AIR CONDITIONING MAINTENANCE SERVICE

Transcription

1 BOOK 1 CONTRACT DOCUMENTS for AIR CONDITIONING MAINTENANCE SERVICE at the Defense Manpower Data Center (DMDC) DoD Building #4385, Seaside, California Approved by: Tim O Halloran, P.E. City Engineer / Public Works Services Manager Reviewed by: Rick Riedl, P.E., Associate Civil Engineer CITY OF SEASIDE Department of Public Works July 29, 2010

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3 Table of Contents Air Conditioning Maintenance Service I. Notice to Inviting Bids... 2 II. Special Provisions... 3 Section 1. General Information... 3 Definitions and Terms... 3 Contract Documents... 3 Regulations... 3 Wage Rates... 4 Interpretation of Contract Documents... 4 Section 2. Proposal Requirements and Conditions... 5 Examination Of Contract Documents and Work Site... 5 Bid Validity... 5 Unbalanced Bid... 5 Withdrawal Of Proposal... 5 Bid Rejection... 5 Disqualification of Bidders... 5 Competency of Bidders... 5 Permits and Licenses... 5 Section 3 Award and Execution of Contract... 6 Contract Bond... 6 Indemnification... 6 Responsibility for Damage and Insurance... 6 Section 4. Beginning of Work...10 Pre Contract Conference...10 Section 5. NOT USED...10 Section 6. NOT USED Section 7. Materials...11 Section 8. Other Requirements...12 Payroll Records...12 Contractor's Copies of Contract Documents...12 Project Appearance...12 Order of Work...12 Descriptions of Bid Items...13 Ancillary Items...15 III. Performance Work Statement...16 Attachments Exhibit A AC Equipment List Exhibit B Maintenance Schedule...

4 CITY OF SEASIDE I. NOTICE INVITING BIDS AIR CONDITIONING MAINTENANCE SERVICE at the Defense Manpower Data Center (DMDC) PUBLIC NOTICE IS HEREBY GIVEN that the City of Seaside will receive sealed bids for the above stated project in the office of the City's Deputy City Manager Administrative Services, located at City Hall, 440 Harcourt Avenue, Seaside, CA 93955, until 3:30 P.M. on Monday, August 30, 2010, at which time all bids will be publicly opened and read aloud. The scope of the work will consist of all labor, material, equipment and services necessary to complete the work shown in the contract documents, including but not limited to: The maintenance of air conditioning systems located in the Defense Manpower Data Center (DMDC), DoD Building #4385, Seaside, CA. A site visit will be held on Monday, August 16, 2010 at 2:00 PM at the Defense Manpower Data Center DoD Building #4385, Seaside, California. Contractors will meet outside the front entrance to the building. Copies of the Bid Documents are available from the City of Seaside Resource Management Services office, 440 Harcourt Avenue, Seaside, CA 93955; by telephone at (831) ; by fax at (831) or from the City s website, There is a nonrefundable fee of $5.00 charged for the contract documents and an additional $2.00 mailing fee. All electricians performing work under this contract, as defined as making electrical connections at or above 100 volt-amperes, shall be certified pursuant to Section 3099 et seq. of the California Labor Code. Contractor shall submit proof of certification, or proof that the requirements of Section (a) of the California Labor Code have been met, prior to electricians commencing work under this contract. The successful bidder shall furnish a Surety Bond in the contract amount. The successful bidder will be required to secure a City business license and must possess an Air Conditioning Contractor License before commencing work on the project. The Contractor must pay the higher of the State general prevailing wage or the Federal minimum wage rates. The State general prevailing wage rates have been determined by the Director of the California Department of Industrial Relations and are pursuant to Section 1773 of the Labor Code and can be found at Federal minimum wage rates are included in these contract documents at Appendix 1. Current Federal minimum wage rates can be found at the following website: The City reserves the right to reject any or all bids and the right to waiver minor irregularities or informalities in any bid proposal. CITY OF SEASIDE Public Works Department /s/ 7/28/10 Tim O Halloran, PE City Engineer / Public Works Services Manager Date AC Maintenance Service Page 2

5 CITY OF SEASIDE II. SPECIAL PROVISIONS Air Conditioning Maintenance Service SECTION 1. GENERAL INFORMATION DEFINITIONS AND TERMS For the purposes of this document, the following definitions shall apply: CITY: ENGINEER OR CITY ENGINEER: BIDDER: CONTRACTOR: COUNCIL OR CITY COUNCIL: SPECIAL PROVISIONS: CCONTRACT DOCUMENTS: The term City refers to and indicates the City of Seaside, Monterey County, State of California. The term Engineer or City Engineer refers to and indicates the City Engineer / Public Works Services Manager of the City of Seaside or his duly authorized representative. Party submitting a bid for consideration by the City of Seaside The term Contractor refers to and indicates the party or parties contracting to perform the work to be done in pursuance of these contract documents. The City Council of the City of Seaside Section II of these contract documents. This document, in its entirety. CONTRACT DOCUMENTS Order of precedence: The work embraced herein shall be done in accordance with the appropriate provisions of these Contract Documents. In case of conflict, the order of precedence shall be as follows: The Performance Work Statement, shall take precedence over the Special Provisions. REGULATIONS The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the work and safety. These authorities include but are not limited to: 1. Uniform Building Code (latest edition as adopted by the City of Seaside) 2. California Building Code (latest edition as adopted by the City of Seaside) Nothing in these contract documents shall be construed as permitting work not conforming to the above regulations and codes. All electricians performing work under this contract, as defined as making electrical connections at or above 100 volt-amperes, shall be certified pursuant to Section 3099 et seq. of the California Labor Code. Contractor AC Maintenance Service Page 3

6 shall submit proof of certification, or proof that the requirements of Section (a) of the California Labor Code have been met, prior to electricians commencing work under this contract. WAGE RATES Wage Rates This project is partially or completely federally funded. Federal and/or State prevailing wage rates, whichever are higher, shall apply. Contractor and all subcontractors shall be responsible for determining which prevailing wage rate applies to the corresponding labor classification to be used in the execution of this contract and shall pay accordingly. State of California Prevailing Wage Rates Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the County of Monterey have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet Web Site at: or at the City of Seaside Public Works Department office at 440 Harcourt Avenue, Seaside, CA.. Future effective general prevailing wage rates which have been predetermined and are on file with the Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication entitled "General Prevailing Wage Rates" refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this Contract in the same manner as if it has been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this contract, such wage rate shall apply to the balance of the contract. The Federal Prevailing Wage Rates are predetermined by the United States Secretary of Labor and are available from the U.S. Department of Labor Employment Standard Administration internet website at If there is a difference between the Federal minimum wage rates predetermined by the Secretary of Labor and the State General prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. INTERPRETATION OF CONTRACT DOCUMENTS Should a Bidder be in doubt as to the true meaning of any item in the contract documents or should Bidder discover items containing discrepancies or omissions, the Engineer shall be immediately notified. The party submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents prior to bid opening will be made only by addendum duly issued, and a copy of such addenda will be mailed to each person receiving a set of such documents. The City will not be responsible for any other explanations or interpretations of the proposed documents. All requests for interpretations must be submitted forty-eight (48) hours before bid opening. Such addenda are to be considered as part of the contract documents, and the bidder shall acknowledge this condition by listing each addendum by number in his proposal. The Engineer shall not be held responsible for any oral interpretations or instructions. AC Maintenance Service Page 4

7 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS EXAMINATION OF CONTRACT DOCUMENTS, AND WORK SITE. -- The bidder shall examine carefully the site of the work contemplated and the proposal and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed, materials to be furnished, and as to the requirements of the contract documents, and the contract. BID VALIDITY No bidder may withdraw his or her bid for the period specified in the Proposal Form of the Bidder s Proposal for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding of the contract. UNBALANCED BID, Bids which are obviously unbalanced may be rejected. For the purposes of this section, an unbalanced bid is one that a) has unit prices based on nominal prices for some items of work and enhanced unit prices for other items of work, and b) the amount and manner in which the unit prices are distributed is not reflective of the true cost to perform the work. Any unbalanced bid may be rejected by the City Engineer whether the result of the unbalanced bid increases the cost of the project to the City or not. WITHDRAWAL OF PROPOSAL.-- Any bid may be withdrawn at any time prior to, but not after, the hour fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Engineer. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. BID REJECTION Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. The City reserves the right to reject any or all bids as the best interests of the City may dictate and, to the extent permitted by law, waive any irregularity in any bid. DISQUALIFICATION OF BIDDERS.-- More than one proposal from an individual, firm, or partnership, a corporation, or an association under the same or different names, will not be considered. This shall not be interpreted to mean that the same Contractor may not be interested in one bid as prime Contractor and another as subcontractor, providing no collusion exists. COMPETENCY OF BIDDERS.-- No bid will be accepted from or contract awarded to a Contractor to whom a proposal form has not been issued by the Engineer or who has not successfully performed on projects of similar character and scope of proposed maintenance project. Bidders are required to furnish a complete experience statement with the proposal. PERMITS AND LICENSES.-- The Contractor shall: Hold a valid City of Seaside business license during the execution of this contract. Possess the appropriate State of California contractor license prior to commencing the work Obtain all applicable permits AC Maintenance Service Page 5

8 SECTION 3. AWARD AND EXECUTION OF CONTRACT CONTRACT BOND. -- The successful bidder shall furnish a surety bond, which shall be executed in a sum equal to one hundred percent of the Contract price and issued by a bonding company with an A.M. Best rating of A- or better, or instrument of credit. The surety bond shall serve as surety for the guaranty requirements, as follows. The successful bidder shall unconditionally guarantee the materials for a period of one year from the date of recording of the notice of completion. The guarantee shall cover one hundred percent of all costs of repairs within this one-year period, including all costs of labor, materials, equipment and incidentals. A surety bond in the amount of one hundred percent of the contract price shall be furnished to the City by the successful bidder to cover the aforesaid guaranty. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material suppliers, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required as is considered necessary considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignees of the Contractor until such bond or bonds or additional surety have been furnished. INDEMNIFICATION -- To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless, City and any and all of City's boards, officers, employees, agents, assigns, and successors in interest through legal counsel reasonably acceptable to the City, from and against any and all claims losses, demand and expenses, including, but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the work performed by Contractor under this agreement. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. RESPONSIBILITY FOR DAMAGE AND INSURANCE -- Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate. Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: Explosion, collapse or underground hazard (XCU) Products and completed operations Pollution liability Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. 2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law AC Maintenance Service Page 6

9 with employer's liability limits no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. 4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence and aggregate. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII. Contractor and City agree as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of Contractor also agrees to require all contractors, subcontractors, and anyone else involved in any way with the project contemplated by this agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project(s) contemplated by this agreement, to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. AC Maintenance Service Page 7

10 e1imation of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement. 15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to AC Maintenance Service Page 8

11 products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the city, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 19. Any provision in any of the contract documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers working on this project through Contractor. City shall determine the liability limit. AC Maintenance Service Page 9

12 SECTION 4. BEGINNING OF WORK PRE CONTRACT CONFERENCE. -- Prior to or in conjunction with issuance of the notice to proceed, a pre contract conference will be held for the purpose of discussing with the Contractor the scope of work, contract documents, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor's representative at this conference shall include all major superintendents for the work and may include major subcontractors. SECTION 5. NOT USED SECTION 6. NOT USED AC Maintenance Service Page 10

13 SECTION 7. MATERIALS At the request of the Engineer, the Contractor shall submit manufacturer/supplier certificates of compliance for any or all materials used in the project. If certification is so requested, said certificates must be reviewed and approved in writing by the Engineer prior to any use or installation of the material on the project. TRADE NAMES AND ALTERNATIVES - Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as if followed by the words "or acceptable equal," whether or not such words appear. The Contractor may offer material or equipment with equal or better qualities of performance in substitution for those specified which he considers would be in the Engineer's interest to accept. No offers for substitution will be acknowledged or considered from suppliers, distributors, manufacturers, or subcontractors. Any such offer shall be made in writing to the Engineer for his consideration at least 4 weeks in advance of the time at which the Contractor wishes to order the material or equipment for use in the work. The Contractor shall include with his offer sufficient data which, together with any other data the Engineer may require, will enable the Engineer to assess the acceptability of the material or equipment. When the substitute equipment or material necessitates changes to or coordination with any portion of the work, the data submitted shall include drawings and details showing all such changes, and the Contractor shall perform these changes as a part of any acceptance of substitute material or equipment. The use of any material or equipment so offered will be permitted only after written acceptance of the Contractor's offer by the Engineer. Such acceptance by the Engineer shall not relieve the Contractor from full responsibility from the efficiency, sufficiency, and quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name. AC Maintenance Service Page 11

14 SECTION 8. OTHER REQUIREMENTS PAYROLL RECORDS. -- The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats. 1978, Ch. 1249). The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (1) Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee by him or her in connection with the public work. (2) The payroll records enumerated under Subdivision A shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (b) A certified copy of all payroll records enumerated in Subdivision A shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. (c) A certified copy of all payroll records enumerated in Subdivision A shall be made available upon request to the public for inspection or copies thereof made; provided however, that a request by the public shall be made through the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Contractor. (3) Each Contractor shall file a certified copy of the records enumerated in Subdivision A with the entity that requested such records within ten days after receipt of a written request. (4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards of the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. (5) The Contractor shall inform the City of the location of the records enumerated under Subdivision A, including the street address, City and county, and shall, within five working days, provide a notice of a change of location and address. (6) In the event of noncompliance with the requirements of this section, the Contractor shall have ten days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such ten day period, the Contractor shall, as a penalty to the City, forfeit twenty-five dollars for each working day, or portion thereof, for each worked, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS. -- The Engineer will supply the Contractor with five (5) sets of contract documents. At least one complete copy of these contract documents shall be kept at the site in good condition and shall at all times available to the Engineer. Additional copies of the contract documents, if required, can be furnished by the Engineer at the cost of reproduction. PROJECT APPEARANCE. -- The Contractor shall maintain a neat appearance to the work. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. ORDER OF WORK. -- The Contractor's sequence of operations shall provide for the maintenance of full and uninterrupted utility services, except that minor planned interruptions of utility services may be permitted, prior written approval of the Engineer. The Contractor shall submit to the City a written notice of the intent to disrupt AC Maintenance Service Page 12

15 services at least ten days prior to the planned disruption. The work as specified in these special provisions shall be completed in a sequence which is satisfactory to and which has been approved by the Engineer. The Contractor shall obtain approval of his sequence of work, layout of work, and schedule prior to commencing work on the project or any part of the project. Full compensation for conforming to the provisions of this article shall be considered as included in the price paid for the various contract items of work, and no additional allowance will be made therefore. DESCRIPTIONS OF BID ITEMS: The unit and lump sum prices paid shall be full compensation for completing the contract, and shall include all labor, materials, equipment, taxes and incidentals for a complete job, and no separate or additional compensation shall be made therefor. Payment of all the following items shall be for actual materials installed on the job and for actual work accomplished. The original contract term is from September 20, 2010 through May 31, There are four optional additional year terms, which end on May 31 of each subsequent year. The scope of work for each item shall include, but shall not be limited to: BASE BID Item 1. Bimonthly Service: The bimonthly service of the 29 split package AC units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per bimonthly basis. Item 2. Quarterly Service: The quarterly service of the 2 chiller units shall be performed in through May 31, This item will be paid on a per quarterly basis. Item 3. Annual Service: The quarterly service of the 2 chiller units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per annual basis. Item 4. Eddie Current Test: The annual inspection of the 2 chiller units shall be performed in through May 31, This item will be paid on a per annual basis. Item 5. Semiannual Service: The semiannual service of the cooling tower shall be performed in through May 31, This item will be paid on a per semiannual basis. Item 6. Bimonthly Service: The bimonthly service of the 2 heat pumps shall be performed in through May 31, This item will be paid on a per bimonthly basis. Item 7. Trouble Calls. Call back service shall be furnished upon request by the COR. Payment for this item shall be two hours of travel time, and the hourly rate that is appropriate for the time of call, being standard time or overtime. Hourly rates shall include labor and equipment rates. ADDITIVE ALTERNATES A1 THRU A6 These items apply to the first optional renewal year (Term 2: June 1, 2011 through May 31, 2012), if awarded: Item A1. Bimonthly Service: The bimonthly service of the 29 split package AC units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per bimonthly basis. Item A2. Quarterly Service: The quarterly service of the 2 chiller units shall be performed in through May 31, This item will be paid on a per quarterly basis. AC Maintenance Service Page 13

16 Item A3. Annual Service: The quarterly service of the 2 chiller units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per annual basis. Item A4. Semiannual Service: The semiannual service of the cooling tower shall be performed in through May 31, This item will be paid on a per semiannual basis. Item A5. Bimonthly Service: The bimonthly service of the 2 heat pumps shall be performed in through May 31, This item will be paid on a per bimonthly basis. Item A6. Trouble Calls. Call back service shall be furnished upon request by the COR. Payment for this item shall be two hours of travel time, and the hourly rate that is appropriate for the time of call, being standard time or overtime. Hourly rates shall include labor and equipment rates. ADDITIVE ALTERNATES B1 THRU B6. These items apply to the second optional renewal year (Term 3: June 1, 2012 through May 31, 2013), if awarded: Item B1. Bimonthly Service: The bimonthly service of the 29 split package AC units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per bimonthly basis. Item B2. Quarterly Service: The quarterly service of the 2 chiller units shall be performed in through May 31, This item will be paid on a per quarterly basis. Item B3. Annual Service: The quarterly service of the 2 chiller units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per annual basis. Item B4. Semiannual Service: The semiannual service of the cooling tower shall be performed in through May 31, This item will be paid on a per semiannual basis. Item B5. Bimonthly Service: The bimonthly service of the 2 heat pumps shall be performed in through May 31, This item will be paid on a per bimonthly basis. Item B6. Trouble Calls. Call back service shall be furnished upon request by the COR. Payment for this item shall be two hours of travel time, and the hourly rate that is appropriate for the time of call, being standard time or overtime. Hourly rates shall include labor and equipment rates. ADDITIVE ALTERNATES C1 THRU C7. These items apply to the third optional renewal year (Term 4: June 1, 2013 through May 31, 2014), if awarded: Item C1. Bimonthly Service: The bimonthly service of the 29 split package AC units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per bimonthly basis. Item C2. Quarterly Service: The quarterly service of the 2 chiller units shall be performed in through May 31, This item will be paid on a per quarterly basis. Item C3. Annual Service: The quarterly service of the 2 chiller units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per annual basis. AC Maintenance Service Page 14

17 Item C4. Eddie Current Test: The annual inspection of the 2 chiller units shall be performed in through May 31, This item will be paid on a per annual basis. Item C5. Semiannual Service: The semiannual service of the cooling tower shall be performed in through May 31, This item will be paid on a per semiannual basis. Item C6. Bimonthly Service: The bimonthly service of the 2 heat pumps shall be performed in through May 31, This item will be paid on a per bimonthly basis. Item C7. Trouble Calls. Call back service shall be furnished upon request by the COR. Payment for this item shall be two hours of travel time, and the hourly rate that is appropriate for the time of call, being standard time or overtime. Hourly rates shall include labor and equipment rates. ADDITIVE ALTERNATES D1 THRU D6. These items apply to the fourth optional renewal year (Term 5: June 1, 2014 through May 31, 2015), if awarded: Item D1. Bimonthly Service: The bimonthly service of the 29 split package AC units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per bimonthly basis. Item D2. Quarterly Service: The quarterly service of the 2 chiller units shall be performed in through May 31, This item will be paid on a per quarterly basis. Item D3. Annual Service: The quarterly service of the 2 chiller units shall be performed in accordance with Chapter III, Performance Work Statement. This is for the original contract term through May 31, This item will be paid on a per annual basis. Item D4. Semiannual Service: The semiannual service of the cooling tower shall be performed in through May 31, This item will be paid on a per semiannual basis. Item D5. Bimonthly Service: The bimonthly service of the 2 heat pumps shall be performed in through May 31, This item will be paid on a per bimonthly basis. Item D6. Trouble Calls. Call back service shall be furnished upon request by the COR. Payment for this item shall be two hours of travel time, and the hourly rate that is appropriate for the time of call, being standard time or overtime. Hourly rates shall include labor and equipment rates. ANCILLARY ITEMS Payment for any items that do not have instruction indicating where expenses for said items are to be accounted for are to be considered ancillary to the work and accounted for in every one of the lump sum or unit price items and no additional compensation will be allowed therefor. AC Maintenance Service Page 15

18 III. PERFORMANCE WORK STATEMENT (PWS) DMDC AIR CONDITIONING MAINTENANCE SERVICE 1.0 General. The Defense Manpower Data Center (DMDC) has a requirement for Air Conditioning Systems Maintenance, Emergency Repairs, and System modification or alteration at the Defense Manpower Data Center (DMDC) facility in Seaside, California (Department of Defense (DoD) Center Monterey Bay). 1.1 Scope. The Contractor shall provide complete and full preventative maintenance and emergency repairs on air conditioning equipment as listed in Exhibit A as well as system modifications or alterations should the air conditioning needs change. The Contractor shall provide Monthly chemical testing and treatment to Water system for Cooling Tower and Chillers. 2.0 PART 1 Extent of Work 2.1 Contractor s Duties The Contractor shall furnish all labor, tools and equipment necessary to provide full preventative maintenance service and emergency response on the equipment described. The contractor is to provide all materials needed to complete the Preventive Maintenance listed in the DETAILED DESCRIPTION OF SERVICE LEVELS, below Any work not specifically mentioned but which is needed to make the preventive maintenance complete is within the intent of this Performance Work Statement (PWS) and shall be performed by the Contractor The Contractor shall perform, coordinate and complete the requirements of this PWS in cooperation with any other contractors or trades doing any work at the DoD Center, in a prompt, diligent, and good workmanlike manner to the full and complete satisfaction and acceptance of the Government. The Contractor shall perform the requirements of the PWS in a manner that will not impede or obstruct the ongoing business activities of any tenants at the DoD Center The Contractor shall maintain all equipment to its original design capabilities based on the equipment condition as surveyed and all the technical information available at time of award The Contractor shall provide routine servicing of equipment as frequently as indicated in Exhibit B. Time expended on routine service shall consist of examination, minor adjustment, cleaning and lubricating the equipment. All lubrication frequencies and types of lubricants will meet the manufacturer s specifications. Any repairs or replacement of equipment is to be considered as additional time beyond that required for routine service. 2.2 Exclusions: The following work is excluded from this PWS and is not the responsibility of the Contractor: Power supply feeders to the main disconnect located on the air conditioner or chiller. All others are the Contractor s responsibility Other items caused by vandalism or negligence by persons other than the Contractor, its representative and employees, excluding wear and tear. The Contractor shall obtain the Contracting Officer s written approval to repair vandal related problems. Payment will not be made for any unauthorized work. 2.3 Conditions of Service. The Contractor shall maintain all equipment in a good operating condition in accordance with manufacturer's specifications and should conditions warrant repair or replacement of the equipment. 2.4 Special Tests. A detailed report of the tests shall be sent to the COR within two (2) weeks after the test has been completed for historical record. AC Maintenance Service Page 16

19 2.5 Housekeeping. All debris such as wiping rags, Hazardous Waste, trash, etc., resulting from this work shall be promptly removed and properly disposed of by the Contractor. 2.6 Stock of Materials. The Contractor shall have repair parts in a warehouse within one hundred (100) miles of the project or reasonably obtainable within 24 hours. 2.7 Wiring Diagrams: A complete set of all wiring diagrams and service manuals for the Air Conditioners covered under this SOW shall be maintained in the facilities maintenance office. All changes in circuitry made by the Contractor shall be properly recorded to include the date of change and name of person making same. The wiring diagrams are the property of the Government and are to remain in the facilities maintenance office. 2.8 Schedules and Records: Contractor shall provide a work schedule for each air conditioner unit These work schedules shall be designed for each type of equipment to be serviced, such as evaporators and condensers and shall conform to the manufacturer's recommended practice for the particular equipment concerned. They shall show the kind and frequency of service and lubrication proposed by the Contractor for the duration of the contract All inspections, lubrication, adjustments, tests, cleaning, routine repairing and other preventative maintenance activities shall be performed in accordance with schedules submitted by the Contractor Schedules posted shall be of the chart type which shall be initialed by the serviceman when each scheduled inspection is performed The Contractor shall also maintain an accurate and complete log of all work performed in addition to routine service at each location. These logs shall include call back service describing the nature of all complaints and their resolution. The logs shall be kept in the room serviced by the air conditioner. In addition to the specified air conditioners, Contractor's workmen or supervisor shall log in and out of the facility on each and every visit. This includes, but is not limited to, routine maintenance, trouble calls, repairs and supervisor's visits. These logs will remain the property of the Government The Contractor, on a bi-monthly basis, shall deliver to the COR a copy of the callback and repair log All forms required for the above schedules, bi-monthly work sheets, call back records and performance reports must be approved by the COR. 2.9 Personnel: All services shall be performed by personnel directly employed and/or supervised by the Contractor. All repairs shall be performed by a Journeyman Level Mechanic as a minimum. Helpers/ Apprentices may not work alone but may assist the Mechanic as needed. In the event that the Government becomes dissatisfied with the performance of any persons assigned to perform the services under this PWS, the Contractor agrees, upon request from the Contracting Officer, to assign other qualified personnel to perform these services Contractor personnel shall wear uniforms which bear the Contractor s name or other appropriate symbol which identifies them as employees of the Contractor and such uniforms shall be clean and in good condition Contractor personnel shall wear government provided identification badges in plain sight at all times while working on the equipment or inside the DoD Center. Security back ground identification checks may be required to obtain identification badges. AC Maintenance Service Page 17

20 3.0 PART 2 Special Provisions 3.1 Performance Guarantee. In the event of catastrophic failure of Air Conditioning equipment that serve mission critical computer systems, the contractor shall be responsible for furnishing the appropriate size unit to keep the space cool while repairs are being made. 3.2 Hours of Work: All work shall be performed during the regular working hours, 7:30 a.m. to 4:00 p.m., Monday through Friday. If overtime work is required, the Contractor shall request approval from the Contracting Officer. 3.3 Trouble Calls. Call back service shall be furnished upon request by the COR. Emergency repairs shall begin within two (2) hours of a call from the building staff, 24 hours a day, 7 days a week. The government agrees to pay two hours of travel time, and the rate that is appropriate for the time of call, being standard time, or overtime, using the rates stated in the contract documents. AC Maintenance Service Page 18