00_72_13_General_Conditions_Final_2026_PLA.pdf

County of San Mateo – COB1 Renovation and Modernization Work Package 2 [P33Z1]

DOCUMENT 00 72 13

GENERAL CONDITIONS

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1 THE CONTRACT

1.1 CONTRACT DESCRIPTION

1.2 CONTRACT DOCUMENTS

1.3 ERROR IN THE DOCUMENTS

1.4 SEPARATE CONTRACTS

1.5 CONTRACT TERMINATIONS

1.6 ALLOWANCES

1.7 DISPUTES

1.8 SEVERABILITY

1.9 HEADINGS

1.10 PROJECT LABOR AGREEEMENT

2 CONTRACT MODIFICATIONS

2.1 MODIFICATION DOCUMENTS

2.2 VERBAL INSTRUCTIONS

2.3 METHOD OF DETERMINING ADJUSTMENT

2.4 CONTRACTOR CLAIMS AND DISPUTES

2.5 DELAYS BEYOND CONTRACTOR’S CONTROL

2.6 HIDDEN CONDITIONS

2.7 HAZARDOUS MATERIALS

2.8 OVERHEAD AND PROFIT

2.9 MAINTAIN RECORDS

2.10 PROPOSAL REQUESTS

3 CONTRACTOR

3.1 DEFINITIONS

3.2 GENERAL

3.3 SUBCONTRACTS

3.4 PERSONNEL AND LABOR POLICY

4 OWNER

4.1 DEFINITION

4.2 GENERAL

4.3 THE DIRECTOR OF PUBLIC WORKS

4.4 OWNER’S CONSTRUCTION MANAGER

5 ARCHITECT

5.1 DEFINITION

5.2 GENERAL

6 PERFORMANCE OF THE WORK

6.1 DEFINITION

6.2 GENERAL

6.3 EXISTING CONDITIONS

6.4 ADJACENT FACILITIES

6.5 PERMITS

6.6 LAWS

County of San Mateo – [insert Department name]

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6.7 EMERGENCIES

6.8 SUBMITTALS

6.9 SUBSTITUTIONS

6.10 CORRECTING WORK

6.11 TESTING

6.12 RECORD DOCUMENTS

6.13 OPERATING AND MAINTENANCE MANUALS

6.14 TRAINING TO OWNER/OWNER'S REPRESENTATIVE

7 TIME

7.1 DEFINITION OF OFFICIAL DATES

7.2 SUBSTANTIAL COMPLETION

7.3 LIQUIDATED DAMAGES

7.4 USE AND OCCUPANCY PRIOR TO SUBSTANTIAL COMPLETION

7.5 SCHEDULE

8 PAYMENTS

8.1 CONTRACT AMOUNT

8.2 CONTRACT AMOUNT BREAKDOWN – SCHEDULE OF VALUES

8.3 PROGRESS PAYMENTS

8.4 OWNER’S FAILURE TO ISSUE PAYMENT

8.5 PAYMENTS WITHHELD

8.6 FINAL PAYMENT AND RETENTION PAYMENT

9 INSURANCE

9.1 HOLD HARMLESS/INDEMNIFICATION

9.2 INSURANCE

9.3 FAILURE TO PROVIDE INSURANCE

10 GUARANTEES

10.1 REQUIRED GUARANTEES

10.2 REPAIR OF GUARANTEED WORK

1 THE CONTRACT

1.1 CONTRACT DESCRIPTION

The Contract Documents form the entire Contract between the Contractor and the Owner. The Contract supersedes prior negotiation and representations, either written or oral.

1.2 CONTRACT DOCUMENTS

A. The Contract Documents consist of the Notice to Contractors, Instructions to

Bidders, Agreement, General Conditions, Special Provisions, Supplementary Conditions, Specifications, Drawings, Addenda, Revisions , Construction Change Directives, Change Orders (including Unilateral Change Orders), RFI Responses, Shop Drawings and other documents listed in the Agreement or included in the Project Manual, and written interpretations and instruction when issued in accordance with the provisions herein.

B. The Contract Documents are complementary and what is required by anyone shall be as binding as if required by all. The Contract Documents are not necessarily complete in every detail. The Contract is to include all labor, materials, equipment and other items as necessary for the proper execution and completion of the work as specified or reasonably inferable as being necessary to produce the intended results in accordance with high quality industry standards.

C. An item designated by reference to the number, symbol, or title of a specific standard such as a commercial standard, a Federal Specification, a Trade Association Standard or other similar standard, shall comply with the requirements in the latest revision thereof and any amendments or supplement thereto in effect on the date of the bid. The standards referred to shall have full force and effect as though printed in the Specifications.

D. The County will arrange for the Contractor to have access to one set of reproducible Drawings. The Contractor may at his expense, reproduce the Drawings and Specifications as needed. All Drawings and Specifications and copies thereof are the property of the Owner. They are not to be used on other projects.

E. For convenience, the Specifications may be arranged in sections, and the

Drawings may be arranged by system or otherwise. Such separation shall not be considered as the limit of Work required of any separate trade. The terms and conditions of such limitations are wholly between the Contractor and his Subcontractors.

F. In general, the Drawings will indicate dimensions, position, quantity and type of construction; and the Specifications will indicate quality and method. Work indicated in one but not the other shall be furnished as though fully set forth in both. Work not specifically marked, specified, or detailed shall be the same as similar work that is marked, specified, or detailed.

G. The Project Manual is a collection of documents assembled for the convenience of the parties and usually includes, but is not limited to, the Notice to Contractors, Instructions to Bidders, General Conditions, Supplementary General Conditions, Special Provisions, Bid Documents, Agreement, and Specifications.

1.3 ERROR IN THE DOCUMENTS

A. Should an error or conflict appear in the Contract Documents, or a conflict with the documents and actual conditions, the Contractor shall notify the Owner, Owner’s Representative, and Architect at once, and the Architect will provide a response and/or issue instructions. If the Contractor proceeds with the work without a written response/instructions, he shall make good any resulting unacceptable work or consequences.

B. Whenever the documents could be construed to be ambiguous or conflicting at the time of Bid, the Contractor is deemed to have included the cost of the more expensive material, method, or requirement in the Contract Amount.

C. Figured dimensions shall govern over scaling and large-scale details shall govern over smaller scale details.

1.4 SEPARATE CONTRACTS

A. The Owner reserves the right to let other contracts in connection with this Project.

Contractor shall afford other County contractor(s) reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs as required by the Owner.

B. If any part of Contractor’s Work depends for proper execution or results upon the work of another contractor, the Contractor shall inspect and measure the work of other contractor and promptly report to the Owner all defects or discrepancies that render it unsuitable for such proper execution or results. Contractor’s action of proceeding with his work shall constitute his acceptance of the prior work as fit and proper for the reception of his work.

C. The Contractor and its respective Subcontractors shall repair any damage he may do to another County contractor’s work to the Owner’s satisfaction.

1.5 CONTRACT TERMINATIONS

A. Owner's Right to Terminate Contract for Cause

If Contractor should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver by the Surety should be appointed on account of his insolvency, or if he should fail to supply enough properly skilled workmen or materials to maintain the schedule, or if he should fail to diligently and expeditiously prosecute the Work, or if he should fail to commence the Work on the Project site per the Owner’s Notice to Proceed, or if he should fail to make prompt payments to Subcontractors or for materials or labor, or persistently disregard laws, ordinances or the instructions of the Owner or Architect, or otherwise breach any provision of the Contract between the Contractor and Owner, the Owner may without prejudice to any right or remedy the Owner may have and after giving the Contractor seven (7) calendar days written notice, terminate the Contract or terminate the Contractor’s right to proceed with the Work and take possession of the premises and of all materials, tools and equipment thereon and finish the Work by whatever method the Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount shall not exceed the expense of finishing the Work, including compensation for additional managerial and administrative services, such excess amount of the Contract shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner.

B. Owner’s Right to Terminate Contract for Convenience

The Owner reserves the right to terminate this contract at any time. Contractor shall be compensated on the basis of the reasonable value of the portion of Work completed as prorated against the Contract Amount or shown as a separate price and the cost incurred for portions of the Work performed but not completed. The total payments to contractor shall not exceed the Contract Amount.

C. Contractor's Right to Terminate Contract

Except as provided by paragraph 1.5.D Emergency Termination, if the Work should be stopped by the Owner, or an order of the court, or other public authority for a period of six months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon twenty-one (21) days written notice to the Owner, terminate this Contract and recover from the Owner the amount owed under the Contract for the portion of Work, if any, which was completed.

D. Emergency Termination

This Contract is subject to termination as provided by Section 4410 and 4411 of the Public Contracts Code of the State of California, being portions of the Emergency Termination of Public Contracts Act of 1949. Said Sections read as follows:

"Sec. 4410. TERMINATION OF CONTRACT FOR PUBLIC WORK IN

GENERAL CONDITIONS

EVENT OF NATIONAL EMERGENCY. In the event a national emergency occurs, and public work, being performed by Contract, is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment, or labor, as the result of an order or of a proclamation of the President of the United States, or of an order of any federal authority, and the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Work, then the public agency and the Contractor may, by written agreement, terminate said Contract."

"Sec. 4411. INCLUSION OF TERMS AND CONDITIONS OF TERMINA-

TION OF CONTRACT IN AGREEMENT: COMPENSATION TO

CONTRACTOR. Such an agreement shall include the terms and conditions of the termination of the Contract and provision for the payment of compensation or money, if any, which either party shall pay to the other or any other person, under the facts and circumstances in the case."

"Compensation to the Contractor shall be determined on the basis of the reasonable value of the Work done, including preparatory Work. As an exception to the foregoing, in the case of any fully completed separate item or portion of the work for which there is a separate Contract price, the Contract price shall control. The parties may in any other case adopt the Contract price as the reasonable value of the Work or any portions thereof."

1.6 ALLOWANCES

A. The Contractor shall include in the Contract Amount all allowances stated in the

Contract Documents. Items or services covered by these allowances shall be supplied as the Owner may direct.

B. Allowances for material and equipment shall cover the cost to the Contractor, less any applicable trade discount, delivered at the site, and all applicable taxes. The Contractor’s costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses required to complete the Work shall be included in the Contract Amount and not in the allowance.

C. Whenever the cost of the material, equipment or service is more than or less than the allowance, the Contract Amount shall be adjusted by the procedure in Section 2, Contract Modifications.

1.7 DISPUTES

Should any dispute including breach, arise out of or relate to this Contract the Contractor shall continue to perform the Work in accordance with the Contract Documents and the Owner and Contractor agree to pursue resolution of the disagreement by whatever means available. Neither a dispute resolution process, the resolution, nor lack of resolution shall delay, hinder, or alter the completion of the Work in accordance with the undisputed portion of the Contract Documents

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and in accordance with the Owner’s direction to Contractor regarding disputed portions of the Contract.

1.8 SEVERABILITY

In the event that any provision or any part of a provision of this Contract shall be finally determined to be superseded, invalid, illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provisions or parts of provisions of this Contract, which shall remain in full force and effect as if the unenforceable provision or part were deleted.

1.9 HEADINGS

The headings of any section or provision of this Contract are for convenience only and shall not be deemed to limit, restrict or alter the content, meaning or effect thereof.

1.10 PROJECT LABOR AGREEEMENT

This work may be covered by the County of San Mateo Project Labor Agreement (PLA) entered by the County of San Mateo with the San Mateo County Building and Construction Trades Council along with Affiliated Unions and the signatory Craft Unions. The PLA establishes the labor relations Policies and Procedures for the County. The Contractor and subcontractors awarded contracts for the Work and for the craft persons employed by the Contractor or subcontractor while engaged in the Work.

The work covered by this Agreement shall be limited to all demolition, construction and rehabilitation work pursuant to prime multi-trade and specialty contracts and all subcontracts, of whatever tier, entered by the County in accordance with:

$3 million or more for projects awarded on or after July 1, 2026 $2.5 million or more for projects awarded on or after July 1, 2027 $2 million or more for projects awarded on or after July 1, 2028 $1 million or more for projects awarded on or after July 1, 2029, with this threshold adjusted annually thereafter based on CA Construction Cost Index.

The goal of the PLA is to provide that the Work brings full employment and economic benefit to the County and its residents. With the PLA, the parties have established a framework for fair wages, hours and working conditions through which these goals may be achieved, and which will permit the utilization of the most modern, efficient and effective procedures for construction, assure a sufficient supply of skilled craft persons, and reduce or eliminate the causes of disruptions or interference with the Work.

GENERAL CONDITIONS

2 CONTRACT MODIFICATIONS

2.1 MODIFICATION DOCUMENTS

A. The Owner, without invalidating the Contract and without consent of surety, may accomplish changes in the Work within the general scope of the Contract consisting of additions, deletions, additional instructions, or other revisions, to the Contract Documents, and where applicable, the Contract Amount and/or the Contract Time being equitably adjusted accordingly. All such changes in the Work may be accomplished by Owner’s Instructions, Architect’s Supplemental Instructions, a Construction Change Directive, a Change Order (including a Unilateral Change Order), as may be applicable in accordance with the provisions of the Contract. The Contract Amount and/or the Contract Time may be changed only by a Change Order. Contractor agrees to promptly proceed with changes in the Work according to the respective form of documentation issued. All changes to the Work and all Contractor requests for additional compensation shall be resolved in accordance with this Section 2, Contract Modifications.

B. A Change Order is a written order from the Owner ordering a change in the Work.

Upon receipt of a Change Order, the Contractor shall promptly proceed with the Work as changed. The Contractor will not delay the Work for any reason. Within ten (10) working days after receiving a Change Order and prior to or simultaneously proceeding with the change in the Work, Contractor shall advise the Owner and Architect of Contractor’s inability to proceed with the Work, and shall state in writing. Proceeding with the Work as changed without submitting a notice to Owner or Owner’s Representative indicates Contractor’s full acceptance of the Change Order including the Contract Amount and/or Contract Time.

C. The signature of the Owner and Contractor on the Change Order indicates their final and conclusive acceptance of the stated terms and provisions as full compensation for the change to the Work. In the event the Owner and Contractor do not agree upon an adjustment to the Contract Amount and/or Contract Time resulting in a Change Order, the Owner may issue a Unilateral Change Order. A Unilateral Change Order is signed by the Owner and issued to the Contractor authorizing an adjustment in the Contract Amount and/or Contract Time as the Owner deems equitable. A Unilateral Change Order does not require the Contractor’s signature but may be signed by the Contractor and returned to the Owner.

D. If Contractor is in disagreement with the terms or provisions of a Unilateral Change

Order, the Contractor shall give the Owner and Architect written notice of his disagreement, the basis thereof, and supporting documentation within ten (10) working days of receiving the Unilateral Change Order. Such notice of disagreement does not excuse performance by the Contractor of all obligations under the Contract Documents and the Contractor shall proceed with the Work including the Work involved with the disagreement. Failure to present such notice of disagreement constitutes a waiver by the Contractor of any entitlement to additional cost or time, or subsequent claim.

E. The Owner and Architect have the authority to issue Owner’s instructions or

Architect’s Supplemental Instructions respectively to the Contractor which may require minor changes in the Work not involving an adjustment in the Contract Amount or an extension of Contract Time. If Contractor believes an adjustment of Contract Amount or Contract Time is justified, Contractor shall not incur additional cost or delay and notify the Owner or Architect in writing within 24 hours of upon receipt.

F. A Construction Change Directive is a written document signed by the Owner and issued to the Contractor to perform as specified. The Contractor shall immediately comply with and perform to the Construction Change Directive. If the Contractor believes an adjustment of Contract Amount or Contract Time is justified, a request may be submitted in accordance with Section 2.4, Contractor Claims. If the Owner concurs with the Contractor a Change Order will be issued.

2.2 VERBAL INSTRUCTIONS

Contractors shall not act or rely upon verbal instructions. If a verbal instruction is provided on site to the Contractor, Contractor shall document such verbal instruction through a confirming RFI. No work will be accepted by the Owner that differs from the Contract Documents as modified in writing.

2.3 METHOD OF DETERMINING ADJUSTMENT

A. An adjustment to the Contract Amount or Contract Time pursuant to a Change

Order resulting from a Construction Change Directive, Claim, or other provision herein shall be determined in one or more of the following ways at the Owners discretion.

1 By negotiation based upon Contractor’s estimate. The estimate shall include quantities of materials and man hours, and a breakdown of cost showing labor, materials, profit, overhead, and all other items of cost. Labor rates for Change Orders shall be agreed upon between the Owner and the Contractor withing thirty (30) calendar days of Contract Award date General requirements, labor burden, project supervision, project management and facilities are not allowed. Overhead and profit shall not exceed the percentages specified in the Contract Documents.

2. By unit prices stated in the Contract or subsequently agreed upon.

3. By acceptance of a lump sum price proposal of Subcontractor to

Contractor.

4. By determination of the Owner and issued unilaterally by a Unilateral Change Order.

B. If the adjustment is not determined by the above methods prior to the Contractor

GENERAL CONDITIONS

starting Work pursuant to the Change Order, Contractor shall proceed with the Work and keep daily accurate records of the labor hours, materials, and other items of cost used in the performance of the changed Work. Copies of the records shall be given to the Owner or Owner’s Representative daily. Contractor shall present at such time and in such form as Owner may prescribe, an itemized accounting together with appropriate supporting data as may be required by Owner to fully substantiate the cost of the changed Work. Owner shall consider such accounting in its determination of equitable adjustment. Overhead and profit shall not exceed the percentages specified in the Contract Documents.

C. Extension of Contract Time will be granted only to the extent that the time required to complete the Work as changed or delayed extends the schedule critical path beyond the contract completion date. If changes or delays do not extend the critical path of the schedule beyond the contract completion date, there will be no contractor entitlement to extended or additional home office expenses. Float, as used in this agreement, is the sum of the amount of time available to a task before the task becomes critical and the amount of time between the scheduled completion date and the contract completion date. Float may be used in the order needed by either the Owner or the Contractor.

2.4 CONTRACTOR CLAIMS AND DISPUTES

A. If the Contractor wishes to request an adjustment in the Contract Amount or

Contact Time, other than pursuant to a Change Order or Construction Change Directive, Contractor shall give the Owner and Architect a written Notice of Claim.

B. Contractor shall file with the Owner any written Claim, including the documents necessary to substantiate it, on or before Substantial Completion, but no later than the day of Contractor’s submittal of final payment on the Contract.

C. The Notice of Claim shall be given by the Contractor to the Owner before conditions occur which are the basis for the Claim, except in an emergency endangering life or property in which case the Contractor should proceed in accordance with Section 6.7, Emergencies. Failure to present such Notice of Claim constitutes a waiver of such Claim.

D. Notices for claims or disputes are valid only if written and shall be a document issued for the sole purpose of notification and titled clearly “Notice of (specify category i.e., delay) Claim.” A separate written notice is required for each subject and issue.

E. Written notice shall be deemed to have been duly served if delivered in person to the individual to whom it is addressed, or if sent by certified mail to the address specified in the Contract Documents as may be revised in writing.

F. The Contractor shall continue to perform its Work under the Contract and shall not cause a delay in the Work during any dispute, claims definition, negotiation, mediation, or arbitration proceeding, except by written agreement by the Owner.

G. The adjustment to the Contract Amount or Contract Time, if any, as the result of a settled claim, shall be determined and issued in accordance with this Section 2, Contract Modifications.

H. All procedures for Claims and Disputes resolution shall be duly processed pursuant to the California Public Contract Code, Division 2, Part 1, Chapter 9 Sections 9201 – 9204.

I. The attention of the Contractor is drawn to Government Code Section 12650, et seq. regarding penalties for false claims.

2.5 DELAYS BEYOND CONTRACTOR’S CONTROL

A. If the Contractor is delayed at any time in the progress of the Work by acts or neglect of the Owner or by any separate contractor employed by Owner, or by labor disputes, fire, unusual delays in transportation, unusually adverse weather conditions, unavoidable casualties or by any other unforeseeable cause of delay beyond the Contractor’s control, which the Owner decides justifies the delay, then the Contract Time may be extended for such reasonable time as the Owner in his discretion may decide. Contractor’s Claim for extension of Contract Time shall be made in writing to the Owner in accordance with Section 2.4, Contractor Claims.

Only one Claim is necessary in the case of continuing delay.

B. Unusually adverse weather conditions for the purposes of this Project are agreed to be work days lost from weather or the effects of weather greater than the number of lost days specified in Section 7.5, Schedule.

2.6 HIDDEN CONDITIONS

Should concealed or unknown conditions be encountered in the performance of the Work below the surface of the ground or in an existing structure be at variance with the conditions indicated by the Contract Documents, or differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, the Contract Amount and/or Contract Time shall be equitable adjusted as provided herein upon Claim by Owner or Contractor. Contractor Claims shall be in accordance with Section 2.4, Contractor Claims.

2.7 HAZARDOUS MATERIALS

Asbestos or other hazardous material may be present in County buildings or on County property. Asbestos is typically in the form of pipe lagging, fireproofing, floor tiles, mastic, and plaster. Soil may be contaminated by petroleum products or other substances. In the event any suspected asbestos or other hazardous material is encountered during construction that may be disturbed by the Work, the Contractor shall stop immediately and notify the County. The Contractor and all Subcontractors shall instruct their employees of the type and location of the most

GENERAL CONDITIONS

likely forms of hazardous material to be encountered and of the procedure to be taken if encountered. Contractor will be responsible for the mitigation and abatement of the hazardous material upon authorization of Owner. All Claims for adjustment in time or money shall be processed in accordance with Section 2.6, Hidden Conditions.

2.8 OVERHEAD AND PROFIT

A. Adjustments to the Contract Amount due to changes in the Work or any other reason, shall include overhead and profit as follows:

1. Contractor’s overhead and profit on the direct cost of Work (labor, material, and equipment) performed by his forces and all Subcontractors shall be a total sum not exceeding twenty percent (20%) in aggregate of such costs.

2. Contractor’s overhead and profit on the direct cost of Work (labor, material, and equipment) performed by Subcontractors shall be a total sum not exceeding ten percent (10%).

3. Subcontractor’s overhead and profit on the direct cost of the Work (labor, material, and equipment) performed by Subcontractor shall be a total amount not exceeding fifteen percent (15%). Subcontractor overhead and profit will be allowed for one tier only.

4. Bonds and Insurance shall not exceed one percent (1%) of the sum of the direct cost of the work, the Subcontractor’s overhead and profit, and the Contractor’s overhead and profit.

5. Changes to the Work ordered by the Architect or Owner which decrease the

Contract Amount shall include overhead and profit in accordance with the above provisions. Value engineering revisions initiated by the Contractor and accepted by Owner which decrease the Contract Amount shall be at cost only.

6. The “direct cost of the Work” is considered to be the cost of labor, material, and equipment incorporated into the construction. Supervision and administration of the work, changes, or claims shall not be included in direct cost.

2.9 MAINTAIN RECORDS

Contractor and Subcontractor shall maintain records, in accordance with generally accepted accounting principles, relating to costs of changes to the Work or Claims for 4 years after the final completion. The Owner will have the right to audit these records at any time up to 4 years after completion of the Project and recover from the Contractor or Subcontractor any amount paid but not substantiated by audit.

GENERAL CONDITIONS

2.10 PROPOSAL REQUESTS

Contractor is required to provide preliminary estimates using their best judgment of time and cost impact of potential changes to the Project as requested by the Architect and/or Owner. Estimates shall be provided to the Architect and Owner within 10 working days of receiving the Proposal Request. Contractor will be responsible for any cost increase or schedule impact resulting from Contractor’s failure to respond within the allowed time.

3 CONTRACTOR

3.1 DEFINITIONS

A. The term Contractor, as used herein, is the person or organization identified as such in the Agreement, and is referred to as if singular and masculine and includes his authorized representatives.

B. The term Subcontractor, as used herein, includes only those persons or organizations having a direct Contract with the Contractor to perform a portion of Contractor’s Work.

3.2 GENERAL

A. Contractor agrees to perform all Work required by the Contract Documents.

B. All Work shall be done in accordance with the best practices of the various trades and/or suppliers and highest industry standards.

C. The Contractor shall keep on the Project site during the progress of the Work a competent superintendent satisfactory to the Owner. The Superintendent shall not be changed except with the consent of the Owner. The Superintendent shall represent the Contractor and all directions given to him shall be as binding as if given to the Contractor.

D. It is the Contractor’s responsibility to diligently prosecute the Work, using his best skills and attention, and the most appropriate techniques and equipment that are required to provide a finished product in compliance with the Contract requirements. Contractor shall insure that no Work is done that does not comply with the Contract Documents.

E. The Contractor shall attend a preconstruction meeting, weekly progress meetings and other meetings as necessary to accomplish the Work and administer the provisions of the Contract.

F. Contractor shall submit to Owner a daily record of Contractor’s activity. Such record shall be delivered to Owner’s Representative daily for previous day’s activity and shall include Project name, date, weather, names of Subcontractors, count of personnel by company, material deliveries, description and location of

GENERAL CONDITIONS

activity and events. The record of daily activity shall not be used as a Notice to

3.3 SUBCONTRACTS

A. The Contractor shall not be permitted to substitute any person or organization for any Subcontractor, person or organization listed by him in his bid without the prior, written consent of the Owner, as provided for in the California Public Contract Code, Division 2, Part 1, Chapter 4, Section 4017.

B. In addition to the information required in Division 00 Bidding Documents regarding

Subcontractors, the Contractor, after execution of the Contract but prior to execution of a subcontract, shall submit the following information on each Subcontractor: name, address, and nature of Subcontractor’s work, Subcontract Amount, and all other information the Owner deems relevant. The Contractor shall not Contract with any such proposed Subcontractor or entity to whom the Owner objects.

C. Contractor shall bind every Subcontractor and every Subcontractor agrees to be bound by the terms of the Contract Documents insofar as applicable to their portions of the Work. The Contractor shall be responsible for the acts and omissions of Subcontractors.

D. Contractor agrees to pay to each Subcontractor promptly upon receiving payment from Owner.

E. Neither the acceptance of the Subcontractor nor any other act of the Owner, nor anything contained in any contract document is to be construed as creating any contractual relation between the Owner and any Subcontractor.

3.4 PERSONNEL AND LABOR POLICY

A. Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ any unfit person or anyone not skilled in the work assigned to them. The Contractor shall be responsible to the Owner for the acts and omissions of its employees and other persons performing work for the Contractor.

B. No person shall be excluded from participation in, denied benefits of, or be subject to discrimination under this Contract on the basis of their race, color, religion, national origin, age, sex, sexual orientation, pregnancy, childbirth or related conditions, medical condition, mental or physical ability, or veteran's status.

Contractor shall ensure full compliance with federal, state and local laws, directives and executive orders regarding non-discrimination for all employees and subcontractors under this Contract.

Violation of the non-discrimination provisions of this Contract shall be considered a breach of this Contract and subject the Contractor to penalties, to be determined

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by the County Manager, including but not limited to: i) termination of this Contract;

ii) disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 5 years; iii) liquidated damages of $2,500 per violation; iv) imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.

To effectuate the provisions of this paragraph, the County Manager shall have the authority to: i) examine Contractor's employment records with respect to compliance with this paragraph; ii) set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County.

Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment Housing Commission or any other entity charged with the investigation of allegations within 30 calendar days of such filing, provided that within such 30 calendar days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint and a description of the circumstance.

Contractor shall provide County with a copy of its response to the complaint when filed.

For contracts over $5,000, with respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse. See Document 00 7373 Supplemental Conditions, Equal Benefits Compliance Ordinance No. 4324, Chapter 2.84.

C. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees working on the Project. Contractor’s affirmative action policies shall be made available to Owner upon request. See Document 00 45 36.01 Equal Opportunity Requirements, Certification of Compliance with Laws Prohibiting Discrimination.

D. It is the policy of the Owner that Contractors on public Projects employ their workers from the local labor market whenever possible. Consistent with that policy, the Contractor is requested to employ his workers from the local labor market. Local labor market within the meaning of this section is defined as the labor market within the geographical confines of the County of San Mateo, State of California.

E. The Contractor shall forfeit, , as per the San Mateo County Office of Labor

Standards and Enforcement (OLSE) and/or the State of California Department of Industrial Relations (DIR) penalties for each laborer, workman, or mechanic employed in the execution of the Contract by Contractor, or by any Subcontractor

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under Contractor, upon any of the Work performed for the Contract, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Article 3, Section 1810.

F. Apprenticeship Program: Contractor shall comply with the provision of California

Labor Code, Division 2, Part 7, Chapter 1, Article 2, Section 1777.5.

G. The Contractor shall comply with the provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Article 2, Section 1776, and the regulations implementing it in Title 8of the California Administrative Code. The Contractor shall be responsible for compliance by his Subcontractors. A certified copy of all weekly payroll records shall be furnished upon request of the Owner, the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the Department of Industrial Relations.

H. Payrolls shall contain the full name, address, and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen.

I. The penalties specified in Subdivision (h) of Labor Code Section 1776 for noncompliance with the provisions of Section 1776 may be deducted by the County from any moneys due or which may become due to the Contractor.

4 OWNER

4.1 DEFINITION

The Owner is the person or organization identified as such in the Agreement and is referred to as if singular in number and masculine in gender and includes his authorized representatives. The Owner may be the County of San Mateo, sometimes referred to as "The County".

4.2 GENERAL

A. The Owner may furnish information after the bid date and not included in the

Contract Documents in the form of drawings, reports, survey data, utility locations, plans of existing facilities and such other information. This information is not part of the Contract Documents.

B. The Owner shall receive copies of all correspondence, notices, approved shop drawings, test reports and such material pertinent to the Contract. The Owner shall have access to the Work at all times.

4.3 THE DIRECTOR OF PUBLIC WORKS

The Director of Public Works for the County of San Mateo or his duly appointed

GENERAL CONDITIONS

representative is the duly appointed agent for the Owner and as such is empowered to act for the Owner in all matters as stated in the Contract Docu-ments or as provided by law.

4.4 OWNER’S CONSTRUCTION MANAGER

A. The Owner may engage a Construction Manager as an Owner’s Representative for the Project. The Owner’s Construction Manager shall receive copies of all communications regarding the Project, have full access to the Work, and be kept informed of all actions taken by the Contractor.

B. The Owner’s Construction Manager shall not interpret the plans, coordinate the

Work, order changes in the Work, supervise the workmen, or perform any duty which is the responsibility of the Architect or the Contractor.

5 ARCHITECT

5.1 DEFINITION

For the purpose of this Contract, the Architect is identified in the Project Manual.

The term "Architect" is the individual, partnership, corporation, joint venture, or any combination thereof, who will have the rights and authority assigned to the Architect in the Construction Documents. The Term Architect means the County’s Architect on this Project or the Architect’s authorized representatives and consultants. Nothing contained in the Contract Documents shall create any contractual relationship between the Architect and the Contractor.

5.2 GENERAL

A. The Architect and the Construction Manager will provide general administration of the Contract between Owner and Contractor.

B. The Architect will have authority to act on behalf of the Owner to the extent pro-vided in the Contract Documents. The Owner's instructions to the Contractor may be issued through the Architect.

C. The Architect shall at all times have access to the Work. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract Documents. The Architect will make periodic visits to the site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract Documents. Architect will endeavor to guard the Owner against defects and deficiencies in the Work.

D. The Architect will be the interpreter of the requirements of the Contract Documents and the judge of the Contractor’s performance thereunder. The Architect will, within ten (10) working days, render interpretations or answers to questions submitted by Contractor. All interpretations and decisions of the Architect shall be consistent with the intent of the Contract Documents. In Architect’s capacity as

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interpreter and judge he will exercise his best efforts to insure faithful performance by all parties of the Contract. The Architect's decision in matters relating to esthetic effect will be final.

E. The Architect will review submittals, samples, adjustments to the Contract, applications for payment, written guarantees, operation and maintenance manual and other documents required by the Contract.

6 PERFORMANCE OF THE WORK

6.1 DEFINITION

A. The term “Work” as used herein is all of the Contractors obligations under the

Contract including, but not limited, to providing all labor, material, equipment and services indicated by the Contract Documents, as-built drawings, punchlist, inspections and approvals required or necessary for occupancy and guarantees.

B. The term “Project” is the total construction planned or contemplated by the Owner of which the Work may be the whole or a part. The Owner may perform or contract for other work on the Project site during the progress of the Work.

6.2 GENERAL

A. The Contractor shall provide, maintain and remove upon completion of the Work, all tools, machinery, equipment, temporary rigging, scaffolding, hoisting equipment, rubbish chutes, barricades around openings and excavation, ladders between floors, fences around buildings, and all other items as required for safe completion of the Work, whether specifically designated or not and shall conform to all requirements in regard to operation, safety, and fire hazards of State and local authorities and of underwriters.

B. Deliver all materials and equipment in the manufacturer’s original sealed, labeled containers and protect items against moisture, rust, dust, tampering, or damage.

C. Place all materials and equipment orders in time to avoid job delay or hindrance.

Schedule deliveries to coincide with the construction schedule so that materials and equipment are promptly installed upon delivery.

D. Except as specifically noted otherwise, the installation and/or maintenance directions provided by the manufacturer shall be followed for all materials and equipment.

E. All materials and equipment shall be new, unless specifically marked otherwise.

F. All materials and equipment not conforming to the Contract Documents shall be rejected and shall be immediately removed from the site of the Work.

G. All utilities and services required by the Contractor including electrical power, GENERAL CONDITIONS water, temporary telephones, temporary sanitary facilities, and temporary heat as required for the proper installation of materials and the completion of the Work shall be provided by Contractor.

H. Shut down of utilities for any reason or duration shall be subject to approval by the

Owner. The Owner requires a minimum notice per Document 00 35 13.19 Special Project Procedures for a utility shut down. When shut-downs of 30 minutes or more are required, the Contractor shall provide alternate service for normal occupancy requirements. Utility shut-downs shall be scheduled during non-business hours.

I. Prior to ordering materials, the Contractor shall verify all measurements, material handling pathway and logistical dimensions at the site and shall be held responsible for their accuracy. No extra compensation will be allowed for differences between actual measurements and the dimensions shown on the Drawings.

J. Fences, office facilities, enclosures, storage sheds, etc., required by the

Contractor in the performance of the Work shall be located where approved by the

K. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.

L. During the progress of the Work, Contractor shall keep the premises orderly and safe and free from accumulation of waste materials and rubbish.

M. At the completion of the Work, Contractor shall remove all waste, surplus materials, and rubbish and shall clean all surfaces, removing all extraneous paint, mortar, dust, and stains, leaving the Work bright, clean and polished.

N. The project is not exempt from any Federal, State or local taxes.

O. Royalty and License Fees incidental to the use of any patented material, device or process shall be paid by the Contractor and in the event of a Claim of alleged infringement of patent rights, the Contractor shall save the Owner free and harmless from loss on account thereof; and also defend, at his own expense, all suits that may be brought in such connection.

P. Contractor shall continuously maintain adequate protection of all Work and shall protect the Owner’s property from damage or loss arising in connection with this Contract.

Q. Precaution shall be exercised at all times for the protection of persons (including

Contractor’s and Owner’s employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the

GENERAL CONDITIONS

safety provisions of the latest safety orders of the State of California: California Code of Regulations, Title 8, Construction Safety Orders (see Department of Industrial Relations at: https://dir.ca.gov), the California Occupational Safety and Health Administration (CAL/OSHA) Safety Orders (at https://dir.ca.gov/dosh/), and CAL/OSHA and Statewide Industry Guidance on COVID-19 (at https://dir.ca.gov/dosh/coronavirus/Health-Care-General-Industry.html).

R. All materials and workmanship shall be subject to inspection, examination, test, and acceptance by the Owner at all times during manufacture and construction and at all places where such manufacture and construction occurs.

6.3 EXISTING CONDITIONS

A. The Contractor by executing the Contract represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed and has correlated his site observations with the requirements of the Contract Documents.

B. The contractor shall carefully study and compare the Contract Documents and existing conditions and dimensions and the connection of the Work to existing conditions and shall report to the Architect any error, conflict, inconsistency, omission, or any variance with laws, ordinances, codes, rules or regulations bearing on the Work. Contractor shall report such conditions to the Architect in writing at such time as to allow at least ten (10) working days for a response with no delay to the Work. All necessary changes shall be accomplished in accordance with Section 2, Contract Modifications.

6.4 ADJACENT FACILITIES

A. The Contractor shall provide adequate protection for all parts of the Project site, and adjacent property, its improvements and its occupants throughout the Work.

All damage done to existing property shall be repaired or replaced at the Contractor’s expense and determined to be acceptable by the Architect and

B. Work shall be executed in careful, orderly manner, with the least possible disturbance to public and occupants of the area.

C. The Owner will continue to use adjacent areas of the facilities. Contractor shall take care to disrupt the Owner as little as possible. Contractor shall provide legal and safe access to all facilities at all times. In order to facilitate use of adjacent facilities Owner may order Contractor to alter or temporarily cease operations.

6.5 PERMITS

A. It shall be the responsibility of the Owner to obtain and pay for all permits, licenses, certificates, approvals, utility connections and services necessary for the proper execution and completion of the Work.

B. All fees which are for temporary approvals or services, such as those which are necessary for construction procedures, shall be paid by the Contractor.

C. In the event the Special Provisions require the Owner to pay any fee, the

Contractor shall notify the Owner in writing, twenty (20) working days in advance of a required fee payment.

D. It is the policy of the County to cooperate with State, County and City officials in regard to the construction of this Project, and it is the responsibility of the Contractor and all his Subcontractors to meet the requirements of government officials having responsibility for inspecting or observing construction by taking out permits for the Work, calling for inspections and adhering to safety practices in accordance with standard practice. In the case of conflict of any of these provisions, the Owner shall be notified. The term Inspector means a Public Building Construction Inspector or an individual performing the inspection as required by building codes or jurisdiction.

6.6 LAWS

A. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work. If the Contractor performs any Work contrary to such laws, ordinances, rules and regulations, he shall bear all costs and delays arising therefrom.

B. Owner and Contractor have all rights provided by law not specifically waived by this Contract.

6.7 EMERGENCIES

A. In an emergency affecting the safety of life, the Work, or property, the Contractor, without special instruction or authorization from the Owner, is hereby permitted to act, at…