SECTION 00910 ADDENDA EL DORADO IRRIGATION DISTRICT GILMORE, POLARIS, AND RIDGEWAY WATERLINE REPLACEMENT PROJECT ADDENDUM NO. 1 JANUARY 25, 2017 This Addendum No. 1 ( Addendum ) as dated above modifies certain Bidding Documents issued by the El Dorado Irrigation District ( District ) in connection with the District s Gilmore, Polaris, and Ridgeway Waterline Replacement Project. All capitalized terms not otherwise defined herein shall have the meanings provided in the Bidding Documents. There are no other amendments to the Bidding Documents other than expressly contained in this and any other Addenda issued by the District. The Bid Date, Opening Time, and Location are unchanged and remain as follows: Item 1: Bid Date: February 22, 2017 Bid Opening: 3:00 PM Local Time Bid Location: EID Main Offices 2890 Mosquito Road Placerville, CA 95667 SPECIFICATION REVISIONS: Section 00400 (Bid Form): Remove and replace in its entirety Section 00400 with the revised Section 00400 (Bid Form) attached as Attachment 1. Section 00700 (General Conditions). Section 12 (CLAIMS BY CONTRACTOR) is hereby modified as indicated on the attached red-lined version as Attachment 2. Item 2: ENCROACHMENT PERMIT County of El Dorado, Community Development Agency Transportation Division Right of Way Encroachment Permit #16-4990. Remove and replace pages 1-4 of the original permit signed 21-December 2016 with the attached revised ROW Encroachment Permit #16-4990 pages 1-4 signed 19-January 2017 attached as Attachment 3. 00910-1 Addenda
-77 tit/v /2.5/1-I Patrick Wilson, P.E., Associate Engineer Date Attachments: 1) Revised Section 00400 (Bid Form). (8 pages) 2) Red-lined Section 00700 (General Conditions), paragraph 12 (CLAIMS BY CONTRACTOR). (5 pages) 3) County of El Dorado Right of Way Encroachment Permit revised pages 1-4. (4 pages) END OF SECTION 00910-2 Addenda
REVISED SECTION 00400 BID FORM To be submitted as part of bid by the time and date specified in SECTION 00200 (Instructions to Bidders), paragraph 1. TO THE HONORABLE BOARD OF DIRECTORS OF THE EL DORADO IRRIGATION DISTRICT THIS BID IS SUBMITTED BY: (Firm/Company Name) Re: Contract No. E17-04 GILMORE, POLARIS, AND RIDGEWAY WATERLINE REPLACEMENT PROJECT PROJECT NOS. 15029.01 & 15030.01 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the El Dorado Irrigation District ( District ) in the form included in the Contract Documents, SECTION 00520 (Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Contract Documents, SECTION 00100 (Advertisement for Bids), and SECTION 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 calendar Days after the day of Bid opening. 3. In submitting this Bid, Bidder represents: (a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged). Addendum No. Addendum Date Signature of Bidder 00400-1 Bid Form
(b) (c) (d) Bidder has visited the Site and performed tasks, reviews, examinations, and analysis and given notices, regarding the Project and the Site, as set forth in SECTION 00520 (Agreement), Article 5. N/A Bidder has given District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by District is acceptable to Contractor. 4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following List of Bid Prices: SCHEDULE OF BID PRICES All Bid items, including lump sums, unit prices and alternates, must be filled in completely. All items are described in Section 01200 (Measurement and Payment). Quote in figures only, unless words are specifically requested. Item Description Quantity Units 1 Project Bonding and Insurance (All Three Projects) Gilmore Road Project Location 2 Mobilization, Demobilization, and Permits 3 Traffic Control System 4 Water Pollution Control Plan 5 Site Safety (Sheeting, Shoring, and Bracing) 6 Potholing Tie-in Locations 15 ea 7 4" DIP Installation 398 lf 8 6" DIP Installation 1915 lf 9 8" DIP Installation 3405 lf 10 Additional Pipe Restraint 5 ea 11 Hard Rock Excavation 60 cy 12 6-inch Gate Valves 9 ea 13 8-inch Gate Valves 9 ea 14 Install New 2" Blow-Off Assembly 6 ea 15 Install New Fire Hydrant 9 ea 16 Install New 1" or 2 Combination Air Valve 11 ea Unit Price Total 00400-2 Bid Form
Item Description Quantity Units Gilmore Road Project Location (cont. d) 17 8 Tie-in 1/D3 Gilmore Rd/Little John Way 18 8 Tie-in 2/D3 Gilmore Rd (Near 5495) 19 6 Tie-in 3/D3 Gilmore Rd/Shady Lane 20 6 Tie-in 4/D3 Robinhood Lane (East) 21 6 Tie-in 5/D3 Shady Lane 22 Existing Water Facility Demo and Removal 23 Waterline Abandonment (1-Sack Slurry) 50 cy Install New 1" Water Service and 24 Reconnect to Existing Meter, Short 2 ea Side Install New 1" Water Service and 25 Reconnect to Existing Meter, Long 7 ea Side Install New 1" Water Service, 26 Reconnect to Existing Meter and Install a New Radio Transponder, 25 ea Short Side Install New 1" Water Service, 27 Reconnect to Existing Meter and Install a New Radio Transponder, 24 ea Long Side Install New 1" Water Service, 3/4" 28 Meter, Radio Transponder and Connect to Existing In-tract, Short 21 ea Side Install New 1" Water Service, 3/4" 29 Meter, Radio Transponder and Connect to Existing In-tract, Long 23 ea Side 30 In-tract Pipe, 1-Inch, <50-ft 5 ea 31 In-tract Pipe, 1.5-Inch, 50-100ft 2 ea 32 In-tract Pipe, 2-Inch, 100-200ft 4 ea 33 Remove and Replace Existing PRV 10 ea 34 Trench Section Pavement Restoration 26,950 sf 35 2 Mat Grind and Overlay (General) 76,950 sf 36 Sand Slurry Seal 38,790 sf SUBTOTAL BID PRICE (2-36 for Gilmore Road) $ Unit Price Total 00400-3 Bid Form
Polaris Street Project Location Unit Item Description Quantity Units Price Total 2 Mobilization, Demobilization, and Permits 3 Traffic Control System 4 Water Pollution Control Plan 5 Site Safety (Sheeting, Shoring, and Bracing) 6 Potholing Tie-in Locations 10 ea 7 4" DIP Installation 745 lf 8 8" DIP Installation 2645 lf 9 Additional Pipe Restraint 5 ea 10 Hard Rock Excavation 60 cy 11 4-inch Gate Valves 3 ea 12 6-inch Gate Valves 1 ea 13 8-inch Gate Valves 9 ea 14 Install New 2" Blow-Off Assembly 3 ea 15 Install New Fire Hydrant 6 ea 16 Install New 1" or 2 Combination Air Valve 7 ea 17 8 Tie-in 6/D3 Polaris St/Pony Express Trail 18 8 Tie-in 1/D4 Polaris St/Pine St (West) 19 8 Tie-in 2/D4 Polaris St/Pine St (East) 20 8 Tie-in 3/D4 Drop Off Road 21 Existing Water Facility Demo and Removal 22 Waterline Abandonment (1-Sack Slurry) 22 cy 23 Install New 1" Water Service and Reconnect to Existing Meter, 4 ea Short Side 24 Install New 1" Water Service and Reconnect to Existing Meter, 3 ea Long Side 25 Install New 1" Water Service, Reconnect to Existing Meter and Install a new Radio Transponder, 3 ea Short Side 26 Install New 1" Water Service, Reconnect to Existing Meter and Install a new Radio Transponder, Long Side 7 ea 00400-4 Bid Form
Polaris Street Project Location (cont. d) Unit Item Description Quantity Units Price Total 27 Install New 1" Water Service, 3/4" Meter, Radio Transponder and Connect to Existing In-tract, Short 18 ea Side 28 Install New 1" Water Service, 3/4" Meter, Radio Transponder and Connect to Existing In-tract, Long 21 ea Side 29 In-tract Pipe, 1-Inch, <50-ft 7 ea 30 In-tract Pipe, 1.5-Inch, 50-100ft 2 ea 31 Remove and Replace Existing PRV 5 ea 32 Trench Section Pavement Restoration 9,700 sf 33 2 Mat Grind and Overlay (EDC Specified Intersections) 11,550 sf 34 2 Mat Grind and Overlay (General) 27,470 sf 35 Sand Slurry Seal 33,550 sf SUBTOTAL BID PRICE (2-35 for Polaris Street) $ Ridgeway Drive Project Location Unit Item Description Quantity Units Price Total 2 Mobilization, Demobilization, and Permits 3 Traffic Control System 4 Water Pollution Control Plan 5 Site Safety (Sheeting, Shoring, and Bracing) 6 Potholing Tie-in Locations 10 ea 7 6" DIP Installation 1,150 lf 8 Additional Pipe Restraint 2 ea 9 Hard Rock Excavation 60 cy 10 6" Gate Valves 6 ea 11 Install New Fire Hydrant 3 ea 12 Install New 1" Combination Air Valve 1 ea 13 6 Tie-in 4/D4 Ridgeway Dr/Leaf Circle 14 6 Tie-in 5/D4 Ridgeway Dr 15 6 Tie-in 6/D4 Ridgeway Dr/Easy St (West) 16 Existing Waterline Abandonment 00400-5 Bid Form
Ridgeway Drive Project Location (cont. d) Unit Item Description Quantity Units Price Total 17 Trench Section Pavement Restoration 4,400 sf 18 2 Mat Grind and Overlay (EDC Specified Intersections) 4,750 sf 19 2 Mat Grind and Overlay (General) 12,080 sf 20 Sand Slurry Seal 17,330 sf SUBTOTAL BID PRICE (2-20 for Ridgeway Drive) TOTAL BID PRICE (all three subtotals plus bid item 1) $ $ Total Bid Price: (Words) 6. The undersigned acknowledges that District reserves the right to accept Alternate(s) within 10 calendar Days after the District signs the Agreement, or other period stated. Following any such acceptance, the undersigned will accept and execute any change order confirming the acceptance. The amount of any change order shall be solely the amount identified above for the Alternate(s) accepted, without any additional overhead, profit, markup or other adjustment. Similarly, the exact amounts payable with respect any Unit Price Items will be confirmed by change order, and the amount of any change order shall be solely the amount identified above for the applicable Unit Prices times the final quantities, without any additional overhead, profit, markup or other adjustment. Finally, the exact amount payable with respect to any allowance item will be determined as otherwise provided in the Contract Documents. 7.. Selection of Apparent Low Bidder The undersigned acknowledges that the Apparent Low Bidder will be the Bidder submitting the lowest combination of ALL Bid Items, based on the assumptions (if any) set forth in the Schedule of Bid Prices. 8. The undersigned Bidder understands that District reserves the right to reject this Bid. The District additionally reserves the right to have the Contractor complete individual parts of the project such as Gilmore Road Project Location, Polaris Street Project Location, or Ridgeway Project Location. The individual projects will be constructed as approved by the District and its Board of Directors. 00400-6 Bid Form
9. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this SECTION 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by SECTION 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, SECTION 00520 (Agreement), SECTION 00610 (Construction Performance Bond), and SECTION 00620 (Construction Labor and Material Payment Bond). 10. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below. 11. The undersigned Bidder herewith encloses cash, a cashier s check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in SECTION 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the Total Bid Price set forth above and made payable to El Dorado Irrigation District. 12. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in SECTION 00700 (General Conditions) and to complete all work within the time specified in SECTION 00520 (Agreement). The undersigned Bidder acknowledges that District has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges District has reserved the right to perform independent work at the Site, the extent of such work may not be determined until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents. 13. The undersigned Bidder agrees that, in accordance with SECTION 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in SECTION 00520 (Agreement) shall be as set forth in SECTION 00520 (Agreement). 14. The names of all persons interested in the foregoing Bid as principals are: (IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co-partners composing the firm; if Bidder or other interested person is an individual, give first and last names in full). 00400-7 Bid Form
NAME OF BIDDER: licensed in accordance with an act for the registration of Contractors, and with license number: Expiration:. Where incorporated, if applicable Principals I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Bidder NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business Address: Officers authorized to sign contracts: Telephone Number(s): Fax Number(s): E-Mail address: Federal ID Number: Date of Bid: END OF SECTION 00400-8 Bid Form
12. CLAIMS BY CONTRACTOR A. General 1. Contract Interpretation Disputes: Should it appear to Contractor that Work to be performed or any of the matters relative to Contract Documents (including without limitation Drawings or Specifications) are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of Contract Documents (including without limitation Drawings or Specifications), Contractor shall give written notice to District promptly, but, in no event more than thirty (30) days after discovery of the matter, or other, shorter time, provided in Contract Documents. Contractor shall bear all costs incurred in giving notice. District will render a determination regarding the issue, which shall be final. If Contractor disagrees with District s decision, Contractor s sole and exclusive remedy is to file a claim in accordance with this Article 0. Contractor shall diligently prosecute the Disputed Work (as defined below) to Final Completion pending resolution of any claim. 2. Work Disputes: Contractor shall give written notice to District of any dispute arising under the Contract Documents respecting the true value of any Work performed, the implementation or performance of Work required by Contract Documents, any Work omitted, any extra Work that Contractor may be required to perform or time extensions, respecting the size of any payment to Contractor during the performance of Contract Documents, or of compliance with Contract Documents procedures. Contractor shall give the notice promptly, but, in no event more than thirty (30) days after discovery of the matter, or other, shorter time, provided in Contract Documents. District will render a determination regarding the issue, which shall be final. If Contractor disagrees with District s decision, Contractor s sole and exclusive remedy is to file a claim in accordance with this Article 0. Pending the resolution of any claim, Contractor shall diligently prosecute the Disputed Work to Final Completion. 3. The claim notice and documentation procedure described in this Article 0 applies to all claims and disputes arising under the Contract Documents, including without limitation any claim or dispute by any Subcontractor or material supplier. All Subcontractor and supplier claims of any type shall be brought only through Contractor as provided in this Article 0. Under no circumstances shall any Subcontractor or supplier make any direct claim against District. 4. Except as otherwise set forth in Public Contract Code section 9204, cclaim means a written demand or written assertion by Contractor seeking, as a matter of right, the payment of money, the adjustment or interpretation of Contract Documents terms, or other relief arising under or relating to Contract Documents. In order to qualify as a claim, the written demand must state that it is a claim submitted under this Article 0, or section 9204 of the Public Contract Code. 5. A voucher, invoice, proposed change, Application for Payment, cost proposal, RFI, change order request, or other routine or authorized form of
request for payment is not a claim under the Contract Documents. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements. 6. The provisions of this Article 0 constitute a non-judicial claim settlement procedure, and also a claim presentment procedure by agreement under Section 930.2 of the California Government Code, and shall survive termination, breach or completion of the Contract Documents. Contractor shall bear all costs incurred in the preparation and submission of a claim. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 shall be reduced to 150 days. Any claims shall be presented in accordance with the Government Code and shall affirmatively indicate Contractor s prior compliance with the claims procedure herein and previous dispositions under paragraph 12.B.3 below. B. Procedure 1. District and Contractor shall comply with the claims procedures in Public Contract Code 9204, which is incorporated herein by reference. Additionally, pursuant to 9204(f)(2), District and Contractor shall comply with the claims procedures and requirements set forth herein. 2. Should any clarification, determination, action or inaction by District or Engineer, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents in any way, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively Disputed Work ), then Contractor and District will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven Days after Contractor s first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with District stating clearly and in detail its objection and reasons for contending the Disputed Work or interpretation is outside or in breach of the requirements of Contract Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor proceeds with the Disputed Work without first having given the notice required by this paragraph 12.B.1, Contractor shall waive its rights to further claim on the specific issue. 32. District will review Contractor s timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Contract Documents, it shall so notify District, in writing, within seven Days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 Days of receiving the decision, Contractor shall submit
its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor s failure to furnish notification within seven Days and all justifying documentation within 30 Days will result in Contractor waiving its right to the subject claim. If Disputed Work persists longer than 30 Days, then Contractor shall, every 30 Days until the Disputed Work ceases, submit to District a document titled Claim Update that shall update and quantify all elements of the claim as completely as possible. Contractor s failure to submit a Claim Update or to quantify costs every 30 Days shall result in waiver of the claim for that 30-Day period. Claims or Claim Updates stating that damages, total damages (direct and indirect), schedule input and/or any time extension will be determined at a later date shall not comply with this paragraph 12.B.3 and shall result in Contractor waiving its claim(s). 43. Except as otherwise provided in public contract code 9204, within 45 days ofupon District s receipt of Contractor s formal claim including all arguments, justifications, cost or estimates, schedule analysis, and documentation supporting its position as required herein, District or its designee will review the issue and render a final written determination. District may in its discretion conduct an administrative hearing on Contractor s claim, in which case Contractor shall appear, participate, answer questions and inquiries, and present any further evidence or analysis requested by District to evaluate and decide Contractor s claim. District s written determination will specify which portion of the claim is disputed and what portion is undisputed. District shall pay the undisputed portion of Contractor s claim within 60 days after the district issues its final written determination. District s failure to respond to Contractor s claim within the time periods described herein shall result in the claim being deemed rejected in its entirety. 5. If Contractor disputes the District s final written determination, or if the District fails to respond to a claim issued pursuant to this section within the time prescribed, Contractor may, within 10 days of District s issuance of its final written determination, or if no final written determination is made within the time periods prescribed herein, within 60 days of District s receipt of Contractor s claim, demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, District shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, District shall provide Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after District issues its written statement. Any Formatted: Indent: First line: 0"
disputed portion of the claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation (or if otherwise permitted by the Contract Documents, arbitration), as a condition precedent to litigation, with District and Contractor sharing the associated costs equally. District and Contractor shall mutually agree to a mediator trained in construction industry mediation within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator trained in construction industry mediation and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation s conclusion. All unresolved Contractor claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 6.4. Claims shall be calculated in the same manner as Change Orders per Section 01250 (Modification Procedures). EXCEPT WHERE PROVIDED BY LAW, OR ELSEWHERE IN THESE CONTRACT DOCUMENTS (IF APPLICABLE), DISTRICT SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, AND CONTRACTOR SHALL NOT INCLUDE THEM IN ITS CLAIMS. CONTRACTOR SHALL BE LIMITED IN ITS RECOVERY ON CLAIMS TO THE CHANGE ORDER CALCULATIONS SET FORTH IN SECTION 01250 (MODIFICATION PROCEDURES). 7.5. If Contractor s claims submitted in accordance with this Article 0 at Project completion total less than $375,000, then claims resolution shall proceed in the manner prescribed by Article 1.5, Chapter 1, Part 3 of Division 2 of the California Public Contract Code. C. Claim Format 1. Contractor shall submit the claim justification in the following format: a. Cover letter and certification under penalty of perjury of the accuracy of the claim; b. Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, contract provisions supporting relief; c. List of documents relating to claim including Specifications, Drawings, clarifications/requests for information, schedules, notices of delay, and any others; d. Chronology of events and correspondence; e. Analysis of claim merit; f. Analysis of claim cost; and g. Attach supporting documents referenced in paragraph 12.C.1.c.
D. Mediation All Contractor claims not subject to the claim resolution procedures set forth in Section 01410 (Regulatory Requirements) shall, as a condition precedent to litigation (or if otherwise permitted by the Contract Documents, arbitration) thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties and, if the parties cannot agree, a mediator selected by the American Arbitration Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation s conclusion. All unresolved Contractor claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. E. D. Subcontractor Claims Contractor shall present as its claims all Subcontractor, sub-subcontractor and supplier claims of any type, and prove them under the terms of the Contract Documents. District shall not be directly liable to any Subcontractor, any supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages or extra costs of any type arising out of or resulting from the Project. F.E. Exclusive Remedy Contractor s performance of its duties and obligations specified in this Article 0 and administration of a claim as provided in this Article 0 is Contractor s sole and exclusive remedy for disputes of all types pertaining to the payment of money, extension of time, the adjustment or interpretation of Contract Documents terms or other contractual or tort relief arising from Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or Contract Documents, negligence or strict liability by District, its representatives, consultants or agents, or the transfer of Work or the Project to District for any reason whatsoever. Contractor waives and covenants not to use any claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the claim submission, administration, and mediation requirements. Compliance with the claim submission, administration, and mediation procedures described in Article 0 is a condition precedent to the right to commence litigation or commence any other legal action. Claim(s) or issue(s) not raised in a timely protest and timely claim submitted under this Article 0 may not be asserted in any subsequent Government Code claim, litigation or legal action. District shall not be deemed to waive any provision under this Article 0, if at District s sole discretion, a claim is administered in a manner not in accord with this Article 0. Contractor s timely and full compliance with its obligations in this Article 12 shall constitute a condition precedent to Contractor s compliance with the claims presentation requirements under the California Government Code, which shall remain upon substantial completion or termination of the Contract Documents. Formatted: Indent: Left: 0.75", No bullets or numbering