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Home My WebLink AboutHA35180 - Deck Imprvmnt-Rltd Svcs at Candlewood AptsPALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. HA-35180 TO RYDER, INC. FOR DECK IMPROVEMENTS AND RELATED SERVICES AT CANDLEWOOD APARTMENTS SUBMITTED BY: Veronica Tapia, Senior Management Analyst CONTRACTOR: Ryder, Inc. 1950 Compton Avenue, Suite 113 Corona, CA 92881 DATE: January 26, 2017 CONTENT: Ryder, Inc.'s Proposal dated May 6, 2016 and revised June 13, 2016 Ryder Inc's Confirming Letter dated January 17, 2017 Contract Agreement HA-35180 Water Analysis Report dated April 27, 2015 Recommendation By Minute Motion, that the Authority Board, 1. Authorize the award of Contract No. HA-35180 to Ryder, Inc., in the amount of $596,065 plus 25% contingency of $149,016, totaling $745,081 for the Deck Improvements at Candlewood Apartments; and 2. Approve the draft agreement substantially as to form and authorize the Authority counsel to finalize; and 3. Authorize the Executive Director or her designee to approve any change orders not to exceed a total of $149,016, and finalize any documents necessary to effectuate the action taken herewith. 4. Appropriate $745,081 to Account Number 8718693-4405000 from unobligated Housing Authority Funds. Costs may be reimbursed from available bond proceeds. Housing Commission Recommendation The Housing Commission reviewed and approved this item at its meeting of May 11, 2016. Strategic Plan Objective This request does not apply to a specific strategic plan goal. Executive Summary The decks at Candlewood Senior Apartments are a major deferred maintenance item that needs to be addressed immediately. Listed on the 2009 reserve study as a project to be completed in 2009, it is a priority to complete now that we have the authority to do so. This CONTRACT NO. HA-35180 STAFF REPORT Palm Desert Housing Authority — Negotiate Contract with Ryder, Inc. January 26, 2017 Page 2 project was originally approved by the Authority Board in May, 2016 however securing a contractor has proven to be extremely challenging due to the nature of the work to be performed as well as any unknown conditions that may exist. Background The Reserve Study done by Association Reserves, Inc. in 2009 for the Palm Desert Housing Authority identified several improvements that needed to be made immediately at Candlewood Apartments to catch up on deferred maintenance inherited with the purchase of the senior community. Soon after their recommendation, the redevelopment agency was eliminated, along with the ability to award any new contracts. In the interim, the management company has been arduously repairing items as needed; however the condition of the decks has deteriorated greatly. In November 2014, the management company, housing staff, and a City building inspector walked the property to determine the severity and extent of the scope of the project. The deterioration of the decks in many places throughout the property were obvious, but what lay beneath was in question. A professional services consultant Ryder, Inc. (formerly known as Woods Construction, Inc.) was engaged to design plans in order to ensure all requirements were being met by the best solution possible while all issues were being addressed. The plans were approved in October, 2015 by Building and Safety; however, with the new laws enacted regarding prevailing wage requirements, staff worked diligently with legal counsel to develop bid documents specific to the Housing Authority's needs and requirements, and were able to complete that process in March, 2016. In April, 2016, a notice was published requesting sealed bids for the deck improvements. Bids were to be opened on April 22, 2016 but no bids were received, although several interested parties had obtained plans for the project. Although Ryder, Inc expressed interest in the job, they did not submit a bid because their previous work could potentially give them an unfair advantage over the other bidders. Consequently, staff requested authorization to negotiate with Ryder upon receiving no other bids. However, during the process of entering into contract, Ryder determined that they were unable to do the work at that time. A second notice requesting sealed bids for the deck improvements was published in September, 2016. Bids were to be opened October 14, 2016. Once again, there were interested parties on the plan holders list, however no bids were received. Pursuant to Municipal Code section 3.30.060, if no bids are received, the Housing Authority is not required to re -bid the project and may negotiate a contract at arm's length. Following discussions with legal counsel, staff began the search to secure and negotiate a contract with a qualified contractor to no avail. In early December staff was contacted by Ryder and informed that they were now in a position to perform the work at Candlewood, and that they would honor the estimates provided earlier in the year. The original estimate provided on May 6, 2016 was in the base amount of $692,502 (plus contingency). Ryder's original estimate included floor joist repair and plywood replacement throughout the property to resolve possible drainage problems. As part of the negotiation, staff asked Ryder to strip the estimate down to only include the floor joist and plywood replacement where drainage problems are known to exist. On June 13, 2016 Ryder provided an updated estimate in the amount of $496,721 with the caveat that if the decks are opened up and the G \rda\Veron,ca Tapia\Word Flies \PDHA\Candlewood Decks\2017 Award Contract HA_ to Ryder. Inc for CDI 1-26-17 Rev by BBK 1-18-17 doc CONTRACT NO. HA-35180 STAFF REPORT Palm Desert Housing Authority — Negotiate Contract with Ryder, Inc. January 26, 2017 Page 3 conditions were such that extra drainage work was needed, extensive change orders would be incurred that potentially could hold up the job. Staff discussed the nature and potential of the situation with the City Attorney and determined the best course of action is to establish an allowance for correcting the drainage problem at all remaining locations, in case it is found to occur elsewhere. This allowance will be part of the contract amount, but will only be paid to the contractor in the event and to the extent that the work is found to be necessary. The allowance is in addition to a 25% contingency in order to keep this much delayed project flowing and ultimately reduce the impact to the senior residents. The construction contract requires Ryder to give prompt notice prior to performing any change order work, to provide documentation supporting the actual costs, and to limit the mark-up for overhead. Ryder, Inc. has done work satisfactorily for the Housing Authority in the past. Therefore, due to the constraints presented by this project, in addition to the continued deterioration of the decks, staff believes it to be in the best interest of the senior community and the project to proceed with negotiations and award the contract to complete the deck improvements at Candlewood Apartments to Ryder as follows: Base 496,721.00 6/13/16 Estimate Allowance* 99,344.20 (to cover unforeseen costs/billed at actual) Total Contract 596,065.20 Contingency 149,016.30 (calculated at 25% of base) Total Award 745,081.50 The project is expected to commence upon execution of a contract for this work. Fiscal Analysis The fiscal impact of this contract is the cost of the contract itself, potential temporary relocation of tenants during construction, plus 25% contingency (for unforeseen conditions and permit fees). Veronica Tapia, Senior Ma agement Analyst Approval: 1uri Aylaian, Executive Director Department Head: M. Moore, Director of Finance 4.01(043Y HOUSG AUTH 5 "C OBI - �� = VERIFIED - Original on file with City Clerk's afre; 0-Mal-harj, Ke((� , N sMi s._ c d tlet G.\rda\Veronica Tapia\Word Files\PDHA\Candlewood Decks\2017 AwardCon rac HA_ to ydr, Inc for C eDI 1-26-17 Rev by BBK 1-18-17 doc Rrrtr e)PP CON',t RUC I ION (r DI SIGN, 1950 Compton Ave, STE 113 Corona, CA 92881 951.371.8638 ! 951.371.8369 fax l.ic # 1007739 1)112 # 1000034859 Submitted To PALM DESERT HOUSING AUTHORITY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Description BEAM REPLACEMENT Date 5/6/2016 Property Address Estimate CANDLEWOOD EIA-35180 74-000 SI IADOW MOUNTAIN DR. PALM DESERT, CA 92260 Qty BUILDING A, Units #1-8 Remove Stucco as needed at Beam/Wall (3-S3) Remove Stucco surrounding Walkway Beam Replacement (4-S3) Remove upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support 2nd Floor Walkway and Roof/Over hang Remove and Replace Walkway Beams located under handrail locations Reframe Column as need from Beam replacement (3-S3) Patch Stucco as needed at Beam/Wall (3,4-A2;2,3-A7) Patch Stucco surrounding Walkway Beam Replacement (3,4-A2;2,3-A7) Parch Stucco upro 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) BUILDING B, Units #9-18 Remove Stucco as needed at Beam/Wall (3-S3) Remove Stucco surrounding Walkway Beam Replacement (4-S3) Remove upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support 2nd Floor Walkway and Roof/Over hang Remove and Replace Walkway Beams located under handrail locations Reframe Column as need from Beam replacement (3-S3) Patch Stucco as needed at Beam/Wall (3,4-A2;2,3-A7) Patch Stucco surrounding Walkway Beam Replacement (3,4-A2;2,3-A7) Patch Stucco upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) BUILDING C, Units #19-26 Remove Stucco as needed at Beam/Wall (3-S3) Remove Stucco surrounding Walkway Beam Replacement (4-S3) Remove upro 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support 2nd Floor Walkway and Roof/Over hang Remove and Replace Walkway Beams located under handrail locations Reframe Column as need from Beam replacement (3-S3) Thank you for your business. 5 5 Total Rate 7,680.00 7,680.00 Estimate # 2016-68 Total 38,400.00 38,400.00 Page 1 C 1% P', .,r,m.t,(:.1 92$i41 : 1 ?,(t;'s , •,,1 i 18V," I.0 ,.!±ntlttttl ; n P \I.\I I)I sN R l 11( )1 SIN(; \l'"I I I( )Itl"I)' "i ili'I•It1 I)\C'\RING 1' \I \1 1)I '.I .R"1', ( \' 22(to 2i'ti Estimate "laic Estimate_# rGr tal6 1016 65 Property lidres• t \\; t) I \\ c )t ,1 ) 111 311S,• .y.4a III\!a<t\\ \Ittl \1'11\:)!i 1'\I \1 I)1 :•I 1tl.r 1',"0• Description tit 111)1\( (', cm. rr1'r _'(, ( (trimmed from Prct't(,t:. Pa.c needed at lic.tm \\ail i i,a .12;2,1 .\ surr.)undtttg\\,tlktc.t,- 1ic.t:n R.'; laccmcnt ,3,i .12:2,1 .1-. 1',:, 11 'ru.r„ upi(, 2' x 18' t,i Stu..•(, 1.acf at \l alktt•at Ream Rcpl,ticnu'nt :1,4 \2:2..1 Ictnnrtr.tr•t:•. 8upp(,t; IinJ c Rcntrnvc .tnti Replace -1 (,ut,itie beam I(.catcd nn lirtdti c t() cxt ttnl; (bauble hymn,. in Lc unh -01.1• t,f I'a>cta replaic•nc•nr 16; I !•,t,r La•t Itep.ur.LT fic.rm Iteplaccnnnt 1.(n.utrat' (k S3 Qt)' li Rate Total (,$IJIiu iS,lli.in,i 3,141 4it, 14.,011. 6412 nit I cntll('r.tnl,' Suppnrt Sturtcc11 Rol Rtir..,t•c and lepl.lec at:ura•ell 13c.tnl (Stair l'lc('.uu,tt• \•il i 1,716,+.1ft 1)1 (1•:i\(i lii ll.l)I\(i 1, l ,tn> ::1 s itrn-.„c22: 1.1• x npt(. IS" „f Stunt, at Deck t•. \\ Its 11,','e .all .leek h t tt•a11 flashing and weep >..rcctl ichcrc Stu,,,, was rcnn,t"c•d '•2 \ t.t slop edge metal Il:t hink .0 t)ct k l tlt c \ \ lic:n•ne 1.nc•r'., cif 1)4...ckt n.:atd Suhsrratc• \rt.n.h 2''(" u, exci,ing i,)1>I in order t„ Re slope walkway t ,r pr(,per dratn.u. Imaall ' 1 . I,tvcr (,t i 4" plt"tc,,t,d (55i,SJ• i Imt.ali P1tl)ck dc.k ststem per manufacturers specifications i1.2. c\•I 11.1.I1 21'1 I I \ opt„ 1.8" c,f `n,ce(, a1 liurldin \\".tlkwa, Pcr1tnc1cr demo I,.can,.ns 1 ,'.' 1 \ I)UO L- 1 14t_ II.I)I\ ; I'. 1 niT :;') 15 , and liRll)C;l R.:n• ':c 15 I.I up;r, I '' „i gut c,t at Deck t(t \C'ail t tick k t(, a.a11 tl,shtnc,and ttccjl :c'rrc.t.ncCrc .4LIc:n W.t• rein.,.cd ;_ .\ t 'nil i• . t MT!) cc.* metal Il.t.!m1L .tt 1)ci k 1 .ch;e t \ think • nt 1.1' „n:, hu,Inc.:. Total It t.10't. III lot), l v r at -' Irk ' ;: t 1i, i S 1' \I \I I)(:.. ("l II( 11'sI\(; \l"lIl( )121'l'1' l.121'l) \\ \RI\(; 1)I21\'1•. 1' \I \ 1)I;�1:R'l (. \' 2(0 3-8 Description Daly i - G,'_lt 16 1'rnperty lddre.: "\\l)7 1 \\()( ill II \ � uri'•'1I \l)( )\\ \j )1 \ Itl`. 1 (1< 1'\I \I I11 'I•RI( \''"oi lit'11 1)1 \(; li, L nu, ::') IS mid (2) BRII)(;I'ti C(unnued from Previous Page Kcn:o\ c 1$2 SI• .(II Livers, of llcchtug .u1d Substrate \n.i. h '"\6" t" exctsntg 1')t't ,n ,,rder Ni Re slope walkway for proper drainage Inslaa I • laver of ; 4" plywood 1823S1 ; In 1 lil i'I 1),;?t deck .l...tern per ntanutacturcr's spcnlic:titon,',1,'_,i2�d .\-. PAR.]; 18 1 uptr, IS"of Stucco at Building "\\.11kw.tw Pennteter demo i' auon. lit II 1)I\(, (', L nu, • 1') 2e It(221 1.1 x uplo 18" of Stucco at I)cck t•,\\'all Rc1L' ve .ai dcc.k t„ y;all t1.1,:hing and \veep screed where Stucco was removed (2 \ Rcn:.,ve ii1.1• "f di()) edge utctal (lashing at Deck I..dge r i \-; R(i:•.,vi 350l.;l .sill I.nc,>; if. I )ccking and Substrate tri rsri,tng 1'11,1 in order It, Rc :Inv \y.tik\v.n ti,r proper drautagv 110t.111 • 1. .:\er of i 4" ttl\\vnod . iioSl'1 1n .:il plank deck srtcrn per m:tn1;(.tcturer's >pr( iieaurat. i I.'_.;c\ l \ I'11.11 221 1-1 x upIn 1 (" oiStuecn.n Building! \\•.(lk\t.Iv 1'enntctcr• d -no lncanons 1,1 \'._2.1 \'. l)( )012 \!t )1)11.1(1.\'l'I(1\\ Kc it:„vc c xt,ting I•ront 1)<,.,r Threshold 1•Icv.ue substr.uc and 1n.tall \let.ti I I:ulun,. Iv aiun) "f I)r,or a. needed ti,r cicv. uo:) 111 .:11 \ew'fhre.hold.tnd 1).or I1 \\1)R \II.S Rcn:"\rAnd Rcplaic :ill existingguardrail. handrail tl)erui' .\_2.1kuils ... a I ut. Kc In"\ c and P„('r new (on( rerc 1 uonng II `;1 111.1,11.';;1it tin \u(:I'lilts ltic s; 1 13 Total Estimate i stimatc # )11, (s Rate Total to,1.1).11i IIi,l'1') 1 I.Ilniu) '16.-11i,it RI9r. T.) lennm l'O\I I ant' 1 IO\ DI S IGi, 1950 Compton Ave, S'rE 113 Corona, CA 92881 951.371.8638 1951.371.8369 fax I.ic # 1007739 1)112 # 1000034859 Submitted To I P:\LM DESERT HOUSING AUTHORITY I "3-51(1 FRED \WRING DRIVE P.\L\I DESERT, CA 92260-2578 Description PAINT Paint Entire inside Building Perimeter Floor to Ceiling Paint Stucco Repair areas on columns and lid Prime and Paint all six sides of Fascia Prime and Paint all guardrail/handrails Paint 'Modified Front Doors GENERAL CONDITIONS 1.5 Liability 10". 0 ()H + Profit Thank you for your business. Date Estimate estimate # 5/6/2016 ( 2016-68 Property Address CANDI.P.WOOD }IA-35180 74-000 SI IADOW MOUNTAIN DR. PALM DESERT, CA 92260 Qty Total Rate Total 1 25,000.00 25,000.00 1 125,000.00 125,001).00 1 9,305.00 9,305.00 1 62,955.00 62,955.00 $692,502.00 Page 4 CONSTRUCTION & DESIGN 1950 Compton Ave, STE 113 Corona, CA 92881 951.371.8638 I 951 371 8369 fax Lic # 1007739 DIR # 1000034859 tiubmitted To PALM DESERT HOUSING AUTHORITY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Description BEAM REPLACEMENT Date Estimate 6/13/2016 Property Address CANDLEWOOD 1IA-35180 74-000 SI IADOW MOUNTAIN DR. PALM DESERT, CA 92260 BUILDING A, Units #1-8 Remove Stucco as needed at Beam/Wall (3-S3) Remove Stucco surrounding Walkway Beam Replacement (4-S3) Remove upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support 2nd Floor Walkway and Roof/Over hang Remove and Replace Walkway Beams located under handrail locations Reframe Column as need from Beam replacement (3-S3) Patch Stucco as needed at Beam/Wall (3,4-A2;2,3-A7) Patch Stucco surrounding Walkway Beam Replacement (3,4-A2;2,3-A7) Patch Stucco upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) BUILDING B, Units #9-18 Remove Stucco as needed at Beam/Wall (3-S3) Remove Stucco surrounding Walkway Beam Replacement (4-S3) Remove upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support 2nd Floor Walkway and Roof/Over hang Remove and Replace Walkway Beams located under handrail locations Reframe Column as need from Beam replacement (3-S3) Patch Stucco as needed at Beam/Wall (3,4-A2;2,3-A7) Patch Stucco surrounding Walkway Beam Replacement (3,4-A2;2,3-A7) Patch Stucco upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) BUILDING C, Units #19-26 Remove Stucco as needed at Beam/Wall (3-S3) Remove Stucco surrounding Walkway Beam Replacement (4-S3) Remove upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support 2nd Floor Walkway and Roof/Over hang Remove and Replace Walkway Beams located under handrail locations Reframe Column as need from Beam replacement (3-S3) '1-hank you for your business. Qty 5 5 Total Rate 7,680.00 7,680.00 Estimate # 2016-81 Total 38,400.00 38,400.00 Page 1 flynr4 cruet (.ONStfUCTION & DESIGN 1950 Compton Ave, STE 113 Corona, CA 92881 951.371.8638 I 951.371.8369 fax l,ic # 1007739 DIR # 1000034859 Submitted To PALM DESERT HOUSING AUTHORITY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Date 6/13/2016 Property Address Estimate CANDI.EWOOD HA-35180 74-000 SHADOW MOUNTAIN DR. PALM DESERT, CA 92260 Description BUILDING C, Units #19-26 - Continued from Previous Page Patch Stucco as needed at Beam/Wall (3,4-A2;2,3-A7) Patch Stucco surrounding Walkway Beam Replacement (3,4-A2;2,3-A7) Patch Stucco upto 2' x 18' of Stucco Lid at Walkway Beam Replacement (3,4-A2;2,3-A7) Temporarily Support Bridge Remove and Replace (4) outside beams located on Bridge to existing double beams in center with 70I.F of Fascia replacement (A6) Qty 5 2 Temporarily Support Stairwell Roof Remove and Replace Stairwell Beam (Stair Elevations-A4) 3 DECKING BUILDING A, Units #1-8 Remove 45 LF x upto 18" of Stucco at Deck to Wall Remove all deck to wall flashing and weep screed where Stucco was removed (2-A7) Remove 55LF of drip edge metal flashing at Deck Edge (3-A7) Remove 550SF of Decking and Substrate down to original (2) layers of 1/2" plywood Install PliDek deck system per manufacturer's specifications (1,2,3&4-A7) Patch 45 LF x upto 18" of Stucco at Building/Walkway Perimeter demo locations (3,4-A2,2,3-A7) BUILDING B, Units #9-18 and (2) BRIDGES Remove 55 LF x upto 18" of Stucco at Deck to Wall Remove all deck to wall flashing and weep screed where Stucco was removed (2-A7) Remove 225LF of drip edge metal flashing at Deck Edge (3-A7) Remove 1825SF of Decking and Substrate down to original (2) layers of 1/2" plywood Install PliDek deck system per manufacturer's specifications (1,2,3&4-A7) Patch 55 I.F x upto 18" of Stucco at Building/Walkway Perimeter demo locations (3,4-A2;2,3-A7) Thank you for your business. Total 1 1 Rate 7,680.00 5,340.00 4,560.00 26,755.00 57,075.00 Estimate # 2016-81 Total 38,400.00 10,680.00 13,680.00 26,755.00 57,075.00 Page 2 HEstimate l,(1 NSIIUUCIION i4 PESI(,N 1950 Compton Ave, STE 113 Corona, CA 92881 951.371.8638 I 951.371.8369 fax 1.0 # 1007739 1)112 # 1000034859 $ubmitted To PALM DESERT HOUSING AUTHORITY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 Description Date 6/13/2016 Property Address CANI)LEWOOD HA-35180 74-000 SI IADOW MOUNTAIN DR. PALM DESERT, CA 92260 BUILDING C, Units #19-26 Remove 45 LF x upto 18" of Stucco at Deck to Wall Remove all deck to wall flashing and weep screed where Stucco was removed (2-A7) Remove 55LF of drip edge metal flashing at Deck Edge (3-A7) Remove 550SF of Decking and Substrate down to original (2) layers of 1/2" plywood Install PliDek deck system per manufacturer's specifications (1,2,3&4-A7) Patch 45 LF x upto 18" of Stucco at Building/Vcialkway Perimeter demo locations (3,4-A2;2,3-A7) Qty 1 Rate 26,755.00 HANDRAILS Remove and Replace all existing guardrail/handrail (Details A2;Details S3) Saw Cut, Remove and Pour new Concrete Footing (11-S3) 1 96,700.00 PAINT Paint Stucco Repair areas on columns and lid Prime and Paint all six sides of Fascia Prime and Paint all guardrail/handrails GENERAL CONDITIONS 1.5°'o Liability 10% OH + Profit Thank you for your business. Total 12,500.00 81,001.00 6,705.00 49,670.00 Estimate # 2016-81 Total 26,755.00 96,700.00 12,500.00 81,001.00 6,705.00 49,670.00 $496,721.00 1 Page 3 Tapia, Veronica From: Lauren Robinson <lauren@woods-construction.biz> Sent: Tuesday, January 17, 2017 2:26 PM To: Tapia, Veronica Cc: Mark Woods; Skye Woods Subject: RE: Candlewood Attachments: Candlewood011717.pdf Hi Veronica, Attached is the letter that you requested. Additionally I wanted to readdress that this was the revised bid sent to you after our meeting June 6th. The revised scope of work was bid on the assumption that once we remove the existing decking down to the original 2 layers of 1/2" plywood that there would be adequate slope to shed water towards the drip edge and that the plywood was in sound condition to receive the new deck coating system. The original bid of $692,502 included the following that was subsequently removed and discussed that it could be address as a change order if it were to arise during construction. • Floor Joist Repair at Beam Replacement Locations (8-S3) • Removal of Stucco at Deck -to -Wall along the inner perimeter of the buildings (the current bid only includes this at the outer perimeter as needed for the beam replacement and framing work). • Attachment of 2x6 to existing joist in order to re -slope the deck • Replacement of all plywood • Front door Modification Please let us know if you anything additional. Thank you, R n CONS TRUC 1ION & r7ESI(.N Lauren Robinson Cell 714.745.8165 Lic# 1007739 1950 Compton Ave #113 I Corona, CA 192881 Phone 951.371.8368 I Fax 951.371.8369 lauren@woods-construction.biz From: vtaoia(acitvofoalmdesert.orq [mailto:vtapia@ citvofoalmdesert.orgj Sent: Tuesday, January 17, 2017 10:50 AM To: Lauren Robinson Cc: Mark Woods; Skye Woods Subject: RE: Candlewood Hello all....doing my best to get this thing going! What a challenging project from all perspectives! 1 coNsTRucnoN & oLsIGN January 17. 2017 Veronica Tapia Sr. Management Analyst City of Palm Desert 73-510 Fred Waring Drive Palm Desert. CA 92260-2578 Dear Ms. Tapia This letter is to inform you that estimate 2016-81 dated 6/13/2016 regarding Candlewood HA-35180 for the amount of S496.721.00 is still valid. Please do not hesitate to contact us \\ e can he of further assistance. Sincerely. Mark .A. Woods Ryder Corp. PALM DESERT HOUSING AUTHORITY PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR CANDLEWOOD DECK IMPROVEMENTS CONTRACT NO. HA-35180 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 (760) 346-0611 SECTION 00001 77802.00000\29477505.1 DOCUMENT 00010 TABLE OF CONTENTS CONTRACT FORMS Page No. SECTION 00500 CONTRACT SECTION 00610 SECTION 00620 SECTION 00630 COMPENSATION SECTION 00640 SECTION 00660 2 PERFORMANCE BOND 8 PAYMENT BOND 13 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' 16 LIST OF SUBCONTRACTOR FORM 17 SCHEDULE OF VALUES 18 CONDITIONS OF THE CONTRACT SECTION 00700 GENERAL CONDITIONS 23 TECHNICAL SPECIFICATIONS 1 PLANS AND DRAWINGS 1 TABLE OF CONTENTS SECTION 00010 -I- 77802.00000\29477505.1 SECTION 00500 CONTRACT CONTRACT THIS CONTRACT is made this day of , 20, in the County of Riverside, State of California, by and between the Palm Desert Housing Authority, hereinafter called Authority, and , hereinafter called Contractor. The Authority and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: CANDLEWOOD DECK IMPROVEMENTS HA-35180 The Contractor and its surety shall be liable to the Authority for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Authority's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 calendar days from the commencement date stated in the Notice to Proceed, hereinafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The Authority shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of [*"INSERT WRITTEN AMOUNT**]**] Dollars ($[**INSERT NUMERICAL AMOUNT**]), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions. ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the Authority will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Authority's actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Authority the sum of $250 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the SECTION 00500 CONTRACT - 2 - 77802.00000\29477505.1 SECTION 00500 CONTRACT event the Liquidated Damages are not paid, the Contractor agrees the Authority may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Authority's rights to other damages or remedies specified in the Contract Documents or allowed by law. Should Contractor be inexcusably delayed in the performance of the Work, Authority may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. Authority need not wait until Final Completion to withhold Liquidated Damages from Contractor. Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the Authority for delay, including but not limited to Toss of revenue, inconvenience to the Authority and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the Authority incurs on account of claims by third parties against the Authority on account of any delay. Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Authority. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following documents, each of which is incorporated into this Contract by reference: • Contract • Performance Bond • Payment Bond • Contractor's Certificate Regarding Workers' Compensation • List of Subcontractors Form • Schedule of Values • Environmental documents and approvals • General Conditions • Special Conditions • Technical Specifications (including Appendices) • Addenda • Plans and Drawings • Approved and fully executed change orders • Prevailing Wage Rates SECTION 00500 CONTRACT - 3 - 77802.00000\29477505.1 SECTION 00500 CONTRACT • Standard Specifications for Public Works Construction (Greenbook), 2012 Edition, except Sections 1-9 • Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project. If the Work involves federal funds, the Contractor and all its subcontractors shall comply with all requirements set forth in the attached Federal Requirements. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. ARTICLE 9. NOTIFICATION TO AUTHORITY. Contractor acknowledges that the Authority provides forty-eight (48) hours -notice to residents in advance of the start of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before beginning any such Work so that the Authority may provide timely notice to residents. The Authority shall be given at least 48 hours -notice prior to the creation of any condition affecting pedestrian paths of travel. Contractor shall continuously inform Authority of the progress of the Work or of any impacts of the Work upon residential units or facilities. ARTICLE 10. LOCAL LICENSES AND PERMITS. Unless the Contract Documents state otherwise, Contractor shall be responsible for securing City of Palm Desert business Iicense(s), building permits, and any other licenses or permits necessary to perform the Work. SECTION 00500 CONTRACT - 4 - 77802.00000\29477505.1 SECTION 00500 CONTRACT ARTICLE 11. LICENSING REQUIREMENTS. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the Authority shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the Authority shall reject the Bid. The Authority shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the Authority of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code Section 20103.5. ARTICLE 12. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS. Within ten days after the Notice to Proceed, the Contractor shall deliver to the Authority four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Authority and included in the Contract Documents. Failure to do so may, in the sole discretion of Authority, result in the termination of the Contract for cause. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of Califomia and satisfactory to the Authority. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Contract Price and shall be increased to reflect any changes in the Contract Price. ARTICLE 13. REQUIRED CONTRACT START-UP DOCUMENTS. Within ten (10) days after the Notice to Proceed and before performing any Work, the Contractor shall deliver to the Authority: (1) Project Schedule documents as required by Article 9 of the General Conditions, (2) a Schedule of Values as required by Article 52 of the General Conditions, (3) Insurance Certificates required by Article 50 of the General Conditions, (4) fully executed performance and payment bonds, and (4) any other document or information required to be submitted prior to the start of Work. Failure to do so may, in the sole discretion of Authority, result in the termination of the Contract for cause. SECTION 00500 CONTRACT - 5 - 77802.00000\29477505.1 SECTION 00500 CONTRACT IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. (NAME OF CONTRACTOR1 PALM DESERT HOUSING AUTHORITY By By Name and Title: Name and Title: License No. DIR Registration No. SECTION 00500 CONTRACT - 6 - 77802.00000\29477505.1 SECTION 00500 CONTRACT ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of ) On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in iis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the Derson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) (Corporate Seal) Surety By (Attach Attomey-in-Fact Certificate) Title END OF CONTRACT SECTION 00500 CONTRACT -7- Attomey-in-Fact 77802.00000\29477505.1 SECTION 00610 PERFORMANCE BOND PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as "Authority") has awarded to , (hereinafter referred to as the "Contractor") an agreement for (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Authority in the sum of DOLLARS, ($ ), said sum being not Tess than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Authority and City, their officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Authority's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, Califomia Code of Civil Procedure section 337.15. SECTION 00610 PERFORMANCE BOND - 8 - 77802.00000\29477505.1 SECTION 00610 PERFORMANCE BOND Whenever Contractor shall be, and is declared by the Authority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Authority to complete the Project in any manner consistent with local, Califomia and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Authority, when declaring the Contractor in default, notifies Surety of the Authority's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the Califomia Civil Code. SECTION 00610 PERFORMANCE BOND - 9 - 77802.00000\29477505.1 SECTION 00610 PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20_) . (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title Surety By Attorney -in -Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title The rate of premium on this bond is premium charges, $ (The above must be filled in by corporate attorney.) per thousand. The total amount of SECTION 00610 PERFORMANCE BOND - 1 0 - 77802.00000\29477505.1 SECTION 00610 PERFORMANCE BOND THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in Califomia, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California SECTION 00610 PERFORMANCE BOND - 11 - 77802.00000\29477505.1 SECTION 00610 PERFORMANCE BOND ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia county of On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in iis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VVITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. SECTION 00610 PERFORMANCE BOND - 12 - 77802.00000\29477505.1 SECTION 00620 PAYMENT BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the "Authority"), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the "Principal," a contract for the work described as follows: (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to fumish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the Authority in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be SECTION 00620 PAYMENT BOND - 13 - 77802.00000\29477505.1 SECTION 00620 PAYMENT BOND exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Authority and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the Califomia Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20. (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title Surety By Title Attorney -in -Fact Signatures of those signing for the Contractor and Surety must be notified and evidence of corporate authority attached. A Power-of-Attomey authorizing the person signing on behalf of the Surety to do so much be attached hereto. SECTION 00620 PAYMENT BOND - 14 - 77802.00000\29477505.1 SECTION 00620 PAYMENT BOND ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of ) On before me, (insert name and title of the officer) Personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in iis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the Person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Su A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 77802.00000\29477505.1 SECTION 00630 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Name of Bidder Signature Name Title Dated END OF CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION SECTION 00630 CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION - 16 - 77802.00000\29477505.1 Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Subcontractor's Name: License Number: Business Address: Telephone: Work Description: SECTION 00640 LIST OF SUBCONTRACTORS FORM LIST OF SUBCONTRACTORS FORM DIR Contractor Registration No. Percent of Work: DIR Contractor Registration No. Percent of Work: DIR Contractor Registration No. Percent of Work: END OF LIST OF SUBCONTRACTORS FORM SECTION 00640 LIST OF SUBCONTRACTORS FORM - 17 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS ARTICLE 1. SCOPE OF WORK The work to be done consists of fumishing all labor, materials , necessary tools and machinery, supervision, and all utility and transportation services required for the construction of the Candlewood deck improvements in accordance with the Plans and Specifications and other Provisions of the Contract. All work shall be done in accordance with 2013 California Building, Green Standards, Plumbing, Mechanical, Electrical, Energy, Fire Codes and all other local codes and ordinances. The scope of work is generally described as repairing and reconstructing the decks and railings at Candlewood Apartments. ARTICLE 2. PUBLIC CONVENIENCE The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public and the residents of Candlewood Apartments and shall have under construction no greater length or amount of work then can be prosecuted properly with due regard to the rights of the public and the residents of Candlewood Apartments. Contractor must obey Authority's directives. ARTICLE 3. LOCATION OF WORK Candlewood Apartments 74000 Shadow Mountain Drive Palm Desert, CA 92260 ARTICLE 4. DEFINITIONS a. Acceptable. Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the Authority . b. Act of God is an earthquake of magnitude 3.5 or higher on the Richter scale or a tidal wave. c. Applicable Laws means laws, statutes, ordinances, rules, codes, regulations permits and licenses of any kind, issued by local, state or federal govemmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. SECTION 00700 GENERAL CONDITIONS -22- 77802.0(XXX)\29477505. l SECTION 00700 GENERAL CONDITIONS d. Approval means written authorization by Engineer and/or Authority. e. Authority means the Palm Desert Housing Authority. f. City means the City of Palm Desert. g. Contract Documents includes all documents as stated in the Contract. h. Day shall mean calendar day unless otherwise specifically designated. i. Authority and Contractor are those stated in the Contract. The terms Authority and Owner may be used interchangeably. Engineer or Proiect Manager shall mean the Authority's Representative or his or her designee acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "Authority's Representative" or "Representative" in the Contract Documents. 1• k. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or Authority. Indicated, Shown, Detailed, Noted. Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or Authority is intended, unless stated otherwise. m. Install means the complete installation of any item, equipment or material. n. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be fumished in connection with the Contract. All materials shall be new unless specified otherwise. o. Perform shall mean that the Contractor, at Contractor's expense, shall take all actions necessary to complete The Work, including fumishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance. p• q. Proiect is the Work planned by Authority as provided in the Contract Documents. Provide shall include provide complete in place, that is fumish, install, test and make ready for use. SECTION 00700 GENERAL CONDITIONS - 23 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS r. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. The Contractor shall coordinate with the City of Palm Desert and comply with local waste disposal ordinances. s. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. In the case of conflict between the specifications and the Contract Documents, the Contract Documents shall prevail. t. The Work means the entire improvement planned by the Authority pursuant to the Contract Documents. u. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents. ARTICLE 5. CONTRACT DOCUMENTS a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Authority in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: 1. Change Orders or Work Change Directives, the most recent first 2. Addenda, the most recent first 3. Environmental documents and approvals 4. Permits 5. Federal Requirements 6. Special Provisions (or Special Conditions) 7. Technical Specifications 8. Plans (Contract Drawings) 9. Contract 10. General Conditions 11. Standard Specifications/Greenbook 12. Standard Plans 13. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: SECTION 00700 GENERAL CONDITIONS - 24 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS 1. Figures govem over scaled dimensions 2. Detail drawings govem over general drawings 3. Addenda or Change Order drawings govem over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade. ARTICLE 6. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE Contractor will be fumished, free of charge, 3 (three) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. ARTICLE 7. CONTRACTOR SHALL MAINTAIN A CLEAN, UNDAMAGED SET OF CONTRACT DOCUMENTS AT THE PROJECT SITE. DETAIL DRAWINGS AND INSTRUCTIONS a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Authority in writing of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. b. Request for Information; Additional Instructions. Contractor may make a written request for information to address any error, inconsistency, ambiguity, conflict or lack of detail or explanation in the Contract Documents. The Authority will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence SECTION 00700 GENERAL CONDITIONS - 25 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Authority such written Approval as may be necessary for the proper performance of Work. d. Contractor's Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, ordinances, rules and regulations, the Authority may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor's expense. ARTICLE 8. EXISTENCE OF UTILITIES AT THE WORK SITE a. Existing Utilities i. General — Known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the Authority to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. ii. The Authority will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the Authority in the Contract Documents or cannot reasonably be inferred from the presence of other visible facilities. iii. The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1-800-227- 2600. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not. iv. The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated. It shall be the responsibility of the Contractor to coordinate all phases of construction with the various utility companies involved. SECTION 00700 GENERAL CONDITIONS - 26 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS 1. The Gas Company Protection of existing facilities by Contractor. 1981 West Lugonia Avenue Redlands, CA 92374 Contact: Tom Chesnut Tel: (909) 335-7994 Fax: (909) 335-7527 tchesnut@semprautilities.com 2. Southern Califomia Edison Company (SCE) Protection of existing facilities by Contractor. Adjustment or relocation of facilities as shown on the plans by SCE. 36-100 Cathedral Canyon Drive Cathedral City, CA 92234 Contact: Jeffery Goad Tel: (760) 202-4221 Fax: (760) 202-4294 Jeffrey.goad@sce.com 3. Verizon Protection of existing facilities by Contractor. Adjustment or relocation of facilities as shown on the plans by Verizon. 295 N. Sunrise Way Palm Springs, CA 92262 Contact: Larry Moore Tel: 760-778-3603 Fax: 760-325-2536 4. Coachella Valley Water District Protection of existing facilities. Adjustment or relocation of facilities by the Contractor. P.O. Box 1058 Coachella, CA 92236 Contact: Tyler Hull Tel: 760-398-2651 Fax: 760-398-3711 thull@cvwd.org 5. Time-Wamer Cable Protection of existing facilities by Contractor. Adjustment or relocation of facilities as shown on the plans by Time Wamer 83473 Avenue 45 Indio, CA 92201-7333 SECTION 00700 GENERAL CONDITIONS - 27 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS Contact: Placido Lopez Tel: 760-674-2469 Fax: 760-674-5547 Placido.Lopez@twcable.com b. Utility Location i. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor's operations. The Contractor shall not be entitled to additional compensation or time extensions for work necessary to avoid interferences or for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section. ii. The locating of utilities shall be in conformance with Govemment Code section 4216 except for the Authority's utilities located on the Authority's property and not in public right-of-way. iii. A "High Priority Subsurface Installation" is defined in section 4216 (e) as "high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high - voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged." iv. A "Subsurface Installation" is defined in section 4216 (I) as "any underground pipeline, conduit, duct, wire, or other structure, except non - pressurized sewer lines, non -pressurized storm drains, or other non - pressurized drain lines." v. Pursuant to Government Code section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than fourteen (14) Days before performing any excavation. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Authority written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. SECTION 00700 GENERAL CONDITIONS - 28 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS vi. After the utility survey is completed, the Contractor shall commence "potholing" or hand digging to determine the actual location of the pipe, duct, or conduit. The Authority shall be given written notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved. vii. The Contractor's attention is directed to the requirements of Government Code section 4216.2 (a)(2) which provides: 'When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.2. The excavator and the operator or its representative shall conduct an onsite meeting at a mutually -agreed -on time to determine actions or activities required to verify the location of the high priority subsurface installation prior to start time." The Contractor shall notify the Authority in advance of this meeting. c. Utility Relocation and Repair i. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, Contractor shall notify the Authority in writing. ii. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, Contractor shall call 911 emergency services. iii. Authority will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in ARTICLE 56 (Changes and Extra Work). The Contractor shall not be assessed liquidated damages for delay in completion of the Project when SECTION 00700 GENERAL CONDITIONS - 29 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS such delay is caused by the failure of the Authority or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with ARTICLE 56. iv. The public utility, where they are the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the Authority and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. v. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the Authority will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract. vi. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs for such work. ARTICLE 9. SCHEDULE a. General Requirements. The schedule shall be prepared in a Critical Path Method ("CPM") format and in an electronic scheduling program acceptable to the Authority. Contractor shall deliver the schedule and all updates to the Authority in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable. b. Initial Schedule. Within ten (10) days after the issuance of the Notice to Proceed, Contractor shall prepare a schedule for the performance of the Work and shall submit this to the Authority for Approval. The receipt or Approval of any schedules by the Authority or the Authority shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor's failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse SECTION 00700 GENERAL CONDITIONS -30- 77802.00000\29477505. I SECTION 00700 GENERAL CONDITIONS the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Authority. c. Schedule Contents. The schedule shall allow enough time for inclement weather that can reasonably be expected at the Site. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and "float time" for all "slack" or "gaps" in the non -critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor's judgment are needed to complete the Project within the Contract Time. Schedule duration shall match the Contract Time. Schedules indicating early completion will be rejected. d. Schedule Updates. Contractor shall continuously update its construction schedule to show the actual status of the Work and incorporate changes in the Work. Contractor shall submit an updated and accurate construction schedule to the Authority whenever requested to do so by Authority and with each progress payment request. The Authority may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. ARTICLE 10. SUBSTITUTIONS a. Pursuant to Public Contract Code Section 3400(b) the Authority may make a finding that certain products, things, or services by specific brand or trade name. b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the Authority may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit written requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this SECTION 00700 GENERAL CONDITIONS -31 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The Authority has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. d. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and Iifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Authority in a timely fashion will result in the rejection of the proposed substitution. e. The Contractor shall bear all of the Authority's costs associated with the review of substitution requests. f. The Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. ARTICLE 11. SHOP DRAWINGS a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, three (3) hard copies and one electronic copy of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Authority. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall make any corrections required by the Authority, and file with the Authority three (3) hard copies and one electronic copy each, and furnish such SECTION 00700 GENERAL CONDITIONS - 32 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS other copies as may be needed for completion of the Work. Authority's approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Authority's attention to such deviations at time of submission and has secured the Authority's written Approval. Authority's Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings. ARTICLE 12. SUBMITTALS a. Contractor shall fumish to the Authority for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract. b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Authority, to the Authority within a reasonable time period to provide for adequate review and avoid delays in the Work. c. These requirements shall not authorize any extension of time for performance of this Contract. Authority will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals. d. Contractor shall not be entitled to any extension of the Contract Time on account of the requirements of ARTICLE 9. ARTICLE 13. MATERIALS a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within the Contract Time. b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. SECTION 00700 GENERAL CONDITIONS - 33 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the Authority free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the Authority or any independent contractor. ARTICLE 14. CONTRACTOR'S SUPERVISION Contractor shall continuously keep at the Project site, a competent and experienced full- time Project superintendent approved by the Authority. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project. ARTICLE 15. WORKERS a. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors. Contractor shall not employ or allow subcontractors to employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. b. Any person in the employ of the Contractor whom the Authority may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the Authority. ARTICLE 16. SUBCONTRACTORS a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor's portion of The Work. Contractor shall be as fully responsible to the Authority for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the Authority. b. In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor SECTION 00700 GENERAL CONDITIONS - 34 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Authority. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. c. The Authority reserves the right to Approve all subcontractors. The Authority's Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. ARTICLE 17. VERIFICATION OF EMPLOYMENT ELIGIBILITY By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub - subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the Authority to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub - subcontractors or consultants to meet any of the requirements provided for in this ARTICLE 14; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 18. PERMITS AND LICENSES Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and permits for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the Authority. b. The Contractor shall arrange and pay for all off -site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by goveming authorities, except for such off -site inspections delineated as the Authority's responsibility pursuant to the Contract Documents. SECTION 00700 GENERAL CONDITIONS - 35 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the Authority. ARTICLE 19. UTILITY USAGE a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems. b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project, including but not limited to startup and testing required in the Contract Documents. c. All permanent meters Installed shall be listed in the Contractor's name until Project Acceptance. d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the Authority, use the Authority's existing utilities. If Contractor uses Authority utilities, it shall compensate the Authority for utilities used by Contractor. ARTICLE 20. INSPECTION FEES FOR PERMANENT UTILITIES All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the Authority. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the Authority. Contractor may either request reimbursement from the Authority for such fees, or shall be responsible for arranging and coordination with Authority for the payment of such fees. ARTICLE 21. TRAFFIC CONTROL A minimum of one (1) 12-foot (12') travel lane in each direction shall be maintained at all times on residential, collector and arterial streets during construction. No reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior approval from the City Engineer is obtained. All roadway signs, delineators, channelizers, cones and barricades shall be in "like new" condition. All roadway signs used for nighttime traffic control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III. SECTION 00700 GENERAL CONDITIONS - 36 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS The Contractor is required to setup necessary traffic control in compliance with the latest editions of the City Standard Drawings, State Standard Plans, CAMUTCD, and WATCH manual for reduction of travel way on any street. When required by the City Engineer or when construction activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the previously referenced standard drawings, plans and manuals, then the Contractor shall be required to submit project traffic control plans for review and approval by the City. When traffic control plans are included within the project plan set the Contractor shall adhere to the traffic control setup as detailed on the plans. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Public Works Inspector. If the Contractor proposes sufficient changes to the traffic control then the Contractor shall submit altemate traffic control plans for review and approval by the City. The altemate traffic control plans shall be prepared by a registered engineer and be of the same detail as the original project traffic control plans. A minimum of a four -foot (4') wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under construction in the sidewalk areas must be maintained free of hazardous conditions. The immediate construction area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to driveways shall be maintained from at least one end of the project at all times. All traffic lanes and detours must continually be maintained to prevent the development of potholes and provide smooth, dust -free and mud -free traffic. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water or other means, as necessary, during and after the construction hours, including such nonworking days as Saturdays, Sundays and holidays. The Contractor shall notify residents and businesses of restricted access forty-eight (48) hours in advance of construction activities. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance waming signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the Authority or the City Engineer, shall be considered as included in the Mobilization and Traffic Control Item, or included in the lump sum price paid for various contract items of work, and no additional compensation will be made therefore. SECTION 00700 GENERAL CONDITIONS - 37 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS ARTICLE 22. TRENCHES a. Trenches Five Feet or More in Depth. The Contractor shall submit to the Authority, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose a tort liability on the owner, any of its officers, officials, partners, employees, agents, consultants or volunteers. The Owner's review of the Contractor's excavation plan is only for general conformance to the Construction Safety Orders and does not relieve the Contractor of any obligation hereunder. Prior to commencing any excavation, the Contractor shall designate in writing to the Authority the "competent person(s)" with authority and responsibilities designated in the Construction Safety Orders. b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the Authority, in writing, of any: 1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2) Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids. 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The Authority shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents. SECTION 00700 GENERAL CONDITIONS - 38 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS In the event that a dispute arises between the Authority and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 23. DIVERSION OF RECYCLABLE WASTE MATERIALS In compliance with the applicable Authority's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Authority or other applicable agencies to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. The Contractor shall coordinate with the City of Palm Desert and comply with local waste disposal ordinances. ARTICLE 24. REMOVAL OF HAZARDOUS MATERIALS Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials (as defined in section 25117 of the Health and Safety Code) which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the Authority in writing. The Authority may contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), or may require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the Authority and Contractor. ARTICLE 25. WATER The Contractor shall make arrangements with the Authority to obtain water from designated points of service at or near the project for use in dust control and soil compaction. Water shall not be taken from any commercial or other residential systems without the express written consent of the owner. The cost to fumish and apply water shall be included in the contract prices paid for the various items of work and no additional payment will be allowed therefor. SECTION 00700 GENERAL CONDITIONS - 39 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS ARTICLE 26. SANITARY FACILITIES Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL -OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL -OSHA shall be the responsibility of the Contractor. ARTICLE 27. DUST AND AIR POLLUTION CONTROL The Contractor shall comply with Section 7-8.2, "Air Pollution Control," of the Standard Specifications. The Contractor must comply with the PALM DESERT HOUSING AUTHORITY's Municipal Code, Chapter 8.20, "Public Nuisances" Chapter 27.12.067, and PALM DESERT HOUSING AUTHORITY Ordinance 294. Contractor must also comply with Chapter 24.12 "Fugitive Dust (PM10) Control" of City of Palm Desert Municipal Code. Dust generated by traffic, Contractor's operations, or wind are all included in the definition of "dust." In order to reduce PM10 emissions to the maximum extent feasible, the Contractor shall: • Moisten soil not more than fifteen (15) minutes prior to moving soil and three (3) times a day, or four (4) times a day under windy conditions, in order to maintain soil moisture of twelve (12) percent. • On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for four (4) or more days, apply water with a chemical stabilizer diluted to not Tess than 1/20 of the concentration required to maintain a stabilized surface for a period of six months. • Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five (5) days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface for six months. • Water debris or soil piles hourly or cover with temporary coverings. • Water exposed surfaces not undergoing active grading at least twice a day under calm conditions, and as often as needed on windy or extremely dry days. SECTION 00700 GENERAL CONDITIONS - 40 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS • Wash mud -covered tires and under -carriages of trucks leaving constructions sites. • Provide for street sweeping, as needed, to remove dirt from roadways left behind by vehicles leaving the project site. • Cease grading, cleaning, earthmoving, or excavation operations during periods when winds exceed 25 miles per hour. The Contractor shall maintain contact with a meteorologist for current information about average wind speeds. The Contractor will be responsible for watering the work area where dust is generated from public traffic, Contractor's operations, and wind. Contractor's area of operations includes areas outside of the roadbed limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above - described areas in the project area during the life of the project, including holidays and weekends. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Payment for maintaining dust control and air contaminates within the project area shall be included in the contract prices paid for related items of work, and no additional compensation will be allowed therefore.. ARTICLE 28. COMPLIANCE WITH STATE STORM WATER PERMIT a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board ("State Water Board") Water Quality Order No. 2009- 00009-DWQ as modified by Order No. 2010-0014-DWQ, National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Discharges Associated with Construction Activity ("Permit") for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan ("SWPPP") prior to initiating Work. In bidding on this Contract, it shall be Contractor's responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount. SECTION 00700 GENERAL CONDITIONS -41 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Authority. c. Contractor shall comply with the lawful requirements of any applicable municipality, the Authority, drainage Authority, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by entering this Contract, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Contract price accordingly, and assumes any and all risks and liabilities arising therefrom. e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless Authority, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which Authority, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the Authority, its officials, officers, agents, employees or authorized volunteers. Authority may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor's failure to comply with the Permit. ARTICLE 29. PROTECTION AND PRESERVATION OF EXISTING FACILITIES This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other construction areas, their modification, reconstruction, or replacement and their demolition and removal, as specified, shown or required. Types of existing improvements and services consist of but are not limited to existing roads, sidewalk, landscaping, irrigation, signs, ditches and associated structures; private residences, landscaping, irrigation, water appurtenances, and telephone lines, buried communications cable, buried water pipe, buried gas pipes, buried sewer pipe; walls, fences and gates. To the best extent possible, the locations of such facilities are shown. Facilities other than those shown may exist and Contractor shall at all times, exercise care to avoid physical damage to or disruption in the service of existing facilities. Existing improvements visible at the job site, for which no specific disposition SECTION 00700 GENERAL CONDITIONS - 42 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS is made on the Plans, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Plans, shall be removed and disposed of by the Contractor. Where underground main distribution conduits such as water, gas, sewer, electric, telephone or cable television are shown on the Plans, the Contractor, for the purpose of preparing a bid, shall assume that every adjacent property will be served by a service connection for each type of utility. Damage caused by Contractor's operations to facilities that are shown or otherwise indicated to Contractor by Authority shall be repaired or replaced by and at the expense of Contractor. When existing sidewalk is removed, entire panels shall be removed and replaced. No new joints will be allowed. The Contractor shall take all precautions to protect all existing improvements unless otherwise noted. Contractor shall remove, modify and reconstruct all walls, fences, gates, and enclosures as necessary for construction. The relocation and reconstruction of such structures shall in general be performed at or adjacent to the limits of the rights -of -way unless directed otherwise. Contractor shall make all necessary modifications, relocations and reconstruction of structures such as culverts, drainage facilities and the like as necessary for construction of works described in these specifications. Existing residential properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired to the satisfaction of the residents within forty-eight (48) hours of report of the damage. Private equipment adjacent to private residences and businesses that must be disturbed in order to install the project work must be protected and restored to operating condition in its new location within twenty-four (24) hours. The equipment may be located in a new place only if acceptable to the private homeowner. If damage is caused by the Contractor's operation, the Contractor shall, at his expense, repair or replace the damaged facilities promptly in accordance with the Standard Specifications and as directed by the Authority. The cost for this work shall be included in the unit prices bid for the various contract items, and no additional compensation will be allowed therefor ARTICLE 30. CLEANING UP a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall SECTION 00700 GENERAL CONDITIONS -43- 77802.0000XA29477505.1 SECTION 00700 GENERAL CONDITIONS clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. All debris must be removed before the end of the day unless otherwise directed by Authority or Authority's agent. b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the Authority may do so and the cost of such clean up shall be charged back to the Contractor. ARTICLE 31. LAYOUT AND FIELD ENGINEERING All field engineering required for laying out The Work and establishing grades for earthwork operations shall be fumished by the Contractor at its expense. Layout shall be done by a qualified individual approved by the Authority. Any required "as -built" drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer. ARTICLE 32. EXCESSIVE NOISE a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL -OSHA. b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. SECTION 00700 GENERAL CONDITIONS -44- 77802.(X)000\29477505.1 SECTION 00700 GENERAL CONDITIONS c. Unless otherwise approved by the Authority, the Contractor shall not perform construction operations or maintenance of equipment outside the following Hours of Operation pursuant to City of Palm Desert Ordinance: May 1 through September 30 Weekdays (MTWTF): Weekends (Saturday): Weekends (Sunday): Holidays (Observed by City): October 1 through April 30 Weekdays (MTWTF): Weekends (Saturday): Weekends (Sunday): Holidays (Observed by City): 6:00 AM to 7:00 PM 8:00 AM to 5:00 PM No Work No Work 7:00 AM to 5:30 PM 8:00 AM to 5:00 PM No Work No Work Work performed at the Palm Desert Housing Authority properties may not begin until 8:00 A.M., including the operation of power tools. d. The Contractor shall comply with all the environmental provisions contained in the Contract Documents. ARTICLE 33. TESTS AND INSPECTIONS a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Authority at least two (2) working days' notice of its readiness for observation or inspection. If inspection is by a public authority other than the Authority, Contractor shall promptly inform the Authority of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for Authority testing and Authority inspection shall be paid by the Authority. Costs of tests for Work found not to be in compliance with the Contract Documents or Applicable Law shall be paid by the Contractor. b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor's cost in compliance with the Contract Documents, at the Contractor's cost. c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be SECTION 00700 GENERAL CONDITIONS - 45 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS selected by such laboratory or agency, or by the Authority, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the Authority so that the Authority may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of Authority, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by the Authority. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the Authority shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. ARTICLE 34. SURPLUS MATERIALS All excavated material not suitable for stockpiling which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or other deleterious material shall become the property of the Contractor. Material shall be disposed of at a legally acceptable disposal site fumished by the Contractor and shall be considered as included in the lump sum bid for clearing and grubbing and no additional compensation will be made therefor. ARTICLE 35. INSPECTION OF THE WORK The Contractor shall notify the Authority or its designee, forty-eight (48) hours in advance of the start of work. There will be inspection of this project to ensure strict adherence to the plans and specifications. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the Authority. ARTICLE 36. RESPONSIBILITY FOR JOB SITE CONDITIONS Contractor acknowledges responsibility for jobsite safety and acknowledges that the Authority will not have any such responsibility. To the fullest extent permitted by law the SECTION 00700 GENERAL CONDITIONS - 46 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS Contractor shall indemnify, defend and hold harmless the City, Authority, their subsidiary entities, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by the Contractor, its Subcontractors, or their agents and employees, which results in damage to persons or property including wrongful death, regardless of whether or not such claim, damage, Toss or expense is caused in whole or in part by the negligence, active or passive, of the Authority, their subsidiary entities, as well as their agents and employees, excepting only the sole negligence of the Authority, their subsidiary entities and their agents and employees. All work shall be performed in accordance with applicable Health and Safety laws and standards including all requirements of the State of Califomia Division of Industrial Safety. Contractor agrees that, in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this project including safety of all persons and property, that this requirement shall be made to apply continuously and not be limited to normal working hours, and Contractor further agrees to defend, indemnify and hold design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this project. ARTICLE 37. PROTECTION OF RESIDENTS AND THE PUBLIC The Contractor shall take all necessary precautions to protect the residents and guests of Las Serenas Apartments, as well as the public, especially children, from the hazards of open excavations. Trenches, slopes, and excavations requiring shoring shall either be covered or adequately fenced at night and on weekends or whenever operations are not actually in progress. Unusual conditions may arise on the project, which will require that immediate and special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. Whenever, in the opinion of the Authority, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be SECTION 00700 GENERAL CONDITIONS - 47 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the Authority may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the Authority, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Authority's Representative, then said costs and expense will be paid by the Authority and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the Authority to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. Materials and equipment shall be stored so as to not create a public nuisance and to insure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent or with prior written approval of the Authority. The Contractor is responsible to design, construct and maintain all safety devices and be responsible for conforming to all local, state and federal safety and health standard, laws and regulation. The Authority shall not be responsible to enforce safety measures or regulations. If applicable, the Contractor shall use proper safety signing and barricading as required per Caltrans Traffic Manual and the WATCH manual ARTICLE 38. PROTECTION OF WORK AND PROPERTY a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the Authority. All Work shall be solely at the Contractor's risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is SECTION 00700 GENERAL CONDITIONS - 48 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS hereby permitted to act to prevent such threatened Toss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the Authority. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the Authority and the Contractor in accordance with ARTICLE 56. c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall: 1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved. 3) Deliver materials to the Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the Authority shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor. 5) Confine Contractor's apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Authority. Contractor shall not unreasonably encumber the Project site with its materials. 6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or comers. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the Authority. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the Authority. 8) Preserve and protect from injury all buildings, pole lines and all direction, SECTION 00700 GENERAL CONDITIONS - 49 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition. 10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. e. Should damage to persons or property occur as a result of The Work, Contractor shall promptly notify the Authority, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The Authority shall be entitled to inspect and copy any such documentation, video, or photographs. ARTICLE 39. CONTRACTOR'S MEANS AND METHODS Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor's means and methods deviate from commonly used industry standards. ARTICLE 40. AUTHORIZED REPRESENTATIVES The Authority shall designate representatives, who shall have the right to be present at the Project site at all times. The Authority may designate an inspector who shall have the right to observe all of the Contractor's Work. The inspector is not authorized to make changes in the Contract Documents or excuse Contractor from performing in accordance with the Contract Documents. The inspector shall not be responsible for the Contractor's failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access. ARTICLE 41. HOURS OF WORK a. Eight (8) hours of work shall constitute a legal day's work. The Contractor and each subcontractor shall forfeit, as penalty to the Authority, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any SECTION 00700 GENERAL CONDITIONS - 50 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on Authority - observed holidays, unless otherwise approved by the Authority: 1) Powered Vehicles 2) Construction Equipment 3) Loading and Unloading Vehicles 4) Domestic Power Tool. ARTICLE 42. PAYROLL RECORDS a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the Authority. The Contractor shall also provide the following: 1) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations ("DIR"). c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE. SECTION 00700 GENERAL CONDITIONS -51 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the Authority, forfeit One Hundred Dollars ($100.00) for each Day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments. ARTICLE 43. PREVAILING RATES OF WAGES a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the Authority, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. b. The Contractor and each subcontractor shall forfeit as a penalty to the Authority not more than Two Hundred dollars ($200.00) for each Day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each Day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. SECTION 00700 GENERAL CONDITIONS - 52 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually eamed. ARTICLE 44. EMPLOYMENT OF APPRENTICES The Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code conceming employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, Califomia, or from the Division of Apprenticeship Standards and its branch offices. ARTICLE 45. LABOR COMPLIANCE This Project is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid. Contractor shall post, at each job site, the notice required by Section 16451(d) of Title 8 of the Califomia Code of Regulations. Template notices are available by emailing a request to CMU@dir.ca.gov or at the following location. Authority Office of the Division of Labor Standards Enforcement 1515 Clay Street, Suite 801 Oakland, CA 94612 In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement. ARTICLE 46. CONTRACTOR AND SUBCONTRACTOR REGISTRATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to enter into a contract to perform public work must be registered with the Department of Industrial Relations. No contract will be entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. SECTION 00700 GENERAL CONDITIONS - 53 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS ARTICLE 47. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY/EMPLOYMENT ELIGIBILITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Work. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Employment Eligibility: Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the Authority or its representatives for inspection and copy at any time during normal business hours. The Authority shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for or referred to herein. Employment Eligibility; Subcontractors, Sub -subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub -subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein. Employment Eligibility: Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the Authority to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; SECTION 00700 GENERAL CONDITIONS -54- 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 48. LABOR/EMPLOYMENT SAFETY The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and Califomia Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. Contractor certifies that it is aware of and has complied with the provisions of Califomia Labor Code section 6401.7, which requires every employer to adopt a written injury and illness prevention program. ARTICLE 49. RESIDENTIAL WORK Contractor acknowledges that the Authority provides forty-eight (48) hours -notice in advance of the start of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before beginning any such Work so that the Authority may provide timely notice to residents. Contractor shall maintain pedestrian paths of travel free of obstructions and hazardous conditions, except where the condition is necessary for completion of the Work. To the extent any portion of the Work requires obstructing pedestrian paths of travel, the Work shall be performed so as to minimize the extent of the obstruction. Where Contractor's operations may create hazardous conditions to pedestrian paths of travel, appropriate signing and barricades shall be installed to safely route pedestrians around the impacted area. The Authority shall be given at least 48 hours -notice prior to the creation of any condition affecting pedestrian paths of travel. Authority may issue an immediate order to Contractor to stop performing work until adequate notice may be provided to residents. Any stoppage, suspension, or delay in the Work resulting from Contractor's failure to provide adequate notice to Authority shall not be a basis for any adjustment to the Contract Price or the Contract Time. ARTICLE 50. INSURANCE SPECIFICATIONS Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the Palm Desert Housing Authority that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Authority that the subcontractor has secured all insurance required under this section. Without limiting Contractor's indemnification of the City of Palm Desert and Palm Desert Housing Authority, and prior to commencement of Work, Contractor shall obtain, SECTION 00700 GENERAL CONDITIONS - 55 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the Authority. General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $4,000,000 completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. Automobile Liability Insurance: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or Excess Liability Insurance: Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of SECTION 00700 GENERAL CONDITIONS - 56 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS the State of Califomia, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to the Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Palm Desert Housing Authority, the City of Palm Desert, and their officers, agents, employees and volunteers. Builder's Risk Insurance: Upon commencement of construction and with approval of Authority, Contractor shall obtain and maintain builder's risk insurance as specified below. The named insureds shall be Contractor, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, the Palm Desert Housing Authority, the City of Palm Desert, and their officers, officials, employees, and agents. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to the Authority. Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing Toss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub -limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the Authority to ensure adequacy of terms and sublimits. Other provisions or requirements Insurance for Subcontractors: All Subcontractor's shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Palm Desert Housing Authority and the City of Palm Desert as Additional Insureds to the Subcontractor's policies. Contractor shall provide to the Authority satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Contractor shall provide certificates of insurance to the Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be SECTION 00700 GENERAL CONDITIONS - 57 - 77802.00000\29477505. I SECTION 00700 GENERAL CONDITIONS signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with the Authoirty at all times during the term of this contract. The Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The Palm Desert Housing Authority and the City of Palm Desert and their officers, officials, employees, and agents shall continue as additional insureds under such policies. Authority's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by Contractor, or Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Authority may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of Califomia, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Palm Desert Housing Authority, the City of Palm Desert, and their elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Palm Desert Housing Authority and the City of Palm Desert, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions (Non Estoppell: Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority or City, nor does it waive any rights hereunder. SECTION 00700 GENERAL CONDITIONS - 58 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS Primary and Non -Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to the Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General Liability & Automobile Liability policies shall provide or be endorsed to provide that the Palm Desert Housing Authority, the City of Palm Desert, and their officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. Authority's Right to Revise Requirements: The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a thirty (30)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor's compensation. Self -Insured Retentions: Any self -insured retentions must be declared to and approved by the Authority. Authority reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the Authority. Timely Notice of Claims: Contractor shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to SECTION 00700 GENERAL CONDITIONS - 59 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. Additional Insurance: Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. ARTICLE 51. TIME FOR COMPLETION AND LIQUIDATED DAMAGES a. Time for Completion/Liquidated Damages. The Contract Time shall commence on the date stated in the Authority's Notice to Proceed, or if no date is stated then on the date of the Notice to Proceed. Contractor shall complete all Work within the Contract Time. The Authority is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the Authority's receipt or acceptance of the Contractor's proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the Authority (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed within the Contract Time, it is understood that the Authority will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the Authority as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. b. Inclement Weather. Contractor shall abide the Authority's determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the then -current Project schedule. c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying SECTION 00700 GENERAL CONDITIONS - 60 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS any such delay notify the Authority in writing of causes of delay. The Authority shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the critical path for completion of the Project beyond the Contract completion date. d. No Damages for Reasonable Delay. The Authority's liability to Contractor for delays for which the Authority is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the Authority be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable Authority delay, including delays caused by items that are the responsibility of the Authority pursuant to Govemment Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. ARTICLE 52. COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall fumish on forms Approved by the Authority: a. Within ten (10) Days of award of the Contract a detailed Schedule of Values giving a complete breakdown of the Contract Price. The Schedule of Values shall be adjusted as directed by the Authority; b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the Authority to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month. c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Schedule of Values. d. Following the Authority's Acceptance of the Work, the Contractor shall submit to the Authority a written statement of the final quantities of unit price items for inclusion in the final payment request. e. The Authority shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. SECTION 00700 GENERAL CONDITIONS -61 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. ARTICLE 53. MOBILIZATION a. When an item is included in the Schedule of Values for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific item will be included in the progress estimate ("Initial Mobilization"). Costs for Initial Mobilization shall not exceed ten percent (10%) of the total Contract Price. When no item is provided for "Initial Mobilization," payment for such costs will be deemed to be included in the other items of The Work. b. Payment for Initial Mobilization shall be based on the lump sum provided in the Schedule of Values, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Authority. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project site of all Contractor's plant and equipment required for first month's operations. 3. Installing temporary construction power, wiring, and lighting facilities. 4. Establishing fire protection system. 5. Developing and installing a construction water supply. 6. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified fumishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine. 7. Providing on -site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines. 8. Providing on -site sanitary facilities and potable water facilities as specified per Cal -OSHA and these Contract Documents. 9. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer's specified storage requirements, and the specific provisions SECTION 00700 GENERAL CONDITIONS - 62 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 10. Arranging for and erection of Contractor's work and storage yard. 11. Posting all OSHA required notices and establishment of safety programs per Cal -OSHA. 12. Full-time presence of Contractor's superintendent at the job site as required herein. 13. Submittal of Construction Schedule as required by the Contract Documents. ARTICLE 54. PAYMENTS a. The Authority shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Unless the Authority has made findings pursuant to Public Contract Code section 7201, Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. Authority will, within thirty (30) days after receipt of an undisputed and properly submitted application for payment, pay the Contractor the amount so approved. b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment. c. Unless otherwise required by law or unless the Authority has made findings pursuant to Public Contract Code section 7201, the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion, except that Authority may continue to withhold amounts as allowed by law, including but not limited to amounts withheld pursuant to Public Contract Code section 7107. d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the Authority arising from this Contract. e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents. f. The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, SECTION 00700 GENERAL CONDITIONS - 63 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by Califomia Civil Code Section 8132, 8132, 8136 and 8138. Prior to final payment by the Authority, the Contractor shall submit a final conditional waiver of lien for the Contractor's work, together with unconditional releases of lien from any subcontractor or materialmen. ARTICLE 55. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the Authority may retain under other provisions of the Contract Documents the Authority may withhold payments due to Contractor as the Authority may consider to be necessary to cover: a. Stop Notice Claims. b. Defective work not remedied. c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid. e. Damage to another contractor or third party. f. Amounts which may be due the Authority for claims against Contractor. g. Failure of Contractor to keep the record ("as -built") drawings up to date. h. Failure to provide updates on the construction schedule. i. Site cleanup. j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages. I. Legally permitted penalties. m. Any other amounts for which withholding payment is allowed by law or this Contract. Upon completion of the Contract, the Authority will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents. SECTION 00700 GENERAL CONDITIONS - 64 - 77802.00000\29477505.I SECTION 00700 GENERAL CONDITIONS ARTICLE 56. CHANGES AND EXTRA WORK a. Change Order Work. 1) The Authority, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract Price and Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) Contractor shall promptly execute changes in the Work as directed in writing by the Authority even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing prior to final payment. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the Authority, unless the Authority requests that proposals be submitted in less than seven (7) Days. If the costs are not capable of being determined within seven (7) Days, then Contractor shall submit a cost proposal within two (2) Days of when the costs are capable of being determined. If the change includes an adjustment to the Contract Time, then the cost proposal must include the proposed additional Days. Failure to timely submit a cost proposal shall constitute a waiver of Contractor's right to an adiustment to the Contract Time or the Contract Price or to submit a claim or pursue anv other legal remedy. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract SECTION 00700 GENERAL CONDITIONS - 65 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. The written notice shall include a cost proposal. If the costs are not capable of being determined within seven (7) Days, then the written notice shall so indicate and Contractor shall submit a written cost proposal within two (2) Days of when the costs are capable of being determined. If the change includes an adjustment to the Contract Time, then the cost proposal must include the proposed additional Days. Failure to timely submit written notice and a cost proposal shall constitute a waiver of Contractor's right to an adjustment to the Contract Time or the Contract Price or to submit a claim or pursue any other legal remedy. 5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the Authority. 6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the Authority, including but not limited to estimates and quotations from subcontractors or material suppliers, as Authority may reasonably request. Supporting documentation shall be submitted concurrently with all cost proposals. If not available at the time of the cost proposal, it should be submitted within two (2) Days of when it becomes available. If Authority requests additional supporting documentation, Contractor shall provide the documentation within seven (7) Days or the time requested by Authority. Failure to provide adequate supporting documentation shall constitute a waiver of Contractor's right to an adjustment to the Contract Time or the Contract Price or to submit a claim or pursue any other legal remedy. 7) If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the Authority has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/ or Contract Time in accordance with the Authority's estimate. If the change is issued based on the Authority estimate, the Contractor shall waive its right to dispute the action unless within fifteen (151 Days following completion of the added/deleted work. the Contractor presents written proof that the Authority's estimate was in error. 8) A copy of all written notices, cost proposals, supporting documentation, proof and other submittals required by this Article shall be submitted electronically to Authority. If Contractor has documentation supporting any right to an adjustment to the Contract Price or the Contract Time and does not properly submit such documentation to Authority, Contractor shall be SECTION 00700 GENERAL CONDITIONS - 66 - 77802.00000 V29477505.1 SECTION 00700 GENERAL CONDITIONS deemed to have waived the right to use the documentation in support of any claim or in any resulting legal action. Determination of any action resulting from a change in the Contract Price or Contract Time shall be based upon the information and documentation made available by Contractor to Authority within the times stated in this Article. 9) Estimates for lump sum quotations and accounting for cost -plus - percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Authority shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. Costs for the use of small tools, tools which have a replacement value of $1,000 or less shall be considered included in the markups described below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: "Net Cost" is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and SECTION 00700 GENERAL CONDITIONS - 67 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS subcontractors at cost only, without mark-up. Contractor shall provide Authority with documentation of the costs, including but not limited to payroll records, invoices and such other information as Authority may reasonably request. ii. For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the subcontractor's Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor's Net Cost. iv. For Work performed by a sub -subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the sub -subcontractor's Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor. iv. No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by Authority exceed twenty-five (25%) percent of the Net Cost as defined herein, of the party that performs the Work. 10) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on -Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties; insurance and bond premiums. SECTION 00700 GENERAL CONDITIONS - 68 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS 11) For added or deducted Work by subcontractors, the Contractor shall fumish to the Authority the subcontractor's signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub - subcontractors. 12) For added or deducted work furnished by a vendor or supplier, the Contractor shall fumish to the Authority a detailed record of the cost to the Contractor, signed by such vendor or supplier. 13) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 14) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor shall not change or modify the Authority's change order form in an attempt to reserve additional rights. 15) If the Authority disagrees with the proposal submitted by Contractor, it will notify the Contractor and the Authority will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the Authority, a change order will be issued by the Authority. If no agreement can be reached, the Authority shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the Authority within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order, and providing such supporting documentation for its position as the Authority may require. 16) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. SECTION 00700 GENERAL CONDITIONS - 69 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS 17) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties. ARTICLE 57. OCCUPANCY The Authority reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. ARTICLE 58. INDEMNIFICATION Contractor shall defend (with counsel of Authority's choosing), indemnify and hold Authority and City, their officials, officers, agents, employees and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor's own cost, expense and risk, with counsel of Authority's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Authority, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Authority or City, their officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse Authority, its officials, officers, agents, employees, and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782. ARTICLE 59. RECORD ("AS BUILT") DRAWINGS a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as "as-builts") and shall require each trade to prepare its own as- builts. The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and SECTION 00700 GENERAL CONDITIONS - 70 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. Contractor shall use colors to distinguish variations in separate categories of The Work. b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as- builts. The suitability of the as-builts will be determined by the Authority. ARTICLE 60. RESOLUTION OF DISPUTED CONSTRUCTION CLAIMS a. Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 56, Changes and Extra Work, as a prerequisite to filing any claim govemed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required by this agreement shall constitute a waiver of the right to procedures of this Article. b. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. c. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the Califomia Public Contract Code. This Article shall be construed to be consistent with said statutes. d. For purposes of this Article, "Claim" means a separate demand by the Contractor, after a change order duly requested in accordance with Article 56 "Changes and Extra Work" has been denied, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City. e. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but SECTION 00700 GENERAL CONDITIONS -71 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS not necessarily limited to the procedures contained in Article 56 "Changes and Extra Work," and Contractor's request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. f. The claim shall be submitted in writing to the Authority and shall include on its first page the following in 16 point capital font: "THIS IS A CLAIM." Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. g. Supporting Documentation: The Contractor shall submit all claims in the following format: a. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made b. List of documents relating to claim: i. Specifications ii. Drawings iii. Clarifications (Requests for Information) iv. Schedules v. Other c. Chronology of events and correspondence d. Analysis of claim merit e. Analysis of claim cost f. Time impact analysis in CPM format h. City's Response. Upon receipt of a claim pursuant to this Article, the Authority shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an SECTION 00700 GENERAL CONDITIONS - 72 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS undisputed portion of the claim will be processed and made within 60 days after the Authority issues its written statement. 1. If the Authority needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, retum receipt requested, the Authority shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 days of receipt of a claim, the Authority may request in writing additional documentation supporting the claim or relating to defenses or claims the Authority may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Authority and the Contractor. The Authority's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $15,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. i. Meet and Confer. If the Contractor disputes the Authority's written response, or the Authority fails to respond within the time prescribed, the Contractor may so notify the Authority, in writing, either within 15 days of receipt of the Authority's response or within 15 days of the Authority's failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Authority shall schedule a meet and confer conference within 30 days for settlement of the dispute. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Authority shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Authority issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Authority and the Contractor sharing the associated costs equally. The Authority and Contractor shall mutually agree to a SECTION 00700 GENERAL CONDITIONS - 73 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3. Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. k. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Govemment Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. I. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less: 1. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Agreement. The mediation process shall provide for the selection within 15 days by SECTION 00700 GENERAL CONDITIONS - 74 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. i. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attomey's fees on appeal of the other party. m. Government Code Claims: In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Govemment Code Sections 900, et seq. prior to filing any lawsuit against the Authority. Such Govemment Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Govemment Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the Authority may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. n. The Authority's failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety. SECTION 00700 GENERAL CONDITIONS - 75 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS ARTICLE 61. AUTHORITY'S RIGHT TO TERMINATE CONTRACT a. Termination for Cause: The Authority may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard Applicable Laws, ordinances, other requirements or instructions of the Authority; or (ix) should violate any of the provisions of the Contract Documents. The notice of default and intent to terminate shall contain the reasons for termination. Unless within ten (10) Days after the service of such notice, Contractor resolves the circumstances giving rise to the notice of default to the Authority's satisfaction, or makes arrangements acceptable to the Authority for the required corrective action, this Contract shall terminate. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The Authority may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the Authority for any excess costs or other damages incurred by the Authority to complete the Project. If the Authority takes over The Work, the Authority may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience: In addition to its right to terminate this Contract for default, the Authority may terminate the Contract, in whole or in part, at any time upon ten (10) Days written notice to Contractor. The Notice of Termination shall specify that the termination is for the convenience of the Authority, the extent of termination and the effective date of such termination. After receipt of Notice of Termination, and except as directed by the Authority, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations: 1) Stop Work as specified in the Notice. SECTION 00700 GENERAL CONDITIONS - 76 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS 2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. 3) Leave the Site and any other property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. 4) Terminate all subcontracts and purchase orders to the extent that they relate to the portions of The Work terminated. 5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work. 6) Submit to the Authority, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the Authority's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the Authority no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the Authority's Termination for Convenience." 7) Authority's total liability to Contractor by reason of the termination shall be limited to the total (without duplication of any items) of: a) The reasonable cost to the Contractor for all Work performed prior to the effective date of the termination, determined in accordance with the force account provisions of ARTICLE 56, including the Work done to secure the Project for termination. Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the Cost Breakdown. Deductions shall be made for cost of materials to be retained by the Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work SECTION 00700 GENERAL CONDITIONS - 77 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS as allowed by the Contract Documents. Reasonable cost will include reasonable allowance for Project overhead and general administrative overhead, not to exceed five percent (5%) of the cost. Contractor shall not be entitled to reimbursement under this section for Work for which Contractor has already received, or is eligible to receive, compensation under the terms of the Contract. b) When, in the Authority's opinion, the cost of any 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 the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed. c) A reasonable allowance for profit on cost of Work performed as determined in accordance with ARTICLE 56 provided that the Contractor establishes to the Authority's satisfaction that the Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed five percent (5%) percent of the cost. Contractor shall not be entitled to an allowance for profit on any work for which Contractor has received, or is eligible to receive, compensation under the terms of the Contract. d) Reasonable costs to the Contractor of handling material returned to vendors, delivered to the Authority or otherwise disposed of as directed by the Authority. e) A reasonable allowance for the Contractor's intemal administrative costs in preparing termination claim. f) Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination. 8) In no event shall the Authority be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a notice of termination. Such non -recoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post -termination employee salaries, unreasonable post -termination administrative expenses, post -termination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor's SECTION 00700 GENERAL CONDITIONS - 78 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS termination claim, attomey fees of any type, and all other costs relating to prosecution of a claim or lawsuit. 9) The Authority shall have no obligation to pay the Contractor under this ab (Termination for Convenience) unless and until the Contractor provides the Authority with updated and acceptable as- builts and Record Documents for Work completed prior to termination. 10) In arriving at the amount due the Contractor under this clause there shall be deducted in whole or in the appropriate part(s) if the termination is partial: a) All unliquidated advances or other payments on account previously made to the Contractor, including without limitation all payments which are applicable to the terminated portion of the Contract Documents, b) Any claim the Authority may have against the Contractor in connection with the Work, and c) The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Contractor and not otherwise recovered by or credited to the Authority. These provisions are in addition to and not in limitation of any other rights or remedies available to the Authority. c. Savings Clause. If Authority terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the Authority may immediately order Contractor to cease Work until such safety or liability issues are addressed to the satisfaction of the Authority or the Contract is terminated. SECTION 00700 GENERAL CONDITIONS - 79 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS ARTICLE 62. WARRANTY AND GUARANTEE a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year. c. The Contractor shall remedy at its expense any damage to Authority -owned or controlled real or personal property. d. Contractor shall fumish the Authority with all warranty and guarantee documents prior to final Acceptance of the Project by the Authority. e. The Authority shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work to complete or correct the Work at issue. If the Contractor fails to promptly remedy any defect, or damage; the Authority shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor's expense. f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the Authority may undertake at Contractor's expense, and without prior notice, all actions necessary to correct such condition. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall: 1) Obtain for Authority all warranties that would be given in normal commercial practice or that are required in the Contract Documents; 2) Require all warranties to be executed, in writing, for the benefit of the Authority; and 3) Enforce all warranties for the benefit of the Authority, unless otherwise directed in writing by the Authority. SECTION 00700 GENERAL CONDITIONS -80- 77802.0 000\29477505.1 SECTION 00700 GENERAL CONDITIONS This Article shall not limit the Authority's rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The Authority specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to Califomia Code of Civil Procedure Section 337.15. ARTICLE 63. DOCUMENT RETENTION & EXAMINATION a. In accordance with Govemment Code Section 8546.7, records of both the Authority and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. b. Contractor shall make available to the Authority any of the Contractor's other documents related to the Project immediately upon request of the Authority. c. In addition to the State Auditor rights above, the Authority shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including electronic records, computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the Authority, for a period of four (4) years after final payment. ARTICLE 64. SOILS INVESTIGATIONS When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil. ARTICLE 65. SEPARATE CONTRACTS a. The Authority reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Authority any problems with the work in place or discrepancies with the Contract Documents. SECTION 00700 GENERAL CONDITIONS -81 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the Authority in prosecution of the Project to the end that Contractor may perform this Contract in the Tight of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Authority shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The Authority shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. ARTICLE 66. NOTICE AND SERVICE THEREOF All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor's principal place of business unless Contractor designates another address in writing for service of notice. Notice to Authority shall be addressed to the Authority as designated in the Notice Inviting Bids unless Authority designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 67. NOTICE OF THIRD PARTY CLAIMS Pursuant to Public Contract Code Section 9201, the Authority shall provide Contractor with timely notification of the receipt of any third -party claim relating to the Contract. ARTICLE 68. STATE LICENSE BOARD NOTICE. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions conceming a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. SECTION 00700 GENERAL CONDITIONS - 82 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS ARTICLE 69. INTEGRATION a. This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. b. Any modification of this Contract shall be effective in writing signed by all parties hereto. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents. ARTICLE 70. ASSIGNMENT Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the Authority. Any assignment without the written consent of the Authority shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Govemment Code. ARTICLE 71. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the Authority in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor's name or nature will affect Authority's rights under the Contract, including but not limited to the bonds. ARTICLE 72. ASSIGNMENT OF ANTITRUST ACTIONS Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the Authority 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. Section 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 the purchase of goods, services, or materials pursuant SECTION 00700 GENERAL CONDITIONS - 83 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS to this Contract or any subcontract. This assignment shall be made and become effective at the time the Authority makes final payment to the Contractor, without further acknowledgment by the parties. ARTICLE 73. PROHIBITED INTERESTS No Authority official or representative who is authorized in such capacity and on behalf of the Authority to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. ARTICLE 74. LAWS AND REGULATIONS a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in the Contract Documents are for reference purposes only and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Authority in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Authority, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building code, including but not limited to, as it relates to the ADA, whenever applicable. c. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract. ARTICLE 75. PATENT FEES OR ROYALTIES. The Contractor shall include in its Contract amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless the Authority, its officials, officers, agents, SECTION 00700 GENERAL CONDITIONS - 84 - 77802.00000\29477505.1 SECTION 00700 GENERAL CONDITIONS employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use. ARTICLE 76. OWNERSHIP OF DRAWING All Contract Documents fumished by the Authority are Authority property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be retumed to the Authority on request at completion of the Work. ARTICLE 77. NOTICE OF TAXABLE POSSESSORY INTEREST In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. END OF GENERAL CONDITIONS SECTION 00700 GENERAL CONDITIONS - 85 - 77802.00000\29477505.1 SECTION 00750 SPECIAL CONDITIONS SPECIAL CONDITIONS Please refer to plans and/or water impact report for special conditions and/or requirements. 77802.00000\2947750.5.1 END OF SPECIAL CONDITIONS SECTION 00750 SPECIAL CONDITIONS -1- TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 1. Please refer to plans for technical specifications. TECHNICAL SPECIFICATIONS - 1 - 77802.00000\29477505.1 PLANS AND DRAWINGS PLANS AND DRAWINGS "THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 1. CANDLEWOOD APARTMENT PLANS 15-66700 (1) Sheets C1, Al -A7,S1-S3 (Total of 11 sheets) PLANS AND DRAWINGS - 1 - 77802.00000\29477505.1 77802.00000\29477505.1 Weather Impact and Water Infiltration Analysis Report Candlewood Apartments Palm Desert, California Prepared for: Woods Construction 1950 Compton Avenue, Suite 113 Corona, California 92881 Ph: (951) 371-8368 Contact: Mark Woods Prepared by: WJRB Consulting & Design P.O. Box 1877 Rancho Cucamonga, California 91729 Ph: (909) 215-0955 Contact: Wayne J. R. Bowser April 27, 2015 Table of Contents Section 1: Executive Summary 1 1.1 - Purpose and Methods of Analysis 1 1.2 - Project Summary 1 1.3 - Standard Building Practices 1 Section 2: Locale and Environmental Conditions 2 2.1- Project Location 2 2.2—Weather 2 Section 3: Impact Analysis 2 3.1— Findings 2 3.2 — Recommendations 3 Section 4: Photographs 4 4.1 - Damaged Surface 4 4.2 - Guardrail Attachments 5 4.3 - Ponding Water 6 4.4 - Exposing Structure 7 4.5 - Weathered Beams 9 4.6— Flashing 9 1 EXECUTIVE SUMMARY 1.1 PURPOSE AND METHOD OF ANALYSIS This weather impact and water infiltration analysis was prepared to determine what extent of damage has been caused to the exterior wood framed members of the complex and what corrective measures could be implemented, along with remedies to repair weather and water rotted structural elements, and to prioritize the needed repairs. The assessment was conducted on April 12, 2015 under the direction of Mark Woods, General Contractor, license t$678131, who supervised the demolition and removal of building components, and Peter Vander Meyden, Professional Engineer, license #C-35611, who observed and documented, along with Wayne J. R. Bowser, who documented with dimensions and photographs. Several areas of the common elevated walkways had stucco, sheathing, and or, decking removed to expose the structural elements for evaluation of their conditions. Not all structural elements of the complex were exposed. 1.2 PROJECT SUMMARY It was determined that a majority of the common elevated walkways and their associated structural elements had significant damage caused by years of water infiltration and replacement of said structural elements are recommended. It was also determined that attempts had been made to correct said water damage by adding additional layers of sheathing, and/or, bituminous material on top of the existing decking and common elevated walkways, which initially may have solved some issues, but seemingly created other problems where water ponding eventually developed, causing further means for standing water to infiltrate into the structural elements already impacted by the weather. Several areas of concern were also identified, which did not pertain to the walking surfaces, but rather the roof structures over the stairs. The exposed wood beams showed considerable weather damage. 1.3 STANDARD BUILDING PRACTICES There are numerous methods, and materials used to construct a building similar the subject property, but because this was built of wood and stucco, the variables only occur depending in which time period it was built. It is presumed that the buildings were constructed over 40 years ago, and building practices have changed tremendously, particularly accounting for seismic activity, and more recently, weather protection. It is unknown whether or not the addition of new weatherproofing, as mentioned above, was inspected by a third party, but it is clear that standard flashing and the implementation of weep screeds at the base of the stucco walls, for instance, were not utilized, as were common practices even 40 years ago. It has become standard practice only recently, however, to eliminate, as much as possible, the attachment of any guardrail directly to the deck, thus penetrating the weatherproofing. This penetration ultimately causes water infiltration, and in the case of every elevated walkway, the direct connection of the guardrail support members to the deck has caused a damming effect, and thus water remains upon its surface in numerous locations along said elevated walkway. 1 2 LOCAL AND ENVIRONMENTAL CONDITIONS 2.1 PROJECT LOCATION The Candlewood Apartments are located at 74000 Shadow Mountain Drive in the City of Palm Desert, California. The property is the southern portion of the city, on 1.32 acres, south of Highway 111. The nearest major cross street is Portola Avenue and Highway 111. 2.2 WEATHER CONDITIONS Palm Desert has an arid climate with an average high temperature of 89 °F (32 °C) and average annual low of 62 °F (17 °C). The area is comprised of a gently south -sloping valley, surrounded by high mountain ranges on three sides. This creates a unique micro -climate which keeps the average night-time temperatures in the winter significantly warmer than most desert around the world. Summer time highs are commonly above 108 °F (42 °C) and sometimes exceed 120 °F (49 °C). Average precipitation is under 5 inches (130 mm), with over 348 days of sunshine. Due to these above normal high temperatures throughout the year, day and night, common building materials expand more frequently and become pliable to the extent that water, even though rainfall is at a minimum, has more opportunity to infiltrate areas that typically remain sealed for a longer period of time. 3 IMPACT ANALYSIS 3.1 FINDINGS 3.1.1 Decks / Elevated Walkway Surfaces A. All deck surfaces show signs of wear, and in several places the deck is cracking and missing the top layer of bituminous material, causing water infiltration within the structure. B. The entire leading edge surface, or drip edge, lacks any kind of metal drip flashing, or has been covered over by stucco, causing water to infiltrate into the stucco and the structure. C. The leading edge surface, or drip edge, which has the guardrail support bolted through it, is causing water to sit behind it and potentially seeps in through the decking. D. There are several low spots causing water to pool. Although this generally does not adversely impacts the structural integrity, unless it is near one of the aforementioned cracks, or missing surface material, it does pose a nuisance to the residents, and a potential slipping hazard. E. In all situations where the decking material meets the front door of the residences, the threshold has had to be modified to accommodate the additional height, where the top surface of the decking now appears to be higher than the finish floor of the individual dwelling unit. F. Where the decking surface extends beyond the 5 to 5-1/2 foot wide elevated walkway, and into what appears to be a somewhat individual front porch for each unit, and where the decking surface meets the abutting wall surface, the stucco screed is non-existent, or covered 2 up, resulting in very little flashing area to screed water away from the wall, resulting in potentially a situation where water can infiltrate the structure. 3.1.2 Beams and Structural Members A. All beams along the outer perimeter of the elevated walkways and bridges appear to have some level of water damage, however, these beams were not all exposed during our site assessment. B. Several locations where the decking material and sub -flooring were removed and the structure exposed, it was discovered that there was some water damage to the structural members that join the elevated walkway, and bridge structure to the support beams. C. The double beam supports for the roof structure over each of the three stairways showed severe weathering due to exposure and lack of maintenance. 3.2 RECOMMENDATIONS (To FINDINGS IN SECTION 3.1) 3.2.1 Decks / Elevated Walkway Surfaces A. All deck and elevated walkway surfaces shall be removed down to the last two layers of %" plywood sub -floor and a new waterproof surface applied, which shall be sloped to provide positive drainage of any water along the surface. B. Apply 26 gauge metal drip flashing and counter -flashing along edges of elevated walkways, decks and bridges. C. All existing guardrail shall be removed and a new guardrail design implemented to eliminate the attachment of vertical supports to the top surface of the elevated walkways and decks. D. All deck and elevated walkway surfaces shall be removed down to the last two layers of %" plywood sub -floor and a new waterproof surface applied, which shall be sloped to provide positive drainage of any water along the surface. E. All deck and elevated walkway surfaces shall be removed down to the last two layers of %:" plywood sub -floor and a new waterproof surface applied, which shall be sloped to provide positive drainage of any water along the surface. Remove and replace threshold as necessary to accommodate new deck surface. F. All deck and elevated walkway surfaces shall be removed down to the last two layers of A" plywood sub -floor and a new waterproof surface applied, which shall be sloped to provide positive drainage of any water along the surface. Install new 26 gauge metal flashing along wall, where new deck surface meets wall. 3.2.2 Beams and Structural Members A. Beams with noticeable water damage and/or rot shall be replaced. B. Structural members with noticeable water damage and/or rot shall be replaced C. All beams shall be removed and replaced with one single beam at each of the three stair locations, and fastened to the existing columns with beam hangers welded in place. 3 4 PHOTOGRAPHS 4.1 DAMAGED SURFACE The elevated walking surface is cracked in several places and missing pieces of the bituminous material. 4 4.2 GUARDRAIL ATTACHMENTS The guardrail supports are attached directly, causing water to dam and penetrate the walking surface. 5 4.3 PONDING WATER The residual effects of standing water causes further damage and potentially creates a slipping hazard. 6 4.4 EXPOSING STRUCTURE The stucco and surface material was removed to reveal structural damage due to water infiltration. 7 8 4.5 WEATHERED BEAMS The structural members at each of the three stairs shows obvious signs of damage caused by exposure. 4.6 FLASHING Lack of flashing and proper installation methods is causing additional water damage to develop over time. 9 STRUCTURAL GUARD RAIL CALCULATIONS. CANDLEW000 APARTMENTS, PALM DESERT, CA 4/21/15 DESIGN LOADS CODE GUARD RAIL REQUIREMENTS 200 LB ANY WHERE 50 PLF ALONG LENGTH OF GUAF PROJECT ADDITIONAL REQUIREMENT. RAIL SYSTEM NOT DROOP OVER TIME DUE TO DEAD LOAD ADDED A CENTER POST TO REDUCE THE SPAN OF EACH SECTION EST WT OF RAILING IS 30 PLF PROJECT DESIGN DICTATED A 3" TO 3-1/2" WIDE SECTION AN HSS 3 X 2 X 1/8 SECTION WAS SELECTED FOR USE AS BOTH THE TOP AND BOTTOM RAIL HSS SECTION PROPERTIES Ix = 1.30 Sx = 0.866 ly = 0.692 Sy = 0.692 Fy = 36 KSI Fb = 21.6 KSI E = 2900 KSI RAIL SPAN 14.75'/2 = 7.4' 200 LB LOAD 50 PLF LOAD 30 PLF LOAD M = 370 FT-LS M = 342 FT -LB M = 205 FT -LB REQUIRED SECTION Sx = 0.205 OK Sx = 0.190 OK Sy = 0.113 OK CHECK DEFLECTION GOVERNING LOADS 50 PLF LOAD DEFL = 0.096" OK TOP RAIL ONLY (Ix) 30 PLF LOAD DEFL = 0.054" OK BOTH RAILS (Iy) POST LOAD @ TOP 50 PLF LOAD P = 370 LB GOVERNS 200 LB LOAD P = 200 LB POLE HT = 3.5' M = 1295 FT -LB TRY HSS 3 X 3 X 1/8 Sx = 1.19 Ix = 1.78 CHECK POLE DEFLECTION 50 PLF LOAD DEFL = 0.177" OK REQUIRED SECTION Sx = 0.719 OK