2010-10-05 HABOC 2-A ContractCONTRACTOR oR AGREEMENT
THIS AGREEMENT entered into this day of October 201 o, by and between
HOUSING A UTHORITY OF THE CITY OF ALAMEDA (hereinafter referred to as "AHA"
and Sun Water solar (a California corporation), whose. address.. i.s.. 5 Marina Bay
Parkway, l ichmond CA., 94804 .(hereinafter referred .to iicontractar'i). it reference to
the following;
RECITALS:
'i. TERM:
The Contractor. shall begin w ork ithin five (5). days after receiving ..Notice
to :Proce Yfr rn AHA tc :comm the fork and. =shad d l�gently prosecute the work to
completion before December 1, 2010.
2. SERVICE TO..'BE PE RFORMED
Contractor agrees, at its own cost and expense to furnish all labor, tools,
equipment, materials, except as otherwise specified, and tq. d strictly in
accordance. with specifications. and Oene.ral. Conditions, which Spec ifications and
General conditions, are attached hereto. as.. Exhibit. ``B', and C" respectively and are
hereby referred to and expressly made a part hereof with the same force a effect as if
the same were fully incorporated. h.erein,.
3. COMPENSATION TO .CONT CTOR:
Contractor shall be compensated for services.. performed pursuant to this
Agreement in the amount of 139,000:00 plus...an additional X13,990.00 for potential
change orders, for a total not to. exceed 1 and. ire. a mann as set forth in
Exhibit "A" and incorporated..he by.this reference. Payment ri. l be .made in the same
manner that claims of. a like character are .paid by the... ASIA, w..ith checks .drain on the
treasury of said AHA, to be. taken from the Extraord Mai ntenance Proect fund.
Payment shall be made for 90 percent of the value of the work. The AHA shall retain 10
percent of the value of the work as partial security for the completion of the work by
Contractor. Retained amounts shall not be construed as acceptance of defective work.
No interest will be paid to contractor on retained funds.
Exhibit t to Abenda Item #2-A CC
10-5-10 HABOC
CONTRACTOR AGREEMENT
With Sun Water Solar /ABD4 -10 Solar Hot Water
4, TIME IS OF T HE ESSENCE:
Contractor and AHA agree that fine is of the essence regarding the performance
of this Agreement.
5. STANDARD of CARE
Contractor agrees to perform all services hereunder in a manner cornmensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the AMA nor have any contractual relationship with AHA.
INDEPENDENT PARTIES
ASIA and Contractor.. intend that the relationship between' created by this
Agreement is that of employer- independent contractor. The manner and means of
conducting the work are under the. control of. Contractor, except to the extent they are
limited by statute, rule. or regulation. and the express terms of this Agreement. No civil
service status or other right of. employment will.. be acquired by v ir ue of contractor's
services. Diane of the. benefits. prov.ided :by AHA to. its employees, including butfl limited
to unemployment insurance, workers' compensation coverage, vacation and sick.leave
are available from AHA to Contractor, its employees or agents. Deductions shall not be
made for any state or federal taxes, FICA payments, PERS payrnents,.or other. purposes
normally associated with an employer- employee relationship from any fees due
Contractor. Payments of the above items, if required, are the responsibility of Contractor.
7. IMMIGRATION REFORM AND CONTROL. ACT IR A4
Contractor assumes :an and all res �.onsibili fo verfr the. id ti ty. and
p y Y g
employment authorization of all of its employees performing work hereu pursuant to
all applicable I RCA or other federal or state rules and regulations. Contractor shall
indemnify and hold AHA harmless from and against any.Joss, damage, liability, costs or
expenses arising from -any noncompliance. of this provision by: Contractor
S. NONWD SCR M NATION:
Consistent. with. AHA`s policy that harassment and discrimination are unacceptab e
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ens p to er /employee conduct, Contractor agrees that harassment or discrimination
directed toward a job applicant, an AHA employee, or a citizen by Contractor or
Contractor's employee on the basis of race, religious creed, color, national origin,
ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation
will not be tolerated Contractor agrees that any and all violations of this provision shall
constitute a breach. of this Agreement.
Contractor certifies and agrees.th.at it will not discriminate against any employee or
applicant for efnpinyment because of race color, religion, national origin, ancestry, sex,
age or condition or physic or mental handicap (as defined in 41 C.F.R. Section 60 -74
in accordance with. requirement of state and federal laver. Contractor shall take affirmative
action to ensure that qualified applicants are employed and that employees are treated
durin g employment w..ithaut regard to race, color, religion, national origin, ancestry, sex
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CONTRACTOR oR AGREEMENT
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age or condition of physical or .mental handicap in accordance with requirements of state
and federal law. Such shall include, but not be limited to, the following:
a. Employment upgrading; demotion, transfer, recruitment or
recruitment advertising, layoff .or termination; rates of pay or other f orrns of compensation E
b. Selection for training, including .interns and apprentices,
Contractor agrees to post in conspicuous places in each of contractor's facilities
providing services hereunder; available and :open to employees and applicants for
employment, notices sating forth the provisions of 1his nondiscrimination clause.
Contractor shall, in all solicitations or. advertisements for :erg ployees placed :by or
on behalf of contractor, state that all qualified applicants will receive consideration for
employment without regard to race; color, religion, national origin, ancestry, set; age or
condition of physical or mental handicap, in accordance with requirements of state and
federal law,
contractor shall send to each labor union. or representative. of workers with. which it
has a collective bargaining %agreement or other contract or understanding ::.:a notice
advising the labor union or workers representative of contractor's commitments under
this ara ra h.
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Contractor certifies and agrees that it will d ea.l with its subcontractors, bidders or
vendors Without regard to race, color, religion, national origin, ancestry, sex, :age or
Condition of .physical or mental handicap, in accordance with requirement of state and
federal lave.
In accordance wi th applicable state ``arid federal 1aw Contractor shall allow duly
authorized County, state and federal representatives.. access to its emplo mernt records
during regular. business hours in Order to verify cornpl once v ith the anti- discrirnir tion
h ll u rQVde such :other
s:of this arc ra h contractor s a i nformation and records.
.provision p g p p
as such representatives may require in order to verify compliance with the anti-
discrimination. provisions .of this. paragraph.j
If the AHA finds ..that any of the provisions of this pa rag rapr have been violated,
the sane shall constitute a material breach of Agree.ment.,.upon which APIA may
determine tp cancel, terminate or sus d.this Agreement. Wh le AHA reserves the right
to determine independently that the anti discrimination provisions of this Agreement. have
been violated, in addition, a determination by the California: Fair. Employment Practices
Commission or the Federal Equal E.mployrnent opportunity Com n that Contractor
has violated state and federal anti discrimination laws shall constitute a finding by AHA
that Contractor has. violated the. anti- disorirnination provisions of Agreement.
The parties agree that in the event Contractor violates any of the anti
discrimination provisions of this. paragraph, AHA shall be entitled, at its option; to the Burn
of $500,00. pdrsuart to Civil. Cody Section 67 as` l.i darnages in lieu of
canceling, terminating or s.uspcnding`this Agreement.
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CONTRACTOR. AGREEMENT
With sun Water Solar/ABD4 0 solar Hot Water
Contractor hereby agrees that it will comply with Section 5.0.4 of.the Rehabilitation
Act of 1973, as amended (29 U.S.C. section 794), all requirements imposed by. the
applicable regulations (45 C.F.R.), and .all guidelines and Jnt issued pursuant
thereto, to the end that no qualified. hand icapped. person .shall, on the. basis of handicap,
be excluded from participation in, be denied the benefits of, or otherwise be .subjected to
discrimination under any program or activity of contractor rece�uing Federal Financial
Assistance. In addition, Contractor shall comply with Uniform Federal Acces.si.bility
Standards, and contractor, Engineer or Architect responsible .for ar y design, construction
or alteration shall certify compliance with those Standards.
Contractor's attention .is directed to laws, including but not limited to:..
A. CIVIL RIG HTSIEQU ►L .OPPORTU ITY
(1) Civil Rights Act of 1 964. Under Title vl of the Civil Rights A.ct of
1964, no person shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be .subjected. to dis cr minat on... under any
program or activity receiving Federal financial assistance.
(2) section 109 of the Housing and Community Develop Act of...
1 974 No person in the United States shall,:.on the grounds of race color, national origin
or sex, be excluded from participation in, be. denied the benefits of er be .subjected to
discrimination under any program or activity funded i or in :part .with..funds..m.ade.
available under this title.
Section 109 of the Act ..further provides. that any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1 X75 (42 ..U.S..C..
01 0 :.et seq.) or with respect to.. an. otherwise qua individual. as provided
in Section :5,04 .of the Rehabiltaf0n ::Act of 9:73 9 L.:S.: 794 shall ..al so a I: W. an
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program or activity funded in whDle or in part with funds made available. pursuant Jo the.
Act.
B. EMPLOYMENT AND. CONTRACTING OPPORTUNITIES..
(1). Section 3. Section 3 of the !-lousing and Urban. Development Act
of 1968 requires, in connection with the. planning a carrying out: of any prpject assisted
under the Act, that to the greatest extent feasible, opportunities fo.r training .arid
employment be given to lower income persons residing within ..the.. unit...ef. local
government or the metropolitan area in which the project. is located, or ow ned. in
substantial part by persons residing .in the same metrbpol.itan area as the. project..
C. PROGRAM A CCESSIBILITY FOR INPIVIDUALS WITH
DISABILITIES
This. A subject to. laws. and regulations condorn the rights. .:of
otherwise qualified individuals with handicaps. for equal. participation in, arid. benefit from.
federally assisted programs and activities including but not limited to;
Nondiscrimination on the Basis of Disabilities 28 CFR 35 r Title
ll, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded
activities and programs.
Nondiscrimination on the Basis on Handicap 24 CFR 8), These
regulations implement Section 504 of the Rehabilitation Act of 1973, as amended, as
cited in section 109 of the Housing and Community Development Act.
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CONTRACTOR AGREEMENT
With Sun Water Solar /ABD4 -1 O Solar loot Water
Any federally assisted alteration to a facility, its permanent fixtures or
equipment but not including norrnal maintenance or repairs, roofing, interior decoration or
changes to its mechanical systems, shall comply with 'the uniform Federal Accessibility
Standards, 1 984 CF.R 3) and with paragraph (3).immediately below.
(3) Architectural Barrier Act of `1988 Any building or facility,
excluding privately "owned residential structures, designed, constructed or altered with
federal funds shall comply with the uniform Federal Accessibility standards, 1984 (41
CFR 3) and the Handicapped Accessibility.Requirements ofthe State of California 'Titie 24.
The Consultant, :Engineer or Architect responsible 'far such design, construction or
alteration shall certify compliance with the above standards.
In resolving any conflict between the ..accessibility standards cited in
paragraphs (1), (2) and (3 above, the more stringent standard: shall apply.
9. INDEMNI ICATIOWHOLD HARMLESS
Contractor shall indemnify, defend, and hold harmless AIWA, its Board of
Commissioners, Housing Cornrnission, officers, employees and volunteers
"Indemnitees frorn and against any and all `loss, damages, liability, claims, suits, costs
and expenses whatsoever, including reasonable attorneys' "Claims arising from or
in any manner connected to Contractar.s negligent act or omission, whether alleged or
actual, regarding performance of services or :cork conducted :or- performed pursuant to
this Agreement. If Claims are filed against I ndernnite.es which allege negligence on
behalf of the Contractor, Contractor shall have no: right •0f reimbursement against
I ndemnitees for the costs of defense even if negligence Js: net found on the part of
Contractor. How ever, Contractor shall not be o Ilgated to indemnify I rtdemnitees .frorn
li nc r:wllful rnsc du t=
Claimsarjsing from the soli or active nog ge o n c of lndernr tees.
10. INSURANCE
On or before the. commencement of the. terms of this Agreement, Contractor. shall.
furnish AIWA with certificates shoving the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 1 0A, B, C and D, such certifi.c ..tes. which do.: not limit Contractor's
indemnification, shall also contain substantially the following statement "Should any of
the above insurance covered by this. certificate be. canceled :or coverage reduced before
the expiration date thereof, :the insurer affording coverage shall provide thirty (3.0)..d ays'
advance written notice to the AHA by certified mail. It is agreed that Contractor. shall
maintain in force at all tines during the: perforrnanee of the Agreement all appropriate..
coverage of insurance acceptable to AHA and licensed to do insurance business in the
State of California. Endorsements naming the A H.A.:.:a s additional insured shall be
submitted with the insurance certificates.
A. COVERAGE
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
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CONTRACTOR AGREEMENT
With Bun Water Solar /ABD4 -10 Solar Hot Water
(2) Liab
Commercial general
Iiab coverage in. the following
minimums limits:
Bodily Injury:
$1 ,000,000
each occurrence
$2,000,000
aggregate
Property Damage:
$'1.,000,000
each occurrence
$2
aggregate
If submitted, combined single
Jimit policy with aggregate .limits in the
amounts of $1,000,000 will be considered equivalent to the
required fir i r urn limits
shown above.
(3 Automotive
Comprehensive automobile liability
coverage in the following
minimum limits:
Bodily Injury:
1 0 o,o00
per. accident.
..$2
aggregate
Property Damage:
$1,000,000...per
accident
....$.2100070.00
aggregate....
OR
Combined Single Limit:
$1 7 000,000
per .accident
B. SUBROGATION WAIVER
contractor agrees ,that,. in. the event of loss due to .any of the perils fo.r which
it has agreed.. to provide comprehensive general and. automotive.. Iiabi.lity insurance.,
Contractor shall IoolC selelR to its- irs rance :fa -r, recovery: :.contract r hereby grants -to.
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AHA, on behalf of any insurer providing comprehensive general and automotive. liability
insurance to either contractor or AHA with respect to the services. of Contractor herein, a
waiver of anY right to subrogation vhich..any such insurer of said Contractor ray acquire
against ASIA by virtue of the payment of any.loss under such insurance.
C FAILURE TO SECURE
If contractor, at... any .tine during the. term hereof, sho d fail to. secure or
maintain the foregoing:. insurance, AHA. shall be .permitted to obtain such insurance in the
Contractor's name or as an: agent of the. contractor and shall be .compensated by .the.
Contractor for the costs of the.. insurance prerniurns at.the maximum rate permitted by law
and computed from the .d.ate written notice is received. that the premiums have not been.
paid.
D. ADDITIONAL INSURED
AMA, it's Board of Commissioners, Housing Commission, officials,
employees and volunteers shall be named as an additional insured under all insurance
coverages, except workers' compensation insurance.
The naming of an insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such additional
insured. An additional insured named herein shall not be held liable for any premium,
deductible p ortion of any foss, or expense of any nature .on this policy or any extension
thereof.
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CONTRACTOR AGREEMENT
With sun Water Solar /ABD4 -1 O Solar Hot Water
Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance provided by this
policy.
E. SUFFICIENCYOF INSURANCE:
The insurance limits required by AHA are not represented as being
sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance
broker to determine adequate coverage for Contractor.
11. BONDS:
Contractor shalIIurnish the following bonds from a bonding company acceptable to
the Housing Authority Attorney:
Performance
A bond in .the amount of 100% of the total contract price. guaranteeing the
faithful performance of contract, and
2} Parent
A payment bored in the amount of 100% of the total contract price is
required to provide a source of compensation for unpaid subcontractors, suppliers or
workers who have furnished goods or services for the project.
12. PROHIBITION AGAINST TRANSFERS.
Contractor shall not assign, sublease, hypothecate or transfer this Agreement or
an y interest therein directly or indirectly, by operation of law: or.: otherwvise without prior
written consent of HA. .,Any attempt to do so. without said consent .-shall be null. and void
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and any assignee, sub lessee, hypothecate. or. transferee shall acquire no right or interest
by reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Contractor from AIWA under this Agreement may be assigned to. a bark, trust
company or other financial institution without prior written consent, but written notice of
such assignment shall be promptly furnished to AHA by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and
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outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is.a partnership or joint venture or
syndicate or co tenancy, which shall result in changing the control of Contractor, shall be
construed as .an assignment of this Agreement. Control means fifty percent (50 or
more .of the voting poorer of the corporation.
13. SUBCONTRACTOR APPROVAL;
Unless prior written consent from AHA is obtained, only those people and
subcontractors whose names are listed in Contractor's bid shall be used in the
performance. of this Agreement.
Requests for subcontracting shall be submitted in writing, describing the scope of
work to be subcontracted and the name of the proposed subcontractor. Such request
shall set forth the total price or hourly rates used in preparing an estimated cost for the
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CONTRACTOR AGREEMENT
With Sun Water Solar /ABD4 -1 o Solar blot water
subcontractor services. Approval of the subcontractor may, at the option of AHA, be
issued in the form of a work order.
In the event that contractor employs subcontractors, such subcontractors shall. be
required to furnish proof of worker's compensation insurance and shall also be required to
carry general and automobile liability insprance.in reasonable. conformity to the insurance
carried by contractor. In addition, any work or services subcontracted .hereunder shall be
subject to each. provision of this Agreement.
14. PERMITS .AND UCENSES
Contractor, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and licenses, includin a City of. Alameda
Business License that may be required in connection with the .per.forrnance. of services
hereunder.
15. REPORTS
Each and every report, draft, work product, map, record and. other document
reproduced, prepared or caused to be prepared by contractor. pursuant to or in
connection with this Agreement shall be the exclusive property.of �AHA.....
No report, information or other data given to or. prepared or. assembled. by
Contractor pursuant to this Agreement shall be made available to any individual or
organization by contractor without prior approval. by A.I.A. contractor shal,.at such time
and in such form as AHA .may require, furnish repots concerning the status. of.. services
required under this. Agreement.
16. RECORDS
Contractor. shall maintain co.mpiete and accurate.. records with. respect. to sales
.costs, expenses, receipts and other such information required by AHA .that. relate. to the
performance of services under this Agreement.
Contractor shall maintain adequate records of services provided in sufficient detail
to permit an evaluation of services.. All such records shall be maintained in ..acco.rdance
with g enerally accepted .accounting principles. and shall .be clearly identified and. readily
accessible. contractor shall provide free access. to such.. and records to the
representatives. of. AHA or its designees, and gives. AHA the right to �xarmine and audit
same, and to make transcripts there from as necessary, argil to allover inspection of all
work, data, documents, proceedings and activities related to. this greener t. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years. after
receipt of final payment,
17. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively .shall be ..deemed served when delivered
personally ersonall or on the second. business. day after. the .deposit thereof in .th. nit States
nail, postage prepaid, registered or certified addressed .as hereinafter provided.
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CONTRACTOR AGREEMENT
W ith sun Water solar /AB.D4 -1 o solar loot Dater
All notices, demands, requests, or approvals from contractor to AIWA shall be addressed
to AFIA at:
Housing Authority of the City of Alameda
701 Atlantic Avenue
ALAlvII 'DA, CA 94501-21:61
Attention: "Robert G. l -faun, Maintenance and Facilities Manager
All notices, demands, requests or approvals from AHA to contractor shall be addressed
to contractor at:
Sun Water solar
865 'Marina Bay Parkway, suite 39
FBI CH FIJIOND, CA 04804
Attention: Justin Weil, President
18. RESTRICTION S ON LOBBYING:
This Agreement is subject to 24 C.F. R..87 which prohibits the payment of
Federal funds any person for influencing or attempting to influence... any public officer
or employee in connection with the ward, making, entering r into, extension,
continuation, renewal; amendment, or modification of any Federal contract, grant, loan
or agreement.
9: URBA l:_ t No:FF _MANAGEMENT
The contractor shall avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control,
contractor shall use as little as necessary. C s,t.eps...:necessary to
kee p wash water .ut of the streets, gutters and storm drains.
The Contractor shall develop: and implement erosion and sediment control to
prevent pollution of storm drains. Such control includes but is not limited to:
A. Use storm drain inlet protection devices .such as sand bag barriers,
filter fabric fences, block and gravel filters. (Block store. drain inlets prior to the start of
the rain y season [October 15], in site de- watering activities and savw- cutting activities;
shovel or vacuum save -cut slurry and remove from the site
B, Cover exposed piles of soil or construction .material with plastic
sheeting. All construction materials. must be stored in containers.
C. Sweep and remove all materials from paved surfaces that drain to
streets, g utters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project; the street shall be washed, and the wash water shall
be collected and disposed of off site in an appropriate location.
D. After breaking old pavement, contractor shall remove all debris to
avoid contact with rainfall or runoff.
B. contractor shall maintain a clean work area by removing trash, litter
and debris at the end of each work day. contractor shall also clean up any leaks, drips
and other spills as they occur.
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CONTRACTOR AGREEMENT
With Sun Water SOlar1ABD4-10 Solar Hot Water
The objective is to ensure that the City and County of Alameda County -Wide
Clean Water Program is adequately enforced.
These controls should be implemented prior to the start of construction, up-
graded as required, maintained during construction phases to provide adequate
protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the State's
Best Management Practices Municipal and Construction Handbooks; local program
guidance materials from municipalities, Section 7.1.01 of the Standard .Specifications
and any other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of no.ncomp lance
notices, citations, project stop orders or fines. The fine noncompliance of the above
program is two hundred and fifty dollars ($250.00) per occurrence per day. The State
under the Federal clean Water Act.. can also impose a fine on the. contractor, pursuant
to cal. Water Code §13385.
20. REQUIREMENT TO SPAY PREVAILING WAGES:
Consistent with U.S. Department of dousing and..urban Development and State
of California guidelines regarding payment of prevailing wage rates o.n public works
projects, Contractor. shal.(..comp y. with. all requireme.r is set forth in Labor Code. section
1 770 et seq. The AHA shall require payment of..the general rate of .per diem.. wages. or
the general rate .:of per diem wages for holiday and overtime. work.. Contractor will
submit weekly certified payroll records to the AHA for all employees and subcontractors.
in a preapproved format or an AHA-- provided form. Any delay in remitting certified
payroll reports to. the :.AHA upon request from. the :ASIA tl result in either. delay .and/or
forfeit of outstanding payment to contractor.
21. UTILITIES
Contractor shall pay all charges for fuel, gas, water, electricity, ..telephone
services and any .other utilities necessary to carry on the. operations of contractor.
22. NUISANCE:
Contractor-shall. not maintain, commit or permit the rnainte.nance..or commission
of any nuisance in connection. with the perform .of services under. this Agreement.
23. SAFETY REQUIREMENT:
All work performed under this Agreement shall .be performed i.n ..such a manner
as to provide s.a.fety the.pu.bli.c and to. meet. or exce e.d .the. safety .standards outlined
by CAL-OSHA,.. ASIA reserves the right. to issue restraints or co.ase. and. desi to
Contractor when unsafe .or. harmful .acts. or conditions. are observed .or reported. relative
to the performance of the work under this. Agreement.. Contractor ahal.l.maintain the.
work sites free of hazards.. to... persons and /or property resulting from his or her
operations. Any hazardous condition noted by contractor, which is not a. result of. his ..or
her operations, shall immediately be reported to AHA.
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CONTRACTOR AGREEMENT
W ith Bun W ater Solar /ABD4 -1 o solar Foot Water
24. HO .RS 4F ON
.Contractor shall` allowed operate on site weekdays only between the hours
of 8:00 a.m. and :5:oo p.m. unless prior written approval has been secured from AHA to
do otherwise.
.25. TERMINATION
In the event Contractor hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, c eh8115be. deemed in
default in the perforrnanc of this Agreemen if such :default is 'riot cured w thin a period
of two days after receipt by ContraCtDrryfrom AMA of written r t ce of default; specifying
the nature of such default and :the steps necessary to cure. such default, AHA may
term inate the Agreement forthwith by.giving =to the Contractor .written notice thereof.
AHA shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Contractor as provided
herein. Upon .terrrinaton of this Agreement, each party shall pay to the .other �pariy that
portion of compensation -specified in this Agreement that is earned and unpaid prorto the
effective date of termination.
26. COMPLIANCES
Contractor shall :comply with all laves, state or federal, all City of Alameda
ordinances, and rules and regulations enacted or issued by ASIA.
27. CONFLICT OF -.SAW.:
This A g regiment shall be..interpre ed under, and enforced by the laws of the State
Of California excepting any choice of law rules which may direct the application of Ylaws of
another jurisdiction. 'The. Agreement and obligations of the parties are subject to all valid
lags, orders, rules and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed. with.`.the Courts of the County of Alameda, the State of California.
28. ADVERTISEMENT
Contractor shall not post, exhibit, display or allow to be posted, exhibited, or
displayed any signs, advertising, show bills, lithographs, posters. or cards of any.
pertaining to the services performed under this Agreement unless .prior written approval
has been,secured from AMA to do otherwise.
29. '1 AIVE
A waiver by AKA of any breach of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein whether of the same or a different
character.
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CONTRACTOR AGREEMENT
With Sun Water Solar/ABD4-1 O Solar loot Water
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations. and.
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held 'to vary the provisions hereof. Any modification of this
Agreement will .be effective only by written execution signed by both AHA and contractor.
31 INSERTED "PROVISIONS
Each provision and clause required by law to be inserted Oto..the A
be deemed to be. enacted herein, and .the. Agreement shall be. read.:.and enforced as
though each were .included herein. If through mistake or otherwise, any such provisi on is
not inserted or is not correctly inserted, the Agreement shall be amended to male such.
insertion on application by either party.
32. CAPTIONS:
The captions in this Agreement are for convenience only, are. roof a part of the.
Agreement and :.in no way affect, limit or:. amplify the.. terms or. previsions ..of.. this
Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed
on the day and _year first above written.
SUN WATER SOLAR
JA tin Weil
President
Michael T. Pucci
Executive Director
Page 12 of 12
BJD:. FORM
PRO E. 'T Il`� TAL ,ATi I F A I S I I �I�ILID JF'I MENTAL SOLAR THERMAL SYSTEM AT 920
PARK STREET, A�AMEDA CA
I -p' I. G; TLJFSDAY PT��IBFR "x,_201 o, 00 P, lK AT THE HOUSING
AI�1 ;Ti of IT`'Y.oF F: .CITY 7.' MESA, •7g 1 ATI ,ANTI0 AV1�N JE, I"fLAMEDA, CALIFORNIA.
The unOo*g n having became fa.mIIi,ar with the l000l oandItip and federal requirern.en s. of e oti n .the
east f dr end 1th the equ st for Prpposais, h. reby s�ubm.lts this bid for all work .shown .gin the
contact p clfioa' ions, It Is �undorstpod that the right is reserved by the w Authority to Frej any
an
d:all:blds. If rltte notice. af cept noe f `this b.id is .mailed or.ather�ise ref fired to the undersigned
within JD dais after the opening h reof th un:der.9 goad agrees to execute the delivery of a cont ract. i n
the prescribed form.
2. A bid bond in th amount of five percent (5 of`the b amo i s required as securi for this bid,
s that he/she has �t has not articipated in a previous contract or .subcantract
3. The :bjdd represent a P
sob eot to the equal opportunity Iause presci~1bed .by 'Execut .e orders 10.925, x 1 114 or 1246 (s
excerpts foiav�ring this forty; that helshe has I has not filed ail required compliance reports; and
that representations Ir�Fdicating submission of r6' dji ed co reports, signed by proposed
subcbntrad or 111 be obtain- d prior to :subcontract awards. (The :above representati need not. be
subrnfitted -in connection with contracts or- sdbc tracts, -which are ex clause.)
4. The contractor covenants.`ani agrees that he/she possesses the necessary skill require/ to determine the
adequacy. of the drawings and specifications for the purpose of arriving at the contract price, and that
he /she lease erclse this aklll, acid that-lielshe find- said drawings and specifications fit and sufficient for
the purpose intended.and free from ambiguities.
'.;.e .i..z... :r .—t lS ::.f-:. .E' S _.1`.••s_:.
may: :Z' iii -yam Yi 'i'1 i5 t` '3 —ii. ''3
5, Each. bidder m possess a valid California Contractor's license ire the classification covering the.. work
required by this cont at the dyne of the bid opening date,
PROVIDE PRICING FOR THIS 'PROJECT AS FOLLOWS:
All bidders attest to having examined the Request for Proposals (RFP), i.nelud1ng .the contract ..Specifications
as Modified and the project site, 'Bidders must complete. and subm.lt.this f orm as a part of their bid.
The undersigned proposes tD complete the Scope of Work as outlined in the specifications for the following
amount:
Lump Sum Total, l
ACKNOWLEDGEMENT OF ADDENDA:
Addenda #1 Date,
Addenda #2 Date.
An Alameda Business License, a Performance Bond and a Payment Bond of 100% (or alternative as outlined in
this RFP), and all insurance requirements must be met before the Notice to Proceed can be issued.
Page 14 of 88
rp H
The penalty'fAr making %false statements in pf f e
The foilowinp are eh oe rpts from Executive Orders 1 0925, 1 1114 -and 1 1246
c flue Order
s .0omm"ftep.a ~el�q.t lf��r pl ,yment =,l �ppor y
This Executive Order established the Presidentis Oommlttee on Equ Employ .opportunity, It outlines
obligations under .governwnt contracts and subc It'inolude the, following prcvlalons:
The contractor vlil n dleprir i at n t_ an y= employ pplloant. for �e p oy ent eoa of rape,
creed, °colors ria�tienal origln.7he o ntradt or -W il;atake =e firm tives n to ensure.thtat pp(Icants a.re empipyed,
an d that errs ploy es are #mated °dt rin erg ployment, without regxd to their. race, creed, color,. or- national
2) 'The contractor will, in all solioltatiens or advertisements for employees pl ace d by or on beha of the
oontractor; stcte .that all qualified applioants will receive consideration for employ nent. wltho.ut regard to race,
creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers ►withrhich he :has a..coliecfive
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the said labor union or woPkers" representat Ye. of. the. contractor's. commitments under this
section, and shall post .copies of the notice in conspicuous places available to employees and. applicants for
employment.
Executive Order 11 114
Extending the Authority of Pre§ i 's CvMm1ttee on .Equal .Employrr .ent Opportunity
This Executive order ,amends the previous Executive order to clarify the authority of `:the P re si 's Committee
on Equal Employment= Qppoq'u nity.
m r,: ,.ice •..+1.' -x r' l "4 :y:.' :d! :ti 3fF: .':Me _v ri r
Section 301 of Executive order No. 1 0925 ofVarch 6, 1 is amended -to. read: E xcept in cont .exernpted
in accordance with section 303 of this order, all Government contracting agencies. shall ..include In every
Government contract hereafter entered :into the provisions that are shown in the Housing Authority's standard
contract.
Executive Order .1 1246
EEO and Affirmative AC;tian .Guidelines :fDr Federal Contractors Regarding .ace; Gvfvr, Gender,
Religion, and rational Origin
This Executive order outlines the affirmative action guidelines required for contracts involving federal funding,
Each Government Contractor w ith 50 or more employees and $50,000 or more. in. government co is
required to develop a written affi rmative action program (AA P) for each. of its estabiishrn ants
A written affirmative action program helps the contractor identify and analyze potential problems in the
participation and utilization of wom en and minorities in the contractor's workforce, If there are problems, the
contractor will specify in its NAP the specific procedures it will follow and the. good faith efforts it .will ma ke..to
provide equal employment opportunity. Expanded efforts in outreach, reUrultrnent, training and other areas are
some of the affirmative steps contractors can.take to help members of the protected groups compete for jobs on
equal footing with oche~ applicants and employees.
Page 15 of 88
f .3 y m y s I certif that, If awarded
j,p herowndor, asthe Oontraolor, purs.want to Labor C�ode
b n1t, r "t b.a wel o n the ,o n 0 or ne dlb'Bid, theQ.ontra0t
'th` '1�hor -or servioes to �e
er fl e
'f d pegu i�.j-ons g overn ng
c6M' WIth, oil �ap� 10b, I) �to e Md'.. e a am or
P.
provided, I understand thal the Authority it 'be relying on this oert1floOtion If 11 swards the Contraot to the
undersi fi ned
Name of QQM MY Phone:
I
address of Compan
SignAre of Authorized Representative
�us�in r�%;� Pic s �d en
Printed name of Authorized Representative
�6 t�� _S 7
CA Contractors License and expiration date
END OF DOCUMENT
Pa 16 Df 88
SCOPE of WORK AND SPECIFICATIONS
PART 1 GENERAL
1.01 DESCRIPTION
A. This is a turn -key, design /build project to add a fully operational, closed loop, solar thermal system to
the existing domestic wafer heating system at 920 Park Street in Alameda California.
B. The system shall be selected and designed by the contractor to .provide the specified performance
requirements in the most c ost optimu m fashion. Acceptable design .options are described below. They
may be used by the contractor, or an .alternative approach of similar or better quality and performance
may be selected. When there is doubt about the. acceptability of: an alternative design, the Contractor
shall. seek approval from the Engineer during the bid period. (Any inquiries offer than those regarding
scope will be kept confidential.)
C. Performance Requirements
1. There are no other contractors working on this project. Hence all work that is required shall be
performed by the contractor, including but not limited to the following:
2. Demolition
a. Rigging
b. New equipment
r ri rn,�n S i rnnnr+c
c. gkAI I I 1Vl 14. S' F V %.11 L%.'
d. All roofing work, including waterproofing
e. Seismic calculations and :restraints
f. Electrical .poorer wiring, disconnects, etc, for new .work
g. All .required. permits. and perrnit.fees.
3. 70 %..solar. fraction
a. Assumptions
1) Housing Building is 3 stories tall and includes 55 apartments
2) Apartment units .have .one bathroom .and one. kitchen. each. Kitchens do not have
dishwasher. There is one. laundry facility with three clothes washers.
3) 65 units 25 gallons /day of DHW
4} Sul" icien� -�slrorage;capac��Fy= far:gi�en_ panel design;and;solarfraction
4. The collectors shall go on the roof. Both building: roo ;are available.
5. The storage tank shall be located on the ground in the location specified below.
See associated structural en q ineerin g s ecification and detai1: for. the: tank mou nti ng pa d.
W6b accessi e rnon oring Sys ern as descr below
7. Tempera controlled mixing valve fa insure supply grater tc. fixtures. does not exceed setpoint.
8. Freeze protection as necessary for proposed system type
9. Water Distribution Systems:
a. Prescriptive Approach;
a
1} Pipe Sizin
3
2) Devices: Design pressure drop shall not exceed the following:
a) Heat exchangers; 15 feet
Performance Approach': equivalent pump energy design
Pipe
Size
Solar Hot Water
GPll�
'112
2.3.
314
59
13
'1 14'
22
1- 112
35
2 11
I
50
11
75
3"
'12B
126
Page 70 of 88
o. Basis of Design Calculations
a. See Figure 'I
1. Design System Diagram
a. See Figure
D. Basis of Design
The basis =of design includes the following:
a. Solar Flat -plate collectors
b. Storage tank
c. Balance` System equipment including expansion tanks, pumps, and heat- exchangers.
E. California Solar lnitiative Thermal Rebates
All ;eligible contractors-shall: have completed the California Solar Initiative-.Thermal Program
,Contractor Participation Application and be currently listed as an eligible contractor with the
Fnergy'Commission. -See link below:
htt :1 /www. osalarcalifornia.or l rofessionals /contractors. h
1.02 DEFINITIONS
A. Array: A mechanically integrated assembly of collectors, together with plumbing connections, valving,
support structure and foundation.
B. Azimuth angle: Fora surface such as a sloped roof, project a line that extends perpendicular from the
roof onto a horizontal .plane. The angular deviation of this projection from the local meridian (north
-south line) constitutes .the surf=ace azimuth angle. Due -North is. zero azimuth.
C. BOS (Balance -of- system') equipment: All equipment for a fully operating: a`nd code compliant solar
thermal system excluding the collectors storage tanks. (i:e. 'Expansion 'tanks Pumps, Heat
Exchangers)
D. Collector: A device designed. to' absorb radiation from the sun and transfer this .energy to a fluid which
.passes through the collector: E. Controller: A device designed to monitor temperatures at various locations control flow through the
activation of pumps.and outp ut` BTU production.
F. l nsolation::5uniight, :direct .and/or.- diffuse..(not :to :be. confused with. insulation) The integrated intensity of
Sunlight reaching a' -given area;: usually expressed Jn watts per square meter. per day. This
measurement may be used to express the average amount of 'solar energy falling on. different regions
of'the country.
G. Magnetic declination: The difference between true north .(the axis around which the earth rotates) and
magnetic north (the direction the needle of a compass will point).
H. Solar Fraction: The proportion of hot water heated by a solar thermal system compared with total hot
water use on an annual basis., expressed as a percentage.
1. Thermistor: Type of resistor whose resistance varies with temperature for use with Controller,
J. Tilt Angle: The angle of inclination of a solar collector measured from the horizontal plane.
1.03 SUBMITTALS
A, Product Data:
1 Submit product data for solar thermal system components,
a. Collectors: Include information for production values, SRCC OC100 rating, hardware, glass
treatment, sealants, accessories; and other required. components.
b. Tanks: drawing detailing insulation value, :tank type, structural. connection, and all
necessary ports for plumbing connections to domestic. water .and solar, temperature
pressure relief valves, and thermistor ports.
Page .71 of 88
D. CLOSEOUT SUBMITTALS
1 As-.built.. drawin
2. Operation and Maintenance Data: Submit.contr pri .reco operation and
maintenance data. Include servi sched u I& and.. g l y col. disposal a e
proce. u s.%
3. Warranty: Subm'it specified rproduct warran in ac.,cordance with this socti.on.
E. CONTRACTOR PROPOSALS
1. Contractor shall visit site prior to bid. Asce..rta.in:and check all conditions.and flake all
measurements that ma affect the work. Drawin provided.with this specift2tiOn are to be
used -at Contractor's risk; drawin are.schemati.c. and or ma n may 01 be drawn accuratel
No allowance shall subse be made for
an y additional :expenses or claims due to the
failure or ne under this section to -make such examination, including examination of
restricted workin conditions or such other -difficulties that can be visuall observed durin
site visit.
2, s ubmittin a price, B Contractor g uarantees that the proposal is complete and 1urn-ke
except where specific exceptions are provided herein or clearl noted in the Contractor's
proposal.
3. Prior to bid, Contractor shall coordinate use,of premises and downtime periods with buildin
mana Price shall include an overtime re for this project.
4. This project re pa of California State Prevailin Wa
5. Proposals shall include:
Pa 72 of 88
a. Total price
b. Description .of rigging and installation plan
c. A preliminary schedule of equipment, including collectors, pumps storage tank and heat
exchanger
d. Description of equipment support and waterproofing. plan.
e. A preliminary schedule of installation ..including .fina.l date of .completion.
f. Any exclusions in addition those aIready:clearly �excluded in these specifications, Do not
..exclude anything that is obviously required for the project; this is a turn key project. Do
not repeat exclusions .that are already clearly listed in these speifications.
F. USE CF PREMISES
contractor�shall become fully informed of, and -shall fully comply with, Q rner's site security and
hand icap -ped :accessibili�y::requirements .and..provisiflns.
2. Contractor. shall limit the storage of materials and ;eauiprnent;on to specific areas approved
by Qw ner.
3. All workxthat= has the potential for. interrupting building usage, utilities e.g. DH1I11, electricity
and/or maintenance services ,shall be. coordinated with Owner. This .includes cutting -and drilling
work from which dissipated noise and'vibration may disturb building occupants.
G. WARRANT'S
1. Furnish standard solar thermal flat ..plate collectors and components providing manufacturer's
limited warranty of 10 years minimum.
2. Furnish storage tanks covered by manufacturer's warranty for.m of one year.
3. Provide one year warranty for waterproofing of new root penetrations.
4. Provide a z minimurn of a `full one year warranty against:breakdown or degradation of: system
output. The warranty.sha)l cover the full parts and labor cosf.Of repair er.replacement of
defective components or systems for a period of one year `from the date of acceptance by the
owner
5. Any defective materials or inferior workmanship during installation andlar the warranty period
shall .be corrected immediately without additional cost to the Owner:....
PAIN :2 PRODUCTS
2.01 MANUFACTURERS
A. Basis of Design Flat- Plate. Collector:
1. Heliodyne Gobi 410: http= llwww.heliodyne.com/
B. Basis of Design Storage Tank Manufacturer:
I. Hanson Tank :.htt /www:hansontank.us/
C. Basis of Design Expansion Tank 'Man ufacturer:
Amtrak http: /W.W W.2mtrol.com/
D. Basis of Design: Pump Manufacturer:
.1. Grundfos: htt :ll w. rundfos.com
E. Basis of Design Heat'Exchanger Manufacturer:
1. FlatPlate: http
F. Basis of Design .Controller:
Heliodyne Delta T Pro: http:/Iwww,
Page 73 of 88
2.02 Basis of Design EQUIPMENT
A. General
1. Al materials, fixtures, :and .equipment required for the Work shall be new, of first class quality,
and shall be furnished delivered erected; connected and finished in every detail, and =shall be
selected and :arranged as into the building spaces. Where no. kind or
quality .of material is :given,;a first class standard .article as approved ,by the Construction
Manager and Architect shall be ?furnished:
2. All equipment. shall be installed per the.. manufacturer's instructions.
3, All equipment shall be.approved for.use :by the authority having` jurisdiction and any applicable
incentive programs.
4. Provide -all equipment and accessories needed complete, secure, operational solar thermal
system.
5. The basis of design uses flat plate collectors. At the contractor's option, a system design based
.on evacuated tube collectors shall be-
B. Flat ,plate collectors
1. Quantity, 32`.collectors
2. Shall be Hellodyne Gobi 4 0 selective:sputter flat zplate collectors
3, Shail. new, undamaged, anal fully warranted without defect.
4. Shall be SRCC certified with an OG1.o'0 rating flat -plate collectors.
5. Shall %have. at least a maximum operating pressure of 1`50 psi.
6. Shall have a wind load certification of. at least psf.
C. Solar Storage Tanks
1. Shall 'be'glass lined.
2 Stec l have R:16 insulation, externally applied polyurethane foam with weather protective coating.
3. For :Basis of Design: 1;`g00 gallons
4. ST -1 Shall have at least(2),'2-.112 outlets, i12} 3 sensor wells, ",,Port for TPRV, 1-1/2"
drain, and opening for inspection.
5. ThE :_pre_approved location for -the tarok is: between the walkway and .the :propert-y.1ine fence at
h east corner of Ftr~e ro b
the sa.ut ea p ert and ehind the fence acing oti Drive See Figure 5.
D. Expansion Tanks
1. Bell Gossett, Arntrol, or. equal
2. Bladder type and certified for potable water use
3. Size of units,perrthe manufacturer'-s installation guidelines
4. Provide (1) tank for the circulated, 120 degree F hot water system, resized to accommodate the
volume of the new storage tank
5. Provide (1) tank for the ciosed solar collector loop
6. Shull have at least a max operating pressure of 150 P Sig.
7. Shall have at least a .max operating temperature of 240T for solar side and 180 °F for domestic
side. Y e
E. Thermostatic Fixing Valve Assembly
1, Leonard TM- 920- RF-- IT -DT, or approved equal, High Low Thermostytic fluxing Valve System,
large and small water mixers, solid bimetal color coded dial, locking emperature
regulator handle, adjustable high temperature limit, stop; inlet .check stops, outlet ball valve and
rough bronze finish, with a capacity of 90 G.P.M. w ith a ma cir um pressure. loss. of. 5PSI. Unit shall
operate with cold dater and 1'50 degree F hot inlet water and deliver 1.20. degree F outlet water.
Materi21S composition shall conform to California AB 1953
2, Provide strut channel assemblies with backing for wall mounting....
Page 74 of 88
F. Pumps
1, Grundfos, Bell Gossett, or equal
2. Meet collector. manufacturer requirements for flow rate.
3. All bronze incline, complete with mechanical seals, resilient mounting, and flanged connections.
4. For Basis of Design components:
5. P_ I eTank :Side :PUn.p: 1 5'0 GPM, 20' head
a. Grundfos `UPS53 57F `Pump
6. PM2, .Collector Side Pump: 50 GPM, 30' head
a. Grundfos UPS75 69F Pump
G. Heat Exchanger
1 Shall be double- walled .appropriate for domestic hot water applications.
2. Shall be sized to operate at_A20 °F .frorn DHW side inlet to solar side inlet,
3. HX_rj Flateplate /Gea Phe DW1.N20_110
H. Piping
1. Type "L" copper tubing and wrought copper sweat type fittings per ANSI B1 6--22, ASTM B.813
and ASTM B =828. Solder shall be lead free.
I. Strainers:
1. Watts, or equal
2. Bronze "Y-- pattern" body to match piping material
3. Perforated -Monet screen, size of perforations to suit service
4. Provide valve with hose bib. adapter with cap for all strainers
5. Provide'strainers the inlet to all. hot water. circulating pumps.
6. Provide strainer at .the ;inlet side ofeach reduced pressure backflow preventer
7. Provide strainer at the inlet side of each water pressure regulator
J. Gauges:
I Fixed :gauges:
a Provide "ixed :temperature gauges (Weksler. Type.:AF) at the water- heater outlet
b. pressure.. u pstream and dpnrnsream of etch eater pressure re- ulatar
K. Check Valves for Domestic Water:
1 Watts, Milwaukee or equal
a. Unleaded :bronze
L. Water Shut -off Valves:
I Ball valves
a. Watts, Milwaukee 0r equal
b. Bronze, full port
c. Extended neck model for all insulated lines
M. Controller
Heliodyne Del a Pro. or equal
2: Must be a. tempera ture.d ffercntial controller
3. Must. have a "vacation'' .setting.
4. Must have an. integrated BTU. meter.
5. Must be capable of monitoring temperature at the following locations
a. Collector Gut
b. Storage Tank Low.
c. Storage Tank High
d. BTU Meter Temp
e. Outdoor Air
6. Must be capable of monitoring pressure and flow
7. Must be capable of transmitting data to .server for web enabled access.
8. Use manufacturer's recommendations for temperature and flow sensors,
Page 75 of 88
N. Flow dieter
Shall be Grundfos VFS FLOS 053 vortex sensor sized for final design flow rate.
2. Shall incorporate a temperature sensor
3, Shall have an output signal matched to control unit input
0. Calibrated. Balancing `Valves
1. Combination balancing and shutroff
2. Calibrated .name.. plate and adjustable. memory stop
3; Capped readoutvalves
4,
P. formed insulation
5. O d ifferential press read -out meter for all valves i n system
6, 2. inches and smaller
a Brassbogy
b. Sddered= 'er'th read ed ends
c. Teflon seats
.d. 25O pounds per square inch at 250 degrees Fahrenheit
7. 2 1 f2 inches and :larger
a. Ductile ar cast Iron body
b. Flanged or Gro --end
c: 75 pounds ;per:square: inch at 25.0. degrees .Fa
8. Deices using Venturi `fl meter not acceptable due o propensity for clogging and ease of
p tti n gN al ve in Wrong :location}
9. Bell Gossett type B, Armstrong type CBV, or equal
.10. Used` o y =f or flow measuring during testing and :balancing.
P. lei o u nti n g. System:
Shall. be a Heliogyne _tilt --up rack or-equiv
2. Shall a to: building structu`re'to withstand wind and seismic loading.
3. Shall be isolated for connections with dissimilar metals,
4. Hardware shall:be stainless ste anad.ized aluminum, or of.equiva co rr osi on. resistance. 'It
e :coo :s near a an. is a:A ui u canon =wo:o on x: q sti' 24
an
x .ro
f%
0
:g
foists' 6" 06C.). Archkec
tural and structural drawings are available .in electronic format upon
request.
6. All anchors shall be anchored to 2x.1 2 stripping.
Q. Copper.. an I n su lation
1. U.Ness otherwise noted, @II copper Pipes. shall be type L,
2. Insulate all pipes, fittings, valves, heat exchangers, etc.
3. All piping Insulation to be 3 thick minimum
4. Exterior insulation to be closed cell. rubber type insulation
5. Pill insulation to,be rated for 300 °F
6. Aluminum jacketing required for insuIation. exposed. to direct sunlight.
91
S.
Heat Transfer. -Fluid
1. Transfer fluid should meet manufacturer's recommendations
2. Anti- freeze fluid to be Nontoxic Glycol
3. Anti freeze fluid working temperature to be -50OF to 325 °F
40 Recommended disposal- protocol to be provided
5. Shall be DDVVFRQST HD
Safety Relief Valves
I Size: ASIA F Code
2. Slm'ilar to Watts No. 740
3. Adjustable
Page 76 of 88
T. Thermometers
1. Weksler, Ashcroft, or equal
2. Stainless steel construction and range -of 30 OF to 240 OF
3. Use insertion wells
U. Insulation
1. Certainteed, Owens Corning, Danville, Knauf or .equal
2. Insulation shall:
a. Meet mold, humidity, and erosi resistance requirete -of=GMC`Standar-d-
b. Have flame spread nat more ,than:2� :and smoke density:. :of snot more than 5o w hen teste
as a composite installation per::C -M 504:3
3. Exposed insulation:' Insulation exposed to weather shall be -protected :by a smooth o r c orrugated
aluminum jacket or�colored plastic jacket for outdoor installation, m i n imum 0.015 inch
thick, secured 3" on center, overlapped at joints and sealed watertight.
4. Piping:
a. Interior hot water. (supply and return.)
b. Fiberglass Molded pipe insulation with all service jackets.
c. Insulation inserts required .for all pipe =sizes
d. Thickness for hot water piping shall be per Title 24 requirements.
e. .Fittings:
1 Domestic Hot Water. Piping: Fittings on pipe over 12" shall: be, insulated with
fiberglass and finished with one. piece PVC fitting cover �Zeston). Valves, flanges and
irregular sufface two. inches and:over sh "be insulated with over :sized pipe
covering -with ASJ jacket. Exposed ends shall be finished with four vas
jacket saturated in Arabo.
a) Moistur -e barrier adhered to inside face
b) Longitudinal seams .an :,bottom
f. Secure to insulation Frith ',aluminum or stainless steel bands
V. Substitutions
stituted, n�at substifiuted ui mbnt, o nstaiiatia.n chart -es: rr ust .be .submitted
by q p g to the
owner's representa for evaluationand approval prior tc installation or implementation on the
jab:
Any substituted equipment install -without the approval of the owner's represen shall be
removed and replaced with acceptabie matera with out cost to thercowne� :`�artractor'is
responsible for_ providing any additional work or adjustments caused. by: substituted equipment
needed for compliance or proper operation :at'no cast to.the owner. Approval :a subtr�ittals does
not relieve the Solar Contractor:of :this responsibility.
PART 3 EXECUTION
3.01 INSTALLATION
A. Locate solar thermal array as shown on ,schematic and approved shop drawings,
B. Install solar thermal system in accordance with manufacturer's printed instructions, local code
requirements, and approved shop drawings.
C. Install operational solar collectors in a location and manner to. ensure .maximum unobstructed, direct sun
exposure,
D. Allow for expansion and contraction due to thermal changes and structural movernent.without detriment to
appearance or performance,
E. Provide and install all equipment including solar collectors, racking, storage tanks, pumps, heat
exchangers, and BOS equipment.
F. Connect electrical components to the existing electrical system in a code compliant manner.
Page 77 of 88
G. Install collectors in reverse return arrangement with no more than collectors per array.
H. Provide feed and return piping between arrays on roof.
1. Provide piping betwv.een storage tanks and BOS components in mechanical:room.
J. Provide connections'to domestic hot water system.
K. Insulate all piping and :jacket. exterior piping.
L. Qharge system w1 heat transfer`fluid.
M. Perform installation sand setup of controls.
N. Coordinate web interface with owner.
.0. Fall arrest:protection -per OSHA 1926 Subpart'M:shaII be provided for all reef work.
3.02 ADJUSTING
A. Test :and`adjust operating functions in accordance with manufacturer's instructions to ensure smooth
operation.
3.04 Fquipmen :And Piping Identification
A. Equipment:
1. All..plumbing equipment shall be identified 'by nameplates securely, fastened in a clearly visible
location to the equipment housing or frame, Nameplates :shall include the equipment design plan
nark and brief de criptio.n of the area or system served, such as; "Domestic Hot grater Circulating
Pump 9t1 Street Addition `Nameplates shall be 2 -112" x 314" minimum, either 1/16" thick Bakelite
with engraved white core letters and beveled edge, or aluminum with black enameled background
and etched or engraved natural aluminum lettering
Z Manufacturer's nameplate shall be clean and legible and installed in a clearly visible location.
B. Piping:
I. Identify piping with symbol identification, pressure zone, system pressure, direction of flow arrows
and specific pressure zones, complying with ANSI A 13.1 color standards.
2. Identity piping at appro irnately,2'5' centers where unconcealed, Concealed piping above
inaccessible ceilings shall be identified..at each access :panel. Concealed piping above accessible
ceilings shall be identified within 1 feet of each wall penetration (both sides of wall-S).
3. There capped piping is provided for future connections, provide legible and durable metal tags
indicating symbol identification.
Page 78 of 88
4. Printed labels with colored background and attaching strap: Seton, VV. Brady, or equal,
5. Apply in accordance with manufacturers instructions
3.05 CLEANING
A. Contractor shall clean up all debris resulting from its activities daily.
B. Materials stored on -site shall be stored in an orderly manner, neatly stacked, or piled in the designated area
assigned by the owners representative.
C. At the completion of work in any area, the Contractor shall clean all of Its work, equipment, etc., keeping it
free from dust, dirt, and =debris, =etc.
D. Clean surfaces in compliance. with manufacturer's recommendations; remove excess .mastic, mastic smears,
foreign materials, and other.unsightly marks.
E. Glean metal surfaces exercising care to avoid damage.
F. Clean energy generating surfaces of the solar thermal collector to ensure no. obstructions block sunlight.
3.06 COMMISSIONING
A. Prior to commissioning ensure solar thermal .system has passed and received final inspection. certificate
from authorities having jurisdiction and local utility.
B. Provide training to designated Owners representative.
C. Ensure the installation has been performed in accordance with local codes.
Q. Provide suitable tools and equipment for commissioning.
E. Provide commissioning certificate to Owner...
NGENTIVE? P,R0GRAMS..
A. Provide solar thermal system including design and installation that complies with eligibility: requirements for
solar thermal system owner to receive incentives, rebates, and tax credits from sources such as federal,
state, and utility services providers.
B. Provide adminis.tra ion services far. any applicable rebate :programs including completing rebate applications,
providing necessary backing documentation, and facilitating final inspections.
3.08 PROTECTION
Protect finished work in accordance with this section.
END of SECTION
Page 79 of .88
FIGURE SAS 1 017 DESIGN CALCUALATIONS
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Page 80 of 88
FIGURE 2: DIAGRAW0F%CONN.EC.Tl OF :NEW i-SOL:AR THERMALDOMESTIC HOT WATER
COLLECTION SYSTEM TO AN [EXISTING GAS60FIRED DOMESTIC HOT WATER SYSTEM
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Pa 81 of 88
FIGURE 3; PROPOSED HORIZONTAL OR.OUNDMOUNTED MOTMATER STORAGE TANK
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Page 82 of 88
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Page 82 of 88
FIGURE 4: PROPOSED HORIZONTAL GROUND MOUNTED HOT WATER STORAGE TANG LOCATION
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Page 83 of 8.8
Page 85 of 88
Page 86 of 88
Recover Water Teak Support Slab.'D
B'ASELKE DESI.GN'S, IN-C. 1504,'Rd-k' st -r bt' ,sui Alomeda, CA :94501
Civi c _'Sitructurol En Tel: (5:1 O) '86.5
865-4704
De8i, Plannin Investi in i I Address:' b-osellin-ealam
(E) FEN
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PROJECT: 92C PARK STREET, ALAMEM, CA 94501 'BY: DATE:
WATzER TANK SUPPORT DESIGN CRITERIA SW/VTW 07— 13-10
REV.: REV.: PR-.()JEC-.'F PAGE:
100101
END OF DOCUMENT
Pa 87 of 86
SITE...MAP
Otis Drive
4-1
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le
cu
END OF DOCUMENT
Pa 88 of 88
GENERAL CONDITIONS OF THE CONTRACT'FOR.CONSTRUCTION
3efinitions
y y a Ar.cl�itect' or ``A1� means the person or other entity that may be engaged b AIWA to perform
architectural, engineering, design, and other services related to the work as provided for n the contract.
When AIWA uses an engineer o act in this capacity, the terms "architect" and "engineer shall be
5 n rr] The Architect sh serve as a t ec hnical represe ntative of the Contracting officer: The
y
Architect's author ity i5 as:5et`for h e l sewh ere in this contract.
b "Claim," means -a written demand or written assertion.. by: e of the .contracting parties seeking, as a matter
of 'right, the payment of money in a sum certain, the ad j ustrn ent or i nt erpretation of contract terms, or other
01 relief arising under or relating to the contract. A claim arising under :the contract, unlike a claim relating to
the, contract, is a claim .that can be res olved und er a contract Clause that provides f th r elief sought by the
claimant. -A voucher,` invoice, or other routine requ f payment =th is not in dispute when 'submitted is
not :a claim.
C) "Contract" means the contract entered into between :thee AH and the Contractor. It includes the forms of
Bid, the 'Performance and Payment Bo or Bonds or othe assurance. of com pl etion, these General
Conditions of the Contract for Construction, the applica wage rate det and any special
conditions included elsewhere in the contract,. the specifications, and drawings. It includes all formal
changes to any of those documents by addendum, change order, or other:rnodification
g
(d) C ontractin officer" means the person delegated -the authority by AH to .enter. into; administer, andfor -11 G
terminate this. contraet and deslgnafied as such inrritirg to :the Contractor: The tern includes any. successor
Contracting Officer and any duly auth representative of the Contracting pfficer also designated in
writing. 'The Contracting Officer shall be deemed the authorized agent of AHA :in :all dealings with the
Contractor.
(e) C ontractor" means the person or other entity entering into the contract with the AHA to perform all of the
work required under the contract.
s described :in the contract
f): "'Drawings means :tithe dray ings` cif any} containe d in ;th p5pecifications fond a
clause.
g "HUD" means the United States of America acting through the Department of Housing and Urban
Development .including the Secretary, or any other person designated to act on its behalf. Notwithstanding
HUD's role, nothing in this contract shall be construed to Create a c relationship between the
Contractor and HUD.
"Project means the .ent ire proiect, w hether construction o r reha b ilitation, the w or k for which i pro vided for
in whale or -in. p under. this. contract:
11AHA" means the Housing Authority. of the City of Alameda organized under applicable state lauds which is
a party to this. contract.
J) "Specifications" means the written description of the technic requirements for construction and includes
the criteria and tests for determining whether the requirements are met.
k "Work" means materials; workmanship, and ma nufactu re an d fabricatio of components of the Project.
Request for Information ("RFI"): A d prepared by Contractor requesting information regarding the
Project or Contract Documents. The RFI system is also a. means for the AHA to submit Contract Document
clarifications or. suppiements to .contractor.
(m) q p
Request for Proposals "RFP A document issued by AHA to Contractor whereby AHA may initiate
changes in the work or Contract Time as provided in Contract Documents.
(n) site: The particular geographical location of work performed pursuant to Contract Documents.
Page 37 of 88
2. Contractor's Responsibility for word
(a) The Contractor shall furnish all necessary labor, materials, tools, equipment, and transportation necessary
for performance of the work. The Contractor shall also furnish all necessary water, heat, fight, and power not
made available to the Contractor by AHA pursuant to. the. clause. entitled Availability and Use of Utility
Services herein, As part of the work, Contractor shall provide all labor, materials, equipment machinery,
tools, facilities, services, employee training and certification, hoisting facilities, shop drawings; storage, testing,
security, transportation, disposal, the securing of :all necessary or required field dimensions ..the. cutting or
patching of existing materials, notices, documents, reports, agreements and any other items required or
necessary to timely and fully complete Work described and. the results intended by Contract and
in particular, Drawings and Specifications. The contractor will be responsible for pulling permits.
Contractor shall at all .times .be deemed an independent contractor. :Divisions and sections of..5peoif icatians
and the identification on any Drawings .shall not control Contractor in dividing work among Subcontractors or
suppliers or delineating the work to.be performed by any specific trade. Contractor shall be responsibfe'for all
construction means, methods, techniques, sequences and procedures. 'The Contractor shall coordinate
work of various subcontractors, crafts, and trades. as necessary to perform the Contract. All
communications regarding subcontractors work shall be through the Contractor. No Subcontractor shall
initiate direct contactor communication with the AHA or Architect.
Contractor shall perform reasonably implied parts of Work as "incidental work" although absent from
Drawings and Specifications. Incidental work includes any work not shown on Drawings or described in
Specifications that is necessary or normally .or customarily required as. a part of. the Projec.t..s.hown on
Drawings or described in Specifications. Incidental work includes any work necessary or requireda make
each installation complete, satisfactory, legally operable, functional, and con nsiste With the i ntent of
Drawings and Specifications :or. the requirements. of Contract Documents i re qu i re d t ask s t be
performed under the specifications. Contractor shall perform incidental work without extra coat to AHA.
Incidental work shall be treated as if fully described in Specifications and shown on Drawings; and the
expense of incidental work shall be include in price bid and Contract Sum.
(b) The Contractor shall perform on the site, and with its own organization, work equivalent to at least 1 percent
unl otherwise :indicate -of thoY °fatal amount of work jo be °performed under �_tho. order. 'This ..percentage
may be reduced by a supplemental agreement to this order if, during performing the work, the Co ntractor
requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of
the AHA.
(c) At all times during: performance of this. contract and until the work is .completed and acce pted, the Contractor
shall directly superintend the work or assign and have on the work site a competent superintendent who is
satisfactory to the Contracting officer and has authority to act for the Contractor.. Contractor shall assign a
competent, full. time superintendent to this work who shall be. at the job. site.. at all tires work is being
performed. The superintendent shall represent the Contractor in his/her. ahs all directions. given to the
superintendent shall be as binding as if given to the Contractor. The Contractor and `its superintendent shall
give efficient supervision .to the work, using their best skill and attention. They shall carefull y and
compare all Drawings, Specifications and other instructions and shall at once repo to the AHA any er r or,
inconsistency or omission which they may discover. The Contractor shall furnish the name of his
superintendent .to :the AKA at the Preconstruction Conference. f. any.change is .made during the -pr .ogress of
the work, the Owner shall be notified in writing,
(d) The Contractor shall be responsible. for. all damages to. persons or property that .occur.as a result of the
Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the
workers, the public, and the property of. others. The Contractor shall also .be responsible fo r the security..of
the tenant's property.. The Contractor. shall.. hold and save. the AHA, .its officers and agents, free a nd
harmless from liability of any nature occasioned by the Contractor's. performance. The Contractor sha ll also
be responsible for all materials delivered and work performed until completion and acceptance of th en tire
work, except for any completed .unit of work which may have been accepted under the contract.
Page 38 of 88
(e) The Contractor shall lay out the work from base lines and bench marks indicated on the drawings and be
responsible for all lines, levels, and measurements of all work executed under the contract. The Contractor
shall verify the figures before laying out the work and will be held responsible for any error resulting from its
failure to do so.
f} The contractor shall confine all operations .(including storage of materials) on AHA _premises to areas
authorized or approved .by the Contracting Officer.:.
(g) The .Contractor shall at all times. keep.. the work :area, including storage areas, free from accumulations of
waste materials. After completing the: work and before Yfinal. inspection, the Contractor shall (1) remove from
the :premises all scaffolding, equipment,' tools, and materials. (including rejected. maferiaIs) that.: -are: not :the
property of the -AHA and all rubbish caused by its work; (2) leave the work area in a clean, neat, and orderly
condition satisfactory to the Contracting Officer; (3). perform. all specified tests; and, (4) deliver ;the
installation in complete and operating condition. contractor is precluded .from using AHA waste disposal
du psters.
(h) The Contractor'.s .responsibility will terminate. when all work has been completed, the final inspection made,
and the work. accepted by .the.. Contracting Officer.. 'The Contractor. w..iil then. be released. from further
obligation except as required by:-the warranties specified elsewhere. in the contract.
3. other .contracts
The AHA may undertake or award other contracts for additional work at or near the site of the work under this
contract, 'The Contractor.. shall fully cooperate with the other contractors and with AHA employees and shall
carefully adapt scheduling and performing the work under this contract to .accomm.odate :the additional work,
heeding any direction that may be provided .by the Contracting Officer. The Contractor ..shall not com rn it or
permit any act that will interfere with the. performance of work b.y an.y other contractor. or by AHA .employee .s.
4. Preconstruction Conference and Notice to Proceed
(a) Prior to the commencement of work, the ..Contractor shall attend a preconstruction conference with
re resentat ves of the` AHA its Architect and other interested artJes'canvened` b fihe AHA; The ccnfere o
p p y n e.
will serve to acquaint the participants with the general :plan.. of the construction operation and all other
requirements of the contract. The AHA will provide the Contractor with the date, time, and place of the
conference.
At the Pre Construction Conference, Contractor. shall produce for review with the ARIA its initial draft form of
Schedule of values and Progress Schedule. Contractor shall secure the attendance at the: Pre- .Construction
Conference of its listed subcontractors, major 'suppliers, its job superintendent and scheduling personnel.
Agenda will include, but not be limited to; the following items.
1 Labor Compliance requirements
2. Personnel and vehicle permit procedures
3. Use of promises
4. Location of the Contractor's on -site facilities
5. Security
6, Housekeeping
7. Submittals
8. Inspection and testing procedures, on -site and off --site
9. Utility ahutdown procedures
10. Control and reference point survey procedures
11, Injury and Illness Prevention Program
12. Contractor's Initial Schedule
13. Contractor's Schedule of Values
(b) The contractor shall begin work upon receipt of a written notice to Proceed from the Contracting officer or
designee. The Contractor shall not begin work prior to receiving such notice.
Page 39 of 88
5. Construction Progress schedule
(a) The Contractor shall, within five days after the work commences on the contract or another period of time
determined by the contracting Officer, prepare and submit to the Contracting Officer for approval three
copies of a practicable schedule showing the order in which the Contractor proposes to perform the work,
and the dates on which the Contractor contemplates starting and completing the several salient features of
the work (including acquiring labor, materials and equipment), The schedule shall be in the forrn...of a
progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion
by any given date during the period. If .the Contractor to submit a .schedule within the time.:prescribed,
the Contracting officer may withhold approval of progress payments or take other remedies. under.'the
contract until the Contractor submits Ythe required schedule.
M The Contractor :shall enter the actual progress on the chart as required by the Contracting Officer, and
immediately deliver three copies of the annotated schedule `to the Contracting Officer. If the Contracting
Officer determines, upon 'the basis of inspection conducted pursuant to the clause entitled Inspection and
Acceptance of Construction, herein that the Contractor is not meeting the approved. schedule, the
Contractor shall take steps necessary to improve its progress, including those that may be requir•ec by the
Contracting Officer, without additional cost to the AHA. In this circumstance; the Contracting:. Officer may
require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the
amount of construction plant, and to. submit for approval any supplementary schedule or schedules .in chart
form as the Contracting Officer deems necessary to demonstrate how the approved. rate df: progress. will be
regained.
(c) Failure of the contractor to comply with the requirements of .the Contracting Officer .u.nder this clause shall
be grounds for a determination by the Contracting Officer that the Contractor is prosecuting the work
with sufficient diligence to ensure completion within the time specified. in. the contract. upon making this
determination, the Contracting officer may terminate the contractor's right to proceed. with the work, or any
separable part of it, in accordance with the Default clause of this contract.
6. site Investigation and Conditions Affecting the Work
(a) The Contractor acknowledges 1th at it has taken steps reasonably to ascertain the. nature and
location of the work, and that it has investigated and. satisfied. itself as to the general and. local conditions
which can affect the work or its cost, including but not limited to:
(1) conditions bearing upon transportation, disposal, handling, and storage of materials;
the availability of labor, water, electric power, and roads;
uncertainties of weather, river stages, tides, or similar physical conditions at the site;
(4) the conformation and conditions of the ground; and
(5) the character of equipment and facilities needed preliminary to and during work.. performance. The
Contractor also acknowledges that it has satisfied itself as. to the character, qual ty and quantity. of
surface and subsurface materials or obstacles to be encountered insofar as this information. is
reasonably ascertainable from an inspection of the site, including all exploratory work done b AHA,
as well as from the drawings and specifications made a part of this contract. Any failure of the
Contractor to take the actions described and acknowledged in this paragraph will riot relieve the
Contractor from responsibility for estimating properly the difficulty and cost of successfully performing
the work, or for proceeding to successfully perform the work .without add itional. expense to. the :AHA.
(b) The AHA assumes no responsibility for any conclusions or interpretations made. .by the. Contractor based on
the information made available by the AHA. Nor does the AHA assume responsibility for any understanding
reached or representation made concerning conditions which can affect the work by any of its officers or
agents before the execution of this contract, unless. that understanding or. representation is. expressly stated
in this contract.
Page 40 of 88
(c) Contractor shall verify figures shown before layout and request clarification or be responsible for correction.
Contractor shall layout work and :be responsibie for lines, levels, and.. measurements; field verify all
measurements before ordering or fabricating items. Before starting work, Contractor shall examine adjoining
work on which installation is in any way dependent for perfect. workmanship and fit and give written
notification of any existing deficiencies detrimental. to proper and timely installation of Work.
7. Differing Site Conditions
(a) The Contractor. shall promptly, and before the conditions are disturbed, give a written notice to the
Contracting officer of
(1) subsurface or latent physical conditions at the site which differ materially from those indicated in this
contract, or
(2) unknown physical conditions at the sites), of an unusual nature, which differ materially from those
ordinarily encountered and generally recognized as. inhering in work of the character provided for in the
contract.
(b) The Contracting officer shall investigate the site conditions promptly after receiving the notice. Work shall
not ,proceed at the affected site, except at the Contractor's risk, until .the Contracting Officer has provided
written instructions to the Contractor. If the conditions do materially so differ and cause: an In crease or
decrease in the Contractor's cost of, or the time required for, performing any. part of the work under this
contract, whether or not changed as a .result of the conditions, the Contractor shall file a -Claim in writing to
the AMA within ten days :after receipt of such instructions and, in any event, before proceeding with the
work.- An equitable `adjustment in .the contract price, the delivery schedule, or both sh .11 be lade. under this
clause and.the contract modified in writing accordingly.
(c) No request by.the Contractor for an equitable adjustment to the contract :under this clause shall be allowed,
unless :the'Contractor has given the. written notice required;. provided that the: time prescribed Jn (a) above
for giving written notice may be extended :by the Contracting Officer:
(d) No by the Contractor for an equitable adjustment to the contract for differing site conditions shall be
allowed if made after final payment under this contract.
(e) Hazardous Waste Notice by Contractor shall be ,given in Writing to ANA .prom ptly, before any of the.following
conditions are disturbed, and in no. event later than 24 hours after first observance, of any (a) material that
Contractor believes may be hazardous waste or hazardous .material;: NOT PREVIOUSLY DISCLOSED as
defined in Section 25117 of the Health and Safety Code (including, without limitation, asbestos, lead, PCBs,
pe f roleum and related hydrocarbons, and radioactive rn aterlal) that is req.0 r.e to be removed to a .Class I,
Class [I, or Class III disposal site in accordance with provisions of existing lave "hazardous material"); (b)
other material which may present :a substantial danger to persons or property exposed thereto in connection
with Work at the Site.
Except as otherwise provided in Contract Documents or as provided by applicable law, Contractor shall not
be rrequired to give any notice for the disturbance or observation of any such hazardous Waste.or hazardous
material where such matter is disturbed or obs.e as part of the Scope `.of work under. Contract
Documents (such as hazardous waste or hazardous material investigcntion, remediation or disposal activities
which are identified as the subject of Work under Contract Documents), where Contractor .complies with all
requirements in Contract Documents and applicable law respecting such materials.
Contractor's written notice shall indicate whether the hazardous waste or material was shown or indicated in
Contract Documents to be within the Scope of work, and whether the hazardous waste or material was
brought to the Site by Contractor, its Subcontractors, suppliers, or anyone else for whom Contractor is
responsible.
Page 41 of 88
Contractor shall not be entitled to any adjustment in the Contract Sure or Times regarding claimed
hazardous waste or materials if Contractor. knew of the existence of such hazardous. material or
hazardous waste at the time Contractor submitted its bid; or. (2) Contractor should have. known of the
existence of such hazardous material or hazardous. waste as a result of its having the responsibility to .obtain
additional or supplementary examinations, investigation, explorations, tests,. studies and data concerning
the conditions at or contiguous to the Site prior to submitting its Bid; cr (3) Contractor failed to give the
written notice within the time required by these General Conditions.
If AHA determines that conditions do not involve hazardous materials or other materials not previously
disclosed or that no change in Contract Document terms Js justified, .AHA shall notify Contractor. in writing,
stating the reasons for its determination. If AHA and Contractor cannot agree on ar adjustment in Contract
Sung or Contract Times, Contractor shall proceed with the vllork and as directed by AHA and may file a
claim as provided in these General Conditions.
If Contractor does not agree to resume work based on a reasonable belief that it is unsafe, or does not
agree to resume work under .special conditions, AHA may order .the disputed. portion of. work. deleted from
the W ork, or performed by others, ..or AHA may invoke its right to term inate Contractor's right to proceed
under Contract Documents in whole or in part. If Contractor does not agree with AHA's determination of any
adjustment in the Contract Sum or Times as a result, Contractor may make a claim as provided in these
General Conditions.
8. Specifications and Drawings for Construction
(a) The Contractor shall keep on the work site a copy. of the drawings and specifications. and shall of all times
give the Contracting officer access thereto. Anything mentioned In the s.pecifi patio. ns an.d riot shown on. the
drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if
shown ar mentioned in both. In case of difference between drawings. and specifications., the specifications
shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall
be promptly submitted to the Contracting officer., who. shall promptly make a determination. in. writing. Any.
adjustment by the .'Contractor without such a determination shall. be at ..its vin risk and e pehse. The
Contracting officer shall furnish from time to. time.. such detailed. drawings and oth er.%Jnformation.. as
considered necessary, unless otherwise provided.
(b) wherever in the specifications or upon the drawings the words "directed. "required "ordered
"designated", "prescribed or words of like import are used, it shall be understood that the '.'direction
"requirement "order., "designation or "prescription of.the Contracting officer is .intended .and similarly. the
words °`approved., "acceptable. "satisfactory or. words of like. import shall mean °approved :.by or
"acceptable to or. "satisfactory to the .contracting officer, unless. otherwise. expressly stated
(c) Where as shown as indicated., as detailed or words .of similar import. are used, it shall. be understood
that the reference. is made to the drawings :accompanying this contract unless stated ..otherwise. The. word
"provided" as used herein shall be understood. to mean "provide complete in place" that .is. "furnished and
installed
(d) "Shop drawings if means drawings, submitted .to the AHA by the Contractor, subcontractor, or. any lower tier
subcontractor, showing in detail the proposed fabrication and assembly of. structural. elements. and (Z)
the installation (i.e., form, fit, and attachment details) of materials of equipment.. It includes. drawings,
diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data,
and similar materials furnished by the Contractor to explain .in detail specific portions of the .work required :by
the contract. The AHA may duplicate, use, and disclose .in .any manner. and far any. purpose shop drawings
delivered under this contract.
Page 42 of 88
(e) if this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review then
for accuracy, completeness, and corn p Hance with other contract requirements and shall indicate its approval
thereon as evidence of such coordination and review, Shop drawings submitted to the Contracting: Officer
without evidence of the `Contractor's: approval m be returne J or resubm is.si The contracting Officer will
indicate an approval :or disapproval of the s h op drawings and if not approved a s submitted -shall indicate'the
AHA's reasons therefore. Any work done before such a pproval shall: be at the:Cant Ap.provai by
the Contracting Officer shall not. r elie�ve th`e Contractor from re for. any. errors .or omissions: in: such
dra wings, nor from =responsibilit :for com :v�rith the requirements of this contract, except with respect to
variations described and approved iri. accordance with (f} below.
f) if shop drawings show variations from the contract requirements, the Contractor shall describe such
variations in writing, separate from the drawings, at the time of submission. if the Architect approves any
such variation and the Contracting. Officer concurs, :the Contracting Officer shall. issue an ,appropriate
modification 'to the contract, except: that, if the variation is minor or does not involve a change in price .or in
time of performance, a modification need not be issued.
(g) It shall be 'the responsibility of the Contractor to mare .timely requests of the .AHA for: such large scale and
full size. drawings, :color schemes, and other additional it formation, not already in his possession, which
shall be required in the planning and pro duction of the sto Such requests ma be .submitted as the need
arises, but each such request shall be filed]n% ample .t irri e t o per appropriate action to be taken by all
parties involved so as to. avoid delay.
h The Contractor shall submit `to the Contracting Officer for approval four. copies (unless otherwise indicated)
of all shop drawings as called for under the various headings of these: specifications,. Three sets (unless
otherwise indicated) of all shop drawings, will be retained by the AMA .and one. set wilI be returned to the
Contractor. As by the Contract :Off i cer; the contracto upon com pleting the. work under this
contract, shall furnish a complete set of alll1op dra►riiing5 as finally appoid: These drawings shall shove all
changes and revisions made up to the tirn`o the work is completed and accepted.
i This clause shall .be included in all subcontracts at any tier. It shall �be .the responsibility=of the. Contracto to
ensure that all shop drawings prepared by subcontractors are submitted to the Contracting Officer.
9. As 'Built 'Drawings
(a) "As- -built drawings," as. ..used in this. clause, means. drawings submitted b y the contractor or subcontractor at
any tier to .show the construction of a particular. structure or.work actually completed. under the contract.
"As built drawings" shall be synonymous with "Record drawings."
(b) As required :by. the Co ntra ct in g Off icer, the Contra shall provide the. Contracting Officer accurate
information to be used in the. preparation of permanent as -built drawings. For this purpose, the Contractor
shall record on one set of contract drawings all changes from the in stall ations origina in and
record final locations of underground lines by de pth f rom finish grade a n d by accurat horizontal offset
distances to permanent surface improvements such as buildings, burbs, or edges. of walks.
c This clause shall be included in all subcontracts at any .tier...lt shall be. the responsibility of the Contractor to
ensure that all as -built drawings .prepared by subcontractors. are. submitte to the Contracting Officer.
10. Material and Workmanship
a All equipment, material, and articles furnished ..under this contract shall I. be. new. and of .the ..most. suitable
grade for the purpose intended (no less than standard grade), unless otherwise specifically provided in this
contract. References in the contract to equipment, material, articles, or. patented processes by trade. name,
nuke, or catalog number, shall be regarded as establishing. .a standard of quality and. sha not be construed
as limiting competition. The Contractor may, a its option, use any equipment, material, article, or process
that, in the judgment of, and as approved by the Contracting officer, is equal to that named in the
specifications, unless otherwise specifically provided in this contract.
Page 43 of 88
Except as specifically noted in the Instructions to Bidders or in Contract Documents, whenever in
Specifications, material or process is designated by patent or proprietary name o.r. by .name.of manuf
such designation shall be deemed to be used for purpose of facilitating description of material and process
desired, and shall be deemed to be followed by the words o approved Equal" and Contra may offer
any substitute material or process that Contractor considers "equal" in every. respect to that so des.ignated
and if material or process offered by Contractor is, in opinion of AHA, equal in every respec ..to :that so
designated, its use will 'be approved. However, Contractor may utilize this right only by tiMeIy submitting
Substitution Request Form as provided in Instructions to. Bidders... A substitution will..b.e approved. only if it is
a true equal item in every :aspect of its design and quality, including. but not :lirn.ited. its dimensions,
weights, service requirements, durability, functioning, and impact on contiguous construction elements,
overall schedule and design.
(b) Approval of equipment and materials.
'l The Contractor shall obtain the Contracting Officer.'s approval of the machinery a mechanical. and
other equipment to be incorporated into the work. When requesting approval for equipment and
materials, the Contractor shall furnish to ..the Contracting Officer the name of the. manufacturer, the
model number, manufacturers cutwshe.et and .other information. concern in.g the. perfo rman ce cap aci ty,
nature, and rating of the. machinery and mechanical. and. other equipmment. llllhen required by this
contract or by the Contracting Officer, the Contractor. shall. also obtain the Contracting.,Officerz approval
of the material or articles which the Contractor contemplates incorporating into. the wor Wh en
requesting approval, the Contractor shall provide full information concerning the material or articles.
Machinery, equipment, material, and articles that do not have the required .appro.va shall. be i.nstalled.or
used at the risk of subsequent rejection.
When required by the specifications or the. Contracting Officer, the Contractor .shall .submit appropriately
marked samples (an �certificate.s related tat .the for approval at the 'C exp with all
shipping charges prepaid. The Contractor shall label, or otherwise properly. mark. on the contain the
material or product represented, its place of origin., the name of the producer, the Contractor's name,
and. identification of the construction project for which the material or product .is intende .to be used.
(3) Certificates shall be submitted in triplicate, describing each sarrtple submitted .or,;approval :and �certlfying
that the material, equipment or accessory complies with contract requirements. The certificates shall
include the name and brand of the product, name of manufacturer, and the location where produced.
(4) Approval of a sample shall not constitute a w aiver of the AMA right to demand full. com pliance with
contract requirements. Materials, equipment and accessories may be rejected :for cause even though
samples have been approved.
(5) wherever materials are required to comply with recognized standards or specifi such
specifications shall be accepted as establishing the technical qualities and testing methods, but shall not
govern the number of tests required to be. made nor modify other contract requirements...
equirements. The
Contracting Officer may require Jaboratory test reports on items submitted far appro�af or may approve
materials on the basis of data submitted in certificates with samples. Check tests will be made on
materials delivered for use only as frequently as the Contracting Officer determines necessary to insure
compliance. of m with the specifications.` The Cont ractor will assume all casts of re-- testing
materials which fail to meet contract requirements and/or testing mat offered in substitution for
those fount! deficient.
(6) After approval, samples will be kept in the Project office until completion of work. They may be built into
the work after a substantial quantity of the materials they represent has been built in and accepted.
(c) Prohibition against use of lead -based paint. The Contractor shah comply with the prohibition against .the
use of lead -based paint contained in the Lead Eased Paint Poisoning Prevention Act (42. U.S.C. 4s21
4846) as implemented by 24 CFR Part 35.
Page 44 of 88
(d) Buy American Act Construction Materials (if Required)
Section 1 005 of the Recovery Act prohibits use of recovery funds for a project for the construction,
alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and
manufactured goods used in the project are.produced in the United States
(1 Definitions:
"Construction material" means an article, material, or supply brought to the construction site by the
Manufacturer, Supplier, Vendor, Contractor, :Subcontractor or a lower subcontractor for
incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies.
(2) "Domestic construction material" means
An un- manufactured construction material rained or produced :in the United States; or
iii} A construction material manufactured in the United States. There. is no requirement with
regard to the of components or subcomponents in rn.anufactu red. goods used in the
project, as l ong-as the manufacturi o ccurs .i n the Uni States.
(3) "Foreign construction material" means a construction material other than a domestic
construction material.
(4) "United States" means the. 50 States and the District of Columbia, U.S. territories and
possessions; Puerto Rico, the Northern ivlariana Islands:
(5) Record keeping and certifications:
(a) Contractor shall accurate.. records or logs of al l materials d or brought to the
site. This record or log- :shall contain`. at .a -minimum the followi i nformation. Product
Name; Manufacturers `N A ppra�ii` ate Qua ntity Co unt ry of origin: or ,:Manufacturi if
Iron or xSteel e[s r ncarporated "in b
the
1lllork :a: cerfiificatlon of don e.stic roducti0n ::will also e
P
required.
(b) The record or log of materials dill ..be available for in during the .course of
construction and shall be submitted to the Owner upon completion along Frith a letter from
the Cont certifying that a ll c onstruction materials u sed o n th e. P was Domestic
Construction Materials as defined above.
(e): Contractor shall make close inspection of materials as. delivered and shall p ro mptly reject a nd r eturn
defective materials .without waiting for rejection by AHA. Contractor shall inspect da rk in pr to insure
that it is of highest possible quality. workmanship dill. be subject to approval of D iner; defective or
substandard work shall be removed and corrected.
1. permits and Codes
(a) The Contractor shall give all notices and comply. with all applicable. laws, ordinances, codes, rul a
regulations. Notwithstanding the requirement of the Contractor to comply with the drawings and
specifications in the contract, all work ..installed shall comply with all applicable codes and standards. Before
installing the work, the .Contractor. shall examine the drawings and the. sp for compliance with
applicable codes and regulations bearing on the work arld hall immediately report any discrepancy it may
discover to the Contracting officer.
(b) The Contractor shall secure and pay for all permits, fees, and licenses necessary for the proper execution
and completion of the wor'K. Where the AHA can arrange for the issuance of all or part of these permits, fees
and licenses, without cost to the Contractor, the contract amount shall be reduced accordingly,
Page 45 of 88
12. Health, Safety, and Accident Prevention
(a) In performing this contract, the Contractor shall:
)censure that no laborer or mechanic shall be required to work in surroundings or under. working
conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined
under construction safety and health standards promulgated by the Secretary of. Labor by regulation;
(2) Protect the fives, health, and safety of other persons;
(3) Prevent damage to property, materials, supplies,-and-equipment; and,
(4) Avoid work interruptions.
(b) For these purposes, the Contractor shall:
(1) Comply with regulations and standards issued by the Secretary of.Labor at 29.CF Part 1926. Failure to
comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards
Act (Public Law 91-54, 83 Stat. 96),-40 U.S.C. 327 et seq.; and,
(2) Include the terms of this clause in every subcontract so that such terms. will .fie binding on each
subcontractor.
(c) The Contractor shall. maintain an accurate record of all. accidents. incident to work performed under this
contract resulting in death, traumatic injury, occupational disease, or damage. to. property, materials,
supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR Part 1904.
(d) The Contracting Officer nay notify the Contractor of any noncompliance with these requirements and of the
corrective action required. if the Contractor fails or refuses to take corrective action promptly, the
Contracting Officer may issue an order stopping all or part of the work until satisf corrective action has
been .taken: The Contracto 9n ot: �base a -or request for equitable adjustment:for additional time
or money on any stop order issued under circumstances.
(e) The Contractor .shall be responsible for subcontractors compliance with the provisions of. this clause. The
Contractor shall take such. action With respect to. any subcont as the AHA, the Secretary of blousing and
Urban development, or the Secretary of Labor shall direct as a. means. of enforcing such provisions,
(f): Precaution shall be exercised at all times for the protection of persons (including employees) and property.
(Machinery, equipment, and all hazar..ds shall be guarded or el iminated. in accord .wi.h. recommended safety
provisions established by the Associated .General Contractors of America, to the extent that such provisions
are not in contravention of other express terms of. this Contract or applicable law. The Contractor shall
protect hazards with adequately constructed guardrails and /or barricades. and shall provide.. lant
warning Iights, and the Iike, as necessary. The Contractor shall eliminate attractive nuisances from the work
and from the site. To this end, he shall so dispose, store, guard, and protect the premises and all work,
materials, equipment and both permanent and temporary construction as to preclude. the unauthorized use
thereof and particularly to eliminate possible consequent injury to unauthorized persons. In addition, the
Contractor :shall be responsible for all required utility shutdowns consistent with the. procedures of util .1ty
companies, at times appropriate to the .safe. execution of the work.
(g): The Contractor shall at all times. keep the AHA premises. and .adjoining premises, clean of .rubbish caused by
the Contractor's operations, and at the .completion of the work' shall remove all rubbish from a nd about the
premises and all of his tools, equipment and temporary work and shall have. the work clean and ready for
use. if the Contractor does not attend to such cleaning immediately upon request, the A1-A may cause such
cleaning to be done by others and charge :the cost of the same to the Contractors.
Page 46 of 88
3. Temporary. Hleating
The Contractor shall provide and pay for :ternporary heating, .covering, and enclosures necessary to properly
protect all viork and t against damage -by dampness and cold, to dry out the work, and fo facilitate the
completion of`fhe 'wo An permanent heating equipment used s be tu rned over to the AHA in the condition
and at the time required by the specifications.
14. vaiiabilify -and .1Jse of ..Util ty`' Services
a} The: AFB shall make all reasonably required amounts. of.. utilities. avai.lab.le..to. the. f rom existing
outlets and supplies, as .specified in the contract Unless otherwise provided in the contract, the amount of
all be char ed c or aid for :b the Contractor at `prevalir'g rates charged to
each utility service .consume s g p Y
the ANA or, there the utility is produced b .the AHA; at reasonabie rates determined by the Contracting
Officer. The Contractor shall carefully conserve any.utilities- furnished with out charge.
b The Contractor, of its expense and in a manner satisfactor to tide Conracfing officer, shall :install and
maintain all necessary temporary connections and distrib lines, and all r titers required to measure the
amount of each unlit used for the purpose of :dete.rmining charges. Before final :acce of the work by
Y
the AHA; the Cont ractor shall remove all the temporary connections, distribution lines, meters,. and
associated paraphernalia.
15, Protection oaf .Existing 'Vegetation, structures, Equipmient Utiiit.ies, and impro vements
1
on adjacent property of a third party, the locations of which are made known to or should be known by
the Contractor. Prior.to. disturbing the ground at the construction site, the Contractor shall ensure. .that all
underground utility lines. are. clearly marked.
d The Contractor shall shore u p, brace, underpin, secure, and protect as necessary all foundations and other
parts of existing structures adjacent to, adjoining, and of the site in the vicinity which may be affected by the
excavations or other operations connected with the construction of the project.
Any equipment temporarily removed as a result of work under this contract shall be protected, cleaned, and
Y
replaced in the same condition as at the time of award of this contract.
(f) New work which connects to existing work shall correspond in all respects with that to which it connects
and /or be similar to existing work unless otherwise required by the specifications.
(g) No structural mem bers shall be altered or in any way weakened without the written authorization of the
Contracting Officer, unless such work is clearly specified in the plans or specifications.
Page 47 of 88
(hl If the removal of the existing work exposes discolored or unfinished surfaces, or work out of alignment, such
surfaces shall be refinished, or the material replaced as necessary to make the continuous work uniform
and harmonious, This, however, shall not be construed to require the refinishing or reconstruction of
dissimilar finishes previously exposed, or finished surfaces in good condition, but in :different pl anes or on
different levels when brought together by the removal of intervening work, unless such refinishing or
reconstruction is specified in the plans or specifications.
(i) The Contractor shall give all required notices to any adjoining or adjacent property owner or other party
before the commencement of any work.
The Contractor shall indernnif and hold harmless the AHA from an damages on account of settlement or
the loss of lateral support of adjcining property,. any damages from chan in top affecting
drainage, and from all loss or expense and all damages for which the AHA ma y become liable in
consequence of such injury or damage to adjoining and adjacent structures and .their premises;
(k) The Contractor shall repair any damage to vegetation, structures, equipment, utilities, or improvements,
including those that are the property of a third party, resulting failure to comply with the requirern
en
is of
this contract or failure to exercise reasonable care in performing the work. If the Contractor `fails or refuses
to repair the damage promptly, the Contracting Officer nay have the necessary work performed and charge
the cost to the Contractor,
16. 'Temporary Buildings and Transportation of Materials
(a) Temporary buildings (e.g., storage sheds, shops, offices, sanitary facilities) and utilities may be erected by
the Contractor only with .the approval of the Contracting Officer and shall be built with labor and materials
furnished by the Contractor without expense to the AHA. 'The.:temporary buildings and utilities shall remain
the property of the Contractor and shall be removed by the Contractor at its expense upon com of the
work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and
need not be removed.
(b) The Contractor shall, as directed by the Contracting Officer, use only established road
iays; or use
tern porary -roadways constru :by th C =ontractor: when 4and` as authorize by the Cont :t3 fficer.
When materials. are transported in prosecuting the work, vehicles shall not be loaded beyond the loading
capacity recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or
regulation. when it is necessary to cross curbs or sidewalks, the Contractor shall protect theme from
damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads,
17. Clean Air and Water Applicable to Contracts in Excess of $100 OM
(a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by the Contractor or any su000ntractor, used in
the per l"ormance of 1he contract or any subcontract,
(b) In compliance with regulations issued by the United States Environmental Protection Agency (EPA); 40 CFR
Part 15, pursuant to the Clean Air Act, as amended "Air Act 42 U.S.C. 740 1 et seq.; the Federal Water
Pollution Control Act, as. amended "Water Act 33 U.S.C.. 1251, et seq., and Executive Order 11738, the
Contractor agrees to
(1) Not utilize any facility .in the performance of. this .contract or any subcontract which is .fisted on the EPA
List of Violating Facilities pursuant to Part 15 of the re ulation� for. the duration of time that the facility
remains on the list;
(2) Promptly notify the Contracting Officer. if a facility the Contractor intends to use in the performance of
this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been
recommended to be placed on the List;
Page 48 of 88
(3) Comply with all requirements of the Air Act and the Water Act, including the requirements of Section 114
of the Air Act and ::Section 308 of the Water Act, and 'all applicable clean air and clean water standards,
and,
(4) Include or cause to be included the provisions of this clause in -every subcontract, and take such action
as H.UQ may direct as:a of enforcing such provisions.
18. Enerav ,Efficiency
The Contractor shall comply with all .standards :and policies relating to energy efficiency which :are contained in
the energy conservation plan issued in corn pliance With. the Energy PoIicy:and Conservation Act Tub:L. 34- 6
for the State in which the work :under the contract is performed.
19. inspection and Acceptance c f construct
(a) Definitions. As used in this clause
".Accep tance" means the act of an authorized rep resentative: of .the AHA b which the AHA approves
p y pp
and assumes ownership of the work performed under `this contract. Acceptance may be partial or
complete.
2 "Inspectio Means examining and testing the work performed under the contract (including; when
appropriate, raw materials, equipment, components, and intermediate assemblies) to determine whether
it conforms to. contract requirements.
3 "Testin g means that element of inspection that determines the :properties or: including
functional operation bf materials, equipment, or their components; by the application :of established
.scientific principles and procedures.
b The Contractor shall maintain an, adequate ins pe ction system :and perf gr� such inspections as: will :ensure
i AlI work is subject to AHA
that the work performed under the contract. conforms to contract requi
nspecton and testing at all places and :at all reasonable :times before :acceptance` to.aYensur strict
compliance with'..the terms of the contract.
relieve. he Contractor of
c AHA i and tests are the sole _benefit of the AHA an
0
not. re t
res onsibiiit for providing adequate quality control measures (2 reli the Contractor of resp.flnsibility for
p y
loss or damage of. the material. before acceptance; .(3) constitute or im ply a cceptance, or, (4) .affect the
continuing rights of the AHA after acceptance of the completed Vvcrk under paragraph
d The presence or absence of the AHA inspector does not relieve. the Contractor :from n any contract
3 he s ecifications without the
requirement, nor is the inspector authorized to change any term or cond ton oft p
Contracting Officer's written authorization. All instructions and approvals with respect fa. th.e. work shall be
given to the Contractor Contracting Officer.
e The Contractor shall promptly furnish; without additional charge; all facilities, labor, and material reasonably
needed for performing such safe and convenient inspections and tests a may be required by the
Contracting Officer. The AHA may charge to the Contractor any additional cost of inspection or. test when
work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes
re-- inspection or retest necessary. The AHA shall perform all inspections and tests in a manner that will not
unnecessarily delay the work. Special, full size and performance tests shall be performed as described in
the contract.
(f The AHA may conduct routine inspections of the construction site on a daily basis,
(g) The Contractor shall, without charge, replace or correct work found by the AHA not to conform to contract
requirements, unless the AHA decides that it is in its interest to accept the work with an appropriate
adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the
premises,
Page 49 of 88
(h) If the Contractor does not promptly replace or correct rejected work, the AHA may by contract or
otherwise, replace or correct the work and charge the cost to the Contractor, or (2) terminate for default the
Contractor's right to proceed.
If any work requiring inspection is covered up without approval of. the .AHA, it rust, if requested by the
Contracting off=icer, be uncovered at expense of the Contractor, If at any time before final acceptance of
the entire work, the AHA considers it necessary or advisable, to examine work.. already completed by
removing or tearing it out, the Contractor, shall on request, promply furnish all necessary facilities, labor,
and material If such work .is found to be defective or. nonconforrn ing in any material respect due to the fault
of the Contractor or its subcontractors, the:. Contractor shall defray all the expenses of. the and
of satisfactory If, however, such work is found meek the requirements of. the contract, the
Contracting officer shall make an equitable adjustment to cover the cast of the examination and
reconstruction, including, if completion of the work was. thereby delayed, an extension of time.
The Contractor shall notify the Contracting officer, in writing, as to the date. when...in. its opinion all or a
designated portion of the work will be substantially completed and ready for inspection. if the Architect
determines that the state of. preparedness is as represented, the A-lA. will promptly arrange "for.. the
inspection. Unless otherwise specified in the contract, the AHA shall ..accept as soon as practicable after
completion and inspection, all work required by the contract or that portion of the work the .Contracting
Officer determines and designates can be accepted separately. Acceptance shall 'be final and conclusive
except for latent defects, fraud, gross mistakes amounting to'fraud, or..the AHA's fight under any warranty or
guarantee.
M: Contractor's obligation to comply with the Contract Documents and the standards of quality specified therein
shall be absolute and not subject to waiver. Contractor may only be relieved of. its obligation to comply with
the Contract Documents and 'the standards of quality stated .therein only through iiritten charge order
signed by an authorized AHA signer.
(l) Contractor shall: pay for any and .all retesting upon .failure of the original testing
2D. Use and `possession Prio to: p t o
(a) The AHA shall have the right to take possession of or use any completed or partially completed part of the
work. ;Before taking possession of or using any work, the Contracting Officer shall furnish theantractor a
list of items of work remaining to be performed or corrected on those portions of the work that tie AI-IA
intends to take possession of or use. However, failure .of the Contracting Officer to list any item of werk shall
not relieve the Contractor of responsibility. for complying with the terms .of the contract. The Al -QA's
possession or use shall not be deemed an acceptance of any work under the contract.
(b) while the AHA has such possession o.r use, the Contractor shall be .relieved of the responsibility for the
loss of or damage to the work resulting from the AHA's possession or use, notwithstanding the terms of the
clause entitled Permits and Codes herein; (2) all maintenance. costs on the. areas occupied; and, (3)
furnishing heat, light, power, and water used in the areas occupied. If prior possession or use by the AHA
delays the progress of the work or causes .additional expense to the. Contractor, an equitable adjustment
shall be made in the contract price or the time of completion, and. the contract .shall be m od ified in wrifi ng
accordingly.
21. warranty of Title
The Contractor warrants title to all materials, supplies, and equipment incorporated in the work and agrees to
deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees
further that neither it nor any other person, firm or corporation shall have any right to.a lien upon the. premises or
anything appurtenant thereto.
Page 50 of 88
22. warranty of Construction
(a) In addition to any other warranties in this contract, the Contractor warrants, except as: provided in paragraph
(j) of this clause, .that work performed under .this.co.ntract conforms :`to the. contr re quirements and is free
of any defect in equipment, materia or workmanship performed by the 'Cont o any subcontra or
supplier at any tier. This warranty shall :continue fora period of one year unless �thervvise indicated from the
date of final acceptance of the :work. if the AHA takes possession of any p of the w ork :before final
acceptance, this warranty shall continue fora .period of (one year unless otherwise indicated) from the date
that the: AHA :takes :possession:
(b) The contractor shall remedy, at the. Contra.ctor's .expense; any. failure to conform, or any defect. In addition,
the Contractor .shall r emedy, .at the Contracto.r's expense, ..any damp..ge to AHA owned or c ontrolled real or
personal property :when the darnage is fihe result of
(1) The Contractor's failure to conform to contract requirements; or
Any defects of equipment, material, workmanship or ,design furnished: by the Contractor.
(g) In the event the Contractor's warranty under paragraph .(a) of this clause has expired; the. AHA may bring
suit at its own expense to enforce a subcontractor's, manufacturer's or supplier's warranty,
(h) Unless a defect is caused by the negligence of the Contract or subcontractor or supplier at any tier, the
Contractor shall not be liable for repair of any defect of material or design furnished by the AHA .nor. for
the repair of any damage that results from any defect in AHA furnished material, or design.
(i) Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs
(a) and (c) above relate only to the specific obligation of the Contractor to correct the work, and have no
relationship to the titre within which its obligation to corn ply with .the contract maybe sought: to..be :.enforced,
nor to the time within which proceedings may be c ommenced. to establish the Contractor's liability with
respect to its obligation other than specifically to correct the work:
(j) This warranty shall not limit the AHA's rights under the Inspection and Acceptance Of Construction clause of
this contract with respect to latent defects, gross mistakes or fraud
23. Prohibition Against Liens
The Contractor is prohibited from placing a lien on the AHA's property. This prohibition shall apply to all
subcontractors at any tier and all materials suppliers.
Page 51 of 88
24. Contract 'Period
The Contractor shall complete all work required under this contract within the. number of calendar days
established in the notice to proceed issued by the Contracting Officer.
25. order of Precedence
In the event of a conflict between these Genera! Conditions and the Specifications, .the. General Conditions shall
prevail. In the event of a conflict between the contract and any applicable state or local law or regulation, the
state or local law or regulation -shall prevail; provided that such state or local law. or .regulation does not conflict
with, or is less restrictive than applicable federal law, regulation, or --Executive Order:. In the event of such a
conflict, applicable federal law, regulation, and Executive Order shall ,prevail.
26. Payments
(a) The AHA shall pay the Contractor the price as provided in this contract.
(b) The AHA shall make progress payments approxirn ate l.y every 30 days as the work proceeds, on:.es.timates
of work accomplished :Which meets the standards of quality established under the. contract as approved by
the Contracting officer. The AHA may, subject to written determination and approval of the Contracting
Officer, make more frequent payments to contractors which are qualified small businesses.
(c) Before the first progress payment under this contract, the Contractor shall furnish In such detail as
requested by the Contracting officer, a breakdown of the total contract price showing the arnount included
therein fcr each principal category of the work; which shall substantiate 'the payment amount requested in
order to provide a basis for determihing progress payments. The breakdown.. hall be ..a. ppraved. the
Contracting Officer and must :be acceptable to AHA. If the contract covers rore han: :ene proj the
Contractor shall furnish a separate breakdown for each. The values 'and quantities employed in. making up
this breakdown are for determining..the .amount of ::progress.�payrnents and shah n ot b construed: as :a _basis
for additions -to or deductions frarn the :contract price: Thy Contractor shall prarate its o�r€-head and profit
�o of the rco�r�tract:
0ver constructor per d
(d) The Contractor -shall submit, periodic estimates showing the value of the work performed during each period
based upon the approved :breakdown :of the contract .price. Such estimatesshall be..subrrm.itted- not later than
15 days in advance of the date set for payment and are subject to correction and revision as required. The
estimates must be approved by the Contracting officer with: the: concurrence. o the.. Architect .prior to
payment. If the contract covers more than one project, the Contractor shall furnish a separate progress
payment estimate for each.
(e) Along with each request for progress payments and the required estimates, the Contractor shall furnish the
following certification, or payment shall not be made: I hereby: certify, to the best..of -my knowl edge and
belief, that:
(1) The amounts -requested are only for performance in accordance with the specifications, terms, and
conditions of the contract;
Payments to subcontractors .'and suppliers have been made from previous payments received under
the cont ract, and time payments dill be. made from the proceeds of the payment covered by. this
certification, in accordance with subcontract agreements; and,
(3) This request for progress payments does not include any amounts which the prime contractor intends
to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the
subcontract.
Page 52 of 8.8
(f) Except as otherwise provided in State law, the AHA shall retain ten (10) percent of the arnount of progress
P ayments until completion and acceptance of all Work under the contract; except, that. if .0 Pori completion of
'75 percent of the work, :the .Contracting officer, after consulting with the Architect, determines that the
Contractor's perform anqe and :progress are satisfactor -y; the AHA may make the` rernainl� g ;payments in full
for the work subsequently completed. if the Contracting officer subsequently determines rthat the
r a are unsatisfactory the AHA shall rei state .the .ten :1 o e cent or
ontractor s performance and prog e s y, n.... p
C
other pe rcentage as p rovided in -`Sfafie la i reta until such time as the o nt racti ng officer determines
that: performance and. progress are satisfactory.
5�
v th e. re arato
(g) The .Contracting .`Officer .n ay authorize �mate:rial deli er ed on h ate n p p y vv r-
o k done to be taken
ial delivered :to. r
into consideration when cony puti 'p rogress .p M ate r the Cont actor a t =locations
other than the site n ay also be taken into .consideration if the. Contractor furnishe. s.satisfacto y e.vidence:.that
'i it has acquired title .to such material; (2) the -material .is properly,stored in a bo de warehouse storage 0
-yard, :or =similar suitable place as -tray .be approved by the Contracting 'Off cer; (3):1he material is insured
.�t
corer its full value;: and. .(4) the.: material will .be used to perform this .co ntract: .I efore any .progress payment
which includes delivered mater•a[ Js made, the Confiraetor shall furnish such document Lion as the
contracting ofricer. may r_eu assurin the protec o f ::the AI -IA's inter est in such ..materials: The
Contractor shall remain responsible for such stored material notwithstanding the of to 1h .e AHA.
(h) All material and work covered by progress payments made shall, at the`tirne .of payment become the sole
property of 1he AHA but this: shall not` be construed as
(1) relieving the Contractor from the sole responsibility for all material .and work upon which payments have
been made or the restoration of any damaged work; or,
F
(2) waiving the right :of -the. AHA :to requ ire, the fu filiment: all of the terms of' the contract ln the.event the
work of the Contractor ,has. beer damaged by other contraotors::or persons other than .em pioyees of the
AHA in. the course D their em p oyrne the Contract sh a ll r es tDre ss.uch .darn a work without cost to
the AHA and to seek redress for its` damage only from'those w..ho direptly caused it:
(i) The AHA shall make the final payment due the Contractor under this contract after
completion and final acceptance of all work; and
(2) presentation of release of all claims against the AHA arising by virtue of this contract, other tha
in stated amounts, that ;the Contractor has specifically excepted torn the operation of the release::Each
such exception shall .embrace no more than one cl aim, the .bas.is and scope of which: -shall be clearly
defined. 'The :amounts for such excepted claims s hall not be 'included in the request for final paym A
release may also be required of. the assignee if the Contractor's claim t o amounts payable under this
.contract has` been assign pd.
Prior to making any payment, the: Contracting officer may require the ;C ontractor. to f `receipts or other
evidence of payment: from all persons performingrork and supplying material to the contractor, if the
C offi determines such evidence is necessary .to .substantiate claimed costs:
(k) The AHA shall not
(1) determine or adjust any claims for payment or disputes arising thereunder between the Contractor and
its subcontractors or material suppliers; or,
(2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal
of the AHA to withhold moneys from the Contractor shall in not impair the obligations of any surety or
sureties under any bonds furnished under this contract:
27, contract Modifications
(a) only the Contracting officer has authority to modify any term or condition of this contract. Any contract
modification shall be authorized in writing.
Page 53 of 88
(b) The Contracting Officer may modify the contract unilaterally
'I pursuant to a specific authorization stated in a contract clause (e.g., Changes); or...
(2) for adrn inistrative matters which do not change the rights or responsibilities of the parties (e, g, change in
the AHA address). All other contract modifications shall be in the form of supplemental agreements
signed by the Contractor and the Contracting Officer.
(c) When a proposed modification requires. the approval of .HUD prior to its issuance .(e.g., a change order. that
exceeds the AHA's _approved threshold), such modification shall not be effective .until the required approval
is received :by the AHA.
28g .,Chan
(a) The Contracting Officer may, at any time, without notice to the sureties, by written order. designated or
indicated to be a change order, make changes in the work within the general scope of the contract including
changes:
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) AHA-- furnished facilities, equipment, materials, services, or site; or,
(4) Directing the acceleration in the performance of..the work.
(b) Any other written order or .oral order. (which, as. used. in this paragraphh includes direction,. instruction,
interpretation, or determination) from the Contracting Officer. that causes a change shall. be. treated as a
change order under this clause; provided, that .the Contractor gives the Contracting Officer written notice
stating
the date, circumstances and source of the order and
(2) that the Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement or conduct of .the Contracting Officer shall be treated
as a change under this clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time
required for the performance of any part of the work under this contract, whether or not changed by any
such order, the Contracting Officer. .shall make an equitable adjustment and modify the contract in writing.
However, except_ for a adjustment based on defective specifications,_ no proposal for any change under
paragraph (b) above shall be allowed for any costs incurred more than 20 days (5 days:: for oral orders)
before the Contractor gives written notice as required. In the case of defective specifications for which the
AHA is responsible, the equitable adjustment shall include any increased cost reasonably incurred_ by .the
Contractor in attempting to comply with the defective specifications.
(e) The Contractor must assert its right to an adjustment under this clause within 30 days after
(1) receipt of a written change order under paragraph (a) of this clause, or
(2) the furnishing of a written notice under paragraph .(b) of this by submitting .a written statement
describing the general nature and the amount of the proposal. If the facts justify it, the Contracting
Officer may extend the period for submission. The proposal may be included. in the. notice required
under paragraph (b) above. No proposal by the Contractor for an equitable adjustment shall be allowed
if asserted after final payment under this eontract.
Page 54 of 88
The Contractor.'s written proposal for e a d j ustment. shall b submitted in the form of 2 IUM SUM
proDO S a[ supported with an itemized breakdown of all increases .and :.,decreases� in the ::contract :.in:at� least the
.following details:
1) 'Direct: Costs. Materials (list. individual. items �the y a nd d unit:;cost of:each, and the agg r eg ate
n g a cosh
ia e W h.,ma bri 1:%.; Lb bor' b re a kd own s:, b
aurs.�o.r: unit Costs
Transporta'tion -.and:,deIiver.y%,co.sts a ssociated I d it t a ...,Y:. h
uipmen ,ex
identified �with:..spedificmork'to be .per`f&med);:.C6nstr c on e t d-lusive for the
'y necessa
t ....:f ::to�- hop %:dr Itin ....f '.the ��c an Worker s
chan C preparation a d/ or�-revision s awings:� resu g rom'. e h g e; os s o n
C o and Public Liability Insurance; Emplo taxes under FICA and :FUTA-,and, -Bond
costs -When size .of chan warrants ,revision.
2) 1 n d i rect Go is n.d i rect costs m ay .include :!overhead, general :%,and..administrative...,,expenses, and frin
s.: c,
l
benefits not -.normal y
..treated �as..1d.irect..C.0sts.
e :ne neg and nd ma din to
(3) Profit. 'The .amount of profit shall :-,b accor the nature, extent, 'and
-n 0
corn p Y10 b lexit o f re b -the chan 7he Contractor-sha I. ot:be:all.owed-a.pr fit.on..the..,profit
o d r a
.received:.:by :-an subcontractor. E :ad r d I ied:: work -sh 11 include..a c P 0
r fit
and y
--ma inclu de a credit for indirect costs...On proposals %-co both :increases and decreases in
the
amount of the -contract, the ap application indirect costs :and :profit shall be on the net-chan J
p net chang d
costs for the Contractor or.subcontractor performin the ,work.
reque me:..ex ension a s shall :include in The6� Contractor �al its Jor ti t (if an nd: hall include
sufficieh t inform ation. t
.and d a tes o d whether hether and �.to what extent. the chan will dela the
completco of. the: contract ..'i in its .entiret
h) �The:'Coh tractor rna :seek dela ensation :for, on-s.ite.. or off�site. costs based.
g
-.on J ormulas, -e
%Y �.Co M P
Co n t ractor mus t prove. it e a
1 Rather;
Eidhla or o :form u a. :actual costs res.4 n from su d .1 s. If
Contractor-
requests.
o -,the 'construction, then contractor ...must.: prove �.;and.docurnent
actual. I ,plus: in --or 'compensation for der-to re delay claim or prove compensationJor dela
1i) EXGEPT WHERE 'PROVIDED �BY LAW) OR IN THESE. CONTRACT D_OCUMENTS (IF
TIAL-DAMA
�H E: -_SPECI R-C, NSEQUEkN
B -A
PLIG A, HALL NOT'RE :LIABLE
The Contracting %Officer shall act on proposals within 30 da after their receipt, or notif the Contractor of
.the date when such action will be taken....
k Failure'.to r a on an proposal shall be 2 dispute under the clause entit Disputes herein.
Nothin in this clause, however, shall excuse the Contractor from proceedin with the contract -as chan
1 Except in an emergency endan life or propert no chan shall be made b the Contractor without a
prior order from the Contractin ..Officer.
29. Suspension of Work
'The Contracting Officer ma order.the Contractor in writin to suspend, delay, or Jnterrupt all or an part of
the work of this contract for the. period of time. that the Con Officer. det appropriate for the
convenience of .the AHA.
b If the performance of all. or an part of the.work.is, for an..unrea.sonable period..of time, su d
or interrupted
(1 b an act of the Contracti Officer in the admi of this c or
Pa 55 of 88
(2) by the Contracting officer's failure to act within the time specified (or within a reasonable time if not
specified) in this contract an adjustment shall be made for any increase in the cost of. performance of
the contract (excluding profit} necessarily caused by such unreasonable suspension, delay, or
interruption and the contract modified. in. writing accordingly. However, no adjustment :shall be made
under this .clause for any suspension, delay or interruption to the extent ghat :performance would have
been so :suspended, delayed, or interrupted :by any .other cause, including he fault .or. negligence of the
Contractor or for which any equitable adjustment is provided for. or excluded under any other. provision
of this .contract.
(c) A claim under this clause shall not be allowed (I i for any costs incurred more than 20 days before the
Contractor shall :have notified the .Contracting Officer in writing .of the act or. failure to act involved .(but this
requirement shall not apply as a claim resulting a suspension order); arid, (2 ).:unless the claim, in an
amount stated, is asserted in writing as soon as practi cable: after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the contract.
30. Disputes
(a) General
Should it appear to Contractor that the Work to be performed or any of the matters relative to the Contract
Documents are not satisfactorily detailed or explained. therein, or should. any questions arise as to the
meaning or intent of the Contract Documents, or: should any dispute arise regardingi the true value of any
work performed, work omitted, :extra work that the Contractor may be required to perform, time:,. fiensions,
payment to the Contractor during performance of this Contract performance of the Contract, and/or
compliance with Contract procedures,- orshouid contra ctorotherwise seek -extra time or cornpensation`FOR
ANY REASON WHATSOEVER, the Contractor Shall .first 'fo procedures set forth :in the Contract.'. if a
dispute remains, then Contractor shall give written notice to AHA .that expressly invokes this Clause:
(b) Form and Contents of Claim Contractor's written claim must identify itself as a "claim" under this Cl
aGSe
and rust include the. following:
(1) a narrative of pertinent events;
(2) citation to contract provisions;
(3) theory of entitlement;
(4) complete pricing of all cost impacts;
(5) a time impact analysis of all time delays that shows actual time impact on the critical path;
(6) documentation supporting items 1 through 5; and
(7) a verification,under penalty of perjury of the claim's accuracy.
The claim shall be submitted to AHA within thirty (30) calendar days of receiving AHA's written decision, or
the date Contractor contends such decision was due, and shall be priced like a change o1rder, and must be
updated monthly as to cost and entitlement if a continuing claim. Routine Contract documentation, for
example, correspondence, RFI, Change order request, or payment requests shall not constitute a claim,
Contractor shall bear all costs incurred in the preparation and submission of a claim,
(c) Administration During /After Claim Submission AHA may in its discretion conduct an administrative hearing
on Contractor's claim, in which case Contractor shall appear, participate, answer questions and inquiries,
and present any further evidence or analysis requested by AHA to evaluate and decide Contractor's claim.
Notwithstanding and pending the resolution of any claim or dispute, Contractor shall diligently prosecute the
disputed work to final completion in accordance with AHA's determination. After their submission, claims
less than $375,000.00 shall also be subject to the Local Agency Disputes Act.
Page 56..of 88
(6) If the meet and confer conference does not produce a satisfactory result, Contractor may pursue the
remedies authorized by law.
Page 57 of 88
31. Default
(a if the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the dil igence that
will insure its completion within the time specified in this contract, or any extension thereof, or falls to
complete Said work within 'this time, the Contracting officer may, by writte notice to the Contractor,
terminate the right to proceed with work (or :separable part of the work) `that: has been. delayed. l n 'this
event, the AHA rna.y ta.ke over the work ..and corn. plete it, by contract '.or otherwise; _and::may take. possession
of and use any materials, equipment, and plant on the work :site necessary for. conpfeirg hook. The
Contractor and its =sureties shall be liable for any damage to the AHA resulting from theonractor °s rofusal
or failure to complete the work within the specified time, .whether or not the Contractor' -s right: to proceed with
the work is terminated. This ..liability includes any increased .costs incurred by -the AHA in completing the
work.
(b) The contractor's right to proceed shall not be terminated or the Contractor charged with. damages under this
clause ff
The delay in completing the work arises from unforeseeable causes :.beyond :.the .co..ntrol and without -the
fault or negligence of the Contractor. Examples of such .causes include (ij acts of God, or of the public
ever -y, (ii) .acts of the AHA or other governrr ental entity in .either its sovereign. or contractual ual capacity,
(iii) °acts of another contractor in �the...performance of contract with the. AI-IX (iv) fires; (v) floods, (vi)
epidemics, (Viii) quarantine restrictions, (viii) strikes, (ix) freight em bargoes (x): unusually severe
weather, or (xi) delays of subcontractors or suppliers :at any tier arising. from.:unforeseeable causes
beyond the control and without the fau lt or negligence of .b the 'Cont and -the subcontractors or
suppliers; and
The Contractor, within days o days unless otherwise indicated) from the beginning .of: such delay
(un.less extended by .:the Contracting Officer) notifies the Contracting Officer in writing of th causes of
5
delay. The Contracting Officer shall ascertain the facts and the extent of the delay: Cf, in they judgment of
the C.ontractn �fFicer, tithe findn s .of fact warrant such action, tine 4for cony: lefiin the work
g g
p g shall be
exten b- written dification` a the contract. The :�findin s of `the antractin officer shall be r educed
Y g
g
to Fa xwr tten dec�s on =which shall be subject fo the ;prov s ons of the:Dispu es clause of =this :contract.
(c) If, after termination of the Contractor's right =to proceed, it -is determined that the :Contractor was not in
e au or -a: the del ay. was :excusa e, _t the rig oblioations of e. par ies will e. t e same as if. the
termination :had 'been for convenience of the AHA:
32. Liquidaitec "Damage
(a) if the. :Contract fails. to com plete the work wi the time specified in th e (cont ract, or an as
specifiedljn clause entitlod D efauIt of this contract, the Contractor shall pay to the AHA. as liquidated
damages, the sunk of $200.00 for each day of delay. if different complefion dates are specified in the
for 5 o rate p ar ts o r sta o the w ork, the amount -o liquidated ::d amages shall be assessed o n
those arts. .or .s,ta es .-which are d ela ed. To the extent that the Contractor's Bela ar non erfo
g y y .p rmance is
excused under a clause in`. this: contract, liquidated damages shall not be due the AHA. The
Contractor- remains liable for damages caused other than by delay.
F
(b) if the AHA terminates the Contractor's right to proceed, the resulting damage will consist of liquidated
damages until such reasonable time as may be required for final completion of the work together with any
increased costs occasioned the AHA in completing the work.
(c) if the AHA does not terminate the Contractor's right to proceed, the resulting damage will consist of
liquidated damages until the work is completed or accepted.
Page 58 of 88
33. Termination for Convenience
(2) the cost including reasonable profit) of settli an d paying claims under su and Material
orders for work performed and materials and supplies delivered to. the site, payment :for which has not
been made by the ASIAo the Contractor or by the Contractor to the subcontractor`or- supplier;
3. the -cost .of preserving and protecting the work al performed until the AHA or assig takes
possession thereof or assurnes therefore;
(4) the actual or e stimated cost of legal and accounting services reasonably necessary to prepare and
present the termination claim to the AHA; and
(a) Before commencing work, the Contractor and each subcontractor. shall furnish the AHA with certificates of
insurance showing fihe following insurance is in force and will insure all opeafins under the Contract.
VVorkers Compensation, in :accordance with state Workers' Compensation laves.
Commercial General :Liability with a combined single limit for bodily injury and :pro.pery damage of not
less than $',�oDaD per oocurrence to protect the Contractor :and each subcontractor against claims
for bodily injury or death and damage to the property of others, This shall cover tie.. use of all
equipment, hoists, and vehicles on the site(s) not covered by Automobile Liability under (3) .below. if the
Contractor has a "claims= [jade" policy; then the following additional requ appl.y: the.:policy must
provide a "retroactive date which must be on or before the execution date of the Contract; and the
extended reporting period may not be less than five years following the completion date of the Contract,
Page 59 of 88
(3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection
therewith for a combined single limit for bodily injury and property damage of not less than. $1,000,000
per occurrence.
Poll :Le al Liabilittaerront contractor
.Com..prehensiv.e Pollution .Legal. Iiability (PLL). coverage in the following minimum li its: Comb ined Single
Limit. ,000,000 per incident
(b) All insurance .shall .be carried with companies which are financially. respons ble and admitted -.to do :business
in the State inhih the :project is located. If any such insrahce is due `e expire durir the contruct
period, the Contractor (including subcontractors, as applicable) shall not per.M.it .the c overage Jo.' lapse •a nd
shall furnish evidence of coverage to the Contracting officer. All certificates of insurance, as ev idence of
coverage, shall provide that-no coverage may be canceled or non- renewed by tile. insurance .company until
at least 30 days prior written notice has been given to the Contracting Officer,
36. Subcontracts
(a) Definitions. As used in this contract
"Subcontract" means.any contract,. purchase order, or other purchase agreement, including modifications
and change orders to the foregoing, entered. .into by.. a subcontractor -to. furnish supplies, materials,
equipment, and services for the. performance of the prime contract or a subcontract.
"Subcontractor" means any supplier, vendor, or firm that furnishes supplies, materials, eauipmen or
services to or for the Contractor or.another subcontractor.
(b) The Contractor shall not enter into any subcontract with any subcontractor who has been temporarily
denied participation in a HUD 'program or who has been suspended or debarred from participating in
contracting programs by any agency of the United :State's Government or of the state and /or local
government in which the work under this contract into be performed:`
(c) The Gontcactor shall :betas fully responsible. -for, the acts or :omissions of its subcontractors,-and of persons
either directly or indirectly employed by them as for the acts or omissions of persons directly employed by
the Contractor.
(d) The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the terms and
conditions of this contract insofar as they are applicable to the work of;subcontractocs.
(e) Nothing contained in this contract shall create any contractual relationship between any subcontractor and
the AHA or between the subcontractor and'HUD.
37. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and.
Labor Surplus Area Firm
The Contractor shall take the following steps to ensure ghat; whenever possible, subcontracts are awarded to
small business firms, minority firms, women's business enterprises, and labor surplus area firms
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(b) Ensuring that small and minority businesses and women's business enterprises are.sol�cited whenever they
are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit m
Participation by small and.minority businesses and women's business enterprises;
(d) Establishing delivery schedules, where the requirements of the contract perm it, which encourage
participation by small and .minority businesses and women's business enterprises; and
Page 60 of 88
M employment,
(2) upgrading,
(3) demotion,
Page 61 of 88
(h) In the event of a determination that the Contractor is not in compliance with this clause or any rule,
regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in
whole or in part, and the Contractor. may be. declared ineligible for further Covernrr ent contracts, or
Federally assisted construction contracts under the procedures authorized in Executive Drier. 11:246, as
amended, In addition, sanctions may be imposed and remedies invoked against the Contractor as `provided
in Executive Order 1 246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as
otherwise provided by lave.
(i) The Contractor ShaI include the terms and conditions. of this. clause in .ever y. su b oo ntract :Qr:_pu :o
unless exet� pte:d by the rules, regulations, or orders of the Secretary of Labor' issued unde Order
1:246, as :amended, so that these terms :and conditions wi be .binding upon each subcontractor or vendor,
The Contractor shall take such action with res p ect to. any :subcontract o purchase o as .the Secretary of
Housing and Urban Development or the pecretary of .Labor nay direct as a means of enforcing such
provisions, including -sanctions for noncompliance; provided that if the Contractor Jnvolved in or is
threatened Frith, liti with a subc ontractor o vendor as a result of such 'direc -the =Contractor may
request the United States to enter into the litigation to *otect1he interests of the U nited States
39. Interest of `Members of congress
No member of or delegate to the Congress of the United States of America shall be admitted to any share or
part of this contract or to any benefit that may arise therefrom.
40. Interest of Members, officers, or 'Employees and Former Members, officers, or
Employees
No member, officer, or employee of the AHA, no member of the governing body of .the locaiity in which the
project is situated, nor ember of the governing body of the locality in which the AHA was activb a no
other public official of such locality or localities who exercises any functions or responsibilities with respect to the
project, :shall, during his or her :tenure, or for one year thereafter, have any interest, direct or indirec s in this
contract or the proceeds theredf:
41 'Lim ta�fr�rt� ors rPayn�o=r t� yr�ade 'to �f ��r�ce certain Federa Financial ransattror�s
(a) The Contractor. agrees to com with Section .1 352 of title United States :Code which prohibits the use of
F ederal :appropriated un s tQ pay. any _.person fo r 1n _u.enc ng or a eMD ing e in uence an officer or
employee of any agency, a lvlerriber of Congress and officer or employee of Congress; or are e rn�pioy ee of a
bomber .of Congress in connection Vith any of the folioW n.g covered Federal a ctions; the.: awarding of any
Fe d eral contract; the mak of. any Federal grant; the making of any Federal loan; the m into of: an
y
cooperative. agreement; or the modification` of any Federal cont ract grant; loan, or ecaperati� agreement:
(b) The. Contractor further agrees to. comply with. the requirement of the. Act to furnish a disclosure (OMB
Standard Form LLL, Disclosure of Lobbying Activities`) if any funds other than Federal appropriated f u nds
in cl uding profit or `fee receiv und a co Federa tr ansa ctio n) have been p or will be p aid, to an
erson for influercirn or attern ptn to influence an ofcer erhpicyee` of an a enc a Member of
p g g y g y.
Congress, an officer o r employee of Co or an employee D f a Member of Congress In connection with
a Federal contract, grant, loan, or cooperative agreement.
42. Royalties and Pat
.The Contractor shall .pay all royalties and license fees. It shall defend all suits or claims for infringement of
f any patent rights and shall sane the AHA harmless from loss on account thereof; except that the AHA
shall be responsible for all such loss wh a pa r t ic ular design, process or the p r odu c t of a particular
M anufacturer. or manufacturers is s p eci fied and the C.onti"acto h a s .no reason to be lieve that the specifi
design, process, or product is an infringement. If, however, the Contractor has reason to believe that any
design, process or product specified is an infringement of a patent, the Contractor shall promptly notify the
Contracting Officer. Failure to give such notice shall make the Contractor responsible for resultant loss.
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am aware of .the provisions of Section 3700 of the Labor Code which require .ev employer to b
insur�ed against liability for porkers' corn pensafion or to under�ta.ke self insurance in accordance �iit h
the provisions of that code, and I will comply with such provisions before c the
performance of the`Work. of this Contract
(3) Notwithstanding the foregoing. provisions, before the Contract is executed on behalf of AHA, a bidder to
whom a contract has been awarded shall 4 urnish satisfactory :evidence that it has secu in the planner
required and provided b Ian the .payment of .workers compensation:
(b) Apprentices on Public Wo rks
Contractor shall comply with all applicable provisions of Section 1777.5 and 1777:0 of fihe California Labor
Code relating to employment of apprentices on public works.
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M Work Hours
Contractor shall comply with all applicable .provisions .of Section 181 O to 1 81.'5., .inclusive., of the California Labor
Code relating to working hours. Contractor :.shall, as a penalty AHA, forfeit ;_25:00 dollars. for.each.worker
employed in the execution of .the Contract the Contractor or .by any 5.0 boo ntractor for calendar day
during which Such :worker is ,required or permitted to work more than 8. hours in any one calendar .day and 40
hours in any one calendar creek, unless such work receives compensation 'for all hours worked in excess of 8
hours at not less than 1-1 f2 times the .basic rate of pay.
(d) Retaina.ge From 'Progress'Payments
At the request and 'exp-ense :of Contractor, securities :equivalent to the amount withheld shall be deposited
with the public agency, or with a state ❑r federally chartered bank in this state ,as the escrow agent; who
shall then °pay #hose moneys to the Contractor. Upon satisfactory completion of. the contract, the securities
shall be returned to Contractor.
Alternatively, the Contractor may request: and the AHA shall make payment of retentions earned. directly to
the =escrow agent :at the expense of the contractor. At the expense of the .Contr the Contractor may
direct the investment of the payments into :securities and the Contractor shall receiv&� the =interest earned on
the investments upon the same terms provided for in this section for securities d eposit ed .by Contractor.
Upon satisfactory completion of Contract, 'Contractor shall receive from the` te s crow :agent all securities,
interest, and payments received by the escrow, agent the owner, pursuant to the terms of this section
Securities eligible for investment under this section shall include those listed in Section 1643.0 of .the
Government Code, bank or savings and loan certificates Yaf :deposit; interest- bearing derr�and deposit
accounts, .standby letters of credit, or any other security mutually agreed to by :the contractor and the public
agency. Contractor .shall "be the beneficial owner of any securities substituted. for moneys .Withheld. and shall
receive any interest:thereon.
An C ontractor. who elects to receive interest :on money Withheld in retention b y a pu agenc shall at
Y
the re nest of an subcontractor, make that option mailable to the subcontractor regarding moneys
q Y
r: if -the. contractor ;eleets:to erecei e interest on
bb the contractor' fr :the::sub r
wth_heidn retention yY....
an Y moneys wit hheld in retention. by a publi ag ency, then `.the subcontractor ;Sha'il rece..ve: the identical rate
of interest received by .the contractor on any retention moneys withheld from ..the su bcontractor by. the
contractor; less anyactual. pro. rata costs :associated with administering and -.ca ti at ine>"est: In the
event that the interest rate is a fluctuating -rate, the -rate for the subcontractor shall be.:determined by
calculating the interest rate paid during the time that retentions were withheld from. the subcontractor....lf the
Contractor :elects to substitute securities in 1ieu of retention, then, by mutual consent of the contractor. and
subcontractor; the subcontractor may substitute securities in exchange. for. the release of. held .in
retention by the Contractor. (This provision shall apply only to thoSe subcontractors performing more. than
five percent of the Contractor's total bid:)
Public Contract Code section 22300 is deemed incorporated herein by reference in its entirety, as if
expressly set'forth.
(e) Public Works Contracts; Assignment to Awarding Body
In accordance with Section 7103. of the California Public Contr Code, the Contrac .a n d .S
shall conform to the following requirements. In entering into a public works contract or a subcontract to supply
goods, services, or materials pursuant to a public works contract, the Contractor or. Subcontractor offers and
agrees to assign to the awarding body all rights; title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec.. 15) or under the. Cartwright Act Chapt Z..(commencing
with Section 15700) of Part 2 Division 7 of the Business and Professions Code), arising from purchases of
goods, services, or materials pursuant to the public marks contract or the subcontract. This. assignment shall
be-made and ,become effective at the time the awarding body tenders final payment to the Contractor, without
further acknowledgement by the parties.
Page 04 .of 88
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45. Procurement of Recovered Materials
(a) In accordance with Section 6002 of the Solid Waste Disposal. Act, as .amended :by th .Resource
Conservation and Recovery Act, the Contractor shall procure items designated. in, guidelines. of the
Environmental Protection :Agency (EPA) at 40 CFR Part x247 that contain the..highest. p.orcenfage of
recovered materials .practicable, consistent with maintaining a satisfactory level of competition. The
Contractor shall procure items designated in the SPA guidelines that contain the highest percentage of
recovered materials practicable unless the Contractor determines that -such items:
are not: reasonably available in a reasonable period °of -time;
(2 to meet reasonable performance 'standards, which shall be determined on the .basis of the guidelines
of I.the °rational Institute -of Standards :and'Technology,. if applicable to the item; or
(3) are only available at an unreasonable price.
(b) Paragraph (a) of this clause shall apply to items purchased under this contract where:
(1) the Contractor purchases in excess of X10;000 of the item under this contract; or
(2) during the preceding Federal fiscal year, ::the Contractor: (i) purchased any. amount of the -items for use
under a contract _thaf was #anded °with Federal appropriations and was with a Federal agency or a State
agency or agency ofia political subdivision of ;a State; and (ii) purchased a total of in excess of $10
of the item :both ❑rider and outside that contract.
46. indemnity
(a) Responsibility of Contractor and Indemnification
AHA .and eac of i ts. offi cer s empl oyees consultants and agents shall slot be Viable or accountable in
any manner Mfor loss or damage that xrn happen to any apart =of the work; loss oryoarnage to materials or
other things :.used or employed in perf orming .the W ork; injury, sickness, disease, or d eath of any :person;
ar age o ro erg from an cause. w atsoever excel t their sole ne l i ence W'
dam g P p y .g .y p g g illful
rnis. conduct. or.; .active. ne li ence, attributable to erfo. rnance or charact of the: t�ork and Contractor
g g P
releases all of- the "foregoing and entities: from any and all
�2} Te the farthest :extent by `lave (including without Ii i t California civil Code Section 252
Contractor .shall d ❑f, and .in and. hold harmless .AHA a :each of its officers,
em to ees,. consultants and. agents; from all clams su,ts -ac ions; lo sses a liability of user kind,
p. Y
Y
nature and description; including but not limited t atto s fees 'and consultants fees, directly or
indirectly arising out of, connected with or resulting from performance. pf frock, failure to- perform the
Work, or condition of Work w hich is caused in �r hole or :.part `by any act o.r .o.mission of Contractor,
b 'a�n of them or
s _beontradtors an .one -direr iy or i ndireGfiy erne dyed y y a ny. one for rheas acts an ❑f
y
then ma be liable; regardless of whether it Es caused to part by the negi gene �f aNA ❑r by any
y
perso or entify�r equired'to` b`e indemnified her eunder.
(3) with respect to third party claims against Contractor Contractor waives any and all rights to any. type of
express or implied indemnity against ARIA and each of its officers; employees, cons uItants,
representatives and agents.
(4) Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
Page 66 of 88.
(5) To the furthest extent permitted by lam including, without %limitation, Civil Code Section 2782 the
indemnities, releases -of liability -and 1imitations :.of liability, and limitations of remedy .expressed
throughout the Contract -Documents shall apply even in.-,the event of breach -of contract, negligence
(active .or..passive), fault .:or strict] iabil ity ..of :the -par Y.
indemnified released, .or limited in liability, and
S hall survive the termination, rescission, breach, or completion of Contract Documents. If :contractor
'f ails to perform any of these 'defense or indern ni y Fobl gations, Al lA may in its discretion. 'back.: charge
Contractor for its costs :and damages 're.sultin_g th`ere -from and withhold such sums Jr.orn progress
.payments or other contract monies .which may become due.
(6) The indemnities in Contract :Documents shall not _apply fio any indern lied. partyAo `-the extent of its sole
negligence or willful4misconduct; nor:shall they apply.to AHA to.the :.extent of its active negligence.
END of DOCUMENT
Page 67 of 88