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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of November 2022, by and between the CITY OF ALAMEDA, a municipal corporation (“the City"), and G & G BUILDERS, INC. , a California S corpora tion, whose address is 4542 CONTRACTORS PLACE, LIVERM ORE, CALIFORNIA 94551 , (“Contractor”), in reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validl y existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.
B. The City is in need of the following services: Police Depart ment Reception Area and Ramp Renovations. City staff issued Pla ns and Specifications on September 8, 2022, after a submittal period of twenty-five days received three timely submitted bids , and the bids were opened on October 3, 2022. Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experience, ability, backgrou nd, certification and knowledge to provide the services described in this Agreement o n the terms and conditions described herein.
D. The City and Contractor desire to enter into an agreement for Police Department Reception Area and Ramp Renovations, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for other good and valuable consideration, the r eceipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall have seventy (70) consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work st r i c t l y i n a c c o r d a n c e w i t h t h e Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expre ssly made a part hereof with th e same force and effect as if the same were fully incorporated h erein. Contractor acknowledges t hat the work plan included in Exhibit A is tentative and does not commit the City to request C ontractor to perform all tasks included therein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Cont ractor's bid, which is attac hed hereto as Exhibit A and
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.
Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a writte n estimate of the total amount of work done the previous month.
However, the City reserves the right to adjust budget within an d between tasks. Pricing and accounting of charges are to be according to the bid packet pri cing, unless mutually agreed to in writing.
Payment shall be made for 95% of the value of the work complete d as determined by the City. The City shall retain 5% of the value of the work as par tial security for the completion of the work by Contractor. Retai ned amounts shall be paid to Cont ractor within sixty days of acceptance by the City of the project. Payment shall not be co nstrued as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for work is $417,481, with a ten (10%) percen t contingency in the amount of $41,748 for a total not to exceed of $459,229. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
Prompt Payment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractor s within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisio ns shall subject the violating prime contractor to the penalties, sanctions, and other remedies spec ified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late paym ent or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.
4. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Agreement.
It is agreed by the parties to this Agreement that if all the w ork called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of five-hundre d DOLLARS ($500) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pa y such liquidated damages as h erein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or s ureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, o f the actual costs and overhead expenses which are directly chargeable to the Agreement, and wh ich accrue during the period of such extensions.
Contractor shall not be assessed with liquidated damages during a n y d e l a y i n t h e completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embargoes, a nd unusually severe weather or delays of subcontractors due to such causes; provided that Cont ractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.
5. STANDARD OF CARE:
Contractor agrees to perform all services and work hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services and work shall be performed by qualified and exper ienced personnel who are not employed by the City nor have any contractual relationship with the City.
6. INDEPENDENT PARTIES:
Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil s ervice status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. P ayments of the above items, if required, are the responsibility of Contractor.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rul es and regulations. Contractor s hall indemnify, defend (with counsel acceptable to the City) and hold the City harmless from and aga inst any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law tha t harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractor s or suppliers shall harass or discriminate against any job
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 applicant, City employee, or any person on the basis of any kin d of any statutorily (federal, state or local) protected class, including but not limited to race, r eligious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gend er identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
1. To the fullest extent permitted by law, Contractor shall inde mnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) fro m and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s perfo rmance of its obligations under this Agreement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or wi llful misconduct on the part of Contractor, Contractor shall have no right of reimbursement aga inst Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indem nify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City.
The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
2. As to Claims for professional liability only, Contractor’s obl igation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
Contractor’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective date s and dates of expir ation of insurance c overage in compliance with paragraphs 10.b. (1) through (5) Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insuran ce covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affordi ng coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.” Contractor shall maintain in force at all times during the perf ormance of this Agreement all appropriate coverage of insu rance required by this Agreemen t with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorse ments naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insur ed shall be submitted with the insurance certificates.
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 A. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown abov e. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the f ollowing minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(5) Builders Risk:
Insurance utilizing an “All Risk” (Special Perils) coverage for m, with limits equal to the completed value of the project and no coinsurance penalty provi sions. The coverage and limits shall be (1) the minimum coverage and limits specified in this A greement; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Contractor; whichever
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City.
B. SUBROGATION WAIVER:
Contractor hereby agrees to waiv e rights of subrogation which a ny insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
C. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and sha ll be compensated by Contracto r for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insure d under all insurance coverages , except worker’s compensation insurance. The naming of an a dditional insured shall not affec t any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured name d herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extens ion thereof. Any other insurance held by an additional insured shall not be required to contribu te anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
E. SUFFICIENCY OF INSURANCE:
Contractor shall furnish the following bonds from a bonding com pany acceptable to the City’s Risk Manager. Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and thos e estimates over $25,000 will nee d to be sure to budget for the bond premiums.
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
11. BONDS:
Contractor shall furnish the following bonds from a bonding comp any acceptable to the City’s Risk Manager:
A. Faithful Performance: A bond in the amount of 100% of the t otal contract price - plus construction contingency - guaranteeing the faithful performance of this contract, and
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 B. Labor and Materials: A bond fo r labor and materials in the amount of 100% of the total contract price - plus construction contingency.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, subl ease, hypothecate, or transfer this Agreement, or any interest therein, directly or i ndirectly, by operation of law o r otherwise, without prior written consent of the City Manager. A ny attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall ac quire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, t rust company or other financial institution without prior writte n consent. Written notice of s uch assignment shall be promptly furnished to the City by Contractor.
The sale, assignment, transfer or other disposition of any of t he issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be co nstrued as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from the City is obtained, only th ose people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in wr iting, describing the scope of work to be subcontracted and the name of the proposed subcon tractor. Such request shall set forth the total price or hourly rates used in preparing estimat ed costs for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and oth er document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 No report, information nor other data given to or prepared or as sembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.
Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.
16. RECORDS:
Contractor shall maintain complete and accurate records with re spect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.
Contractor shall maintain adequa te records of services and work provided in sufficient detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and sha ll be clearly identified and readily accessible. Contractor shall provide free access to su ch books and records to the representatives of the City or its designees at all proper time s, and gives the City the right to examine and audit same, and to make transcripts therefrom as ne cessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records disclose s a failure to adhere to approp riate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivere d personally or on the second business day after the deposit thereof in the United States Mai l, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Alameda
Public Works Department, Engineering
950 West Mall Square, Room110
Alameda, CA 94501
ATTENTION: Jack Dybas, City of Alameda, Public Works Dept., Engineering Ph: (510) 871-0343
Email: [email protected]
All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 G & G Builders, Inc.
4542 Contractors Place
Livermore, CA 94551
ATTENTION; Gerard Callahan, President
Ph: (925) 570-7606 / Email: [email protected]
18. SAFETY:
Contractor will be solely and completely responsible for condit ions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relie ve it from compliance with the obligations and penalties set forth herein.
Contractor will immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. LAWS TO BE OBSERVED:
Contractor shall comply with all applicable laws, state, federa l, and all ordinances, rules and regulations enacted or issued by the City. In addition, Co ntractor shall keep itself fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the cond uct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
20. HEALTH AND SAFETY REQUIREMENTS.
3. Contractor acknowledges that th e City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to pr otect the health and safety of the City’s employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section. [See Certification of Compliance attached.]
21. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
Effective January 1, 2015, no Contractor or Subcontractor may be listed on a bid proposal for a public works project (submitted after March 1, 2015) unless registered with the Department
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 of Industrial Relations pursuant to Labor Code Section 1725.5 ( with the limited exceptions from this requirement for bid purpos ed only under Labor Code Section 1771.1(a)). Register at https://efiling.dir.ca.gov/PWCR
No Contractor or Subcontractor may be awarded a contract for pu blic work on a public works project (awarded on or after April 1, 2015) unless regist ered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
This project is subject to compliance monitoring and enforcemen t by the Department of Industrial Relations.
The Prime Contractor is required to post job site notices prescribed by regulations. See 8 Calif. Code Regulation §16451(d).
Effective April 1, 2015, All Cont ractors and Subcontractors mus t furnish electronic certified payroll records directly to the Labor Commissioner at :
https://apps.dir.ca.gov/ecpr/das/altlogin
22. HOURS OF LABOR:
As provided in Article 3 (comme ncing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day a nd forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of e ight (8) hours per day and forty (40) hours during any one week shall be permitted upon this pub lic work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
Contractor shall pay the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of thi s Agreement by Contractor, or b y any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified.
Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
23. APPRENTICES:
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied an d are covered by the local apprenticeship standards.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered a pprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accep t Contractor' required contribu tion. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-o fficio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
24. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religi on, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating th is section is subject to all the penalties imposed for a violation of the provisions of the Labo r Code, and, in particular, Section 1735.
25. REGISTRATION OF CONTRACTORS:
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professional Code of the State of California.
26. URBAN RUNOFF MANAGEMENT:
Contractor shall avoid creating excess dust when breaking aspha lt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary.
Contractor shall take all steps necessary to keep wash water ou t of the streets, gutters and storm drains.
Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protecti on devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de-watering activities and saw-cutting ac tivities; shovel or vacuum saw-cut slurry and remove from the site).
b. Cover exposed piles of soil or construction material with pla stic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 of the project, the street shall be washed and the wash water s hall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a cl ean work area by removing trash , litter, and debris at the end of each workday. Contractor shall also clean up any le aks, drips, and other spills as they occur.
The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be imple mented prior to the start of construction, up-graded as require d, maintained during construc tion phases to provide adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction wit h the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specificati ons and any other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders o r fines. The fine for noncompl iance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. Th e State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.
27. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
28. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:
The Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with the most-current version of its Municipal Regional Stormwater NPDES Permit, issued by the San Francisco Bay Regional Water Quality Control Board.
Contractor shall use the most current IPM technologies availabl e to ensure the long- term prevention or suppression of pest problems and to minimize negativeimpacts on the environment, non-target organisms, and human health for t he control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties. Contractor will consider the City IPM Policy’s hierarchy of opt ions or alternatives listed below, in the following order before recommending the us e of or applying any pesticide on City property: (1)
1. No controls (e.g. tolerating th e pest infestation, use of resis tant plant varieties or allowing normal life cycle of weeds);
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2. Physical or mechanical controls (e.g. hand labor, mowing, exclusion);
3. Cultural controls (e.g. mulching, disking, alternative vegetati on) and good housekeeping (e.g. cleaning desk area);
4. Biological controls (e.g., natural enemies or predators); (5)
5. Reduced-risk chemical controls (e.g., soaps or oils);
6. Other chemical controls.
Prior to applying chemical controls the contractor shall complete a checklist (attached) for the City’s pre-approval that explains why a chemical contro l is necessary. For annual contracts that may requi re regular application of chemic al controls the contractor shall submit one check list annually prior to the ini tiation of the project demonstrating that the hierarchy has been reviewed and no other options exist.
Additionally, the contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City ’s IPM Policy.
Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
1. Acute Toxicity Category I chemicals as identified by the Enviro nmental Protection Agency (EPA)
2. Organophosphorous pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion)
3. Pyrethroids (bifenthrin, cyfluthrin, beta-cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda-cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl), and fipronil and its degradates
4. Diamides (chlorantraniliprole and cyantraniliprole), diuron, indoxacarb
5. Copper-based pesticides unless th eir use is judicious, other ap proaches and techniques have been considered, and the threat of impact to wat er quality is prevented.
Contractor shall sign the Contractor Verification Form (attached) indicating the intent to implement the City’s IPM Policy, and return a signed copy to th e City ’s p r o je c t manager.
Contractor shall provide to the City’s project manager an annual Report of all pesticide usage in support of City operations including pesticide name, a ctive ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide.
Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.
A copy of the City's IPM Policy may be obtained from the City’s project manager and is also on file with the City Clerk.
If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Form and Contractor Check List. ADD EXHIBIT B IF PEST CONTROL.
29. PURCHASES OF MINED MATERIALS REQUIREMENT:
Contractor shall ensure that all purchases of mined materials s uch as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 must originate from a surface mining operation identified on th e AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).
Within five days of award of c ontract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demons trates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is mai ntained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be v iewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.
30. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required here under, Contractor shall be deeme d in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
31. ATTORNEYS’ FEES:
In the event of the bringing of any action or suit by a party h ereto against the other party by reason of any breach of any covenants, conditions, obligatio n or provision arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all of its costs and expenses of the action or suit, including reasonable attorneys’ fees, experts’ fees, all court costs and other costs of action incurred by the prevailin g party in connection with the prosecution or defense of such action and enforcing or establis hing its rights hereunder (whether or not such action is prosecuted to a judgment). For the purpo ses of this Agreement, reasonable fees of attorneys of the Alameda City Attorney’s office shall be based on the fees regularly charged by private attorneys with the equivalent number of years of exp erience in the subject matter area of the law for which the services were rendered who practice in Alameda County in law firms with approximately the same number of attorneys as employed by the Alameda City Attorney’s Office.
32. PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01-01-2017 AND 01-01-2027:
Notwithstanding anything else to the contrary stated in the Inf ormation For Bidders (IFB) or the Contract Documents, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 shall be governed by PCC Section 9204 and this section.
The following provisions and procedures shall apply:
A. For the purposes of this secti on, the term “Claim”, “Contract or”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have t he meaning provided for in PCC Section 9204.
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 B. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with PCC Section 9204. C ontractor must include reasonable documentation to support each claim.
C. Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written state ment what portions of the claim are disputed and undisputed. Undisput ed portions of the Claim shal l be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
D. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to PCC Section 9204(d)(1)(C).
E. If the City fails to timely respond to a Claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via r egistered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
F. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statemen t. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shal l be submitted to non-binding mediation. If the City and Cont ractor mutually agree on a medi ator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all c osts associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
G. Unless otherwise agreed by the City and Contractor, any media tion conducted hereunder shall excuse any further oblig ation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
H. The City reserves all rights and remedies that it has pursuant to the Construction Contract, plans and specification, at law or in equity which are not in conflict with PCC 9204.
This Section shall be automatically extended if legislation is lawfully passed which extends the terms of Public Contract Code Section 9204 beyond January 1, 2027.
33. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct t he application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agre ement shall be filed with the courts of the County of Alameda, State of California.
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34. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.
35. WAIVER:
A waiver by the City of any breach of any term, covenant, or co ndition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
36. INTEGRATED CONTRACT:
This Agreement represents the f ull and complete understanding o f every kind or nature whatsoever between the parties hereto, and all preliminary nego tiations and agreements of whatsoever kind or nature are merged herein. No verbal agreeme nt or implied covenant shall be held to vary the provisions hereof. Any modification of this A greement will be effective only by written execution signed by both the City and Contractor.
37. INSERTED PROVISIONS:
Each provision and clause require d by law to be inserted into t he Agreement shall be deemed to be enacted herein, and the Agreement shall be read an d enforced as though each were included herein. If through mista ke or otherwise, any such pro vision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
38. CAPTIONS:
The captions in this Agreement are for convenience only, are no t a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
39. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
40. SIGNATORY:
By signing this Agreement, each signatory warrants and represen ts that he/she executed this Agreement in his/her authorized capacity and that by his/h er signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
41. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherw ise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written.
G & G BUILDERS, INC.: CITY OF ALAMEDA,
A California S corporation a municipal corporation
Gerard Callahan Nancy Bronstein
President Interim City Manager
RECOMMENDED FOR APPROVAL
Lorraine Callahan Erin Smith
Secretary/Treasurer Public Works Director
Contractor License No._______________ APPROVED AS TO FORM:
City Attorney
DIR No.___________________________
Len Aslanian
Assistant City Attorney
1000013987
750759
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Police Department Reception Area and Ramp Renovations No. P.W. 1 1-19-53 Certification of Compliance
With the City of Alameda’s Vaccination Requirement
The City of Alameda (“City”) requires all individuals who perform work for the City to be fully vaccinated1 against COVID-19. All service providers and contractors for the City must sign the following statement certifying compliance with this requirement.
By signing below, I certify that all of our personnel who are performing work for the City are fully vaccinated against COVID-19. I also acknowledge that the City reserves the right to review any relevant records to demonstrate our compliance with this requirement.
I declare under penalty of perjury that the foregoing is true and correct.
G & G Builders, Inc. Date:______________________
__________________________________
By: Gerard Callahan
Its President
__________________________________
1 For the purposes of this Certification of Compliance, an individual is considered to be fully vaccinated if two weeks have passed since their second dose in a 2-dose series (such as the Pfizer or Moderna vaccines) or if two weeks have passed since receiving their single-dose vaccine (such as Johnson & Johnson’s Janssen vaccine). 10/04/2022
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