SECTION V
CONTRACT FOR CONSTRUCTION
V. CONTRACT FOR CONSTRUCTION
VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION &
REPAIR PROJECT - PHASE II
This Contract for construction is made this 14th day of November , 2025 between the City of Pacifica (Owner or City) and Ranger Pipelines Inc. (Contractor). The work described below shall be performed in accordance with the all plans, specifications and other Contract Documents attached to or incorporated into this Agreement.
[NOTE: the following section must be modified for each project to include ALL documents that are part of the Contract Documents.]
The following documents are incorporated into and made part of this Contract by this reference:
Notice to Bidders
Information for Bidders
• Contract Proposal (including list of subcontractors, proposed material suppliers, Bidder's Experience, and Bid Schedule)
Certificates of Insurance
Lien Waivers, Bid Bond, Non-Collusion Affidavit, Faithful Performance Bond, Bond for Payment of Labor and Materials, Guarantee
General Condition
Special Provisions
Technical Specifications
Project Plans
General Specifications
The documents shall be referred to collectively as the "Contract Documents".
SECTION 1 - SCOPE
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work generally described as follows:
VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION &
REPAIR PROJECT - PHASE II
Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the several Contract Documents, the more stringent requirements shall govern.
Without limiting the foregoing description. Contractor's scope of work includes, but is not limited to, the following:
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - • Submit all required samples, product data, certificates, operations, and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed.
• Obtain all necessary permits and approvals for the Work.
Provide all necessary notifications to utility owners and residents. PG&E shall be provided with seven business days notice for work near their facilities. Residence shall be provided with at least 48 hours of notice for work for work near their residences.
Comply with all applicable federal, state, and local laws and guidelines.
Protect all materials to be used in the Work in accordance with the specifications.
Protect existing facilities and personal property. Contractor shall be solely responsible for all damage to the building or contents.
• Attend a preconstruction conference with City to discuss schedule, access, sequence of construction plan (to be submitted), and other issues.
• Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
The Contractor shall be responsible for unloading, hoisting, and otherwise handling its own materials, supplies and equipment.
• Coordinate with owner-scheduled use or events at the Project site. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.
SECTION 2 - PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of one million, one-hundred seventy-eight thousand and five-hundred ninety Dollars ($1,178,590) (the "Contract Price") subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - B. Contractor shall submit a payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Contract Documents. City shall make payment within 30 days of receipt of application, less five percent retention. City shall release the retained funds no less than thirty-five (35) days after the date the City accepts the Work.
C. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code Section 22300.
D. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in Civil Code Section 3262) on behalf of itself and suppliers that furnished labor, material, equipment, or services to the Project.
SECTION 3 - ENTIRE AGREEMENT
This Contract for Construction, including the documents incorporated herein, represents the entire agreement between City and Contractor and supersedes any prior written or oral representations.
SECTION 4 - TIME
A. Contract will be awarded within 60 days from the bid opening. Notice to Proceed will be issued within two weeks of contract award. Project must commence as soon as the Notice to Proceed is given. Project is to be completed within 60 working days from the Notice to Proceed (Contract Time). The Contractor shall pay to the City of Pacifica Five Hundred Dollars ($500) for each and every calendar days delay in finishing the work in excess of the Contract Time, as modified in accordance with the Contract Documents.
B. Time is of the essence of this Agreement.
C. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.
D. It is further agreed that in case Contractor fails to complete the Work in all parts and requirements within the Contract Time, the City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of the City; and if it decides to extend Contract Time, City shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension.
E. The Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within five (5) days from the beginning of any such delay, notify the City, in writing of the causes of delay. The City shall ascertain the facts and the extent of delay, and his findings thereon shall be final and conclusive.
F. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence.
SECTION 5 - LABOR
A. The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City Council of the City of Pacifica has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City, a copy of which is on file at the Calera Creek Water Recycling Plant, and shall be made available for viewing to any interested party upon request.
B. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
C. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work. the Contractor shall sign and file with the City a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract."
D. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
E. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.
SECTION 6 - CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from the City.
Contractor shall not be compensated for any change made without any such written direction.
No changes in the work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement.
B. If the City directs the Contractor in writing to make changes in the Work that materially affects the cost of performing the Work, the Contract Price will be adjusted based on one of the following, with no allowable markup:
Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work; ii. By establishment of new unit prices and related quantities for the changed Work; ili. By a combination of existing and new unit prices and related quantities for the changed Work; or
iv. By mutual acceptance of a lump sum.
C. If the City directs the Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, the City will make a reasonable adjustment to the Contract Time.
D. If the City directs the Contractor in writing to make changes in the Work on a time and materials basis, the following markup percentages are allowed:
i. Markup on Direct Cost of labor, materials and equipment for extra Work pursuant to the Contract Documents performed by the Contractor shall be 15%.
When extra Work is performed by Subcontractors, regardless of the number of tiers, total Markup on Direct Costs shall be 20%. Contractor and its Subcontractors shall divide the 20% as they may agree.
ill. Under no circumstances shall the total Markup on any extra Work exceed 20%, stated as a percent of the Direct Cost of labor, equipment and materials. This limitation shall apply regardless of the actual number of subcontract tiers.
E. For all changes and cost adjustments requested, Contractor shall provide documentation of change in Contract Amounts asserted, with sufficient data to allow evaluation of the proposal.
When requested by the City, Contractor shall breakout and quantify costs of labor, equipment and materials, for Contractor and subcontractors of any tier.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
SECTION 7 - CLAIMS
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.
B. No claim, potential claim, dispute or controversy shall interfere with the progress and performance of the Work or any changes thereto, and Contractor shall proceed as directed by Owner in all instances with its Work, including any disputed Work, or any changes thereto and that any failure of Contractor to comply herewith and to proceed with its work shall automatically be deemed a material breach of this Contract entitling Owner to all remedies available under Section 10 or other provision of this Contract and applicable law. Except as provided elsewhere in the Contract Documents, Owner shall continue to make payments in accordance with the Contract.
SECTION 8 - INSPECTION AND PROTECTION OF WORK
A. Contractor shall make the Work accessible at all reasonable times for inspection by the City.
Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Contractor's work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the work done hereunder until final acceptance by the City.
B. When the Work is completed, Contractor shall request, in writing, a final inspection. Within ten (10) days of the receipt of such request, the City shall make a final inspection. The Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions previously issued.
C. All materials the City has determined do not conform to the requirements of the Contract Documents will be rejected, whether in place or not. They shall be removed immediately from the site of the work, unless otherwise permitted by the City. No rejected material shall be used in the Work, unless the defects have been corrected and approval in writing has been given by the City. The cost of re-testing material or workmanship that fails to pass the first test shall be borne by the Contractor. Upon failure of the Contractor to comply promptly with any order of the City made under the provisions in this section, the City shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any monies due or to become due the Contractor.
SECTION 9 - ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Work and shall keep the Work under its control.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.
C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded, or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.
D. When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the Engineer or Collection Manager or they're representative, the subcontractor shall be removed immediately on the request of the Engineer or Collection Manager and shall not again be employed on the work.
E. Contractor may not assign performance of the Contract except upon written consent of the City.
SECTION 10 - TERMINATION
A. Should Contractor fail within three (3) calendar days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure pay its creditors. City may terminate this Agreement. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct and complete the Work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit, and attorneys' fees.
B. City may at any time terminate the Contract at City's convenience upon five days written notice to Contractor; in the event of termination for convenience, Contractor shall recover only the actual cost of work completed to the date of termination, which costs are documented to City's satisfaction, plus a reasonable amount not to exceed fifteen percent (15%) of the actual cost of the Work performed for overhead and profit. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.
C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
SECTION 11 - HOLD HARMLESS AND INDEMNIFICATION
A. The City of Pacifica and all officers and employees thereof connected with the Work, including but not limited to the Director of Public Works, City Engineer, Deputy Director of Public Works, Collection Manager, Engineer, Inspector, the City Council, elected and appointed officials, City volunteers and servants, City contractors and agents (collectively the
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - "Indemnitees"), shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City of Pacifica' officers or employees.
B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the Indemnitees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor's fault or negligence, including any of the same resulting from City's alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its officers, agents, or servants who are directly responsible to City.
This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.
C. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City, may be retained by the City of Pacifica until disposition has been made of such suits or claims for damage.
SECTION 12 - BONDS AND INSURANCE
A. Bonds.
i. Within ten (10) days after being notified of the award of the contract, and before the City will execute the agreement for construction, the Contractor to whom the Contract is awarded shall furnish and file with the City Performance and Payment Surety bonds as set forth below.
il. Contractor shall submit a faithful performance bond on the form provided with the Contract Documents, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. The amount of said bond shall be in a sum no less than one hundred percent (100%) of the total Contract Price.
iii. Contractor shall also submit a bond on the form provided with the Contract Documents, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City, which in all respects complies with
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
Civil Code sections 3247-3252, inclusive. This bond, hereinafter referred to as a "payment bond," shall be in a sum no less than one hundred percent (100%) of the Contract Price.
B. Insurance.
1. Contractor shall obtain, at its sole cost and expense, all insurance required by this section 12.B. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract, and before execution of the agreement for construction by the City. ii. The insurance requirements specified herein shall apply to all subcontractors. The Contractor shall designate appropriate insurance limits for subcontractors. It shall be the responsibility of the Contractor to ensure that all subcontractors comply with this provision, and to verify their compliance when requested by the City. The Contractor shall not allow any subcontractor to commence work until all insurance required of the subcontractor has been obtained and verified by the Contractor and submitted to the City. Subcontractors shall furnish original certificates and endorsements as verification of insurance coverage. Upon request, Contractor shall deliver certificates of insurance or copies of the insurance policies and endorsements of all subcontractors; provided, however, that this authority shall not relieve Contractor of its obligation to ascertain the existence of such insurance.
The insurance required by this article shall be maintained by Contractor in full force and effect at all times during prosecution of the Work and until the expiration of the warranty period following the final completion and acceptance thereof by City, and every policy shall be endorsed to state that it shall not be assigned, cancelled, or reduced in coverage without thirty (30) days' prior written notice to City. Every policy shall also be endorsed to state that the City shall be given written notice of nonrenewable at least thirty (30) days prior to the iv. The parties defined as "Indemnitees" above in Section 11, are collectively defined herein as the "Additional Insureds."
V. Liability Insurance. This insurance shall protect the Contractor from claims for bodily injury and property damage which may arise because of the nature of the work or from operations under this Contract.
a. Coverage shall be at least as broad as:
(i) Commercial General Liability coverage (Insurance Services Office form number GG 0001 - "occurrence" form).
(ii) Owners and Contractors Protective Liability Coverage form - Coverage for Operations of Designated Contractor (Insurance Services Office form G0009 11 88).
(iii) Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 "any auto," and endorsement CA 0025.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - (iv) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. b. The Commercial General Liability Insurance shall include the following coverage:
(i) Premises - Operations;
(ii) Owner's/Independent Contractors and Contractor's Protective; (iii) Products - Completed Operations;
(iv) Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.); (V) Broad Form Property Damage - including to the maximum extent possible, coverage for the Assumption of Liability Pursuant to Completed Operations;
(Vi) Blanket Contractual liability, including the indemnity agreement in this contract
(Vil) Separation of Insureds / Cross-Liability Provisions (vill) Duty to Defend all Insureds
(ix) Deletion of any limitation on Coverage for Bodily Injury or Property
(x) Damage Arising out of Subsidence or Soil or Earth Movement. (xi) A provision that the annual general aggregate and the products and completed operations annual aggregate shall apply separately to the Project.
(xii) Pollution Legal Liability Endorsement
(xiii) XCU - (Explosion, Collapse, Underground Damage)
C. Coverage shall not extend to any indemnity coverage for the sole or active negligence of the additional insured in any case where any agreement to indemnify the additional insured would be invalid under Civil Code Section 2782(b).
d. Contractor shall maintain limits no less than:
(i) Commercial General Liability: Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
(ii) Automobile Liability: One Million Dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of One Million Dollars ($1,000,000) per accident.
e. At the option of the Contractor, primary limits may be less than required, with an Umbrella Policy providing the additional limits needed. This form of insurance will be acceptable provided that the Primary and Umbrella Policies both provide the insurance coverage herein required, including all additional insured requirements. The umbrella policy shall be provided on a "following form" basis with coverage at least as broad as provided on the underlying commercial General Liability insurance.
f. Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City, provided that the forms conform to these requirements, and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
g. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
h. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII.
i. Originals of the following endorsements shall be attached to the liability insurance policy and delivered to City:
(i) The Commercial General Liability policy of insurance shall be endorsed to name the Additional Insureds using ISO Form CG201185. This policy shall provide coverage to each of the additional insureds with respect to the Work.
(ii) The Automobile Liability policy of insurance shall be endorsed to name the Additional Insureds. This policy shall provide coverage to each of the Additional Insureds with respect to the Work.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - (iii) Workers' Compensation and Employers Liability. The insurer shall agree to waive all rights of subrogation against the Additional (iv) The policy shall be endorsed to provide primary coverage to the excess insurance and not contribute with contractor's policy. (v) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, or volunteers.
(vi) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (vii) The insurer shall waive all rights of subrogation against the Additional Insureds for losses arising from work performed by the Contractor for the City.
(viii) An endorsement shall be attached which states that the coverage is primary insurance and that any insurance or self-insurance fund maintained by or available to City or any of its officers, agents, employees, or volunteers shall be in excess of Contractor's insurance and shall not be called upon to contribute to a loss (ix) The policy must provide that it shall not be cancelled, suspended, voided or changed nor may the "retroactive date" of the policy or any renewal or replacement policy be changed without thirty (30) days' prior written notice to the City.
(x) A cross-liability endorsement must be included to the effect that each insured is covered as if separate policies had been issued to each insured
(xi) The liability coverage may be either on a blanket basis or a policy which specifically identifies this agreement with a contractual liability endorsement.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, agents, construction manager, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - C. Waiver of Subrogation. City and Contractor waive all rights against each other and against all other subcontractors for loss or damage to the extent covered by Builder's Risk or any other property or equipment insurance applicable to the Project, except such rights as they may have to the proceeds of such insurance less their pro-rata share of the deductible. If the policies of insurance referred to in this section require an endorsement or consent of the insurance company to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed or obtain such consent.
D. Insurance Requirements are Material Elements of Performance. In the event of the breach of any provision of this paragraph, or in the event of any notices received which indicate any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provisions of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
SECTION 13 - CLAIMS RESOLUTION
Disputes arising under this Agreement shall be resolved in accordance with the procedures set forth in Sections 9204 and 20104.50 of the Public Contract Code.
SECTION 14 - WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Special Provisions or the longest period permitted by the law of this State, whichever is less.
SECTION 15 - LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations. orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the work, including but not limited to the Deputy Director of Public Works - Wastewater, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation. order, or decree, whether by the City's representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for forthwith report the same to the City in writing.
SECTION 16 - MISCELLANEOUS
A. Utility Facilities.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
i. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated, or otherwise rearranged.
If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility owner City shall arrange the removal, relocation, or protection of existing main or trunk line utilit facilities located at the site of the Work but not identified in the Contract. ili. If the Contractor is required to locate, repair damage not due to the Contractor's failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under the Changes section of this Contract, including payment for equipment on the Project necessarily idled during such work. iv. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work.
Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy.
vi. The right is reserved by the City and the owners of facilities or their authorized agents, to enter the Project site for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.
vii. Attention is directed to the possible existence of underground facilities not known to the City of Pacifica, or in a location different from that which is shown on the plans or in the Contract Documents. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA to mark utilities.
B. Differing Site Conditions.
i. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
Subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - PHASE I|
Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. ii. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents.
IV. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.
C. Records and Audits.
Contractor and its subcontractors shall establish and maintain records pertaining to this contract. Contractor's and subcontractors' accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices, and vouchers.
Contractor shall permit City and its authorized representatives to inspect and examine Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for three (3) years after the termination of this Contract.
ill. Pursuant to California Government Code Section 10532, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract SECTION 17 - WAIVERS OF LIEN
Upon request the Contractor shall submit a complete list of major suppliers and/or subcontractors who will be providing material and/or labor for the performance of the Work, and shall submit
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT - PHASE I|
with each payment request waivers of lien from each major supplier and/or subcontractor. A sample of this form to be used will be furnished by the City.
SECTION 18 - BACK CHARGES
Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the work is being performed for which a charge is to be submitted
SECTION 19 - CLEAN-UP
Contractor will remove from the project site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price.
SECTION 20 - LICENSE REQUIREMENT
Contractor's attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time Contractor enters into this Contract and all times Contractor is performing the Work, Contractor shall have a valid license issued by the Contractors State License Board in the classification stated in the Contract Documents.
Contractor and all subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED
BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION
TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A
LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.
IN WITNESS THEREOF, three identical counterparts of this Agreement, each of Which shall for all purposes be deemed an original thereof, have been fully executed by the parties hereinabove named, on the day and year first hereinabove written.
CONTRACT FOR CONSTRUCTION
Project Title: VALLEMAR AND ROCKAWAY BEACH AREAS SEWER REHABILITATION & REPAIR PROJECT -
PHASE II
CITY OF PACIFICA,
A Municipal Corporation:
Kevin Woodhouse, City Manager
ATTEST:
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
CONTRACTOR:
By -
Thomas Grover. VP - Estimating
Title