CONTRACT
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
THIS CONTRACT, made and entered into the 16th day, of September 2024, by and between the City of Murrieta, a municipal corporation, hereinafter referred to as "CITY,” and Applied Building Services, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Special Provisions entitled CITY OF MURRIETA, Insurance Forms, this Contract, and all modifications and amendments thereto, and the latest version of the Standard Specifications for Public Works Construction, Parts 1 through 6, with the exception of Section 307, "Street Lighting and Traffic Signals," and the addition of the Standard Specifications, Department of Transportation, State of California State Standard Specifications, Section 86, "Signals, Lighting and Electrical Systems," and Section 56, "Signs," dated May 2006.
The Plans consist of:
PLANS FOR THE CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT: CIP Project No. 10027 Copies of the Standard Specifications for Public Works Construction are available from the publisher:
Building News, Inc. (BNi)
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
www.bnibooks.com
The aforementioned Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract.
In case of conflict between the Standard Specifications for Public Works Construction or State Standard Specifications, and the remaining Contract Documents, the remaining Contract Documents shall take precedence over and be used in lieu of such conflicting portions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used.
Unless otherwise specified, CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform the work as shown on the Contract Drawings, shall furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the completion of the following project:
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay the Contractor the amount of $130,335 for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
CONTRACTOR agrees to complete the work on CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT in a period not to exceed Thirty (30) working days per Section 6-7 of the Standard Specifications for Public Works Construction, commencing upon the date stated in the Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager or his designee is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed fifteen (15) percent of this Contract amount and the City Manager or his designee shall notify City Council in a public meeting if changes or additions to the work exceed ten (10) percent of this Contract amount.
6. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9-3.2 of the Standard Specifications for Public Works Construction is hereby deleted and replaced with the following:
The closure date for the purpose of making partial progress payments will be the last day of each month. CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to CITY for approval by the tenth (10th) day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full five percent (5%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.
Upon completion of the work, CONTRACTOR shall so notify Engineer, in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT." Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to CONTRACTOR. Final determination of acceptability shall be made by CITY. Upon acceptance of the work, CITY shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that CITY files a Notice of Completion. CITY shall make final payment to CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion.
The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe.
7. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of seven hundred dollars ($700) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
8. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnify agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Murrieta. CONTRACTOR shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract.
10. WORKERS' COMPENSATION LIABILITY INSURANCE. CONTRACTOR, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code that requires every employer to be insured against liability for Workers' Compensation or 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."
11. TIME OF THE ESSENCE. Time is of the essence in this Contract.
12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless, and defend CITY, its officers, employees, and agents against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of CITY.
13. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
14. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.
15. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparer of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his employ has been employed by CITY within one (1) year of the date of Notice Inviting Bids.
16. CONTRACTOR'S AFFIDAVIT. After completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provisions of the laws of the State of California.
17. SIGNATURE OF CONTRACTOR
Corporations:
The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office.
Partnerships:
Names of all persons comprising the partnership or co-partnership must be stated. Bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.
Joint Ventures:
Bids submitted as joint ventures must so state and be signed by each joint venturer.
Individuals:
Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
18. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by CITY to ensure performance under the Contract.
At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office.
19. RESOLUTION OF CLAIMS. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the Parties. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
Supporting Documentation. The Contractor shall submit all claims in the following format:
Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.
Chronology of events and correspondence related to the claim.
Statement of grounds for the claim.
Analysis of the claim’s cost, if any.
Analysis of the claim’s time/schedule impact, if any.
City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement.
If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual Contract of City and the Contractor.
The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 calendar days of receipt of the City’s response or within 15 calendar days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute.
Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calendar days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
Within 60 calendar days, but no earlier than 30 calendar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both Parties. If the Parties fail to select a mediator within the 15-day period, either Party may petition the court to appoint the mediator.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other Party arising out of the trial de novo.
20. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY.
21. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of CITY.
22. UTILITY LOCATION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
23. REGIONAL NOTIFICATION CENTERS. CONTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
24. TRENCH PROTECTION AND EXCAVATION. CONTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
A. CONTRACTOR shall, without disturbing the condition, notify CITY, in writing, as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
(1) The presence of any material that CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or (3) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
C. CITY shall promptly investigate the reported conditions. If CITY, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order.
D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
25. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
26. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
27. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California.
28. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of CONTRACTOR as set forth in the Contract Documents, and to CITY addressed as follows:
Robert Moehling, P.E.
Director of Public Works / City Engineer
City of Murrieta
1 Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED:__________________ CONTRACTOR:
By:_____________________________________________
________________________________________________
Print or type NAME
________________________________________________
Print or type TITLE
________________________________________________
Phone Number
By:_____________________________________________
________________________________________________
Print or type NAME
________________________________________________
Print or type TITLE
________________________________________________
Phone Number
DATED:__________________ CITY OF MURRIETA
By:_____________________________________________
Kim Summers, City Manager
APPROVED AS TO FORM:
___________________________
Tiffany Israel, City Attorney
ATTEST:
___________________________
Cristal McDonald,City Clerk
BOND NO. _______________________
LABOR AND MATERIALS BOND
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Murrieta has awarded to
CONTRACTOR
CONTRACTOR’S ADDRESS,
hereinafter called "Contractor," a contract for the work described as follows:
hereinafter called "Contract," and
WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and _____________________________________________________________________________________ _____________________________________________________________________________________
FILL IN NAME AND ADDRESS OF SURETY
duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Murrieta, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Contract and referred to in Title 15 of the Civil Code, in the penal sum of _______________________________________________________________________ dollars and _______________________ cents ($_______________________), lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by the said City of Murrieta under the terms of the Contract, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his or 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 under the Contract to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Chapter 7 of Title 5 of Part 4 of Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Civil Code, Surety shall pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, Surety will pay costs and reasonable expenses and fees, including reasonable attorney's fees to be fixed by the Court.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, and shall also cover payment for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or his or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code.
Surety 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 to the specifications accompanying the same, shall in any way affect its obligations on this bond. Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on ________________________, 20___. (Seal)
SURETY CONTRACTOR
By: _______________________________
By: _______________________________
___________________________________
___________________________________
(Name)
(Name)
___________________________________
___________________________________
(Title)
(Title)
By: _______________________________
APPROVED AS TO FORM:
___________________________________
(Name)
___________________________________
___________________________________
Tiffany Israel, City Attorney
(Title)
BOND NO. _______________________
PERFORMANCE BOND
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
THAT, WHEREAS, the City of Murrieta, State of California, entered into a contract dated _______________________, 20___, hereinafter called "Contract," with ContractOR
ContractOR’S ADDRESS
hereinafter called "Principal," for the work described as follows:
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, WE, the Principal, and
_____________________________________________________________________________,
FILL IN NAME AND ADDRESS OF SURETY
duly authorized to transact business under the laws of the State of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of Murrieta in the penal sum of ______________________________________________ dollars and _______________ cents ($_______________________), lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract, and in any alteration thereof made as therein provided, on his or its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Murrieta, 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 part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Murrieta in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the Contract, or to the work to be performed thereunder, or to 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 to the Specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on ________________________, 20___. (Seal)
SURETY PRINCIPAL
By: _______________________________
By: _______________________________
___________________________________
___________________________________
(Name)
(Name)
___________________________________
___________________________________
(Title)
(Title)
By: _______________________________
APPROVED AS TO FORM:
___________________________________
(Name)
___________________________________
___________________________________
Tiffany Israel, City Attorney
(Title)
MAINTENANCE BOND
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
KNOW ALL PERSONS BY THESE PRESENTS THAT:
a _________________________________________________, hereinafter called "Principal," and (fill in whether a Corporation, Partnership, or Individual) ______________________________________________________________________________ _____________________________________________________________________________,
FILL IN NAME AND ADDRESS OF SURETY
hereinafter called "Surety," are held and firmly bound unto the City of Murrieta, a municipal corporation, hereinafter called "City," in the penal sum of ________________________________ __________________________________________ dollars and _____________________ cents ($_______________________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas Principal entered into a certain Contract with City, dated the ______________ day of __________________, 20___, a copy of which is hereto attached and made a part hereof for the construction of:
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
WHEREAS, said Contract provides that Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final payment on said job, by the City, against all defects in workmanship and materials that may become apparent during said period; and WHEREAS, the said Contract has been completed, and was approved on ___________, 20__.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one (1) year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void.
Signed and sealed this _________________________ day of ____________________, 20___. (Seal)
SURETY PRINCIPAL
By: _______________________________
By: _______________________________
___________________________________
___________________________________
(Name)
(Name)
___________________________________
___________________________________
(Title)
(Title)
By: _______________________________
APPROVED AS TO FORM:
___________________________________
(Name)
___________________________________
___________________________________
Tiffany Israel, City Attorney
(Title)
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
This is to certify that
FILL IN CONTRACTOR'S NAME
(hereinafter the "undersigned") declares to the City of Murrieta, hereinafter referred to as "City," under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with City with regard to the building, erection, construction, or repair of that certain work of improvement known as CITY PROJECT NO. 10027, situated in the City of Murrieta, State of California, more particularly described as follows:
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract that would constitute grounds for any third party to claim a stop notice of any unpaid sums owing to the undersigned.
Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit City and all agents and employees of City, and each of them, from any and all claims, debts, demands, or causes of action that exist or might exist in favor of the undersigned by reason of the Contract executed between the undersigned and City or that relate in any way to the work performed by the undersigned with regard to the above-referenced construction project.
Further, the undersigned expressly acknowledges its awareness of, and waives the benefits of, Section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially effected his settlement with the debtor." This release is intended to be a full and general release of any and all claims that the undersigned now has or may, in the future, have against City and/or its agents and employees with regard to any matter arising from the construction of the above-referenced project or the Contract between City and the undersigned with respect thereto, whether such claims are now known or unknown or are suspected or unsuspected.
CONTRACTOR
Dated:___________________________ By: _________________________________________ Signature
_________________________________________
Print Name and Title
PROPOSAL
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
DATE: _______________________
TO THE CITY CLERK OF MURRIETA, CALIFORNIA:
BIDDER (Firm Name) __________________________________________________________ The undersigned hereby proposes and agrees to furnish any and all materials, labor, and services for the following:
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
All in accordance with the City's Notice Inviting Bids, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above-stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein. The attached Bid Schedule is hereby made a part of this proposal.
The undersigned bidder declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other Contract Documents. If this proposal is accepted for award, bidder agrees to enter into a contract with City at the unit prices or lump-sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a contract and furnish bonds in the manner and time prescribed will result in forfeiture to City of the guarantee accompanying this proposal.
The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.
The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals, or to waive any irregularities in any proposal in the interests of City.
The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of work, but the accuracy of these figures is not guaranteed, and bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by bidder, the unit price will be considered to be the bid.
BID SHEET
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
ITEM
NO.
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
PRICE
TOTAL ITEM
PRICE
Site Preparations
LS
Surface Preparations
LS
Flashing Prep and Application Process
LS
Roof Coating Application
LS
Clean-up
LS
TOTAL BASE BID: $__________________________________
TOTAL AMOUNT OF BASE BID (WORDS): ________________________________________ ALTERNATES:
[Not Applicable]
The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid.
BID SCHEDULE
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
Addendum(a) No(s). _______________ has/have been received and is/are included in this proposal.
REJECTION OF BIDS
The undersigned agrees that City reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest.
TIME
The Contract shall be signed by the bidder and returned with the proposal. Signatures shall comply with Section 17 of the Contract. The successful bidder shall submit the Contract bonds and insurance certificate, within ten (10) calendar days after the bidder has received a Notice of Award.
BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base ____________________________________________________________________ dollars and __________________ cents ($______________________) made payable to City and the undersigned agrees that in case of his failure to execute the necessary Contract and furnish the required bonds, the certified check or surety bond, the money payable thereon, shall be and remain the property of City.
The undersigned hereby certifies that he will have an appropriate license, issued by the State of California to provide this work; that such license will be in full force and effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed.
Dated: _____________________________
CONTRACTOR
___________________________________
___________________________________
California Contractor's License No.
Signature
___________________________________
Print or Type Name and Title
___________________________________
Telephone Number
SUBCONTRACTORS LIST
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent (0.5%) of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one (1) subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent (0.5%), he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. (Identify by *Asterisk Certified DBE Contractors)
Bid Item
Number
Name of
Subcontractor - Trade
Address/
Telephone
NOTE: If alternate bids are called for, and the General Contractor intends to use different or additional subcontractors on the alternates, he must provide a separate list of subcontractors for each alternate. _____________________________________________
Signature of Bidder
STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
The bidder is required to state what work of a similar character to that included in the proposed Contract he has successfully performed, especially for public agencies, and give references that will enable City to judge his responsibility, experience, skill, and business and financial standing. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance. _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _____________________________________________
Signature of Bidder
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
The bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.
1. Have you ever been disqualified from any contract?
Yes ________ No ___________
2. If yes, explain the circumstances:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________
Signature of Bidder
NON-COLLUSION AFFIDAVIT
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
State of California )
) ss
County of _________________________________ )
_______________________________, being first duly sworn, deposes and says that he or she is __________________________________ of ________________________________________, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone, to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid.
Subscribed and sworn to before me this _______ day of __________________, 20___.
By: _____________________________________________
_______________________________ _____________________________________________ Notary Public Title
_______________________________ Date:_________________________________________
BIDDER'S AGREEMENT
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
The undersigned also agrees as follows:
FIRST: Execute the Contract and submit with the proposal in the sealed bid.
SECOND: Within ten (10) calendar days from the receipt of the Notice of Award of Contract, furnish to City, two (2) satisfactory bonds in the amounts specified in the Notice Inviting Bids guarantying the faithful performance of the work and payment of bills.
THIRD: To begin work within ten (10) calendar days after the date specified in the Notice to Proceed.
Accompanying this proposal is cash, a cashier's check, or a certified check of a bidder's bond for not less than ten percent (10%) of the total amount of the bid payable to City which is to be forfeited, as liquidated damages, if, in the event Contractor does not execute the Contract and furnish satisfactory bonds under the conditions and within the time specified in this proposal, otherwise said cash, cashier's check, certified check, or bidder's bond is to be returned to the undersigned. Within fifteen (15) calendar days after award of this Contract, City will return the bidder's bond accompanying such proposal not considered in making the award. All other bidder's bonds will be held until the Contract has been finally executed; they will then be returned to the bidders whose proposals they accompany. ___________________________________________________________________________________
BIDDER'S NAME
___________________________________________________________________________________
BIDDER'S ADDRESS
IMPORTANT NOTICE: If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual co-partners composing firm; or, if individual, state first and last names in full. ___________________________
___________________________
___________________________
Officer's Signature
Title
Date
___________________________
___________________________
___________________________
Officer's Signature
Title
Date
___________________________
___________________________
___________________________
Officer's Signature
Title
Date
Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.
GENERAL SPECIFICATIONS
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
SCOPE OF WORK
The installation of a new, Class “A” Cool Roof Rating Counsel (CRRC) compliant and Energy Star Rated White, Fluid-Applied Silicone Roofing System per manufacturer requirements, and as shown/described on the Plans, Standard Plans, and specified in these Special Provisions. The Contractor shall take care to ensure safe, uninterrupted pedestrian and vehicle access to the subject facility for the duration of the work.
The roof at the Murrieta CITY HALL totals approximately 23,000 square feet in size.
Site Specific Roofing Work
The existing roofing membrane will be cleaned and made sound prior to the application of the new Fluid-Applied Roof System.
Inspect wood decking for damage. Repair wood damage where needed.
Inspect curbs at all skylights; rebuild curbs if necessary.
Apply Sealer: General Coatings Silicone Seam Sealer or approved equivalent, Install General Coatings Ultra-Guard 5700 or approved equivalent 2.5 gal. per 100 sq. ft.
Application is to be applied according to manufacturer’s specifications.
Contractor shall prepare all surface preparations and flashing detail and curbs with sealer, micro-fiber or polyester fabric where needed. All such HVAC equipment shall be in the same working condition as it was before the roofing project, and after installation of the roof system is complete.
The new roofing material shall extend over the entire roof.
All materials and equipment shall be delivered by the Contractor to the site, or to the City yard, if removal and salvage is specified on plans.
Contractor to clean up and haul away all debris resulting from work done, at the end of each day.
Equals
References to manufacturer’s product names or trade names is intended to be descriptive, but not restrictive, and is used to only to indicate products or materials that will be satisfactory. Although materials and products are specified, bids using other materials will be considered, provided each bidder clearly states on the face of their bid exactly what is proposed to be furnished.
Unless otherwise stated in the bid, the City of Murrieta shall understand that the Bidder intends to furnish the items specified and does not propose to furnish an “equal.” The City of Murrieta hereby reserves the right to approve as an equal, or to reject as not being an equal, any product or roofing system the Bidder proposes to furnish which contains minor or major variations from the specification requirements, but which may comply substantially therewith.
For bidding purposes, any new roofing membrane shall be fully adhered to the existing roofing system. Mechanical fastening of the new roofing membrane to the existing roofing system will notbe considered as an “equal.” Warranties
Contractor shall provide a 20-year, unconditional, non-prorated warranty for labor, workmanship and materials so that the roof system will be free of leaks.
LOCATION OF WORK
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT 1 Town Square, City of Murrieta, CA 92562
TIME OF COMPLETION
Contractor shall complete all work in every detail within the time limits specified in the Instructions to Bidders, Section 18, herein.
UTILITY REQUIREMENTS
Contractor is advised of the existence of the utility notification service provided by Underground Service Alert (USA). USA member utilities will provide Contractor with the precise locations of their substructures in the construction area when Contractor gives at least two (2) working days' notice to USA by calling l-800-422-4133.
Contractor shall notify the agencies listed in Appendix A at least two (2) working days in advance of excavating around any of their structures. The utility companies listed can be contacted as applicable.
The California Public Utilities Commission mandates that, in the interest of public safety, mainline gas valves be maintained in a manner to be readily accessible and in good operating condition. Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (951) 634-3258 at least two (2) working days prior to the start of construction.
FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface, or other waters will be encountered at various times during the work herein contemplated. Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid; accordingly, and Contractor submitting a bid assumes all said risk.
Contractor shall conduct his operations in such a manner that storm or other existing waters may proceed uninterrupted along their existing street or drainage courses. Diversions of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer, are not subject to probability of damage.
Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water outside of public right-of-way will be permitted.
REMOVAL OF WATER
Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set. De-watering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above paragraph.
De-watering shall be accomplished by well points or some other method that will ensure a dry hole and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of Engineer.
Disposal of water from de-watering operations shall be the sole responsibility of Contractor. Disposal methods shall conform to the Porter-Cologne Water Quality Control Act of 1974, the Federal Water Pollution Control Act Amendments of 1972, and the California Administrative Code, Title 23, Chapter 3.
Full compensation of de-watering shall be considered as included in the Contract prices paid for the related items of work, and no additional compensation will be allowed therefor.
STANDARD SPECIFICATIONS
The Standard Specifications of City are contained in the latest edition of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. Copies of those Standard Specifications are available from the publisher:
Building News, Inc. (BNi)
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
www.bnibooks.com
The Standard Specifications for set forth above will control the general provisions for this Contract except as amended by the Plans, Special Provisions, or other Contract Documents, and the deletion of Section 307.
In case of conflict between the Standard Specifications or State Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to be used. Unless otherwise specified, Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
WAGE RATES AND LABOR CODE REQUIREMENTS
Wage Rates
Contractor and all subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773, and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the City Clerk and are available for review upon request.
Apprentices
Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project that administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules, and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
Clayton Act and Cartwright Act
Section 4551 of the State Government Code specifies that in executing a public works contract with City to supply goods, services, or materials, Contractor or subcontractors offer and agree to assign to 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 Professional Code arising from purchase of goods, services, or materials pursuant to the Contract or subcontract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgment by the parties.
SUBSTITUTION OF SECURITIES
In conformance with the State of California Public Contract Code, Section 22300, Contractor may substitute securities for any monies withheld by City to ensure performance under the Contract.
At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to Contractor upon notification by City of Contractor's satisfactory completion of the Contract.
The type of securities deposited and the method of release shall be approved by the City Attorney's office.
SPECIAL PROVISIONS
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
THE FOLLOWING SPECIAL PROVISIONS ARE TO BE USED IN CONJUNCTION WITH THE “STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK)” UNLESS OTHERWISE NOTED.
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 DEFINITIONS
[Add or replace with the following]:
Agency
-
City of Murrieta (City)
Board
-
City Council of the City
Caltrans
-
California Department of Transportation
City
-
City of Murrieta
County
-
County of Riverside
Director
-
Director of the Public Works Department, City of Murrieta, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority designated to him.
Engineer
-
Director of the Public Works Department/City Engineer, City of Murrieta, acting either directly or through his properly authorized agents, each agent acting only within the scope of authority designated to him.
Final Acceptance
-
That stage of construction and plant establishment that allows City to accept the project as completed (no punch list items remaining unresolved).
When Contractor believes the project is ready for final acceptance, he shall call for a final acceptance inspection. Director will inspect the project to verify its completion. Should there be elements that are not completed, Director will record same (final acceptance punch list) and bring them to the attention of Contractor. All punch list items must be resolved prior to final acceptance.
When, in Director's judgment, the work has been completed in accordance with the Plans and Specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder.
Federal
-
United States of America
Standard Specifications
-
Standard Specifications for Public Works Construction, latest edition State Standard Specifications
State of California, Department of Transportation, Standard Specifications, dated May 2006 R.C.W.D.
-
Rancho California Water District
R.C.F.C.D. & W.C.D.
-
Riverside County Flood Control and Water Conservation District Substantial Completion
-
That stage of construction that allows Director to occupy or use the project for its intended purpose. When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of Director, be used as the basis for determining the substantial completion date, provided that all elements of the project, other than the landscape, are substantially completed as defined above.
The substantial completion date will be determined by Director in cooperation with Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.
When Contractor believes that construction of the project is substantially complete, he shall call for an inspection. Director will inspect the total project to verify its completion by Contractor. Should there be elements of the project that are not yet completed, Director will record same (substantial completion punch list) and bring them to the attention of Contractor. All such items must be completed prior to acceptance of the project substantially complete.
In the event re-inspection of any project element results in additional cost to City for consultant or staff time, Director retains the right to withhold sufficient funds from payments due Contractor to cover the cost to City of such re-inspection.
Traveled Way
-
That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of Engineer, these diversions or restricted lanes become the traveled way.
W.M.W.D.
-
Western Municipal Water District
1-4 UNITS OF MEASURE
1-4.1 GENERAL
[Replace with the following]:
U.S. Standard Measure is the principal measurement system in these contract documents and shall be used for construction.
SECTION 2 — SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT
[Add the following]
Within ten (10) working days after the date of the Notice to Award, Contractor shall execute and return the following Contract Documents to City:
-Labor and Materials Bond
-Performance Bond
-Insurance Forms in Appendix B
-Vendors' Statements
Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee.
The Contract shall not be considered binding upon City until executed by the authorized City officials.
A corporation to which an award is made may be required, before the Contract Agreement is executed by City, to furnish evidence of its corporate existence, of its right to enter into contracts in California, and that the officers signing the Contract and Bonds for the corporation have the authority to do so. 2-5 PLANS AND SPECIFICATIONS
2-5.1 GENERAL
[Replace the first paragraph with the following]:
Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, Contractor shall return the control set to Engineer. Final payment will not be made until this requirement is met.
Adjustments to the layout of this Plan may be necessary due to the unknown existing conditions. It is Contractor's responsibility to retain the design intent. If a layout discrepancy should occur, Contractor is to contact City's representative. 2-5.3 SUBMITTALS
[Add the following]:
Contractor shall submit the following submittals in addition to those identified in the Special Provisions:
No.
Submittal
Section Reference
1 Fluid Applied Silicone Roofing Material and Appurtenances 2 Coatings
3 Pipe Supports
2-6 WORK TO BE DONE
2-6.1 CITY-FURNISHED MATERIALS
Materials will not be furnished by the City on this project.
Note: All materials and equipment shall be furnished by the Contractor.
SECTION 3 — CHANGES IN WORK
3-3 EXTRA WORK
3-3.2.3 MARKUP
[Add the following as the first paragraph]:
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order and pickups or yard trucks used by the above personnel. These costs shall not be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed. 3-3.2.3 (a) Work by Contractor
[Add the following]:
The Contractor’s markup to the Contractor’s costs as determined under 3-3.2.2 shall not exceed 13% and shall constitute the markup for all overhead and profit on work by the Contractor. 3-3.2.3 (b) Work by Subcontractor
[Add the following]:
The Contractor’s markup to the Subcontractor’s costs and markup shall not exceed 5% and shall constitute the markup for all overhead and profit for the Contractor on work by the Subcontractor.
SECTION 5 – UTILITIES
[Add the following section]:
5.6.1 FACILITY COORDINATION
The Contractor shall ensure that the designated CITY HALL Representative protect and/or relocate their roof mounted equipment and facilities that are in conflict with the Project. The Contractor shall provide sufficient time in the construction schedule to allow for the completion of all equipment relocations that are necessary to avoid conflicts with the construction of the contract work.
Full compensation for coordinating efforts with the CITY HALL Representative and their contractors, labor, equipment and materials, down time, and any other activity that may pertain to coordinating utility and equipment relocations shall be included in the contract lump sum price bid for Communication Equipment Coordination and no additional compensation will be allowed therefor. Extra time may be allowed to the contractor in the event of the CITY HALL delaying relocation.
SECTION 6 — PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
[Replace with the following]:
Contractor's proposed Construction Schedule shall be submitted to Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed, Engineer will schedule a pre-construction meeting with Contractor to review the proposed Construction Schedule and delivery dates, arrange for relocation of existing communication equipment, discuss construction methods, and clarify inspection procedures.
Contractor shall submit periodic Progress Reports to Engineer by the tenth (10th) day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION
6-7.1 GENERAL
[Add the following]:
The time for completion shall be as set forth in the Instructions to Bidders herein, if not identified in the contract. 6-7.2 WORKING DAY
[Replace with the following]:
Contractor's activities shall be confined to the hours between 7:00 a.m. and 4:30 p.m., Monday through Friday, excluding City designated holidays. Deviation from these hours will not be permitted without the prior consent of Engineer, except in emergencies involving immediate hazard to persons or property.
In the event of either a requested or emergency deviation, inspection service fees will be charged against Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due Contractor. 6-9 LIQUIDATED DAMAGES
[Replace the last sentence of the first paragraph with the following]:
Liquidated damages shall be as set forth in the Contract. [Delete the second paragraph in its entirety.]
SECTION 7—RESPONSIBILITIES OF CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES
[Add the following]:
A noise level limit of 86-dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-2 LABOR
7-2.2 LAWS
[Add the following]:
Contractor, and all subcontractors, suppliers, and vendors shall comply with applicable City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.
Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-5 PERMITS
[Add the following]:
Prior to the start of any work, Contractor shall take out the applicable City permits and make arrangements for City inspections. Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. 7-8.6 WATER POLLUTION CONTROL
[Add the following]:
This project is subject to the requirements of the National Pollutant Discharge Elimination System (NPDES) and the associated Construction General Permit (CGP) No. 2009-0009-DWQ and subsequent amendment No. 2010-0014-DWQ issued by the California State Water Resources Control Board (SWRCB). This permit regulates storm water discharges associated with construction activities. Copies of the permit can be obtained from the SWRCB website at www.waterboards.ca.gov. The Contractor shall fully inform itself of the conditions of the CGP which govern its operations and shall conduct its construction operations accordingly. Specifically, the Contractor shall comply with the CGP’s discharge prohibitions and receiving water limitations.
The Contractor shall allow authorized agents of the City, SWRCB, Regional Water Quality Control Board (RWQCB), United States Environmental Protection Agency (EPA), local storm water management agency, and other applicable state or federal agencies upon the presentation of credentials and other documents as may be required by law, to:
Enter, at reasonable times, upon the construction site and the Contractor’s facilities pertinent to the work.
Have access to and copy, at reasonable times, any records that must be kept as specified in the CGP, SWPPP, and these Special Provisions.
Inspect, at reasonable times, the construction site and related erosion and sediment control measures.
Sample or monitor, at reasonable times, for the purpose of ensuring compliance with the CGP, SWPPP, and these Special Provisions.
Conformance with the requirements of this section shall in no way relieve the Contractor from its responsibilities, as provided in Section 7-1.11, “Preservation of Property,” and Section 7-1.12, “Responsibility for Damage,” of the State Standard Specifications.
The Contractor shall be liable for any violations of the CGP issued to the City as a direct result of the Contractor’s failure to comply with the CGP, SWPPP, and these Special Provisions. 7-8.6.4 DEWATERING
[Add the following]:
Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor. 7-8.6.5 PAYMENT
[Add the following]:
Full compensation for conforming to the requirements in Section 7-8.6 “Water Pollution Control” and these special provisions shall be considered as included in the contract prices paid for “Erosion Control” and no additional compensation will be made therefor.
Payment for dewatering shall be considered as included in the Contract Unit Price for each item in the bid necessitating dewatering. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Add the following after the second paragraph]:
Protect existing building, paving, and other services or facilities on-site and adjacent to the site from damage caused by site work operations. Cost of repair and restoration of damaged items shall be at Contractor's expense.
The quality of construction is the responsibility of Contractor. 7-10 PUBLIC CONVENIENCE AND SAFETY
[Add the following]:
Contractor shall maintain safe access around the work area to the subject public facilities for all persons otherwise utilizing the public areas around and below the facility subject to improvement. . 7-10.1 TRAFFIC AND ACCESS
[Add the following paragraphs]:
The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.09, “Public Safety,” of the State Standard Specifications and these special provisions.
Attention is directed to Section 12, “Construction Area Traffic Control Devices,” of the State Standard Specifications and to these Special Provisions.
Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.
When entering or leaving roadways carrying public traffic, Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
Maintaining traffic shall conform to the provisions in 7-1.02, "Load Limitations"; 7-1.06, "Safety and Health Provisions"; 7-1.08, "Public Convenience"; 7-1.09, "Public Safety"; and Section 12-3.04, "Portable Delineators," of the State Standard Specifications, and these Special Provisions.
All existing traffic control signs and street name signs shall be maintained in visible locations as directed by City Engineer.
The contractor shall conduct his operation in such a manner that traffic will be able to pass through the work and access existing businesses with as little delay as possible.
All warning lights, signs, flares, barricades, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by Contractor.
All signs shall conform to and be placed in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD) and associated California Supplements as issued by CalTrans. Traffic control devices shall be new or like-new condition. Traffic control devices that are bent, faded, illegible or otherwise damaged as determined by the City Engineer shall be promptly replaced. All construction signs shall be either covered or removed when not required by the nature of the work, or if no present hazard to the motorists exists.
No payment for extra work will be allowed for work performed as specified in Section 12-2.02, "Flagging Costs," of the State Standard Specifications.
The Contractor shall provide and maintain a minimum of one 11-foot wide paved traffic lane for use by public traffic in each direction of travel at all times throughout the project. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and City designated legal holidays, and Monday through Friday when construction operations are not in progress.
Personal vehicles of Contractor's employees may not be parked on the shoulders of any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed. Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.
The Contractor shall notify local authorities of the Contractor's intent to begin work or rerouting of traffic at least ten (10) days before work is begun.
The Contractor shall provide a Traffic Control Plan prepared, signed, and stamped by a Civil Engineer to accommodate each phase of traffic control. The Civil Engineer preparing the Traffic Control Plans shall be a Professional Engineer registered with the State of California. The Contractor shall submit Traffic Control Plans for review and approval by City Engineer within ten (10) working days of the Contract award by City and allow five (5) working days for City review.
Contractor shall adhere to the requirements set forth in the Work Area Traffic Control Handbook (WATCH), 2006 edition except as otherwise provided for in these specifications.
If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.
Minor deviations from the requirements of this section which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved them in writing. All other modifications will be made by contract change order.
Payment for conforming to these provisions shall be considered as included in the contract lump sum price paid for “Pedestrian Access and Construction Staging”. Payment shall include full compensation for all labor, materials, and equipment necessary to prepare plans, install, maintain, store, and relocate pavement, traffic control devices, and construction signing during the construction period. Payment will be made on a basis of the percentage of work completed on the entire project. 7-10.4.1 SAFETY ORDERS
[Add the following paragraph]:
Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. 7-10.4.5 PUBLIC SAFETY DURING NON-WORKING HOURS
Notwithstanding Contractor's primary responsibility for safety on the job site, when Contractor is not present, Engineer may, at his option after attempting to contact Contractor, direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, Contractor will bear all expenses incurred by City. 7-15 PAYROLL RECORDS
Payroll records, if required, shall be submitted to City by the tenth (10th) day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
SECTION 8— FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL
8-1.1 FACILITIES FOR AGENCY PERSONNEL
Facilities for Agency personnel will not be required on this project.
TECHNICAL SPECIFICATIONS
CITY OF MURRIETA CITY HALL SILICONE ROOF REPLACEMENT PROJECT CITY PROJECT NO. 10027
THE FOLLOWING TECHNICAL SPECIFICATIONS ARE TO BE USED IN CONJUNCTION WITH THE “STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREEN BOOK)” UNLESS OTHERWISE NOTED.
1. GENERAL REQUIREMENTS
1.1 Specifications
All work and materials will conform to the special provisions, plans or specifications in the priority sequence so indicated:
Special Provisions
Standard Specifications
The City of Murrieta Municipal Code
The California Building Code, 2016 Edition
The Standard Specifications for Public Works Construction (Green Book) 2018 Edition Project drawings
MOBILIZATION
Mobilization shall conform to Section 7-3.4, “Mobilization,” of the Standard Specifications.
Fifty percent (50%) of the lump sum price for mobilization shall be submitted for payment with the first progress payment invoice and fifty percent (50%) shall be submitted for payment with the final progress payment invoice. Mobilization shall include demobilization, final project clean-up and restoration of any laydown or staging sites to their original condition.
The contract lump sum price for Mobilization shall be considered the full compensation for furnishing all labor, materials, tools, and equipment, and for all work involved in mobilization and no additional compensation will be made therefor. Half of the price for this bid item shall be paid for with the first invoice and the other half shall be paid for with the last invoice.
PEDESTRIAN ACCESS AND CONSTRUCTION STAGING
Pedestrian access and construction staging shall conform to all provisions of the City of Murrieta Municipal Code, the Standard Specifications and the following Special Provisions:
Public Streets and Areas:
The Contractor shall maintain access to public streets, parking areas, and pedestrian walkways open to traffic and accessible during construction and shall avoid excessive dust, mud or unnecessary inconvenience to the public.
The Contractor shall be responsible for the maintenance of necessary barricades, signs, etc., at all times, including Saturdays, Sundays, and other normal nonworking hours. The contractor shall submit a pedestrian, traffic and construction staging plan to the Engineer for approval prior to commencing construction.
Construction Staging:
Work shall be performed between the hours of 7:00 a.m. and 4:30 p.m., however the contractor shall take care to minimize disruption to the public during business hours. The contractor shall be responsible for staging and phasing construction so that the area under construction is clearly identified as restricted access. The contractor shall be responsible for maintaining a safe, clear buffer zone between the area of activity and the greater area. This buffer zone, area of closure, and all other staging/phasing shall be indicated on the pedestrian, traffic and construction staging plans prior to approval by the City.
Special Accommodations:
The contractor shall coordinate and stage the construction to minimize disruption to pedestrian movements and vehicular parking. The contractor shall maintain a clearly marked, ADA compliant, pedestrian path of travel to provide access to the facility throughout the construction period. ADA compliant path(s) of travel shall be indicated on the approved pedestrian, traffic and construction staging plans.
Full compensation for providing notifications, coordinating access and staging construction as required in the Standard Specifications and these Special Provisions shall be considered as included in the contract lump-sum price paid for pedestrian access and construction staging and no additional compensation will be made therefore.
APPENDIX A
LIST OF UTILITY CONTACTS
UTILITY CONTACT LIST
ELECTRIC/POWER & GAS
Southern California Edison (SCE):
Inquiries - P.O. Box 11982, Santa Ana, CA 92711-1982
Phone: (714) 796-9932, Fax: (714) 796-9999, Attn: Map Requests Bldg D Planning Department - 26100 Menifee Road, Romoland, CA 92588 Phone: 1-800-655-4555, Attn: Ms. Katie Chaney
Southern California Gas Company:
1981 West Lugonia, Redlands, CA 92374, Phone: (909) 335-7507, Attn: Mr. Bruce Waddell
TELEPHONE & CABLE
AT & T California (Pacific Bell):
Engineering Department - 27402 Camino Capistrano, Rm 105, Laguna Niguel, CA 92677 Phone: (949) 855-5091, Attn: Ms. Sandy Walters
Inquiries - 1265 Van Buren Street, Room 180, Anaheim, CA 92807 Phone: (714) 666-5501, Attn: Ms. Susan Morgan
AT & T Core:
Inquiries - 22311 Brookhurst Street, Suite 203, Huntington Beach, CA 92646 Phone: (925) 977-2413, Attn: Ms. Rosemary Hamill
Level 3:
1025 El Dorado Blvd, Broomfield, CO 80021, Phone: (720) 888-3813, Attn: Mr. Matt Williams Media One:
556 Birch Street, Lake Elsinore, CA 92530, Phone: (951) 270-3415, Attn: Mr. Brian Caton Time Warner (Adelphia):
4077 W. Stetson Avenue, Hemet, CA 92545, Phone: (951) 766-4270, Attn: Mr. Ron Moore, Ext 260 Time Warner (Comcast):
1581 Commerce Street, Corona, CA 92880, Phone: (951) 549-3977, Attn: Mr. Billy Merino Time Warner Telecom:
Phone: (916) 806-1038, Attn: Mr. Mike Long
Verizon/General Telephone Electronics:
150 S. Juanita Street, Hemet, CA 92543, Phone: (951) 929-9492, Attn: Ms. Linda Quartararo
WATER & SEWER
Eastern Municipal Water District (EMWD):
2270 Trumble Rd., Perris, CA 92570, Mail: P. O. Box 8300, Perris, CA 92572-8300 Phone: (951) 928-3777, Attn: Mr. John Foster
Elsinore Valley Municipal Water District (EVMWD):
31315 Chaney Street, Mail: P.O. Box 3000, Lake Elsinore, CA 92531 Phone: (951) 674-3146, Attn: Mr. Loren Sorber
Rancho California Water District (RCWD):
42135 Winchester Road, Temecula, CA 92590, Mail: P.O. Box 9017, Temecula, CA 92589-9017 Phone: (951) 296-6900, Attn: Mr. Bud Jones
Western Municipal Water District (WMWD):
42290 Ivy Street, Murrieta, CA 92562, Mail: P.O. Box 949, Lake Elsinore, CA 92564 Phone: (951) 677-7667, Attn: Utility Contact
FLOOD CONTROL
Riverside County Flood Control District & Water Conservation District (RCFC&WCD):
1995 Market Street, Riverside, CA 92501, Phone: (951) 955-1200, Fax: (951) 788-9965, Attn: Mr. Bob Cullen
APPENDIX B
INSURANCE FORMS
City of Murrieta ("the Agency")
1 Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Attn: Engineering Manager
A. POLICY INFORMATION Endorsement No.
1. Insurance Company
Policy No.
2. Policy Term: From: To:
Endorsement Effective Date:
3. Named Insured:
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate $
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
7. Coverage is equivalent to:
Comprehensive General Liability form GL-0002 (Ed 1/73)
Commercial General Liability "occurrence" form CG-0001
Commercial General Liability "claims-made" form CG-0002
8. Bodily Injury and Property Damage Coverage is:
"claims-made"
"occurrence"
If claims-made, the retroactive date is
NOTE: The Agency's standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage requires special approval.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office form number GL-0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL-0404 Broad Form comprehensive General Liability endorsement; or b. Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims-made" form CG-0002; or c. If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability.
5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (State) (Zip Code)
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE:
City of Murrieta ("the Agency")
1 Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Attn: Engineering Manager
A. POLICY INFORMATION Endorsement No.
1. Insurance Company
Policy No.
2. Policy Term: From: To:
Endorsement Effective Date:
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Occurrence/Aggregate $
6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Agency, its elected or appointed officers, officials, employees or volunteers.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the Agency, the insurance afforded by this policy shall: (a) be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
a. Insurance Services Office form number CA-0001 (Ed. 1/78), Code 1 ("any auto") an endorsement CA-0025. b. If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1).
4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability.
5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers.
6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (State) (Zip Code)
(Telephone Number)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE:
City of Murrieta ("the Agency")
1 Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Attn: Engineering Manager
A. POLICY INFORMATION Endorsement No.
1. Insurance Company ("the Company")
Policy No.
2. Endorsement Effective Date:
3. Named Insured
4. Employer's Liability Limit (Coverage B)
B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
2. WAIVER OF SUBROGATION. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE:
(Revised 3/17/87)
Return Completed Certificate to
City of Murrieta (Agency)
1 Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Attn: Engineering Manager
CERTIFICATE OF INSURANCE
TO
CITY OF MURRIETA ("Agency")
(Revised 5/28/87)
Only this Certificate
of Insurance form
will be accepted
This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time.
Insured
Address
Description of operations/locations/products insured (show City Project name and/or number, if any):
POLICIES
AND INSURERS
LIMITS
Bodily Injury/Property Damage
POLICY
NUMBER
EXPIRATION
DATE
Workers' Compensation
(Name of Insurer)
Best's Rating
Employers Liability $
Check policy type:
Comprehensive General Liability
or
Commercial General Liability
(Name of Insurer)
Best's Rating
"Claims-made"
"Occurrence"
Each Occurrence $
Aggregate $
or
Combined Single Limit $
Aggregate $
Business Auto Policy
Liability Coverage Symbol
(Name of Insurer)
Best's Rating
Each Person $
Each Accident $
or
Combined Single Limit $
Umbrella Liability
(Name of Insurer)
Best's Rating
"Claims-made"
"Occurrence"
Occurrence/
Aggregate $
Self-Insured Retention $
The following coverage or conditions are in effect:
Yes
No
The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises, owned, leased or used by the Named Insured.
Products and Completed Operations
The undersigned will mail to the Agency 30 days' written notice of cancellation or reduction of coverage or limits.
Cross Liability Clause (or equivalent wording)
Personal Injury, Perils, A, B and C
Broad Form Property Damage
X, C, U Hazards included
Contractual Liability Coverage applying to this Contract Liquor Liability
Coverage afforded the Agency, its officials, employees and volunteers as Insureds applies as primary and not excess or contributing to any insurance issued in the name of the Agency.
Waiver of subrogation from Workers' Compensation insurer.
This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
Agency or Brokerage Insurance Company
Address Home Office
Name of Person to be Contacted Authorized Signature Date Telephone Number
Note: Authorized signatures may be the agent's if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official insurer. 01375.0006/1005114.1 TECHNICAL SPECIFICATIONS TS-3 9/12/2024 C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 APPENDIX A 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 APPENDIX A A-1 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 APPENDIX B 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 APPENDIX B B-9 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 CONTRACT C-6 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 LABOR AND MATERIALS BOND LM-2 9/12/2024 C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 PERFORMANCE BOND PB-2 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 MAINTENANCE BOND MB-2 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 PROPOSAL P-8 9/12/2024
C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 GENERAL SPECIFICATIONS GS-5 9/12/2024 C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm 01375.0006/1005114.1 SPECIAL PROVISIONS SP-10 9/12/2024 C:\Users\bwilson\Desktop\Bryce\Facilities\RFP-RFQ-BIDS\Roof\Community Center\Bid Docs Murrieta Community Center Re-Roof 2019.docm EXHIBIT "A" - INSURANCE ENDORSEMENTS & CERTIFICATE
GENERAL LIABILITY ENDORSEMENT – Continued (Revised 3/17/87) EXHIBIT "A" - INSURANCE ENDORSEMENTS & CERTIFICATE
AUTOMOBILE LIABILITY ENDORSEMENT (Revised 3/17/87)
EXHIBIT "A" - INSURANCE ENDORSEMENTS & CERTIFICATE
AUTOMOBILE LIABILITY ENDORSEMENT – Continued (Revised 3/17/87) EXHIBIT "A" - INSURANCE ENDORSEMENTS & CERTIFICATE
WORKERS’ COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS
EXHIBIT "A" - INSURANCE ENDORSEMENTS & CERTIFICATE
GENERAL LIABILITY ENDORSEMENT (Revised 3/17/87)