Agenda — Marysville City Council, November 22, 2024

Item #01
Date: November 22, 2024
To: Mayor and City Council
From: Dan Flores, Community and Economic Development Director Jim Schaad, City Manager
Subject: License Agreement for Bryant Field
Recommendation:

Pass a motion to 1) approve a License Agreement for Bryant Field between the City of Marysville and Yolo High Wheelers, LLC, and 2) authorize the Finance Director to make the appropriate supplemental appropriations regarding the agreed upon capital improvements in the License Agreement.

Background:

The Pioneer Baseball League, established in 1939, is a professional league in the western United States and one of four MLB-partnered independent leagues. Originally a Class C minor league, the Pioneer League has grown over 85 years, with nineteen franchises competing. In 2021, the league became independent from MLB affiliations, expanding its footprint to California in 2024. Currently, twelve teams from California, Montana, Colorado, Idaho, and Utah compete. The 2024 champion team, the Yolo High Wheelers (Licensee), has expressed interest in obtaining a year-round license from the City of Marysville (City) for Bryant Field, a city-owned facility located at 1431 C Street, for baseball and other community events.

Discussion and Analysis:

The proposed License Agreement between the City and Licensee, grants the team shared, non-exclusive rights to Bryant Field beginning December 1, 2024. Under this agreement, the team will be known as the Yuba-Sutter High Wheelers, proudly representing the City while actively engaging with and supporting the entire Yuba-Sutter community. This partnership enables the team to host year-round events at Bryant Field, including baseball games and other approved activities.

Key terms in the agreement allow the City to continue hosting its own community events at Bryant Field without disruption. The Licensee, meanwhile, will assume responsibilities for field maintenance, facility repairs, and event security. Security plans for special events will be subject to approval by the Chief of Police, ensuring safe operations. Baseball games are anticipated in spring and summer, while any additional events will require 30 days’ advance notice and City approval.

The Licensee is committed to being an active part of the Yuba-Sutter community, working with local Item #01
businesses on concessions, providing free community activities, and organizing youth baseball workshops.

The City will ensure parking availability near the stadium and invoice the Licensee for utilities. The Licensee will also submit ticket prices and fees for City approval and implement traffic and parking control measures for all events.

The addition of the Yuba-Sutter High Wheelers to Bryant Field brings several positive economic impacts to the Yuba-Sutter community. The team’s events will attract visitors, increasing local spending at restaurants, hotels, and retail stores. Year-round activities at the field will also generate new job opportunities in event management, concessions, and security, benefiting the local workforce.

Additionally, partnerships with local businesses for concessions and community-focused programs, like youth baseball workshops, will foster connections, circulate revenue within the community, and encourage greater youth engagement. By making Bryant Field a lively, multifaceted venue, this partnership is poised to boost tourism and strengthen Marysville’s role as a community and regional destination.

Alignment with City Council Goals:

Goal #2: Expand Economic Development Opportunities Goal Goal #5: Support Parks & Recreation
Legal Review:

This contract has been reviewed and approved by legal counsel.

Fiscal Analysis:

The License Agreement has a term of three (3) years, during which the Licensee will contribute approximately $67,200 annually in in-kind services. The City will reimburse the Licensee up to $250,000 from the General Fund for agreed-upon capital improvements. To cover this reimbursement, a supplemental appropriation of up to $250,000 is being requested from the relevant accounts within the Facilities and Parks Department budget.

Attachment:
1) Yolo High Wheelers, LLC Agreement

LICENSE AGREEMENT
This License Agreement (“Agreement”) is made effective when signed by both parties (“Effective Date”) and is by and between the City of Marysville, a Municipal Corporation (“City”) and Yolo High Wheelers, LLC (“Licensee”).

RECITALS
The City owns a facility commonly known as Bryant Field (“Bryant Field”) which is located on real property (“Property”) at 1431 C Street in the City of Marysville, Yuba County, California and designated as Assessor’s Parcel Number 009-144-001.

Licensee is a professional baseball team that desires to obtain a non-exclusive license from the City, on a shared-use basis for Bryant Field pursuant to this Agreement.

IN WITNESS WHEREOF, the parties agree as follows:

SECTION 1

INCORPORATION OF RECITALS
The foregoing recitals are not merely recitals but are contractual in nature and are incorporated into this Agreement.

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SECTION 2

DEFINITIONS
In addition to the terms defined elsewhere in this Agreement, the following terms shall be defined as follows:

1. Rent – means the Rent as specified in Section 4 of this Agreement as well as other monetary obligations of the Licensee pursuant to this Agreement.

2. City – means City of Marysville CA.

3. City Parties – means City and its Councilmembers, officers, partners, employees, attorneys, contractors, and agents.

4. Licensee – means Yolo High Wheelers, LLC.

5. Licensee Parties – means Licensee and its officers, directors, employees, contractors, patrons, and invitees.

6. Premises – means an approximately four (4) acres City-owned baseball stadium facility commonly known as Bryant Field (“Bryant Field”) which is located real property at 1431 C Street in the City of Marysville, CA as depicted in Exhibit A.

7. Property- Means real property at 1431 C Street in the City of Marysville, Yuba County, California and designated as Assessor’s Parcel Number 009-144-001

8. Baseball Games - means all baseball games played at Bryant Field involving Licensee Teams, including without limitation, all pre-season baseball games, exhibition games, regular season games, post-season “playoff” games, and “all-star” games.

9. Community Events - means any and all events promoted, sponsored and/or staged by City or on behalf of City.

10. Other Reserved Events - means an organized activity on a designated date(s), whether open to the public or reserved for private gatherings, other than baseball home games, or community events, which is booked, promoted, sponsored or staged by Licensee, including without limitation, concerts or other live and film performances or presentations festivals, fairs, tournaments, rallies and exhibitions as approved in advance by the City.

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SECTION 3

TERMS OF SHARED USE LEASE
The City gives a license to Licensee on the terms and conditions set forth in this Agreement to conduct other reserved events subject to the provisions stated herein.

This Agreement shall not in any way, whatsoever, establish any permanent interest or right in the Property.

Licensee and all of its officers, directors, employees and contractors, shall comply with all applicable laws, statutes, ordinances, zoning restrictions, governmental rules or regulations, covenants and restrictions of record, or requirements of duly constituted public authorities now in force or which may hereafter be in force with respect to the Premises and Licensee’s use thereof (“Law(s)”). Licensee shall not knowingly use the Premises or permit anything to be done on or about the Premises that will in any way conflict with any Laws.

Licensee shall:
a. Obtain all required permits and approvals for use of the Premises (collectively, “Government Approvals”)
b. Maintain all required Governmental Approvals throughout the Term, and c. Comply with the requirements of such Governmental approvals throughout the Term The City anticipates that a Licensee will reserve baseball games in the Spring and Summer of each year. Additionally, the Licensee shall have the right to use and occupy the Property for Other Reserved Events in compliance with the provisions of this section.

Licensee’s Restricted Uses. Except with the prior written consent of Licensor, Licensee shall restrict its use of the Premises to the following:

1. Providing and constructing Improvements to the Premises as set forth in Exhibit B in compliance with all applicable state and local policies.

2. Use of the Premises to support its 48 regular season home games, a limited number of preseason tryouts, practices and/or games, and potential playoff games (“Home Games”) for the 2025 baseball season and each year thereafter as exemplified in Exhibit C, attached and incorporated herein, and in compliance with the Special Event Permit issued for this use and such other terms and conditions as Licensee may elect, including selling tickets to such Home Games. Licensee will provide notice of any playoff games to Licensor.

3. Use of the Premises to support Other Reserved Events other than baseball home games, or community events, which is booked, promoted, sponsored or staged by Licensee, including without limitation, concerts or other live and film performances or presentations festivals, fairs, tournaments, rallies and exhibitions. With the exception of baseball games and community events, Licensee shall have the right to book, promote, sponsor and/or stage Other

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Reserved Events on condition that Licensee provide City a minimum of 30 days advance notice of Licensee’s proposed Other Reserved Event and obtains the City’s written consent to same (permit), which consent will not be unreasonably delayed or withheld.

4. Partnering with local businesses, where commercially reasonable to do so, to provide concessions (such as local food trucks) on game nights and community-centered activities that are open to the public, such as movie nights.

5. Providing In-Kind Benefits as set forth in Exhibit D.

6. Providing pre- and post-game field maintenance and repairs as needed during the baseball season and the off season.

7. Providing maintenance and repairs to the facilities as needed during the baseball season and the off season.

Licensee’s use of the Premises for permitted uses shall begin no earlier than 7:30 AM and shall conclude by certain evening hours on weekdays and weekends as consistent with the applicable Special Event Permit(s).

Community Events. The City intends to promote, sponsor and/or stage community events. The City sponsored Community Events will be permitted free of any fees charged by the Licensee.

The City has the right to schedule City sponsored community events (anticipated to be no more than 10 per year), provided that City will coordinate with Licensee prior to scheduling such events and such events will not be scheduled on a day on which Licensee has scheduled a game to be played. Any scheduling of such events shall not be unreasonably withheld or delayed by Licensee.

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SECTION 4

CONSIDERATION
Monthly Fee. During the term of this agreement the Licensee shall pay the City a monthly fee of five thousand six hundred dollars ($5,600). This fee shall be offset in its entirety by the performance of the maintenance obligations stated herein.

Ticket Sales: The Licensee shall levy a charge of fifty cents ($0.50) per ticket purchased, which shall be remitted to the City and deposited into a capital improvement fund designated for improvements to benefit only the Bryant Field facility. The City shall possess the authority to determine the allocation and utilization of these funds and may request disbursements from said fund. The City and licensee shall collaborate closely on improvements to be made using this fund and shall meet annually at minimum to discuss improvements to be funded. Any unspent funding balance shall be carried over to the following fiscal year. Upon expiration of this agreement or earlier termination, any residual funds within the mentioned funding account shall be retained by the City. Disbursements from this fund to the Licensee shall be made as deemed necessary, subject to the City’s discretion and contingent upon the submission of requisite documentation substantiating the need for Bryant Field improvements. Improvements made utilizing this fund will be the property of the City upon completion.

General Public Parking. City will make reasonable effort to make available on-street and off-street parking sufficient to support anticipated attendance, at City’s discretion, for Home Games and Other Reserved Events within a ten (10) minute walk of the Property. Licensee is solely responsible for providing adequate parking attendants at all off-street private property locations where event parking is sanctioned. Licensee shall not close, block or restrict access to any City streets absent a separate written agreement with City concerning the closure or any other restricted access or use of City streets, except that Licensee may cause C Street to be closed between 14th Street and 16th Street for its Home Games and Other Reserved Events provided it is in compliance with the other terms and provisions of this Agreement.

Utilities. The cost of utility services, separately metered water, gas, electric, as well as trash and recycled product removal and any other services or utilities shall be the responsibility of Licensee to the extent the same are incurred with respect to Licensee’s use of the Property. The City will invoice Licensee monthly for all utilities provided either directly by City or billed to the City by other utilities. Licensee shall pay an invoice for the same within fifteen (15) days of receipt of such invoice. The City will provide City sewer utilities to the licensee free of charge.

Naming Rights. Licensee shall be allowed to negotiate naming rights, provided that any such name must include “Bryant Field”.

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SECTION 5

OPERATIONS, MAINTENANCE/REPAIRS AND CAPITAL IMPROVEMENTS Ushering Services and Traffic Control. Licensee has the exclusive right and obligation to manage and operate security, ushering services and vehicle parking attendants sufficient to control vehicular and pedestrian traffic within Property and the closure on C street and during Home Games and Other Reserved Events.

Set-up and Clean-up. Licensee shall have the exclusive right and obligation to manage and operate the Property during Home Games and Other Reserved Events and shall, at its sole expense, clean the Property and all improvements therein and keep it in orderly condition. City shall have the obligation to manage and operate the Property during any and all Community Events as described in Section 3 and shall, at its sole expense, clean the Property and all improvements therein and keep it in orderly condition.

Security. During the Term, City shall have no responsibility for providing any security, cameras, or lighting (other than permanently installed lighting already at the Premises) at or about the Premises. Licensee assumes all responsibility for the protection of Licensee and all Licensee Parties from acts of third parties, and shall indemnify, defend (with counsel acceptable to City), and hold harmless City and City Parties from third-party claims related to failure to provide any or adequate security; provided that such indemnification will only apply to City and the City Parties in their capacities as the owner of the Premises and not in any other capacity. Any provision of security services provided by City, acting as the landowner, shall not constitute acceptance of liability for acts on the Premises. City authorizes Licensee to secure the Premises when the Property is otherwise closed to the public. Licensee shall provide a means by which the City can access the secured property at any time, such as by providing a key to City. Licensee shall not add or change locks on the Premises, or otherwise impede City’s access to the Premises, without obtaining the advance written approval of City and providing City with a method of ongoing access to the Premises. Furthermore, for Other Reserved Events, a security plan will be provided by the Licensee and must be approved by the City Police Chief.

Maintenance and Repair. Licensee waives the provisions of California Civil Code Section 1941 with respect to City’s obligations for Licensee’s tenantability of the Premises, in favor of the provisions of this Agreement governing maintenance and repair.

During the term of this Agreement in addition to its obligations under Setup and Cleanup, Licensee is responsible at its sole expense to fully and completely perform regular maintenance as well.

These obligations include clean-up of seating and concession areas and maintenance of seats, public lavatories and restroom facilities, regular and routine maintenance and repair of the HVAC, plumbing, electrical, water, sewage and onsite drainage systems.

As described above, Licensee is further responsible to maintain the facilities which are the subject of this Agreement in a fully operational condition such that the structures and facilities at the Property and all City-owned capital facilities therein shall be in at least as good or better condition

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at the end of this Agreement than the condition of such facilities on the effective date of this Agreement.

Graffiti Removal. Licensee is responsible for graffiti removal within the Premises, which shall be commenced promptly whenever such graffiti is identified and in no event more than five (5) days of tagging.

Capital Replacements and Improvements. City is responsible for capital replacement and major repairs to the existing structures, structural members, foundations, footings, roofs, balconies, floors, columns, steps, ramps, doors, windows (excluding broken glass), walls, fixed stadium seats and seating areas, fixed concession areas, water and plumbing systems, electrical systems and electrical light fixtures (including light standards and field lighting/ballasts), pipes and mains, sidewalks, fencing, parking surfaces. (“The maintenance responsibility”). Licensee shall be responsible for all other maintenance and repairs aside from “the City maintenance responsibility”.

Initial Capital Improvements. The City agrees that it will pay $250,000 to Licensee for Licensee to use towards capital improvements limited to within the Property as described in Exhibit B, specifically, the following items necessary for Licensee to host Pioneer League Baseball games.

The Payments to Licensee to satisfy the total $250,000 obligation shall be made in installments when Licensee demonstrates it has committed to obtain improvements shown on Exhibit B, to the extent of the Licensees obligation. The installments paid by the City shall not exceed a total of $250,000. The Payments to Licensee to satisfy the total $250,000 obligation shall first be applied towards the scoreboard, padding, batters eye and outfield netting. If City fails to pay such amounts within thirty (30) days of receipt of evidence of improvement costs, Licensee shall have the right but not the obligation to terminate this Agreement with no further obligations. Improvements made utilizing this funding will be the property of the City upon completion and payment for the improvements by the City.

In addition, at City’s sole expense, prior to May 1, 2025, City will install new lights sufficient to illuminate the infield to 70 foot-candles, and the outfield to 50 foot-candles, and will ensure that all such lights are working in accordance with their specifications. These improvements made will be the property of the City upon completion.

Licensee Additional Initial Improvements and Future Discretionary Improvements.

Initial improvements as described in Exhibit B, necessary for Licensee to host Pioneer League Baseball games that are completed by the licensee and exceed the initial $250,000 City obligation shall be documented and provided to the City. Evidence of actual costs shall be supplied for each additional improvement.

Licensee has the right, at its own expense, to make alterations and improvements to the Property as are reasonably necessary or appropriate for Licensee’s conduct of its business, subject to prior written approval by City and, once approved, such alterations or improvements are performed in a good and workmanlike manner by qualified personnel. Any necessary operations, maintenance and/or repairs relating to such alterations or improvements are the sole responsibility of Licensee, unless City first agrees in writing to accept responsibility.

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For the purposes of ownership, the costs the additional initial improvements and discretionary improvements shall be prorated over a 5-year period commencing from the date of their completion, and the proportion of ownership shall be transferred from the licensee to the City using a straight-line depreciation method. Upon termination of this agreement, the City shall have the option to purchase the improvement based on the original construction cost multiplied by the proportion of ownership held by the licensee. By way of example, for an improvement with a documented cost to construct of $10,000, the Licensee would maintain 100% ($10,000) ownership until one year has transpired from the date of completion, whereupon, the proportion of ownership would then be 80% ($8,000) licensee and 20% ($2,000) City. Upon completion of the second year, the ownership would be 60% ($6,000) licensee and 40% ($4,000) City. Upon the completion of the fifth year, the ownership would be 100% City.

Title to all discretionary improvements that now or may from time to time constitute a part of the Premises, shall be and remain in Licensee until the expiration of this Agreement. Upon the expiration of the term of this Agreement or earlier termination, title to all such property, buildings, structures and improvements shall pass to and vest in City without cost or charge to it, free and clear of all liens, and in good condition, reasonable wear and tear excepted.

Licensee, on expiration of this Agreement or earlier termination, shall execute and deliver any and all deeds, bills of sale, assignments, and other documentation which in City's sole Judgment may be necessary or appropriate to transfer, to evidence or to vest in City clear title to any of the property located on the Premises at the time of such termination. Licensee, in addition. shall deliver to City on expiration of this Agreement or earlier termination, originals or certified copies of any plans, reports, surveys, contracts or other items relating to the ownership or operation of the Premises.

Any demolition activity and all improvements. changes and alterations (other than changes or alterations of movable trade fixtures and equipment, or improvements, changes or alterations involving costs less than ten thousand dollars ($10,000)) shall be undertaken in all cases subject to the following additional conditions which Licensee covenants to observe and perform:

No improvement. change or alteration, and no demolition and replacements shall be undertaken until Licensee, or Licensee's subcontractors, shall have procured and paid for, so far as the same may be required from time to time, all municipal and other governmental permits of the various municipal departments and governmental subdivisions having jurisdiction. When requested by Licensee, City agrees to join in the application for such permits whenever such action is necessary.

City building permits shall be provided by the City at no cost to the Licensee.

Licensee will notify City at least ten days prior to the commencement of any construction over $10,000. City shall have the right to post and keep posted on the Premises, and record, a Notice of Non-responsibility. Licensee shall keep the Premises free from any and all liens and encumbrances arising out of or in any way connected with the work performed, materials furnished or obligations incurred by Licensee in connection with any alteration, addition or improvement to the Premises.

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All work done in connection with any improvement, change, alteration or demolition and replacement shall be done promptly and in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations and requirements of all Federal. state and municipal governments and the appropriate departments. commissions, boards and officers thereof. Any improvement or repair shall be constructed by a contractor licensed and bonded by the California Contractor's State License Board. Licensee may be subject to Conditional Use Permit approval.

Permits, Licenses. etc. When requested by Licensee, City will from time to time during the Term execute and deliver all applications for permits, licenses or other authorizations relating to the premises required by any municipal. county, state, or Federal authorities. or required in connection with the construction, reconstruction, repair or alteration of any buildings or improvements now or hereafter constituting a part of the Premises. when requested by Licensee, City will from time to time during the Term execute, acknowledge and deliver any and all instruments required to grant rights- of-way and easements in favor of municipal and other governmental authorities or public utility companies incident to the installation of water lines, fire hydrants, sewers. electricity, telephone, gas, and other facilities and utilities reasonably required for the use and occupancy of the Premises.

Certain planning, land use, zoning, conditional use permits, and public actions required in connection with any Licensee Improvement project are discretionary government actions. Nothing in this Agreement obligates City or any other governmental entity to grant final approval of any matter described herein. Such actions are legislative, quasi- judicial, or otherwise discretionary in nature. City shall not be liable. in law or equity, to Licensee or any of its executors, administrators, transferees, successors-in-interest, or assigns for any failure of any governmental entity to grant approval on any matter subject to discretionary approval.

Prevailing Wage. Licensee shall be solely responsible for determining whether payment of prevailing wage is required. Licensee shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to City) the City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Licensee, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., and the implementing regulations of the Department of Industrial Relations.

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SECTION 6

TERM, TERMINATION, DEFAULT, REMEDIES
Term. The Term of this Agreement shall commence on December 1st, 2024 (the Effective Date) and terminate September 30, 2027. In addition, Licensee shall have the first right to negotiate with the City to extend the Agreement for up to two additional five-year periods. The exclusive right to negotiate period shall be from no later than 1st day in June prior to the expiration date and extend to no later than the 30th day in September prior to the expiration date.

By Destruction. In accordance with Section 7 of this Agreement, City may terminate this Agreement.

Default by Licensee. It shall be a default under this Agreement if any of the following occurs:

Licensee fails to pay the Rent, and any other costs, surcharges or other monetary obligations as required by this Agreement; or
Licensee fails to observe and comply with any other term, condition, covenant or agreement to be observed and complied with by Licensee under this Agreement.

Remedies. As to any monetary defaults or obligation of a party to pay any monies to the other, such default shall continue uncured for a period of ten (10) days after the defaulting party receives notice from the other party, the non-defaulting party shall be entitled to terminate this Agreement.

As to any default of a party of a non-monetary nature, if such default continues uncured for a period of ten (10) days after the defaulting party receives notice from the non-defaulting party specifying the nature of the default in reasonable detail (or such period if such default cannot be reasonably cured within such 10-day period, provided the defaulting party commences such cure within such 10-day period and thereafter diligently pursues such to completion), the non-defaulting party shall have the right, in addition to any other remedy available hereunder, or at law, or in equity, to terminate this Agreement. Termination of this Agreement shall not relieve the defaulting party of its obligation to make any monetary payment required of it pursuant to this Agreement (including the full payment of all license fees) nor shall any obligations of indemnity, insurance and other obligations which would naturally survive termination be excused. All such obligations shall continue to be binding upon the defaulting party until such obligations have been performed and satisfied in full.

Termination for Convenience. After conclusion of the first baseball season, Licensee may terminate this agreement for convenience by written notice of termination delivered to City before December 31, 2025. In like fashion, Licensee may terminate this agreement for convenience after the second baseball season by written notice to City before December 31, 2026. If Licensee exercises the option to terminate for convenience, all improvements at the property shall be property of the City. Licensee shall execute and deliver any documents reasonably necessary to confirm City’s ownership of the improvements.

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Holding Over. Licensee shall have no right to holdover past the Expiration Date or earlier termination of this Agreement. If Licensee fails to vacate the Premises by 11:59 p.m. on the Expiration Date or earlier termination of this Agreement, in the condition required in Section 5, then this Agreement shall, if City provides prior written consent, in City’s sole and absolute discretion, continue as a month-to-month license, and Licensee shall become a holdover licensee subject to the terms and condition of this Agreement. During any such holdover period, Licensee shall pay City 150 % of the then-applicable Licensee Fee per month in advance by no later than the first (1st) day of each month of such holdover term. During the holdover period, City and Licensee shall each be entitled to terminate this Agreement with thirty (30) days’ written notice to the other party, and thereafter, the License shall terminate on the thirtieth (30th) day following the date of the notice. If City does not provide prior written consent to such hold over, then this Agreement shall terminate immediately and Licensee shall have no right to remain on the Premises, and City shall be entitled to every right and remedy under law and in equity to prevent Licensee from occupying the Premises.

No Consequential Damages. In no event shall either party be liable to the other party for any incidental, indirect, special or consequential damages arisings out of or related to this agreement.

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SECTION 7

DAMAGE OR DESTRUCTION
In the event the Property is substantially or totally damaged or destroyed so as to be unfit for occupancy or use by Licensee as contemplated, the City shall use commercially reasonable efforts to repair the Property as soon as practicable, and if the Property cannot be repaired within one (1) year, either party may terminate the Agreement. In the event either party elects to terminate this Agreement, it may give Notice of Termination which shall be effective immediately. Whether either party elects to terminate this Agreement pursuant to this section, that party shall have no liability to the other party with respect to any losses or damage occasioned by that party due to such termination or due to any delays occasioned by the time of repair, construction/reconstruction of the Property facilities. Each party shall obtain business interruption insurance or take such other financial precautions as it deems necessary for any losses which might arise from the destruction or substantial destruction of the Property.

Restoration of the Property. For termination of this Agreement other than for damage or destruction as described in paragraph 1 above (to include expiration of this Agreement according to its terms or termination occasioned by default), Licensee will return the Property to its original or subsequently improved condition and shall return to City all equipment and tangible personal property owned by City, if any, in good working condition, or reimburse City for reasonable cost of repairing such damage and/or replacing such personal property.

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SECTION 8
INDEMNITY; INSURANCE
Indemnity by Licensee. Except to the extent of Claims arising from the gross negligence or intentional misconduct of the City, Licensee agrees to protect, defend (with counsel acceptable to the City), indemnify, save, and hold City and all of the City Parties harmless from any third party actions, liability, claims, losses, expenses (including reasonable attorneys’ fees and costs), or liability (collectively called “Claims”) resulting from use and occupancy of the Premises by Licensee and/or any of the Licensee Parties. Licensee agrees that Licensee has an immediate and independent obligation to defend City and all of the City Parties from any Claims when such a Claim is tendered to Licensee and shall continue thereafter until the Claim is resolved to the satisfaction of City. Licensee’s obligations shall survive the expiration or sooner termination of this Agreement. Licensee shall be liable to the City for any loss or damage to City property arising from or in connection with Licensee’s performance hereunder unless such loss or damage is occasioned by City’s negligence or intentional acts.

Insurance Requirements.

Commercial General Liability. During the term of this Agreement, Licensee shall at all times maintain in full force and effect commercial general liability insurance in an amount determined as reasonably necessary from time to time by Northern California Cities Self-Insurance Fund (NCCSIF), a California joint powers agency, or City’s subsequent insurance carrier. At the commencement of this Agreement, the commercial general liability insurance shall be $2,000,000 minimum combined single limit and a general aggregate limit of at least $4,000,000 with umbrella coverage of $5,000,000. The policy shall cover bodily injury, property damage, personal injury and other covered loss however occurring during the policy term. The coverage shall be primary, and any insurance maintained by City shall be excess insurance only. Such insurance shall contain endorsements including employees as additional insureds.

The commercial general liability insurance policy shall provide coverage on an “occurrence” basis, including products and complete operations, property damage, bodily injury and personal and advertising injury. If a general aggregate limit applies, the general aggregate limit shall apply separately to this Agreement and the Property.

Automobile Liability. Licensee shall, during the term of this Agreement maintain coverage for automobile liability using ISO Form CA 00 01 covering any auto (Code 1), hired (Code 8) and non-owned automobiles (Code 9), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

Property Insurance. During the term of this Agreement Licensee shall at all times during the Baseball Season maintain in full force and effect property insurance, special extended coverage or all-risk coverage insurance (including, but not limited to coverage for vandalism and malicious mischief) in the amount of 100% of the full replacement value of all improvements at the Property.

Such policy shall contain a replacement cost endorsement and a stipulated amount endorsement.

Licensee may maintain the required coverage by means of coverage obtained by City through

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City’s insurance carrier, which may change from time to time, for which Licensee shall reimburse City for coverage required during the Baseball Season.

Workers’ Compensation. During the term of this Agreement Licensee shall at all times maintain in full force and effect workers’ compensation insurance as required by the laws of the State of California. Licensee may be permissibly self-insured in accordance with applicable law.

Forms of Policies; Deductibles. All insurance policies required by this section shall provide for severability of interests; shall provide that an act or omission of one of the named or additional insureds shall not reduce or void coverage to the other named or additional insureds, shall not reduce or void coverage to the other named or additional insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. All insurance policies required to be carried under this section shall be (a) written by companies rated A-VII or better in Best’s Insurance Guide and authorized to do business in California, and (b) name City, its officers, officials, employees and volunteers as additional insureds. Licensee shall be responsible for any such deductible amount, so that so far as City is concerned, it will be as if the insurance had no deductible.

Each insurance policy required above shall provide that coverage shall not be cancelled, except with no less than thirty (30) days prior notice to City.

Licensee hereby grants to City a waiver of any right to subrogation which any insurer of said Licensee may acquire against City by virtue of the payment of any loss under such insurance.

Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

City reserves the right to modify these insurance requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

City, its officers, officials, employees and volunteers are to be covered as additional insureds on the commercial general liability policy with respect to liability arising out of work or operations performed by or on behalf of the Licensee including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Licensee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions are used).

For any claims related to this Agreement, the Licensee’s insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Licensee’s insurance and shall not contribute to it.

Insurance Endorsements; Failure to Deliver. Licensee shall furnish City upon execution of this Agreement, and thereafter within 30 days prior to the expiration of each such policy, amendatory endorsements issued by the insurer carrier of each policy of insurance carried hereunder and such

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policy endorsement to verify the additional insured status of City. The endorsements shall expressly provide that the policy shall not be cancellable or subject to reduction of coverage or otherwise be subject to modification except after 30 days’ prior written notice to City. If Licensee shall fail to procure such insurance or deliver such endorsements, City may, at its option, and in addition to City’s other remedies in the event of default by Licensee under this Agreement procure the same for the account of Licensee, and the cost thereof shall be paid to City as an additional license fee. Failure to obtain and maintain the required endorsements prior to the commencement of the Baseball Season in 2025 shall not waive Licensee’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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SECTION 9

SUBLICENSE OR ASSIGNMENT OF AGREEMENT
No assignment or sublicense. The license granted to Licensee is personal to Licensee and may not be assigned or sublicensed in whole or in part to any third party without the prior written consent of City, within the City’s sole discretion, provided that Licensee may assign this Agreement and the rights and obligations under this Agreement without the consent of the City in connection with a reorganization, consolidation or merger, or to an affiliate organization wherein the principals of Licensee have leadership positions within the Assignee. This Agreement shall inure to the benefit of and be binding upon the Licensee, its successors and permitted assigns.

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SECTION 10

ADDITIONAL AGREEMENTS
Hazardous Materials. For purposes of this paragraph “Hazardous Materials” shall mean any substances or materials classified as hazardous materials, hazardous substances, hazardous waste or toxic waste under any federal, state or local statute, regulation or ordinance, including by not limited to any petroleum products and agricultural chemicals used as pesticides or herbicides.

Licensee shall not knowingly, and shall not permit any third party to, transport onto, store on or use on the Property any Hazardous Materials. Licensee shall not release or allow any third party to release any Hazardous Materials on any portion of Property. Licensee, at Licensee’s sold expense, shall conduct any and all investigation, clean-up and/or eliminate any and all Hazardous Materials released in violation of this paragraph 2.

Additional Obligations of Licensee. Licensee shall keep and maintain a valid business license issued by City during the term of this Agreement. Licensee must secure such permits, variances and licenses as may be necessary or desirable to operate its business as contemplated in this Agreement at its sole expense and obligation.

Licensee shall pay any possessory interest tax levied against the Property by the Assessor of Yuba County. Any taxes owing as a result of the private, commercial use of the Property are the sole expense of Licensee, including any subsequent taxes, levies or increases to existing taxes to which Licensee or its affiliates would be subject.

Licensee shall abide by all local ordinances, rules and regulations, and all State laws, pertaining to the operation of a baseball facility open to members of the public, including, but not limited to all such ordinances, rules, regulations and laws pertaining to health, fire, safety, the sale of food and beverages, and alcohol sales and consumption.

Cooperation to Protect Surrounding Neighborhood. City agrees that Licensee may use the Property for baseball games and other events as contemplated under this Agreement, however Licensee agrees to cooperate with City to insure that Property is used in such a manner as not to produce unreasonable annoyance to persons living in the neighborhood surrounding the Property considering the purposes of this Agreement.

Access by City. Authorized personnel from City shall have reasonable access to the Property at all times during the term of this Agreement to ensure compliance with all the provisions of this Agreement. Such access does not provide the right to interfere with the on-going business operations of Licensee.

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SECTION 11
(RESRVED)

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SECTION 12

MISCELLANEOUS
Rent Payable in United States Money. Rent and all other sums payable under this Agreement must be paid in lawful money of the United States of America.

No Partnership or Other Legal Entity Formed. By virtue of this Agreement no partnership, joint venture, or other legal entity is formed between the parties and neither becomes the guarantor or obligator of any debt, liability or obligation of the other.

Licensee’s Employees. No employee, agent, contractor, or other person to the employ of one party shall be deemed to be in the employ of the other party.

No Independent Contractor. Neither City, nor Licensee, shall be independent contractors of one another pursuant to the terms of this Agreement.

No Liens or Encumbrances. Licensee shall not permit to be enforced against the Property or any part of them, any mechanic’s, materialmen’s, contractor’s or subcontractor’s lien arising from any work of improvement, however it may arise. Licensee shall defend and indemnify City against all liability and loss of any type arising out of work performed at the Property by Licensee, together with reasonable attorneys’ fees and all costs and expenses incurred by City in negotiation, settling defending or otherwise protecting against such claims in the event of the breach by Licensee of the duty to defend or indemnify City.

If Licensee does not protect the Property from a lien or liens as provided in Paragraph A, and a final judgment has been rendered against Licensee by a court of competent jurisdiction for the foreclosure for a mechanic’s, materialman’s, contractor’s or subcontractor’s lien claim, and if Licensee fails to stay the execution of the judgment by lawful means or to pay the judgment, City shall have the right, but not the duty, to pay or otherwise discharge, stay, or prevent the execution of any such judgment or lien or both. Licensee shall reimburse City for all sums paid by City under this paragraph, together with all City’s reasonable attorneys’ fees and costs, plus interest on those sums, fees and costs at the rate of 10% per year from the date of payment until the date of reimbursement.

Integrated Agreement; Amendments. This Agreement covers all matters concerning the use and occupancy of the Property by Licensee. All prior understandings, whether written or oral, shall be of no further force or effect. All amendments hereto shall be in writing, signed by both parties.

Notices. Notices to either party, and correspondence between them, shall be made by personal delivery, fax, overnight delivery (Federal Express or equivalent), or registered U.S. Mail.

To the extent a time limit is prescribed for the giving of any notice, such notice shall be deemed given:
a. Upon personal delivery.

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b. Upon the sending of fax, provided another copy is provided by another method described above on the same day as the fax is sent.
c. At the time shown as the time received by the overnight delivery service or the U.S. Postal Service.

The addresses, phone numbers and fax numbers of the parties are as follows. A party will promptly notify the other in writing of any changes.

City:

Jim Schaad
City Manager
City of Marysville
526 C Street, P.O. Box 150
Marysville, CA 95901
(530) 749-3901
(530) 749-3992
With a copy to:

Rich, Fuidge, Bordsen & Galyean, Inc.

Attn: Brant J. Bordsen
City Attorney
1129 D Street
Marysville, CA 95901
(530) 742-7371
(530) 742-5982
Licensee:

Yolo High Wheelers, LLC
Owner
Paul Freedman
6114 La Salle Ave. #546
Oakland, CA 94611
[email protected]
(415) – 533-5095
With a copy to:

Yolo High Wheelers, LLC
Attn: Mark Kahn
6114 La Salle Ave. #546
Oakland, CA 94611
[email protected]
(415) 913-8599
Authority. Each party represents that the person signing this Agreement on its behalf has been duly authorized to do so in accordance with all applicable laws pertaining thereto and that the signature of such person is to be construed as legally binding the party to the terms and conditions of this Agreement.

Binding on Heirs, Successors, and Assigns. This Agreement, and each term and condition of it, shall be binding on the heirs, successors, and assigns of the parties. Nothing in this subparagraph permits Licensee to assign or sublet all or any rights under this Agreement.

Modification; Waiver. Changes or modifications to this Agreement may be made by mutual written agreement of the parties. No change or modification shall be effective unless in a writing executed by the parties. No waiver shall be deemed given unless in writing, and one waiver shall not constitute a subsequent waiver.

Provisions are Covenants and Conditions. All provisions, whether covenants or conditions, on the part of Licensee shall be deemed to be both covenants and conditions.

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Nuisance. Licensee shall not commit or permit the maintenance or commission of any nuisance within the Property.

Captions. The captions of the various sections or paragraphs of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part of this Agreement.

Number and Gender. The singular number includes the plural whenever the context so requires.

The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter and the feminine includes the neuter and the masculine, and each includes corporation, partnership or other legal entity when the context so requires.

Severability. The unenforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal.

Exclusive Representative. The parties agree that they shall each designate exclusive representatives for purposes of ongoing communications concerning this Agreement. Each party agrees that it shall not communicate with other persons concerning the subject matter of this Agreement except with the designated representatives of each party. In that regard the designated representative(s) for Licensee shall be Paul Freedman, the designated representative for City shall be Dan Flores, Community and Economic Development Director. Either party may change its designated representative(s) by giving notice to the other party pursuant to Section 13 subdivision 7 of this Agreement.

Governing Law and Attorneys’ Fees. This Agreement shall be governed and construed in accordance with the laws of the State of California. If this Agreement gives rise to a dispute, lawsuit or other legal proceeding between the parties hereto, the prevailing party shall be entitled to recover its court costs and reasonable attorneys’, expert fees in addition to any other relief to which such party may be entitled.

Authority. Each individual executing this Agreement on behalf of Licensee represents and warrants that he is duly authorized to execute and deliver this Agreement on behalf of Licensee.

Time is of the Essence. Time is of the essence in performance of this Agreement.

No Third-Party Beneficiaries. Except as specifically provided in this Agreement, nothing in this Agreement is intended to create any third-party benefit.

Severability. If any provision of this Agreement or the application of any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent, the remaining provisions of this Agreement and the application of it will remain in full force and will not be affected, impaired or invalidated.

Performance Bond. Licensee shall provide one good and sufficient surety (performance) bond, which name the City of Marysville (see Exhibit E attached), prior to the commencement of any licensee activities on the facility. The performance bond shall be a minimum of $100,000.00. The

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licensee shall maintain the bond in full force and effect until termination or expiration of the agreement, and until all related claims are paid, and shall otherwise comply with the Civil Code.

Exterior Signage. With the exception of an electronic/video scoreboard installed outside the rightfield wall and facing inward to the facility, the use of digital or electronic billboard or other signage outside the walls/fences of the facility or visible from street level from outside the Property is not currently permitted. The City reserves the right (assuming it acquires the rights to do so) to locate a digital/electronic billboard on the back of the existing scoreboard in centerfield (or other appropriate location outside of Bryant Field on the Property). Notwithstanding the electronic/video scoreboard installed outside the right field wall, Licensee shall not erect any billboards or signage at the Property absent the City’s advance written consent to do so, provided, however, that this restriction shall not operate so as to prohibit Licensee from posting wayfinding, safety-oriented, or welcome signs.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together, when signed by all the parties hereto, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement, effective on December 1st, 2024.

CITY OF MARYSVILLE
By: ______________________________
Jim Schaad, City Manager
APPROVED AS TO FORM:

By: ______________________________
Brant Bordsen, City Attorney
Business License #: ______________
Tax ID No.:_______________________

YOLO HIGH WHEELERS, LLC
By: ___________________________
Title: __________________________
ATTEST:

By: _____________________________
Nadine Sims, City Clerk

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EXHIBIT A

PREMISES
1431 C Street in the City of Marysville, Yuba County, California and designated as Assessor’s Parcel Number 009-144-001.

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EXHIBIT B

PROPOSED IMPROVEMENTS
The High Wheelers will make the following field improvements and replacements and will ensure all repairs and maintenance are coordinated with the City of Marysville Public Works Department and Marysville Recreation Development Committee before proceeding as necessary.

1. Player Safety :
a) Add padding (at least 8 ft high) on all outfield walls (~ $80,000-$120,000) b) Add padding along left and right field cement wall (~$20,000) c) Replace home plate wall padding (<$5,000)
d) Replace dugout padding and nets (<$5,000)
e) Add Batter's Eye to improve visual contrast (~$15,000-$30,000) f) Replace batting cages netting (<$5,000)

2. Enhanced Features to Support Higher-Level Play :
a) Install TrackMan analytics system (~$60,000)
b) Install Pitch Clocks (at least two, preferably three) (~$20,000) c) Add bat and helmet racks to dugouts (<$5,000)
d) Provide portable restrooms for players (<$5,000)
e) Add Umpire room with restrooms and shower (under bleachers, it has water and sewer) ($20,000-$30,000)

3. Additional equipment needed onsite:
a) 3 10x10 screens (<$5,000)
b) 3 L screens (<$5,000)
c) BP tarp (<$5,000)
d) BP portable mound, (<$5,000)
e) BP ball basket (<$5,000)
f) Turtle netting replaced (<$5,000)
g) 1 Hack Attack Pitching Machine (<$5,000)
h) 1 Hack Attack Mini Pitching machine (<$5,000)

4. Fan/Spectator Experience:
a) Install a Video Scoreboard in right center field ($110,000-$220,000) b) Replace seats or short-term repair (behind home plate under the press box). (<$5,000) c) Remove snack bar behind 3rd base bleachers (may renovate for snack bar or storage) (<$5,000)
d) Shade structure, where and determine advantage with sun placement ($15,000-$25,000) e) Add a Fun Zone BBQ PIT inside stadium (most likely LF foul area) (<$5,000)

5. Field Conditions/Minor Repairs
a) Rebuild pen mounds and add 1 to LF pen (<$5,000)
b) Replace or repair aluminum rail down left and right field on cement walls (<$5,000) c) Replace field gates down right field line (2) Left line (3) (<$5,000)

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d) Snack Bar interior remodel ($25,000-$35,000)
e) Replace storage shed under main grandstand (<$5,000) f) Add maintenance shed RF foul territory (<$5,000)
g) Outfield net replacement ($20,000-$30,000)
All improvements shall be placed within the Premises and shall not extend into the public right of way without City’s consent in it is proprietary and regulatory capacities, and subject to all necessary permits.

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EXHIBIT C
PRELIMINARY 2025 REGULAR SEASON HOME GAME SCHEDULE
May 20-25
May 27-June 1
June 17-22
July 4-6
July 8-13
July 22-27
August 1-3
August 12-17
August 19-24
Gametimes:

Tue-Fri 6:35pm
Sat-Sun 1:05pm

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EXHIBIT D

EXAMPLARY IN-KIND BENEFITS
(Actual Marysville-specific benefits to be determined)
Workforce Composition:

Staff: Team will make additional efforts to provide Gameday employment opportunities to members of the Maryville community.

Locally Sourced Vendors: The Team will make best efforts to ensure that locally owned small business and nonprofit subcontractors and vendors receive priority in providing goods and services to the Team.

Internships: The Team will make best efforts internships, annually, to high school and postsecondary students from the community.

Support of Youth Sports
Improve Community Fields: Each year of the Lease term, the Team will work with local youth baseball and softball programs to identify and clean up at least one local baseball and/or softball field in the Territory.

Youth Baseball Clinics - Licensee will be sponsoring a series of baseball clinics that are free to attend for local youth. They expect to host at free clinics sponsored by Major League Baseball.

The Trackman Baseball Analytics System: The Team will install the industry-leading TrackMan Baseball System at Bryant Park. Trackman is an analytics system that consistently measures reliable data on pitchers and hitters. The presence of Trackman at Bryant Park will allow highperforming youth baseball players in to collect performance data at organized clinics and showcases to attract the attention of college and pro scouts. The system will be installed on the Premises and be made available to youth leagues and sports related community groups.

Small Business and Nonprofit Support
Awareness and Marketing: The Team will identify opportunities to spotlight local small businesses and nonprofits during Team home games. This shall include, but may not be limited to, opportunities such as complimentary tickets; fundraising opportunities via ticket sales; partner of the game; social media posts; inclusion in Team press releases; mention on Team broadcast and in-game, pregame on- field recognition; in-game public announcement mention on scoreboard; ingame broadcast interview for larger events and organizations; specialized in-game programming; first pitch and anthem honors.

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Community Engagement:

Team and Player Community Participation: Team and player participation in educational programs in schools and other programs in the Community, including youth clinics and player visits to local organizations (e.g., foster care facilities, schools, youth sports programs and hospitals).

Support of local nonprofits and other community serving institutions: This includes providing complimentary merchandise, tickets, and customized experiences for local auctions, sponsoring community events, conducting ticket giveaways and discount codes, and collaborating on programming at the ballpark and out in the community valued at approximately One Hundred Twenty Thousand Dollars ($120,000).

Arts Plan: The Team will develop an arts plan in support of the overall ballpark experience and celebrating local history and culture.

Programming the local community: The team will have numerous events on its programming calendar that are dedicated to honoring local institutions including art. (i). Little League Day - A game showcasing local little leagues including free tickets and giveaways for little league participants.
(ii) Teacher Appreciation Night - celebrating Marysville’s incredible teachers (iii) First Responders Night - honoring local Fire, Police, and EMTs (iv) Honor Our Troops - honor community members who have served our country Disclosure: The foregoing is an example of the in-kind benefits to be provided by Licensee, which may be modified by agreement of the parties.

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EXHIBIT E

PERFORMANCE BOND
WHEREAS, the City of Marysville, State of California (hereinafter “City”) and the Yolo High Wheelers, LLC (hereinafter designated as “Principal”) have entered into an agreement hereby Principal agrees to undertake the set obligation under a Licensee Agreement, said agreement being dated 1 December 2024, is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and _____________________, as Surety, are held and firmly bound unto the City of Marysville in the penal sum of One Hundred Thousand Dollars ($100,000) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, or its successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions of the said agreement and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise its shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

The Surety’s obligations to the City arise immediately upon the default of the Principal, without demand or notice.

The adequacy and amount of any premium (and whether or not such premium was sufficient for the risk assumed by Surety) shall have no bearing on Surety’s absolute and unconditional obligation to the City upon the Principal’s default of its obligations under this bond.

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IN WITNESS WHEREOF, this instrument was executed by the Principal and Surety above named on 1 December 2024.

CITY OF MARYSVILLE
By: ________________________________
Jim Schaad, City Manager
APPROVED AS TO FORM:

By: ________________________________
Brant Bordsen, City Attorney
Business License #: ________________
Tax ID No.:_______________________

YOLO HIGH WHEELERS, LLC
By: ___________________________
Title: __________________________
ATTEST:

By: _____________________________
Nadine Sims, City Clerk
Item #02
Date: November 22, 2024
To: Mayor and City Council
From: Vincenzo S. Corazza, Public Works Director
Jim Schaad, City Manager
Subject: Hotel Marysville Phase 1 – Demolition Award to JM Environmental Recommendation:

Pass a Motion to award a contract in the amount of $779,000 with JM Environmental, Inc. for the demolition of Marysville Hotel under emergency procurement guidelines, 2) authorize the City Manager to sign an updated contract, and 3) authorize the Finance Director to make a supplemental appropriation to the appropriate account number.

Rationale for Recommendation:

The demolition of Hotel Marysville is critical to restore traffic flow to pre-fire conditions by reopening key roadways, including E Street (SR-70), 5th Street, and High Street, as well as reinstating 3rd Street to two-way traffic. The emergency procurement process, as outlined in MMC 2.76.080, 2.76.090, 2.76.126(ii)(iv), 2.76.140(5) and (7)(A)(ii)(iii), enables the expedited awarding of contracts for essential services and goods in such situations.

Background:

On June 15, 2024, a devastating fire severely damaged the Historic Hotel Marysville, located at 420 5th Street at the corner of 5th Street and E Street (SR-70). The fire destroyed significant portions of the building, including the roof, leaving the fifth-floor walls exposed. This damage led to road closures and detours, severely disrupting nearby businesses and traffic flow.

On June 18, 2024, Jackson & Sands Engineering, Inc. assessed the structural integrity of the hotel and concluded that the building was at risk of failure due to normal wind loading and existing gravity loads. These failures could be catastrophic and sudden, posing a significant risk to public safety, particularly to commuters, truckers, and businesses adjacent to the building.

In response to the immediate threat, on June 21, 2024, the Director of Emergency Services/City Manager declared a local state of emergency, which was ratified by the City Council on June 24, 2024.

On July 24, 2024, the City Engineer issued an invitation to bid for the Hotel Marysville Emergency Abatement and Demolition Project. Bids were opened on July 26, 2024, but the submitted bids Item #02
significantly exceeded the City Engineer’s cost estimates. As a result, the City allowed the bids to expire on September 26, 2024.

On November 19, 2024, City Council directed staff to pursue Option 2, full building demolition over Option 1, top floor demolition for Phase 1.

Discussion & Analysis:

In mid-October 2024, staff-initiated discussions with the low bidders from the expired July 26, 2024, bid opening to explore potential phased approaches to the project. The phased approach would break the project into two distinct phases:
• Phase 1: Perform the minimal demolition and removal work necessary to reopen the roadways and restore traffic flow.
• Phase 2: Complete the cleanup and hazardous materials abatement exacerbated by the fire damage.

Cost estimatesfor these phases are detailed in Attachment 1, with the actual individual proposals provided for Phase 1 in Attachment 2.

The contract for this motion will be an updated version of the original July 26, 2024, Invitation to Bid contract, as outlined in Attachment 3. This updated contract will specifically reference Phase 1 of the demolition work, with adjustments made to the original bid documents as necessary.

Fiscal Analysis:

Contract $779,000
Inspection & Contingency $221,000

Construction Total $1,000,000
The estimated project cost is $1,000,000. This estimate includes a 20% contingency on the contract, as well as an additional amount to cover inspection services and any unforeseen circumstances related to the JM contract.

Attachments:
1) Phasing Options Matrix
2) Proposals
3) Contract (same as the one proposed in the July 26, 2024, bid) Hotel Marysville Abatement and Demolition Phasing Matrix Option 1 – Top Floor Demo Estimated Cost
Phase 1 –
Open Up
Roadways
$700,000
Phase 2 –
Clean Up
$2,600,000
Total $3,300,000
Option 2 – Demo Entire Building Estimated Cost
Phase 1 –
Open Up
Roadways
$1,800,000
Phase 2 –
Clean Up
$1,900,000
Total $2,700,000
Proposal
Date
11/19/2024
Proposal #
E30204
To:

City of Marysville
Jim Schaad
530-799-0020
[email protected]
Job Site:
429 10th Street
Marysville, CA 95901
Claim #/P.O. #
N/A
Terms
Net 30
PM
A
Loss
Fire
Project
Demolition
Total
P.O. Box 2189 Granite Bay CA 95746 (916)726-0304 (916)726-0340 Fax PERFORMANCE, PROGRESS, AND SERVICE... ACCELERATED
JM Environmental, Inc.

Lic. #693564 DOSH #578
Proposal accepted by: Date:

By signing this proposal, customer acknowledges and agrees that he/she:
(1) is entering into an agreement with JM Environmental, Inc. in accordance with this proposal; and (2) has read and is agreeing to be bound by the general terms and conditions provided herewith.

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total
JM Environmental, Inc. to demolish the fire damaged Marysville Hotel walls and flors complete leaving the debris piled within the building footprint, option to open Hwy. 70, tasks as follows:

WORK AREA: Building complete and adjacent perimeter

1.) Mobilize manpower and equipment to complete the project in a professional and timely manner complying with all local, state and federal regulations adhering to OSHA, EPA and Air Quality Management District guidelines.

2.) Supply personal protective equipment (respirators, suits, goggles, gloves, etc.) for cross trained and certified employees throughout duration of project.

3.) Install critical barriers/engineering controls to isolate work areas: barriers, cones, caution tape, signage, ground drops, etc.

DE-ENERGIZE:

4.) City of Marysville to ensure power, water, gas are safed off prior to JM Environmental, Inc. mobilization.

Note: City to walk project with JM Environmental, Inc. Superintendent and acclimate JM Environmental, Inc. management to all points of termination.

Page 1 ends

Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total
SITE SECURITY:

5.) City of Marysville to assist with the existing security fencing traffic control, etc. until demolition is complete.

DEMOLITION:

6.) JM Environmental, Inc. technicians using high reach equipment long arm excavators with grapple thumb and material processors to demolish the existing fire damaged structure complete, as follows:
a. Site security / safety: Ensure all points of access are secure and monitored prior to and during the demolition process.
b. Safety / utilities JM Environmental, Inc. and City of Marysville to work together acclimate to all points of entry to the footprint of the building as to ensure no public utilities are affected during demolition; power, water, gas.
c. Decontamination / JM Environmental, Inc. to decontaminate the sidewalk elevation or like around the buildings leading edge prior to demolition, then maintain during demolition. No building debris past the perimeter walls left post shift. d. JM Environmental, Inc. using high reach equipment to demolish the Marysville Hotel 5-stories complete down to the slab grade.

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Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total
e. JM Environmental, Inc. to neatly pile the demolished building within the existing footprint as to not compromise adjacent storm drains.
f. Contaminated debris field, JM Environmental, Inc. to cover inplace the hotel debris pile in its entirety with 10-mil poly fireproof sheeting then hold in place with gravel bags placed as applicable to the topography of the debris field. Note: JM Environmental, Inc. to execute best means and methods to secure debris field from being compromised by weather. g. SWPP / JM Environmental, Inc. to install wattle x2 rows around perimeter of debris pile held in place with gravel bags including installing micro fiber blankets at all adjacent DI's (drain inlets) as to capture and filter run off debris.
h. Zero emissions / JM Environmental, Inc. to continuously water the work zone and adjacent throughout the demolition process.

7.) Cal-OSHA, EPA, DTSC and Air Quality Management District notifications and coordination included as applicable. JM Environmental, Inc. to sign manifest as Agent for Owner.

8. JM Environmental, Inc. to provide good housekeeping practices throughout project, keeping site free of trash, debris, etc.

9. Proposal includes all applicable fees, OSHA notifications, labor, supplies, etc. necessary to complete this project.

10. All work done in accordance with applicable, local, State, and Federal regulations.

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Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total

11. JM Environmental, Inc. shall not be responsible for damages due to necessary demolition procedures. JM Environmental, Inc. shall make all reasonable effort to prevent such damage.

12. Repair or replacement of impacted structural, architectural, mechanical, or electrical items excluded.

13.) Owner to provide water throughout project.

14.) JM Environmental, Inc. to provide power.

15.) JM Environmental, Inc. to provide sanitary facilities.

16. JM Environmental, Inc. is licensed and insured for this project as follows: (A- General Engineering), (B- General Building), (C21- Demolition), (ASB-Asbestos), (HAZ-Hazardous Materials). Contractor’s License Number: 693564.

17. Proposal includes General Liability Insurance (coverage up to $5,000,000.00). Workman’s Compensation Insurance, Auto Insurance, mobilization, demobilization, equipment decontamination fees, equipment wear and tear, warehousing, and administration fees.

18.) This is a prevailing wage project to be accompanied by certified payroll.

19.) JM Environmental, Inc. to adhere to governing regulations pertaining to lead abatement as follows:

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Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total

1. Code of Federal Regulations (CFR):
a. 29 CFR 1926, Construction Services
b. 29 CFR 1926.62, Lead in Construction
c. 29 CFR 1910.94, Ventilation
d. 29 CFR 1910.134, Respiratory Protection
e. 29 CFR 1910.1025, Lead
f. 29 CFR 1910.1200, Hazard Communication
g. 29 CFR 1926.55, Gases Vapors, Fumes, Dusts, and Mists h. 29 CFR 1926.57, Ventilation
i. 40 CFR Part 50.12, Ambient Air Quality Standard for Lead j. 40 CFR Parts 260, 261, 262, 263, 264, 265 and 268, Hazard Waste Management k. 49 CFR Parts 172, 173, 178, 179, Hazardous Material Transportation

Page 5 ends

Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total

2. California Code of Regulations
a. 8 CCR Division 1, Chapter 4, Subchapter 4, Construction Safety Orders b. 9 CCR 1532.1, Lead in Construction
c. 8 CCR 1537, Welding, Cutting, and Heating of Coated Metals d. 8 CCR 5144, Respiratory Protection
e. 17 CCR 35001 - 36100, Accreditations, Certification, and Work Practices for Lead-based Paint and Lead Hazards
f. 26 CCR Division 22, Hazardous Waste

3.) Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing, U.S.

Department of Housing and Urban Development (HUD), June 1995.

1. Federal Regulators and Regulations
a. EPA – Environmental Protection Agency

1.) 40 CFR Part 261 et al. – Resource Conservation and Recovery Act

2.) Title X – Residential Lead Poisoning Prevention Act

Page 6 ends

Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total

3.) National Ambient Air Quality Standards
b. OSHA – Occupational Safety and Health Administration

1.) 29 CFR 1926, Section 62 – Construction Standard

2.) 29 CFR 1910.1025 – General Industry Lead Standard

3.) 29 CFR 1910.147 – Lock Out – Tag Out
c. DOT – Department of Transportation

1.) 49 CFR Parts 173, 178 and 179

2. State Regulators, Laws and Regulations
a. Cal/OSHA – California Division of Occupational Safety and Health

1.) Title 8 CCR Section 1532.1 – Construction Lead Standard

2.) Title 8 CCR Section 5216 – General Industry Lead Standard

3.) Title 8 CCR Section 5194 – Hazard Communication

Page 7 ends

Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total

4.) Title 8 CCR Section 5157 – Confined Space

5.) Title 8 CCR Section 3203 – Injury Illness Prevention

6.) Title 8 CCR Section 5144 – Respiratory Protection
b. DTSC – Department of Toxic Substance Control

1.) Health and Safety Code Chapter 6.5 Hazardous Waste Control, Article 6 Transportation and Article 6.5 Hazardous Waste Haulers

2.) CCR, Title 22, Division 4, Sections 66000, et al.
c. CIWMB – California Integrated Waste Management Board d. California Department of Public Health

1.) CCR, Title 17, Division 1, Chapter 8
e. SWQCB – State Water Quality Control Board CCR, Title 23 f. CSLB – California Contractors State License Board
g. Health and Safety Code 25157.8 (AB 2784 Natural Resources)

Page 8 ends

Proposal
Date
11/19/2024
Proposal #
E30204
To:

Lic. #693564 DOSH #578
Proposal accepted by: Date:

Emergency Hazardous
Demolition
Marysville Hotel
Scope of Work: Total
***COST SUMMARY***
A. Demolition & debris covering 2024: 779,000.00
Timeframe to complete project: 30 calendar days.

Page 9 ends

$779,000.00
October 24, 2024
Vincenzo Corazza
City of Marysville
526 C. Street
Marysville, Ca 95901
530-749-3902
[email protected]
Reference: Marysville Hotel Demolition Marysville, CA
Dear Vincenzo:

American Integrated Services, Inc. (AIS) appreciates the opportunity to provide you with a proposal for Demolition of the Marysville Hotel. Based on the provided information within the attached scope of work an estimate of costs is provided below.

American Integrated Services, Inc. (AIS) is a full-service, minority owned (MBE) environmental services company specializing in environmental construction and remediation, industrial demolition and abatement, waste management and specialty transportation services, industrial cleaning services and 24/7 emergency response. Founded in 1998, with annual revenues exceeding $130M, AIS is recognized as an industry leader in providing turn-key environmental services, ranking in the top 20 of Engineering News-Record’s (ENR) “All Environmental Firms” for three consecutive years.

AIS has eight office locations and equipment yards stationed strategically throughout California and has recently added a Gulf Coast location (Houston, TX). AIS employs a staff of over 400 employees including a large field staff consisting of heavy equipment operators and environmental technicians, construction, abatement and demolition specialists, emergency response and confined space trained rescue crews, and hazardous waste certified drivers. Our in-house waste managementspecialists have extensive experience managing a variety of waste streams including both solid and liquid, non-hazardous, regulated wastes, RCRA hazardous land-banned/incinerator materials and TSCA wastes.

AIS field personnel are trained in accordance with 29 CFR 1910.120. In addition, the majority of our staff are cross trained in areas including confined space, trench/excavation, and asbestos abatement. All certified per OSHA and/or DOSH requirements. Our staff also receives additional specialty training throughout the year.

AIS owns over $35 million dollarsin equipment and assetsincluding excavators, loaders, dozers, backhoes, bob cats, shoring hammers and equipment, scissor lifts, gear trucks, multiple supervisor and support vehicles, hazardous certified transportation vehicles (vacuum trucks, hydrovacs, roll-off trucks, bobtails, ten wheelers, drum trucks, flat beds, end dumps) and over 400 hazardous certified and specialized rolloff bins, emergency response trailers and emergency response vehicles.

P.O. Box 92316, Long Beach, CA 90809-2316 • 1502 E. Opp St., Wilmington, CA 90744-3927 Phone: 310.522.1168 • 888.423.6060 • Fax 310-522-0474
www.americanintegrated.com • Contractors License #757133 City of Marysville
10/24/2024
AIS also carries all required insurance for performing the complex and demanding services associated with the environmental industry. In addition to standard general liability of $20,000,000, AIS also carries auto, workers compensation and contractor’s pollution liability insurance.

Our highly trained and experienced staff combined with our extensive list of company owned equipment, make it possible for AIS to provide safe, high quality and cost-effective services without reliance on subcontractors or 3rd party assistance.

Scope of Work:

Option #1: Demolish the entire building and leave all the asbestos and demolition debris left on site AIS will establish a regulated work area that will be identified with signage and warning labeled barrier tape. The regulated area once established shall conform to asbestos removal regulations. Upon the approval of the Third-Party Certified Consultant (CAC/CSST) to proceed with the work, workers donning the appropriate PPE will enter the regulated work area and proceed with removal of the following:

The demolition of the Marysville Hotel will involve the use of a Hi Reach Excavator and heavy equipment to ensure efficient dismantling of the structure. The process will begin with a thorough assessment of the site and the establishment of dust control measures, including water spraying to minimize airborne particles during demolition. All demolition derbis will remain onsite. After the demolition of the hotel is complete, the debris will be organized into a large pile within the basement/building footprint. This pile will be covered with a 200' x 220' tarp to protect it from the elements. The tarp will be secured with sandbags to prevent movement, ensuring that the site remains safe and organized until the debris can be removed at a later date.

Third-party oversight and air monitoring will be conducted by AIS who will verify appropriate protective measures are in place and functioning; proper work practices are being utilized for the removal of the lead/asbestos-containing materials in accordance with Federal, State, Local and client requirement.

All equipment will be properly decontaminated prior to exiting the regulated work area. Power 1, LLC will use engineering controls (wet methods). Upon completion of the project Power 1, LLC’s Competent Asbestos Supervisor and third-party Certified Consultant (CAC/CSST) will perform a site walk-through and visual verification and confirmation of the area to ensure all Asbestos has been cleared from the regulated area.

American Integrated Services has provided a budgetary quote for a cost of $1,729,548.23. Any scope changes or additions will be charge at current contract rates and agreed upon prior to work commencing and a change order is done.

Assumptions:
• All accrual reporting, daily tailgate meetings, foreman reporting, and maintaining all compliance (including ISNetworld) required for the project is included in our pricing. • AIS assumes all work to be completed in (1) mobilization. • AIS pricing is from portal to portal
• AIS will haul NO debris, all debris will remain onsite. • AIS assumes Regulatory Agencies will approve the proposed method(s) of wrecking the building place and hauling off all debris as RACM.
• Excludes basement demolition or removal
• Excludes protection around basement after demolition
• Excludes basement backfill
• Excludes dewatering of basement after demobilization/demolition • Excludes security while not onsite or after hours
• Excludes any disposal/trucking fees of any kind
• Assumes additional or change order work will be charged using AIS prevailing wage rate sheet rates • All scope, conditions, and exclusions of this proposal to become part of the awarded contract. • Price is based on standard working hours for (8) hour shifts Monday – Friday and excludes holidays. • Personal and Perimeter air monitoring is included for the duration of demolition work. • This proposal is for the Emergency Demolition of an at-risk structure. • Excludes basement wall investigation, shoring, backfill and compaction, street protection, structural engineering for items to remain.

AIS appreciates the opportunity to submit this proposal. Should you have any questions or need additional information, please contact me at 831-902-9513.

Sincerely,
Edwin Sargenti
(831) 902-9513
Project Manager
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-1

CONSTRUCTION CONTRACT
THIS CONTRACT made on________________ by and between the City of Marysville (“City”), and JM Environmental Inc., hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

1. THE CONTRACT DOCUMENTS:

The complete Contract consists of the following documents (“Contract Documents”):
• This Construction Contract
• Payment Bond to accompany Contract
• Performance Bond to accompany Contract
• Contractor’s Certification Regarding Workers’ Compensation to accompany Contract
• Invitation to Bid (Part 1)
• Addenda No. 1, as issued 07/25/24
• Accepted Bid 07/25/24 (all accompanying documents including Designation of Subcontractor)
• Bid for revised scope of Alternate Bid Schedule A - Abatement With Demolition without haul off and tarping material in place Dated 11/19/24 • General Conditions (See Part 3)
• Supplemental Conditions (Special Provisions) (See Part 4) • Drawings
• Technical Specifications (See Part 5)
• City of Marysville Standard Details 2024
• State of California Department of Transportation (Caltrans) Standard Specifications 2023
• Contract Change Orders issued during construction

2. THE WORK:

The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT “Project” as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City, or its representatives. The City hereby designates as its representative for the purpose of this Contract the following named person: City Manager.

3. CONTRACT PRICE:

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of seven hundred, seventy nine thousand, ($779,000) for the Project subject to additions and deductions as provided in the Contract Documents.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-2

4. COMPLETION DATE:

The Project shall be commenced on the date specified in the Notice to Proceed. The total project will be completed within Sixty (60) [Calendar] days, as defined in the General Conditions, after the date stated in the Notice to Proceed.

5. NOTICE AND SERVICE THEREOF:

Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof to the City Manager, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the City at:

Jim Schaad, City Manager
City of Marysville
526 C Street
Marysville, CA 95901
(b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the Contractor at:

Business
Attention
Street Address
City, State, Zip Code
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

6. LIQUIDATED DAMAGES:

Liquidated damages as provided for in the General Conditions of the Contract shall be in the sum of Five Hundred Dollars ($500.00) for each and every day as defined therein for each different scope of work as defined by the Base Bid and each change order except as otherwise specified in the Supplemental Conditions.

7. PREVAILING WAGE:

Copies of the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations in accordance with Labor Code section 1773.2 are on file at the City, and copies are available for inspection at that office to any interested party on request.

Bidders shall be responsible for verifying with the Director of the Department of Industrial Relations that all such copies of the prevailing rate provided by the City are current and Hotel Marysville Emergency Abatement and Demolition Project Page | 2-3 accurate. The requirement to pay the wage rate so specified is further detailed in the General Conditions.

8. CONTRACTOR REGISTRATION
By the execution of this Contract, Contractor hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (Contractor registration).

IN WITNESS WHEREOF, four (4) identical counterparts of this Contract, each of which shall for all purposes be deemed an original, have been duly executed by the above-named parties, on the date noted on the first page of this Contract.

Date Contractor
Date Jim Schaad, City Manager
City of Marysville
Approved as to form:

Brant Bordsen, City Attorney
Attest:

Nadine Sims, City Clerk
November 20, 2024
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-4

PERFORMANCE BOND
The CITY OF MARYSVILLE, hereinafter “City,” entered into a Contract dated _________________, 20___ with ________________ hereinafter “Contractor,” for the work described as follows:

HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

NOW, THEREFORE, we, _______________, the undersigned Contractor, as Principal, and _______________ (corporate surety), a corporation organized and existing under the laws of the State of ________________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of [WRITTEN NUMBER] [(NUMBER)], lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and Acceptance of said work, during which time if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of Acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the Court.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-5 IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______________ day of _______________________, 20___.
(Contractor as Principal)
(Seal) By
(Seal) By
NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-6

PAYMENT BOND
The CITY OF MARYSVILLE, hereinafter “City,” has awarded to _______________, hereinafter “Contractor,” a Contract for the work described as follows:

HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, _______________, the undersigned Contractor, as Principal, and _______________, a corporation organized and existing under the laws of the State of _______________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the _______________ in the sum of [seven hundred seventy nine thousand] [($779,000)], said sum being not less than one hundred (100) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or Subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys’ fees to the prevailing party to be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the City and original Contractor or on the party of the obligee named in such bond, but the sole Hotel Marysville Emergency Abatement and Demolition Project Page | 2-7 conditions of recovery shall be that claimant is a person described in Section 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _________ day of ___________________________, 20___.
(Contractor as Principal)
(Seal) By
(Seal) By
NOTE: If Contractor is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-8 CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION TO: Jim Schaad, City Manager
City of Marysville
526 C Street
Marysville, CA 95901
I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Contractor)
By
(Business Address)
(Place of Residence)
Hotel Marysville Emergency Demolition Project
PART 2 GENERAL CONDITIONS
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-1 PART 3: GENERAL CONDITIONS
SECTION 1

DEFINITIONS AND TERMS

1.01. GENERAL
Wherever the following abbreviations and terms, or pronouns in place of them, are used in these Conditions and other Contract Documents of which these Conditions are a part, the intent and meaning shall be interpreted as provided below.

1.02. ABBREVIATIONS
The following abbreviations may be used in the Contract Documents:

AA Aluminum Association
AASHTO American Association of State Highway/Transportation Officials ABMA American Boiler Manufacturer’s Association
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers Association
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer’s Association
AI The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.

APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
ARA American Railway Association
AREA American Railway Engineering Association
ASCE American Society Civil Engineers
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gage
AWPA American Wood Preservers’ Association
AWS American Welding Society
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
CCMTC California Concrete Masonry Technical Committee
CRSI Concrete Reinforcement Steel Institute
ETL Electrical Testing Laboratory
FS Federal Specification
ICBO International Conference of Building Officials
IEEE The Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
JICS Joint Industry Conference Standards
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-2 MBMA Metal Building Manufacturer’s Association
MSS Manufacturers Standardization Society of the Valve and Fitting Industry Standards
NBFU National Board of Fire Underwriters
NBS National Building Standards
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Act of 1970
PCA Portland Cement Association
SMACNA Sheet Metal and Air Conditioning Contractor’s National Association SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code
UL Underwriter’s Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
USAS The United States of America Standard Institute
USBR United States Bureau of Reclamation
USPHS United States Public Health Service
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California

1.03. DEFINITIONS
The intent and meaning of the following, wherever they appear in the Contract Documents, shall be interpreted as follows:

Acceptance - The formal Acceptance by the Engineer of the entire Contract, which has been completed in all respects in accordance with the Specifications and any, approved modifications.

Addenda - Any written change, clarification or supplement to documents issued for bidding, issued by the City or its Engineer prior to bid.

As Approved - The words “as approved”, unless otherwise qualified, shall be understood to be followed by the words “by the Engineer”.

As Shown, and As Indicated - The words “as shown” and “as indicated” shall be understood to be followed by the words “on the Plans”.

Award - The decision of the City Council to accept the proposal of the lowest responsible Bidder for the Work, subject to the execution and approval of a satisfactory contract therefore and bond to secure the performance thereof and to such other conditions as may be specified or required by law.

Bid - The offer of the Bidder for the Work when made out and submitted on the prescribed Bid form, properly signed and guaranteed. A Bid is also known as a Proposal.

Bid Security - The cash, cashier’s check, certified check, or bidder’s bond accompanying the Bid submitted by the bidder, as a guarantee that the Bidder will enter into a Contract with the City for the performance of Work herein described.

Bidder - Any individual, firm, partnership or corporation submitting a Bid for the Work contemplated, and acting directly or through a duly authorized representative.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-3 Bureau - United States Bureau of Reclamation.

Calendar Day - Each day shown on the calendar.

Change Order - Written order issued by the Engineer to the Contractor covering changes in the Contract and establishing the bases of compensation and time adjustments for work affected by the changes.

City - The City of Marysville, also referred to as the Owner.

City Council or Council - The City Council of the City of Marysville.

City Standard Details - The standard details contained in the City Standard Specifications as modified.

City Standard Specifications - 2000 edition of the City of Marysville Standard Details as amended to date of Bid submittal.

Claim - A separate demand by the Contractor for (i) a time extension, (ii) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (iii) an amount the payment of which is disputed by the City.

Contract - The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Contract shall include all Contract Documents and supplemental agreements amending or extending the work contemplated which may be required to complete the Work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include Addenda and change orders.

Contract Documents - Contract Documents is the collective term for all of the following documents and any other document incorporated therein by reference: Invitation to Bid, Accepted Bid (and all accompanying documents), Designation of Subcontractors, Construction Contract, Payment Bond to Accompany Contract, Performance Bond to Accompany Contract, General Conditions, Supplementary and Special Conditions, (if any), Drawings (and Specifications), Addenda, Change Orders, City of Marysville Standard Specifications, State of California Department of Transportation (Caltrans) Standard Specifications 2015, Contractor’s Certification Regarding Workers’ Compensation.

Contractor - The person or persons, firm, partnership or corporation or other entity who has entered into the Contract with the City to perform the Work.

County - County of Yuba, California.

Date of Completion - Date of filing of the Notice of Completion with the Yuba County ClerkRecorder’s Office.

Date of Execution of the Contract - The date on which the Contract is signed by the City’s authorized representative.

Datum - The Figures given in the Specifications or upon the drawings after the word “Elevation” or an abbreviation of it, shall mean U.S.G.S. datum, unless otherwise noted.

Days - Unless otherwise designated, days as used in the Contract Documents shall mean calendar days.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-4 Elevation - The figures given on the Plans or in the other Contract Documents after the word “elevation” or abbreviation of it shall mean the distance in feet above the standard datum used by the City.

Engineer - The City Engineer, or the person designated by the City as its engineering representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Extra Work - Work other than that required either expressly or implied by the Contract in its executed form.

Notice of Completion - notice of completion is the recorded project completion document filed with the Yuba County Clerk.

Or Equal - The term “or equal” shall be understood to indicate that the “equal” product be the equivalent or better than the product named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer.

Plans or Specification Drawings - The term “Plans” or “Specification Drawings” refers to the official plans, profiles, cross sections, elevations, details, and other Working Drawings and supplementary drawings, or reproductions thereof, signed by the Engineer, which show the location, character, dimensions, and details of the work to be performed. Plans may either be bound in the same book as the balance of the Contract Documents or bound in separate sets.

Regardless of the method of binding, Plans shall be part of the Contract Documents.

Plant - All physical, resources, facilities, machinery, equipment, staging, tools, work and storage space other than provided by the Contract, together with subsidiary essentials and necessary maintenance for proper construction and acceptable completion of the project.

Project - The entire Work to be completed under the Contract.

Project Manager - The person designated by the City as its project management representative during the course of construction, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. The Project Manager will be the City Engineer unless the City designates a separate Project Manager.

When a Project Manager is used for a project, the Project Manager has full authority to act as the City Engineer unless the designation specifically states otherwise.

Shop Drawings - Drawings prepared by the fabricator or supplier showing the layout and details of components fabricated in a shop for inclusion in the permanent facility (e.g., structural steel, reinforcing steel, railings).

Site - The area upon or in which the Contractor’s operations are carried on and such other areas adjacent thereto as may be designated by the Engineer.

Specifications - The term “specifications” refers to the terms, provisions, and requirements contained herein. Where reference specifications, such as those of “ASTM”, “AASHTO”, etc. have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents.

State - State of California.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-5 State Standard Specifications - Standard Specifications issued by the State of California Department of Transportation, dated 2018, and as amended Bid in the supplemental conditions.

Subcontractor - The term “Subcontractor”, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked and would be considered a supplier only.

Supplementary & Special Conditions Provisions - Additions, revisions, special directions, and requirements peculiar to a project and not otherwise thoroughly set forth in General and/or Specifications.

Time Limits - All time limits stated in the Contract Documents are of the essence of the Contract.

Work - All the work specified, indicated, shown or contemplated in the Contract Documents to construct the improvements, including all alterations, amendments or extensions thereto made by Change Order or other written orders of the Engineer.

Working Days - A Working day is defined as any day, except Saturdays, Sundays and legal holidays of the City.

Working Drawings - Drawings furnished by the Contractor showing the layout and details of temporary construction procedures and methods of construction, and data for construction equipment which are to be employed in the construction of the permanent facility (e.g., form drawings, erection drawings, load test pile procedures, pile hammer data, etc.).

Written Notice - “Written Notice” shall be deemed to have been duly served when delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by certified U.S. mail to the last business address known to the party who gives the notice as specified in the Contract.

Whenever in the Specifications or upon the drawings the words “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Engineer is intended, and similarly the words “approved”, “acceptable”, “satisfactory”, or words of like import, shall mean approved or acceptable to, or satisfactory to the Engineer, unless otherwise expressly stated.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-6 SECTION 2

SCOPE OF WORK

2.01. INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents is to prescribe the details for the construction and completion of the Work, which the Contractor undertakes to perform in accordance with the terms of the Contract. These General Conditions are meant to replace Division I of the State Standard Specifications for all City public works contracts which incorporate these General Conditions by reference.

Where the Specifications and Plans describe portions of the Work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the Work involved in performing the Contract in a satisfactory and workmanlike manner.

The technical provisions are presented in sections for convenience. However, this presentation does not necessarily delineate trades or limits of responsibility. All sections of the Specifications and Plans are interdependent and applicable to the Project as a whole.

The Contract Documents are complementary, and what is called for in any one shall be as binding as if called for in all. Anything shown on the Drawings and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Drawings shall have the same effect as if shown or mentioned respectively in both. Any work shown on one Drawing shall be construed to be shown in all Drawings and the Contractor will coordinate the Work and the Drawings.

If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: Change Orders; Addenda; Shop Drawings, Drawings, Supplementary and Special Conditions; Designation of Subcontractors; Construction Contract; General Conditions; City of Marysville Standard Specifications; State of California Department of Transportation (Caltrans) Standard Specifications 2018.

Detail Drawings take precedence over General Drawings. As between schedules and other information given on Drawings, the Schedules shall govern. If an item is shown on any Drawing and not specifically included in Technical Specifications specific to this project, the Drawing shall govern. Any conflict or inconsistency between or in the drawings shall be submitted to the Engineer for clarification as soon as the Contractor becomes aware of such inconsistency.

2.02. CONTRACTOR’S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained herein.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-7

2.03. CHANGES IN THE WORK
(a) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to:
(1) In the Specifications or Plans;
(2) In the sequence, method or manner of performance of the Work; (3) In the owner-furnished facilities, equipment, materials, services or site; and (4) Directing acceleration of the Work.
(b) If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly.
(1) Change Orders
A change pursuant to this section will be in the form of a Change Order, which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work.

Upon receipt of a Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Change Order. A Change Order executed by the Contractor and approved by the Engineer is an executed Change Order as that term is used throughout this section.
(2) Change Order Protests
A Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) days after the receipt of such Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved.

If a written protest is not submitted, payment will be made as set forth in the Change Order. Such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested Change Orders shall be considered as executed Change Orders.

Where the protest concerning a Change Order relates to compensation, the compensation payable for all work specified or required by said Change Order to which such protest relates will be determined in the same manner as provided in Section 2.04 of this section. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Change Order relates to the adjustment of time and for completion of the Work, the time to be allowed therefor will be determined as provided in this section.

The consent of the Contractor’s sureties shall not be required as to any change or Extra Work, and the liability of the Contractor’s Bonds shall be increased or decreased accordingly without notice to the sureties.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-8

2.04. PROCEDURES AND ALLOWABLE COSTS ON CHANGES AND ADDITIONS TO WORK
(a) Forms of Payment
If the change in, or addition to, the Work will result in an increase in the contract sum, the City shall have the right to require the performance thereof. The compensation to be paid for any such work shall, in the City’s sole discretion, be determined in one or more of the following ways:
(1) By extension of agreed unit prices, if unit prices are required by the City’s Bid form and provided with Contractor ‘s bid;
(2) By revision of unit prices;
(3) By proposal and Acceptance of an agreed upon lump sum; and (4) On a force account basis.

Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work.
(b) Lump Sum Payment
The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City’s request therefor.

Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis. Costs of preparing the proposal shall not be compensable.
(1) Contents of Lump Sum Proposal
(2) The Contractor’s proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors, which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor’s estimate of the time required to perform said changes or additional work. (3) Computation of Labor Costs
The portion of the proposal relating to labor, whether by the Contractor’s forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work.

These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics.

Labor costs may also include Contractor’s overhead and profit which shall be computed by adding to the labor costs either up to fifteen percent (15%) of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in Hotel Marysville Emergency Abatement and Demolition Project Page | 2-9 effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City.

The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined above. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer.
(4) Computation of Equipment and Materials Costs
The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen percent (15%) of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools).

This portion of the proposal may further include the Contractor’s and any of its Subcontractors’ reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the latest edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of five hundred dollars ($500.00) or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. (5) Subcontractors
The lump sum proposal may include up to five percent (5%) of the amount, which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor.
(6) Failure to Submit Lump Sum Proposal
In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor.
(7) Failure to Agree on Lump Sum Amount
In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor’s proposal and the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor’s submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct the Contractor in writing to perform the change in the Work, which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of performing the Hotel Marysville Emergency Abatement and Demolition Project Page | 2-10 change in the Work and/or any pending protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously.
(c) Payment by Unit Prices
If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. (d) Payment on a Force Account Basis
If the City elects to have the change or addition to the Work performed on a force account basis, the Work shall be performed, whether by the Contractor’s forces or the forces of any of its Subcontractors or Sub-Subcontractors, and payment shall be made subject to the following provision. The Contractor will be paid the direct costs of the labor, equipment and materials used in performing the force account work determined as hereinafter provided. (1) For labor, the Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer or Project Manager) used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor or any or any Subcontractor of any tier, shall be actual wages, including basic hourly wage, health and welfare payments and pension payments incurred in performing the force account work, plus any travel and subsistence payments for the workers performing such work and made necessary thereby. To the actual wages shall be added a labor surcharge as set forth in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, as in effect on the date the work is performed. The labor surcharge shall be deemed to encompass the City’s entire liability to reimburse the Contractor for workers compensation insurance payments, social security payments, Medicare payments, federal unemployment insurance payments, state unemployment insurance payments and state training taxes, made necessary by the force account work.
(2) For equipment, the Contractor will be paid for the use of equipment at the rental rates listed for that equipment in the State Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date the work is performed, regardless of ownership or any rental agreement entered into by Contractor for such equipment. The rental rate paid in accord with said publication shall be deemed to include the cost of fuel, oil, lubrication, supplies, small tools, attachments, repairs and maintenance, depreciation, storage and insurance for said equipment. Rental time will not be paid when equipment is inoperable due to breakdowns, repairs or maintenance. Payment for loading, transporting and unloading time will be in accordance with the State Standard Specifications applicable to loading, transporting and unloading equipment for force account work, as applicable as of the date the equipment is loaded, transported or unloaded. (3) For materials used in the work, the City will pay for materials furnished by the Contractor and necessarily used in the force account work. Prior to markups as set forth below, the amount paid shall be the price paid by the actual purchaser to the actual supplier plus any necessary actual costs of handling the materials.

Contractor may add fifteen percent (15%) to the total labor, equipment and material charges as the total overhead and profit to the entity or entities actually performing the force account work. If the entity or entities actually performing the work are Subcontractors or Sub-Subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the Hotel Marysville Emergency Abatement and Demolition Project Page | 2-11 performing entity or entities (including mark- up) as Contractor’s mark-up. No other mark-ups shall be allowed hereunder.

The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), hours expended, the material used, the equipment rented (not tools) and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work. (e) Limitations on Changes
The Contractor shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so-called “impact” costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this section, and which the Contractor, its Subcontractors and Sub-Subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section. It is understood and agreed that the Contractor’s sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents.

It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted.

The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section 3.20 to audit Contractor’s as-Bid profit in connection with any deductive change, to arrive at a final adjustment. Contractor’s as-Bid profit shall be reduced pro rata according to the proportion of the original contract value less as-Bid profit, represented by the work deleted.

The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work.

2.05. UNILATERAL CHANGE IN OR ADDITION TO THE WORK
Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section 2.04.

2.06. DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-12 (a) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25110.02 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or (b) Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or
(c) Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste, or do materially differ and cause an decrease or increase in the Contractor’s cost or time of performance, the Engineer will issue a change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section 2.04 for adjustments as to extra and/or additional work and changes. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply.

2.07. CLAIMS FOR EXTRA COSTS
(a) Notice of Potential Claims
(1) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified.

Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section 2.03.

The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim. (b) Construction Dispute
(1) The Contractor may submit a dispute to the Engineer concerning any matter for which a protest under Section 2.03, or a notice of potential claim, is filed. Such disputes, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of said protest or notice, unless, due to the nature of the dispute or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the claim within such period. In such cases, disputes shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all disputes shall be filed on or before the date of the final release by the Contractor as provided for in Section 7.09. (2) All disputes shall be in writing and shall set forth clearly and in detail, for each item of additional compensation requested, the reasons for the dispute, reference to Hotel Marysville Emergency Abatement and Demolition Project Page | 2-13 applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the dispute. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. The Engineer shall provide a written decision to the dispute or potential claim as soon as practicable but not later than 30 days following receipt thereof.
(c) Resolution of Construction Claims
(1) To the extent that the Contractor disputes the Engineer’s Written Decision issued pursuant to Section 4.07(b)(2), or to the extent the Engineer fails to issue a timely written decision, the Contractor may file a written claim, as defined by Public Contract Code section 9204(c)(1), with the City including reasonable documentation to support the claim. Upon receipt of the claim, the City shall conduct a reasonable review of the claim, and within a period not to exceed 45 days, the City shall provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. The time in which the City must provide a written statement may be extended by mutual agreement of the parties as specified by Public Contract Code section 9204(d)(1)(C). The City shall pay any undisputed portion of the claim within 60 days after issuance of its written statement. (2) Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code section 12650, et. seq., the undersigned, (Name)
(Title
(Company
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated:
/s/
Subscribed and sworn before me this _____ day
of
Notary Public
My commission expires
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-14 Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of any independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. (3) Meet And Confer Regarding Unresolved Claims. If the Contractor disputes the City’s written statement issued pursuant to Section 4.07(c)(1) or if the City fails to issue a timely written response, the Contractor may 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, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. Within 10 business days following the conclusion of the meet and confer conference, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. The City shall pay any undisputed portion of the claim within 60 days after it issues its written statement. (4) Mediation. If the Contractor disputes, in writing, any portion of the City’s written statement as issued under Section 4.07(c)(3), the disputed items shall be submitted to nonbinding mediation according to the provisions of Public Contract Code section 9204(d)(2), and any costs of mediation shall be allocated as set forth in that section. Upon receipt of a claim, the City and the Contractor may agree to waive, in writing, mediation. (5) Failure to Respond or Pay. If the City fails to timely respond to a claim from the Contractor or otherwise fails to meet the time requirements of Public Contract Code section 9204, the claim shall be deemed rejected in its entirety. Additionally, amounts not timely paid in the manner required by Public Contract Code section 9204 shall bear interest at 7 percent per annum.
(6) Subcontractor Claims. If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of the Subcontractor or lower tier Subcontractor pursuant to Public Contract Code section 9204(d)(5).

2.08. CIVIL ACTION PROCEDURES
(a) Alternative Dispute Resolution of Claims of $375,000.00 or Less. (1) Claims Less Than $375,000.00. Notwithstanding any other provision herein but after compliance with the provisions of Public Contract Code section 9204 as set forth in Section 4.07, claims of $375,000.00 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contract Code section 20104 et seq. “Claim” for this purpose means a separate demand by the Contractor for a time extension, payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, for which payment is expressly provided, or the Contractor is otherwise entitled to, or an amount the payment of which is disputed by the City. (2) Submission of Claims Less than $375,000.00. The Contractor shall submit its claim of $375,000.00 or less to the City in writing, within the time frames established Hotel Marysville Emergency Abatement and Demolition Project Page | 2-15 under paragraph 4.07, but no later than before the final payment is made. The City shall respond within the time provided by statute. If the Contractor disagrees with the response or the City fails to respond within the time permitted, the Contractor shall notify the City of the disagreement in writing within fifteen (15) days from the date of the response or expiration of the time permitted to respond and demand a meet-and-confer conference. The City shall schedule a meet-and-confer conference within thirty (30) days of the demand. The meet and confer conference shall be attended by senior executives of the parties who have authority to settle the controversy. If not resolved at the meet-and-confer conference, the Contractor may initiate a civil action as set forth in Public Contract Code section 20104 et seq., including but not limited to compliance with applicable Government Code provisions.
(3) Time Limits Not Extended. Nothing in subdivision (a) of Public Contract Code section 20104.2 shall extend the time limit or supersede the notice requirements provided in this Contract for filing claims by the Contractor.
(b) Alternative Dispute Resolution of Claims in Excess of $375,000.00.

As a condition precedent to the initiation of litigation, disputes in excess of a total value of $375,000.00 shall first be submitted to the claims procedures set forth in Sections 4.06 and

4.07. 2.09. GUARANTEE
(a) In addition to warranties, representations and guarantees stated elsewhere in the Contract Documents, the Contractor unconditionally guarantees all materials and workmanship furnished hereunder, and agrees to replace the same at its sole cost and expense, and to the satisfaction of the Engineer, any and all materials which may be defective or improperly installed.
(b) The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any other work, which may be damaged or displaced in so doing. (c) In the event of failure to comply with the above stated conditions within a reasonable time, the City is authorized to have the defect repaired and made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand, including any reasonable management and administrative costs, and engineering, legal and other consultant fees incurred to enforce this section. (d) The signing of the Contract by the Contractor shall constitute execution of the above guarantees. Except as otherwise provided in this Contract, the guarantees and warranties shall remain in effect for a period of one (1) year after final Acceptance of the Work by the City.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-16 SECTION 3

CONTROL OF WORK

3.01. AUTHORITY OF ENGINEER
(a) The Engineer is the representative of the City and has full authority to interpret the Contract Documents, to conduct the construction review and inspection of the Contractor’s performance, and to decide questions, which arise during the course of the Work and the Engineer’s decisions on these matters, shall be final and conclusive. The Engineer has the authority to reject all work and materials, which do not conform to the Contract Documents, and has the authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Engineer’s failure to stop the Work shall not obligate the City to accept defective or otherwise unacceptable work or otherwise affect the Engineer’s or City’s authority to reject work for any reason set forth in the Contract Documents. (b) If at any time the Contractor’s work force, tools, plant or equipment appear to the Engineer to be insufficient or inappropriate to secure the required quality of work or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, improve their character, to augment their number or to substitute other personnel, new or additional tools, plant or equipment, as the case may be, and the Contractor shall comply with such order.

Neither the failure of the Engineer to demand such increase of efficiency, number, or improvement, nor the compliance by the Contractor with the demand, shall relieve the Contractor of its obligation to provide quality work at the rate of progress necessary to complete the Work within the specified time.
(c) The Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time. These may be accomplished by a Field Order. Contractor shall comply promptly with all Field Orders. If the Engineer and Contractor are unable to agree on entitlement or on the amount or extent, if any, of any adjustment in the Contract Price or Contract time, or cost, as a result of a Field Order, a claim may be made therefor pursuant to Section 2.07. (d) Any order given by the Engineer, not otherwise required by the Contract Documents to be in writing shall, on request of the Contractor, be given or confirmed by the Engineer in writing.
(e) Whenever work, methods of procedure, or any other matters are made subject to direction or approval, such direction or approval will be given by the Engineer.

3.02. DRAWINGS
(a) Drawings furnished herewith are for bidding purposes. The Engineer will furnish the Contractor, free of charge, copies of full size Drawings which are reasonably necessary for the execution of the Work. The Contractor shall have no claim for excusable delay on account of the failure of the Engineer to deliver such Drawings, unless the Engineer shall have failed to deliver the same within two weeks after receipt of written demand therefore from the Contractor.

The Contractor shall keep one copy of said Drawings, in good order, available to the Engineer and the Engineer’s representatives, and convenient to the working site. (b) If the Contractor, in the course of the Work, finds any discrepancy between the Drawings and the physical condition of the locality, or any errors or omissions in the Drawings, or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer in writing, and the Engineer will promptly verify the same.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-17 Any work done after such discovery, until authorized, will be done at the Contractor’s risk. All Drawings, Specifications, and copies thereof furnished by the Engineer are the property of the Engineer and shall not be reused on other work and, with the exception of the signed Contract sets, are to be returned to the Engineer, on request, at the completion of the Work. All models are the property of the City.
(c) The Drawings shall be supplemented by such Shop Drawings prepared by the fabricator and/or supplier and Working Drawings prepared by the Contractor as are necessary to adequately control the Work. No changes shall be made by the Contractor in any Shop or Working Drawings after they have been reviewed by the Engineer, if the Engineer deems that no further submittals are necessary. The Contractor shall not commence the layout, purchase, fabrication, or construction of any work for which Shop or Working Drawings are required until Engineer has reviewed the specifications and drawings and has indicated in writing no further submittals are required for compliance with the Contract Documents. (d) Shop and Working Drawings for any structure shall include, but not be limited to, detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc., which shall be reviewed and accepted by the Engineer before any such work is performed.
(e) Shop and Working Drawings will be required for cribs, cofferdams, falsework, centering and form work and for other temporary work and methods of construction the Contractor proposes to use. Such Drawings shall be subject to the review and Acceptance of the Engineer insofar as the details affect the character of the finished work, but details of design will be left to the Contractor who shall be responsible for the successful construction of the Work.
(f) Contractor agrees that Shop and/or Working Drawings processed by the Engineer are not Change Orders; that the purpose of these Drawings submitted by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that the Contractor demonstrates its understanding by indicating which equipment and material the Contractor intends to furnish and by detailing the fabrication methods it intends to use. It is expressly understood, however, that favorable review of the Contractor’s Shop and Working Drawings shall not relieve the Contractor of any responsibility for accuracy of dimensions and details, or for mutual agreements of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of its Drawings with the Specifications. Contractor further agrees that if deviations, discrepancies or conflicts between Shop and/or Working Drawings and Specifications are discovered either prior to or after the Drawings are processed by the Engineer, the Specifications shall control and shall be followed.
(g) Unless otherwise stated, the Engineer shall have thirty (30) days from the date of receipt of Shop and/or Working Drawings for review.
(h) Full compensation for furnishing all Shop and/or Working Drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefore. Any cost related to the Engineer’s review of any particular set of Shop and/or Working Drawings more than twice, due to incompleteness or unacceptability, shall be borne by the Contractor, and the City reserves the right to withhold such costs from payments due the Contractor. (i) All reasonable effort has been made to locate and delineate all known structures and facilities on the plans. Except as otherwise provided herein, the City of Marysville shall assume no responsibility for the completeness or accuracy of its delineation of underground Hotel Marysville Emergency Abatement and Demolition Project Page | 2-18 utilities nor the existence of other buried objects which may be encountered, or which are not shown on the plans.
(j) The Contractor shall keep and maintain a clean set of plans for the project and shall record in red ink all changes, revisions, etc. made during the course of construction. These plans shall include all changes, revisions, etc. from the original plan complete with the exact sizes, locations, dimensions, elevations, etc. These plans shall be kept and maintained in a neat, clean and legible condition and shall be available for inspection at all times by the Engineer. The Contractor shall deliver these completed plans to the Engineer and the Engineer shall approve these plans prior to final Acceptance of the project by the City.

3.03. CONSTRUCTION STAKING AND SURVEYS
The City will provide one set of construction stakes and benchmarks as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract. The Contractor shall notify the Engineer a minimum of seven (7) days in advance of the time work is to begin on any portion of the project that may require construction staking to be provided by the City. The Contractor shall make all other surveys necessary for the completion of the Work.

Alternatively, the Engineer may provide the Contractor with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the site work specified in the Contract Documents. The Contractor shall make or furnish all surveys and set all construction stakes necessary for the completion of the work.

Stakes and marks set by the City or Engineer shall be carefully preserved by the Contractor. The Contractor shall be charged for the cost of replacing or restoring the stakes and marks, which are destroyed or damaged by Contractor’s operation. This charge will be deducted from any monies due or to become due to the Contractor under the Contract.

3.04. PERMITS AND REGULATIONS
Permits and licenses, of a temporary nature, necessary for the prosecution of the Work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified.

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as shown on the plans and described in the Specifications. Contractor shall promptly notify the Engineer in writing of any specification at variance therewith. In such instances, any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, Contractor shall bear all costs arising therefrom.

3.05. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the Work or materials deviate from the Contract Documents. The Engineer’s decision as to any allowable deviations therefrom shall be final and conclusive.

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3.06. COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS (a) Should it appear that the Work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Specifications and Plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Specifications and Plans, reference shall be made to the Engineer, whose decision thereon shall be final and conclusive.
(b) Any reference made in the Specifications and Plans to any specification, standard, method, or publication of any scientific or technical society or other organization shall, in the absence of a specific designation to the contrary, be understood to refer to the specification, standard, method, or publication in effect as of the date that the Work is advertised for Bids.

3.07. SUBCONTRACTORS
(a) The attention of the Contractor is directed to the provisions of California Public Contract Code sections 4100-4113 regarding subcontracting and said provisions are by this reference incorporated herein and made a part hereof.
(b) Each subcontract shall contain a suitable provision for the suspension or termination thereof should the Work be suspended or terminated or should the Subcontractor neglect or fail to conform to every provision of the Contract Documents insofar as such provisions are relevant. The Contractor shall be fully responsible to the City for the acts or omissions of the Contractor’s Subcontractors and of the persons either directly or indirectly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the City. If a legal action, including arbitration and litigation, against the City is initiated by a Subcontractor or Supplier, the Contractor shall reimburse the City for the amount of legal, engineering and all other expenses incurred by the City in defending itself in said action. (c) The City and the Engineer reserve the right to approve all Subcontractors.

Such approval shall be a consideration to the awarding of the Contract and unless notification to the contrary is given to the Contractor prior to the signing of the Contract, the list of Subcontractors which is submitted with the Contractor’s proposal will be deemed to be acceptable. Contractor shall not, without the written consent of the City, subcontract the whole of the Work.

3.08. COOPERATION OF CONTRACTORS
(a) Should construction be under way by other forces or by other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserve d to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. (b) When two or more contractors are employed on related or adjacent work, each shall conduct its operation in such a manner as not to cause any unnecessary delay or hindrance to the other. Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

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3.09. SUPERINTENDENCE
(a) The Contractor shall designate in writing, before starting work, an individual as authorized representative who shall have the authority to represent and act for the Contractor.

This authorized representative shall be present at the Site of the Work at all times while work is actually in progress on the Contract. When the Work is not in progress and during periods when the Work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work, which may be required.
(b) The Contractor is solely responsible, at all times, for the superintendence of the Work and for its safety and progress.
(c) Whenever the Contractor or its authorized representative is not present on any particular part of the Work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. (d) Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.

3.10. INSPECTION OF WORK
(a) Unless otherwise provided, all equipment, materials, and work shall be subject to inspection and testing by the Engineer. The Engineer will observe the progress and quality of the Work and determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Engineer shall not be required to make comprehensive or continuous inspections to check the quality of the Work. The Engineer shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. Visits and observations made by the Engineer shall not relieve the Contractor of Contractor’s obligation to conduct comprehensive inspections of the Work and to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
(b) Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer shall be subject to rejection. Proper facilities for safe access for inspection to all parts of the Work shall at all times be maintained for the necessary use of the Engineer and other agents of the City, and agents of the federal, state, or local governments at all reasonable hours for inspection by such agencies to ascertain compliance with laws and regulations.
(c) One or more inspectors may be assigned to observe the Work by the Engineer and to act in matters of construction under this Contract. It is understood that inspectors shall have the power to issue instructions and make decisions within the limitations of the authority of the Engineer. Such inspection shall not relieve the Contractor of the Contractor’s obligation to conduct comprehensive inspections of the Work, to furnish proper materials, labor, equipment and tools, and perform acceptable work, and to provide adequate safety precautions in conformance with the intent of the Contract.
(d) The Engineer and the Engineer’s representatives shall at all times have access to the Work wherever it is in preparation or progress, and the Contractor shall provide safe and convenient facilities for such access and for inspection. If the Specifications, the Engineer’s instructions, laws, ordinances, or any public authority require any material, equipment or work to be specifically tested or approved, the Contractor shall give the Engineer timely notice of its Hotel Marysville Emergency Abatement and Demolition Project Page | 2-21 readiness for inspection, and if the inspection is by an authority other than the City, of the time fixed for inspection. Inspections by the Engineer will be made promptly and, where practicable, at the source of supply.
(e) Work performed without inspection may be required to be removed and replaced under proper inspection. In such instances, the entire cost of removal and replacing, including the cost of City-furnished materials used in the Work, shall be borne by the Contractor, regardless of whether or not the Work exposed is found to be defective. Examination of questioned work, other than that installed without inspection, may be ordered by the Engineer and, if so ordered, the Work must be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay the cost of re-examination and replacement. If such work is found to be not in accordance with the Contract Documents, the Contractor shall pay such cost, unless the Contractor can show that the defect in the Work was caused by another Contractor , and in that event the City will pay such costs. (f) The inspection of the Work shall not relieve the Contractor of the Contractor’s obligation to fulfill the Contract as herein prescribed, or in any way alter the standard of performance provided by the Contractor, and defective work shall be made good and unusable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the Work or any part thereof shall be found defective, the Contractor shall, within ten (10) calendar days, make good such defect in a manner satisfactory to the Engineer. If the Contractor fails to make ordered repairs of defective work or to remove the condemned materials from the Work within ten (10) calendar days after written direction by the Engineer, the City may make the ordered repairs, or remove the condemned materials, and deduct the cost thereof from any monies due the Contractor.
(g) The Contractor shall furnish promptly, without additional charge, all facilities, labor and materials reasonably needed by the Engineer for performing all inspection and tests.

Contractor shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the Contractor for its inspection. (h) Where any part of the Work is being done under an encroachment permit or building permit, or is subject to federal, state, county or city codes, laws, ordinances, rules or regulations, representatives of the government agency shall have full access to the Work and shall be allowed to make any inspection or tests in accordance with such permits, codes, laws, ordinances, rules, or regulations. If advance notice of the readiness of the Work for inspection by the governing agency is required, the Contractor shall furnish such notice to the appropriate agency.
(i) The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or the Engineer’s authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials.

Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.

3.11. TESTS
The Contractor shall perform, at the Contractor’s own expense, all tests specified or required by the Specifications. The Engineer may perform such tests as the Engineer deems necessary to determine the quality of work or compliance with Contract Documents. The Contractor shall furnish promptly without additional charge all facilities, labor, and material Hotel Marysville Emergency Abatement and Demolition Project Page | 2-22 reasonably required for performing safe and convenient tests as may be required by the Engineer. All tests by the Engineer will be performed in such a manner as will not unnecessarily delay the Work. The Contractor shall not be required to reimburse the City for tests performed by the City or Engineer. If samples of materials are submitted which fail to pass the specified tests, the Contractor shall pay for all subsequent tests.

3.12. REMOVAL OF REJECTED AND UNAUTHORIZED WORK AND MATERIALS (a) All work or materials, which have been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation shall be allowed the Contractor for such removal, replacement, or remedial work. (b) Any work done beyond the lines and grades shown on the plans or established by the Engineer or any Extra Work done without written authority will be considered as unauthorized work and will not be paid for. Upon order of the Engineer, unauthorized work shall be remedied, removed, or replaced at the Contractor’s expense. (c) Upon failure of the Contractor to comply with any order of the Engineer made under this section, the City may cause rejected or unauthorized work to be remedied, removed, or replaced, and may deduct the costs therefore from any monies due or to become due the Contractor.

3.13. DEDUCTIONS FOR UNCORRECTED WORK
If the Engineer deems it inexpedient to correct work damaged or not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore, and such sum may be withheld by the City from Contractor’s payment.

3.14. EQUIPMENT AND PLANTS
(a) Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the Project.
(b) Plants will be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of sufficient material to carry the Work to completion within the time limit.
(c) The Contractor shall provide adequate and suitable equipment and plants to meet the above requirements, and when ordered by the Engineer, shall remove unsuitable equipment from the Work and discontinue the operation of unsatisfactory plants. Contractor shall, upon request of the Engineer, submit one or more lists identifying, by make, model number, Contractor ‘s identification number and empty gross weight, each piece of operable equipment used for the Work. Contractor shall, upon request of the Engineer, submit documentation establishing that any measuring device used for the Work has been tested and properly approved under California Test 109.
(d) In the case of termination of this Contract before its completion for any cause whatsoever, the Contractor, if notified to do so by the City, shall promptly remove any part or all of its equipment and supplies from the property of the City. If the Contractor fails to do so, the City shall have the right to remove such equipment and supplies at the expense of the Contractor.

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3.15. CHARACTER OF WORKER
If any Subcontractor, or person employed by the Contractor or any Subcontractor fails or refuses to carry out the directions of the Engineer or appears to the Engineer to be incompetent or to act in a disorderly or improper manner, said person shall be removed from the Project immediately on the requisition of the Engineer. That person shall not again be employed on the Work. Such discharge shall not be the basis for any claim for compensation or damages against the City, or any of its officers or agents.

3.16. SEPARATE CONTRACTS
(a) The City reserves the right to let other contracts in connection with this Work.

The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate Contractor’s work with the other Contractor ‘s work. (b) If any part of the Contractor’s work depends on proper execution or results upon the Work of any other Contractor , the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. The Contractor’s failure to inspect and report shall constitute an Acceptance of the other Contractor ‘s work as fit and proper for the reception of the Contractor’s work, except as to defects which may develop in the other Contractor ‘s work after the execution of the Contractor’s work.
(c) To insure the proper execution of Contractor’s subsequent work, the Contractor shall measure work already in place and shall at once report to the Engineer any discrepancy between the executed work and the Drawings.

3.17. ASSIGNMENT
The Contractor shall not assign the Contract or sublet it as a whole or in part without the written consent of the City, nor shall the Contractor assign any monies due, or to become due to the Contractor hereafter without the prior written consent of the City.

3.18. USE OF COMPLETED PORTIONS, RIGHT TO OPERATE UNSATISFACTORY

EQUIPMENT OR FACILITIES
(a) The City may, at any time, and from time to time, during the performance of the Work, enter the Work Site for the purpose of installing any necessary work by City labor or other contracts, and for other purpose in connection with the installation of facilities. In doing so, the City shall endeavor not to interfere with the Contractor and the Contractor shall not interfere with other work being done by or on behalf of the City.
(b) If, prior to completion and final Acceptance of all the Work, the City takes possession of any structure or facility (whether completed or otherwise) comprising a portion of the Work with the intent to retain possession thereof (as distinguished from temporary possession contemplating the return to the Contractor), then, while the City is in possession of the same, the Contractor shall be relieved of liability for loss or damage to such structure other than that resulting from the Contractor’s fault or negligence. Such taking of possession by the City shall not relieve the Contractor from any provisions of this Contract regarding such structure, other than to the extent specified in the preceding sentence, nor shall such taking constitute a final Acceptance of such structure or facility. (c) If, following installation of any equipment or facilities furnished by the Contractor, defects requiring correction by the Contractor are found, the City shall have the right to operate Hotel Marysville Emergency Abatement and Demolition Project Page | 2-24 such unsatisfactory equipment or facilities and make reasonable use thereof until the equipment or facilities can be shut down for correction of defects without injury to the City.

3.19. LANDS FOR WORK, RIGHT-OF-WAY CONSTRUCTION ROADS
(a) The City will provide the lands, easements, right-of-way, and/or encroachment permits necessary or other rights to enter and work on lands necessary for the performance of the Work. Other permits and licenses are addressed by Section 3.04. Should the Contractor find it advantageous to use any additional land for any purpose whatever, the Contractor shall provide for the use of such land at its expense. The Engineer shall be furnished with a copy of written agreements or otherwise be notified in writing of additional working space which is acquired. Nothing herein contained and nothing marked on the Plans shall be interpreted as giving the Contractor exclusive occupancy of the territory provided by the City. When two or more contracts are being executed at one time on the same or adjacent land in such a manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work, and which shall continue, or whether the work on both contracts shall progress at the same time and in what manner, and the decision of the Engineer shall be final and binding. When the territory of one contract is the necessary or convenient means of access for the performance of another contract, such privilege of access or any other reasonable privilege may be granted by the Engineer to the Contractor so desiring, to the extent, amount, in the manner, and at the time permitted. No such decision as to the method or time of conducting the Work or the use of territory shall be the basis of any claim for delay or damage.
(b) Lands, easements or rights-of-way to be furnished by the City for construction operations will be specifically shown on the Plans.
(c) The Contractor shall construct and maintain all roads necessary to reach the various parts of the Work and for the transportation thereto of construction material and personnel. The cost of constructing and maintaining such roads shall be borne by the Contractor.

3.20. CITY’S RIGHT TO AUDIT AND PRESERVATION OF RECORDS (a) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions:
(1) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; (2) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; (3) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor’s efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract;
(4) If it becomes necessary to determine the City’s rights and the Contractor’s obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; Hotel Marysville Emergency Abatement and Demolition Project Page | 2-25 (5) To determine any difference in cost occasioned by a permissible substitution;
(6) And/or for any other reason in the City’s sole judgment. (b) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor’s books and records. The City’s audit rights shall be liberally construed in the City’s favor.
(c) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder.
(d) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City’s option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City’s control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City’s audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. (e) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City’s right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City’s audit or upon the termination of audit rights under subparagraph 3.20(f), whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law.
(f) The City’s right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this “Right to Audit and Preservation of Records” clause in all subcontracts issued by it and it shall require the same to be inserted by all lower tier Subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or lower tier contract, or otherwise fail to insure the City’s rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney’s fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from said persons under this clause. Such audit may be conducted by the City or its authorized representative.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-26 SECTION 4

CONTROL OF MATERIALS

4.01. MATERIALS
(a) Unless otherwise specifically stated in the Specifications, the Contractor shall furnish all materials necessary for the execution and completion of the Work. Unless otherwise specified, all materials shall be new and shall be manufactured, handled, and installed in a workmanlike manner to insure completion of the Work in accordance with the Contract Documents. The Contractor shall, upon request of the Engineer, furnish satisfactory evidence as to the kind and quality of materials.
(b) Where materials are to be furnished by the City, the type, size, quantity and location at which they are available will be stated in the Contract Documents. (c) Manufacturers’ warranties, guarantees, instruction sheets and parts listed, which are furnished with certain articles or materials incorporated in the Work, shall be delivered to the Engineer before Acceptance of the Contract.

4.02. STORAGE OF MATERIALS
Articles or materials to be incorporated in the Work shall be stored in such a manner as to insure the preservation of their quality and fitness for the Work, and to facilitate inspection.

4.03. TRADE NAMES AND ALTERNATIVES
Whenever a material, article, system or sub-system is specified or described by using the name and/or model of a proprietary product or trademark or the name of the manufacturer or vendor, the specified item shall establish the type, function, and quality required. It shall be understood that the words “or approved equivalent” are implied whether or not they follow the proprietary enumeration.

The City reserves the right to determine when proprietary items have no equivalency, and when uniformity of operations, interchangeability of parts, standard parts inventory, etc., are in the City’s best interest.

Requests for review of equivalency will be considered upon submission of sufficient information as described herein, to allow complete review. Such requests shall not be accepted from anyone other than the Contractor. Such submission must be made prior to purchase, fabrication, manufacture or use of the equivalent items under consideration. (a) Contractor’s Risk. If the Contractor includes in its Bid or later proposes any material, product or equipment that the Contractor considers equivalent to that specified, the Contractor assumes all risk of any sort associated with Acceptance or rejection of proposed equivalent items. The Contractor shall have no right to make claim based upon Contractor’s Bid that includes a proposed equivalent item(s) of work which resulted in a lower Bid amount for said item(s) or lower total bid.
(b) Submission Requirements. Each submission for equivalency review shall include:
(1) Justification for use of the proposed equivalent item(s), including evidence, as applicable, that Contract specified material, product or equipment is unobtainable or unobtainable within an acceptable time for contract completion; Hotel Marysville Emergency Abatement and Demolition Project Page | 2-27 (2) A description of the difference between specified item(s) and proposed equivalent item(s) and the comparative advantages and disadvantages of each; (3) All relevant data addressing each specified parameter to show equivalency;
(4) A prediction of any effects the proposed change will have on operation and maintenance costs where applicable.
(c) Equivalency. An item will be considered equivalent to the item specified if it is equal to or better in:
(1) Design and strength in all sub-parts, quality, reliability and durability, operation, maintenance and serviceability, as applicable; and (2) Specified parameters in performance in all respects for the specific function(s) indicated in the contract.
(d) Supplemental Requirements. Any tests required by the City to establish quality and performance standards shall be promptly conducted by or through the Contractor at no additional cost to the City. In addition, the Contractor shall:
(1) Submit any additional data requested by the Engineer for the equivalency review; and
(2) Satisfactorily accomplish all changes, including any Engineering associated with use of equivalent items, at no additional cost to the City. (e) Equivalency Determinations. The Engineer shall be the sole judge as to equivalency determinations. The Engineer’s decision shall be final. The Contractor shall have no right of appeal to any decision rejecting the equivalency of any item. (f) Procedure.
(1) Data substantiating a request for a substitution of “an equal” item shall be submitted prior to the Award of the Contract pursuant to Section 3400 of the latest edition of the Public Contract Code.
(2) After the Bid opening, the apparent three low bidders shall have seven (7) calendar days to provide complete substantiating data for all product, material or system substitution requests. After this seven (7)-day period, the City may award the Contract to the apparent low bidder. In no event will product, material or system substitution requests submitted after the Award of Contract be considered. Failure to submit such substantiating data will result in the automatic rejection of the proposed substitution request. The City will have thirty (30) days to review the first ten (10) proposed substitution requests. For each additional five (5) product, material or system substitution requests over and above the initial ten (10), the City will have ten (10) additional days to review the proposed substitution requests. (3) Each substitution request may include one alternate substitution. All alternate substitutions shall be submitted concurrently with substitution requests. Upon review by the City, proposed substitutions shall be returned to the Bidder marked either “accepted” or “rejected”. The City shall only review alternative substitution requests if the primary substitution request is rejected. If a substitution request, and its alternative, is returned “rejected”, no further substitution requests for that product, material or system will be allowed and the Bidder will provide the specified product, material or system.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-28 (4) If, after all substitution requests have been processed, substitution requests by the apparent low Bidder are rejected by the City, the apparent low Bidder may elect not to execute the Contract. Under no circumstances, will bidders be allowed to alter their Bid Price as originally submitted. This election shall be made in writing no later than five (5) days following the receipt of the reviewed substitution requests. An election by the Bidder not to execute the Contract will result in the forfeiture of the bidder’s Bid bond. If the apparent low Bidder elects not to continue, and the second low Bidder is awarded the Contract, the second low Bidder may then elect not to execute the Contract for the contract price shown on its Bid Form. Subsequent bidders shall have five (5) days following the receipt of the reviewed substitution requests and the Notice of Award in which to make their election. This process shall continue until one Bidder decides to continue with the Award of Contract process. (5) The City may award the Contract at any time after the time for submitting substitution requests expires pursuant to subpart (2), above. In the event the Contract is awarded prior to acceptance/rejection of substitution requests, all outstanding substitution requests shall be reviewed by the City as provided above. If the apparent low Bidder elects not to execute the Contract, the Award of Contract to the apparent low Bidder shall be rescinded and the Contract awarded to the next apparent low bidder. All bidders electing not to execute the Contract expressly agree that the City shall incur no liability for such rescissions. As provided herein, “apparent low bidder” means the lowest responsive and responsible bidder.

4.04. CERTIFICATES OF COMPLIANCE
(a) A Certificate of Compliance shall be furnished prior to the use of any materials for which the Technical Specifications require that such a certificate be furnished. In addition, when so authorized in the Specifications, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate of Compliance shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Contract. A Certificate of Compliance shall be furnished with each lot of material delivered to the Work and the lot so certified shall be clearly identified in the Certificate.
(b) All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the Work which conforms to the requirements of the Contract Documents and any such material not conforming to such requirements will be subject to rejection whether in place or not. (c) The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
(d) The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-29 SECTION 5

LEGAL RELATIONS AND RESPONSIBILITY

5.01. COMPLIANCE WITH LAWS – PERMITS, REGULATIONS, TAXES The Contractor is an independent Contractor and shall, at the Contractor’s sole cost and expense, comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the Work, obtain all necessary permits and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all federal and state taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to Contractor’s employees, whether levied under existing or subsequently enacted laws, rules or regulations. The Contractor shall also pay all property tax assessments on materials or equipment used until Acceptance by the City. If any discrepancy or inconsistency is discovered in the Plans or Specifications, or in this Contract in relation to any such law, rule, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. The Contractor shall also protect, defend and indemnify the City, the Engineer, and all of the City’s officers, agents, and servants against any claim or liability arising from or based upon the violation of any such law, rule, ordinance, regulation, order or decree, whether by the Contractor or its employees. Particular attention is called to the following:
(a) Without limitation, materials furnished and performance by Contractor hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable Federal regulations.
(b) The Contractor, upon request shall furnish evidence satisfactory to the City and Engineer that any or all of the foregoing obligations have been or are being fulfilled. The Contractor warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that Contractor has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable the Contractor to perform this Contract. (c) Contractor is required to insure that material safety data sheets (MSDSs) for any material requiring a material safety data sheet pursuant to any federal or state law are available in a readily accessible place on the Project premises. Contractor is also required to insure:
(1) The proper labeling of any substance brought onto the Project premise by Contractor or any Subcontractors and
(2) That the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures.
(d) Contractor is required to comply with the provisions of California Health and Safety Code section 25249.5, et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.

5.02. PREVAILING WAGE
(a) The Contractor shall forfeit as penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or Hotel Marysville Emergency Abatement and Demolition Project Page | 2-30 any Subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code and in particular, Section 1775 which is incorporated herein by reference. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.
(b) The City will not recognize any claims for additional compensation because of the payment of the wages set forth in these General Conditions. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Engineer, or the City’s agents, be considered as the basis of a claim against the City. (c) The Contractor agrees to follow the instructions of the City’s labor compliance officer until notified otherwise in writing by the City. (d) The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the Contract.

Copies of the applicable prevailing wage rate determinations are made available to the Contractor and Subcontractor at the Pre-Job Conference Meeting. The Contractor shall post a copy of this document at the prevailing wages at each job site, along with a CMU work place poster, printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d).

5.03. PREVAILING WAGE RECORDS
(a) The Work is subject to monitoring and enforcement of prevailing wage requirements by the Department of Industrial Relations (“DIR”) and the following provisions will apply:
(1) Contractor and Subcontractors shall maintain and furnish to the DIR, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the DIR after first registering at http://www.dir.ca.gov/PublicWorks/Certified-Payroll-Reporting.html. The provisions of Labor Code section 1776 are incorporated herein by reference.
(2) The CITY and the DIR shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The DIR will notify the Contractor or Subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or Subcontractor(s) to correct the noncompliance.
(3) The City shall withhold payments when payroll records are delinquent or inadequate.
(4) The City shall withhold payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.
(5) The City shall cooperate with the DIR and DLSE in any investigation of suspected violations of prevailing wage requirements.
(6) As directed by the Labor Commissioner, the City shall withhold Contract payments equal to the payments due or estimated to be due to the Contractor or Subcontractors Hotel Marysville Emergency Abatement and Demolition Project Page | 2-31 whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or Subcontractors. The Contractor shall be required to withhold payments to a Subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the Subcontractor has cured such delinquency or deficiency.
(7) These payroll records shall be made available to the City’s representatives. These records shall be maintained during the course of the Work. The Contractor and all Subcontractors shall make the certified payroll records available for inspection by City representatives upon request and shall permit such representatives to interview employees during the work hours on the job site. (8) The Contractor shall be held entirely responsible for the prompt resolution of all non-compliances with the prevailing wage laws, including those pertaining to all Subcontractors and any lower tier Subcontractors.
(9) The Project will not be accepted as complete by the City nor final payment made until all items of non-compliance are corrected or until appropriate provision is made by depository agreement to assure the ultimate resolution and payment of any back wages that may be found due.
(b) A pre-construction conference shall be conducted before commencement of the Work with the Contractor and Subcontractors at which time the prevailing wage requirements will be reviewed and agreed to by all parties.

5.04. LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code, which reads as follows: “A Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

5.05. EIGHT-HOUR DAY LIMITATION
(a) In accordance with the provisions of the Labor Code, and in particular, Sections 1810 to 1815 thereof, inclusive, eight hours labor shall constitute a day’s work, and no worker, in the employ of said Contractor, or any Subcontractor, doing or contracting to do any part of the work contemplated by this Contract, shall be required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of those provisions; provided that subject to Labor Code section 1815, a worker may perform work in excess of either eight (8) hours per day or forty (40) hours during any one week upon compensation for all hours worked in excess of eight (8) hours per day or forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. (b) The Contractor and each Subcontractor shall also keep an accurate record showing the names and actual hours worked of all workers employed by them in connection with the Work. This record shall be open at all reasonable hours to the inspection of the City, State and Federal officers and agents. It is hereby further agreed that, the Contractor shall forfeit as a penalty to the City the sum of twenty-five dollars ($25.00) for each worker employed in the performance of this Contract by the Contractor or by any of its Subcontractors for each calendar day during which such worker is required or permitted to labor more than eight (8) Hotel Marysville Emergency Abatement and Demolition Project Page | 2-32 hours in and one calendar day and forty (40) hours in any one calendar week in violation of Sections 1810 through 1815.

5.06. COMPLIANCE WITH STATE REQUIREMENTS FOR EMPLOYMENT OF

APPRENTICES
The Contractor’s attention is directed to Section 1777.5 of the Labor Code. Provisions of said section pertaining to employment of registered apprentices are hereby incorporated by reference into these Specifications. As applicable, the Contractor or any Subcontractor employed by the Contractor in the performance of the Work shall take such actions as necessary to comply with the provisions of Section 1777.5.

5.07. UNDERGROUND UTILITIES
(a) In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunkline utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be assessed liquidated damages for delays in completing the Work when such delays are due to the failure of either the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) The Contractor shall take all precautions necessary to protect the existing utilities within the project area. Any utilities damaged due to the Contractor’s negligence shall be repaired or restored to their original condition at the Contractor’s sole expense. Existing utilities shall be kept in service during the life of the Contract unless relocation, reconstruction, abandonment, or outage is specifically authorized by the Engineer. (c) The Contractor shall provide and maintain such temporary supports as may be necessary to preserve the functions of the various utility systems. No wires, conduits and/or pipes shall be removed until all services therein have been made inoperable. (d) The Contractor shall notify the Engineer and appropriate Regional Notification Center for operators of subsurface installations at least two (2) working days, but not more than fourteen (14) calendar days, prior to performing excavation or other work close to any underground pipeline, conduit, duct, wire and other structures. The Contractor shall provide updated information to the Notification Center as required and on a periodic basis. The Regional Notification Center includes but is not limited to the Underground Service Alert-Northern California (USA) at 1-800-642-2444.
(e) The Contractor is advised that the State of California does not participate in USA.

The Contractor is required to notify Caltrans Permits Branch (916) 322-1297 for the location of State facilities.
(f) The Contractor shall not proceed with work until utility facilities involved have been located, disconnected, or otherwise adjusted by utility representatives.

5.08. WATER POLLUTION
The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, and canals from pollution with fuels, oils, bitumens, calcium chloride, and other harmful materials and shall conduct and schedule Contractor’s operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, and canals. Care shall be Hotel Marysville Emergency Abatement and Demolition Project Page | 2-33 exercised to preserve vegetation beyond the limits of construction. The Contractor shall comply with Section 5650 of the California Fish and Game Code and all other applicable statutes and regulations relating to the prevention and abatement of water pollution.

5.09. PAYMENT OF TAXES
The Contract prices paid for the Work shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by federal, state, or local governments.

5.10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the lawful prosecution of the work. All permits and licenses shall be obtained in sufficient time to prevent delays to the Work. The Contractor shall, at a minimum, possess and maintain the licenses and permits set forth in the Contract Provisions.

5.11. PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the Work, and agrees to indemnify, defend and save harmless the City, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of, the use of any patented materials, equipment, devices, or processes.

5.12. PUBLIC CONVENIENCE
This section defines the Contractor’s responsibility with regard to convenience of the public and public traffic in connection with its operations. (a) The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be properly prosecuted with due regard to the rights of the public.
(b) Unless otherwise provided in the Contract Documents, all public traffic shall be permitted to pass through the Work with as little inconvenience and delay as possible. In order to expedite the passage of public traffic through or around the work, the Contractor shall install as appropriate signs, lights, flares, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall provide and station competent flag persons whose sole duties shall consist of directing the movement of public traffic through or around the Work. The cost of furnishing and installing such signs, lights, flares, barricades, and other facilities, and the cost of providing and stationing such flag persons, all for the convenience and direction of public traffic, will be considered as included in the Contract price and no additional compensation will be allowed. (c) Spillage resulting from hauling operations along or across any publicly traveled way shall be removed immediately by the Contractor at its expense. (d) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
(e) Convenient access to driveways, houses and buildings along the line of the work shall be maintained and temporary approaches to crossings or intersecting highways shall be provided and kept in good condition. When the abutting property owner’s access across the right-of-way line is to be eliminated, or to be replaced under the Contract by other access Hotel Marysville Emergency Abatement and Demolition Project Page | 2-34 facilities, the existing access shall not be closed until the replacement access facilities are usable.
(f) Water shall be supplied the contractor if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of Marysville shall be subject to a fire hydrant permit issued by California Water Service and associated fees. (g) Flag persons and guards, while assigned to traffic control, shall perform their duties and shall be provided with the necessary equipment in accordance with the current “Instructions to Flagmen” of the California Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor at its expense. (h) All traffic control shall be in accordance with California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. (1) Traffic Control Plans. Traffic Control Plans shall be developed for the project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The Traffic Control Plans shall include, but not be limited to, signing, pavement markings, construction scheduling, permanent barricades, methods and devices for delineation and channelization, placement and maintenance of devices, roadway lighting, traffic regulations, surveillance and inspection. The Traffic Control Plans shall be approved by the Engineer a minimum of two (2) working days prior to start of any work. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(2) Traffic Control Devices and Procedures. Traffic control devices and procedures shall conform to the California Manual on Uniform Traffic Control Devices (California MUTCD), Part 6 and this Section 5.12. Non-compliance with any stipulation of this section will be justification for the City to stop work.
(3) Elimination of On-Street Parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The notification shall include the Contractor’s phone number, the City of Marysville Community Development Department phone number (916) 617-4645, and the phrase “VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22651 (L)”. This notice shall be affixed to a Type II barricade that is placed in the lane of the road (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Noncompliance with any stipulation of this section will be justification for the City to stop work. (4) Lane Closures. All lane closures shall be included in the Traffic Control Plans, and shall both conform to Section 5.12(h)(2) above, and be approved by the Engineer.

Total road closures will not be allowed for the Project. (5) Measurement and Payment. Unless specifically shown as an item of work on the proposal form, all traffic control shall be considered included in other items of work and no additional compensation will be made for labor, materials or equipment needed.

5.13. CONTINUOUS OPERABILITY OF FACILITIES
Absent written permission by the Engineer, the continuous operation of all existing facilities is required and shall in no way be affected by the Work.

5.14. SAFETY
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-35 (a) General
(1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours.

Safety provisions shall conform to all applicable federal, state, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. (2) The services of the Engineer in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in, on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Engineer or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person.
(3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work.
(4) All work and materials shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes. (5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor-tight or explosion-proof electrical installation is required by law, this shall be provided. (6) The Contractor shall submit a safety plan and/or narrative description to the Engineer prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at the Project Site. (b) Shoring and Trench Safety Plan
(1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support, and the Contractor shall comply with this law.
(2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Engineer Working Drawings of its trench safety plan. The trench safety plan Working Drawings shall be detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from the shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural engineer. In no event shall the Contractor use a shoring, sloping, or protective system less effective than that required by said Construction Safety Orders, or less effective than that required by said Federal Safety Hotel Marysville Emergency Abatement and Demolition Project Page | 2-36 Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by the Contractor or its Subcontractors.

5.15. BLASTING
Except for exceptional circumstances, blasting shall be prohibited. Accordingly, Bids should be prepared on the basis that no blasting will be permitted. Should blasting be required and expressly approved by the City, the City will issue a Change Order for blasting work.

5.16. INTOXICATING LIQUORS AND NARCOTICS
The Contractor shall not sell, permit or suffer the introduction or use of intoxicating liquors or narcotics upon or about the Site.

5.17. PROTECTION OF PERSONS AND PROPERTY
(a) The Contractor shall take whatever precautions are necessary to prevent damage to all existing improvements, including above ground and underground utilities, trees, shrubbery that is not specifically shown to be removed, fences, signs, mailboxes, survey markers and monuments, buildings, structures, the City’s property, adjacent property, and any other improvements or facilities within or adjacent to the work. If such improvements or property are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition at least as good as the condition they were in prior to the start of the Contractor’s operations.
(b) The Contractor shall adopt all practical means to minimize interference to traffic and public inconvenience, discomfort or damage. The Contractor shall protect against injury to any pipes, conduits or other structures crossing the trenching or encountered in the Work and shall be responsible for any injury done to such pipes or structures, or damage to property resulting therefrom. The Contractor shall support or replace any such structures without delay and without any additional compensation to the entire satisfaction of the Engineer. All obstructions to traffic shall be guarded by barriers illuminated at night. The Contractor shall be responsible for all damage to persons and property directly or indirectly caused by its operations and, under all circumstances, Contractor must comply with the laws and regulations of the State of California relative to safety of persons and property and the interruption of traffic and the convenience of the public within the respective jurisdictions. (c) The Contractor is cautioned that it must replace all improvements in rights-ofway and within the public streets to a condition at least equal to what existed prior to the Contractor’s entry onto the job.
(d) Type and time of construction required at any road subject to interference by the work will be determined by those authorities responsible for maintenance of said road. It shall be the responsibility of the Contractor to determine the nature and extent of all such requirements, including provision of temporary detours as required; however, the construction right-of-way obtained by the City at affected roadways will be adequate for provision of all required detours. As required at any road crossing, the Contractor shall provide all necessary flagpersons, guardrails, barricades, signals, warning signs and lighting to provide for the safety of existing roads and detours. Immediately after the need for temporary detours ceases, or when directed, the Contractor shall remove such detours and perform all necessary cleanup work, including replacement of fences, and removal of pavement. Included shall be all necessary replacement of existing roadway appurtenances, grading work, soil stabilization and dust control measures, as required and directed.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-37 (e) The Contractor shall examine all bridges, culverts, and other structures over which it will move its materials and equipment, and before using them, Contractor shall properly strengthen such structures where necessary. The Contractor shall be responsible for any and all injury or damage to such structures caused by reason of its operations.

5.18. RESPONSIBILITY FOR REPAIR OF FACILITIES
All public or private facilities, including but not limited to, gravel surfacing at existing canals, structures, telephone cables, roadways, curbs, gutters, parking lots, private drives, levees and embankments for creeks, ponds and reservoirs disturbed during construction of the work shall be repaired and/or replaced by the Contractor to match facilities existing prior to construction. In addition, the Contractor shall be responsible for any settlement damage to such facilities or adjoining areas for a period of one year after Acceptance of such required facilities.

5.19. CITY’S REPAIR
In the event the Contractor refuses or neglects to make good any loss or damage for which it is responsible under this Contract, the City may itself or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.

5.20. ANTITRUST CLAIM ASSIGNMENT
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

5.21. WAIVER OF RIGHT TO RESCIND FOR MATERIAL BREACH
The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the Work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages.

5.22. CONTRACTOR’S LICENSE NOTICE

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO:

REGISTRAR CONTRACTORS’ STATE LICENSE BOARD
9821 BUSINESS PARK DRIVE
SACRAMENTO, CALIFORNIA 95827
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-38 MAILING ADDRESS:

P.O. BOX 26000
SACRAMENTO, CALIFORNIA 95826

5.23. HISTORICAL, SCIENTIFIC AND ARCHEOLOGICAL DISCOVERIES All articles of historical or scientific value, including but not limited to coins, fossils, and articles of antiquity which may be uncovered by the Contractor during the progress of work, shall become City property. Such findings shall be reported immediately to the Engineer who will determine the method of removal, where necessary, and the final disposition thereof.

5.24. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid.
(a) Neither the Contractor nor any Subcontractors shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A. M. Best’s rating of no less than A-VII.
(b) Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guarantee period. (c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies of all insurance policies affecting the coverage required by the Contract. (d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy.
(e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Engineer.
(f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. (g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fails to maintain the insurance coverage as required in this section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. (h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following Hotel Marysville Emergency Abatement and Demolition Project Page | 2-39 coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. (1) Workers’ Compensation and Employer’s Liability Insurance (i) Workers’ Compensation
The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Workers’ Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code section 1861, on the form provided in the Contract Documents. (ii) Claims Against City
If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the said Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor.
(2) Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverage’s and limits of Commercial General and Automobile Liability insurance:
(i) Form and Amount
The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $3,000,000.00 per occurrence with an aggregate no less than two (2) times the required per occurrence limit applying to bodily injury, personal injury, and property damage, or any combination of the three. Any deductibles must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following:
(ii) Additional Requirements
Provision or endorsement naming the City, the Engineer and its consultants, and each of their officers, employees, and agents, each as additional insured’s with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and Hotel Marysville Emergency Abatement and Demolition Project Page | 2-40 Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss unless and until all limits available under the Contractor ‘s and Subcontractor’s insurance policy/policies have been paid. 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 and shall be at least as broad as CG 20 01 04 13.
(iii) “Cross Liability” or “Severability of Interest” clause. (iv) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverage’s, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
(v) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section 4.02, Indemnity and Litigation Costs.
(vi) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. (vii) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(3) Builder’s Risk or Installation Floater “All-Risk” Insurance. Before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured’s as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements.

5.25. INDEMNITY AND LITIGATION COST
(a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, which arise out of or are in any way connected with the Contractor’s, or its Subcontractors’ or suppliers’, performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor’s agents, employees and representatives, resulting in claim or Hotel Marysville Emergency Abatement and Demolition Project Page | 2-41 liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project. The Contractor’s obligations under this Section shall apply to claims arising from the Contractor’s mistake, error, or neglect in preparing its Bid for this project.
(b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall not be limited in way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers’ Compensation statutes, disability benefit statutes or other employee benefit statutes.

5.26. PROTECTION OF WORK
(a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the same may be done at the Contractor’s expense by the City and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of 5% of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal wave’ s; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. (b) Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of said owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-42 (c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-of-way and take other preventative measures as directed by the Engineer.
(d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. (e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water, which may impede the progress or execution of the Work. (f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. (g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified In Section 2.07. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified in Section 2.07. (h) Except as provided by Government Code section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections 2.06 and 2.07, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing.
(i) Subject to the provisions of this section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work.

5.27. ACCIDENTS
(a) The Contractor shall provide and maintain, in accordance with Labor Code section 6708 and OSHA requirements, adequate emergency first-aid treatment for its employees and anyone else who may be injured in connection with the Work. (b) The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the Work, whether on or Hotel Marysville Emergency Abatement and Demolition Project Page | 2-43 adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injury or serious damage are caused, the accident shall be reported immediately by telephone or messenger to the City and the Engineer.
(c) If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.

5.28. NO PERSONAL LIABILITY
Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-44 SECTION 6

PROGRESS AND COMPLETION OF WORK

6.01. PROGRESS SCHEDULE
The Contractor shall submit within ten (10) days after execution of the Contract a detailed work schedule(s) which shall detail the actions of the Contractor and Subcontractors working at the Site. This schedule(s) shall both show the dates at which the Contractor will start and complete and conform to the completion time specified in the Contract. The controlling operation, defined as the least float path, if any, shall be identified.

The Contractor shall review, revise and resubmit the progress schedule at least once a month to reflect progress. In any event, Contractor shall submit, at any time during the contract period, a current schedule to the Engineer at the Engineer’s request.

No progress payments will be made for any work performed until a satisfactory schedule has been submitted and approved by the Engineer. An updated schedule shall be required from the Contractor if the project falls ten (10) working days behind schedule.

If the Work falls behind the accepted schedule, the Contractor shall promptly take whatever actions are necessary to put the project back on schedule. For delays or portions of delays for which the Contractor is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the project on schedule.

6.02. COMMENCEMENT AND PROGRESS OF THE WORK AND TIME OF COMPLETION (a) Commencement
The Contractor shall begin the Work after receiving a Notice to Proceed within the period of time set forth in the Contract Provisions. Thereafter, Contractor shall diligently prosecute the Work to completion as specified in the Contract Documents. The Engineer shall have the right to specify the locations where Contractor shall start and proceed with the Work.

A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

Notwithstanding any other provisions of the Contract, the City shall not be obligated to accept or pay for any work furnished by the Contractor prior to the issuance of the Notice to Proceed whether or not the City has knowledge of the furnishing of such work. The Contractor shall not commence with work on this project until its Contract bonds and evidence of insurance comply with all Contract requirements and a Notice to Proceed has been issued.

The Contractor shall notify the Engineer in writing two (2) working days (48 hours) prior to commencement of work on the Project or scheduling work for a Saturday, Sunday, or City Holiday. Failure to provide said notification will void the City’s obligation to provide inspection.

Any work done in the absence of the City’s Inspector shall be subject to rejection. (b) Completion
Hotel Marysville Emergency Abatement and Demolition Project Page | 2-45 All work under this Contract shall be completed within the period of time set forth in the Contract Provisions. The Contract shall be deemed completed when the Engineer has certified the completion of the Project as provided in Section 9.07 of these General Conditions.

6.03. SUSPENSION OF WORK
(a) The Engineer may at any time, by notice in writing to the Contractor, suspend any part of the Work for such period of time as may be necessary to prevent improper execution of the Work on the project by the Contractor, its Subcontractors or agents, and the Contractor shall have no claim for damages or additional compensation on account of any such suspension.
(b) The City may at any time suspend any part or all of the Work upon ten (10) days written notice to the Contractor, who shall thereupon discontinue all work suspended except for all operations to prevent loss or damage to work already executed as may be directed by the Engineer. Work shall be resumed by the Contractor after such suspension on written notice from the City.
(c) In the event of any suspension of the Work in whole or in part under subsection (B) above, the Contractor shall be entitled to an extension of time wherein to complete the Work to the extent of the delay caused to the Contractor thereby. (d) In the event the entire work shall be suspended by order of the City, as herein above provided, and shall remain so suspended for a period of sixty (60) consecutive days, through no fault of the Contractor, and notice to resume the Work shall not have been served on the Contractor as herein above provided, Contractor may, at its option, by written notice to the City, terminate the Contract in the same manner as if the termination had been initiated by the City, and the City shall have no claim for damages because of such termination of the Contract.

6.04. DELAY IN THE WORK – TIME EXTENSIONS
The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, the City may exercise the termination provisions set forth in Section 6.05, below. (a) Excusable Delays. Excusable delays shall be delays in the controlling operation of the Contractor’s work due to strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the City, or by any cause which the City shall decide to justify the delay. Except as provided in Section 6.04(f), below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as the City may decide. The Contractor’s right to an extension of time for an excusable delay is expressly subject to Contractor’s giving written notice of such claim within ten (10) days following the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Contractor’s sole and exclusive remedy for excusable delays.
(b) Compensable delays. Compensable delays shall be delays in the controlling operating of the Contractor’s work due to acts or neglect of the City, its employees or those under it by contract or otherwise, or by changes ordered in the work. In the event of a Hotel Marysville Emergency Abatement and Demolition Project Page | 2-46 compensable delay, the time of completion shall be extended for such reasonable time as the City may decide. In addition, the Contractor may recover its direct costs as provided in Section

6.05. The Contractor’s remedies for compensable delays are expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. It is understood and agreed that the Contractor’s sole and exclusive remedies for compensable delays shall be an extension of the time and recovery of its direct costs as compensable hereunder, but only in accordance with the provisions of the Contract Documents.
(c) Contractor and City understand and agree that the Contract time for the completion of this project is a very important part of the contract. Extensions of time will only be granted as provided above when events actually cause the Contractor to be delayed in the performance of that schedule activity which is the controlling operation as of the time of the delay. When acts or omissions occur which could cause delay, Contractor will take all reasonable means in order to be able to continue to work as scheduled without any delay, or as short a delay as possible. Additionally, if inclement weather causes accumulation of standing water on the work site or other conditions which might cause delay, Contractor shall take all measures reasonably necessary to permit work to continue as quickly as possible. (d) If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by date substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Adverse weather conditions shall be considered only as those conditions that exceed the average annual number of rain days and rain quantities as established by the Annual Local Climatological Summary and NOAA National Technical Memorandum NWS WR-65 (Revised) as published by the United States Government, National Weather Service, National Climate Center, Asheville, North Carolina. (e) The Engineer shall be responsible for determining when adverse weather conditions result in non-workable days. It shall be the Contractor’s duty to stay informed of such determinations by the Engineer. The Contractor may object to such adverse weather determinations by filing with the Engineer a written notice of objection. The notice of objection shall state the basis of the objection and provide supporting documentation, which substantiates that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All such notices of objection shall be filed within three (3) days of the day in dispute. It is hereby agreed that the Contractor’s failure to submit a written notice of objection within three (3) days of the Engineer’s adverse weather determination shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise. (f) The Engineer will, within a reasonable period of time, issue a ruling on the Contractor’s notice of objection. All such rulings by the Engineer shall be final, unless the Contractor files a written protest within fifteen (15) days of the Engineer’s ruling. This protest shall clearly state the basis of the dispute. Such protest will be forwarded promptly to the City, which will issue a decision on each such protest. The City decision will be final. Pending the City decision, the Contractor shall proceed with its work in accordance with the Engineer’s ruling and/or instructions. It is hereby agreed that the Contractor’s failure to file a protest within fifteen days (15) of the Engineer’s ruling shall constitute a waiver by the Contractor of all its rights to further protest, judicial or otherwise.
(g) The number of days that are anticipated to be non-workable due to adverse weather conditions shall be as set forth in Section 4.0 of the Special Conditions. Days deemed non-workable by the Engineer in excess of such anticipated number shall be considered excusable delays.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-47 (h) Unexcused delays shall be delays in the Contractor’s work due to acts or neglect of the Contractor, its employees, Subcontractors or those under it by contract or otherwise. In the event of an unexcused delay, the Contractor expressly agrees that it shall not be entitled to either an extension of time or recovery of its costs.
(i) A request for an extension of time, or the granting of an extension of time, shall not constitute a basis for any claim against the City for additional compensation or damages unless caused by the City or another Contractor employed by the City.

6.05. DAMAGES FOR DELAY
In the event of compensable delay, the City shall only be liable for idle equipment, idle workers and the necessary costs of transporting equipment. The City shall be liable to the extent that the compensable delay is concurrent with excusable delays or Contractor caused delays to the controlling operation. The allowable costs shall be as for force account work under Section 2.04 with the following exceptions:
(a) The Delay Factor in the Labor Surcharge and Equipment Rental Rules applies to each equipment rental rate;
(b) The daily number of payable hours shall equal the normal working hours during the delay, not to exceed eight (8) hours per day; and
(c) No markups will be added.

6.06. TERMINATION FOR CONVENIENCE
If at any time before completion of the Work, the City determines that it is either impossible or against the interests of the City to complete the Work, or if the Work is stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as described below. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the Work thus dispensed with, nor any other actually performed up to the time of discontinuance, including any Extra Work ordered by the Engineer to be done, nor for any claim for liquidated damages.

Termination of the Contract for convenience and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The Engineer will issue the Contractor a written notice signed by the Engineer, specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all Work under the Contract except that specifically directed to be completed prior to Acceptance.
(2) Perform Work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment from the site of the Work.
(4) Take such action as is necessary to protect materials from damage.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-48 (5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all material previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of material not yet used in the Work as directed by the Engineer.

It shall be the Contractor’s responsibility to provide the City with good title to all materials purchased by the City hereunder, including material for which partial payment has been made and with bills of sale or other documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for material terminated hereunder.

To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
(10) Take such other actions as the Engineer may direct. (b) Termination of the Contract shall not relieve the Contractor of responsibility for damage to materials except as follows:
(1) The Contractor’s responsibility for damage to materials for which partial payment has been made and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
(2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other Work as may have been ordered to secure the project for termination, he or she will recommend that the Engineer formally accept the Contract, and immediately upon and after such Acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of his or her Contractual responsibilities for injury to persons or damage to property which occurs after the formal Acceptance of the project by the Engineer. (c) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all Work performed under the Contract, including mobilization, demobilization and Work done to secure the project for termination. Reasonable cost will include a reasonable allowance for project Overhead and general administrative Overhead not to exceed a total of ten (10%) percent of Direct Costs of such Work.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-49 (2) A reasonable allowance for profit on the cost of the Work performed as determined under Section 2.04(a) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he or she would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4%) percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the Contract.

All records of the Contractor and the Subcontractors, necessary to determine compensation in accordance with this section shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, and such records shall be retained for that period.

After Termination of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Statement, when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled.

All payments, including payment upon the Final Statement, shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.
(d) The provisions of this section shall be included in all subcontracts.

6.07. TERMINATION FOR DEFAULT
(a) In the event of any default by the Contractor as described below, the City may, after giving ten (10) days’ written notice to the Contractor, terminate the Contractor’s right to proceed with the Work or any part of the Work in the City’s sole discretion. Events of default include:
(1) Failure or refusal to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or failure to complete said work within such time. (2) Filing of bankruptcy by the Contractor, or the making of a general assignment for the benefit of its creditors, or appointment of a receiver on account of Contractor’s insolvency without discharge of the receiver within ten (10) days after its appointment.
(3) Failure to make prompt payments to Subcontractors or suppliers. (4) Persistent disregard of laws, ordinances, or the instructions of the Engineer, or other substantial violation of any provision of the Contract. (b) In the event the right of the Contractor to proceed with the Work, or any portion thereof, has been terminated because of the default of the Contractor and the Contractor has been given ten (10) days’ notice to cure such fault and has not done so, the City may take over the Work and prosecute the same to completion by contract or any other method the City deems expedient, and may take possession of and utilize in completing the Work such materials, appliances, equipment and plant as may be on the site of the Work and necessary Hotel Marysville Emergency Abatement and Demolition Project Page | 2-50 therefore. In such event, the Contractor and its sureties shall be liable for all damages including costs of managerial and administrative services, engineering, legal and other consultant fees, and liquidated damages sustained or incurred by the City. (c) Upon termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If upon completion of the Work the total cost to the City, including engineering, legal and other consultant fees, costs of managerial and administrative services, construction costs, and liquidated damages shall be less than the amount which would have been paid if the Work had been completed by the Contractor in accordance with the terms of the Contract, then the difference shall be paid to the Contractor in the same manner as the final payment under the Contract. If the total cost incurred by the City on account of termination of the Contract and subsequent completion of the Work by the City by whatever method the City may deem expedient shall exceed said amount which the Contractor would otherwise have been paid, the Contractor and its sureties shall be liable to the City for the full amount of such excess expense.
(d) The rights and remedies of the City provided in this section are in addition to any of the rights and remedies provided by the law or under this Contract.

6.08. FAILURE TO TIMELY COMPLETE THE WORK – LIQUIDATED DAMAGES (a) Liquidated Damages
(1) It is agreed by the parties to this Contract that time is of the essence. In the event all the Work is not completed before or upon the expiration of the time limit as set in the Bid, Contract and/or Progress Schedule, or within any time extensions that may have been granted, damage will be sustained by the City; and that it may be impracticable to determine the actual amount of damage by reason of such delay. Accordingly, it is agreed that the Contractor shall pay to the City as damages the amount set forth for each and every day’s delay in finishing the Work in excess of the number of days specified. Liquidated damages shall be paid at a rate of one thousand dollars ($1,000.00) per day unless otherwise stated in the Contract Documents.

The parties expressly agree that the liquidated damage clause found in the Contract Documents is reasonable under the circumstances existing at the time the Contract was made. The City shall have the right to deduct the amount of liquidated damages from any money due or to become due the Contractor.
(2) In addition, the City shall have the right to charge to the Contractor and to deduct from the final or progress payments for the Work the actual cost to the City of legal, engineering, inspection, superintendence, and other expenses, which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final inspection and preparation of the final estimate shall not be included in the charges. (b) Exclusions
Notwithstanding the provisions of Section 2.06(a), the Contractor shall not be liable for liquidated damages or delays caused by the removal or relocation of utilities when such removal or relocation is the responsibility of the City or the owner of the utility under Government Code section 4215.

6.09. CLEAN-UP
During the progress of the Work, the Contractor shall maintain the Site and related structures and equipment in a clean, orderly condition and free from unsightly accumulation of rubbish. All waste materials shall be removed daily from the Site and disposed of by the Contractor by any proper means at its own expense unless designated otherwise on the plans.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-51 No waste materials shall be placed in the public street right-of-way. Unless otherwise specified, all existing piping, materials and/or equipment removed pursuant to this Contract shall become the Contractor’s property.

Upon completion of the Work and before the final estimate is submitted, the Contractor shall, at its own cost and expense, remove from the vicinity of the Work all plants, buildings, rubbish, unused work materials, concrete forms, and temporary bridging and other like materials, belonging to the Contractor or used under the Contractor’s direction during the construction, and in the event of the Contractor’s failure to do so, the same may be removed by the City after ten (10) calendar days’ notice to the Contractor. Such removal shall be at the expense of the Contractor.

The Contractor shall use care in the removal of materials and equipment so as not to cause damage to existing facilities and structures. Contractor shall assume liability for all such damage. Where the construction has crossed yards or driveways, restoration shall be by the Contractor to the complete satisfaction of the Engineer, at the Contractor’s expense.

The Contractor shall make its own arrangements for the disposal of waste materials. If the Contractor elects to dispose of such materials on private property, Contractor shall obtain written permission from all property owners involved.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-52 SECTION 7

MEASUREMENT AND PAYMENT

7.01. MEASUREMENT OF QUANTITIES
(a) Where the Contract provides for payment on a lump sum price basis, no measurement of quantity will be made. Where the Contract provides for payment on a unit price basis, the quantities of work performed will be computed by the Engineer on the basis of measurements taken by the Engineer, and these measurements shall be final and conclusive. (b) All quantities of work computed under the Contract shall be based upon measurements by the Engineer according to United States Measurements and Weights. (c) Methods of measurement are specified herein and in the Technical Specifications.
(d) Mobilization shall be measured and payment issued according to Section 11 of the State Standard Specifications.

7.02. SCOPE OF PAYMENT
(a) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the Acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
(b) No compensation will be made in any case for loss of anticipated profits.

Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements.
(c) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Engineer’s field facility(s) of utility work and connections needed for these facilities.

7.03. PROGRESS ESTIMATE
For each calendar month of Contract work, the Engineer will prepare a progress estimate of all work performed under the Contract. Within the first ten (10) days of each succeeding calendar month, the Engineer will prepare in writing an estimate which in the Engineer’s opinion is a fair approximation of the value of all work done under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the Work done, the Engineer will give consideration to the value of labor and materials which have been incorporated into the permanent work by the Contractor during the preceding month. Consideration will not be given to preparatory work done or for materials or equipment on hand.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-53 In order to assist the Engineer, the Contractor shall furnish the Engineer with copies of invoices for all such items delivered to the job site.

7.04. PROGRESS PAYMENTS
(a) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within thirty (30) days after receipt of an undisputed and properly submitted progress estimate from the Contractor, unless the City has made a finding prebid pursuant to Public Contract Code section 7201(b)(4) justifying a larger retention. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (A) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and Acceptance of all work under the Contract. (b) Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(c) The number of days available to the City to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b). (d) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies which the City may withhold to insure performance under the Contract.
(e) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000.00), no pay estimate will be prepared and no progress payment will be made. (f) No progress estimate or payment shall be considered to be an approval or Acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed with actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. (g) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an Acceptance of any defective or incomplete work or improper materials.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-54

7.05. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime Contractor or Subcontractor shall pay any Subcontractor not later than seven (7) days of receipt of each progress payment in accordance with the provisions in Section 7108.5 of the California Business and Professions Code concerning prompt payment to Subcontractors. The seven (7) days is applicable unless a longer period is agreed to in writing.

Any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of Section 7108.5 shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the prime Contractor , deficient subcontract performance, or noncompliance by a Subcontractor. This provision applies to both DBE and non-DBE Subcontractors.

7.06. LIENS AND STOP NOTICES
The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract Documents, including but not limited to final payment and retained percentage. This section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor.

7.07. FINAL ACCEPTANCE AND DATE OF COMPLETION
Whenever the Contractor shall deem all Work under this Contract to have been completed in accordance therewith, the Contractor shall so notify the Engineer in writing, and the Engineer shall promptly ascertain whether the Work has been satisfactorily completed and, if not, shall advise the Contractor in detail and in writing of any additional work required. When all the provisions of the Contract have been fully complied with, to the satisfaction of the Engineer, the Engineer shall proceed with all reasonable diligence to determine accurately the total value of all Work performed by the Contractor at the prices set forth in the Contract or fixed by Change Orders, and the total value of all extra work, all in accordance with the Contract.

The Engineer will then certify to said final estimate and to the completion of the Work, and will file copies thereof with the City and the Contractor, and shall cause of Notice of Completion to be filed with the Yuba County Clerk-Recorder . The date of completion shall be the date of filing of the Notice of Completion. All guarantees, warranties, and securities securing said guarantees and warranties, shall commence on said date.

Hotel Marysville Emergency Abatement and Demolition Project Page | 2-55

7.08. RIGHT TO WITHHOLD PAYMENTS
(a) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of:
(1) Defective work not remedied, irrespective of when any such work be found to be defective;
(2) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code;
(3) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; (4) A reasonable doubt that the Work can be completed for the balance then unearned;
(5) A reasonable doubt that the Contractor will complete the Work within the agreed time limits;
(6) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or
(7) Damage to work or property.
(b) Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, material men, Subcontractors, etc., the City may at its discretion permit the Contractor to deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon Acceptance thereof by the City, the City shall release to the Contractor monies so withheld.

7.09. FINAL PAYMENT
Within ten (10) days after the date of completion, the City will file in the Office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. Within sixty (60) days of completion defined in Public Contract Code section 7107, the difference between said final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate.

7.10. FINAL RELEASE
Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. Disputed Contract claims in stated amounts may be specifically Hotel Marysville Emergency Abatement and Demolition Project Page | 2-56 excluded by the Contractor from the operation of the release. The release shall be in substantially the form specified in California Civil Code section 8138.

Hotel Marysville Emergency Abatement and Demolition Project PART 3 SUPPLEMENTAL CONDITIONS
(SPECIAL PROVISIONS)
Hotel Marysville Emergency Abatement and Demolition Project

SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)
Except as modified by these Supplemental Conditions, the work shall be performed in accordance with Part 3 General Conditions. The numbering of these Supplemental Conditions coincides to the numbering in the General Conditions. The existence of a section in these Supplemental Conditions means that a corresponding section in the General Conditions is modified in some respect. Under these contract documents, Supplemental Conditions and Special Provisions have the same meaning.

The following Supplemental Conditions , if any, shall be used in conjunction with the City of Marysville Standard Specifications current edition including Standard Details and all revisions, and the current State of California Department of Transportation (Caltrans) Standard Specifications, in that order.

The following provisions apply to use of or reference to the Caltrans Standard Specifications:

1. None of the “General Provisions” of the Caltrans Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. The City’s “General Conditions” shall govern.

2. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications and a provision of these Contract Documents, the provision in the Contract Documents will govern.

3. Any reference to the “Engineer” in the Caltrans Standard Specifications is deemed to mean “City”, “Owner” or “Architect/Engineer” or Owner’s designated representative.

4. Any reference to the “State” in the Caltrans Standard Specifications is deemed to mean “City” or “Owner.”
City Standard Details may be purchased from City Hall at:
526 C Street
Marysville, California 95901
or by calling (530) 749-3902 for purchase by mail.

State Standard Specifications are available online at:
http://www.dot.ca.gov/hq/esc/oe/standards.php
Hotel Marysville Emergency Abatement and Demolition Project PART 4 TECHNICAL SPECIFICATIONS
The work shall be performed in accordance with the latest edition of the City of Marysville Standard Details and Caltrans Standard Specifications 2023, except as modified by these Technical Specifications. Section numbering of these Technical Specifications does not conform to the Standard Specifications.

Contractor shall provide submittals (shop drawings) for all materials to be installed or used on the project.

GENERAL:

Contractor to provide labor, equipment, and materials to fully abate and demolish the five-story reinforced concrete structure commonly known as the Hotel Marysville located at 420 5th Street Marysville CA. Contractor shall mobilize and complete the project in a professional and timely manner. Scope includes stockpiling of the demolished structure in place on the hotel parcel and covering with tarping to withstand remaining in place for at least six month.

Work includes asbestos management and disposal in compliance with all local, state and federal regulations, and adhering to CalOSHA, US EPA CalEPA, and Feather River Air Quality Management District (FRAQMD) requirements/guidelines. All floors shall be treated as contaminated with friable asbestos dust and debris throughout the building due of the fire. The areas inside and debris on sidewalk outside the building shall be treated as asbestos contaminated.

Contractor shall complete abatement and demolition within sixty (60) calendar days of notice to proceed. Contractor shall prioritize abatement and demolition work, to the extent possible, to allow the full restoration of traffic on State route 70.

Contractor is responsible for mobilization, demobilization, equipment decontamination, equipment wear/damage, warehousing, and administration fees.

Hotel Marysville Emergency Abatement and Demolition Project CONTRACTOR QUALIFICATIONS:
• Contractor must have 7 years of prior experience in conducting asbestos abatement and heavy demolition, including demolition of structures similar to this structure in scale and design.
• Contractor must be registered by Division of Occupational Safety and Health of California Cal/OSHA to perform asbestos-related work in California. • Contractor shall be registered with the Department of Industrial Relations (DIR) • Contractor must possess a C-22 (Selective Demolition) contractor’s license • All transportation of abetment material must be performed by a licensed hazardous waste hauler.

PRE-CONSTRUCTION REQUIREMENTS:

Contractor shall be responsible for securing all required all applicable fees, notifications, pre/post submittals including, but not limited to those required by the City of Marysville, County of Yuba, FRAQMD, CalOSHA, CalEPA and USEPA. These fees shall be included in contract price.

The Contractor shall submit within five (5) days after execution of the Contract to the City, FRAQMD, Cal EPA, CAL/OSHA, and the US EPA a work plan for abatement and demolition and this must be 10 days in advance commencement of work. Work shall not be started and the contract completion days started until written approvals from City, FRAQMD Cal EPA and US EPA are secured.

A City building permit will be required. City building permit fees will be calculated by the City but not charged to the contractor.

A City encroachment permit will be required for working within the 5th Street and High Street right-of-way. City encroachment permit fees will be calculated by the City but not charged to the contractor.

A Caltrans encroachment permit will be required for working within the E Street / State Route 70 right-of-way. Caltrans encroachment permit fees will be the responsibility of the contractor.

CERTIFIED INDUSTRIAL HYGIENIST (CIH) MONITORING AND TESTING:

Contractor shall provide a their expense, a Certified Industrial Hygienist (CIH) to monitor the project on a full-time basis.
• The CIH will develop an air quality monitoring and sampling plan that meets FRAQMD, CalOSHA, CalEPA, and USEPA requirements the requirements prior to commencement of work.
• The monitoring plan must include threshold limits and actions to be taken if thresholds are exceeded.
• The CIH shall review and endorse the building demolition plan prior to commencement of work.
• The CIH shall perform baseline air monitoring/ sampling throughout work area as well as any adjacent surfaces / buildings that may have been contaminated from the fire, prior to the start of work
• The CIH shall perform daily perimeter air monitoring for hazardous materials Hotel Marysville Emergency Abatement and Demolition Project BID SCHEDULE A - ABATEMENT AND THEN DEMOLITION:

Abate the asbestos by the removal of all friable asbestos containing dust/debris and building material then performing the demolition.

Contractor shall utilize industry best practices to minimize risk of public exposure to airborne, waterborne, or ground-level or subterranean hazards such as lead, asbestos, PCBs or other hazardous materials as determined by the CIH.

Prior to abatement the contractor shall establish a restricted area for asbestos abatement and decontamination and appropriately mark the worksite perimeter/controlled work at the distance specified by the CIH and USEPA approved work plan. The contractor shall place required warning signs and barrier tape prominently around the entire abatement area.

Prior to abatement, the contractor shall create a containment system using a minimum thickness 6 mil plastic sheeting covering the entire building and any scaffolding/apparatus to be used in the abatement. Containment must fully enclose the roof top 5th floor ceiling with plastic sheeting sufficiently supported.

The contractor shall install equipment to establish a prescribed minimum negative air pressure inside the containment area and monitor this pressure continuously via manometer or similar device until clearance is established by the CIH. If minimum negative air pressure is not maintained, the contractor shall immediately stop work and not commence work until minimum negative air pressure is re-established.

Contractor shall ensure that all workers are adequately protected per CalOSHA guidelines including but not limited to protective disposal suits, hard hats, gloves, and full-face respirators.

The CIH shall conduct air monitoring at the perimeter outside the containment area during abatement per the EPA approved abatement plan.

The Contractor shall ensure all dust/ash/debris/water is appropriately packaged, transported and disposed of as Regulated Asbestos Containing Material (RACM).

Contractor shall assume all building material, including but not limited to wood, brick, and concrete associated with recent fire contains friable asbestos and shall be treated as RACM until adequate cleaning/decontamination and testing has been performed by the CIH to reclassify the material.

All non-decontaminated RACM material shall be double bagged for disposal and placed in appropriate enclosed containers/dumpsters/metal drums for transport and disposal.

Upon completion of abatement and adequate decontamination/cleaning/testing, and approval by the CIH, the structure may be demolished using conventional methods and all debris hauled and disposed of at a permitted landfill or recycle facility.

Hotel Marysville Emergency Abatement and Demolition Project ALTERNATE BID SCHEDULE A - ABATEMENT WITH DEMOLITION:

Leave Asbestos in Building During Demolition
Contractor shall utilize industry best practices to minimize risk of public exposure to airborne, waterborne, or ground-level or subterranean hazards such as lead, asbestos, PCBs or other hazardous materials as determined by the CIH.

Prior to abatement the contractor shall establish a restricted area for asbestos abatement and decontamination and appropriately mark the worksite perimeter/controlled work zone) per CIH and USEPA approved work plan. The contractor shall place required warning signs and barrier tape prominently around the entire abatement area.

The prescribed perimeter shall be treated as asbestos contaminated and exposed surfaces will be protected by one of the following methods:
• Placement of minimum 6 mil plastic sheeting over surfaces to prevent contamination. • HEPA vacuuming of all exposed surfaces of areas surrounding the building after demolition
• Appropriately washing surfaces down with water and collecting and processing runoff water as described in water runoff section of this scope of work.

Contractor shall ensure that all workers are adequately protected per CalOSHA guidelines including but not limited to protective disposal suits, hard hats, gloves, and full-face respirators.

The CIH shall conduct air monitoring at the perimeter outside the containment area during abatement per the EPA approved abatement/demolition plan.

The Contractor shall ensure all dust/ash/debris/water is appropriately packaged, transported and disposed of as Regulated Asbestos Containing Material (RACM).

All non-decontaminated RACM material shall be double bagged for disposal and placed in appropriate enclosed containers/dumpsters/metal drums for transport and disposal.

Demolition must be performed using wet methods following applicable USEPA, CalEPA and DOSH regulations and guidelines.
• Excavators, boom lifts and other equipment shall be equipped with water misters/ hoses to provide adequate dust control at all times.
• All debris shall be saturated with water during demolition process • Debris sorting, whether manual or using equipment shall only be performed using wet methods.
• All debris shall be fully saturated with water at the end of shift.

Hotel Marysville Emergency Abatement and Demolition Project PROTECTION FROM DAMAGE:
• Contractor shall follow all applicable Cal/OSHA requirements applicable to this project.
• Contractor is responsible for the safe removal of structure. The contractor shall exercise reasonable care in removing the upper section of the building to minimize any risks associated with falling debris.
• Contractor shall use reasonable care shall be taken to protect existing ROW and adjacent private property, including adjacent parking areas. • Trench plates shall be placed throughout site as required to protect existing roadways from excavator/ debris bin damage.
• Contractor shall minimize equipment use in the Caltrans ROW and private property to the south to the extent possible to prevent damage to these surfaces. • Contractor shall provide adequate protection on the east alley side of the building to prevent damage to the adjacent building (debris nets, plating, padding, etc.)
• The Contractor shall pressure wash and install plastic on the building adjacent to the demolition site’s eastern side. The building shall be power washed and plastic installed on all exterior windows prior to demolition to minimize contamination during demolition.

WATER POLLUTION CONTROL PLAN (WPCP):
• Prior to demolition, contractor must develop a Water Pollution Control Plan (WPCP)and install Best Management Practices (BMPs) to prevent abatement and demolition runoff water from entering storm drains and control all water run off to storm drain inlets.
• Contractor shall clean any existing debris from storm drains and in the street by wetting down thoroughly prior to removal. Residual water shall be removed by vacuumed shall be done using HEPA filtered equipment.
• Contractor shall incorporate into the WPCP a BMP to install a minimum 6 mil plastic barrier material under grates and place waddles/berms around the covered grates to prevent contaminated water from entering the storm drain system.
• Contractor shall incorporate into the WPCP a BMP to install a minimum of 6 mil plastic under and over waddle system inside the sidewalk curb to prevent water from entering the street.
• Runoff water shall either be:
o Collected, placed in Frac (Baker) tanks
o Double filtered through a 5-micron water filter and placed in secondary container for sampling and testing by a Certified Industrial Hygienist (CIH) o Upon CIH approval of sample cleanliness released into City sanitary sewer systems.
o All residual solids to be disposed of as hazardous waste or:
o Vacuumed and put into appropriate containers and transported and disposed of as hazardous wastewater.

Hotel Marysville Emergency Abatement and Demolition Project DEBRIS REMOVAL:
• All Regulated Asbestos Containing Material (RACM) and Resource Conservation and Recovery Act (RCRA) regulated waste (e.g.: light tubes/ ballasts/ PCBS/ etc.) shall be handled, processed, and disposed of per applicable Local, State and federal regulations.
• Contractor shall assume waste is RCRA regulated waste to be to be disposed of at a permitted facility unless otherwise verified to be a lesser waste by a Certified Industrial Hygienist (CIH)
• All waste bins to be fully wrapped in 10-mil reinforced poly prior to shipment • Contractor shall provide all transportation and disposal. • Contractor shall sort and load construction debris in wet condition with no visible emissions. All material must be appropriately wrapped/contained/secured per local, state and federal requirements and as specified in the Contractor’s work plan. • All loads must be tagged and manifested for disposal. Manifests must be completed prior to the removal of debris from site.

TRAFFIC CONTROL, SAFETY, AND SECURITY:
• Perimeter fencing is currently provided by the City to maintain a safe zone to prevent harm/damage to the public from potential building failure as prescribed by Structural Engineers. The City will be responsible for maintaining this perimeter during construction
• Contractor must determine safe operating distances and provide necessary safeguards to prevent harm/damage to the public during abatement and demolition.
• Contractor shall provide portable restrooms/ hand washes/emergency washdown facilities for worksite employees as required by local, state and federal regulations. • Contractor shall provide adequate security to protect the site and its equipment from trespassing, theft, or damage.
• If work is to be performed outside of the existing perimeter, contractor to provide a traffic control plan to the City and Caltrans for approval 10 days in advance commencement of work. Work shall not be started until encroachment permits from the City and Caltrans are secured.
• Contractor is not responsible to clean any fire debris outside the project limits. • The city shall provide the ROW on 5th street between D street and E street for staging, parking, demolition and stockpiling.

Hotel Marysville Emergency Abatement and Demolition Project REGULATORY REQUIREMENTS:

Contractor shall adhere to all applicable local, state and federal regulations including but not limited to:

1. 29 CFR, Subtitle B, Chapter XVII, Subpart Z - Toxic and Hazardous Substances

2. 40 CFR Chapter 1, Subchapter C - Air Programs

3. 40 CFR Chapter 1 Subchapter I - Solid Wastes

4. 49 CFR, Subtitle B, Chapter I, Subchapter C - Hazardous Materials Regulations California Code of Regulations

1. 8 CCR, Chapter 4 - Division of Industrial Safety

2. 17 CCR, Division 1, Chapter 8 Accreditation, Certification and Work Practices for Lead-Based Paint and Lead Hazards

3. 22 CCR, Division 4 - Environmental Health

4. 23 CCR - Waters

5. 26 CCR - Toxics
Hotel Marysville Emergency Abatement and Demolition Project PART 5 CONTRACT DRAWINGS
(BOUND SEPARATELY)
Hotel Marysville Emergency Abatement and Demolition Project PART 5 CONTRACT DRAWINGS
(BOUND SEPARATELY)

OF SHEETS
SHEET

CITY OF MARYSVILLE
DRAWING No.

CHECKED BY:

DRAWN BY:DESIGN BY:

STAFF
DATE OF PLANS:
1 VAK
07-24-24
JSM
1204 ESTREET STAFF 24-03 MARYSVILLE,
CA 95901(530) 742-6485
APPROVED:

CITY OF MARYSVILLE
1 D-1

D STREET
40' 0 10'

GRAPHIC SCALE
20' 40' 80'
20' K-RAIL WITH 8' CHAIN-LINK

FENCE ON TOP

TURN LANE CLOSED

PROJECTLIMITS

E STREET HIGH STREET D STREET

E STREET HIGH STREET
5TH STREET
5TH STREET

EDGE OF HIGH

STREET ROW
PROPERTY LINE EDGE OF SR70 /

E STREET ROW
EDGE OF 5TH

STREET ROW

HOTEL MARYSVILLE EMERGENCY

ABATEMENT AND DEMOLITION PROJECT
Hotel Marysville Emergency Abatement and Demolition Project Page | 1-1

CITY OF MARYSVILLE - INVITATION TO BID (ITB)
The following invitation for bid involves all engineering of the building and foundation, labor and materials for the construction of :

HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT Sealed proposals will be received and submitted to the City Clerk’s office at 526 C Street, Marysville CA until 4:00 PM local time on July 26th, 2024, at which time and place they will be read out loud.

TENTATIVE CITY SCHEDULE:

Bid Publication July 24th, 2024
Cutoff for Pre-Bid RFIs no later than 2 P.M. July 25th, 2024 Bids Due / Bid Opening no later than 4 P.M. July 26th, 2024 Award of Contract August 2nd, 2024
No Pre-Bid Site Meeting
Project construction cost estimate: $2,000,000
This is not a Federal Aid project.

1. Completion of Work: All work shall be completed within sixty (60) [Calendar] days from the date designated on the Notice to Proceed.

2. Obtaining Contract Documents: Contract documents including the complete Invitation to Bid package are available for downloading free of charge through the City’s Website system at https://www.marysville.ca.us/bids-rfps.The bidder must contact the City to be placed on the bidders list.

3. Amendment and Cancellation: The City reserves the right to amend, cancel, or reissue this bid at any time and at its sole discretion. Any amendment shall be in writing and posted to the City's website. A potential Bidder is solely responsible for either contacting the City to receive or checking the City website for notifications and shall be solely responsible for complying with such notifications.

4. Questions: Project-specific questions must be submitted through the contact listed in this invitation to bid. All contractor or equal materials shall be submitted with the questions prior to bid. The City will email responses to Bidder questions to the bidders on the list. The cutoff date for submittal of questions is July 25th, 2024 by 2:00 pm local time.

5. Project Scope: The Hotel Marysville was damaged by fire and is currently preventing use of the northbound lanes on State Routes 70 and use of adjacent buildings because of safety concerns from potential collapse of the top floor. The hotel site is also blocking pedestrian traffic in the area and presenting a health risk because of the asbestos contamination from the fire debris. This project is to abate and demolish the existing structure to allow for the opening up of the adjacent right-of-way and properties.

6. Submission of Proposals: All proposals must be submitted not later than the date and time prescribed. The Bidder is wholly responsible to ensure its Bid is submitted on the Hotel Marysville Emergency Abatement and Demolition Project Page | 1-2 date and at the time and place designated for the opening of bids. Any Bid received after the time and date specified shall not be considered. Any Bid may be withdrawn prior to the scheduled time for opening bids.

Each Bid must conform and be responsive to this notice and shall be made on the official proposal forms furnished with the Contract Documents.

7. Bid Security: Bid security is not required for this proposal, but bidders are required to honor their bids for sixty (60) [Calendar] days.

8. Construction License: Bidder must possess a current “A” or “C-21” Contractor’s License with a or subcontracted “C-22” Contractor’s License issued by the State of California, at the time the Bid is submitted. Before executing the Contract pursuant to this ITB, the Contractor must hold all necessary business and professional licenses and certifications to complete the Scope of Work. The City may require any or all Bidders to submit evidence of proper licensure and certifications.

9. Contractor Registration: All Bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid.

Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

10. Wage Rates: Bidders are hereby notified that the California Department of Industrial Relations has determined the general prevailing rate of wages for each craft, classification, or type of worker needed to execute the work. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.

11. Prohibition of Respondent Terms and Conditions: A Bidder shall not submit their own contract terms and conditions in a Proposal. If a Proposal contains such terms and conditions, the City, at its sole discretion, may reject the Proposal. A Bidder may either submit Questions to gain clarification on a term of the City's standard contract or submit proposed revisions to the City's standard contract in redline as part of the Proposal Transmission Letter, both pursuant to the terms of this ITB.

12. Joint Ventures and Partnering: A Proposal from joint ventures or entities partnering for a specific service must be designed to minimize any administrative burden on the City as a result of the participation of multiple entities. Joint proposals must adhere to the following:

A. The Proposal shall respond to each section and subsection of this ITB.

B. The Proposal shall clearly set forth the respective responsibilities and functions that each Principal of the joint venture or partnering entities would perform if awarded a Contract pursuant to this ITB.

C. The Proposal must include a copy of the joint venture or partnering agreement(s) that identify the Principals involved, as well as their rights and responsibilities regarding the Contract pursuant to this ITB.

D. The Proposal Transmittal Letter must be signed by each Principal of the joint venture and include all required information.

13. Proposal of Alternate Services: A Proposal for alternate services (i.e., proposals that offer something different from that requested by the ITB) will be considered nonresponsive and rejected.

Hotel Marysville Emergency Abatement and Demolition Project Page | 1-3

14. Proposal of Additional Services: A Proposal may indicate and offer services in addition to those required by this ITB. These additional services may be added to the Contract, at the sole discretion of the City. The cost for any such additional services shall be mutually agreed upon by the Contractor and the City, and incorporated into the Contract before execution, but not used for basis of award of the contract.

15. Severability: If any provision of this ITB is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the City and Bidders shall be construed and enforced as if the ITB did not contain the particular provision held to be invalid.

16. Disclosure of Proposal Contents: All Proposals and other materials submitted to the City related to this ITB shall become the property of the City. Selection or rejection of a Proposal does not affect this right. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation and selection process. Upon the completion of the evaluation and selection process, or by rejection of all Proposals, the Proposals and shall be open for review by the public to the extent required by the California Public Records Act, Government Code section 6254 et seq.. By submitting a Proposal, a Bidder acknowledges and accepts that the contents of the Proposal and associated documents shall become open to public inspection.

Portions of a Proposal exempt from public disclosure by law may be protected from public disclosure by the City. A Bidder is required to clearly label such portion of a Proposal "CONFIDENTIAL" and list the grounds for non-disclosure. In doing so, the Bidder thereby agrees to indemnify and defend the City from any action arising from the non-disclosure of the information. The failure to so label any information shall constitute a complete waiver of all claims for damages caused by or related to any release of the information.

17. Conflict of Interest and Restrictions: By submitting a Proposal, the Bidder certifies that no amount shall be paid directly or indirectly to an employee or official of the City as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Bidder in connection with the procurement under this ITB.

18. Proprietary Information: A copy of each Proposal shall be retained for official files and will become public record after the award of a contract unless the Proposal, or specific parts of the Proposal, can be shown to be exempt by law. Each Bidder may clearly label any part of a Proposal as "CONFIDENTIAL." In doing so, the Bidder thereby agrees to indemnify and defend the City for withholding the information from public inspection. Failure to label information shall constitute a complete waiver of all claims for damages caused by or related to any release of the information.

If a public records request for appropriately-labeled information is received by the City, the City will endeavor to notify the Bidder of the request and delay access to the material until seven (7) working days after the City’s notice. Within that time delay, it will be the duty of the Bidder to act in protection of its labeled information. Failure to so act shall constitute a complete waiver.

19. Rejection of Bids: The City reserves the right, at its sole discretion, to reject any and all Proposals, no matter their level of responsiveness, or to cancel this ITB in its entirety. A Bidder must comply with all of the terms and instruction of this ITB, and all applicable state and local laws and regulations. Any Bidder that does not meet the requirements of this ITB may be considered to be nonresponsive and rejected. A Bidder may not restrict the rights of the City or otherwise qualify a Proposal. If a Bidder does so, the City may determine the Proposal is a nonresponsive counteroffer, and the Proposal may be rejected. The City reserves the right, at its sole discretion, to waive variances in a Proposal, provided such action is in the best interest Hotel Marysville Emergency Abatement and Demolition Project Page | 1-4 of the City. Where the City waives variances in a Proposal, such waiver does not modify the ITB requirements or excuse the Bidder from full compliance with the ITB. Notwithstanding any variance, the City may hold any Bidder to strict compliance with the ITB.

20. Disqualification of Bidder: If there is a reason to believe that collusion exists among any Bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.

21. Relief of Bidder: Attention is directed to the provisions of Public Contracts Code section 5101 and the following, concerning relief of Bidders and in particular to the requirements therein that if the Bidder claims a mistake was made in its bid, the Bidder shall give the City written notice, within five (5) days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.

It shall be mandatory for the Contractor and any Subcontractor under it to pay not less than the said specified rates to laborers and workmen employed by them in the execution of the Contract.

22. Award: The award shall be made to the lowest responsible Bidder for the Bid Schedule A or Alternate Bid Schedule A whose proposal complies with the specified requirements. The award of the Contract will be made by the Marysville City Council, and the Contractor shall execute the Contract within ten (10) days after it has received the Contract from the City. The City reserves the right to waive any irregularity in the proposals. No Bid may be withdrawn for a period of sixty (60) days after the opening of bids.

23. Bonds: The successful Bidder will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price.

24. Preconstruction Conference: A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates, and signed agreement in proper form as required in the invitation to bid, Bid proposal, and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

25. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

By:

John Mallen, Consultant City Engineer
07/24/24
CITY OF MARYSVILLE July 25, 2024
HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT Addendum No. 1 CONTRACT NO. 24-03 Page 1 of 5

THE CITY OF MARYSVILLE

MARYSVILLE, CA
ADDENDUM NO. 1

HOTEL MARYSVILLE

EMERGENCY ABATEMENT AND DEMOLITION PROJECT
CONTRACT NO. 24-03
The purpose of this Addendum No. 1 is to notify Bidders of clarifications to the Project Plans for the above project. This Addendum shall be attached to and become a part of said Contract Documents. THIS

ADDENDUM SHALL BE SIGNED BY THE BIDDER, DATED AND SUBMITTED WITH THE PROPOSAL FOR THE PROJECT.

Questions and Responses:

1. Question: Are there any reports on the structure and asbestos material available? Response: There is a fire damage structural assessment report from Wiss, Janney, Elstner Associates, Inc. (WJE) and an asbestos survey and hazard abatement plan prepared Adam labs Inc. for the City. Attached are copies of those plans.

2. Question: Specifications reference ACM only, can we confirm that there is no lead painted items in the structure?
Response: There were no lead paint items identified in the Adams report.

3. Question: Please provide any/ all drawings available.

Response: The attached reports are the only information available. There are not asbuilt plans for the structure.

4. Question: For the basement walls/ foundations, please pricing an assumed thickness for bid purposes if not as-built are available.

Response: There is not information available. For bidding purposes assume one foot thickness on the basement walls and 2 foot thick on the foundation.

5. Question: Please confirm if water meter will be provided by the city at no charge to contractor.

Response: The City is not the water purveyor, it is California Water Service and per General condition 5.12 (f) “Water shall be supplied the contractor if ordered by the Engineer for the alleviation or prevention of dust nuisance as provided in the Contract Documents. Any water obtained from a fire hydrant within the City of Marysville shall be subject to a fire hydrant permit issued by California Water Service and associated fees”. The cost for the water shall be included in the lump sum costs for the abatement and demotion items.

6. Question: Bid Schedule A requests pricing for abatement of the building prior to demolition.

Has the building been deemed safe to enter? IF so, please provide the statement from the structural engineer.

Response: Per the WJE, the Structural Engineer’s report. “We understand there is potentially an interest in entering the building to abate existing hazardous materials. The topstory masonry walls must be stabilized prior to anyone entering the building. If the walls were to CITY OF MARYSVILLE July 25, 2024
HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT Addendum No. 1 CONTRACT NO. 24-03 Page 2 of 5

fall inward prior to stabilization, the weight could potentially overload the fifth-floor slab, subsequently causing a progressive failure of the gravity system. We believe that the floor framing is relatively intact and is sufficient to support limited occupancy loads from people and limited light equipment (equipment that can be carried by hand by a single worker), with the exception of the area shown in Figure 18. If abatement work requires large equipment, we recommend that scaffolding be erected adjacent to the building and any equipment be supported on the scaffolding. Note that significant nonstructural and fall hazards also exist within the building, as described above. These hazards would need to be understood by and mitigated through proper planning and use of personal protective equipment. Additionally, care should be taken when walking on any of the elevated floors as there could be openings in the floor that are hidden by debris. Prior to any abatement work, we recommend either cordoning off or shoring the second floor between the elevators and the largest skylight at the one-story portion of the building (Figure 18), where the most damage was observed to the concrete framing.”

7. Question: If the building has been deemed safe for entrance, how do we access the upper floors for abatement? Per Cal-OSHA, any structure over 36’ must have a construction elevator installed.

Response: Determining the method of access is the contractor’s responsibility and part of the reasoning for the two options for demolition methods to which is more cost effective. If a construction elevator is determined necessary by the contractor it would be included in the abatement and / or demolition lump sum cost.

8. Question: Per the debris removal section, 2nd bullet point, it states that waste shall be assumed RCRA until further testing is completed, but Schedule A says all waste shall be RACM. Please confirm which waste stream we are to assume for bidding purposes.

Response: The bullet point is superseded by the report testing and demotion method and for bidding purposes assume the waste is RACM. If any unique items are encountered like those listed (light tubes/ ballasts/ PCBS/ etc.), they will need to be treated as RCRA until tested.

9. Question: If RCRA is assumed, please confirm all personal employed by contractor to have, at minimum, CDPH lead training
Response: See attached hazardous report. All abatement personal would be required to have training until the material is removed or the testing of the material indicates otherwise.

10. Question: Has the city of Marysville discussed a variance to wreck the ACM in place with Feather River AQMD yet?
Response: FRAQMD is a non-regulated air district regarding the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) for renovation or demolition. US EPA Region 9 has jurisdiction. Alternatives have been discussed with US EPA and they are reflected in the two alternative methods. FRAQMD only requires a Fugitive Dust Control Plan.

11. Question: Please confirm contractor to hire the CIH directly, typically this is done by the owner as it is sometimes deemed a conflict of interest.

Response: The Contractor is to hire the third party CIH. Due to the short duration of the project, the city would like the contractor to directly coordinate with the CIH to streamline scheduling and testing. The City may still hire an CIH for consultation if there are any issues.

CITY OF MARYSVILLE July 25, 2024
HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT Addendum No. 1 CONTRACT NO. 24-03 Page 3 of 5

12. Question: Do the basement walls/foundations extend under any public sidewalks or other improvements that would require shoring/bracing/replacement? If so, can the basement walls in the areas where they are supporting any improvement that need to be protect get chipped down and remain in place in order to protect such improvements? Response: The foundations may extend beyond the property line. If that is encountered, they may be chipped down a minimum of 2’ below the adjacent grade and remain in place.

13. Question: Is the contractor responsible for providing compaction testing during backfill operations?
Response: Yes, the contractor is responsible for providing the compacting testing from a qualified independent certified soils lab.

14. Question: Has the gas service riser and all other service lines to the building been removed or are there any in place that need to be protected?
Response: The only active utility service to the building prior to the fire was a small electrical panel. There may be sewer and storm drain connections encountered during demolition that will need to be removed to the property line and caped.

15. Question: The two bid options requested are confusing. Please clarify the actual difference between abating before demo and demo/abatement together. Based on the statements in the documents it appears there is only one way to demo the structure since it states to assume the building contains friable asbestos. Unless the city has determined that the structure is stable for asbestos workers to enter the building and remove the asbestos containing materials, the entire building will have to be demoed as RACM.

Response: See attached responses above and provided reports. There are measures to make the building safe abate prior to demolition to allow for option 1. There are two bid options because the city is interested in the most cost-effective demolition of the structure and the measures required for option may make it more costly.

16. Question: Please describe this Bid Schedule A Item (#13): Backfill and Compaction of Removal Excavation
Response: After the basement and foundation is removed as described in the technical specifications and above responses, the hole is required to be backfilled with imported soils or aggregate based material, so the site is flush with the adjacent grades. The material shall be placed in lifts and tested to meet the specified compaction. The material shall be clean of debris and any contaminates. The contractor is responsible for securing the material, hauling it to the site, compacting the material, and hiring and independent soils lab to perform the compaction. A submittal of the material to be used is to be provided to the city prior to importing.

17. Question: For Bid Schedule A, are we assuming all concrete and brick is clean? Response: Yes, it is assumed to be clean after the surface abatement.

18. Question: Please confirm there is no off-site demo (sidewalk, AC).

Response: The is no required off-site demo, but any items damaged or removed as part of the contractors means and methods will need to be replaced at the contractor’s expense.

CITY OF MARYSVILLE July 25, 2024
HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT Addendum No. 1 CONTRACT NO. 24-03 Page 4 of 5

19. Question: What is the basement depth?
Response: See attached conceptual plans for the remodel for more information on the basement. The approximate depth is 10 feet.

20. Question: Is the intent to backfill the entire basement to street grade? Response: Yes, and the contractor will have to develop a temporary means of access for demolition and backfilling the area.

21. Question: Is the 60 calendar days duration able to be adjusted to a higher count for Alternate Bid Schedule A?
Response: No.

22. Question: What are the hours of work for M-F and are both Saturdays and Sundays acceptable 8- 12- or 24-hour work days?
Response: The typical working hours are 7 am to 5 pm Monday through Friday. The contractor may request working additional hours outside this range to complete the project at their own expense.

23. Question: Bid Schedule A completed in 60 days would be impossible if abatement were to occur first and normal working hours. Could the duration for the 2 options be different? Response: No, the duration is set because of the significant impact on the community from the structure hazard. The City has the two alternatives to try and get the work completed as cost effective as possible within that duration.

24. Question: If Alternate Bid Schedule A is selected, will time to engineer and install shoring/scaffold be accounted for in the 60-days?
Response: The notice to proceed / start of the contract days coincides with the EPA approval of the work plan. It assumed that any design for shoring or access structure would be completed during this period and no additional time is allowed.

25. Question: Should we assume concrete floors have asbestos mastic? Response: See attached report for findings.

26. Question: Should we assume basement walls and slab have asbestos waterproofing? Response: There is material containing asbestos within the basement which may include coating on the walls.

Attachments:

WJE fire damage structural assessment report, Adam labs Inc. asbestos survey and hazard abatement plan, and previously submitted plans for remodeling the structure CITY OF MARYSVILLE July 25, 2024
HOTEL MARYSVILLE EMERGENCY ABATEMENT AND DEMOLITION PROJECT Addendum No. 1 CONTRACT NO. 24-03 Page 5 of 5

BIDDER: PREPARED BY:

NAME CITY OF MARYSVILLE
DATED: July 25, 2024

ADDRESS

SIGNATURE
Bid opening date and time are not changed
DATE: by this Addendum No. 1

Marysville City CouncilNovember 22, 2024

Marysville City Council
November 22, 2024