensure performance under the Contract.

b. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the County, or with a state or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of the contract.

c. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, or bank and savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld, and shall receive any interest thereon. Such securities, if deposited by the Contractor, shall be valued by the County whose decision on valuation of the securities shall be final.

d. The following listed conditions will be observed in implementation of this provision: 1. The Contractor shall bear the expense of the County and the escrow agent in connection with

the escrow deposit made. 2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent

to the amounts of retention otherwise payable to the Contractor. 3. The Contractor shall enter into an escrow agreement satisfactory to the County, and the form of

the escrow agreement will be that required by law. 4. The Contractor shall obtain the written consent of the surety to any such escrow agreement. (Rev. 9/19/06) 00700 - 12 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 5. The County may, at its option and at any time, retain, out of any amounts due the Contractor,

sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code of the State of California.

7.4 FINAL PAYMENT Thirty-five (35) days after the acceptance of the work by the Board of Supervisors of Alameda County, the

Contractor shall be entitled to receive the balance due under the contract and any modification or modifications thereof, however, final payment will be withheld until post job submittals have been received and reviewed in projects which deal with asbestos remediation or other hazardous material disposal.

7.5 DISPUTES 7.5.1 To prevent disputes and litigation, the County’s Project Manager shall in all cases determine the amount,

quality and acceptability of the work and materials which are to be paid for under the Contract Documents. The County’s Project Manager shall determine all questions in relation to said work and materials and performance thereof, and all questions which may arise relative to the fulfillment or interpretation of the Contract Documents on the part of the Contractor. The Project Manager’s decision and estimate of work for progress payments shall be a condition precedent to the right of the Contractor to receive any payment under the contract.

7.5.2 If the Contractor claims that any instruction by drawings or otherwise involves extra cost under the

contract, he shall give the Project Manager written notice thereof within ten (10) working days after receipt of such instructions, and in any event before proceeding to execute the work except in emergencies endangering life or property and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. A written notice shall be submitted for each and every such occurrence.

7.6 DEFECTIVE WORK OR MATERIALS 7.6.1 The fact that the work and materials have been inspected from time to time, and payments on account

have been made, does not relieve the Contractor from the responsibility of replacing and making good any defective work or materials that may be discovered within one (1) year from the date of the completion of the work by the Contractor and the acceptance of the work by the Board.

7.7 PAYMENT OF FEDERAL OR STATE TAXES 7.7.1 Any Federal or State tax payable on articles furnished by the Contractor under the contract, shall be

included in the contract price and paid by the Contractor. 7.8 FINAL GUARANTEE 7.8.1 It is understood that the Contractor is skilled in the trade or calling necessary to perform the work set

forth within the Contract Documents, and that the County, not being skilled in such matters, relies upon the Contractor to do and perform all work, acts and things necessary in completion of the contract in the most skilled and desirable manner, and the Contractor guarantees the quality of work and materials to be the best of their kind. The acceptance of any part or of the whole of the work by the County does not operate to release the Contractor or the Contractor's surety from said guarantee.

7.8.2 The Contractor shall be held responsible for and must make good any defects through faulty, improperly

or inferior quality of work or materials arising or discovered in any part of the work within one year after completion and acceptance of the same.

7.8.3 As an expressed condition required before acceptance, the Contractor and each subcontractor shall

submit to the County a guarantee for a period of one year, or longer term as included in the (Rev. 9/19/06) 00700 - 13 GENERAL CONDITIONS


specifications, from the date of acceptance by the Board. The Contractor shall endorse each of the subcontractor's guarantees. Each guarantee shall be in the form attached to these specifications and submitted on the company letterhead of the firm initiating the guarantee.

8 CONTROL OF THE WORK 8.1 SUPERVISION OF WORK BY CONTRACTOR Contractor shall supervise, inspect and direct the work competently and efficiently, devoting such attention

thereto and applying such personal skills and expertise as may be required and necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents.

Contractor shall keep on the Site at all times during Work progress a competent resident Superintendent, who

shall not be replaced without the express written consent of County. The Superintendent will be the Contractor's representative at the site and shall have complete authority to act on behalf of Contractor. All communications to the Superintendent shall be as binding as if given to the Contractor.

8.2 OBSERVATION OF WORK BY PROJECT MANAGER 8.2.1 Work shall be performed under the general observation and administration of Project Manager.

Contractor shall immediately comply with orders and instructions given in accordance with terms of Contract by Project Manager, or by any authorized assistant, inspector or other representative of Project Manager acting within scope of duties entrusted, but nothing herein contained shall be taken to relieve Contractor of obligations or liabilities under Contract.

8.2.2 County’s Project Manager will provide administration of Contract and observation of the Work as

hereinafter described. 8.2.3 Section intentionally omitted. 8.2.4 County’s Project Manager will visit Site at appropriate stages of construction to become familiar

generally with progress and quality of Work and to determine in general if Work is proceeding in accordance with Contract Documents. However, County’s Project Manager will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of Work.

8.2.5 County’s Project Manager will not be responsible for and will not have control or charge of

construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work.

8.2.6 County’s Project Manager will not be responsible for or have control or charge over acts or omissions

of Contractor, subcontractors, or any of their agents or employees, or any other persons performing Work.

8.2.7 County’s Project Manager will review Contractor's submittals such as Shop Drawings, Product Data

and Samples, but only for conformance with design concept of Work and with information given in Contract Documents.

8.2.8 Project Manager will conduct inspections to determine dates of substantial completion and final

acceptance, and review written warranties and related documents required by Contract and assembled by Contractor.

8.2.9 Section intentionally omitted. (Rev. 9/19/06) 00700 - 14 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 8.2.10 County’s Project Manager will issue with reasonable promptness such written clarifications or

interpretations of the requirements of the Contract Documents (in the form of Drawings and Specifications or otherwise) as County’s Project Manager may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on the Contractor, unless County in its discretion directs otherwise. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, then Contractor shall perform the Work as so clarified or interpreted and may make a written claim therefor as provided in Paragraph 12.

8.2.11 Based on the observations of Project Manager will disapprove or reject Work which Project Manager

believes to be defective, or will not produce a complete Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Project Manager will also have authority to require special inspection or testing of Work, whether or not the work is fabricated, installed or completed.

8.3 ACCESS TO WORK SITE During performance of Work, County and its agents, consultants, and employees may at any time enter upon

Work, shops where any part of Work may be in preparation, or factories where any materials for use in Work are being or are to be manufactured, and Contractor shall provide proper and safe facilities therefor, and shall make arrangements with manufacturers to facilitate inspection of their processes and products to such extent as County's interests may require. Other contractors performing work for County may also, for all purposes required by their respective contracts, enter upon Work. Subject to this right, Contractor shall have sole care, custody and control of its work areas.

8.4 EXISTING UTILITIES 8.4.1 Pursuant to Government Code Section 4215, County shall be responsible, as between County and

Contractor, for the timely removal, relocation or protection of existing main or trunk line utility facilities located on the project site, if, and only if, such utilities are not identified in the plans and specifications made a part of the invitation for bids. County shall compensate Contractor for the cost of locating and repairing damage not due to the failure of Contractor to exercise reasonable care, and removing and relocating such utility facilities not indicated on the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work, such compensation to be determined in accordance with the provisions of these General Conditions.

8.4.2 Nothing herein shall be deemed to require County to indicate the presence of existing service laterals or

appurtenances whenever the presence of such utilities on the site can be inferred from the presence of other visible facilities, such as buildings, meters and junction boxes, on or adjacent to the site of the construction. If Contractor, while performing Contract, discovers utility facilities not identified by County in the contract plans or specifications, it shall immediately notify County and the utility in writing.

9 WARRANTY, GUARANTEE AND INSPECTION OF WORK 9.1 WARRANTY AND GUARANTEE 9.1.1 Contractor represents and warrants that it is and will be at all times fully qualified and capable of

performing every phase of the Work to complete the Work in accordance with the terms of the Contract Documents. Contractor warrants that all construction work and construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and all requirements of the Contract Documents. Subject to the last sentence of this paragraph, Contractor warrants that the Work, including but not limited to each item of materials



and equipment incorporated therein, shall be new, shall be of suitable grade of its respective kind for its intended use, shall be free from defects in design, engineering, materials, construction and workmanship, and shall conform in all respects with all applicable requirements of federal, state and local laws, licenses, and permits, the Drawings and Specifications and all descriptions set forth therein, applicable construction codes and standards, and all other requirements of the Contract Documents. Notwithstanding the foregoing, Contractor shall not be responsible for the negligence of others in the specification of specific equipment, materials, design parameters, means or methods of construction, where that is specifically shown and expressly required by the Contract Documents.

9.1.2 Extended Guarantees: If any guaranty exceeding one year is provided by the supplier or manufacturer

of any equipment used in this Project, then the guarantee for such materials shall be extended for such term. Contractor expressly agrees to act as co-guarantor of such equipment and materials, and contractor shall supply Owner with all warranty and guarantee documents relative to equipment and materials incorporated in the job and guaranteed by their suppliers or manufacturers.

9.2 INSPECTION OF WORK 9.2.1 All materials, equipment and workmanship used in the Work shall be subject to inspection or testing at

all times during construction and/or manufacture in accordance with the terms of this Contract. Work and materials, and manufacture and preparation of materials, from beginning of construction until final completion and acceptance of Work, shall be subject to inspection and rejection by Project Manager, its agents, or independent contractors retained by Project Manager to perform inspection services, or governmental agencies with jurisdictional interests. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's site safety procedures and program so that they may comply therewith as applicable.

9.2.2 Contractor shall give Project Manager timely notice of readiness of the Work for all required

inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

9.2.3 If applicable laws or regulations of any public body having jurisdiction require any Work (or part

thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, and furnish Project Manager with the required certificates of inspection, or approval. County shall pay the cost of initial testing and Contractor shall pay all costs in connection with any follow up or additional testing. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Project Manager's acceptance of materials or equipment to be incorporated in the Work, or of materials, mixed designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.

9.2.4 If any Work (or the work of others) that is required to be inspected, tested or approved is covered by

Contractor prior to such inspection, testing or approval, without written approval of Project Manager, it must, if requested by Project Manager, be uncovered. Uncovering Work shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has given its written approval of the covering of the Work.

9.2.5 In any case where Work is covered contrary to the written request of Project Manager, it must, if

requested by Project Manager, be uncovered for Project Manager's observation or inspection at Contractor's expense.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 9.2.6 Whenever required by Project Manager, Contractor shall furnish tools, labor and materials necessary to

make examination of Work that may be completed or in progress, even to extent of uncovering or taking down portions of finished Work. Should Work be found unsatisfactory, cost of making examination and of reconstruction shall be borne by Contractor. If Work is found to be satisfactory, examination will be paid for by County in manner herein prescribed for paying for alterations, modifications and extra work, except as otherwise herein specified.

9.3 CORRECTION OF DEFECTIVE WORK 9.3.1 If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or

equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the Project Manager may order Contractor to replace the defective work or to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Project Manager to stop the Work shall not give rise to any duty on the part of Project Manager to exercise this right for the benefit of Contractor or any other party.

9.3.2 If required by Project Manager, Contractor shall promptly, as directed by Project Manager, without cost

to County and in accordance with Project Manager's written instructions, (i) correct such defective Work, whether or not fabricated, installed or completed, or, if it has been rejected by Project Manager, remove it from the Site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. All claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others) as well as all costs of County incurred in exercising such rights and remedies (including, but not limited to, the costs incurred in the examination, evaluation and determination that such defective Work should be corrected or removed and replaced) will be the responsibility of Contractor and a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree on the amount of an appropriate decrease in the Contract Sum, County may deduct from monies due Contractor all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others) as well as all costs of County incurred in exercising such rights and remedies (including, but not limited to, the costs incurred in the examination, evaluation and determination that such defective Work should be corrected or removed and replaced). If Contractor disagrees with County's calculation, it may make a claim as provided in Paragraph 12. County's rights under this paragraph shall be in addition to any other rights it may have under the Contract Documents, including, without means of limitation, in Paragraph 9.3.3 and 9.4.

9.3.3 Correction Period: If within two years after the date of Final Acceptance or such longer period of time

as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to County and in accordance with County or Project Manager's written instructions, (i) correct such defective Work or, if it has been rejected by County or Project Manager, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, County may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) shall be paid by Contractor.

9.3.4 In special circumstances where a part of the Work is occupied or a particular item of equipment is

placed in continuous service before Final Acceptance of all the Work, the correction period for that part of the Work or that item may start to run from an earlier date if so provided by Contract Modification.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 9.3.5 Where defective or rejected Work (and damage to other work resulting therefrom) has been corrected,

removed or replaced under this provision after the commencement of the correction period, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

9.4 ACCEPTANCE AND CORRECTION OF DEFECTIVE WORK BY COUNTY 9.4.1 County may accept defective Work: If, instead of requiring correction or removal and replacement of

defective Work, County (and, prior to final payment, also Project Manager) prefers to accept it, County may do so. Contractor shall pay all claims, costs, losses and damages attributable to County's evaluation of and determination to accept such defective Work. If any such acceptance occurs prior to final payment, a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work, unless the parties are unable to agree upon an appropriate decrease in the Contract Sum, in which case County may deduct from monies due Contractor the amount of any and all claims, costs, losses (including diminution in value), damages, expenses and liabilities attributable to the defective work. If Contractor disagrees with the deduction, the Contractor may make a claim as provided in Paragraph 12. If the acceptance occurs after Final Payment, an appropriate amount shall be paid by Contractor as determined by County.

9.4.2 County may correct untimely or defective Work: If Contractor fails within five (5) calendar days after

written notice from County or Project Manager to correct defective Work or to remove and replace rejected Work as required by Project Manager in accordance with paragraph 9.3.2, or provide a plan for correction of defective Work acceptable to County, or if Contractor otherwise fails to perform the Work in accordance with Contract Documents (including material delays from approved schedules), County may (at its sole option), after seven (7) calendar days written notice to Contractor, correct and remedy any deficiency. In connection with such corrective and remedial action, County may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's work related thereto, take possession of all or part of Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate in the Work any materials and equipment stored at the site or for which County has paid Contractor but which are stored elsewhere. Contractor shall allow County, its representatives, agents, employees, and other contractors access to the site to enable County to exercise the rights and remedies under this paragraph. All claims, costs, losses (including diminution in value), damages, expenses and liabilities incurred or sustained by County in exercising such rights and remedies will be the responsibility of Contractor and a change order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree on the amount of an appropriate decrease in the Contract Sum, County may deduct from monies due Contractor all claims, costs, losses (including diminution in value), expenses, damages and liabilities attributable to the defective Work, including all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. If Contractor disagrees with County's calculation, it may make a claim as provided in Paragraph 12.

9.5 RIGHTS UPON INSPECTION OR CORRECTION 9.5.1 The Contractor shall not be allowed an extension of the Contract Times (or any milestones) because of

any delay in the performance of Work attributable to the exercise by County of its rights and remedies under this Paragraph. Where County exercises its rights under this paragraph, it retains all other rights it has by law or under the Contract Documents, including but not limited to, the right to terminate the Contract and/or make a claim or back charge where a change order cannot be agreed upon.

9.5.2 Inspection shall not relieve the Contractor of its obligation to have furnished material and workmanship

in accordance with Contract Documents. Payment for work completed through periodic progress payments or otherwise shall not operate to waive the County's right to require full compliance with the Contract Documents and shall in no way be deemed as acceptance of the Work paid therefor.



Contractor's obligation to complete the Work in accordance with the Contract Documents shall be absolute, unless County agrees otherwise in writing.

9.6 SAMPLES AND TESTS OF MATERIALS AND WORK 9.6.1 Samples or test specimens of all materials to be used or offered for use in connection with this work

shall be prepared at expense of Contractor and furnished to Project Manager in such quantities and sizes as may be required for proper examination and tests.

9.6.2 All samples shall be submitted in ample time to enable Project Manager to make any tests, analyses or

examinations necessary before the time at which it is desired to incorporate the material into the work. 9.6.3 Project Manager may refuse consideration of further samples of same brand or make of material or

product previously determined as unsatisfactory for testing, analysis or examination. 9.6.4 Test samples or specimens of material for testing may be taken by County’s Project Manager, his or her

representative, Project Inspector or representative of the testing agency. 9.7 PROOF OF COMPLIANCE WITH CONTRACT PROVISIONS In order that County or Project Manager may determine whether Contractor has complied or is complying with

requirements of Contract not readily enforceable through inspection and tests of Work and materials, Contractor shall at any time when requested submit to County or Project Manager properly authenticated documents or other satisfactory proofs of compliance with requirements.

9.8 ACCEPTANCE Neither inspection by County or its authorized agents or representatives, nor any order or certificate for the

payment of money, nor any payment, nor acceptance of the whole or any part of the Work by County, nor any extension of time, nor any position taken by County or its authorized agents or representatives shall operate as a waiver of any provisions of this Contract, or of any power herein reserved County or any right to damage herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other subsequent breach.

10 CONTRACTOR'S ORGANIZATION AND EQUIPMENT 10.1 CONTRACTOR'S LEGAL ADDRESS Address and telecopy (facsimile) number given in bid is hereby designated as legal address and telecopy number

of Contractor, but such address and/or number may be changed at any time by notice in writing, delivered to County, which in conspicuous language advises County of a change in legal address or telecopy number. Delivery to Contractor's legal address or depositing in any post office or post office box regularly maintained by United States Postal Service, in a postpaid wrapper, directed to Contractor at legal address, of any drawing, notice, letter or other communication, shall be deemed legal and sufficient service thereof upon Contractor. Telecopy to Contractor's designated telecopy number of any letter, memorandum, or other communication on standard or legal sized paper, with proof of telecopy transmission, shall be deemed legal and sufficient service thereof upon Contractor.

10.2 Section intentionally omitted. 10.3 CONTRACTOR'S SUPERINTENDENTS OR FOREPERSONS Contractor shall at all times be represented on Site by the resident Superintendent who shall be authorized and

competent to receive and carry out any instructions that may be given. (Rev. 9/19/06) 00700 - 19 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 10.4 PROFICIENCY IN ENGLISH Supervisors, security guards, safety personnel and employees who have unescorted access to the Site must

possess proficiency in the English language in order to understand, receive and carry out oral and written communications or instructions relating to their job functions, including safety and security requirements.

10.5 CONTRACTOR'S EMPLOYEES Contractor shall employ only competent and skillful personnel to do work. If Project Manager shall notify

Contractor that any person on Work is incompetent, unfaithful or disorderly, or fails to observe customary standards of conduct or refuses to carry out provisions of Contract, or uses threatening or abusive language to any person on Work representing County, or violates sanitary rules, or is otherwise unsatisfactory, and if Project Manager requests that such person be discharged from the work, then such person shall be immediately discharged from Work and shall not be employed again on it except with consent of Project Manager.

10.6 CONTRACTOR TO SUPPLY SUFFICIENT WORKERS AND MATERIALS 10.6.1 Unless otherwise required by County pursuant to the terms of the Contract Documents, Contractor shall

at all times keep on the premises a sufficient amount of materials and employ a sufficient number of qualified workers to prosecute Work at a rate and in a sequence and manner necessary to complete Work herein required within the Contract Times. This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.

10.6.2 Should Contractor at any time during progress of Work refuse, neglect, or be unable to supply

sufficient materials or qualified workers to prosecute Work as required, then upon receipt of notice to that effect from Project Manager, County or its designee may notify Contractor, at no cost to County, to accelerate the Work and/or furnish additional qualified workers or materials as Project Manager may consider necessary, and if Contractor does not comply with notice from Project Manager, County or County's designee within 3 business days of date of service thereof, County shall have right but not a duty to provide materials and qualified workers to finish the Work or any affected portion of the Work, as County may elect. Sums necessary to meet expenses thereby incurred shall be deducted from monies due or which may thereafter become due under Contract, and paid to persons supplying materials and doing work. Amount of such payments shall be deducted from fund or appropriation set aside for purposes of Contract and charged to Contractor as if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of County from claims of others.

10.6.3 Exercise by County or Project Manager of the rights conferred upon them in paragraph 10.6.2,

immediately above, is entirely discretionary on the part of County and Project Manager. Neither County nor Project Manager shall have any duty or obligation to exercise the rights referred to in paragraph 10.6.2 above, and the failure to exercise such rights shall not be deemed an approval of existing work progress or a waiver or limitation of County's or Project Manager's right to exercise such rights in other concurrent or future similar circumstances. The rights conferred upon County under paragraph 10.6.2 above are cumulative to County's other rights under the Contract Documents.

10.7 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person

shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.

10.7.1 Contractor shall, in all solicitations or advertisements for applications for employment placed as a result

of this contract, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual



orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

10.7.2 Contractor shall, if requested to so do by the County, certify that it has not, in the performance if this

contract, discriminated against applicants or employees because of their race, creed color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

10.7.3 If requested to do so by the County, contractor shall provide the County with access to copies of all of

its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

10.7.4 Contractor shall recruit vigorously and encourage minority and women owned business to bid its

subcontracts. 10.7.5 Nothing contained in this contract shall be construed in any manner so as to require or permit any act

which is prohibited by law. 10.7.6 The contractor shall include the provisions set forth in paragraphs numbered 10.7.1 through 10.7.5

(above) in each of its subcontracts. 10.8 CONTRACTOR TO LIST TRADES WORKING To assist inspectors and Project Manager, Contractor shall list on a daily basis what trades are working on the

Site and their scheduled activities and give list to Project Manager weekly. 11 PROSECUTION AND PROGRESS OF THE WORK 11.1 SCHEDULES AND EXAMINATION OF CONTRACT DOCUMENTS 11.1.1 Before undertaking each part of Work, Contractor shall carefully study and compare the Contract

Documents and check and verify pertinent figures shown thereon and all applicable field measurements and all actual conditions. Contractor shall promptly report in writing to County’s Project Manager any conflict, error, ambiguity or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from County’s Project Manager before proceeding with any Work affected thereby.

11.1.2 Contractor shall submit to Project Manager for review: a. Progress schedules and reports shall be submitted as required by Specification Sections 01300.

Contractor shall utilize the Progress Schedule in planning, scheduling, coordinating, performing and controlling the work (including all activities of Subcontractors, assigned contractors, equipment vendors and suppliers). Contractor shall update Progress Schedule on a monthly basis for purpose of recording and monitoring the progress of Work and evaluating and preparing Contractor's monthly progress payments.

b. Within ten (10) business days after the Notice of Award, a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal, as required by Specification Section 01300. If no such schedule is agreed upon, then all Shop Drawings, Samples and product data submittals shall be completed and submitted within thirty (30) business days after receipt of Notice of Award from County.

c. Within ten (10) business days after the Notice of Award, a preliminary schedule of values for all the Work which will include quantities and prices of items aggregating the Contract Sum and will subdivide each schedule of value into component activities in sufficient detail to serve as the basis for progress payments during construction. Such Schedule of Values will include an appropriate



amount of overhead and profit applicable to each item of work, will include a line item for project record documents, and a line item for project scheduling, and will conform to Specification Section 01025 – Measurement & Payment.

11.1.3 Unless otherwise provided in the Contract Documents, at least fifteen (15) calendar days before

submission of the First Application for Payment, a conference attended by Contractor, Project Manager, and others as appropriate, will be held to review the acceptability of schedules submitted in accordance with the above subparagraph 11.1.2. The Contractor shall have an additional fifteen (15) calendar days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed as required by Specification Sections 01025, 01300 and Progress Schedules & Reports. No progress payment shall be due or owing to Contractor until the schedules are submitted to and acceptable to Project Manager as meeting the requirements of the Contract Documents (including Specification Sections 01025, 01300 – submittals and 01310 – Progress Schedules & Reports.) Project Manager's acceptance of Contractor's schedules will not create any duty of care or impose on County or Project Manager any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor's full responsibility therefor.

11.1.4 Before commencing any portion of Work, Contractor shall inform Project Manager in writing as to

time and place at which Contractor wishes to commence Work, and nature of work to be done, in order that proper provision for inspection of Work may occur, and to assure measurements necessary for record and payment. Information shall be given to Project Manager a reasonable time in advance of time at which Contractor proposes to begin Work, so that Project Manager may make necessary preliminary work without inconvenience or delay to Contractor.

11.1.5 Contractor shall submit submittals and shop drawings to County’s Project Manager for review in strict

accordance with Section 01300 – Submittals. Submission of a Shop Drawing shall constitute Contractor's representation that all requirements of Section 01300, Submittals have been complied with. All submittals will be identified as County’s Project Manager may require and in the number of copies specified in Section 01300 – Submittals.

11.1.6 Contractor shall not perform work requiring submission of a Shop Drawing or Sample or other

submittal prior to submission and favorable review of the Shop Drawing or Sample or submittal. Where a Shop Drawing or Sample or other submittal is required by the Contract Documents or the final schedule of Shop Drawing and Sample submissions accepted by Project Manager, any related Work performed prior to County’s Project Manager approval of the pertinent submittal will be at the sole expense, responsibility and risk of Contractor.

11.2 LINES AND GRADES, MEASUREMENTS 11.2.1 Work shall be done to lines and grades established by Contractor at Contractor's cost in accordance

with Contract Documents, unless Project Manager, in its sole discretion, directs otherwise. 11.2.2 At request of Project Manager, Contractor shall, without charge, provide workers from Contractor's

force, and tools and materials, to assist Project Manager temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. At times it may be necessary to discontinue portions of Contractor's work in order for Project Manager to make measurements or surveys without interruptions or other interference that might impair accuracy of results. At any time, on request of Project Manager, Contractor shall discontinue work to such extent as may be necessary for purposes of Project Manager.

11.2.3 No direct payment will be made for cost to Contractor of any work or delay occasioned by establishing

or checking lines and grades or making other measurements, or by inspection, and no extension of time will be allowed for such delays.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 11.3 RECORD KEEPING 11.3.1 Contractor shall maintain full and correct information as to number of workers employed in connection

with each subdivision of Work, classification and rate of pay of each worker in form of certified payrolls, cost to Contractor of each class of materials, tools and appliances used by Contractor in Work, and amount of each class of materials used in each subdivision of Work. Contractor shall provide Project Manager with written weekly summaries of this information. If Contractor maintains summaries or reports comparing actual project costs with bid estimates or budgets, it shall provide Project Manager with a copy of such report whenever it is generated.

11.3.2 Contractor shall maintain daily job reports recording all significant activity on the job, including the

number of workers on site, work activities, problems encountered and delays. Contractor shall take weekly progress photographs of all areas of the Work. Contractor shall maintain copies of all correspondence with sub-contractors and records of meetings with subcontractors. Contractor shall report to the Surety promptly upon receiving requests from the Surety to provide reporting. Contractor shall provide daily job reports as required by County and/or specified in Section 01310.

11.3.3 County shall have the right to audit Contractor's books and records and to inspect the site, and this

requirement shall be contained in the subcontracts of subcontractors working on site. County shall have the right to inspect and obtain copies of the following documents at all times: all contract documents, all planning and design documents, all Bid proposal and negotiation documents, all design modification proposals, all value engineering or other cost reduction proposals, all revisions made to the original design, and to all job progress reports and photographs.

11.3.4 Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications,

Addenda, Contract Modifications, Change Orders, Work Directives, Force Account orders, and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be maintained and be available to Project Manager for reference. Upon completion of the Work, these Record Documents, Samples and Shop Drawings shall be delivered to Project Manager.

11.3.5 County and State Auditor General shall have the right to inspect all information and documents

maintained under this provision at any time during the Project and for a period of five years following Substantial Completion. This right of inspection shall be specifically enforceable in a court of law, either independently, or in conjunction with enforcement of any other rights in the Contract Documents. County's right of inspection shall not relieve contractor of its duties and obligations under this contract.

11.4 COMPLIANCE WITH REGULATIONS: 11.4.1 Pursuant to the Building Standards Administrative Code, Contractor shall submit verified reports to the

General Services Agency. These verified reports must be submitted on form "LIC 2" as required by California Code of Regulations. Title 24, Part I, § 7-151(a) (1995). The verified reports must be signed and be based on the contractor's personal knowledge, meaning the contractor's actual knowledge, which is obtained from his/her observation of the construction of the building. The exercise of reasonable diligence to obtain the facts is required. The reports must verify that "the work during the period covered by the report has been performed and materials used and installed are in accordance with the approved contract documents". Contractor shall submit to the General Services Agency such verified reports every month as the construction progresses.

11.4.2 Pursuant to the Building Standards Administrative Code, any alterations to existing buildings or new

constructions shall be in conformance with Chapter 4A, Part 2, Title 24, of the California Code of Regulations, including without means of limitation, Section 420A thereto. Construction shall comply



with all applicable regulations adopted by the California State Fire Marshal for the particular occupancies concerned.

12 CLAIMS BY CONTRACTOR 12.1 GENERAL 12.1.1 Contract Interpretation Disputes: Should it appear to Contractor that the Work to be performed or any

of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to County through Project Manager. Contractor shall bear all costs incurred in the giving of such notice. All issues regarding the interpretation of the Drawings or Specifications shall be referred to County’s Project Manager for interpretation. All issues regarding the General Conditions, General Specifications or non-engineering or non-technical aspects of the Work shall be determined by County whose determination shall be final. If the Contractor should disagree with County's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with this Paragraph. Notwithstanding and pending the resolution of any claim, the Contractor shall diligently prosecute the disputed Work to final completion.

12.1.2 Work Disputes: Should any dispute arise under this Contract respecting the true value of any Work

performed, of any Work omitted, of any extra Work which the Contractor may be required to perform, time extensions, respecting the size of any payment to the Contractor during the performance of this Contract, or of compliance with Contract procedures, said dispute shall be decided by County and its decision shall be final and conclusive. If the Contractor should disagree with County's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with this Paragraph. Notwithstanding and pending the resolution of any claim, the Contractor shall diligently prosecute the disputed Work to final completion.

12.1.3 "Claim" means a written demand or written assertion by Contractor seeking, as a matter of right, the

payment of money, the adjustment or interpretation of Contract terms, or other relief arising under or relating to the Contract Documents. In order to qualify as a "claim," the written demand must state that it is a claim submitted under Paragraph 12 of Section 00700 General Conditions.

12.1.4 A voucher, invoice, payment application, or other routine or authorized form of request for payment is

not a claim under the Contract. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract by submitting a separate claim in compliance with claim submission requirements.

12.1.5 The provisions of this paragraph survive termination or completion of this Contract. Contractor shall

bear all costs incurred in the preparation and submission of a claim. 12.2 PROCEDURE 12.2.1 Should any clarification, determination, action or inaction by County, work, or any other event, in the

opinion of Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in Contractor seeking additional compensation for any reason (collectively "disputed Work"), then Contractor and County shall make good faith attempts to resolve any and all such issues, claims and/or disputes. Before commencing the disputed Work, or within seven (7) calendar days after such demand is made or instruction is given, whichever is earlier, Contractor must file a written notice of the disputed work with Project Manager stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written notice of disputed work is not issued within this time period, or if Contractor proceeds with the disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 12.2.2 County will review Contractor's timely notice of disputed Work and provide a decision. If, after

receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of the Contract, it shall so notify Project Manager, in writing, within seven (7) calendar days after receiving the decision, that a formal claim will be issued. Within thirty (30) calendar days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in Contractor waiving its right to the subject claim. If disputed Work persists longer than thirty (30) calendar days, then Contractor shall, every thirty (30) calendar days until the disputed Work ceases, submit to County a document titled "Claim Update" which shall update and quantify all elements of the Claim. Contractor's failure to submit a Claim Update or to quantify costs every thirty (30) calendar days shall result in waiver of the claim for that thirty (30) day period. Claims or claim updates stating that damages will be determined at a later date shall not comply with this paragraph and shall result in Contractor waiving its claim(s).

12.2.3 Upon receipt of Contractor's formal claim including all arguments, justifications, cost or estimates,

schedule analysis, and documentation supporting its position as previously stipulated, County or its designee will review the issue and render a final determination. If Contractor's claims at project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code.

12.2.4 Claims shall be calculated in the same manner as Change Orders. EXCEPT WHERE PROVIDED BY

LAW, OR ELSEWHERE IN THESE CONTRACT DOCUMENTS (IF APPLICABLE), COUNTY SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, AND CLAIMS SHALL NOT INCLUDE SPECIAL OR CONSEQUENTIAL DAMAGES.

12.3 CLAIM FORMAT Contractor shall submit the claim justification in the following format:

a. Cover letter and certification, b. Summary of claim including underlying facts, entitlement, quantity calculations, and contract

provisions supporting relief, c. List of documents relating to claim including specifications, drawings, clarifications/requests for

information, schedules, other, d. Chronology of events and correspondence, e. Analysis of claim merit, f. Analysis of claim cost, and g. Attach supporting documents referenced in (c).

12.4 EXCLUSIVE REMEDY Contractor's performance of its duties and obligations specified in this Paragraph 12 and submission of a claim

as provided in this Paragraph 12 is Contractor's sole and exclusive remedy for the payment of money, extension of time, the adjustment or interpretation of Contract terms or other contractual or tort relief arising from this Contract. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout this Agreement) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or this Agreement, negligence or strict liability by County, its representatives, consultants or agents, or the transfer of the Work or the Project to County for any reason whatsoever. Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the claim submission requirements. Compliance with the notice and claim submission procedures described in this Paragraph 12 is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No claim or issues not raised in a timely protest and timely claim submitted under this Paragraph may be asserted in any Government Code Claim, subsequent litigation, or legal action.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 12.5 MEDIATION All Claims not resolved by the Meet and Confer procedures as set forth in Section 01060 (Regulatory

Requirements), subsection 5, shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, then shall utilize the services of a mediator selected by the American Arbitration Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation's conclusion. All pending claims shall be submitted to the same mediator.

13 LEGAL AND MISCELLANEOUS 13.1 LAWS AND REGULATIONS Contractor shall keep fully informed of and shall comply with all laws, ordinances, regulations and orders of any

properly constituted authority affecting Contract, Work to be done, and persons connected with Work, and shall protect and indemnify County and its officers, employees, consultants and agents against any claim or liability, including attorney's fees, arising from or based on violation of law, ordinance, regulation or order, whether by Contractor or by subcontractors, employees or agents. Authorized persons may at any time enter upon any part of Work to ascertain whether laws, ordinances, rules or orders are being complied with.

Whenever the Drawings and Specifications require large sizes or higher standards than are required by the

regulations, the Drawings and Specifications shall govern. Whenever the Drawings and Specifications require something which will violate such laws, ordinances, regulations or orders, then such laws, ordinances, regulations or orders shall govern.

13.2 PERMITS AND TAXES Contractor is not required to obtain a Building Permit for this fabric roof structure but shall procure all other

permits and licenses, pay all charges and fees, and give all notices necessary and incident to due and lawful prosecution of Work, unless otherwise provided herein. County will pay applicable building permits, school, sanitation, and water fees except as otherwise provided in the Contract Documents. Contractor shall pay all sales taxes levied on materials, supplies, or equipment purchased and used on or incorporated into Work, and all other taxes properly assessed against equipment or other property used in connection with Work. Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads and other works in advance of operations, even though permits for Work may have already been obtained by County.

13.3 RESPONSIBILITY OF CONTRACTOR AND INDEMNIFICATION 13.3.1 County and all of its officers and employees associated with Work, including, but not limited to, Board

of Supervisors and staff, General Services Agency and staff, Project Manager, and each representative of County, including their officers, consultants, agents, and employees, respectively, shall not be liable or accountable in any manner for:

a. loss or damage that may happen to Work or any part thereof; b. loss or damage to materials or other things used or employed in performing Work; c. injury, sickness, disease, or death of any person, including, but not limited to, workers and the

public; or d. damage to property; resulting from any cause whatsoever except their sole negligence or active negligence, attributable to

performance or character of Work, and Contractor releases said parties from any and all such claims.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 13.3.2 To the furthest extent permitted by California Civil Code Section 2782, Contractor shall assume

defense of, and indemnify, and hold harmless County and all of its officers and employees connected with Work, Board of Supervisors and staff, General Services Agency and staff, Project Manager and all other representatives of County, and their officers, consultants, agents, and employees, from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to attorney's fees and consultant's fees, directly or indirectly arising out of, connected with or resulting from performance of Work, failure to perform Work, or condition of Work which is caused in whole or part by any act or omission of Contractor, subcontractors, any one directly or indirectly employed by any of them or any one for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of County or any party required to be indemnified hereunder.

13.3.3 With respect to third party claims against Contractor, Contractor waives any and all rights to any type

of express or implied indemnity against County and all of its officers and employees connected with Work, including Project Manager and each representative of County, and their officers, consultants, agents, and employees.

13.3.4 Approval or Purchase of any insurance contracts or policies shall in no way relieve from liability nor

limit the liability of Contractor, its subcontractors of any tier, or the officers or agents of any of them. 13.3.5 To the furthest extent permitted by Civil Code Section 2782, the indemnities, releases of liability and

limitations of liability, and limitations of remedy expressed throughout this Contract shall apply even in the event of breach of Contract, negligence (active or passive), fault or strict liability of the party indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, or completion of this Contract. If Contractor fails to perform any of these defense or indemnity obligations, County may in its discretion backcharge Contractor for its costs and damages resulting therefrom and withhold such sums from progress payments or other contract monies which may become due.

13.4 NOTICE OF CONCEALED OR UNKNOWN CONDITIONS 13.4.1 Before commencing work of digging trenches or excavation, Contractor shall review all information

available regarding subsurface conditions, if included and subject to the terms and conditions of these documents, Contractor shall also contact Underground Service Alert ("USA") and secure from it all information in its possession regarding underground conditions, including Underground Facilities at the Site. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide County with copies of all USA records secured by Contractor. Contractor shall advise County of any conflict between information provided in Section 00220 Geotechnical Data and Existing Conditions and that provided by USA records.

13.4.2 If either of the following conditions is encountered at Site, notice by Contractor shall be given in

writing to Project Manager promptly before conditions are disturbed (except in an emergency as required by paragraph 16.4), and in no event later than seven (7) calendar days after first observance of:

a. Subsurface or latent physical conditions which differ materially from those indicated in the

Contract Documents. b. Unknown physical conditions of an unusual nature, different materially from those ordinarily

encountered and generally recognized as inherent in work of the character provided for in Contract Documents.

13.4.3 In response to Contractor's written notice, Project Manager will investigate the identified conditions,

and if they differ materially and cause increase or decrease in Contractor's cost of, or time required for, performance of any part of Work, Project Manager will issue a change order under the procedures described in the Contract Documents.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 13.4.4 If Project Manager determines that physical conditions at Site are not latent or are not materially

different from those indicated in the Contract Documents or that no change in terms of Contract is justified, Project Manager shall so notify Contractor in writing, stating reasons. If County and Contractor do not agree on an adjustment in Contract Sum or Contract Times, Contractor shall proceed with Work as directed by Project Manager and may file a claim as provided for in Paragraph 12.

13.4.5 Contractor shall not be entitled to any adjustment in the Contract Sum or Times regarding claimed

latent or materially different site conditions if: a. Contractor knew of the existence of such conditions at the time Contractor submitted its bid; or b. Contractor should have known of the existence of such condition as a result of having fully

complied with the requirements of Paragraph 2 herein; or c. The information or conditions claimed by Contractor to be latent or materially different consist of

information, conclusions, opinions or deductions of the kind that Paragraph 13.4.2 herein precludes reliance upon; or

d. If Contractor failed to give the written notice within the time required above. 13.4.6 If County and Contractor are unable to agree on entitlement to or as to the amount or length of any

adjustment in the Contract Sum or Contract Times required under this paragraph, Contractor may make a claim as provided in Paragraph 12.

13.4.7 The cost of all of the following will be included in the Contract Sum and Contractor shall have full

responsibility for: a. Reviewing and checking all available information and data; b. Locating all Underground Facilities shown or indicated in Contract Documents, available

information, or indicated by visual observation, including but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing.

c. Coordination of Work with the owners of such Underground Facilities during construction, and d. The safety and protection of all such Underground Facilities and repairing any damage thereto

resulting from Work. 13.4.8 If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown

or indicated in the materials supplied by County or in information on file at USA, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) calendar days), and prior to performing any Work in connection therewith (except in an emergency as required by paragraph 16.4), notify the owner of such Underground Facility and give written notice to that owner and to Project Manager. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 11.4.

13.4.9 Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Times, or

both, to the extent that they are attributable to the existence of any Underground Facility that is owned and was built by County only where the Underground Facility:

a. Was not shown or indicated in the Contract Documents, or in information on file at USA; and b. The Contractor did not know of it; and c. The Contractor could not reasonably have been expected to be aware of it or to anticipate it from

the information available. For example, if surface conditions such as pavement repairs, valve covers, or other markings, indicate the presence of an Underground Facility, then a Change Order will not be due, even if the Underground Facility was not indicated in the Contract Documents, or in information on file at USA.

13.4.10 Contractor shall bear the risk that Underground Facilities not owned or built by County may differ in

nature or locations shown in information made available by County, or in information on file at USA. (Rev. 9/19/06) 00700 - 28 GENERAL CONDITIONS


Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor is to apply its skill and industry to verify the information available.

13.4.11 Paragraphs 13.4.2 through 13.4.4 shall only apply to contracts involving digging of trenches or

excavations of greater than four (4) feet in depth, and for purposes of Public Contract Code section 7104, specifically identified “technical data” shall be treated as information “indicated” by the Contract Documents.

13.5 ENVIRONMENTAL CONDITIONS AND CONTROLS 13.5.1 EXISTING CONDITIONS a. Asbestos: Many County-owned buildings contain asbestos-containing construction materials

(i.e. materials that contain greater than 0.1% asbestos). Asbestos-containing construction materials known by County to be present in areas affected by Work are identified in Section 00240 – Asbestos and Lead Data. Any disturbance or removal of asbestos-containing construction materials by Contractor is prohibited, except as specifically provided in Drawings and Specifications pertaining to asbestos abatement, and only by a properly trained and licensed asbestos abatement contractor. All applicable federal, state, and local regulations will be adhered to when work requires disturbance or removal of asbestos containing construction materials.

In the event Contractor encounters previously unknown materials that he/she suspects may

contain asbestos, Contractor shall immediately stop work and secure the area as necessary to prevent disturbance of the suspect material. Contractor shall promptly notify the Project Manager of any suspect material encountered, and shall redeploy workers, equipment and materials to other Work in order to minimize delays and disruption. In response to Contractor’s notification, the Project Manager shall promptly investigate the material. If the suspect material is found to contain asbestos, the County shall arrange for any required asbestos abatement services under separate contract.

Any increase or decrease in Contract Sum or Contract Times resulting from Contractor

encountering suspect asbestos-containing materials and any subsequent abatement actions shall be determined in accordance with the procedures specified in Paragraphs 13.4.3, 13.4.4 and 13.4.5.

b. Lead: Materials present in County-owned facilities that may contain lead include, but are not

limited to, paints, varnishes, ceramic tile glazing, plaster and other coatings. Lead results for any sampling conducted by County in Work areas are presented in Section 00240 – Asbestos and Lead Data. Any potential lead containing materials not sampled and tested by County are assumed to contain detectable concentrations of lead requiring compliance with applicable regulatory requirements.

Contractor shall be responsible for compliance with all applicable federal, state, and local

regulations when conducting Work activities that disturb materials that contain lead. Compliance should include, but is not limited to: ensuring appropriate use of personal protective equipment; monitoring employee exposures to airborne lead dust; ensuring appropriate containment of the Work area; and ensuring appropriate lead waste segregation, characterization, and disposal.

Contractor shall not create any visible dust outside of the Work area while disturbing materials

that contain lead. If at any time Contractor’s Work practices generate detectable dust outside of the Work area, Contractor shall halt Work and clean-up the affected area. At the discretion of the County, dust wipe samples may be collected after clean-up activities have been completed to verify adequate clean-up of the affected area. Contractor will then modify work practices,



through employment of any necessary engineering controls, to eliminate dust generation outside of the work area. Engineering controls, clean-up activities, and modifications to work practices necessary to eliminate dust generation shall not impact the cost of the contract nor increase the Contractor’s time of completion. Implementation of any engineering control shall be approved by the County’s Project Manager, in writing, prior to installation.

Upon project completion, and at the discretion of the County, clearance dust wipe samples may

be collected in and adjacent to the Work areas to verify adequate clean-up of lead contaminated dust.

c. Polychlorinated Biphenyl’s (PCBs): PCB-containing light ballasts may be present in County-

owned buildings. Contractor shall assume that all light ballasts, unless clearly marked “Non-PCB”, contain PCBs. Contractor shall comply with all applicable regulations when conducting work involving the disturbance, removal and/or disposal of PCB-containing materials.

d. Mercury: Mercury-containing equipment and materials including, but not limited to,

fluorescent light tubes, HID lamps, thermostats and other equipment with tilt switches, thermometers and pressure gauges may be present in County-owned buildings. Contractor shall comply with all applicable federal, state, and local regulations for handling, storing, and recycling mercury-containing equipment and materials.

13.5.2 CONTRACTOR’S USAGE OF ENVIRONMENTALLY REGULATED MATERIALS/ PRODUCTS: a. Contractor shall obtain the Material Safety Data Sheets (MSDS) from the

suppliers/manufacturers of all materials/products proposed for use in completing the Work and shall submit those MSDS to the County for approval prior to bringing any such material/product onto County’s property.

b. Materials/products that do not contain hazardous ingredients should be used whenever possible. Products that contain asbestos or other known carcinogens will not be approved for usage unless no alternative exists. Products that contain lead will not be approved for usage unless no alternative exists.

c. Workers using approved materials/products shall be familiar with the information on the corresponding MSDS, and shall be trained in their proper usage and limitations.

13.5.3 Hazardous Materials Releases and Other Environmental Incidents: Contractor shall promptly notify

the Project Manager of any hazardous materials release or other environmental incident. Contractor is responsible for remedying all associated impacts to Work, persons and/or property as set forth in Paragraph 16. Any project delays and/or additional costs resulting form such incidents are the Contractor’s responsibility.

13.5.4 ENVIRONMENTAL CONTROLS: In addition to complying with all regulations pertaining to air and noise pollution, Contractor shall

implement control measures to address dust, odor, noise and other conditions which may be present at levels not presently regulated, but are a source of discomfort for the occupants of County-owned facilities and/or occupants of adjacent properties. Control measures may include, but are not limited to, the following:

• Install appropriate mufflers and filters on equipment to minimize noise and exhausts. • Install dust curtains, sticky pads and other control measures to minimize the migration of dust

from the Work area to adjacent occupied areas. • Schedule activities that may produce excessive dust, odors, noise and/or fumes during hours

when the facility occupants are not present. (Rev. 9/19/06) 00700 - 30 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 The Project Manager shall provide written notification to Contractor of all reasonable and actionable

occupant complaints pertaining to Contractor’s performance of the Work. Under certain circumstances, the Project Manager may even instruct the Contractor to stop the offending activity until appropriate solutions can be agreed to and implemented. Contractor, within a time frame specified by the Project Manager, shall submit for the Project Manager’s approval a written plan to mitigate the problem, including a schedule of implementation and any resultant adjustment in Contract Times and Contract Sum that the Contractor believes he/she is entitled to. The Project Manager’s approval or denial of any requested adjustments shall be based on whether or not the approved mitigation measures exceed industry standard/practices and are outside the scope of Work, and whether or not the adjustment amounts are reasonable. If County and Contractor are unable to agree on the adjustments requested by Contractor under this paragraph, Contractor may make a claim as provided in Paragraph 12.

13.5.5 ENVIRONMENTAL WARRANTY: Contractor covenants, warrants and represents to County that: a. No litigation is pending or, to Contractor's knowledge, proposed, threatened or anticipated with

respect to the Contractor, or with respect to any other matter pertaining to Work, persons and/or property.

b. All hazardous materials releases and other environmental incidences were reported to the County in accordance with the requirements of Paragraph 13.5.3.

c. Only products/materials approved by County were used in the performance and completion of Work.

d. Work was performed and completed in accordance with all applicable environmental regulations, and no notice from any governmental body has been served upon Contractor claiming any violation of any such regulations, or requiring or calling attention to the need for any work, repairs, construction, alteration, or installation on or in connection with the Work in order to comply with any such regulations with which Contractor has not complied.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 13.6 SUSPENSION OF WORK County may, without cause, order Contractor in writing to suspend, delay or interrupt Work in whole or in part

for such period of time as County may determine. An adjustment shall be made for increases in cost of performance of Contract caused by any such suspension, delay or interruption. No adjustment shall be made to extent: (a) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or (b) that an equitable adjustment is made or denied under another provision of Contract; or (c) that the suspension of work was the direct or indirect result of Contractor's failure to perform any of its obligations hereunder. Adjustments made in cost of performance may have a mutually agreed fixed or percentage fee.

13.7 TERMINATION OF CONTRACT FOR CAUSE 13.7.1 Contractor shall be in default of this Contract and County may terminate Contractor's right to proceed

under the Contract Documents, for cause: a. Should Contractor make an assignment for the benefit of creditors, admit in writing its inability to

pay its debts as they become due, file a voluntary petition in bankruptcy, be adjudged a bankrupt or insolvent, file a petition or answer seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future statute, law, or regulation, filing any answer admitting or not contesting the material allegations of a petition filed against Contractor in any such proceeding, or seek, consent to, or acquiesce in, the appointment of any trustee, receiver, custodian or liquidator of Contractor or of all or any substantial part of the properties of Contractor, or if Contractor, its directors or shareholders, take action to dissolve or liquidate Contractor; or

b. Should Contractor commit a material breach of this Agreement and not cure such failure within ten (10) calendar days of the date of notice from County to Contractor demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide County within the 10 day period with a written plan acceptable to County to cure said breach, and then diligently commence and continue such cure according to the written plan); or

c. Should Contractor violate or allow a violation of any valid law, statute, regulation, rule, ordinance, permit, license or order of any governmental agency applicable to the Project or Work and does not cure such violation within ten (10) calendar days of the date of the notice from County to Contractor demanding such cure; or, if such failure is curable but not curable within such ten (10) day period, within such period of time as is reasonably necessary to accomplish such cure. (In order for Contractor to avail itself of a time period in excess of 10 calendar days, Contractor must provide County within the 10 day period with a written plan to cure said violation acceptable to County, and then diligently commence and continue performance of such cure according to the written plan.)

13.7.2 If County at any time reasonably believes that Contractor is or may be in default under its Contract, as

defined above, County may in its sole discretion notify Contractor of this fact and request written assurances from Contractor of performance of the Contract and a written plan from Contractor to remedy any failures to perform the terms of the Contract which County may advise the Contractor of in writing. Failure of the Contractor to provide written assurances of performance as required herein will constitute a material breach of this Contract sufficient to invoke paragraph 13.7.1.b above.

13.7.3 In event of termination for cause, County shall immediately serve written notice thereof upon Surety

and Contractor. Surety shall have the rights and obligations set forth in the Performance Bond. Subject to the Surety's rights under the Performance Bond (which rights are waived upon a default under the Performance Bond), County may take over Work and prosecute it to completion by contract or by any other methods it may deem advisable.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 13.7.4 In the event of termination by County as provided in subparagraph (1) above for cause, a. County shall compensate Contractor for the value of the Work delivered to County upon

termination as determined in accordance with the Contract Documents, subject to all rights of offset and backcharges, and provided that Contractor provides County with updated as built and project record documents showing the work performed up to the date of termination. However, County shall not compensate Contractor for its costs in terminating the Work or any cancellation charges owed to third parties;

b. Contractor shall deliver to County possession of the Work in its then condition, including but not limited to, all designs, engineering, project records, cost data of all types, Drawings and Specifications and contracts with vendors and subcontractors, and all other documentation associated with the Project, and all construction supplies and aids dedicated solely to performing Work which, in the normal course of construction, would be consumed or only have salvage value at the end of the construction period. The Contractor shall remain fully liable for the failure of any Work completed and materials and equipment provided through the date of such termination to comply with the provisions of the Contract Documents. The provisions of this Paragraph shall not be interpreted to diminish any right which County may have to claim and recover damages for any breach of this Agreement, but rather, Contractor shall compensate County for all loss, cost, damage, expense, and/or liability suffered by County as a result of such termination and failure to comply with the Contract Documents.

13.7.5 In the event a termination for cause is determined to have been made wrongfully or without cause, then

the termination shall be treated as a termination for convenience, and Contractor shall have no greater rights than it would have had if a termination for convenience had been effected. Any Contractor claim arising out of a termination for default shall be made in accord with the provisions of the Contract Documents on claims and calculated in accordance with the provisions of the Contract Documents on Change Orders and claims. No other loss, cost, damage, expense or liability may be claimed, requested or recovered by Contractor.

13.8 TERMINATION OF CONTRACT FOR CONVENIENCE County may terminate performance of Work under Contract in accordance with this clause in whole, or from

time to time in part, whenever County shall determine that termination is in best interest of County. Termination shall be effected by delivery to Contractor of notice of termination specifying extent to which performance of Work under Contract is terminated, and date upon which termination becomes effective.

13.8.1 After receipt of notice of termination, and except as otherwise directed by County, Contractor shall: a. Stop Work under Contract on date and to extent specified in notice of termination; b. Place no further orders or subcontracts for materials, services, or facilities except as necessary to

complete portion of Work under Contract which is not terminated; c. Terminate all orders and subcontracts to extent that they relate to performance of Work terminated

by notice of termination; d. Assign to County in manner, at times, and to extent directed by County, all right, title, and interest

of Contractor under orders and subcontracts so terminated. County shall have right, in its discretion, to settle or pay any or all claims arising out of termination of orders and subcontracts;

e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with approval or ratification of County to extent County may require. County's approval or ratification shall be final for purposes of this clause;

f. Transfer title to County, and deliver in manner, at times, and to extent, if any, directed by County, fabricated or unfabricated parts, Work in process, completed Work, supplies, and other material produced as part of, or acquired in connection with performance of, Work terminated by notice of termination, and completed or partially completed plans, drawings, information, and other property which, if Contract had been completed, would have been required to be furnished to County;


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 g. Use best efforts to sell, in manner, at times, to extent, and at price or prices that County directs or

authorizes, any property of types referred to in Subparagraph 2.f. above, but Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under conditions prescribed and at price or prices approved by County. Proceeds of transfer or disposition shall be applied in reduction of payments to be made by County to Contractor under Contract or shall otherwise be credited to price or cost of Work covered by Contract or paid in such other manner as County may direct;

h. Complete performance of part of Work as shall not have been terminated by notice of termination; and

i. Take such action as may be necessary, or as County may direct, for protection and preservation of property related to Contract which is in possession of Contractor and in which County has or may acquire interest.

13.8.2 After receipt of notice of termination, Contractor shall submit to County termination claim, in form and

with certification County prescribes. Claim shall be submitted promptly but in no event later than 6 months from effective date of termination. Contractor and County may agree upon whole or part of amount or amounts to be paid to Contractor because of total or partial termination of Work under this clause. If Contractor and County fail to agree, on whole amount to be paid to Contractor because of termination of Work under this clause, County shall determine, on basis of information available to it, amount, if any, due to Contractor by reason of termination and shall pay to Contractor for Work specified in Contract which is performed before effective date of notice of termination, total (without duplication of any items) of:

a. Reasonable cost to Contractor, without profit, for all Work performed prior to notice of

termination, including Work done to secure project for termination. In determining reasonable cost, deductions will be made for cost of materials to be retained by Contractor, amounts realized by sale of materials, and for other appropriate credits against cost of Work. Reasonable cost will include reasonable allowance for project overhead and general administrative overhead not to exceed a total of 10 percent of direct costs of such work.

b. When, in opinion of County, cost of contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, reasonable cost to be allowed will be estimated reasonable cost of performing work in compliance with requirements of Drawings and Specifications and excessive actual cost shall be disallowed.

c. Reasonable allowance for profit on cost of Work performed as determined under Subsection (1), provided Contractor establishes to satisfaction of County that Contractor would have made a profit had Contract been completed and provided further, that profit allowed shall not exceed 5 percent of cost.

d. Reasonable cost to Contractor of handling material returned to vendor, delivered to County or otherwise disposed of as directed by County.

e. Reasonable allowance for Contractor's administrative costs in preparing termination claim. f. County shall have no obligation to pay Contractor under this paragraph 13.8 unless and until

Contractor provides County with updated and acceptable as-builts and project record documents for work completed prior to termination.

In no event shall County be liable for costs incurred by Contractor or subcontractors after receipt of a

notice of termination. Such non-recoverable costs include, but are not limited to, anticipated profits on Contract, post-termination employee salaries, post-termination administrative expenses, post-termination overhead or unabsorbed overhead, costs of preparing and submitting bid, attorney's fees or other costs relating to prosecution of claim or lawsuit.

13.8.3 In arriving at amount due Contractor under this clause there shall be deducted: a. All unliquidated advance or other payments on account theretofore made to Contractor, applicable

to terminated portion of Contract, b. Any claim which County may have against Contractor in connection with Contract, and (Rev. 9/19/06) 00700 - 34 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 c. The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by

Contractor or sold, under provisions of this clause, and not otherwise recovered by or credited to County.

13.9 CONTINGENT ASSIGNMENT OF SUBCONTRACTORS Each subcontract agreement for a portion of the Work is assigned by Contractor to County provided that: 13.9.1 Assignment is effective only after termination of Contract by County for cause pursuant to Paragraph

13.7 above or for convenience pursuant to Paragraph 13.8 above; and, 13.9.2 Assignment is effective only for those subcontract agreements which County accepts by notifying the

Subcontractor in writing; and 13.9.3 Assignment is subject to the prior rights, if any, of the Surety, obligated by the bond provided under the

Contract, where the Surety exercises its rights to complete the Contract. 13.10 REMEDIES Subject to the Contract provisions regarding Contractor claims, claim review, and claim resolution, and subject

to the limitations therein, all claims, counter-claims, disputes and other matters in question between County and Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within the State of California, County of Alameda. All County remedies provided in this Contract shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided; and County shall have any and all equitable and legal remedies which it would have according to law.

13.11 PATENTS Fees or claims for any patented invention, article or arrangement that may be used upon or in any manner

connected with performance of Work or any part thereof, shall be included in price bid for doing Work. Contractor shall save, keep, bear harmless, and fully indemnify County, and any of its officers, employees, agents, or consultants from all damages, claims for damages, costs or expenses in law or equity, including attorney's fees, that may at any time arise or be set up for any infringement of the patent rights, copyright, trade name, trademark, service mark, trade secret or other like intellectual property of any person or persons in consequence of use by County, or any of its officers, agents, or consultants of articles to be supplied under the contract and of which Contractor is not patentee or assignee or has not lawful right to sell the same. Such costs or expenses for which Contractor agrees to indemnify and hold harmless the above indemnities includes but is not limited to any and all license fees, whether such fees are agreed to indemnitee or ordered by a court or administrative body of competent jurisdiction.

13.12 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES Except as noted specifically in Specifications, whenever in Specifications, material or process is designated by

patent or proprietary name or by name of manufacturer, such designation shall be deemed to be used for purpose of facilitating description of material and process desired, and shall be deemed to be followed by the words "or equivalent", and Contractor may offer any substitute material or process which Contractor considers equal in every respect to that so designated, and if material, or process, offered by Contractor is, in opinion of Project Manager, equal in every respect to that so designated, its use will be approved. Contractor shall submit to Project Manager a separate request for substitution pursuant to Section 01630 Substitutions, of the Specifications.

13.13 INTEREST OF PUBLIC OFFICERS No representative, officer, or employee of County, no member of the governing body of the locality in which the

Project is situated, no member of the locality in which County was activated, and no other public official of such (Rev. 9/19/06) 00700 - 35 GENERAL CONDITIONS


locality or localities who exercises any functions or responsibilities with respect to the Project, during the tenure of the official or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof.

13.14 LIMIT OF LIABILITY County, its employees, officers, directors or agents shall have no liability to contractor for special, consequential

or incidental damages, except to the limited extent that these contract documents or applicable public contracting statutes may specify their recovery.

13.15 SEVERABILITY Any provisions or portions thereof of this Agreement prohibited by, unlawful, or unenforceable under any

applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting other provisions or portions thereof in this Agreement. If the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement may be deemed to be a valid and binding agreement enforceable in accordance with its terms. If any provisions or portion thereof of this Agreement are prohibited by, unlawful, or unenforceable under any applicable law and are therefore stricken or deemed waived, the remainder of the provisions and this Agreement shall be interpreted to achieve the goals or intent of the stricken or waived provisions or portions thereof to the extent such interpretation is consistent with applicable law.

13.16 BADGE POLICY FOR CONTRACTORS All Contractors doing work for Alameda County will provide their workers with identification badges. These

badges will be worn by all members of the Contractor's staff who are working within the property limits of a County facility.

Badges must be filled out in full and contain the following information: a. Name of Contractor b. Name of Employee c. Contractor's address and phone number d. Name and phone number of Project Manager (County) Badges are to be worn when the Contractor or his/her employees are on site and must be visible at all times.

Contractors must inform their employees that they are required to allow County employees to review the information on the badges upon request.

Failure to display identification badges as required by this policy may result in the assessment of fines against

the Contractor. 13.17 COUNTY DRUG POLICY - DRUG FREE WORK PLACE Contractor, Contractor's employees, and Contractor's Subcontractors and their employee's shall comply with the

County's policy of maintaining a drug-free work place. Neither Contractor/Subcontractor nor Contractor's/Subcontractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine and amphetamines, at any County facility or work site. If Contractor or any employee of contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five (5) calendar days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this contract.

13.18 COUNTY RECYCLED PRODUCT PURCHASE PREFERENCE PROGRAM (Rev. 9/19/06) 00700 - 36 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 Pursuant to the County's Recycled Product Purchase Preference Program (Charter Subsection 64.120) and

Clinton Executive Order (Federal Acquisition, Recycling and Waste Prevention), Contractor shall use products with post-consumer recycled content to the greatest extent feasible.

13.19 RECYCLED CONTENT PRODUCT DEFINITIONS "Recycled Product": Shall mean a product that contains the highest amount of post-consumer materials

practicable or, when post-consumer material is impracticable for a specific type of product, containing substantial amount of recovered material.

"Post-consumer Material": Is defined as a finished material which would have been disposed of as a solid waste,

having completed its life cycle as a consumer item, and does not include manufacturing wastes. "Secondary (recovered) Material": Is defined as fragments of finished products or finished products of a

manufacturing process, which has converted a resource into a commodity of all economic value, and includes post-consumer waste, but does not include excess virgin resources of the manufacturing process.

"Re-used or Re-manufactured Product": Shall mean any product, good, material or supply which has been

diverted from the supply of discarded materials for refurbishing and marketing said product, good, material or supply without substantial change to its original form.

13.20 RECYCLED CONTENT STANDARDS It is the policy of Alameda County to purchase products containing the highest practicable amount of recycled

content, preferably post-consumer material, as long as product performance is not jeopardized and products are available within a reasonable period of time.

13.21 CERTIFICATION FORM REQUIREMENT When the contract submittal contains products with recycled content, a recycled content certification form

provided by the County must be included with the submittals (Section 5.15.5). The Certification form must state the minimum percentage of post-consumer material and secondary (recovered) material by total product weight, or fiber weight for paper, or total weight of the core recycled material in products with variable facings.

Complex products (such as electronics and automobiles) and metal products shall be excluded from recycled

content certification. 13.22 RECYCLED PAPER POLICY Contractor is encouraged, whenever practicable, to use recycled paper for the production of all printed and

photocopied documents related to the fulfillment of this contract, and shall attempt to identify that the coverage page of each document printed on recycled paper bears an imprint identifying it as recycled paper.

14 MODIFICATIONS OF CONTRACT 14.1 ALTERATIONS, MODIFICATIONS AND FORCE-ACCOUNT WORK 14.1.1 No modification or deviation from the Contract Documents will be permitted without prior County

approval. However, within the limits allowed by law, the Board, without invalidating the contract, may order Extra Work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly. Such modification of the contract (Contract Change Order – a written order) shall be signed by the Contractor, by the Project Manager, and by the President of the Board of Supervisors if required. A Change Order which is issued after the signing of a contract authorizes a change in the work, or an adjustment of the contract sum, and the contract time. These elements can only be changed by a Change Order.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 14.1.2 The Project Manager, before the date of completion of Work, may order changes in Work or Contract

Times herein required, and may order extra materials and extra work in connection with performance of Contract, and Contractor shall promptly comply with such orders. Any such orders shall be diligently carried out by Contractor in accordance with the Contract Documents. If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease cost of any part of Work, price fixed in Contract shall be increased or decreased by amount as Contractor and County may agree upon as reasonable and proper allowance for increase or decrease in cost of Work. If agreement cannot be reached, then County shall reach a determination, which shall be final, subject to Contractor's rights under Paragraph 12 herein.

14.1.3 Alterations, modifications or extras which result in change in Contract Sum or Contract Times or both,

shall be effected by written Contract Modification which has been approved by County or Project Manager. Those alterations or modifications which do not result in change in Contract Sum or Contract Times, and do not substantially change Drawings or Specifications, shall be effected only by written directive to Contractor from Project Manager.

14.1.4 Contractor shall, upon request by County, permit inspection of the original unaltered Contract bid

estimate, subcontract agreements, and purchase orders relating to the change; and documents substantiating all costs associated with the cost proposal.

14.1.5 Changes in the Work made pursuant to this Paragraph and extensions of Contract time necessary by

reason thereof shall not in any way release the guarantees/warranties given by Contractor pursuant to provisions of the Contract Documents, nor shall such changes in the Work relieve or release the sureties of bonds executed pursuant to said provisions. The Sureties, in executing such bonds, shall be deemed to have expressly agreed to any such change in the Work and to any extension of time made by reason thereof.

14.1.6 All such work shall be executed under the conditions of the original contract except that any claim for

extension of time caused thereby shall be adjusted at the time of ordering such change. 14.1.7 The Project Manager or assigned agent shall have the authority to order minor changes in the work not

involving extra cost and not inconsistent with the purposes of the project. The Project Manager shall also have the authority to order changes in an emergency endangering life or property. Requests for all other modifications shall be in the form of a written order from the County, stating that the County has authorized the modifications. Such written orders shall be the only basis of a claim for an addition to the contract sum.

14.1.8 Award of a Contract by the County for a portion of the work of the Project shall in no way obligate the

County to extend the work of that Contract to cover any other portion of the work of the Project. 14.2 COST BREAKDOWN 14.2.1 When a modification is proposed, the Contractor shall furnish three (3) copies of a complete breakdown

of costs of both credits and extras itemizing materials, labor, taxes, overhead and profit on a form approved by the County. Subcontract work shall be indicated. All subcontract work shall be verified by an itemized breakdown as mentioned above on the subcontractor's letterhead stationary. Following submission of cost breakdown, Contractor shall meet with the Project Manager or assigned agent to discuss all aspects of scope, costs, scheduling and construction methods, to ensure agreement.

14.2.2 The Contractor will also be required to present, in such frequency and form as the County’s Project

Manager may direct, a correct account of the cost together with vouchers or invoices from material suppliers and/or subcontractors on their letterhead stationary.

14.3 LIMITATIONS WHERE CONTRACT PRICE CHANGES ARE INVOLVED (Rev. 9/19/06) 00700 - 38 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 The following limitations shall apply in the calculation of the costs of changes: 14.3.1 Contractor will be permitted a reasonable allowance for profit and overhead due to the increased costs

brought on by additional work. Profit and overhead will be deducted from any portion of the Work which is deleted. Profit and overhead for the Contractor or a subcontractor performing the work with their own crews shall not exceed fifteen percent (15%) of the cost of the Work. In case of a change involving both credits and extras, overhead and profit shall be applied to the net extra after subtraction of credits.

14.3.2 Overhead and profit for the Contractor or a subcontractor who has had the Work performed by a

subcontractor or second tier subcontractor shall not exceed five percent (5%) of the cost (as above) of the Work.

14.3.3 Overhead and profit for all tiers shall in no event exceed twenty-five percent (25%) of the cost (as above)

of the Work. Distribution of this among the tiers is the responsibility of the Contractor. 14.4 TAXES AND INSURANCE 14.4.1 State, County, and City sales taxes and payroll taxes and insurance shall be shown separately and will be

allowed on extras and shall be credited on credits. No overhead and profit will be allowed on taxes and insurance.

14.4.2 Bond Premiums: The actual rate of bond premium as paid on the total cost (including taxes, etc.) will be

allowed. No overhead and profit will be allowed on bond premiums. 14.4.3 Equipment Costs: The allowance for equipment costs (both rental as well as Contractor-owned

equipment) shall be limited to those rates published by the State of California, Business and Transportation Agency, Department of Transportation, Labor and Equipment Rental Rates.

14.5 FORCE ACCOUNT 14.5.1 If it is not practical because of the nature of the Work, or for any other reason, to fix an increase in price

definitely in advance, the change order may fix a maximum price which shall not be exceeded, and subject to limitation such alteration, modification or extra shall be paid for at the actual necessary cost as determined by the sum of the following items (a) to (e) inclusive:

a. Actual labor costs, including premium on compensation insurance and charge for social security

taxes, and other taxes pertaining to labor. b. Material, including sales taxes and other applicable taxes pertaining to materials. c. Plant and equipment rental, at rate to be agreed upon in writing prior to beginning the work or at

rates per Section 3.6.3 above. No charge for the cost of repairs to plant or equipment will be allowed, and the equipment items having a cost of under one hundred dollars ($100) are considered small tools and classified as overhead per SECTION 1 - DEFINITIONS.

d. Overhead and profit as defined in SECTION 1 - DEFINITIONS and as limited in these General Conditions.

e. The proportionate actual costs of premiums for bonds required by these Contract Documents, when required by the County.

14.5.2 The County reserves the right to furnish such materials, as it may deem expedient, and no allowance

will be made for profit thereon. 14.5.3 Whenever any Force Account work is in progress, the Contractor shall furnish each work day to the

County through the Project Manager or assigned agent a detailed written report signed by the Project Manager or assigned agent of the amount and cost of the labor and material used, and any



other expense incurred in such work on the preceding day, and no claim for compensation for such extra work will be allowed unless such report shall have been made.

14.6 ORAL MODIFICATIONS 14.6.1 No oral statement of any person whomsoever shall in any manner or degree modify or otherwise

affect the terms of this Contract. 14.7 ENTIRE AGREEMENT The Contract Documents, and any Contract Modifications, shall represent the entire and integrated agreement

between County and Contractor regarding the subject matter of this agreement and shall constitute the exclusive statement of the terms of the parties' agreement. The Contract Documents, and any Contract Modifications, shall supersede any and all prior negotiations, representations or agreements, either written or oral, express or implied, that relate in any way to the subject matter of this agreement or written modifications. County and Contractor represent and agree that they are entering into this agreement and any subsequent written modification in sole reliance upon the information set forth in the Contract Documents or Contract Modifications and the parties are not and will not rely on any other information.

14.8 EFFECT OF WAIVERS Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other

provisions of the Contract Documents at any time shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof, any course of dealing or custom of the trade or oral representations notwithstanding.

15 TIME ALLOWANCES 15.1 TIME ALLOWANCE FOR PERFORMANCE OF CONTRACT 15.1.1 When Contract has been signed by Contractor and County, County will issue a Notice to Proceed upon

Contractor to that effect, addressed to the Contractor at Contractor’s legal address. 15.1.2 Start date for Contract Times shall be on the date indicated in the Notice to Proceed. If no date is

indicated, then the start date for Contract Times shall be the fifth (5th) calendar day from date that Contractor receives, by hand delivery or by facsimile transmission, Project Manager's written Notice to Proceed, unless the Notice to Proceed is served by mail only, then the Start Date under the Contract shall be the tenth (10th) calendar day following the date of mailing. Total number of calendar days for completion of Work on Contract shall be as provided in Section 00510.

15.2 CHANGE OF CONTRACT TIMES 15.2.1 The Contract Times (or milestones) may only be changed by Change Order or Written Amendment and

all time limits stated in the Contract Documents are of the essence of the Agreement. The Contract Times (or milestones) will be adjusted in an amount equal to the time lost due to the following:

a. Changes in the Work ordered by County; b. Acts or neglect by County, or its Project Manager, acts or neglect of utility owners, acts or neglect

of other Contractors performing other Work, provided Contractor has fully and completely performed its responsibilities under the Contract Documents, including but not limited to, its cooperation and coordination responsibilities required by the Contract Documents;

c. Fires, floods, abnormal weather conditions, earthquakes, civil disturbances, or acts of God, provided damage resulting there from is not the result of Contractor's failure to properly protect the Work as required by the Contract Documents.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 Notwithstanding the foregoing, the Contract Times (or milestones) shall not be extended unless

Contractor has actually been prevented from completing any part of the Work within the Contract Times (or milestones) due to delay which is (i) beyond the control of Contractor and (ii) due to reasons for which Contractor is not responsible and (iii) a claim for delay is made as provided for herein. Delays attributable to and within the control of a Subcontractor, or its subcontractors, or supplier shall be deemed to be delays within the control of Contractor.

15.2.2 Where Contractor is prevented from completing any part of the Work within the Contract Times (or

milestones) due to delay beyond the control of both County and Contractor, an extension of Contract Times (or milestones) in an amount equal to the time loss due to such delay shall be the Contractor's sole and exclusive remedy for such delay. County shall not be liable to Contractor, any Subcontractor, any supplier, or any other person or organization, or to any Surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, earthquakes and acts of God or acts or neglect by utility owners or other Contractors performing other work as contemplated by Paragraph 6.

15.2.3 Delays due to adverse weather conditions will not be allowed for weather conditions which fall within

parameters listed herein. Adverse weather delays may be allowed only if number of calendar days of adverse weather exceeds these parameters and Contractor can prove that adverse weather actually caused delays. Parameters are as follows:

a. Rain days: January, [11]; February, [10]; March, [10]; April, [6]; May, [3]; June, [1]; July, [0];

August, [0]; September, [1]; October, [4]; November, [7]; December, [10]. 15.3 NOTICE OF DELAY Within seven (7) calendar days of the beginning of any delay Contractor shall notify Project Manager, in writing,

of all anticipated delays resulting from the delay event in question. 15.3.1 Notice shall constitute application for extension of time only if notice requests extension and sets forth

the impact of the delay on the critical path and Contractor's estimate of additional time required together with full recital of causes of unavoidable delays relied upon.

15.3.2 After receipt of a request for a time extension, with verifiable documents and justifications included,

Project Manager will make decision thereon, and will advise Contractor in writing. No time extensions shall be considered without related documents and justifications necessary for Project Manager to make determination.

15.3.3 No time extensions shall be granted for delays for which Contractor fails to give timely notice and

Contractor hereby waives any and all damages for delay for which timely notice is not given. Any request for extension of time shall be accompanied by the claimant's written statement that the adjustment

claimed is the entire adjustment to which the claimant is entitled as a result of the occurrence of said event. All claims and adjustments in the Contract Times (or milestones) shall be determined by Project Manager. No claim for an adjustment in the Contract Times (or milestones) will be valid and such claim will be waived if not submitted in accordance with the requirements of this paragraph.

15.4 NO DAMAGE FOR CONTRACTOR CAUSED DELAY Contractor shall not be entitled to any time extension or compensation, including but not limited to extended

field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays caused in whole or in part by Contractor's failure to perform its obligations under this Contract, or during periods of delay concurrently caused by Contractor and either County or others.



Contractor may receive time extension and be compensated for delays caused directly and solely by County except that Contractor shall not be entitled to damages for delay to the Work caused by the following reasons:

15.4.1 County's right to sequence Work in manner which would avoid disruption to the County's tenants and

their contractors or other prime contractors and their respective subcontractors, exercised as a result of Contractor's failure to perform its cooperation and coordination responsibilities required by this Contract; County's enforcement of government act or regulation, or the provisions of the Contract Documents;

15.4.2 For changed site conditions that are beyond contemplation of parties, except that County may approve

direct costs associated with unknown conditions but not costs or damages which are result of such delays; and

15.4.3 Extensive requests for clarifications to construction documents or modifications to contract, provided

such clarifications or modifications are processed by County or its consultants in a reasonable time commensurate with provisions of Contract requirements.

15.5 LIQUIDATED DAMAGES 15.5.1 Contract may provide time within which Work or portions thereof shall be completed and may provide

for payment of agreed liquidated damages to County for every calendar day thereafter during which Work shall be uncompleted.

15.5.2 Execution of Contract by Contractor shall constitute acknowledgment by Contractor that Contractor

understands, has ascertained and agrees that County will actually sustain damages in the amount fixed in Contract for each and every calendar day during which completion of Work required is delayed beyond expiration of time fixed for completion or extensions of time as have been allowed pursuant to provisions hereof. Contractor and County agree that such damages shall be presumed to be the damages actually sustained by County as defined below, and that because of the nature of the project, it would be impracticable or extremely difficult to fix the actual damages.

15.5.3 There shall be deducted from any money due or to become due to Contractor subsequent to time for

completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing the then accrued liquidated damages.

15.5.4 Liquidated damages shall be considered not as a penalty but as agreed monetary damage sustained by

County for increased project administration expenses, including extra inspection, construction management and architectural and engineering expenses, interest expenses, related to this Contract because Contractor failed to perform and complete Work within time fixed for completion or extensions of time as have been allowed pursuant to provisions hereof. Liquidated damages shall not be deemed to include within their scope additional damages arising from defective work, lost revenues, cost of completion of the contract, cost of substitute facilities, or damages suffered by others or other forms of liability claimed against County as a result of delay (e.g., delay or delay related claims of other contractors, subcontractors or tenants), and defense costs thereof; Contractor shall be responsible for the actual amount of any such damages.

15.5.5 Should Contractor fall behind approved Progress schedule, County reserves right to deduct liquidated

damages based on estimated period of late completion. County need not wait until Contract completion to withhold liquidated damages from Contractor's progress payments. Should money due or to become due to Contractor be insufficient to cover agreed liquidated damages, then Contractor forthwith shall pay remainder to County.

16 WORKING CONDITIONS AND PREVAILING WAGES 16.1 USE OF SITE/SANITARY RULES (Rev. 9/19/06) 00700 - 42 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 16.1.1 All portions of Work shall be maintained at all times in neat, clean and sanitary condition. Toilets shall

be furnished by Contractor where needed, for use of employees on Site, and their use shall be strictly enforced. They shall be properly secluded from public observation, and shall be located, constructed and maintained subject to approval of Project Manager.

16.1.2 Contractor shall confine construction equipment, the storage of materials and equipment and the

operations of workers to the site and land areas identified in and permitted by the Contract Documents and other land and areas permitted by applicable laws and regulations, rights of way, permits and easements, or as designated by Project Manager, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of Work.

16.1.3 During the progress of Work, Contractor shall keep the premises free from accumulations of waste

materials, rubbish and other debris resulting from the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall leave the site clean and ready for occupancy by County at Substantial Completion of Work. The Contractor shall restore to original condition all property not designated for alteration by Contract Documents.

16.1.4 Contractor shall not load nor permit any part of any structure or pavement to be loaded in any manner

that will endanger the structure or pavement, nor shall Contractor subject any part of Work or adjacent property to stresses or pressures that will endanger it. Contractor will conduct all necessary existing conditions investigation regarding structural, mechanical, electrical or any other system existing, shall perform its work consistent with such existing conditions, and shall have full responsibility for insufficiencies or damage resulting from insufficiencies of existing systems, equipment or structures to accommodate performing the Work.

16.2 PROTECTION OF WORK, PERSONS AND PROPERTY 16.2.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and

programs in connection with Work. Contractor shall comply with all safety requirements specified in any safety program established by County in consultation with Contractor. Contractor shall be responsible for all damage to Work, property or structures, and all injuries to persons, arising from the performance of the Contract. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

a. All persons on Work site, adjacent work sites, and any other person who may be affected by the

Work; b. All the Work and materials and equipment to be incorporated therein, whether in storage on or off

the site; and c. All work, property or structures at the site or adjacent thereto, including trees, shrubs, lawns,

walks, pavements, roadways, structures, utilities and Underground Facilities, not designated for removal, relocation or replacement in the course of construction.

In particular, but without limiting the foregoing, Contractor shall, on a daily basis, remove or paint over

all graffiti, posters, bills or other disfigurements on any and all portions of the Work, construction equipment, materials, fencing, signs and any other property related to the construction of the Work.

16.2.2 Where necessary, Contractor shall furnish guards, fences, warning signs, walks and lights and take all

necessary precautions to prevent damage or injury. Safety orders, rules and recommendations of Division of Industrial Safety of California, or City of Oakland, or County of Alameda, applicable to Work shall be obeyed and enforced by Contractor.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 16.2.3 Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction

for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

16.2.4 All damage, injury or loss to any property referred to in subparagraph (b) or (c) of paragraph 16.2.1

above, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. Neither County nor any of its agents assume any responsibility for collecting indemnity from any person or persons causing damage to work of Contractor. The existence of insurance coverage for any damage so incurred shall in no way limit Contractor's liability or County's rights of indemnity.

16.2.5 Contractor shall designate a qualified and experienced safety representative at the site whose duties and

responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

16.2.6 Contractor shall be responsible for coordinating any exchange of material safety data sheets or other

hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or regulations.

16.2.7 County may, at its option, retain such moneys due under Contract as County deems necessary until any

and all suits or claims against Contractor for injury to persons or property shall have been settled and satisfactory evidence to that effect furnished.

16.3 RESPONSIBILITY FOR SAFETY AND HEALTH 16.3.1 Contractor shall insure that Contractor, Contractor's employees, agents, invitees, subcontractors and

their employees, agents and invitees while at Site comply with applicable health and safety laws including without limitation, Occupational Safety and Health Act of 1970 and rules and regulations issued pursuant thereto, and County's safety regulations, as amended from time to time. Contractor shall further comply with all directions of County regarding protective clothing, head covering, eye protection, etc.

16.3.2 Safety of all persons employed by Contractor or subcontractors and their respective agents and invitees

on Site shall be the full responsibility of Contractor. Contractor shall notify Project Manager, in writing, of existence of hazardous conditions, property or equipment at Site which are not under Contractor's control. However, it shall be Contractor's responsibility to take necessary precautions against injury to persons or damage to the property of Contractor, subcontractors or persons from recognized hazards until corrected by responsible party.

16.3.3 Contractor shall confine all persons under Contractor's employ or employ of subcontractors or any

other person acting on behalf of Contractor or subcontractors to that portion of Site where work under Contract is to be performed, to routes to be designated by County for ingress and egress thereto and to any other areas County may expressly permit Contractor to use. Within such areas, except those routes for ingress and egress over which Contractor has no right of control, Contractor shall provide safe means of access to all places at which persons may at any time have occasion to be present.

16.4 EMERGENCIES (Rev. 9/19/06) 00700 - 44 GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT # 7012 In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent

thereto, Contractor, without special instruction or authorization from Project Manager or County, is obligated to act to prevent threat and damage, injury or loss, until directed otherwise by County or Project Manager. Contractor shall give Project Manager prompt written notice if Contractor believes that any significant changes in the Work or variations from Contract Documents have been caused thereby. If Project Manager determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Contract Modification, Change Order or work directive will be issued to document the consequences of such action.

16.5 USE OF ROADWAYS AND WALKWAYS Contractor shall not unnecessarily interfere with use of any roadway, walkway or other facility for vehicular or

pedestrian traffic. Wherever interference becomes necessary for proper and convenient performance of Work, and no satisfactory detour route exists, Contractor shall, before beginning interference, provide satisfactory detour, temporary bridge, or other proper facility for traffic to pass around or over interference and shall maintain it in satisfactory condition as long as interference continues, all without direct payment unless otherwise provided in Contract Documents.

16.6 NONDISCRIMINATION No discrimination shall be made in the employment of persons upon public works because of race, religious

creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sexual preference, or gender of such persons, except as provided in section 12940 of the Government Code, and every contractor for public works violating the provisions of Section 1735 of the Labor Code is subject to all the penalties imposed for a violation of Chapter 1, Part 7, Division 2 of the Labor Code.

16.7 PREVAILING WAGES 16.7.1 Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and

about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations and County to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.

16.7.2 Contractor shall forfeit, as a penalty to County, Fifty Dollars ($50.00) for each laborer, workman, or

mechanic employed for each calendar day, or portion thereof, of such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under this contract by him or her or by any subcontractor under him or her, in violation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The sums and amounts which shall be forfeited pursuant this paragraph 2 and the terms of the Labor Code shall be withheld and retained from payments due to Contractor under said contract, pursuant to this contract, and the terms of the Labor Code, but no sum shall be so withheld, retained or forfeited except from the final payment without a full investigation by either the State Department of Industrial Relations or by County. The final amount of forfeiture shall be determined by the Labor Commissioner pursuant to Labor Code section 1775.

16.7.3 Contractor shall insert in every subcontract or other arrangement which Contractor may make for

performance of work or labor on Work provided for in Contract, provision that subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code.



END OF SECTION



SECTION 00810

SUPPLEMENTAL GENERAL CONDITIONS 1. This Section includes requirements, which supplement the articles of Section 00700, GENERAL

CONDITIONS. 2. SUPPLEMENT TO PARAGRAPH 4, Bonds and Insurance

A. Subparagraph 4.2.1.a: Commercial general liability insurance coverage is $1,000,000 combined single limit each occurrence Bodily Injury and Property Damage.

B. Subparagraph 4.2.1.b: Comprehensive automobile liability insurance is $1,000,000 combined single limit

each person Bodily Injury, and Property Damage. C. Subparagraph 4.2.1.c: All-risk course of construction insurance amount is Value of Contract.

Deductible is minimum $5,000. D. Subparagraph 4.2.1.d: Workers compensation is $1,000,000 each accident and Employer Liability

Insurance is $1,000,000 each accident. 3. SUPPLEMENT TO PARAGRAPH 15:

A. Add to Paragraph 15.1.:

15.1.3 Before Contractors start any construction work at the site, including any demolition or excavation, contractor shall:

• Complete shop drawings and receive approval from an architect and; • Receive a formal "Notice to Proceed”.

15.1.4 Contract Time:

The Work will be Substantially Complete within THIRTY (30) calendar days from the date when the Contract Time commences to run as provided in Section 00700 General Conditions and 00810 Supplementary General Conditions.

The Work will be Finally Complete and ready for final payment in accordance with Section 01700 – Contract Closeout, THIRTY (30) calendar days from the date when the Contract Time commences to run as provided in Section 00700 General Conditions and 00810 Supplementary General Conditions.

Refer to Section 00550 and Supplementary General Conditions to explain the Notice to Proceed (NTP).

B. Add to Paragraph 15.5:

15.5.6 Liquidated damage shall be $200 for each day that expires after the time specified herein for Contractor to achieve Substantial Completion, until Work is Substantially Complete; and,

15.5.7 Liquidated damages shall be $300 for each day that expires after the time specified herein for

Contractor to achieve Final Completion, until Work is Finally Complete.

END OF SECTION

(Rev. 9/19/06) 00810 - 1 SUPPLEMENTAL GENERAL CONDITIONS

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 SECTION 00811 SUPPLEMENTAL GENERAL CONDITIONS--HAZMAT 1. This document includes requirements which supplement the articles of Section 00700, GENERAL

CONDITIONS as they apply to location, removal, remediation and disposal of hazardous materials and hazardous waste.

2. Section intentionally omitted. 3. SUPPLEMENT TO PARAGRAPH 4, Bonds and Insurance. Paragraph 4.2.2(c): Notice of cancellation or limits reduction change shall be mailed to: Alameda County General Services Agency, Technical Services Department, 1401 Lakeside Drive, Suite 800, Oakland, CA 94612. Attn: Gerald Loeper 4. SUPPLEMENT TO PARAGRAPH 5.1, Intent Add to Paragraph 5.1; Incidental Work: Contractor shall provide as part of the "Work" all labor, materials,

equipment, machinery, tools, facilities, services, employee training and testing, hoisting facilities, shop drawings, storage and testing, security, transportation, disposal, the securing of all fields dimensions necessary or required, cutting or patching of existing materials, all notices, permits, documents, reports, and agreements and any other items required or necessary to timely and fully complete the work described and the results intended by the Contract Documents and, in particular, the Drawings and Specifications.

5. SUPPLEMENT TO PARAGRAPH 5.7, Precedence of Documents. Should any provision or requirement of any Contract Document conflict with another provision or

requirement in the Contract Documents on subject matters of hazardous waste abatement, clean up, disposal, or required safety standards or methods, then the most stringent provision or requirement shall control.

6. SUPPLEMENT TO PARAGRAPH 7.2, Means and Methods of Construction. Nothing contained in these Contract Documents or inferable therefrom shall be deemed or construed (i) to

make Contractor the agent, servant or employee of County, or (ii) to create any partnership, joint venture or other association between County and Contractor.

7. Supplement to Section 00700, General Conditions: all references to the Project Manager shall mean County

Project Manager, and the duties and responsibilities shall be as defined in Division 1, Sections 01010 and 01900.

8. SUPPLEMENT TO PARAGRAPH 8, Control of the Work. 8.2.1. A. County shall exercise administration on Contract. Contractor shall cooperate with County’s Hazmat Consultant as directed by County. Consultant's

duties may include observing the Contractor's health and safety program and practices, observing the abatement construction activities, observing the contractor's abatement work practices for compliance with the Contract Documents, observing the extent of material removed from each job site, reviewing payment requests, reviewing reports required by governmental or quasi-governmental agencies or the Contract Documents, and providing clearance tests after abatement is completed. No action, omission to act, approval, or failure to advise Contractor as to any matter

(Rev. 9/19/06) 00811 - 1 SUPPLEMENTAL GENERAL CONDITIONS – HAZMAT


by Consultant shall in any way relieve the Contractor from its responsibility for the performance of the Work in strict accordance with the Contract Documents and applicable Law.

B. The following shall apply to all clearance events related to hazardous materials removal. In all

cases, conflicts between the County's representative and the contractor shall be resolved by the County at no additional cost to the County.

• Clearance air monitoring will be conducted by the County's Representative, in general

accordance with the procedures specified in the appropriate regulation(s).

• Clearance sample analysis will be performed using a method selected by the County appropriate for the material(s) removed.

• The County will select the appropriate number of clearance samples to be collected and direct

its representative accordingly. • The Contractor will pay for additional clearance sampling, including the County

Representative's labor fee of $600 per sampling event, if the average of the initial samples is not less than the County's selected clearance criteria, by the County's selected analysis method.

• No background sampling will be conducted prior to the start of any removal work.

Background levels will be assumed to be zero. The Contractor may request that background sampling be conducted by the County. The contractor will be responsible for payment of the County's representative at the above listed rate, and laboratory analysis cost at the County's specified laboratory for any background sampling that he requests collected.

C. The following documents will be submitted by the Contractor prior to the removal of any

hazardous material by the contractor of his sub-contractor.

• The Contractor shall submit proof of licensing in accordance with the California State Licensing Board and registration with the California Department of Occupational Safety and Health.

• The Contractor shall submit a notarized statement, signed by an officer of the company,

stating that the Contractor's employees, including foremen, supervisors, and any other company personnel or agents who may be exposed to hazardous materials or who may be responsible for any aspects of abatement activities, have received the appropriate hazard awareness training and participated in an appropriate medical surveillance program.

• The Contractor shall submit: 1) a list of any citations issued by federal, state, or local

regulatory agencies relating to asbestos abatement activities including projects, dates, and resolutions; 2) a list of penalties incurred through non-compliance with asbestos abatement project specifications including liquidated damages, overruns in scheduled time, limitations and resolutions; 3) a description of any situations in which hazardous material related contracts have been prematurely terminated including projects, dates, and reasons for termination; and 4) a listing of any hazardous materials related legal proceedings/claims in which the Contractor (or employees scheduled to participate in this project) have participated or are currently involved including descriptions of roles, issues, and resolutions to date.

• The Contractor shall submit, at no additional cost to County, marked up copies of the

drawings that will be provided by the County. These drawings shall include the locations and quantities of the hazardous materials scheduled for removal.



• The Contractor may propose technical enhancements or take exception to various aspects of any Scope of Work for hazardous material(s) removal. Technical enhancements are procedures or methods that will improve the efficiency and/or safety of the project. Exceptions are aspects of the Scope of Work that, in the opinion of the County, will result in increased cost or reduced production. The Contractor may present these enhancements or exceptions for review. Enhancements or exceptions to the hazardous material(s) scope of work, shall be done at no additional cost to the County.

• The Contractor shall submit a copies of their updated Injury and Illness Prevention Plan, their

updated Health and Safety Plan, and their updated Respiratory Protection Plan

• The Contractor shall submit copies of applicable worker certifications for those employees that will be working at the job site. Worker certifications will include, but not be limited to: applicable asbestos, lead, hazmat, and hazcom training; appropriate medical examinations; and respirator fit test certifications.

• The Contractor shall submit copies of all personal air sample results collected by either the

Contractor, or any sub-contractor, within five business days of completion of any hazardous material removal activity. Personal air samples shall be collected in accordance with applicable OSHA regulations.

9. SUPPLEMENT TO PARAGRAPH 9, Warranty, Guarantee and Inspection of Work.

A. With respect to hazardous materials/waste removal, abatement or disposal, the last sentence of paragraph 9.1.1, beginning with the words "Notwithstanding the foregoing" is deleted, and the first clause in the second sentence "Subject to the last sentence of this paragraph" is deleted.

B. Add to the end of paragraph 9.1 the following additional warranties and representations:

9.1.3 "Additional Warranties and Representations:

a. Contractor represents and warrants that it, its employees and its subcontractors and their

employees, shall at all times have the required levels of familiarity with the Site and the Work, training and ability to comply fully with all applicable Law and contract requirements for safe and expeditious performance of the Work, including whatever training is or may be required regarding the activities to be performed (including, but not limited to, all training required to adequately address the actual or potential dangers of contract performance).

b. Contractor represents and warrants that it, its employees and its subcontractors and their

employees, shall at all times have and maintain in good standing any and all certifications and licenses required by applicable federal, state and other governmental and quasi-governmental requirements applicable to the Work.

c. Contractor represents and warrants that it has studied carefully all requirements of the

specifications regarding procedures for demolition, hazardous waste abatement, or safety practices, specified in this contract, and prior submitting its bid, has either (a) verified to its satisfaction that the specified procedures are adequate and sufficient to achieve the results intended by the Contract Documents, or (b) by way of approved "or equal" request or request for clarification and written Addenda, secured changes to the specified procedures sufficient to achieve the results intended by the Contract Documents. Contractor accepts the risk that any specified procedure will result in a completed project in full compliance with the contract requirements.

Add a new paragraph 9.6.5:



9.6.5.a. County reserves the right, in its sole discretion, to conduct air monitoring, earth monitoring, work monitoring, and any other tests (in addition to testing required under the agreement or applicable law), to monitor contract requirements of safe and statutory compliant work methods and (where applicable) safe re-entry level air standards under State and Federal law upon completion of the job, and compliance of the work with periodic and final inspection of public and quasi-public entities having jurisdiction.

9.6.5.b. Contractor acknowledges that County also has the right to perform, or cause to be

performed, various activities and tests including, but not limited to, pre-abatement, during abatement and post-abatement air monitoring, provided that County shall have no obligation to perform said activities and tests, and that a portion of said activities and tests may take place prior to the completion of the Work by Contractor. In the event County elects to perform these activities and tests, Contractor shall afford County ample access to the Site and all areas of the Work as may be necessary for the performance of these activities and tests. Contractor will include the potential impact of these activities for tests by County in the Contract Sum and the Scheduled Completion Date.

Notwithstanding County's rights granted by this paragraph, Contractor shall retain its own

industrial hygiene consultant and shall have primary responsibility for collecting samples and perform all applicable, relevant or appropriate activities and tests including, but not limited to, pre-abatement, during abatement and post-abatement air monitoring, required or suggested by the Contract Documents, the Law, or both, and County reserves the right to request documentation of all such activities and tests performed by Contractor relating to the Work.

10. SUPPLEMENT TO PARAGRAPH 11.3, Record Keeping.

11.3.6. Contractor shall obtain and maintain and shall furnish to County on completion of the Work or at any other time requested by County, all necessary permits, licenses, approvals, authorizations, notifications, training certificates, respirator certificates, reports, correspondence, test results, air monitoring certificates, forms, medical records, medical certificates, notes and photographs of work conditions, approved shipping and disposal facility receipts, manifests, and all other documentation required by the Contract Documents or applicable Law, or both.

Contractor shall provide County with copies of each such document as it is generated and

shall, as a condition to final payment, provide County with a complete set of such documents (bound, organized and indexed) at the conclusion of the Work. Contractor shall keep and maintain in retrievable files true and correct copies of all such documents for a period of not less than thirty (30) years after final completion of the Work. County shall have the right to inspect or photocopy these records and, if Contractor should cease business operations, then it shall furnish these records to County.

11. SUPPLEMENT TO PARAGRAPH 13, Legal and Miscellaneous. Add new paragraphs to Paragraph 13.1, which read: 13.1.1 "COMPLIANCE WITH LAWS. Contractor represents that it is familiar with shall comply with

all laws applicable to the Work or completed Work including, but not limited to, all federal, state and local laws, statutes standards, rules, regulations and ordinances applicable to the Work (collectively, the "Law") relating to:

a. The protection of the public health, welfare and environment,



b. Storage, handling or use of asbestos, PCB, lead, petroleum based products or other hazardous materials,

c. The generation, processing, treatment, storage, transport, disposal, destruction or other

management of asbestos, PCB, lead, petroleum or hazardous waste materials or other waste materials of any kind, or

d. The protection of environmentally sensitive areas such as wetlands.

13.1.2 DISPOSAL. Contractor has the sole responsibility for determining current waste storage,

handling, transportation and disposal regulations for the jobsite and for each waste disposal facility. Contractor must comply fully at its sole cost and expense with these regulations and any applicable Law. County, may, but is not obligated to, require submittals with this information for it to review consistent with the Contract Documents.

Contractor shall develop and implement a system acceptable to County to track hazardous waste

from the site to disposals, including appropriate "Hazardous Waste Manifests" on the EPA form, so that County may track the volume of waste it put in each landfill and receive from each landfill a certificate of receipt.

Contractor shall provide County with the name and address of each waste disposal facility prior to

any disposal, and County shall have the express right to reject any proposed disposal facility. Contractor shall not use any disposal facility to which County has objected. Contractor shall document actual disposal or destruction of waste at a designated facility by completing a disposal certificate or certificate of destruction forwarding the original to the general contractor.

12. SUPPLEMENT TO PARAGRAPH 13.2, Permits and Taxes. Permits. Before performing any of the Work, and at such other times as may be required by applicable Law,

Contractor shall deliver all requisite notices and obtain the approval of all governmental and quasi-governmental authorities having jurisdiction over the Work. Contractor shall submit evidence satisfactory to County that it and any disposal facility (1) have obtained all required permits, approvals and the like in a timely manner both prior to commencement of the Work and thereafter as and when required by applicable Law, and (2) are in compliance with all such permits, approvals and the like. For example, before commencing any work in connection with the Work involving asbestos-containing materials or PCB subject to regulation, Contractor agrees to provide the required notice of intent to renovate or demolish to the appropriate state or federal agency having jurisdiction, by certified mail, return receipt requested, or by some other method of transmittal for which a return receipt is obtained, and to send a copy of that notice to County. Contractor shall not conduct any Work involving asbestos-containing materials or PCB unless Contractor has first confirmed that the appropriate agency having jurisdiction is in receipt of the required notification. All permits, licenses, bonds required by governmental or quasi-governmental authorities, fees, deposits, tap fees, offsite easements and asbestos and PCB disposal facilities necessary for the prosecution of the Work shall be procured and paid for by Contractor. Contractor shall give all notices and comply with the Law bearing on the conduct of the Work as drawn and specified. If Contractor observes or reasonably should have observed that Plans and Specifications and other Contract Documents are at variance therewith, it shall be responsible for promptly notifying County in writing of such fact. If Contractor performs any Work contrary to the Law without such notice to County, it shall bear all costs arising therefrom.

In the case of any permits or notices held in County's name or of necessity to be made in County's name,

County shall cooperate with Contractor in securing the permit or giving the notice, but the Contractor shall prepare for County's review and execution upon approval, all necessary applications, notices and other materials.

13. SUPPLEMENT TO PARAGRAPH 13.3, Responsibility of Contractor and Indemnification. (Rev. 9/19/06) 00811 - 5 SUPPLEMENTAL GENERAL CONDITIONS – HAZMAT

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 13.3.6 Indemnification. To the extent permitted by law, the indemnities and limitations of liability

expressed throughout the Contract Documents apply with equal force and effect to any claims or liabilities imposed or existing by virtue of the removal, abatement and disposal of hazardous waste. This includes liabilities connected to the selection and use of a waste disposal facility, personal injury, property damage, loss of use of property, damage to the environment or natural resources, or "disposal" and "release" of materials associated with the Work (as defined in 42 U.S.C. §§ 9601 et seq).

14. SUPPLEMENT TO PARAGRAPH 13.7, Termination of Contract for Cause. Notwithstanding anything in Paragraph 13.7 to the contrary, County shall have an absolute right to terminate

for default immediately without ten days notice and without an opportunity to cure should Contractor knowingly or recklessly commit a material breach of the terms of the Contract Documents or the Law, on any matter involving the exposure of persons or property to hazardous waste. However, if the breach of contract exposing persons or property to hazardous waste is due solely to an ordinary, unintentional and non-reckless failure to exercise reasonable care, then the procedures in Paragraph 13.7 for termination for default shall apply without modification.

15. SUPPLEMENT TO PARAGRAPH 16.2, Protection of Work, Persons and Property. Contractor shall perform safe, expeditious and orderly work in accordance with the best practices and the

highest standards in the hazardous waste abatement, removal and disposal industry, the Law (as herein defined), and the Contract Documents, including, but not limited to, all responsibilities relating to the preparation and return of waste shipment records, all requirements of the Law, delivering of all requisite notices, and obtaining all necessary governmental and quasi governmental approvals.

END OF SECTION



01000 - 1 SUMMARY OF WORK (Rev. 9/19/06)

SECTION 01000

SUMMARY OF WORK PART 1 GENERAL 1.01 SUMMARY

The work consists of furnishing a complete pre-engineered, frame-supported fabric structure to be erected over the Property and Salvage Yard located at 15801 Foothill Blvd, San Leandro Ca. This project will involve the manufacture, delivery and installation of said fabric structure, with dimensions of 45’ x 115’ with an eave height of 15’. The roof structure will allow for total clearance underneath. All sides of the structure shall be open, allowing for complete access and flexibility. Site is paved, and no known utility lines are in the way of construction. Structure shall be in compliance with the California Building Code and include complete construction documents for a building permit signed by a Certified California Licensed Engineer.

1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The Work of this Contract includes, but is not limited to, the manufacturing, delivery and installation of

the above mentioned fabric roof structure. Work also includes, but is not limited to, the removal or demolition of any existing asphalt or dirt associated with the installation , the pouring of any concrete foundations, and any finish work related to the installation as shown. Work shall also include labor, materials, tools, and equipment required for installation. All work in accordance with the terms and conditions of the Contract Documents.

.

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

1.03 CONTRACT A. Perform work under a single, fixed-price contract. B. Contractor is to report discrepancies and errors in the Contract Documents, in writing, to Project Manager

before proceeding with the work in question. Any work that may reasonably be inferred from the Contract Documents as binding required to produce the intended result shall be supplied, whether or not it is specifically called for. Description of work, materials and equipment shall refer to commonly recognized industry standards. The Contractor is responsible to familiarize himself with the nature and extend of the Work, the Contract Documents and the site and site conditions.

1.04 WORK SEQUENCE

A. Contractor determines sequence of work and coordinates the timing of the work to minimize disruption of on-site activities. Coordination of and acceptance of all contract schedules with County is required prior to the commencement of any work. .

B. Work shall be sequenced so that operation at the Property and Salvage Building is not disturbed.

C. County normal hours of operation are from 8:00am to 5:00pm, Monday through Friday. Contractor may

work other hours, if it is cleared with County.



1.05 MAINTENANCE, PRODUCT HANDLING AND PROTECTION

A. Transport, deliver, handle, and store materials and equipment at the Project Site in such a manner as to prevent the intrusions of foreign matter or moisture and to prevent damage.

B. Hazardous substance compliance:

Provide the Material Safety Data Sheets (MSDS) for all products containing a hazardous substance,

examples: Adhesives, paints, sealants, and the like.

C. 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.

1.06 OCCUPANCY REQUIREMENTS

A. The Contractor shall allow the Owner to take possession of and use any completed or partially completed portion of the structure during the progress of the Work as soon as is possible without interference to the Work.

B. Possession, use of structure or work, and placing and installation of equipment by Owner shall not in any

way evidence the completion of the work or any part of it.

C. The Contractor shall not be held responsible for damage to the occupied part of the work resulting from Owner's occupancy.

D. Use and occupancy by Owner prior to acceptance of work does not relieve Contractor of its responsibility

to maintain insurance and bonds required under the Contract until entire work is completed and accepted by the Owner.

E. Prior to date of Final Acceptance of the Work by County, all necessary repairs or renewals in Work or part thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor, as required in Section 00700 – General Conditions.

1.7 CONTRACTOR USE OF PREMISES

A. Business as usual: Contractor is hereby made aware of the 24-hours "Business as usual" policy of the Building Facility. Employees, patrons and visitors shall have unobstructed ingress and egress. Parking facilities shall not be blocked or hindered.

B. Access to occupied areas: Contractor shall give the Owner and/or occupant at least 30 days written notice

prior to requiring access to or work in any/or occupied areas except the immediate unoccupied work area(s) as indicated on the Drawings.

C. Contractor shall confine operations at Project Site to areas permitted by:

1. Law 2. Ordinances 3. permits 4. Contract Documents

D. Contractor shall not unreasonably encumber Project Site with materials or equipment.



E. Contractor shall not load structure with weights that will endanger structure.

F. Contractor shall assume full responsibility for protection and safekeeping of products stored on premises.

G. Contractor shall move any stored products which interfere with operations of Owner or other contractor.

1.8 LINES AND LEVELS

A. Be responsible for the accuracy of the building lines and levels.

1. Employ a licensed civil engineer or surveyor to establish and maintain all lines and levels necessary for the location and construction of the Work.

2. Verify the levels shown on Drawings with existing levels and notify the Construction Manager and the Architect of any discrepancies before proceeding with the Work.

1.9 CONTRACTORS HOURS OF OPERATION

A. Schedule noisiest construction activities (as defined by the Disruption Consultant) to have the least impact on adjacent residential land uses. This will include restricting typical demolition and exterior activities to normal working hours.

B. The normal working hours allowed will be between 7:00 am and 5:00 pm on weekdays only. 1.10 A. Prior to the start of work, the Contractor, and County shall jointly survey site and building, paving, plants,

sidewalks, etc. noting and recording existing conditions. Contractor shall be responsible for establishing preliminary record of the existing conditions which shall be the basis for determining subsequent damage due to Contractor’s operations.

END OF SECTION


SECTION 01040

PROJECT COORDINATION PART 1 GENERAL 1.01 COORDINATION

A. The Contractor shall be responsible for all Project coordination as described in all sections of the Project Manual.

B. Duties of Contractor include but are not limited to:

1. Coordinate Work of all subcontractors. 2. Establish on-site lines of authority and communication. Schedule and conduct progress meetings

among County Project Manager and subcontractors. 3. Construction schedules:

a. Prepare detailed schedule of operations of all subcontractors on Project. b. Monitor schedules as Work progresses. c. Observe Work to monitor compliance with schedule.

4. Temporary facilities:

a. Allocate space for temporary structures furnished by subcontractors. b. Monitor use of temporary utilities. c. Verify that adequate services are provided to comply with requirements for Work and

climatic conditions. d. Administer traffic and parking controls.

5. Section intentionally omitted. 6. Changes:

a. Recommend necessary or desirable changes to County Project Manager. b. Review subcontractor's request for changes and for substitutions. c. Submit recommendations to County Project Manager. d. Process Change Orders Approved by County.

7. Permits and fees: Verify that subcontractors have obtained permits for inspections. 8. Review all Shop Drawings, Product Data, and Samples for compliance with Contract Documents

prior to submittal to County Project Manager. 9. Interpretation of Contract Documents:

a. Consult with Project Manager to obtain interpretations. b. Assist in resolution of questions which may arise. c. Transmit written interpretations to concerned parties.

10. Maintain reports and records at Project Site.

a. Daily log progress of Work, make available to Owner. b. Records. c. Contracts. d. Purchases. e. Materials and equipment. f. Applicable handbooks, codes and standards. g. Obtain information from subcontractors, and maintain record documents.

(Rev. 9/19/06) 01040 - 1 PROJECT COORDINATION


h. Assemble documentation for handling of claims and disputes.

11. Verify that specified cleaning is done during progress of Work and at completion of contract. 12. Start-up:

a. Direct the check-out of utilities, operational systems and equipment. b. Assist in initial start-up testing. c. Record dates of start of operation of systems and equipment. d. Submit to Owner written notice of beginning of Warranty period for equipment put in

service. 1.02 COORDINATION REQUIREMENTS

A. The Contractors coordination requirements include but are not limited to the following:

1. Coordination: Contractor shall coordinate the Work as stated in the General Conditions of the Contract. Contractor shall also coordinate Work under the Contract with work under separate contracts by Owner. Contractor shall cooperate with Owner and others as directed by Owner in scheduling and sequencing the incorporation into the Work of Owner Furnished/Contractor Installed products identified in the Contract Drawings and Specifications.

2. Relationship of Contract Documents: Drawings, Specifications and other Contract Documents in

the Project Manual are intended to be complementary. What is required by one shall be as if required by all. What is shown or required, or may be reasonably inferred to be required, or which is usually and customarily provided for similar work, shall be included in the Work.

3. Discrepancies in Contract Documents: In the event of error, omission, ambiguity or conflict in

Drawings or Specifications, Contractor shall bring the matter to the County Project Manager’s attention in a timely manner, for the County Project Manager’s determination and direction in accordance with provisions of the General Conditions of the Contract.

4. Construction Interfacing and Coordination: Layout, scheduling and sequencing of Work shall be

solely Contractor's responsibility. Contractor shall bring together the various parts, components, systems and assemblies as required for the correct interfacing and integration of all elements of Work.

a. Contractor shall coordinate Work to correctly and accurately connect abutting adjoining,

overlapping and related elements, including work under separate contracts by Owner, utility agencies and companies.

1.03 COORDINATION OF SUBCONTRACTS AND SEPARATE CONTRACTS

A. The Contractor’s coordination requirements of subcontracts and separate contracts include but are not limited to the following: 1. Superintendence of Work: Contractor shall appoint a field superintendent who shall directly and

full time supervise and coordinate all Work shown on the Drawings and in the Specifications. In order to maintain an uninterrupted construction schedule, the field superintendent shall not be replaced by the Contractor, for other than extenuating circumstances, without prior approval by the Owner.

2. Subcontractors, Trades and Materials Suppliers: Contractor shall require all subcontractors, trades,

crafts and suppliers to coordinate their portions of Work with the Superintendent, and Construction Project Manager to prevent scheduling, sequencing, dimensional and other conflicts and omissions.



3. Coordination with Work under Separate Contracts: Contractor shall coordinate and schedule Work under the Contract with work being performed for Project under separate contracts by Owner, serving utilities and public agencies. Contractor shall make direct contacts with parties responsible for work of the Project under separate contracts, in order to provide timely notifications and to facilitate information exchanges.

PART 2 PRODUCTS

Not Applicable to this Section PART 3 EXECUTION

Not Applicable to this Section

END OF SECTION



SECTION 01060

REGULATORY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY

This section includes regulatory requirements applicable to Contract.

Specific reference in the specifications to codes and regulations or requirements of regulatory agencies shall mean the latest printed edition of each adopted by the regulatory agency at the date of submission of bids unless the document referenced is shown dated.

Should any conditions develop not covered by the Contract Documents wherein the finished work will not comply with current codes, a change order detailing and specifying the required work shall be submitted to and approved by the Architect before proceeding with the Work.

1.02 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations referred to, shall have full force and effect as though printed in full in these specifications.

B. Conform to referenced codes, laws, ordinances, rules and regulations.

C. References on the Drawings or in the Specifications to "code" or "building code" not

otherwise identified shall mean the codes specified below, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction.

D. Precedence:

1. Where specified requirements differ from the requirements of applicable codes, ordinances and

standards, the more stringent requirements shall take precedence. 2. Where the Drawings or Specifications require or describe products or execution of better

quality, higher standard or greater size than required by applicable codes, ordinances and standards, the Drawings and Specifications shall take precedence so long as such increase is legal.

3. Where no requirements are identified in the Drawings or Specifications, comply with all requirements of applicable codes, ordinances and standards of governing authorities having jurisdiction.

1.03 CODES

A. Work shall meet or exceed the requirements of the Uniform Building Code (UBC), The Uniform Plumbing Code (UPC), the Uniform Mechanical Code (UMC) and the National Electrical Code (NEC), as applicable. Perform the work in conformance with the applicable requirements of regulatory agencies including the following:

1. Local ordinances and amendments to the codes below. 2. National Fire Protection Association (NFPA): Pamphlet 101, Life Safety. 3. California Occupational Safety and Health Administration (Cal OSHA) 4. Occupational Safety and Health Administration (OSHA): Hazard Communications Standards. 5. Americans with Disabilities Act of 1990 (ADA) - Part III.

(Rev. 9/19/06) 01060 - 1 REGULATORY REQUIREMENTS


B. Work shall also comply with applicable requirements of California Code of Regulations (CCR) as follows:

1. Title 8 - Industrial Relations. 2. Title 19 - Public Safety. 3. Title 21 - Public Works 4. Title 22 - Social Security. 5. Title 24 - Building Standards, Parts 2 through 7, and Title 25 as applicable.

1.04 LAWS, ORDINANCES, RULES AND REGULATIONS

During prosecution of Work to be done under Contract, comply with applicable laws, ordinances, rules and regulations, including, but not limited to, the following:

A. Federal

1. Americans With Disabilities Act of 1990 CADAI 2. 29 CFR, Section 1910.1001, Asbestos 3. 40 CFR, Subpart M, National Emission Standards for Asbestos 4. Executive Order 11246

B. State of California

1. California Code of Regulations, Titles 5, 8, 19, 21, 22, 24 and 25 2. California Education Code 3. California Public Contract Code 4. California Health and Safety Code 5. California Government Code 6. California Labor Code 7. California Civil Code 8. California Code of Civil Procedure 9. CPUC General Order 95, Rules for Overhead Electric Line Construction 10. CPUC General Order 128, Rules for Construction of Underground Electric Supply and

Communications Systems 11. California Occupational Safety and Health Administration (Cal OSHA) 12. Occupational Safety and Health Administration (OSHA): Hazard Communications Standards.

C. State of California Agencies

1. State and Consumer Services Agency 2. Office of the State Fire Marshall 3. Office of Statewide Health Planning and Development

D. Local Agencies:

1. Bay Area Air Quality Management District 2. County of Alameda 3. City of Oakland

E. Other Requirements:

1. National Fire Protection Association (NFPA): Pamphlet 101, Life Safety.



2. References on the Drawings or in the Specifications to "code" or "building code" not otherwise identified shall mean the codes specified above, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction.

F. Maintain a copy of each of the above documents in the Contractor's field office.

G. Other Applicable Laws, Ordinances and Regulations:

1. Work shall be accomplished in conformance with all applicable laws, ordinances, rules and

regulations of Federal, State and local governmental agencies and jurisdictions having authority over the Project.

2. Work shall be accomplished in conformance with all rules and regulations of public utilities and utility districts.

3. Where such laws, ordinances rules and regulations require more care or greater time to accomplish Work, or require better quality, higher standards or greater size of products, Work shall be accomplished in conformance to such requirements with no change to the Contract Time and Contract Sum, except where changes in laws, ordinances, rules and regulations occur subsequent to the execution date of the Agreement.

1.05 CONFLICTS

A. Between referenced regulatory requirements: Comply with the one establishing the more stringent requirement.

B. Between referenced regulatory requirements and Contract Documents: Comply with the one

establishing the more stringent requirement. 1.06 SPECIAL SEISMIC REQUIREMENTS

A. General:

1. Work having special seismic requirements is specified in the individual sections. 2. Anchor, support, and brace equipment and systems to resist seismic forces as specified. 3. It is not intended that prototype or nonstandard equipment be provided. However, items of

equipment shown or specified to be anchored shall maintain integrity at point of anchorage after being subjected to accelerations equivalent to those established below.

4. Anchorage, support and bracing for various manufactured and fabricated items and systems are detailed and scheduled on the drawing. Provide as shown.

5. 5. For anchorage of floor or roof mounted equipment weighing less than 20 pounds, obtain approval of Architect and Inspector for anchorage proposed.

6. 6. Do no work involving anchorages and bracing until receipt of acceptance of anchorage and construction details from the Architect.

1.07 ADDENDA, CHANGE ORDERS, AND DEFERRED APPROVALS

A. Deferred approval item(s): Are noted on drawings (if project is under OSHPD jurisdiction). 1.08 REQUIRED PROVISIONS ON CONTRACT CLAIM RESOLUTION

A. The California Public Contracts Code specifies required provisions on resolving contract claims less than $375,000, which are set forth below, and constitute a part of this Contract.



For the purposes of this section, "CLAIM" means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by County. In order to qualify as a CLAIM, the written demand must state that it is a claim submitted under Paragraph 12 of Section 00700 General Conditions and be submitted in compliance with all requirements of Paragraph 12 of Section 00700 - General Conditions. Separate claims which total more than $375,000 do not qualify as a "separate demand of $375,000 or less", as referenced above, and are not subject to this section.

A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a claim under the Contract. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract by submitting a separate claim in compliance with Contract claim submission requirements.

CAUTION: This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code.

B. PROCEDURE

1. The CLAIM must be in writing, submitted in compliance with all requirements of Paragraph 12

of Section - 00700 General Conditions, including, but not limited to, the time prescribed by and including the documents necessary to substantiate the CLAIM. CLAIMS must be filed on or before the day of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in Paragraph 12 of Section 00700 - General Conditions or elsewhere in the Contract Documents.

2. For CLAIMS of fifty thousand dollars ($50,000) or less

a. County shall respond in writing within 45 days of receipt of the CLAIM, or b. County may request in writing within 30 days of receipt of the CLAIM, any additional

documentation supporting the CLAIM or relating to any defenses or claims County may have against Claimant.

i. If additional information is thereafter required, it shall be requested and provided

in accordance with this section, upon mutual agreement of County and Claimant. ii. County's written response to the CLAIM, as further documented, shall be

submitted to Claimant within 15 days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.

3. For CLAIMS over fifty thousand dollars ($50,000) and less than or equal to $375,000:

a. County shall respond in writing within 60 days of receipt of the CLAIM, or b. County may request in writing within 30 days of receipt of the CLAIM, any additional

documentation supporting the CLAIM or relating to any defenses or claims County may have against Claimant.

i. If additional information is thereafter required, it shall be requested and provided

in accordance with this section, upon mutual agreement of County and Claimant; ii. County's written response to the CLAIM, as further documented, shall be

submitted to Claimant within 30 days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.



4. Meet and Confer

a. If Claimant disputes County's written response, or County fails to respond within the time prescribed above, Claimant shall notify County, in writing, either 15 days of receipt of County's response or within 15 days of County's failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand County will schedule a meet and confer conference within 30 days for settlement of the dispute.

b. Following the meet and confer conference, if the CLAIM or any portion remains in

dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the California Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits his or her written claim as set forth above in Section 00700 – General Conditions, Paragraph 12, until the time that CLAIM is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.

1.09 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT A. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor, must be accessible to the disabled public. Contractor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation. Contractor agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under this Agreement, and further agrees that any violation of this prohibition on the part of Contractor, its employees, agents or assigns shall constitute a material breach of this Agreement. PART 2 PRODUCTS



END OF SECTION



SECTION 01061

REGULATORY REQUIREMENTS – HAZARDOUS WASTE PART 1 GENERAL 1.01 SUMMARY

A. This section includes regulatory requirements applicable to Contract work in connection with hazardous waste abatement and disposal, including, but not limited to, asbestos and asbestos containing materials, lead based paint, polychlorinated biphenyls, petroleum contaminated soils and materials, construction and demolition debris and any other hazardous substance or hazardous waste.

B. This section supplements Section 01060 and the work specific listings of applicable regulatory

requirements elsewhere in the specifications.

C. Related Sections.

1. Section 01060: Regulatory Requirements. 1.02 REFERENCES TO REGULATORY REQUIREMENTS

A. Codes, laws, ordinances, rules and regulations applicable to the Work shall have full force and effect as though printed in full in the Contract. Codes, laws, ordinances, rules and regulations are not furnished to Contractor, since Contractor is assumed to be familiar with their requirements. The listing herein of applicable codes, laws and regulations for hazardous waste abatement work is supplied to Contractor as a courtesy and shall not limit Contractor's responsibility for complying with all applicable laws, regulations or ordinances having application to the Work. Where conflict among the requirements or with these specifications exists, the most stringent requirements shall be used.

B. Contractor's work shall conform to all applicable codes, laws, ordinances, rules and regulations which are

in effect on date of contracting. 1.03 LAWS, ORDINANCES, RULES AND REGULATIONS

During prosecution of Work under Contract, Contractor shall comply with applicable laws, ordinances, rules and regulations, including, but not limited to, those listed below:

A. Federal:

1. Statutory Requirements:

a. Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. b. Comprehensive Environmental Response, Compensation and Liability Act of 1980, as

amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 et seq.

c. Toxic Substances Control Act of 1976, 15 U.S.C. §§ 2601 et seq. d. Hazardous Materials Transportation Act of 1975, 49 U.S.C. §§ 1801 et seq. e. Clean Water Act, 33 U.S.C. §§ 1251 et seq. f. Safe Drinking Water Act, 42 U.S.C. §§3001 et seq. g. Clean Air Act, section 112, 42 U.S.C. §7412 h. Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. i. Underground Storage Tank Law, 42 U.S.C. §§6991 et seq. j. The Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. §§ 11001

et seq.

(Rev. 9/19/06) 01061 - 1 REGULATORY REQUIREMENTS HAZARDOUS WASTE


2. Environmental Protection Agency (EPA):

a. 40 C.F.R. Parts. 260, 264, 265, 268, 270 b. 40 C.F.R. Parts 258 et seq. c. 40 C.F.R. Part 761 d. 40 C.F.R. Parts 122-124

3. Occupational Safety and Health Administration (OSHA):

a. OSHA Worker Protection Standards, Title 29 CFR Part 1926.58, Construction Standards

and 29 CFR 1910.1001 General Industry Standard b. OSHA, 29 C.F.R. Part 1926.1101, Construction Standards for Asbestos c. OSHA, Lead Exposure in Construction: Interim Final Rule, 29 C.F.R. 1926.62 d. National Emission Standard for Hazardous Air Pollutants, Title 40 CFR Part 61 e. Asbestos Hazardous Emergency Response Act, Title 40 C.F.R. 763

4. Department of Transportation:

a. Title 49 C.F.R. 173.1090 b. Title 49 C.F.R. 172 c. Title 49 C.F.R. 173 d. DOT, HM 181 and MH126f

B. State of California Requirements:

1. Statutory Law:

a. The Carpenter-Presley-Tanner Hazardous Substance Account Act, Cal. Health & Saf. Code

§§25300 et seq. b. Health and Safety Code § 25359.4 c. Hazardous Waste Control Law, Health & Safety Code §§25100 et seq. d. Porter Cologne Water Quality Control Act, Cal. Water Code §§13000 et seq. e. Health and Safety Code §§25915-25924 f. Cal. Labor Code Chapter 6, including, without limitation, §§ 6382, 6501.5-6501.9, 6503.5,

9021.5, 9080 g. Cal. Bus. and Prof. Code, including without limitation, §§7058.5, 7065.01, 7118.5. h. Underground Storage of Hazardous Substance Act, Cal. Health & Safety Code §§25280 et

seq. i. Petroleum Underground Storage Tank Cleanup, Health and Safety Code §§25299.10 et seq. j. Safe Drinking Water and Toxic Enforcement Act of 1986, Health & Safety Code

§§25249.5 et seq. (Proposition 65) k. Above Ground Petroleum Storage Act, Health and Safety Code §§ 25270 et seq. l. Hazardous Materials Release Response Plans and Inventory, California Health and Safety

Code Chapter 6.95.

2. Administrative Code and Regulations:

a. Title 22 C.C.R. Division 4.5, Environmental Health Standards for the Management of Hazardous Waste § 6600 et seq.

b. Cal OSHA Worker Protection Standards, Title 8 C.C.R. §§1529, 5208 c. Title 8 C.C.R. §1532.1, Lead in Construction d. Title 23 C.C.R. §2610 et seq.

3. Local Agency Requirements:



a. Bay Area Air Quality Management District, Fugitive Dust Rules b. Bay Area Air Quality Management District Regulation 11-2-303 c. State Water Resource Control Board, General Construction Activity Storm Water Permit

Requirements (Order 92-OS DWQ)

4. City and County Requirements:

a. Oakland Fire Department b. County Ordinances c. City Ordinances

1.04 PERMITS

A. Contractor shall comply with, implement and acknowledge effectiveness of all the permits applicable to the Work, and initiate and cooperate in securing all required notifications or approvals therefore, including but not limited to permits affecting environmental work.

PART 2 PRODUCTS

Not applicable to this section. PART 3 EXECUTION

Not applicable to this section.

END OF SECTION



SECTION 01300

SUBMITTALS PART 1 GENERAL 1.01 SUMMARY

A. This section describes general requirements for submittals for the Work:

1. Procedures 2. Schedule of Shop Drawing and Sample Submittals 3. Safety Plan 4. Progress Schedule 5. Product Data 6. Shop drawings 7. Quality Control Submittals 8. Deferred Approvals

a. Design Data b. Test Reports c. Certificates d. Manufacturers' Instructions

9. Machine Inventory Sheets 10. Operations and Maintenance Manuals 11. Computer Programs 12. Project Record Documents

B. Related Sections

1. Section 01000: Summary of Work 2. Section 01010: Phasing and On-Site Requirements 3. Section 01025: Measurement and Payment 4. Section 01035: Modification Procedures 5. Section 01310: Progress Schedules and Reports 6. Section 01700: Contract Closeout 7. Section 01720: Project Record Documents

1.02 PROCEDURES

A. General:

1. Submit to the County’s Project Manager- Shop Drawings, Product Data, and Samples required by Specifications Sections.

2. Designate in construction schedule dates for submission and dates reviewed Shop Drawings, Product Data, and Samples will be needed for each product.

3. Prepare and submit with construction progress schedule, a separate schedule listing dates for submission and dates for review.

4. Submittals shall be submitted based on each technical specification section. Submittals containing information about more than one specification section will be returned for re-submittal.

5. Submittals shall include all information requested by each specification section, (No partial submittals). Incomplete submittals will be returned not reviewed by the County’s Project Manager.

6. Provide a log number and reference to Specifications Section and/or Drawing sheets and details,

(Rev. 9/19/06) 01300 - 1 SUBMITTALS


for each submittal for ease of identification of submittal.

B. Shop Drawings:

1. Original drawings prepared by Contractor, Subcontractor, Supplier or Distributor, which illustrate some portion of the Work; showing fabrication, layout wiring diagrams, setting or erection details.

2. Identify details by reference to sheet and detail numbers shown on Contract Drawings. 3. If contractor submits shop drawings for items which shop drawings are not specified, Project

Manager will not be obliged to review them. 4. Contractor shall be responsible for procuring copies of shop drawing for his own use as he may

require for the progress of the work. 5. Shop drawings shall be drawn to scale and completely dimensioned, giving plan together with

such sections as are necessary to clearly show construction detail and methods.

C. Product or Catalog Data:

1. Manufacturers’ standard drawings modified to delete non-applicable data or include applicable data.

2. Manufacturers catalog sheets, brochures, diagrams, schedules, charts, illustrations and other standard descriptive data. a. Mark each copy to identify pertinent materials, products, or models. b. Show dimensions and clearances required; performance characteristics and capacities;

wiring diagrams and controls.

D. Samples: Physical examples to illustrate materials, equipment or workmanship, and to establish standards by which completed work is judged.

1. Office samples: Of sufficient size and quantity to clearly illustrate:

a. Functional characteristics of product or materials, with integrally related parts and

attachment devices. b. Full range of color samples. c. No review of a sample shall be taken in itself to change or modify the Contract requirement. d. Finishes, materials, and workmanship in the completed building shall match accepted

samples. e. Samples of value will be returned to Contractor, when requested in writing at time of

submittal, for his use in the Project after review, analysis, comparison, or testing as may be required by the County’s Project Manager.

2. Section intentionally omitted.

E. Certifications:

1. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor Agreement.

2. Certifications shall clearly identify the materials in reference and shall state that the materials and

the intended installation methods, where applicable, are in compliance with the Contract Documents for this project. Attach manufacturer's affidavits where applicable.

F. Contractor's responsibilities:

(Rev. 9/19/06) 01300 - 2 SUBMITTALS


1. Before making submittals to County’s Project Manager, review each submission, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to County’s Project Manager for review. Return submittals not meeting Contract requirements to Subcontractors and do not forward such submittals to the Architect. Submittals that have not been reviewed by the Contractor will be returned not reviewed by the County’s Project Manager.

2. Verify field measurements, field construction criteria, catalog numbers and similar data. 3. Coordinate each submittal with Work of the Project and Contract Documents. 4. Verify submittal includes all information requested by Specifications Sections. 5. Contractor's responsibility for errors and omissions in submittals or deviations from Contract

Documents is not relieved by County Project Manager’s review of submittals. 6. No extension of time will be granted because of failure to make submittals in ample time to allow

for processing. 7. Contractor's responsibility for deviations in submittals, from requirements of Contract Documents

is not relieved by County Project Manager’s review of submittals, unless Architect gives written acceptance of specific deviation.

8. Notify County’s Project Manager, in writing at time of submission, of deviations in submittals from requirements of Contract Documents.

9. Begin no Work which requires submittals until return of submittals with signature indicating review.

10. After County Project Manager’s review, distribute copies. 11. All shop drawings and submittals shall be number identified by the Contractor, prior to submission

to the County’s Project Manager, in accordance with the following:

a. The Contractor shall use the Project Manual Specifications list as the basis for number identification of all shop drawings and submittals.

b. Affix the specification number under which each submittal is made on every copy of each shop drawing, product data, sample, certification, O&M manual, etc. (i.e. overhead coiling doors shop drawings and data would bear the number "08330").

c. On the first type or group of submittals under each specification number, add the suffix designation “1A” (i.e. over-head coiling doors shop drawings with its product data would be numbered 08330-1A). The number suffix indicates it is the first type or kind of submittal under that specification section, the letter suffix indicates whether it is the original submittal or a re-submittal.

d. All submittals shall include all information requested by each specification section. No partial submittals will be accepted unless previously authorized by the Architect. In the event a partial submittal is authorized, each subsequent different submittal (as opposed to re-submittal) is numbered sequentially. (i.e. if O & M manuals are submitted at a later date, they should have the number "2" (i.e. 08330-2A).

e. If a submittal is rejected, returned not reviewed or marked revise and resubmit, the subsequent re-submittal is indicated by the letter suffix designation (i.e. the original overhead coiling door shop drawings were marked "revise and re-submit", the first re-submittal would be marked 08330-1B).

f. See attached sample page of Shop Drawings Log.

G. Submission requirements:

1. Schedule submissions at least 30 days before dates reviewed submittals will be needed. 2. Submit one reproducible transparency and two blue line prints of Shop Drawings and number of

copies of Product Data which Contractor requires for distribution plus three copies which will be retained by County’s Project Manager.

3. Submit three Samples, unless otherwise specified. 4. Accompany submittals with transmittal letter, in duplicate, containing:

a. Date, and revision date and submittal log number.

(Rev. 9/19/06) 01300 - 3 SUBMITTALS


b. Project title and County’s Project number. c. Contractor's name and address. d. Specification Section clearly identified. e. The quantity of each Shop Drawing, Product Datum, and Samples submitted. f. Notification of deviations from Contract Documents. g. Materials safety data sheet (MSDS) for each item complying with OSHA's Hazard

Communication Standard 29 CFR 1910.1200. h. Other pertinent data.

5. Submittal shall include:

a. Date and revision dates. b. Revisions, if any, identified. c. Project Title and number. d. The names of: e. Architect, Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when

pertinent. f. Identification of product material by location within the Project. g. Relation to adjacent structure or materials. h. Field dimensions, clearly identified as such. i. Specification Section number and applicable detail reference numbers on the Drawings. j. Applicable standards, such as ASTM, ANSI, FS, NEMA, SMACNA or ACI. k. A blank space, on each Drawings or data sheet, 5" x 4" for the Architect's stamp. l. Identification of deviations from Contract Documents. m. Contractor's stamp, initialed or signed, with language certifying the review of submittals,

verification of field measurements, construction criteria and technical standards in compliance with Contract Documents.

H. Resubmission requirements:

1. Shop Drawings:

a. Revise initial Shop Drawings as required and resubmit as specified for initial submittals. b. Indicate on Shop Drawings any changes which have been made other than those requested

by County’s Project Manager.

2. Product Data and Samples: Submit new Data and Samples as required for initial submittals.

I. Number of resubmissions:

1. One reexamination of Contractor's submittals which have been returned for correction or replacement will be permitted. Any additional reexamination of Contractor's submittals will be considered additional scope services to be paid by the Contractor through the Owner.

J. Distribution of submittals after review:

1. Distribute copies of Shop Drawings and Product Data, to:

a. Contractor's file, Project Site file, and Project Record Documents file. b. Subcontractors, supplier and fabricator. c. Other prime contractors.

2. Distribute Samples as directed.

K. County Project Manager’s Duties:

(Rev. 9/19/06) 01300 - 4 SUBMITTALS


1. Review submittals with reasonable promptness. 2. Review for:

a. Design concept of Project. b. Information given in Contract Documents.

3. Review of separate item does not constitute review of an assembly in which item functions. 4. Affix stamp and initials or signature certifying the review of submittal. 5. Return submittals to Contractor for distribution.

L. Architect’s Review:

1. Except for finish, color, and other aesthetic matters left to County Project Manager’s decision by

Contract documents, Architect’s review of shop drawings, product data, and samples is only for Owner’s convenience in following the Work and does not relieve the Contractor form responsibility for deviations from requirements of the Contract Documents.

2. Do not construe County Project Manager’s review as a complete check not relief from responsibility for errors of any sort in shop drawings or schedules of from necessity of furnishing work required by Contract Documents which may not have been shown on shop drawings.

3. County Project Manager’s review of a separate item does not indicate review of complete assembly in which it functions.

4. Submittals not stamped by Contractor and submittals which, in County Project Manager’s opinion, are incomplete, contain numerous errors, or have not been checked or have only been checked superficially will be returned to Contractor for re-submittal.

1.03 COMPOSITE DRAWINGS

A. Prepare composite drawings and installation layouts, where required, to solve field conditions.

B. Drawings shall consist of dimensioned plans and elevations and shall give complete information, particularly as to size and location of sleeves, inserts, attachments, openings, conduit, ducts, boxes, and structural interferences.

C. Composite shop drawings and field installation layouts shall be coordinated in field by Contractor and his

or her subcontractors for proper relationship to work of applicable trades based on conditions and shall be checked and approved by them for submission to County’s Project Manager for final acceptance.

1. Contractor shall have competent personnel readily available for coordinating and checking as well

as for supervision of field installation layouts.

END OF SECTION

(Rev. 9/19/06) 01300 - 5 SUBMITTALS


SECTION 01560

NOISE CONTROL

PART 1 GENERAL 1.01 NOISE CONTROL

A. Equipment which operate with noise levels in excess of 85 decibels measured on the A-weighted scale defined in ANSI S-1.4 at a distance of 100 feet from the equipment is prohibited.

B. All equipment and impact tools shall have mufflers to comply with specified noise control. C. Use of unusually noisy equipment, such as jackhammers and roto-hammers is prohibited. D. Exterior construction work is limited to the hours of 8 AM to 5 PM, Monday through Friday only. E. Cooperate with County if an ongoing construction activity becomes objectionable by its longevity, or by

overlapping into an activity started later by the County. It is understood and agreed that both parties shall cooperate so that neither will be unduly inconvenienced by this requirement.

F. Comply by requirements specified in the various sections.

1.02 DIRT AND DUST CONTROL

A. Conduct earthwork operations in a manner to prevent windblown dust and dirt from interfering with the progress of the work or the County's activities.

B. Prevent dust and dirt from accumulating on walks, roadways, parking areas, and from washing into sewer

and storm drain lines. 1.03 POLLUTION CONTROL A. Burning of refuse, debris, or other materials will not be permitted on the site. B. Comply with regulatory requirements and anti-pollution ordinances during the conduct of construction

and disposal operations. PART 2 PRODUCTS



END OF SECTION

(Rev. 9/19/06) 01560- 1 NOISE CONTROL


SECTION 01700

CONTRACT CLOSEOUT

PART 1 GENERAL 1.01 SUMMARY

A. This section describes contract closeout procedures including:

1. Removal of temporary construction facilities 2. Substantial completion 3. Final completion 4. Final cleaning 5. Project record documents 6. Material, equipment and finish data 7. Project guarantee 8. Warranties 9. Turn-in 10. Release of claims 11. Guaranty and Maintenance Bonds

1.02 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES

A. Remove temporary materials, equipment, services, and construction prior to Substantial Completion Inspection.

B. Clean and repair damage caused by installation or use of temporary facilities. C. Restore permanent facilities used during construction to specified condition.

1.03 SUBSTANTIAL COMPLETION

A. When Contractor considers Work or designated portion thereof as substantially complete, submit written notice, with list of items to be completed or corrected. The term "Substantial Completion" is defined in Section 01090 - References and Definitions.

B. Within reasonable time, Construction Manager will inspect to determine status of completion. C. Should County’s Project Manager determine that Work is not substantially complete, Project Manager

will promptly notify Contractor in writing, listing all defects and omissions. D. Remedy deficiencies and send a second written notice of substantial completion. Construction Manager

will re-inspect the Work. If deficiencies previously noted are not corrected on re-inspection, then Contractor shall pay the cost of the re-inspection.

E. When County’s Project Manager concur that Work is substantially complete, the Construction Manager

will issue a Certificate of Substantial Completion, accompanied by the Contractor's list of items to be complete or corrected as verified by the County’s Project Manager.

(Rev. 9/19/06) 01700 - 1 CONTRACT CLOSEOUT


F. Manufactured units, equipment and systems which require startup must have been started up and run for periods prescribed by other sections covering those units in this Project Manual before a Certificate of Substantial Completion will be issued. The term "Substantial Completion" is defined in Section 01090 - References and Definitions.

1.04 FINAL COMPLETION

A. Final Completion is defined in Section 01090 - References and Definitions. Final Completion occurs when Work meets requirements for County's Final Acceptance. When Contractor considers Work is finally complete, submit written certification that:

1. Contractor has inspected Work for compliance with Contract Documents, and all requirements for

Final Acceptance have been met. 2. Work, except for Contractor maintenance after Final Acceptance, has been completed in

accordance with Contract Documents and deficiencies listed with Certificate of Substantial Completion have been corrected. Equipment and systems have been tested in the presence of the Construction Manager's representative, and are operative.

3. 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 County’s Project Manager finds Work is acceptable and final submittal is complete, the County’s

Project Manager will issue the final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order.

1. Should the County’s Project Manager's representative determine that the Work is incomplete or

defective:

a. The County’s Project Manager promptly will so notify the Contractor, in writing, listing the incomplete or defective items.

b. Contractor promptly remedies the deficiencies and notifies the County’s Project Manager when ready for re-inspection.

c. When the County’s Project Manager's representative determine that the Work is acceptable under the Contract Documents, the Construction Manager will request the Contractor to make closeout submittals.

D. Closeout submittals include but are not limited to:

1. Project Record Documents described in Section 01720 - Project Record Documents. 2. Operation and maintenance data described in Section 01300 - Submittals. 3. Warranties and bonds. 4. Keys and keying schedule. 5. Spare parts and extra stock. 6. Evidence of compliance with requirements of governmental agencies having jurisdiction

including, but not necessarily limited to: a. Certificate of Inspection; b. Certificate of Occupancy; c. Health Department Certification.

7. Certificate of Insurance for products and completed operation. 8. Evidence of payment and release of liens.



9. List of subcontractors, service organizations, and principal vendors including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays.

E. Final adjustments of accounts:

1. Submit a final statement of accounting to the Project Manager, showing all adjustments to the

Contract Sum. 2. If so required, the Contractor shall prepare a final Change Order for submittal to Construction

Manager showing adjustments to the Contract Sum which were not previously made into Change Orders.

1.05 FINAL CLEANING

A. Execute final cleaning prior to final inspection. B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign

substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.

1. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical equipment operated during construction, clean ducts, blowers and coils of units operated without filters during construction.

2. Employ skilled workers for final cleaning.

C. Clean Site; mechanically sweep paved areas.

D. Remove waste and surplus materials, rubbish, and construction facilities from Site. 1.06 Section intentionally omitted. 1.07 Section intentionally omitted. 1.08 Section intentionally omitted 1.09 Section intentionally omitted. 1.10 Section intentionally omitted. 1.11 MATERIAL, EQUIPMENT AND FINISH DATA

Submit six (6) sets of data for primary materials, equipment and finishes as required under each specification section prior to final inspection, bound in 8-1/2 inches by 11 inches three-ring binders with durable plastic covers to the County’s Project Manager for County's records.

1.12 MISCELLANEOUS PROJECT RECORD SUBMITTALS

Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in connection with various construction activities. Immediately prior to Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for use and reference. Submit to the County’s Project Manager for County's records.

1.13 PROJECT GUARANTEE



A. Requirements for Contractor's guarantee of completed Work are included in Section 00700 - General Conditions, Article 9. 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 two years from date of Final Acceptance.

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 County 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.

County may make repairs to defective Work as set forth in paragraph 9.4 of Section 00700 - General

Conditions, 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 repair with due diligence; provided, however, that in case of leak or emergency where, in opinion of County, 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.

C. If, after installation, operation or use of materials or equipment to be furnished under Contract proves to

be unsatisfactory to County’s Project Manager, County shall have right to operate and use materials or equipment until it can, without damage to County, 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.

D. Nothing in this Section shall be construed to limit, relieve or release Contractor's, subcontractors' and

equipment suppliers' liability to County 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 County 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.

1.14 WARRANTIES

A. Execute Contractor's submittals and assemble warranty documents, and operations and maintenance manuals, executed or supplied 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, appropriately separated and organized. 2. Assemble in Specification Section order.

B. Submit material prior to final application for payment.

1. For equipment put into use with County'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 County 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 730 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 County’s Project Manager 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. 2. Where specified, warranty shall be countersigned by subcontractors and installers.

I. Rejection of Warranties: County 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 final 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 County prior to Final Completion as

agreed to in writing by County’s Project Manager.

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 County 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 County.

1.15 TURN-IN

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 County.

1.16 RELEASE OF CLAIMS

Contract will not be closed out and final payment will not be made until Section 00530 - Agreement and Release of Any and All Claims, is completed and executed by Contractor and County.

1.17 Section intentionally omitted.



PART 2 PRODUCTS



END OF SECTION



SECTION 01740

WARRANTIES

PART 1 -GENERAL 1.01 RELATED DOCUMENTS

A. The General Provisions of the Contract, including General and Supplementary Conditions, and Division 1, General Requirements, apply to the Work specified in this Section.

1.02 DESCRIPTION OF WORK

A. The Work included herein consists of furnishing and paying for all labor, materials, equipment, scaffolding, transportation and services required to provide all guarantees and warranties as described hereafter and/or shown on the Drawings.

1.03 WORK SPECIFIED UNDER OTHER SECTIONS

A. Consult all other Sections, determine the extent and character of related Work and properly coordinate the Work specified herein with that specified elsewhere to produce a complete, finished and workmanlike installation.

PART 2 - PRODUCTS 2.01 GUARANTIES

A. Warranties shall be in addition to, and NOT a limitation of, other rights the Owner may have against the Contractor under the Contract Documents and which may be prescribed by law, regardless of wording of warranty.

B. Contractor shall assign to the Owner any warranties issued by outside equipment and material

manufacturers and subcontractors. All warranties so assigned shall be in addition to and not in lieu of all warranties required under the terms of this Specification.

C. Separate guarantees furnished for particular portions of the Work as specified under the pertinent

Sections of these Specifications shall be submitted on the Contractor's letterhead in the following form:

GUARANTEE-WARRANTY FOR__________________________________ We hereby warrant and the General Contractor guarantees that the Work which we have installed in the Property and Salvage Yard has been done in accordance with the Drawings and Specifications and that the Work as installed will fulfill the requirements of the guarantee-warranty included in the Specifications. We agree to repair or replace any or all of the Work together with any other adjacent work which may be displaced by so doing, that may prove to be in its workmanship or materials within a period of one year from the date of acceptance of the above-named structure by the Owner, without any expense whatsoever to the Owner, ordinary wear and tear and unusual abuse or neglect excepted.

In the event of our failure to comply with the above-mentioned conditions within sixty (60) days after being notified in writing by the Owner, we collectively or separately do hereby authorize the Owner to proceed to have such defects repaired and made good at our expense, and we will honor and pay the costs and charges therefor upon demand.

(Rev. 9/19/06) 01740- 1 WARRATIES


Signed Countersigned by Contractor

D. Guarantee period for all work, materials and equipment shall begin on the date of Substantial

Completion, NOT when subcontractor has completed his work, nor when equipment is turned on. PART 3 - EXECUTION 3.01 DELIVERY

A. Compile required and incidental warranties required by these Specifications. Materials shall be folded and bound as required to fit an 8 ½" by 11" format, suitable for filing. Deliver binder, with table of contents and clearly marked with the building designation, to the Owner

END OF SECTION

(Rev. 9/19/06) 01740- 2 WARRATIES


SECTION 03300

CAST-IN-PLACE CONCRETE PART 1 - GENERAL Division 1 requirements apply to this Section. 1.01 SUMMARY A. Section includes: Cast-in-place concrete, including: 1. All cast-in-place concrete work. 2. Concrete mix designs. 4. Setting anchor bolts, inserts, dowels, and accessories cast in concrete, which are

specified under other Sections. 5. Curing. 6. Concrete finishing. B. [Paragraph intentionally omitted] 1.02 TESTS AND INSPECTIONS: A. Provide design of all concrete mixes for concrete exceeding 2,000 psi 28-day compressive and

submit copies of same to the County’s Project Manager for review. Owner will pay Testing Laboratory for these design mixes.

1. The trial batch strength for each mix shall exceed indicated or specified strength by 750

psi or a lesser amount based on standard deviations of strength test records according to UBC Std. 26-11.

2. Design concrete mixes for workability and durability of concrete. Control mixes in

accord with CBC, Title 24, Part 2, Method B for all hardrock concrete. Make adjustments in cement content as necessary for required concrete strengths at the Contractor's expense. Conform to ACI 301, Table 3.8.2.4, for maximum permissible water-cement ratios except maximum 0.55 ratio for normal weight concrete.

B. Material testing and concrete compressive strength testing: 1. Cement material test: UBC Std. 26-1. Submit mill certificates for portland cement per

CBC, Title 24, Part 2. 2. Aggregates: Sampling at source of supply in accordance with CBC, Title 24, Part 2. 3. Concrete compression tests: Make 3 standard test cylinders from each day's placing and

each 50 cubic yards or fraction thereof of each mix of concrete. Date cylinders. Comply with CBC, Title 24.

a. Number and note each indicating point from which sample was taken. Indicate slump test results of each sample of concrete as determined by ASTM C143. Make test cylinders at job and store in laboratory in accordance with ASTM C31. Additional test cylinders may be taken and tested as directed by Owner.

4/12/06 03300 - 1 CAST-IN-PLACE CONCRETE

Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 4. Batch plant inspection in accordance with CBC, Title 24, Part 2. 1.03 PRODUCT HANDLING A. Deliver materials in their original containers with seals unbroken and manufacturer's name and

product identification clearly legible on each package. B. Store so as to preclude damage from moisture or from any other source. PART 2 - PRODUCTS 2.01 MATERIALS A. Portland cement: ASTM C150, Type II, low alkali. B. Aggregates: Shall conform to UBC Std. No. 26-2 and CBC, Title 24, Part 2. 1. Alkali reaction: Do not use aggregates that are alkali reactive when tested in accord with

ASTM C227, C289, or C295. 2. Maximum coarse hardrock aggregate size: 1-1/2". 3. Hardrock concrete: Washed sand gravel (from acceptable pits), ASTM C33, including

requirements for sampling and testing except that loss after 500 revolutions in the Los Angeles machine shall not exceed 40%. Limit for material finer than No. 200: 3% for fine aggregate.

a. For pumping: Limit design to use up to 1-1/2" maximum aggregate. Sand: 15%

to pass 50 mesh screen, 3-1/2% to pass 100 mesh screen. C. Water: Clean; from a source suitable for domestic consumption. D. Curing compound: ASTM C309, Type 1-D.

E. Curing and protection paper: ASTM C171.

F. Combination curing and hardening compound: Ashford Formula. G. Bond coat: Equivalent to PRC 930, by Product Research and Chemical Corp. H. [Paragraph intentionally omitted] I. [Paragraph intentionally omitted] J. [Paragraph intentionally omitted] K. [Paragraph intentionally omitted]


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 L. [Paragraph intentionally omitted] M. [Paragraph intentionally omitted] N. Miscellaneous materials: As necessary to complete this Work. 2.02 CONCRETE STRENGTHS A. All concrete shall conform to CBC, Title 24 for ultimate strength design, and have the

minimum 28 day compressive strengths in pounds per square inch as shown on the Structural Drawings.

B. [Paragraph intentionally omitted] C. Measurements: Measure water by volume or weight. Measure all other materials by weight.

One bag of cement considered as one cubic foot or 94lbs.; one gallon of water as 8.33 lbs. 1. Cement content: As determined by Testing Laboratory designing mix.

2. Aggregates: Quantity of fine and coarse aggregate shall be determined by Testing Laboratory designing the mix. The combined grading shall conform to CBC, Title 24, Part 2, Table No. 26-K.

3. Water content, including moisture carried on surface of aggregates shall be as

determined by Testing Laboratory designing the mix. D. [Paragraph intentionally omitted] E. Slump: Unless specifically specified or accepted otherwise by the Engineer, the slump at no

time during batching, mixing, transporting, or placing shall exceed that stated in the design mix.

2.03 [Paragraph intentionally omitted] 2.04 MIXING OF CONCRETE A. Mix concrete by transmit mixers only. 1. Materials and proportioning: As specified in this Section. 2. Mixing: In accordance with UBC Std. No. 26-13, unless otherwise specified. 3. Mixing time: At least 5 minutes after all water is added to mixture with not less than one

minute of which is immediately prior to discharge at Project Site.

4. Final position: Place transit mixed concrete in final position within 1-1/2 hours after



water is first added to the batch, and at the time of placing, the concrete shall be in such condition that it will flow readily into position.

5. Certification: Transit mixed concrete supplier shall be a manufacturer licensed by the

governing municipality. a. The manufacturer of transit mixed concrete shall deliver to Project Site a delivery

ticket with each mixer truck. b. These delivery tickets shall specify type of concrete and weight of materials as

noted in mix design and shall be signed by a State Licensed Weighmaster. c. Batch plant inspection is required for all structural concrete. PART 3 - EXECUTION 3.01 PREPARATION FOR CONCRETING A. Weather provisions: Make provisions for weather conditions in accord with ACI

Specifications, the recommendations of the Testing Laboratory, and acceptable to the Engineer. B. General: 1. Excavations: Before placing of any concrete for foundations, insure that the excavations

have been inspected. 2. Time of placing: Do not place concrete until all reinforcement, anchors, bolts, and other

embedded items are securely and properly fastened in their proper places and positions; nor until all reinforcement and forms have been inspected and approved as required by the governing codes.

C. Surface preparation: Before concrete is deposited upon or against concrete that has taken its

initial set or has hardened, remove all encrustations from the forms and reinforcement, and mechanically roughen hardened concrete to minimum 1/4" coarseness amplitude.

1. Remove all laitance, oil, and loose particles from concrete; clean concrete surfaces and

forms thoroughly by washing with water under stiff pressure, or sandblasting, if necessary, to obtain the specified condition.

2. Remove laitance after concrete has partially hardened (not less than two nor more than

four hours after placing) by brushing with stiff bristles or by directing a stream of water from a 1/4" nozzle, or other acceptable method, to expose clean top surface of aggregate.

3. Where cleaning is not satisfactory, sandblast surface and then wash again. 3.02 PLACING CONCRETE A. Conveying: As rapidly as possible, by methods avoiding segregation or loss of ingredients and

rehandling. B. Placing: Comply with requirements of ACI 301. Keep concrete as level as possible, with a



minimum flow from one portion of the work to another. Place concrete with a workable, non-segregating mixture.

1. Tamp and vibrate so as to produce a dense smooth job, free from rock pockets and voids.

Use acceptable trunks and chutes where free drop exceeds 6 ft. C. Pumped concrete: 1. General: Do not use aluminum or aluminum lined pipe. Prevent concrete from

contacting aluminum fittings. a. Minimum diameter of hose for 1" aggregate: 3" with 3 workers at hose. b. Minimum diameter of hose for 1-1/2" aggregate: 4" with 4 workers at hose. c. Above 4" diameter hose use mechanically supported and operated hose. 2. Mix: Do not add more water to mix than maximum allowed on delivery ticket when a

slump desired is greater than that placed initially in pump. Check that mix design entered on delivery ticket complies with that ordered.

3. Pumps: Use only piston type pumps. Insure that they are reversible. Make standby

pump available of no less capacity than that in use for operation at the Project Site within one hour's notice.

D. [Paragraph intentionally omitted] E. Compacting: 1. Compact each layer of concrete as placed with mechanical vibrators or equivalent

equipment. Transmit vibration directly to concrete and in no case through forms. Accomplish thorough compaction. Supplement by rodding or spading by hand adjacent to forms. Compact concrete into corners and angles of forms and around reinforcement and embedded fixtures. Recompact deep sections with congestion due to reinforcing steel.

2. Do not transport concrete in forms with vibrators nor allow vibrators to contact forms or

reinforcing. F. [Paragraph intentionally omitted] G. [Paragraph intentionally omitted] H. [Paragraph intentionally omitted] 3.03 [Paragraph intentionally omitted] 3.04 PROTECTION A. Adequately protect all exposed concrete surfaces from damage which might result from work of

other trades, on or about the Project, until final acceptance of the Work.


Alameda County, General Services Agency Property and Salvage Yard Cover PROJECT #7012 1. Comply with applicable ACI requirements to secure satisfactory concrete in either hot or

cold weather. 3.05 DEFECTIVE CONCRETE A. Concrete work that is not formed as shown, is not true to intended alignment, not plumb and

level where so shown, not true to line or grade, or which has unrepairable voids or rock pockets, wood or debris embedded in it. or does not fully conform to these Specifications, will be deemed faulty material and workmanship.

1. Remove such work from Project Site and replace with concrete complying with

requirements of these Specifications, at no extra cost to the Owner. B. If compressive tests of concrete cylinder specimens fail to show compressive strength specified,

the Engineer may require tests to be made of core samples taken from the placed concrete represented by the unsatisfactory test samples. Comply with CBC, Title 24, Part 2.

1. Take and test in accord with ASTM C42. 2. If the results of core tests show that the compressive strength is less than specified,

concrete will be deemed defective, and shall be replaced in a manner acceptable to the Engineer, at no extra cost to the Owner.

3.06 [Paragraph intentionally omitted] 3.07 FIELD QUALITY CONTROL A. Comply with requirements of Section 01410 - Structural Tests and Inspections. B. Perform Work of this Section under the supervision of a capable concrete superintendent. C. Continuously monitor concrete placing operations to maintain level top surface. 3.08 [Paragraph intentionally omitted] 3.09 [Paragraph intentionally omitted] 3.10 [Paragraph intentionally omitted] 3.11 ADJUST AND CLEAN A. Protect exposed concrete finish such as bases, curbs, and similar work as necessary to prevent

damage resulting from impact or from subsequent work or rubbish. B. Protect work of other Sections from damage by Work of this Section with heavy kraft paper. 1. Maintain protection in effective condition for as long as need for protection exists. 2. Control use of water within the building so that no damage to previously installed work



or existing structure and finish is permitted to occur. 3.12 FINISHES A. Integral smooth steel troweled finish: Use this finish on surfaces which have no other specific

concrete finish specified or shown. See below for ramp finish. 1. After the concrete has hardened sufficiently to prevent drawing moisture and fine

aggregate to the surface, perform finish troweling in two operations. Avoid excessive troweling.

2. Perform first troweling immediately after power floating or when sufficiently hard, using

a power rotary trowel. 3. Do not use cement or a mixture of cement and sand spread on the surface to absorb

excess water and do not add water to facilitate troweling. 4. After concrete is so hard that mortar does not accumulate on the trowel, perform final

troweling. 5. Trowel surface until there is a distinct ringing sound under the trowel and until finished

to a smooth, hard burnished surface. 6. Curing: Curing compound, except provide curing and hardening compound at interior

areas which will remain exposed. B. [Paragraph intentionally omitted] C. [Paragraph intentionally omitted] END OF SECTION
