3-TB2718-RCM - Attachment A.1 - Additional TsCs.pdf

ATTACHMENT A.1 TB2516-HCM

ADDITIONAL TERMS AND CONDITIONS

EQUIPMENT AND WORKMANSHIP:

All equipment and/or materials incorporated into the work covered by this purchase order/contract shall be of the most suitable grade for the purpose intended, unless otherwise specifically provided in this purchase order/contract.

All work under this purchase order/contract shall be performed in a skillful and workmanlike manner; and shall be performed in accordance with all applicable federal, state and local laws, ordinances and codes. The Salt Lake City School District (SLCSD) may require, in writing, that the vendor remove from the work any employee deemed by the SLCSD to be incompetent, careless, or otherwise objectionable. The vendor shall follow all Lockout/Tag out Procedures according to OSHA regulations; wear appropriate Personal Protective Equipment (PPE) while on the job; and follow proper protocol and obtain permits for a confined space entry. All work shall be performed in accordance with any applicable federal, state, and/or local laws/ordinances.

PROTECTION OF SLCSD OWNED PROPERTY:

The vendor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this purchase order/contract or failure to exercise reasonable care in performing the work. If the vendor fails or refuses to repair the damage promptly, the contracting officer may have the necessary work performed and charge the cost to the vendor.

SITE INVESTIGATION AND CONDITIONS:

A. Prior to work beginning, if there is any possibility of asbestos or lead paint, contractor shall ensure that no work is performed until appropriate tests have been conducted. The vendor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to:

(1) Conditions bearing upon transportation, disposal, handling, and storage of materials;

(2) The availability of labor, water, electric power, and roads;

(3) Uncertainties of weather or similar physical conditions at the site;

(4) The conformation and conditions of the ground; and

(5) The character of equipment and facilities needed preliminary to and during work performance.

B. Any failure of the vendor to take the actions described and acknowledged in this paragraph will not relieve the vendor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the SLCSD.

DELAYS:

A. If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the SLCSD in the administration of this contract that is not expressly or impliedly authorized by this contract, or

(2) by a failure of the SLCSD to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be amended in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

B. A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the SLCSD in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

EXCUSABLE DELAYS:

A. Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the government in either its sovereign or contractual capacity, (3) fires, (4) floods,

(5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Default includes failure to make progress in the work so as to endanger performance.

B. If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default, unless –

(1) The subcontracted supplies or services were obtainable from other sources;

(2) The SLCSD ordered the Contractor in writing to purchase these supplies or services from the other source; and

(3) The Contractor failed to comply reasonably with this order.

C. Upon request of the Contractor, the SLCSD shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the SLCSD under the Termination clause in Attachment A to the contract.

CHANGES

A. The SLCSD may at any time make changes in the work within the general scope of the contract. Changes may be made by written order or may be made verbally when timing is of the essence, and the order is designated or indicated to be a change order. Change orders may include changes in specifications, work methodology, equipment/materials, site changes, or acceleration in performance.

B. Any written or verbal direction designated by the SLCSD to be a change order shall be priced out using standard change order accounting principles in that pricing is based on time and materials for the obvious direct costs with indirect costs, including bond costs, generally included in profit and overhead. Pricing of change orders is subject to review by the SLCSD and negotiations if deemed necessary.

C. Changes in the Work – Markup:

(1) Markup for the General Contractor and subcontractors combined total shall not exceed the limits established within the main RFP document.

(2) Additional costs of supervision and field office personnel and processing of documentation of the change are considered part of general conditions and are not attributable to the change.

(3) In order to facilitate checking of quotations for extras or credits, all proposals except those so minor that their propriety can be seen by inspection shall be accompanied by a complete itemization of costs including labor, materials and subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also.

(4) Include a request for additional working days to complete the work. The working day at the project site shall be defined as any calendar day except Saturday, Sunday and legal holidays.

CLEANING UP:

The contractor shall always keep the work area and storage areas clean and free from accumulation of waste materials. Upon completing the work, the vendor shall remove from the premises all debris, tools, scaffolding, equipment, and materials that are not the property of the SLCSD; and shall leave the work area in a clean, neat and orderly condition satisfactory to the SLCSD. All waste debris and any hazardous waste shall be disposed of in accordance with applicable federal and state law. Facility is to be broom clean upon completion.

WARRANTY:

A. Vendor shall provide a full one-year warranty on all labor and materials. The warranty period shall start upon acceptance by the SLCSD on the work performed.

B. The following limitations and restrictions apply to the Vendor:

(1) Any and all warranties for labor, product and product components, above the full one-year warranty specified above shall be provided in detail.

(2) Any labor or product limitations, for warranties, above and beyond the one-year warranty noted above, shall clearly be identified in solicitation response. Limitations identified cannot violate the basic minimum requirements of this solicitation and cannot violate other terms and conditions contained herein.