HSR26-81_Attachment_B_Statement_of_Work.pdf

California High-Speed Rail Authority

RFP No. HSR 26-81

Attachment B: Statement Of Work – MATOC

Multiple Award Task Order Contract

(MATOC) On-Ramp

Statement of Work

RFP No. HSR26-81

STATEMENT OF WORK

Multiple Award Task Order Contract (MATOC)

1.1 SUMMARY

1.2 The California High-Speed Rail Authority (Authority) is seeking to supplement its established Multiple Award Task Order Contracts (MATOC) indefinite delivery-indefinite quantity (IDIQ) contracts, awarded against RFP HSR25-40. The two (2) pools to be supplemented are as follows:

1. One pool of small business contractors to support work in the following two (2) locations: 1.) Merced, Madera, and Fresno counties and 2) Tulare, Kings, and Kern counties

2. One pool of authorized utility relocation contractors

Pursuant to Public Utilities Code § 185036, the Authority will enter into the MATOC contracts as specified in the Request for Proposals, general terms and conditions and procurement documents. Each contracting entity will execute a separate contract with the Authority, which will include a STD 213 and general terms and conditions not to exceed $20 million. The Authority reserves the right to award more than or fewer than the target number, or pools, as a result of this solicitation. Each pool will be evaluated separately, but under uniform evaluation criteria.

Work shall be defined in individual Task Orders and may consist of multiple disciplines in general construction categories. The MATOC is for a five (5) year ordering period. Each ordering period shall consist of twelve (12) consecutive months.

1.3 General project descriptions and specifications shall be derived from the Statement of Work

(SOW) of each individual Task Order (TO) that is issued. The Contractor shall provide all personnel and equipment to perform the supervisory and administrative services and all subcontracted and self-performed labor, materials, tools, and equipment to provide full and complete execution of all work in accordance with each TO.

1.4 The MATOC will be utilized to execute a broad range of repair and minor construction projects on real property at sites noted in the “Locations” section. The work may consist of multiple disciplines of construction, and shall include but not be limited to the following categories of work: construction, construction with design elements, construction with land surveying, geotechnical investigations, alteration, improvement, repairs, utilities, utility investigations utilizing new technology, communication utilities, site-work, landscaping, fencing, specialty trade services, masonry, roofing, heating and cooling and air conditioning, concrete, asphalt paving, painting, graffiti removal, storm drainage, remediation, remediation with environmental elements, demolition of facilities, construction of new facilities, building reface, interior/exterior building modification, jack and bore casings, irrigation facilities, utility relocation, reinforced concrete structures, electrical distribution relocations, new electrical point of service, services connections, grading and earthwork, material hauling, embankment construction and repairs, grading, clearing and grubbing, potholing, tree removal, weed removal, erosion and sediment control, other construction-related work and other facility-related services required by the Authority. Additionally, the work may include design, production and installation of temporary and permanent sign, banners, and other branding products (exterior and interior).

1.5 Projects may entail alteration, renovation, repair, new construction, and/or activation/occupancy related work for the following types of spaces:

• Building interiors and exteriors, including mechanical, electrical, and plumbing alteration and modifications

• Seismic retrofits

• Local roads

• State highway system

• State high speed rail system & adjacent to freight railroad systems

• Roadway facilities

• Solar Generation Facilities

1.6 United Nations Standard Products and Service Code (UNSPSC) applicable to categories of work authorized for each MATOC task order includes, but is not limited to:

• 72141000 Heavy Construction Services- Highway & Road Construction Services

• 30121700 Road and Railroad Construction Materials

• 72141600 Mass Transit System Construction Services

• 72141603 Railroad and Railway Roadbed Construction Services

• 72000000 Building and Facility Construction and Maintenance Services

• 72150000 Specialized Trade Construction and Maintenance Services

• 72151200 Heating and Cooling and Air Conditioning HVAC Construction and Maintenance Services

• 72152700 Concrete Construction Service

• 72154000 Specialty Building and Trades Service

• 83000000 Public Utilities and Public Sector Related Services

1.7 TO’s may include any of the following types:

1.7.1 Construction

1.7.1.1 Consists of a Statement of Work where Contractor shall furnish all labor, supervision, materials, tools, equipment and commissioning needed to perform the construction, demolition, and technical services as described in the Task Order. The TO work includes the Contractor’s payment of all taxes, insurance, bonds, license and permit fees, travel costs, and other costs incidental to the performance of the work.

1.7.2 Full Design-Build (FD-B)

1.7.2.1 Consists of a Statement of Objectives (SOO) with minimal supporting documentation; the Contractor shall be required to provide a Statement of Work and complete 10% design (as defined under design levels within the TO) along with their bid and, if awarded, shall complete the design in accordance with the TO and basic contract prior to commencing construction.

1.7.2.2 If required, awarded TOs shall complete the design to the 100% level. This will include participating in design reviews that shall be conducted at the construction location for each design milestone (35%, 65%, etc.) as described in the task order.

1.7.3 Design-Bid-Build (DBB)

1.7.3.1 Consists of a Statement of Work with a full, complete, and accurate plans and specifications and estimates of cost, Architectural and Engineering (A&E) design package provided as part of the Task Order. The Contractor shall be required to provide only a bid and, if awarded, shall commence construction in accordance with the TO and basic contract. An A&E firm will render certain technical services during construction. Such services shall be considered as advisory to the Authority and shall not be construed as expressing or implying a contractual act of the Authority without affirmations by the Authority’s Contract Manager (Contract Manager) or the duly authorized representative.

1.8 On and Off Ramping Contractors: The Authority intends to periodically review the total number of contractors participating in the Ordering Process and determine whether it would be in its best interest to initiate on-ramping to add new contractors to the Basic Contract, or off-ramping to remove awardees due to industry consolidation, significant changes in the marketplace, lack of participation, or general economic conditions. This is a discretionary unilateral authority of the Authority.

1.8.1 On-ramping: The Authority has determined that it is in the best interest that at all times during the term of the Basic Contract, there remains an adequate number of contractors eligible to compete for Orders. Accordingly, and to provide the Authority with additional flexibility to meet project needs, the Authority may, at its sole discretion, identify and establish a reserve pool of qualified contractors (hereinafter “reserve contractors”) from those candidates that were evaluated but not selected for initial award/inclusion in one of the above-named business pools. The reserve pool may be established concurrently with the award of the IDIQ, or at any time deemed appropriate by the Authority to expand a business pool. Reserve contractors will receive written notice of their designation.

Participation in the reserve pool is not a guarantee of future award or work orders and shall not create any rights, entitlements, or claims by the reserve contractors. The Authority reserves the right to review reserved candidate contractors for potential on ramp, and, if a determination is made that it is in the Authority’s best interest, to increase the candidate reserve pool.

Any reserve contractors selected to join the a business pool as part of the on ramping process, and any ensuing awards, will be subject to the same terms, conditions, performance requirements, and applicable pricing structures as those governing the primary contractors/awardees and the original IDIQ contracts awarded under the original solicitation, to include any modifications in effect at time of award.

Although the Authority reserves the right to establish a reserve pool of contractors, the Authority is under no obligation to utilize the reserve pool and may, at its sole discretion, choose to meets its needs outside of the onramp process, to include conducting new competitive procurements.

1.9.2 Off-ramping: Contract holders are expected, in good faith, to participate in the task order competitions, and if successful, to deliver quality projects on time and on cost, to include management and supervision of subcontractors. If for any reason, a contractor cannot participate in a competition, the contractor shall provide written notice to the Contract Manager of the reason(s) for non-participation prior to proposal due date. On an annual basis, the Authority will evaluate all contractors' participation rates, reason(s) for non-participation, and performance evaluations for task orders completed or in effect. Failure to participate in good faith on at least 75% of the issued Task Order Proposal Requests (TOPR) and/or an overall acceptable performance assessment rating of may result in the contractor being off-ramped from the multiple award program. An off-ramp decision results in the inability to participate in future TOPRs. The Authority will strictly enforce all the proposal submission requirements outlined in the solicitation. Failure to comply with these requirements will result in an Proposer’s proposal being rejected as being incomplete or non-conforming to solicitation requirements.

2.0 LOCATIONS

2.1 The project sites are located along and within the High-Speed Rail 171-mile Merced to Bakersfield segment, including in the Merced to Fresno and Fresno to Bakersfield and the Merced to Fresno sections:

In Merced, Madera, and Fresno Counties, and In Tulare, Kings, and Kern Counties.

See Figure 1, below.

Figure 1. California High-Speed Rail Authority Construction Package Map

3.0 MINIMUM/MAXIMUM CONTRACT AMOUNTS

3.1 The only work authorized under the MATOC is as described in the individual TOs. The

Authority seeks to establish a contract ceiling of $20M per task order. The Authority will solicit for multiple awardees under one solicitation.

The projected period of performance for the MATOC is for a five (5) year ordering period. Each ordering period shall consist of twelve (12) consecutive months.

4.0 CONTRACT ADMINISTRATION

4.1 The office having administrative jurisdiction over the MATOC and subsequently issued TOs shall be:

Emily Morrison, Protest Official

770 L Street, Suite 1106 Sacramento, CA 95814

4.2 Both the Authority and the Contractor will assign Contract Managers as the single point of contact for problem resolution and contract issues, which will be documented in the General Provisions.

4.3 The MATOC terms and conditions may be modified only through an amendment/change order executed by signatories with authority to bind the parties. Only an authorized Contract Manager, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms of TOs. If an individual other than the Contract Manager attempts to make changes to the terms and conditions of the MATOC without an amendment/change order or subsequently issued TOs, contractors are hereby directed not to proceed with the change and immediately notify the Contract Manager. In the event the contractor affects such changes at the direction of any person other than the Contract Manager, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4.4 Executing a MATOC is not a guarantee of work, and the actual amount of work requested by Authority under the agreement resulting from this multi award procurement may be less than the maximum amount of the contract. Authority is not obligated to issue any particular type of work under this contract and reserves the right to accomplish work using existing workforces, and/or use of other contracts as it deems necessary or desirable, without a breach or violation to this contract.

4.5 No deviations, or waivers to the MATOC or subsequently issued TOs shall be in effect without a MATOC written amendment/change order or TO modification executed by an Authority Contract Manager, authorizing such changes, deviations, or waivers.

4.6 Each MATOC will be assigned an individual contract number. Enumeration of TO, hereafter referred to as an “order”, “task order” or “orders”, will consist of a sequential numbering system comprised of the MATOC contract number and the corresponding task order number.

4.7 For accounting and appropriation data purposes, each task order shall be individually funded. All correspondence and data submitted by Contractors under the MATOC must reference the contract number, task order number, project title, and project number (if applicable).

5.0 NOTICE OF CONSTRUCTIVE CHANGES

5.1 No order, statement or direction of the Contract Manager, authorized representative of the

Contract Manager, whether or not acting within the limits of his or her authority, or any other representatives of the Authority shall constitute a change order under the “Changes” clause of the MATOC contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless a change is issued in writing through an amendment/change order and signed by the Authority’s CEO or authorized delegee.

6.0 ORDERING PROCEDURES FOR COMPETITIVE TASK ORDERS

6.1 Task Order Proposal Request (TOPR) projects may be non-complex performance-oriented tasks requiring minimal design, may be complex construction requiring design development for design- build construction, or a combination thereof. In rare cases, the TOPR may not have traditional plans and specifications as described herein but may include sketches, and requests for catalog cuts, vendor shop drawings and other submittals.

6.2 Projects may require full design-build efforts to include professional A&E services. The request will include information such as a statement of work, guide specifications, drawings, attachments, and information pertaining to a site visit; evaluation criteria, design requirements for design-build projects and any other requirements for submission (e.g. proposal requirements, price schedule, etc.). Performance and Payment bonds shall be required for TOs, in accordance with performance and payment bonds and alternative payment protections for construction contracts. The basis of award will be a conforming offer, the price or cost of which may or may not be the lowest. The basis for award of each TO will be stated in the procurement RFQ/RFP/bid invitation.

6.3 Procedures for design-build projects: An RFQ/RFP may be issued with the amount of funds available for design and construction along with, but not limited to, a Statement of Work, Design Criteria and/or project Book, or concept design. The MATOC contractors may be requested to submit a concept design/proposal in Phase-one. After the first proposal submission the most highly qualified firms will be asked to submit Phase-two proposals. TOs will be issued with a firm fixed price for design and construction. It is the MATOC contractor’s responsibility to design the project so that it can be constructed within the fixed price contract value. Failure to do so is at the contractor’s risk. Contractors may be required to compete the design among subcontractors and submit a detailed proposal for construction (e.g., breakdowns for labor, equipment, and materials).

6.4 Cost proposals for TOPRs will include a price schedule and may require a construction cost estimate breakdown. In addition, the TOPR may include, but is not limited to, the following as applicable, based on the level of design required:

o Any available as-built drawings, specifications, or design information.

o Design calculations requirements in addition to those listed in the design level paragraphs.

o Construction drawing requirements including professional certifications.

o Timeframes for preparing the proposal, completing design work, and completing construction and closeout.

o Submittal requirements.

6.5 Contractors shall be required to furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirement specified in each TOPR.

6.6 The contractor WILL NOT be reimbursed for proposal preparation, attendance during negotiations, site visits, walk-through or other pre-TO costs.

6.7 Occasionally the Authority will solicit offers for projects for which funds are not certified nor readily available. Submission of proposals for these acquisitions is at the sole discretion of the respective MATOC awardees and their declination to participate in any or all such solicitations will not reflect negatively upon them.

7.0 TASK ORDER COMPETITION

7.1 Fair Opportunity to compete for TOs shall be provided to all MATOC awardees, unless an exception applies for sole source, single source, or direct award.

7.2 Upon receipt of a TOPR, contractors are urged to attend site visits scheduled by the

Contract Manager, as identified on TOPRs, and submit timely proposals.

7.3 Failure to attend site visits may not be used as an excuse for omission or miscalculation in proposals and may be taken into consideration in determining a contractor’s eligibility to participate in future Task Orders.

7.4 Contractors are highly encouraged to inspect project job sites with Authority representatives prior to proposal submissions for individual projects. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and/or applicable drawings should be brought to the attention of the Contract Manager in writing. The contractor shall also notify the Contract Manager upon observing any features in the design that appear to be ambiguous, confusing, conflicting, or erroneous.

7.5 The Authority shall reserve the right to issue orders non-competitively for projects involving exigent or extraordinary circumstances that threaten safety, or which may be necessary to mitigate damage(s) to facilities or other real property.

8.0 PROPOSAL PREPARATION

8.1 A TOPR issued under this contract shall, except in rare cases, be issued to all contractors and will, at a minimum, include a SOO/SOW defining the project requirements. Costs for preparation of proposals and pre-award activities shall be the sole responsibility of the contractor.

8.2 Deviations and Alternate Proposals. Proposers shall specifically identify all deviations from the minimum RFQ/RFP requirements in a cover letter in a section entitled "Alternate Proposal” or “Deviations." This requirement applies for all proposal revisions and Final Proposal Revisions.

Proposed alternates/deviations shall specifically address in detail the alternate and rationale for proposing. Alternate solutions and deviations shall include separate pricing information. If an alternate/deviation is proposed, the work as specified in the solicitation must also be priced, and all proposed alternates shall be specifically addressed and expanded upon in the proposal submissions to include separate pricing information. The Authority reserves the right to reject any deviations/alternative proposals.

9.0 PROPOSAL EVALUATION CRITERIA

9.1 Proposals received in the TOPR format will be evaluated based on compliance with the TOPR requirements and the proposed price. The TOPR shall indicate the minimum requirements that must be met for a proposal to be considered technically acceptable. Evaluations will be conducted on price only basis. The type of evaluation criteria shall normally relate to the complexity of the requirement but will be at the sole discretion of the Contract Manager.

9.2 For the purpose of initial evaluations of offers proposed for individual TOs, the following will be utilized in resolving arithmetic discrepancies found on the face of pricing schedule as submitted by the Proposer: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; (4) Apparent errors in addition of lump-sum and extended prices will be corrected.

9.3 For purposes of price evaluation, the Authority will proceed on the assumption that the Proposer intends the proposed price to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above.

10.0 TASK ORDER AWARD DECISION

10.1 To the maximum extent practicable, award of TOs shall be made without discussions.

Contract Managers reserve the right to limit the number of proposals received in response to an order RFQ/RFP/bid to the greatest number that will permit an efficient competition among the most highly rated proposals.

10.2 TO award will be made based on the Lowest Price Technically Acceptable or Price Only in accordance with the criteria described in the RFQ/RFP/bid. When price is the only factor considered, award will be based on the lowest reasonable price received by responsive and responsible Proposers. Proposals unrealistically high or low in price, when compared to the Authority estimate, and market conditions evidenced by other competitive proposals received, may be indicative of an inherent lack of understanding of the solicitation requirements and may result in proposal rejection without discussion.

11.0 TASK ORDER ISSUANCE PROCEDURES

11.1 Work under the MATOC contract will be ordered by written to the contractor by the

Contract Manager.

11.2 The Authority will not be obligated to reimburse the contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by executed TOs.

11.3 TOs will clearly define the specific services to be performed or the performance desired. Each TO is subject to the terms and conditions of the MATOC contract. In the event of a conflict between the TO and the MATOC contract, the MATOC contract shall take precedence. The specifications may be adjusted as needed in the individual TO solicitation. Such alterations shall apply only to the individual TO in which they are contained and shall not be interpreted as replacing or removing requirements from the basic contract specifications for any prior, current, or future TO.

11.4 TOs shall be issued using the Standard Form (SF) 1442, or other authorized forms utilized by Authority where appropriate. TOs will be issued electronically via e-mail, telephone, or any other authorized electronic means.

11.5 All orders issued from the MATOC basic contract shall be Firm-Fixed-Price (FFP) and individually funded.

12.0 PROTESTS

12.1 NO protest shall be authorized in connection with the issuance or proposed issuance of an order under a task-order Contract, except for a protest in accordance with applicable California law, including PCC § 19102 or as otherwise established or specified by the Authority in the TOs.

13.0 COMMENCEMENT OF WORK

13.1 No work under the MATOC contract shall commence until such a time as the Contract

Manager issues a written TO and a Notice to Proceed (NTP). The Contract Manager reserves the right to determine the issue date of any TO NTP.

14.0 OPTION FOR INCREASED QUANTITY ON TASK ORDERS

14.1 The Authority may elect to make certain tasks option items. In this case, the Authority may increase the quantity of work awarded on individual orders by unilaterally exercising option item(s) within the period specified in the TO. In the event the option is not exercised within the time period specified in the TO, the parties may agree via a bi-lateral agreement to the option(s) provided that the exercising of said option(s) will not increase the contract performance period. Any option herein shall be considered to have been exercised at the time the Authority deposits written notification to the contractor in the mail, provides by facsimile, or electronic mail.

15.0 TASK ORDER PERFORMANCE PERIOD

15.1 Specific periods of performance will be identified in each individual TO and accompanying TOPR. The Authority reserves the right to negotiate a performance period or impose a performance period for each TO.

15.2 For design phase of task orders (as applicable): The Contract Manager shall issue an NTP in order to commence the first design phase. The performance period for the design segment of work starts after the receipt of the NTP for Design. After approval of each design level, the Contract Manager will issue a NTP for the Contractor to proceed to the next design level. The Authority review time for each design level is included in the total design period of performance. When a design submission is disapproved, the Contractor shall provide necessary corrections and resubmit. The resubmission time does not automatically extend the design period of performance.

15.3 For construction phase of task orders (as applicable): Prior to issuing the NTP, the contractor shall submit bonds, safety plan, fire safety plan, infection control plan, security plan, insurance certificates, draft schedule, and any other documents specified in the TOPR. The performance period for the construction portion of a TO starts after receipt of the NTP for Construction. This period of performance for construction includes, but is not limited to, completion of project, all punch-list items, final clean-up, review, and acceptance of all deliverables (As-built drawings, O&M manuals, warranties, etc.). The Authority review time for as-built drawings, manuals and warranties is included in the performance period and specific timeframes will be listed in the TO. If there is no design required, only one NTP will be issued for construction.

16.0 AMBIGUITY / CONTRACT INTERPRETATION

16.1 This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties’ complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

16.2 It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of the Contract Manager at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the specifications and the applicable drawings or other documents incorporated by reference herein. Failure to comply with all obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies, and conflicts.

17.0 LAYING OUT WORK

17.1 Field Dimensions: Any drawings and specifications that may accompany each TO indicate generally the design and arrangement of all apparatus, fixtures, accessories, etc., necessary to complete the work required. The exact location or arrangement of equipment is subject to minor changes necessitated by field conditions and shall be made as required without additional cost to the Authority. Measurements shall be verified by actual observations at the construction site, and the contractor shall be responsible for all work fitting into place in a satisfactory and competent manner meeting the approval of the Contract Manager.

18.0 REPORT OF ERROR AND DISCREPANCIES

18.1 Contractors shall promptly notify the Contract Manager in writing of any discrepancies.

Any proposed changes to the specifications by the contractor must be submitted in writing to the Contract Manager for approval prior to implementation.

19.0 CORRELATION OF DRAWINGS, PLANS, SPECIFICATIONS, AND CONTRACTS

19.1 Specifications, Contracts, and the accompanying Plans or Drawings are intended to be cooperative and what is called for by one shall be as binding as if called for by all. Should any error or inconsistency appear in the Plans or Drawings or Specifications, the contractor, before proceeding with the work, shall make mention of same to the Contract Manager for proper adjustment, and in no case shall proceed with the work in uncertainty.

20.0 LATENT DEFECTS

20.1 The contractor shall hold Authority harmless for any latent defects that cannot be anticipated, or identified through existing as-built drawings, or survey data recorded in county land records. Any delays resulting from discovery of latent defects will require a Contract Manager’s determination as to whether or not they may be compensable, by first establishing the basis for excusable or inexcusable delay.

21.0 LIQUIDATED DAMAGES

21.1 The appropriate liquidated damages rate(s) shall be included in firm fixed-price construction

TOs at the discretion of the Contract Manager and will be specified in the TOPR in accordance with CA PCC § 10226.

21.2 Basis for Liquidated Damages: As the result of late completion of the project, Authority will suffer financial damages that cannot be quantified as of the date of execution hereof.

Therefore, the Contractor and Authority have agreed to a stipulated amount to be paid by the Contractor in the event the Contractor fails to achieve Substantial Completion, as defined by the TO, by the Substantial Completion Deadline. The Parties intend for the Liquidated Damages set forth herein to constitute liquidated damages under California law. The Contractor acknowledges and agrees that the Liquidated Damages are intended to compensate Authority solely for the Contractor’s failure to meet the Substantial Completion Deadline and shall not excuse the Contractor from liability from any other breach of the Contract requirements, including any failure of the Work to conform to applicable requirements. The fact that Authority has agreed to accept Liquidated Damages as compensation for its damages associated with a delay in meeting the Substantial Completion Deadline shall not preclude the Authority from exercising its other rights and remedies available at law or in equity other than the right to collect compensation for other damages associated with such delay.

21.3 Reasonableness of Liquidated Damages: The Contractor acknowledges and agrees that the foregoing damages have been set based on an evaluation by Authority of damages which, it will incur in the event of late completion, including additional administrative costs. The Contractor and Authority agree that the amount of such damages is impossible to ascertain as of the date of execution hereof and the parties have agreed to such Liquidated Damages in order to fix the Contractor’s costs and to avoid later disputes over which items are properly chargeable to the Contractor. It is understood and agreed by the Contractor that any Liquidated Damages payable, are in the nature of liquidated damages and not a penalty and that such sums are a reasonable approximation of actual damages that the Authority will sustain and are not manifestly unreasonable under the circumstances existing as of the date of execution and delivery of the Contract.

21.4 If multiple completion dates are specified, a liquidated damage rate will be specified in the TOPR for each date. If multiple deliverables are specified, a liquidated damage rate per day per deliverable will be specified in the TOPR.

21.5 The final invoice shall include either the statement “The contract was completed within the contract time and no liquidated damages are assessed,” or be annotated to show the contract completion date, the actual date of completion, the number of days for which liquidated damages are assessed, the rate per calendar day of liquidated damages and the total amount of liquidated damages assessed by modification for late performance.

21.6 Assessment of liquidated damage shall be through issuance of a unilateral modification.

22.0 BENEFICIAL OCCUPANCY

22.1 The Contract Manager shall have the right to take possession of or use any completed or partially completed part of the work. Beneficial occupancy does not relieve the Contractor for complying with the terms of the contract.

23.0 PRE-DESIGN AND/OR PRE-CONSTRUCTION CONFERENCE

23.1 Prior to starting work under a TO, Contractors shall meet with the Contract Manager and designated technical representative and or engineers to discuss and establish expectations regarding overall project oversight, to include schedules and expected Contractor performance.

24.0 PROJECT COLLABORATION

The Contractor shall consult with Authority and designated representatives regarding site use and improvements, and the selection of materials, building systems, and equipment.

The Contractor shall provide recommendations on actions designed to minimize adverse effects of labor or material shortages, time requirements for procurement, installation, and renovation/construction completion; and factors related to construction cost estimates of alternatives designed or materials.

25.0 STANDARDS OF MANUFACTURE

25.1 For purpose of establishing the standard of construction and the requirements to be met in the work of all divisions, the drawings and these specifications are based on the use of products hereinafter specified, adapted to the installation as required to meet the condition.

25.2 Where brand names are shown, these names are intended to describe a quality of product, and in no way are intended to limit products of equal quality. Therefore, products of other manufacturers may be employed for this work provided they are equivalent materials and construction and equally adaptable to the conditions as approved by the Contract Manager.

26.0 CONSTRUCTION MANAGEMENT SOFTWARE

26.1 The Contractor shall utilize a Construction Management software that allows for the following:

• Ability to track status of all project submittals and RFIs via computer-based platform

• Ability to transfer large files to/from Authority representatives

• Ability to produce logs to show current status of all project submittals and RFIs

• Ability to send e-mail notification to the responsible party having the next action for review, approval, revision, etc.

• Compatible, to the maximum extent possible, with the CSHRA systems, such as; Trimble, eBuilder, Primavera, Maximo and the federated BIM model.

26.2 If a listing of required submittal items was included with the project documents: Within 10 calendar days after receipt of the NTP with construction, the Contractor shall identify a not later than “required submission date” for required submittals. Contractor shall ensure the specified dates provide adequate time to process the requirement and allows sufficient order/receipt time prior to the projected installation date.

26.3 Variance from contract requirements: Whenever materials or drawings are required to be submitted by the Contractor for approval, and the material or drawings submitted are at variance with the specifications or Authority drawings, but are approved by the Contract Manager inadvertently and without consciousness of the variance, then the approval shall not be final unless the Contractor expressly noted on the submittal that "This material or drawing varies from specifications in the following aspects."

26.4 Prior to final payment: The Contractor shall provide all test results and other close-out submittals as specified in the contract documents.

27.0 METHOD OF CARRYING ON THE WORK

27.1 All work under the Contract shall be arranged and carried on in such a manner as to complete work in the least possible time, without compromising performance or work quality. The Contractor shall consult with the Contract Manager as to methods or sequence of carrying on the work. A definite project schedule shall be arranged before starting work.

27.2 To ensure such executions, Contractor shall furnish the Contract Manager with a schedule of approximate phasing dates on which the Contractor intends to accomplish work in each specific area of site, building or portion thereof. In addition, Contractor shall notify the Contract Manager two (2) weeks in advance of the proposed date of starting work in each specific area of site, building or portion thereof. Arrange such phasing dates to ensure accomplishment of this work in successive phases mutually agreeable to Contract Manager and Contractor.

27.3 Activities in the vicinity of the project may be kept in full or partial operation during construction. The Contractor shall coordinate scheduling of construction activities with the Contract Manager and/or the authorized representative.

28.0 AUTHORITY SUPERVISION

28.1 The Authority shall not exercise any supervision or control over Contractor employees performing services under the MATOC.

29.0 CORRESPONDENCE

29.1 All correspondence shall be addressed to the Contract Manager. Correspondence shall maintain separate and distinct submittals to identify each project by name and TO number.

30.0 GENERAL WAGE DECISIONS

30.1 Applicable Labor Wage rates will be identified for each performance period of the contract, and those wage rates will flow down to all TOs issued during that period of time.

30.2 Contractors are hereby given notice and bear the sole responsibility of utilizing the most current Wage Determinations when submitting proposals for evaluation. Up-to-date Wage Determinations may be found online at Director of Industrial Relations (https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm).

31 COMMUNITY BENEFITS AGREEMENT

For all applicable construction contract work, the contractor shall comply with the Authority’s Community Benefits Policy (Amended Resolution #HSRA 12-30) and the Community Benefits Agreement (CBA) entered into with the State Building and Construction Trades Council of California and the Signatory Craft Councils and Local Unions. The Contractor shall comply with the terms and conditions of the executed CBA and shall require each subcontractor (at all tiers) to comply with the executed CBA, addendum, and related agreements. The CBA, addendum and related agreements are incorporated into the Contract by reference and are found on the Authority’s Website at: https://hsr.ca.gov/business-opportunities/general-info/community-benefits-agreement/.

32 WEATHER PROTECTION AND TEMPORARY HEATING/COOLING/VENTILATION

32.0 Contractors shall provide and maintain weather protection and temporary heating, cooling, or ventilation as may be required to properly protect all parts of the structure from damage during construction. Contractors shall be responsible for repairs and maintenance to the heating, cooling, and ventilation system or units during the construction period and shall deliver the same to the Authority, at termination of such use, in perfect condition, cleaning out all air ducts and replacing all filters. Any temporary heating and cooling shall be provided at the expense of the Contractor.

32.1 Weather Hazards: The Contractor shall inform himself/herself as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any U.S. Weather Bureau Office.

32.2 High Winds: When warnings of winds of gale force or stronger are issued, the Contractor shall take every practicable precaution to minimize damage to persons, work, and adjacent http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm) https://hsr.ca.gov/business-opportunities/general-info/community-benefits-agreement/ https://hsr.ca.gov/business-opportunities/general-info/community-benefits-agreement/ https://hsr.ca.gov/business-opportunities/general-info/community-benefits-agreement/ property. These precautions may include removing all stored materials, tools, and/or equipment from exposed locations and removing or securing any temporary structures.

32.3 Time Extension Due to Weather: Only unusual or unusually severe weather will be considered by the Contract Manager in determining if the time for completing the work is excusable as a result of weather and the performance period should be extended. Weather delays will be based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations.

32.4 The Contractor’s progress schedule must reflect consideration of these anticipated adverse weather delays for all weather dependent activities. The Contractor will record on the daily report the occurrence of adverse weather and resultant impact to normally scheduled work.

Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled workday.

32.0 DIVISION OF WORK

32.1 The various divisions of project Specifications shall not be considered as negotiations of the material and labor involved. The arrangement and order of these divisions are made for convenience only, and it is not the intent, nor shall it be so construed, a particular trade or sub- Contractor must perform that work included in any one division.

32.2 Any item mentioned under any division heading must be supplied even though it is not specified under the heading for the respective work but is shown on the Drawings. No claims for extras arising out of real or alleged error in such arrangement or order of the various divisions will be given consideration.

32.3 The organization of the specifications into divisions, sections, and articles, and the arrangement of the drawings shall not control the Contractor in dividing the work among sub-Contractors or in establishing the extent of the work to be performed by any trade.

33.0 WORK BY THE AUTHORITY

33.1 The Authority reserves the right to undertake performance by Authority forces, for the same type or similar work as contracted herein, as the Authority deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

34.0 PRE-FINAL AND FINAL INSPECTION

34.1 Pre-Final Inspection Notification: The Contractor and the Authority will jointly conduct a pre-final inspection prior to any final inspection. Request for the pre-final inspection shall be made in writing to the Contract Manager at least 5 days prior to the desired date. Based on the inspection, the Authority shall generate a punch list of contract items needing to be corrected or completed by the Contractor. This punch list may not necessarily be the final punch list. Items noted on the punch list will be completed prior to scheduling a final inspection. Additional items may be identified during the Final Inspection.

34.2 Along with the request for a pre-final inspection the Contractor shall provide the Authority a document evidencing that the Contractor conducted their own inspection ensuring 100% completion of the project. Discrepancies noted on the pre-final inspection will be furnished by the Authority inspector to the Contract Manager.

34.3 As-built drawings, real property data, warranties, manuals, etc., may be turned-in at time of final inspection.

34.4 All punch-list items of remaining work shall be completed prior to the Contractor requesting Final inspection. Furthermore, the Contractor shall ensure that adequate performance time remains for completion of ALL deficiencies noted during the Pre-Final Inspection and the scheduling and completion of the Final Inspection.

34.5 Final Inspection Notification: The Contractor shall notify the Contract Manager in writing at least five (5) working days in advance of the desired final inspection date. Final clean-up shall be made prior to a final inspection, and consist of cleaning the site and adjacent areas, as required by the Contract Manager. Soil disturbed by construction activity shall be left in a uniform, smooth, and compacted condition. Discrepancies noted will be corrected within the time specified by the Contract Manager.

34.6 In the event the pre-final or final inspection will be conducted by a Authority contracted service, (A&E firm or other contracted individual) the Contractor may be held liable for travel and labor costs when the project is not sufficiently complete, and the inspection must be rescheduled, or an additional inspection is required.

34.7 Declination to Inspect: The Contract Manager reserves the right to both decline the Contractor’s request of a pre-final and/or a final inspection when it is evident that the project is not ready for inspection.

34.8 Acceptance: Final acceptance will not occur until all work, to include all submittal items and clean-up, has been accomplished and no discrepancies remain. Final inspection and acceptance should be scheduled prior to or not later than the contract completion date.

35.0 TASK ORDER (TO) COMPLETION AND CLOSE-OUT

35.1 All close-out documents shall be provided to the Contract Manager, in accordance with task order requirements, upon completion of the work and prior to approval of final payment, unless specified to be provided earlier.

36.0 FINAL AS-BUILTS

36.1 Prior to final payment, the Contractor shall submit all “As-Built Deliverables”. Authority shall review and approve drawings and may require that they be resubmitted if there are errors or omissions. The original "as-designed" contract drawings and specifications are modified to show all additions, deletions, and other changes made during construction.

These tasks are performed whenever changes, additions, or deletions from the original "as-designed" contract drawings and specifications are made during construction. The Contractor shall maintain a set of paper drawings (Construction Set) and specifications to track changes, additions, or deletions from the original design during construction. The Contractor shall mark working as-built set to show changes, additions, or deletions.

36.2 For design-build TOs, the Contractor will transfer the changes from the working as-built marked prints to the original electronic CAD files. Final as-built drawings shall be prepared after the completion of each definable feature of work. The Contractor shall submit the final as-built conditions to the Authority in the specified format. The Authority Project Engineer or Inspector and the Contractor will jointly review the working as-built marked prints, printouts from working as- built CAD file drawings, and final as-built drawings for accuracy and completeness.

37.0 AS-BUILT DELIVERABLES

37.1 When opened, the drawing shall be seen exactly as it should be plotted. Include all files, both graphic and non-graphic, required for the project. Make sure all files are in the same directory, and that references to those files do not include device or directory specifications.

37.2 Ensure all reference (external reference) files fulfill relative path directory. External files are attached and without device or directory specifications.

37.3 Remove all extraneous graphics/text outside the project border area and set the active parameters to a standard setting (or the setting contained in the seed or prototype file).

37.4 Include any standards sheets (abbreviations, symbols libraries, font libraries, color tables, pen tables, plot configuration files, user command files, etc.) necessary for a complete project.

37.5 Compress and/or reduce all files using the appropriate utilities. A digital media copy of the decompression utility should be provided with the delivered data. All files shall be purged, and all external references shall be included.

38.0 OPERATION & MAINTENANCE (O&M) MANUALS

38.1 Prior to final inspection, the Contractor shall provide the Authority with an O&M manual that consolidates all operating and maintenance documentation for each separate piece of equipment and system provided within the contract.

38.2 Manuals shall be complete, detailed guides for the maintenance and operation of equipment.

They shall include complete information necessary for starting, adjusting, maintaining in continuous operation for long periods of time and dismantling and reassembling of the complete units and sub-assembly components. Manuals shall include an index covering all component parts clearly cross-referenced to diagrams and illustrations. Illustrations shall include "exploded" views showing and identifying each separate item. Emphasis shall be placed on the use of special tools and instruments. The function of each piece of equipment, component, accessory, and control shall be clearly and thoroughly explained. All necessary precautions for the operation of the equipment and the reason for each precaution shall be clearly set forth. Manuals must reference the exact model, style, and size of the piece of equipment and system being furnished. Manuals referencing equipment similar to but of a different model, style, and size than that furnished will not be accepted.

38.3 The O&M manuals shall include a brief description of all building systems including exterior and interior items that require maintenance including but not limited to coatings and finishes, doors, windows and hardware, flooring, roofing, drainage, irrigation and landscaping systems, HVAC systems, plumbing systems, fire protection systems, lighting systems, power systems, communications systems,…