Recommended Action: Award the contract for the re-roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc. for the amount of $450,000, approve the separate purchase of the roofing materials as needed from Garland, and authorize corresponding budget amendments.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20824700.80220.TBD: $0
PROPOSED BUDGET AMOUNT: 20824700,80220.TBD: $450k initially, and additional depending on roof materials.
FINANCING SOURCE: TBD
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager, and David Rapport, City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
{00245263.1}
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT SPECIFICATION NO. 23-05
CITY OF UKIAH
DEPARTMENT OF COMMUNITY SERVICES
300 Seminary Avenue
Ukiah, California 95482-5400
ATTACHMENT 2
{00245263.1}
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
MARI RODIN – MAYOR
JOSEFINA DUENAS – VICE-MAYOR
DOUGLAS CRANE – COUNCIL MEMBER
SUSAN SHER – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – PROCUREMENT MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF COMMUNITED SERVICES
MARCH 2023
{00245263.1} iii Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
TABLE OF CONTENTS
PAGE
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 7
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 2 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Qualification of Bidders
1-05. Disqualification of Bidders
1-06. Identification of Subcontractors
1-07. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT......................................................................... 12 2-01. Bid Evaluation Process
2-02. Rejection of Bids
2-03. Award of Contract
2-04. Execution of Contract
2-05. Notice to Proceed
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................. 13 3-01. Intent of the Contract Documents
3-02. Examination and Verification of Contract Documents 3-03. Contract Drawings
3-04. Coordination and Interpretation of the Contract Documents SECTION 4. BONDS.................................................................................................................................... 14 4-01. Performance Bond
4-02. Payment Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 15 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Builder’s Risk/Course of Construction Insurance
5-06. Pollution Coverage
5-07. Acceptability of Insurers
5-08. Verification of Coverage
5-09. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ....................................................... 18 6-01. Independent Contractor Status
6-02. Superintendence By the Contractor
6-03. Office of Contractor at Site
{00245263.1} iv Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 6-04. Indemnity
6-05. Protection of Persons and Property
6-06. Hazardous Chemicals and Waste
6-07. Protection of City Against Patent Claims
6-08. Protection of Contractor’s Work Property
6-09. Regulations, Permits, and Licenses
6-10. Construction Utilities
6-11. Approval of Contractor's Plans
6-12. Suggestions to the Contractor
6-13. Subcontracting
6-14. Lines and Grades
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Cooperation
6-18. Removal of Unsatisfactory Employees
6-19. Labor Code Requirements
6-20. Prevailing Wages
6-21. Cleaning Up
6-22. Guaranty of Work
6-23. Payment of Taxes
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 28 7-01. Personal Liability
7.02. Authority of the Engineer
7-03. Inspection
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Differing Site Conditions
7-08. Drawings by the City
7-09. Additional and Emergency Protection
7-10. Suspension of Work
7-11. Termination of the Contract for Cause
7-12. Termination for Convenience by the City
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 33 8-01. General Quality
8-02. Materials and Equipment Specified by Name
8-03. Source of Materials
8-04. Storage of Materials
8-05. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................... 34 9-01. Equipment and Methods
9-02. Beginning of Work
9-03. Delays and Extensions to the Work
9-04. Saturday, Sunday, Holiday and Night Work
SECTION 10. PAYMENT ............................................................................................................................. 36 10-01. Schedule of Values
10-02. Progress Payments
10-03. Retention on Progress Payments
10-04. Title
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Grace Hudson Museum Roof Replacement Negotiated Contract 10-05. Final Inspection and Acceptance of the Work
10-06. Final Payment and Claims
10-07. Stop Notice Payments
10-08. Contract Price Adjustments
10-09. Force Account Payment
10-10. Records
10-11. Compensable Delay
10-12. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. DISPUTE RESOLUTION …………………………………………………………………… ... ….45 11-01. Timely Notice of Claim.
11-02. Notice of Potential Claim
11-03. Claims Procedure Pursuant to Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver
SECTION 12. MISCELLANEOUS ............................................................................................................... 47 12-01. Laws to be Observed
12-02. Rights in Land and Improvements
12-03 Antitrust Claims
12-04. Third Party Rights
12-05. Assignment
12-06. Rights to Drawings and Technical Data
12-07. Gratuities and Conflicts of Interest
TECHNICAL SPECIFICATIONS
SECTION 13. GENERAL INFORMATION .................................................................................................. 49 13-01. Location and Scope of Work
13-02. Arrangement of Technical Specifications
13-03. Arrangement of Plans
13-04. Business Licenses
13-05. Permits
13-06. Temporary Facilities
13-07. Public Convenience and Safety
13-08. Maintaining Traffic
13-09. Stream Pollution
13-10. Warranties
13-11. Utilities
13-12. Preconstruction Conference
13-13. Safety Requirements
SECTION 14. CONSTRUCTION DETAILS ................................................................................................. 50 SECTION 15. CONSTRUCTION DETAILS ................................................................................................. 50 SECTION 16. CONSTRUCTION DETAILS ................................................................................................. 50
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 51
{00245263.1} vi Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract PROPOSAL ............................................................................................................................................. 52 BIDDING SCHEDULE ................................................................................................................................... 55 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 57 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 58 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 59 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 60 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 61 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 62 DISQUALIFICATION QUESTIONNAIRE ...................................................................................................... 63 AGREEMENT ............................................................................................................................................. 64 INDEMNIFICATION AGREEMENT ............................................................................................................... 70 BOND FORMS ……………………………………………………………………………………………………. .. 71 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 76 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 77
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
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Grace Hudson Museum Roof Replacement Negotiated Contract
INSTRUCTIONS TO BIDDERS
The Grace Hudson Museum Roof Replacement shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.
Each Bidder must supply all the information required by the bid documents and Special Provisions.
If an Estimate of Quantities is given in the Contract Documents, the quantities are approximate only, being given as a basis for the comparison of bids, The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.
Examination of Site, Drawings, Etc.
Each Bidder shall examine carefully the Contract Documents and the site of the work and shall fully inform itself with the conditions relating to execution of the work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the work in strict accordance with the Contract Documents.
Conditions relating to the execution of work include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public and employee health and safety, and environmental protection. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.
Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective Bidders may inspect the records of such investigations at the City’s offices.
There is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.
The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at the Grace Hudson Museum, 431 South Main Street, Ukiah, CA 95482.
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Grace Hudson Museum Roof Replacement Negotiated Contract
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. “Acceptance” shall mean documentation attesting to the act of the City Council by which all Work under the Agreement, or a specified portion thereof, is identified as having been completed satisfactorily.
b. “Addenda” shall mean written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.
c. “Agreement” shall mean the written agreement covering the performance of the Work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Agreement is a part of the Contract Documents and will include all approved change orders issued after the Agreement is executed by the parties.
d. “Bidder” shall mean any individual, firm, partnership, corporation or combination thereof, submitting a bid for the work contemplated, acting directly or through a duly authorized representative.
e. “Bid Forms” shall mean the approved forms upon which the City requires each Bidder submit its bid with regard to the Agreement.
f. “Change Order” shall mean a written order to the Contractor directing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the effective date of the Agreement. A Change Order will not become effective until approved in writing and signed by the City, hereinafter referred to as an "Approved Change Order." An Approved Change Order signed by the Contractor is hereinafter referred to as an "Executed Change Order."
g. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. h. “Construction Schedule” shall mean a list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of the significant activities, critical path, float and milestones must be indicated in the Construction Schedule.
i. “Contract Documents” shall mean those documents that form the basis of the Agreement, including, but not limited to, the Instructions to Bidders, Bid Forms, Bidding Schedule, Schedule of Values, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract Drawings, Addenda, Contractor’s bid, and all Change Orders issued after the execution of the Agreement, and all other documents incorporated by reference in the same.
The State of California, Department of Transportation, 2018 Standard Construction Specifications (the "Standard Specifications") shall apply to the construction work if referenced in the Technical Specifications. However, the Standard Specifications shall not apply as to the change, payment, and dispute resolution provisions applicable to this Agreement. In the event of conflict between the Standard Specifications and the Special Provisions, the Special Provisions will govern. j. "Contract Drawings," and “Contract Plans,” shall mean the identified in the Agreement, showing the character, dimensions, and details of the Work.
{00245263.1} 9 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract k. “Contract Price” shall mean the total compensation to be paid to the Contractor in accordance with the terms of the Agreement.
l. “Contract Time” shall mean the number of calendar days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time. m. “Contractor” shall mean the individual, firm, partnership, corporation, joint venture or other legal entity that has contracted with the City to perform the Work. The terms "prime contractor" or “general contractor” shall also mean Contractor.
n. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
o. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
p. Payment by “Force Account” shall mean payment on the basis of Contractor’s time and materials as further defined herein.
q. “Legal Holidays’ shall mean those days designated as State holidays by the Government Code or declared by the City Council, or otherwise specified in the Contract Documents. r. “Liquidated Damages” shall mean the amount prescribed in the Contract Documents to be paid the City or to be deducted from any payment due or to become due the Contractor for each Day’s delay in completing the Work beyond the time allowed in the Contract Documents. s. “State” shall mean the State of California and its agencies, including the Department of Transportation (“Caltrans”)
t. “Notice of Completion” shall mean a document recorded by the City with the Counter Recorder signifying completion of a work of improvement.
u. “Notice to Proceed” shall mean a written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run.
v. “Notice of Termination’ shall mean a written notice from the City to the Contractor and its Surety terminating the Agreement or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.” w. “Schedule of Values” shall mean the breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum item included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum item.
x. “Shop Drawings” shall mean Drawings, plans, diagrams, schedules and other data specifically prepared and submitted to the City by the Contractor, showing in detail: a.) The proposed fabrication and assembly of a special component of the Work; and b.) The installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data. y. “Subcontractor” shall mean any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.
{00245263.1} 10 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract z. “Submittals” shall mean those documents required to be submitted by the Contractor for review by the City in accordance to the Agreement.
aa. “Substantial Completion” shall mean the Work (or designated portion) is sufficiently complete, in accordance with the Contract Documents, so that the City can safely and conveniently occupy or utilize the Work (or such designated portion) for the use for which it is intended, and as needed for the City to conduct its operation.
bb. “Supplier” shall mean any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off the Work site. cc. “Technical Specifications” shall mean the technical details, requirements, and descriptions of Work to be performed under the Agreement. The Technical Specifications comprise Section 13 and Appendices A and B of the Contract Documents, as may be amended by the City. dd. “Unit Price” shall mean the value established for a single item of work or group of items commonly regarded as a single entity, that is inclusive of all fundamental, direct and incidental costs and exclusive only of costs associated with any other unit price and any lump sum price. ee. "The Work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract Change Order or other written orders of the Engineer. ff. “Work Site” shall mean the property on which the Work will be performed, including all staging areas.
gg. “Working Drawings” shall mean original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, and staging plans. A Working Drawing is one type of Shop Drawing.
Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The Bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the Bidder has investigated to its satisfaction the conditions to be encountered and the character, quality and requirements of the Contract Documents.
1-03. Proposal. Bids shall be made on the Bid Forms prepared by the City and all blank spaces in the Bid Forms must be completed, as required, in ink. All bids shall give the prices bid, both in writing and in figures and shall be signed by the Bidder or its authorized representative, with its address. If Bidder is the sole owner, the bid shall be signed by the owner. If Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Bid shall be signed by at least two officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the bid shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Bid shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Bid is signed by an agent of
{00245263.1} 11 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract the Bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the City prior to opening of bids or must be submitted with the bid. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Bid.
Note the successful Bidder will prepare a Schedule of Values based on the Schedule of Bid Process that will provide additional detail which will be used in conjunction with payment.
Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected.
1-04. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each Bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each Bidder on the form provided herewith.
As a prerequisite to an award of the Agreement, the City will determine whether the low Bidder meets the definition of a “responsible Bidder” as set forth in Public Contract Code Section 1103: “a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” In making this determination, the City may weigh evidence that the Bidder or its personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress.
1-05. Disqualification of Bidders. A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.
More than one bid from an individual business, partnership, corporation or association or combination thereof, under the same or different names, will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Bidder for the work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason to believe that collusion exists among the Bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-06. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, supply materials, or render service to the Bidder in or about the construction of the work in an amount in excess of one-half of 1 percent (0.5%)of the Bidder’s total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in its bid. If the Bidder fails to specify a subcontractor for any portion of the work, the Bidder agrees to perform that portion of the work itself, and represents that it is qualified to perform that portion of the work itself. 1-07. Non-collusion Affidavit. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the
{00245263.1} 12 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.
All Bids shall be accompanied by an executed non-collusion affidavit in the form required by Public Contract Code Section 7106 provided with the bid documents.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Bid Evaluation Process. Bids received shall be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Total Bid Price, as shown in the Biding Schedule. If additive or deductive alternates are used in the Bidding Schedule, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for the base contract items, plus the alternates designated by the City as those that will be used for determining the lowest bid price.
2-02. Rejection of Bids. Bids may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the bids incomplete, indefinite or ambiguous; no acceptable bid security; or if the bid is not properly executed.
To the fullest extent allowed by law, the City reserves the right to reject any and all bids or to waive any irregularities and informalities in any bids or in the bid procedure. 2-03. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible Bidder whose bid complies with all the specified requirements. To the fullest extent allowed by law, the City reserves, in its sole discretion, the right to reject any and all Bids and to waive any informality or irregularity in the Bids received, other provisions in the Contract Documents notwithstanding.
2-04. Execution of Contract. The successful Bidder shall, within fifteen (15) days after receipt of written notice that the Agreement has been awarded, sign and deliver to the City an Agreement in the form hereto, attached together with the Agreement Bonds and insurance certificates as required in the Contract Documents. After receiving the signed Agreement with acceptable bonds and insurance certificates from the successful Bidder, the City will sign the Agreement.
If the Contractor is an individual, the Agreement shall be executed personally by the Contractor. If the Contractor is a partnership, it is desirable that the Agreement be executed by all of the partners, but it may be executed by one of them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief finance officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Agreement, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Agreement, or if it is executed by a person other than an officer, or only by one officer, there must be attached to the Agreement a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 2-05. Notice to Proceed: After execution of the Agreement and submission of Contractor’s performance and payment bonds and certificate of insurance, the City will issue the Notice to Proceed indicating that the Work may commence on the date indicated. Notice to Proceed will be issued within 120 days of Notice to Award, or any longer period agreed upon between the City and Contractor.
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Grace Hudson Museum Roof Replacement Negotiated Contract SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Intent of the Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project to be constructed. When the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any Work, materials or equipment that are customarily provided or that are reasonably inferable from the Contract Documents, as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws or regulations in effect on the first published date of the Notice Inviting Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign the City or the Engineer, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions, sections and articles for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 3-02. Examination and Verification of Contract Documents. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee of the City, or with the Engineer either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
3-03. Contract Drawings. The Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction.
All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
3-04. Coordination and Interpretation of the Contract Documents. These Specifications, the Plans, Special Provisions, and all supplementary Plans, drawings, and other Contract Documents are essential parts of the Contract, and a requirement occurring in one is just as binding as though occurring in all. These documents are intended to be integrated to describe and provide for a complete Work. In the event of a conflict in the Contract Documents, unless expressly indicated otherwise, the governing priorities are as follows:
1. A Change Order.
2. The Agreement.
3. Addenda. Subsequent Addenda shall govern over prior Addenda only to the extent specified.
4. Special Provisions.
5. In case of conflict between the Technical Specifications and the General Conditions, the Technical Specifications shall govern.
6. In case of conflict between Contract Drawings and the Special Provisions, the Contract Drawings shall govern in matters of quantity and the Special Provisions shall govern in matters of quality.
7. In case of conflict within the Contract Drawings involving quantities and quality, Contractor shall furnish the greater quantity and quality material and procedure.
8. In case of conflict within a plan sheet involving figured or numerical dimensions the profile shall govern over the layout.
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Grace Hudson Museum Roof Replacement Negotiated Contract
9. In case of conflict within the Special Provisions involving quality of material or procedure, Contractor shall furnish the higher quality material and procedure.
10. Specific notes shall govern over other notes and other portions of the Plans except Schedules.
11. Larger scale drawings shall govern over smaller scale drawings.
12. Detail plans shall govern over standard plates.
13. Figured or numerical dimensions shall govern over dimensions obtained by scaling.
14. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’ specifications or industry standards are in conflict, the more restrictive and higher quality shall govern.
The Contractor shall not take advantage of any error, discrepancy or omission in any of the Contract Documents if such error, discrepancy or omission was or should have been apparent to Contractor. As soon as Contractor discovers any apparent error, discrepancy or omission, Contractor shall immediately notify the Engineer, so that the Engineer may make a determination on the matter, which determination shall be final, subject to Contractor’s right to submit a claim in accordance with applicable provisions of the Contract Documents.
The Work shall be performed and completed according to the meaning and intent of the Contract Documents.
In the event of doubt or question arising concerning the true meaning of the Contract Documents or should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a Request for Information (“RFI”) to the Engineer for such further explanations as may be reasonable necessary and shall conform to the written explanation given as if part of the Contract Documents. The decision of the Engineer in such cases shall be final.
The Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) day period.
Each RFI prepared by the Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field.
Contractor shall not assert any claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for the City.
The response to an RFI shall not, by itself, constitute a writing that authorizes the Contractor to perform any Work that causes an adjustment to either the Contract Time or the Contract Price. If the Contractor believes that any response to an RFI should constitute a compensable change, the Contractor shall provide a Notice of Potential Claim as provided in Section 11-02, below. The Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable changes based on the RFI response.
The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the Engineer of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-conformities are discovered, shall obtain specific instructions in writing from the Engineer before proceeding with the Work. Contractor’s performance of any Work affected by such nonconformities prior to Engineer's decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents SECTION 4. BONDS
4-01. Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a performance bond (see attached City form) in an amount of 100 percent of the total Contract Price, as this sum is set forth in the agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise acceptable to the City.
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Grace Hudson Museum Roof Replacement Negotiated Contract 4-02. Payment Bond. As a part of the execution of this contract, the Contractor shall furnish a payment bond (see attached City form) in a sum not less than 100 percent of the total Contract Price, as this sum is set forth in the agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise acceptable to the City.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final Contract Price, to hold good for a period of one (1) year after the completion and Acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time.
This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
At the time of execution of the Agreement, the Contractor shall, at its own expense, procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001), covering all operations by or on behalf of the Contractor and providing insurance for the limits of liability indicated below.
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury by accident; $1,000,000 policy limit for bodily injury by disease; and $1,000,000 each employee for bodily injury by disease.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions.
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Grace Hudson Museum Roof Replacement Negotiated Contract 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, agents, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. The additional insured endorsement for the general liability policy shall be at least as broad as CG 2010 10 01 combined with CGL Endorsement CG 2037 10 01. All endorsements must be approved in writing by the City. General Liability endorsements must include coverage for ongoing and completed operations, which coverage shall be maintained for four (4) years following completion of the Project.
2. Contractor’s Commercial General Liability Insurance shall include coverage or endorsements for (1) Premises and Operations; (b) Produces and Completed Operations; (c) Broad form property damage (including completed operations); (d) explosion, collapse, and underground hazards; and (e) personal injury liability. Such insurance shall specifically cover the contractual liability of Contractor.
3. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
4. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, agents, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This shall be evidenced by such separate endorsement (CG 20 01 04 13 or an equivalnet0 or section of the policy.
5. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified herein; or (2) the fully coverage and maximum limits of any insurance proceeds available to het named insureds, whichever is greater.
6. Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
8. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
9. If there is an exposure to Contractor’s employees under the U.S. Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or other Federal Acts or under laws, regulations, or statutes applicable to maritime employees, Contractor’s Worker Compensation and Employer’s Liability Insurance coverage shall be included for such injuries or claims.
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Grace Hudson Museum Roof Replacement Negotiated Contract 5-05. Builder’s Risk/Course of Construction Insurance. The Contractor shall be responsible for all loss, damage, or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion.
The Contractor shall secure “All Risk” type of Builder’s Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards included the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowed under the Builder’s All Risk Policy shall be five percent (5%) of the Contract amount.
Builder’s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or tidal waves.
Coverage in the amount of five percent (5%) of the Contract amount for such losses is required. 5-06. Pollution Coverage. Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damages arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than $2,000,000. Contractor shall add the City and all parties required to be indemnified by Contractor as additional insureds on all pollution liability policies. 5-07. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-08. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-09. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Independent Contractor Status. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.
The Contractor and the Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents. 6-02. Superintendence By the Contractor. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the
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Grace Hudson Museum Roof Replacement Negotiated Contract safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.
Before issuance of the Notice to Proceed, the Contractor shall designate, in writing, the Project Manager, Site Superintendent and Safety Officer for Contractor on the project. The City must approve each of these three positions before issuance of Notice to Proceed. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the project; Contractor shall immediately comply with the City’s request, at no cost to the City, and shall designate a replacement according to the above designation procedure.
Superintendent shall be assigned to the site full time and the Project Manager shall be present at the work site whenever actions of the elements necessitate its presence to take measures necessary to assure contract compliance and to protect the Work, persons or property. Any order or communication given to the Project Manager or Site Superintendent shall be deemed delivered to the Contractor.
If requested by the Engineer, Contractor shall provide daily reports signed by Contractor’s Superintendent indicating the location and description of operations and details of the equipment and labor used to perform the items of Work.
Such details shall include the description of the items of Work, names and classifications of laborers, hours worked, description of equipment used, equipment numbers, and hours equipment are in use, and hours equipment may be idle.
When the Contractor has more than one construction contract with the City, each contract shall have independent field offices, field staff, and superintendence.
Additional requirements for superintendence or project staffing may be included in the Technical Specifications. 6-03. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, correspondence, meeting minutes, approved progress payments, and all other records relating to the Work at the work site. These records shall be maintained in good order, and they shall be available to the City and its authorized representatives for review, inspection and copying. 6-04. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City and its officers, directors, employees, and agents, including the Engineer, and the successors and assigns of any of them (collectively referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including, but not limited to, personal injury, property damage, or economic loss, arising from or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by Contractor; (2) Contractor’s performance of het Work under the Agreement; or (3) Contractor’s breach of any provision of the Agreement,. The duty of Contractor to indemnify and save harmless includes the dues to defend as set forth in Section 2778 of the civil Code. The only exception to these provisions is that Contractor’s obligations under this section will not apply to the extent that claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees. Contractor waives any and all rights to any type of express or implied indemnity against Indemnitees. This indemnity shall survive termination or Acceptance of the Agreement.
Any person, firm or corporation that Contractor authorizes to work on the city’s property, including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of Contractor’s Indemnity obligation described herein. 6-05. Protection of Persons and Property. The Contractor shall assume all responsibility for public safety during performance of the Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish such, erect and maintain, at its expense, such fences, signs and other devises, and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For
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Grace Hudson Museum Roof Replacement Negotiated Contract Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local entity, including the City, that owns that right-of-way.
The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State and local laws and regulations, rules and orders. The Work shall be done in a safe manner; and Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. Contractor shall also be responsible for ensuring that its Subcontractors comply with the provisions of this section.
Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.
When required by the Contract Documents, the Contractor shall construct, maintain and remove detours for the use of public traffic, without additional cost to the City.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.
Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work site, or as good as required by the Contract Documents if any such objects are a part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement. 6-06. Hazardous Chemicals and Wastes. The Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this section only, the term “claims” shall include:
1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and
2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its directors, employees, and agents for any loss, cost (including reasonable attorney’s fees), damage or liability, sustained or suffered by any person or entity, including the City.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.
Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the City.
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Grace Hudson Museum Roof Replacement Negotiated Contract 6-07. Protection of City Against Patent Claims. The Contractor shall assume all costs arising from the use of patented materials, devices or processes, used on or incorporated in the Work and shall indemnify and save harmless the City, together with all of its officers, agents, servants and employees from all suits at law, or actions of every nature for, or on account of the use of patented materials, equipment, devices, processes. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or costs.
In the event such materials, equipment, devices or processes are held to constitute an infringement and their used enjoined, the Contractor, at its expense shall:
1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or
2. Replace such materials, equipment, devices or processes, or
3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices, or processes and refund the sums paid therefor without prejudice to any other rights of the City. 6-08. Protection of Contractor's Work Property. The Contractor shall protect its work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under its control, until the completion and Acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-09. Regulations, Permits and Licenses. The Contractor acknowledges and agrees that, prior to submission to its bid for the work, it fully familiarized itself with the requirements of all federal, state, county, and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.
The Contractor shall secure for all permits and licenses, including any applicable building permits (except those procured by the City), pay all charges and fees, and give all required notices necessary and incidental to the prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of the work.
The contractor and any Subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City.
The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State, the City, or other local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.
6-10. Construction Utilities. The Contractor shall be responsible for providing all necessary utilities, including but not limited special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, and shall be responsible for payment of the same. For temporary utility services, the Contractor shall make its own arrangements with utility companies and pay all costs of these services directly to these utility organizations. 6-11. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 or otherwise shall not relieve the Contractor of any responsibility for errors therein and is not assumption of risk or liability by the City or any officer or employee thereof. The Contractor shall have no claim on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, at Contractor’s sole responsibility and risk, the plan or method proposed by Contractor. 6-12. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
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Grace Hudson Museum Roof Replacement Negotiated Contract 6-13. Subcontracting. The Contractor shall give its personal attention to the fulfillment of the Contract Documents and shall keep all Work under its control.
Nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier.
When a portion of the Work, which has been subcontracted by the Contractor, is not being prosecuted in a manner satisfactory to the City, the Subcontractor shall be removed immediately upon the request of the City, and shall not again be employed with respect to the Work.
All requested substitutions of Subcontractors listed in the Contractor’s Bid shall comply with Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive).
The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall be responsible for coordinating the work performed by Subcontractors and Suppliers.
The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than ten (10) days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event the Contractor does not make progress payments or release retentions to the Subcontractors in accordance with the time period(s) specified herein, the Contractor may be subject to prompt payment penalties per statute. 6-14. Lines and Grades. The Contractor shall perform all construction staking using a land surveyor licensed in the State of California. The Contractor shall provide a staking plan prior to commencement of the Work for the City’s review, shall preserve and maintain monuments, bench marks, reference points and stakes, and shall update the plan as necessary. The Engineer may verify the field condition. In case of destruction, the Contractor shall replace all monuments, stakes, reference points and bench marks and the Contractor shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Errors or inconsistences in the Contract Documents discovered by the Contractor shall be reported to the Engineer within 24 hours and prior to construction forms or related improvements. Any work installed without this requirements shall be subject to removal and replacement at the Contractor’s expense.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the Work, without delay, all rejected materials or structures brought to or incorporated in the Work. If the Contractor fails to do so, or to make satisfactory progress in doing so within forty-eight (48) hours after the service of a written notice from the Engineer, the rejected material or work may be removed by the City and the City may deduct the cost of such removal from any payments that are due or may become due to the Contractor. Contractor shall not use any such rejected material in the performance of the Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to its compliance with such requirements. 6-17. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workers who may be employed by the City on any work in the vicinity of the Work to be done under this contract with the work of such contractors or workers. The Contractor shall make good promptly, at its own expense, any injury or damage that may be sustained by other contractors or employees of the City caused by Contractor.
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Grace Hudson Museum Roof Replacement Negotiated Contract Any difference or conflict which may arise between the Contractor and other contractors, or between the Contractor and workers of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-18. Removal of Unsatisfactory Employees. The Contractor and Contractor’s Subcontractors shall, on the site of the Work, employ only such competent persons skilled in their respective lines of work. Whenever the Engineer notifies the Contractor that any person employed by or representing Contractor or any Subcontractor on the Work is, in the Engineer’s opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to or otherwise threatens or abuses any City employee or representative or nay member of the public, or is otherwise unsatisfactory, Contractor shall remove or require its Subcontractor to remove the person from the Work and shall not return that person to the Work except with the consent of the Engineer.
6-19. Labor Code Requirements. At its own expense, the Contractor shall comply with all laws, rules, and regulations that pertain to Contractor’s work force. Attention is directed to the following requirements of the California Labor Code.
1. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the Agreement is made or awarded, forfeit $25 for each worker employed in the performance of the Agreement by the Contractor or any subcontractor under Contractor 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 the Labor Code Section 1813. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of the Labor Code and notwithstanding any stipulation inserted in any contract pursuant to the requirements of these sections, work performed by employees of the Contractor or subcontractor in excess of 8 hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of 8 hours per day and in excess of 40 hours during any one week at not less than 1½ times the basic rate of pay, as provided for in Section 1815. In addition, contractor/subcontractor may be required to pay double the basic rate of pay for all hours worked in excess of 12 hours in any workday and under other circumstances. (See California Code of Regulations sections 16100(c)(6), 16200(a)(3)(F) and applicable prevailing wage determinations.)
2. Labor Non-Discrimination. Section 1735 of the Labor Code states that the Contractor shall not discriminate in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status of such persons, except as provided in Section 12940 of the Government Code.
3. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for compliance with these provisions by its subcontractors. a. The Contractor and each subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
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Grace Hudson Museum Roof Replacement Negotiated Contract i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. ii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement of the Department of Industrial Relations. iii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof. However, a request by the public shall be made through either the City, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (ii), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public may not be given access to the records at the principal office of the Contractor.
c. Unless required to be furnished directly to the labor Commissioner in accordance with paragraph (iii) of subdivision (a) of section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records may consist of printout of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
d. Contractor and each subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
e. Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or the subcontractor performing the contract shall not be marked or obliterated.
Any copy of records made available for inspection by, or furnished to, a multiemployer TaftHartley trust fund (29 U.S.C. Sec. 186 c(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
f.
i. Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records of certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individuals’ name, address, and social security number. ii. An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. g. Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall,
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Grace Hudson Museum Roof Replacement Negotiated Contract within five working days, provide a notice of a change of location and address. h. The Contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period he or she shall, as penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. i. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
j. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
k. The director shall adopt rules consistent with the California Public Records act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (title 1.8 (commencing with section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
4. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.
6-20. Prevailing Wages.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. This Agreement may be subject to both federal and state prevailing wage laws. The federal requirements (Davis-Bacon Act) will be provided if applicable. The state requirements are set forth herein. To the extent the contract provisions required by the Federal and State law are inconsistent, the Contractor is responsible for complying with the more comprehensive or strict requirements.
2. The Contractor and any Subcontractor shall comply with the California Labor Code Sections 1774 and 1775. In accordance with said Section 1775, Contractor and any subcontractor under Contractor shall forfeit as a penalty to the state or the City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for under the Contract by the Contractor or, except as provided in Subdivision (3), below, by any subcontractor under the Contractor.
The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) whether the failure to pay the correct rate of per diem wages was due a good-faith mistake, and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor; and (ii) whether the Contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or subcontractor to pay
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Grace Hudson Museum Roof Replacement Negotiated Contract the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor.
The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1.
If the amount due under this section is collected from the Contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
In addition to said penalty, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less that the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.
3. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:
(a) The contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 1777.5, 1813, and 1815 of the Labor Code.
(b) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
(c) Upon becoming aware of the subcontractor’s failure to pay his or her workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public work project.
(d) Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amount due pursuant to 1813 of the Labor Code.
4. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate per diem wages.
5. Pursuant to the provisions of Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages applicable to categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workers concerned, or if no collective bargaining applies, those holidays identified in Government Code Section 6700. Prevailing wage rates for this project are available at the Financial Services Manager’s office, located at 411 West Clay Street, Ukiah, CA 95482. In the event that the Contractor intends to utilize categories of workers different from, or in addition to, those anticipated by the City, it shall be Contractor’s responsibility to bring such categories of workers to the City’s attention
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Grace Hudson Museum Roof Replacement Negotiated Contract immediately, and to obtain the appropriate wage rate from the Department of Industrial Relations (with the City’s assistance if necessary). (See Title 8 California Code of Regulations Section 16202.) The Contractor shall post general prevailing wage rates at a prominent place at the site of the work.
6. Pursuant to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.
7. City will not recognize any claim for additional compensation based on the payment by the Contractor of any increased wage rate required during the term of the Agreement to the state prevailing wage rate, or the federal minimum wage rate. The possibility of wage increases during the course of the Agreement is one of the elements to be considered by the Contractor in determining the bid and any such wage increases will not, under any circumstances, be considered as the basis for a claim against the City.
8. When both California and Federal prevailing wage rates apply, the Contractor and any subcontractors shall pay their workers the higher of the two rates. The Contractor and any subcontractors shall insert this clause in any lower tier contract.
9. Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 6-21. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash, debris, garbage, or waste material, but shall maintain the site in a neat, orderly, safe and healthful condition until completion and Acceptance of the Work. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
Before final inspection of the Work, the Contractor shall clean the work site and all ground occupied by Contractor in connection with the Work of all rubbish, excess materials, falsework and temporary structures and equipment. All parts of the Work shall be left in a neat and presentable condition. Contractor shall implement a program of proper cleaning and “housekeeping” practices, employee training and other measures as needed to consistently maintain a clean Work site and shall at all times take all measures necessary to protect work in place and materials and equipment stored on site from contamination by dust, dirt, debris or mold. Full compensation for cleaning up and protection of work, materials and equipment is included in the prices paid for the various Contract items of work, and no separate or additional payment shall be made for cleaning up and protection of work, materials and equipment.
6-22. Disposal of Material Outside the Work Site. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the work site.
When any material is to be disposed of outside the work site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, Contractor shall submit said permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.
Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the City.
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Grace Hudson Museum Roof Replacement Negotiated Contract 6-23. Guaranty of Work. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor warrants that all materials and equipment furnished will be of good quality and new, that the Work will be free of defects in material or workmanship, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not property approved and authorized, may be considered defective.
This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.
The Contractor agrees to correct all defective Work discovered by the City during a period of one year from the date of acceptance of the Agreement by the City or Relief from Maintenance, whichever occurs first, or for such periods of time as set forth elsewhere in the Contract Documents. In addition to making corrections, repairs and/or replacements of any defective Work, Contractor shall correct, repair and/or replace any components of the Work that are damaged as a result of such defective materials, equipment and/or workmanship. Such corrective work shall be at the sole expense of the Contractor and shall be performed in a timely manner at the reasonable convenience of the City.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or its agent, the Contractor shall neglect to commence to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 10 percent of the final Contract Price, which shall be effective for a period of one (1) year after the completion and Acceptance of the work.
All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive.
Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents.
6-24. Payment of Taxes. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.
The Contract Price shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Agreement.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
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Grace Hudson Museum Roof Replacement Negotiated Contract SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Personal Liability. Neither the City’s Council members, City Manager, Officers, Agents, Representatives, nor Employees shall be personally responsible for any liability arising under or by virtue of this Agreement. 7-02. Authority of the Engineer. The City has the final authority in all matters affecting the Work covered by the Contract Documents.
With respect to Contractor’s performance of the Work, the Engineer shall have the authority to enforce compliance with the Contract Documents. In accordance with the Contract Documents, the Contractor shall promptly comply with all instructions from the Engineer, and the Engineer shall have the authority to enforce and make effective such decisions and orders in the even the Contractor fails to promptly carry out the same.
The Engineer’s estimate and decision in all matters shall be final and binding, and shall be a condition precedent to any payment under the Contract Documents.
7-03. Inspection. The City and all of its representatives, including but not limited to the Engineer, shall at all times have safe access to the Work and shall be furnished with every reasonable facility for ascertaining that the workmanship and materials are in accordance with the requirements and intentions of the Contract Documents. All Work done and all materials furnished shall be subject to the Engineer’s on-site and off-site observation.
Contractor shall give notice not less than three (3) working days in advance of the beginning of the work on any such material or of the beginning of any such test to allow the Engineer to make arrangements for inspecting and testing or witnessing the inspection or testing, if such inspection and testing or witnessing are deemed beneficial by the Engineer or are required by the Contract. The observation and/or approvals of the workmanship or materials by the Engineer shall not relieve the Contractor of any obligation to fulfill the requirements of the Contract documents.
Workmanship and materials not meeting such requirements shall be corrected, and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or that payment therefor has been included in a progress estimate.
If the Engineer considers it proper and practicable, the Engineer will, at the written request of Contractor, cause materials intended for use in the Work to be inspected at the point of production or manufacture. The Engineer may at any time cause such an inspection, however, it will not be undertaken until the Engineer is assured of the cooperation and assistance of both Contractor and the material producer. The Engineer or the Engineer’s authorized representative(s) will have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. Notwithstanding the foregoing, the City shall have no obligation to inspect materials at the source of supply.
Unless authorized by the Engineer, any work done in the absence of an Inspector that is completed or in progress shall be subject to inspection. If required by the Engineer, Contractor shall furnish all tools, labor, materials, and other facilities necessary to make such inspection, even to the extent of uncovering or taking down portions of the finished work. Contractor shall pay the cost of such inspection and removing any defective work and performing any necessary reconstruction.
The Engineer may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work that has been covered prior to observation by the City, does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
7-04. Rights-of-Way. To the extent indicated in the Contract Plans, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall produce evidence that agreements are in place with said third parties
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Grace Hudson Museum Roof Replacement Negotiated Contract before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by Contractor’s operations shall be the sole responsibility of Contractor. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Contract Documents, and if the defect is not of sufficient magnitude or importance to make the Work or any portion of the Work dangerous or undesirable, the Engineer may, but is not obligated to, retain such work instead of requiring the work to be removed and reconstructed. The Engineer may make such deduction from the payments due or to become due the Contractor as may be determined appropriate by the Engineer to account for the defect or pay the City’s costs of removal and reconstruction. 7-06. Changes in the Work. The City, without invalidating this Agreement and without notice to Contractor's surety, may order changes in the Work, consisting of additions, deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including changes in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the City. If Contractor claims that performance of any work entitles it to additional compensation or to an extension of the time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) days of discovering such impact, by submitting the Notice of Potential Claim described in Section 11-02, below, or notice of delay as described in Section 9-02, below. If the City refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific claim for additional compensation and/or extension of the time for performance within fifteen (15) days after such work is performed. Failure to provide written notice of claim prior to undertaking such work, or failure to submit timely a complete and specific claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such claim. No claim, dispute or controversy shall interfere with the progress or performance of the Work and Contractor shall proceed with the Work as directed by the City. Failure to so proceed shall amount to a default under this Agreement.
Any changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify:
(1) the Work to be done in connection with the change to be made; (2) the amount, if any, of the adjustment of the Contract Price, and the basis for compensation for the changed work ordered; and
(3) The extent of the adjustment in the Contract Time, if any.
A Contract Change Order shall not become effective until an authorized representative of the City has signed it.
Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order, or unless Contractor was previously directed to perform the work, in which case Contractor will track the work as provided in the Section 10-09 below.
A Contract Change Order signed by both parties is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended overhead, delay or any other "impact" claim or "ripple effect" claim. Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order.
Adjustments to the Contract Price shall be determined as provided for in section 10-08 of these Special Provisions and Adjustments to the Contract Time shall be determined as provided in Section 9-02 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Differing Site Conditions. No later than twenty-four (24) hours of discovery of any purported differing site conditions and before such conditions are disturbed, the Contractor shall notify the City in writing of: (1) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from information made
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Grace Hudson Museum Roof Replacement Negotiated Contract available to the Contractor before the submission of its bid, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
In the event conditions as described in (1), (2) or (3) above are discovered, the Contractor shall continue to diligently prosecute the work in the other portions of the site not affected by such conditions. The Contractor shall also use its best efforts to prevent and/or minimize delays or disruptions to the affected portions of the work.
The City will promptly investigate the purported differing site conditions. If the City finds that such conditions do materially differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under this Agreement, an equitable adjustment shall be made and the Agreement will be modified in accordance with the Change Order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth herein, but shall retain such rights as provided elsewhere in these Contract Documents.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Agreement.
7-08. Additional Drawings by City. In addition to these drawings made part of this Contract at the time of execution, but incorporation or reference, the Engineer may furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions, Contract Drawings, or other Contract Documents and the Contractor shall make its work conform to all such drawings.
7-09. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the Work, or of adjacent structures or property and immediate action is necessary in order to protect the public, any person or any property or property interest (“emergency work”), the Engineer, with or without notice to the Contractor may, but is not obligated to, take such action to obtain or provide for such work or material as the Engineer may consider necessary and adequate to furnish such protection.
The City’s cost to perform, obtain or provide such action, work and material so furnished shall be paid by the Contractor and may be deducted by the City from any payment due or to become due to the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from its responsibility or liability for any damages which may occur during or after any actions have been taken by the Engineer.
7-10. Suspension of the Work. If the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the City may, in writing, order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The Contractor shall immediately comply with the City’s written order to stop the Work. Contractor shall resume Work as and when ordered to do so by the City. Any stoppage of the Work under this section shall be at Contractor’s expense, and Contractor shall have no claim against the City based on Contractor’s failure to perform the Work in accordance with the Contract Documents.
In addition to the City’s right to stop Work, the City may order Contractor to submit to the City, at no additional cost to the City, additional information concerning Contractor’s planned Work if Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of submittals or Working Drawings not otherwise required to be submitted under the Contract Documents.
In the event the City discovers that the Contractor has created an unsafe condition, the City may arrange for other work forces to remedy the condition. (Such remedial Work will be at the sole discretion of the City.) If this action is required, the City may unilaterally terminate Work under the Agreement, and will pay only for the quantities of Work
{00245263.1} 31 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required to correct unsafe conditions.
The right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under the Contract Documents. The City’s right to stop the Work shall not relieve the Contractor of any of its responsibilities under or pursuant to the Contract Documents. 7-11. Termination of the Contract for Cause.
An “Event of Default” as referred to in this section shall occur if the Contractor:
1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or
2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or
3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or
4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and Subcontractor and Contractor and Supplier; or
5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or
6. Abandons, assigns or sublets the Agreement without approval of the City; or
7. Becomes bankrupt or is subject to appointment of a receiver on behalf of Contractor; or
8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
Upon the City’s reasonable belief that there has been an Event of Default by Contractor, the City may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) days from Contractor’s receipt of the City’s written notice.
If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Agreement, or portion thereof.
Upon the City's election to terminate the Agreement, or portion thereof, the City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion.
The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due. When the City terminates the Agreement under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.
{00245263.1} 32 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract The City will issue to the Contractor a written notice specifying that the Agreement, or portion thereof, is terminated.
Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:
1. Stop all Work under the Agreement; or if partial termination, stop Work relating to the terminated portion of the Agreement;
2. Perform Work the City deems necessary to secure the work site for termination including measures to leave the worksite in a safe condition.
3. Remove equipment from the site of Work, as specified by the City.
4. Take such action as is reasonably necessary to protect materials from damage.
5. Notify all Subcontractors and Suppliers that the Agreement or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City.
6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;
7. Dispose of materials not used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such materials;
8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontracts or orders for materials terminated hereunder. To the extent directed by the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with Contractor for the Work.
9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which federal funds are involved, all documentation required under the federal requirements included in the Agreement; and
10. Take such other actions as the City may direct.
If only a portion of the Work has been terminated, Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.
The City may recover from Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of Contractor’s default. 7-12. Termination for Convenience of the City. The City may terminate the Agreement, in whole or in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City.
Any termination which is not based on the circumstances set forth in Section 7-10 above shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of Work under the Agreement is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and Work performed up to the date of termination plus the markup allowed on labor, equipment, and materials as provided in the Force Account Provisions, herein.
Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 7-10 above.
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Grace Hudson Museum Roof Replacement Negotiated Contract In the event that the City terminates this Agreement under Section 7-10 above and it is determined for any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Section and the terms and conditions outlined in this Section automatically will be applied to effectuate the Agreement termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.
Work shall be done and completed in a thorough and workmanlike manner. 8-02. Materials and Equipment Specified by Name. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the Work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:
1. The Contractor shall submit its request in writing for an alternative article or material. Such request shall be made in ample time to permit review and approval without delaying the Work. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.
2. No such request will be considered unless accompanied by complete information and descriptive data necessary to determine whether the offered materials, articles, or equipment is equal to the specification in the Contract Documents. Samples shall be provided when requested by the City. The Contractor shall satisfy the City as to the equal quality, suitability or performance of the offered materials, articles or equipment. In the event that the City rejects the use of such alternative materials, articles or equipment, then one of the particular products designated by brand name will be furnished.
3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and it shall furnish all information necessary as required by the City. The City shall be the sole judge as to the quality and suitability of alternative articles or materials and its decisions shall be final. Where use of an alternative material involves redesign of, or changes to, other parts of the Work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.
4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.
8-03. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332.
The Engineer may require Contractor to provide information on the source of supply of materials for the Work and may require that the Engineer’s approval be obtained prior to Contractor securing any or all materials. The Engineer may require Contractor to submit representative samples of materials for inspection and testing by City.
Even though a source of supply has been approved, the approval shall not prevent subsequent disapproval or rejection of materials, if the quality of the product or material is later determined to be below the standard or requirements set by any of the Contract Documents
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Grace Hudson Museum Roof Replacement Negotiated Contract 8-04. Storage of Materials. All Materials shall be delivered, stored, and handled in a manner that protects them from damage, moisture, dirt, and intrusion of foreign materials. Ordering and delivery of materials should be planned according to the work progress to minimize storage on site, where there are higher possibilities of damages and deterioration of materials. Materials delivered should be checked against the specifications and approved samples.
8-05. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of the Contract Documents. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with the Engineer’s approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material.
Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to the Contractor who shall be responsible for the successful construction of the Work. The Engineer shall approve working Drawings before any Work involving such drawings is performed. It is expressly understood that approval of the Working Drawings shall not relieve the Contractor of any of its responsibility under the Agreement of its obligations under the Contract Documents.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of its methods of execution of the Work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, the Engineer may order the Contractor to increase or improve its facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from its obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of its plant, equipment and methods.
9-02. Beginning of Work. After execution of the Agreement by both parties, the City will issue a Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.
Within fifteen (15) days after the effective date contained in the Notice to Proceed, and subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of a Construction Schedule, the Contractor shall commence Work at the site and shall diligently and prosecute the Work to final completion within the time limit provided in the Contract Documents. Contractor shall also achieve any and all Agreement milestones as described elsewhere in the Contract Documents.
The Contractor shall notify the City, in writing, of its intent to begin Work at the site. 9-03. Delays and Extensions to the Work. Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any delay in substantially completing the Work (or parts thereof)
{00245263.1} 35 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in Work” elsewhere in the Contract Documents or acts or neglect of the City not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following:
1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent the delays and minimize the effects thereof; and
2. That the Contractor notifies the Engineer in writing within three (3) days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.
No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that he has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as requested by the Engineer or as otherwise required by the Technical Specifications, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the city that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.
The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents or to materials, parts, articles or equipment furnished by the City.
No extensions of time will be granted for delays that have no measurable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension.
Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension.
Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal weather” occurs when the number of days of rain above 0.5 inches in a 24 hour period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by Contractor or those for whom Contractor is responsible, Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed.
In addition, before a time extension may be granted for abnormal weather, Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day.
Contractor shall employ reasonable methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather.
{00245263.1} 36 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract In the event that the project experiences favorable weather for a particular month (e.g., a number of actual rain days in a month less than that indicated in the above table for allowable rain days per month), the additional float resulting from such favorable weather shall accrue to the project. 9-04. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
SECTION 10. PAYMENT
10-01. Schedule of Values. Within ten (10) days after the bid opening, but in any event prior to execution of the Agreement, the Contractor shall submit to the City a detailed Schedule of Values.
Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum Bid Item. The City, prior to any progress payment being made, must approve the Schedule of Values.
At the Engineer’s discretion, the approved Schedule of Values may be used as the basis of calculating the adjustment in compensation for a Lump Sum Bid Item due to changes ordered by the City. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Engineer’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 10-08(2). 10-02. Progress Payments. On a monthly basis, the Contractor shall submit Applications for Payment in a form approved by the City. The Contractor’s Applications shall be based on the Schedule of Values submitted with the Contractor’s bid. These applications shall be supported by (1) documentation requested by the City to substantiate the payment request; (2) statutory releases from the Contractor and all subcontractors and suppliers pursuant to Civil Code section 8132 through 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of het payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for the purpose of evaluating the application.
Pursuant to Public Contract Code Section 20104.50, the city will pay the Contractor within thirty (3) days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) days of its receipt of Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. The City’s failure to timely return the application shall not be considered a breach of the Agreement.
Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.
The City may deduct the following from each progress payment:
1. An amount equal to one hundred percent (100%) of the amount claims under any stop payment notice or other lien filed against the Contractor, plus an amount to provide for the reasonable cost of litigation thereunder;
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Grace Hudson Museum Roof Replacement Negotiated Contract
2. Any liquidated damages or assessments that have accrued as of the date of het application for payment.
3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.
4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Agreement, including damages to the City’s property.
The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Retention on Progress Payments. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City, the remainder less any deductions described above will be paid to the Contractor as progress payments.
Pursuant to Pubic Contract Code Section 22300, the Contractor submit securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of Public Contract Code 22300, if the Contractor deposits in escrow with the City or a bank acceptable to the City, securities eligible for investment under California Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the City under the following conditions:
1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.
2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section
3. The Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code Section 22300.
4. The Contractor shall obtain the written consent of the surety to such agreement.
10.04. Title. Title to Work for which progress or other payments have been made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of progress payments, full title shall pass to the City at time of delivery or completion of the Work. Work to which the City has received title by reason of progress payments shall be segregated from other Contractor and/or Subcontractor materials related to the Work and clearly identified as the City property.
The title transferred as above shall in each case be good and free and clear from any and all security interests, liens, and/or other encumbrances. The Contractor shall not pledge or otherwise encumber any item in any manner that would result in any lien, security interest, charge, and/or claim against said items.
The transfer of title as specified above shall not be deemed as an acceptance of the Work by the City, nor relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents. Contractor shall still be obligated to protect the work from damage until the City’s acceptance of work. 10-05. Final Inspection and Acceptance of the Work. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily.
When the Contractor believes that the entire Work is fully and finally complete, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents, and the completion of all punch list and clean up items, the Contractor shall submit to the Engineer a written request for Final Acceptance within fifteen (15) days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed.
Within thirty (30) days after receipt of the request for Final Acceptance, the City will inspect the Work and will either:
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Grace Hudson Museum Roof Replacement Negotiated Contract
1. Reject the request for Final Acceptance, specifying the defective and/or uncompleted portions of the Work; or
2. Advise the Contractor that Acceptance of the project will be recommended to the City Council at the next available regularly scheduled City Council meeting and provide the Contractor with a Notice of Final Acceptance after acceptance by the City Council.
If the City rejects the request for Final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of het Work. Thereafter, the Contractor shall again submit a written request for Final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and the City Council has accepted the project as complete. Immediately upon and after notification from the Engineer that the City shall be recommending Acceptance of the project, the Contractor will be relieved of the duty of maintaining the Work as a whole. Upon Acceptance by the City Council, the City will issue a Notice of Final Acceptance to the Contractor.
All warranties commence upon Final Acceptance of the Work.
The City’s Final Acceptance of the Work shall not be construed as an Acceptance by the City of any latent defects discovered with the Contractor’s Work. Furthermore, the Contractor’s obligations under Section 6-05 (Indemnification) shall remain applicable after the City’s grant of Final Acceptance of the Work. 10-06. Final Payment and Claims. Final payment will be made only after the Contractor has achieved Final Completion of the Work pursuant to Section 10-04 (Final Inspection and Acceptance of the Work).
Before final payment can be made, the Contractor shall have furnished the City with the following:
1. All As-Built drawings, catalogues, instruction sheets and information as required by the Contract Documents.
2. One signed copy of the Release as discussed below in this section and on a form furnished by the City.
3. Conditional Waivers and Releases Upon Final Payment executed by the Contractor and all subcontractors and suppliers, as provided by Civil Code section 8136. Unconditional Waivers and Releases upon Final Payment, as provided in Civil Code section 8138, executed by Contractor and all subcontractors and suppliers, will be provided for all subcontractors and suppliers that have been paid in full. Contractor will submit such releases for subcontractors and suppliers that will be receiving part of the final payment within fifteen (15) days of receipt of such final payment.
Within thirty (30) days of the date of the City’s Notice of Final Acceptance, the Contractor shall prepare and submit a proposed Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for the actual quantities of the Agreement items of work constructed in accordance with the Contract Documents.
Submitted with Contractor’s proposed Final Invoice shall be its final documentation with respect to any claims that the Contractor has elected to continue to pursue; if there are no such claims, Contractor shall include a statement that there are no outstanding claims regarding the Work. Contractor will have no right to pursue any claim unless Contractor has fully complied with the conditions for notice and submission of such claims as in these Contract Documents.
The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) days thereafter, the Contractor shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approved Final Invoice.
If no claims are submitted with the proposed Final Invoice, and agreements are reached on all questions regarding the proposed Final Invoice, the City in exchange for an executed release, satisfactory in form and substance to the City as provided below, will pay the entire sum found due on the approved application. However, the City will
{00245263.1} 39 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
If the Contractor does submit claims with the proposed Final Invoice, then upon final determination of all the Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any, allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
Claims filed by the Contractor shall be fully supported and made in sufficient detail to enable the City to ascertain whether the basis and amount of said claims are valid. If additional information or details are required by the City to determine the validity of the claims, Contractor shall furnish such further information or details so that the City receives the information or details no later than seven (7) days after receipt of the written request from the City.
Failure to submit such information and details to the City within the time specified will be sufficient cause for denying the claim.
Contractor shall maintain and submit full and complete records of the costs and additional time incurred for the work for which a claim for additional compensation is made. The City or its designated claim investigator shall have access to any additional records as may be required by the City to determine the facts and contentions involved in the claims. Failure to permit access shall be sufficient cause for denying the claims.
A notarized certificate indicating the following language shall accompany claims submitted by the Contractor:
Under the penalty of perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the claim submitted herewith for additional compensation and time, if any, made with respect to the Work on this Agreement is a true and accurate statement of the actual costs incurred and time sought, and is fully documented and supported under the Agreement between Contractor and the City.
__________________________________________________________ Name
__________________________________________________________ Title
__________________________________________________________ Date
__________________________________________________________ Notary
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City and shall be to the extent allowed under the California False Claims Act or other applicable law.
The release from the Contractor shall be from any and all claims arising from the Work under and in connection with the Agreement and shall release and waive any claims against the City. The release shall be accompanied by a certification by the Contractor.
1. That it has resolved any claims made by Subcontractors, Suppliers and other against the Contractor or the Project.
2. That it has no reason to believe that any party has a valid claim against the Contractor or the Project which has not been communicated in writing by the Contractor to the City with the certification; and
3. That all warranties and guarantees are in full force and effect. The release and the certification shall survive Final Payment.
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Grace Hudson Museum Roof Replacement Negotiated Contract Final payment will be made within thirty (30) days after receipt of an approved final invoice and other required submittals referenced above and determination of all Contractor’s claims, or sixty (60) days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved final invoice has not been submitted within sixty (60) days after Acceptance of the work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums.
The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor.
The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under this Agreement, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from:
1. Unsettled or future liens,
2. Failure of the Work to comply with the requirements of the Contract Documents,
3. The terms of any warranties required by or contained in the Contract Documents,
4. The right to any insurance proceeds or the right to make any insurance or bond claims,
5. Any claims with respect to Contractor’s obligation of indemnity with respect to claims asserted by third parties, or
6. Any latent deficiencies with the Work or Contractor’s fraud. 10-07. Stop Payment Notices. The City will retain and withhold from payment to the Contractor sufficient sums to cover stop payment notices filed pursuant to sections 9350 et seq. of the California Civil Code, including an amount to provide for the reasonable cost of any litigation thereunder. 10-08. Contract Price Adjustment. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and at its sole discretion:
1. Lump Sum. Contractor and the City may agree on a lump sum amount for the Change Order. At the City's request, Contractor will provide pricing for the work.
2. Unit Prices. The unit prices set forth in the Contractor’s Bidding Schedule will be utilized where they are applicable and acceptable to the City. The Contractor’s unit prices shall remain firm and shall not be subject to adjustment unless and until the actual quantity of work is increased or decreased by Contract Change Order in an amount greater than 25% from the estimated quantity indicated for such item.
Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the City in the same manner if the work were to be paid for on a force account basis.
3. Force Account. Where the City and Contractor are unable to agree on lump sum pricing and if the City does not elect to utilize the unit prices in Contactor's bid, or such unit prices are not applicable, the changed work will be performed and tracked by Contractor as Force Account Work as described in Section 10-09. The City will pay for such work properly attributable to the change in accordance with those Force Account provisions.
4. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety.
The City makes no representation that any work under a bid item of Work will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and Contractor shall not be entitled to any anticipated profit, unabsorbed overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to force account mark-ups on the direct and verifiable costs incurred prior to the City’s order that deletes the work.
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Grace Hudson Museum Roof Replacement Negotiated Contract Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned material will also be paid for by the City. The actual direct and verifiable costs to be paid by City as provided herein will be computed in the same manner as if the work were to be paid for on a force account basis, including the application of force account mark-ups to said costs.
10-09. Force Account Payment. When Work performed pursuant to a Change Order is to be paid for on a force account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be subject to the approval of the City, and the compensation will be determined as set forth below in this section.
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the Work as hereafter provided.
To the total of the direct costs computed as provided in Sections (1) "Labor," (2) "Materials" and (3) "Equipment Rental," below, there will be added a markup of fifteen percent (15%) to the cost of labor, ten percent (10%) to the cost of materials, and five percent (5%) to rented equipment.
The above markups shall constitute full compensation, covering the costs of all supervision, overhead, profit and any other general expense not specifically designated as a direct cost in Sections (1), (2) and (3) below. The total payment made as provided above (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim.
When work paid for on a force account basis is performed by forces other than the Contractor's own forces, the maximum allowable mark-ups for the subcontractors’ costs shall be fifteen percent (15%) to the cost of labor, ten percent (10%) to the cost of materials, and five percent (5%) to rented equipment. Contractor will be entitled to an additional markup of five percent (5%).
(1) Labor. The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the Work. All labor costs associated with overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the above mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, will be the sum of the following:
(a) Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. (b) Labor Surcharge. To the actual wages, as defined in Section (a), will be added a labor surcharge set forth in the County of Sacramento Standard Construction Specifications that are in effect on the date upon which the work is accomplished. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section (a) and subsistence and travel allowance as specified in Section (c).
Labor rates submitted for work under time and materials shall include the labor surcharge
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Grace Hudson Museum Roof Replacement Negotiated Contract (c) Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to such workers. No mark up will be allowed on subsistence and travel expense. (2) Materials. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, Subcontractor or other forces, from the Supplier thereof, except to the extent that the following are applicable:
(a) If a cash or trade discount by the actual Supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken.
(b) If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual Supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier plus the actual costs, if any, incurred in the handling of such materials.
(c) If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided in Section (a), whichever is lower.
(d) If the cost of such materials is, in the opinion of the City, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned, less any discounts as provided in Section (a). (e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within sixty (60) days after the date of delivery of the materials or within fifteen (15) days after Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned, less any discounts as provided in Section (a).
(3) Equipment. Within fifteen (15) days after request by the City, the Contractor shall submit a list of equipment intended to be used on the Agreement for review and approval by the City. The equipment list will identify all pieces of the equipment to be used on the project and will include the make, model number, serial number and all attachments for each piece of equipment. The equipment submittal will include hourly rates (excluding operators) for (i) equipment operated for forty (40) hours and less per week; (ii) equipment operated for more than forty (40) hours per week; and (iii) equipment not operated and on standby. In determining a suitable rental rate for equipment, the Engineer shall take into consideration the applicable Schedule of Equipment Rates issued by Caltrans, as well as Contractor’s proposed rate(s) and supporting documentation.
Standby rates will apply for equipment operating over eight (8) hours in any given twelve (12) hour shift.
Equipment located at a work site and utilized on non-force account work shall not be eligible for standby payment, and shall be charged on a force account basis only when solely performing preapproved force account work tasks.
If it is deemed necessary by the City to use equipment not listed in the approved Equipment Submittal, outside rentals may be utilized. Contractor shall provide copies of invoicing from the rental agency as part of the force account documentation.
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Grace Hudson Museum Roof Replacement Negotiated Contract The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, ownership, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section (1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used. Prior to beginning force account work, the City and Contractor shall agree on all equipment to be used for the work described in the daily time and material form.
Individual pieces of equipment or tools not listed in said publication and having a replacement value of $1000 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.
No payment will be made on a force account basis for equipment that is inoperative due to breakdown, servicing or repair or is not functioning according to the manufacturer’s performance standards or is not being operated by a qualified operator.
For the use of equipment not listed on the approved Equipment Submittal that is moved in on the work and used exclusively for extra work to be paid for on a force account basis, the Contractor will be paid at the actual rental rates verified by the Contractor or rates charged for similar equipment listed in the Equipment Submittal. The cost of transporting the equipment to the location of the work and its return to its original location will be paid in accordance with the following provisions. The original location of the equipment to be hauled to the location of the work will be agreed to by the City in advance. The City will pay the costs of loading and unloading such equipment. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers. The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.
Equipment charges shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day of the work week (defined elsewhere in the Contract Documents) that the equipment is at the site of the extra work, excluding legal holidays, unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the City directs the Contractor to discontinue the use of such equipment.
Equipment operated less than thirty (30) minutes shall be considered to be one-half (1/2) hour of operation charged accordingly.
Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions; however, such payment shall not exceed the cost of moving the equipment to the Work.
Payment for transporting and loading and unloading equipment, as above provided, will not be made if the equipment is used on the Work in any other way than for extra work paid for on a force account basis.
10-10. Records. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations.
From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City , for each day’s extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily extra work reports shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated. Daily extra work and force account reports (actual or claimed) shall be signed by both the Engineer and Contractor’s representatives within twenty-four (24) hours of the performance of the work.
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Grace Hudson Museum Roof Replacement Negotiated Contract Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports.
Should said vendor’s invoices not be submitted within sixty (60) days after the date of delivery of the material or within fifteen (15) days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities, less any discounts.
The Contractor or its authorized representative shall sign said daily extra work reports.
The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City.
The Contractor’s cost records pertaining to Work paid for on a force account basis shall be open to inspection or audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years after the date of Agreement completion and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) days notice of the time when such audit is to begin. 10-11. Compensable Delay. Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements:
1. Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work.
2. The delay was caused solely by the City’s issuance of changes made pursuant to the provisions of “Changes in Work” elsewhere in these Special Provisions or by acts or neglect of the City.
3. The delay was unreasonable under the circumstances and not within the contemplation of the parties.
It is expressly understood and agreed that delays caused by the City will be non-compensable when there are concurrent delays caused by the Contractor. Also, Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes.
Upon the Engineer’s written request, the Contractor shall make its financial records available for audit by the City for the purpose of verifying the actual rate of overhead specified in the audit submitted by the Contractor. The overhead specified in the audit, submitted by the Contractor, will be subject to approval by the Engineer.
Contractor's damages and/or additional compensation for delays will consist solely of the extended costs of maintaining Contractor's jobsite presence. Contractor will not be entitled to any extended home office overhead.
Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis with the following exceptions:
1. The time for which such compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.
2. The days for which compensation will be paid will be each calendar day of the work week during the existence of such delay, except that when rental of the equipment is paid for under the
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Grace Hudson Museum Roof Replacement Negotiated Contract provisions in “Force Account Payment – Equipment”, no payment will be made for delays in accordance with the provisions in this section.
10-12. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension.
10-13. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, in addition to those cost items identified in section 10-10, will be sustained by the City and that it is and will be impracticable and extremely difficult to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum set forth in the Agreement per day for each and every calendar day's delay beyond the time prescribed and the additional number of calendar days, if any, authorized by Contract Change Order, and that Contractor agrees to pay said liquidated damages herein provide for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Agreement.
SECTION 11. DISPUTE RESOLUTION
11-01. Timely Notice of Claim. Contractor shall be solely responsible for providing written notice to the City of any claims for additional compensation and/or time in accordance with the provisions of the Contract Documents. It is City’s intent to investigate and attempt to resolve any Contractor claims before the Contractor has performed any disputed Work. In addition, the City desires to mitigate its responsibility (if any) for any Contractor claims before the disputed Work is performed. Therefore, Contractor’s failure to provide written notice within the time limitations set forth below shall constitute a waiver of Contractor’s claims for additional compensation and/or time. 11-02. Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the City (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless it shall have given the City due written notice of potential claim as hereinafter specified; provided, however, that compliance with this section shall not be a prerequisite as to matters within the scope of the notice provisions in “Delays and Extension of Time” elsewhere in these Contract Documents, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the City, such notice shall be given to the City prior to the time that the Contractor has started performance of the Work giving rise to the potential claim for additional compensation, but in no event more than three (3) days after the occurrence that gives rise to the Contractor’s claim. In all other cases, notice shall be given within three (3) days after the happening of the event or occurrence giving rise to the potential claim.
If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit a complete and specific claim for additional compensation and/or extension of the time for performance within fifteen (15) days after such work is performed. Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of any such claim.
The Contractor hereby agrees that he or she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed.
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Grace Hudson Museum Roof Replacement Negotiated Contract If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be governed by all applicable provisions of the Agreement.
The Contractor shall maintain cost records of all Work that is the basis of any dispute. On a daily basis, Contractor shall submit to the City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work. These daily forms shall itemize all of Contractor's costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized representative. The City’s receipt of Contractor’s daily forms shall not constitute an approval of the Contractor’s claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of Contractor’s right to claim any additional compensation for the disputed work.
Each Contractor claim shall include full and complete information concerning the Claim. Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation.
The City will review any timely claim submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require.
If an agreement can be reached which resolves the Contractor claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor claim, Contractor shall still be obligated to comply with the claim identification provisions identified in the Section 10-06 (Final Payment and Claims).
In the event that a subcontractor or supplier asserts a claim against the Contractor under its agreement with Contractor, the subcontractor or supplier shall look only to the Contractor for any payment or relief. Subcontractors and suppliers shall have no claim or cause of action against the City if such claim or cause of action arises out of the subcontractor’s or supplier’s agreement with Contractor. 11-03. Claims Procedure Pursuant to Public Contract Code Section 9204. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim
Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time specified herein, such Claim shall be deemed to be rejected in its entirety.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.
If the Contractor disputes the City's written response, or if the City does not respond within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within ten (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
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Grace Hudson Museum Roof Replacement Negotiated Contract the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity 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. 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. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures stated in Section 11-04, below.
11-04. Litigation and Forum Selection. Contractor and the City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.
SECTION 12 MISCELLANEOUS PROVISIONS
12-01. Laws to Be Observed. The Contractor shall keep itself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, 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. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any such requirements, the Contractor shall immediately report the same to the City in writing.
The laws of the State of California shall govern the Contract Documents.
If any part of the Contract Documents is declared invalid by a court of law, such decision will not affect the validity of the remaining portion, which shall remain in full force. 12-02. Rights in Land and Improvements. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner or tenant of such land, structure or buildings. The Contractor shall not occupy Cityowned property outside the limit of the Work shown on the Contract Drawings unless he obtains prior approval. 12-03 Antitrust Claims. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which shall be applicable to the Contractor and its subcontractors:
“In entering into a public works contract or a sub-contract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the sub-contract. This assignment shall be made and become effective at the time the awarding body tenders
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Grace Hudson Museum Roof Replacement Negotiated Contract final payment to the Contractor, without further acknowledgement by the parties.”
12-04. Third Party Rights. No provisions of the Contract Documents shall in any way inure to the benefit of any third party (including the public at large) so as to constitute such person a third party beneficiary of the Agreement or of any one or more of the terms and conditions of the Agreement or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents.
12-05. Assignment. The performance of the Agreement may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment, which would relieve the original Contractor or its surety of their responsibilities under the Agreement, nor will the City consent to any assignment of a part of the Work under the Agreement.
The Contractor may assign monies due or to become due under the Agreement and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Agreement, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein 12-06. Rights to Drawings and Technical Data. Shop Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Agreement.
Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontractor pursuant to the Agreement are the property of the City, and the City may use or disclose same in any manner and for any purpose.
12-07. Gratuities and Conflict of Interest. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, employees, agents, the Engineer, consulting engineers and architects, Inspectors and/or testing agencies retained by the City. If it is found that the Contractor has violated this provision, the Agreement may be subject to termination for default as defined elsewhere in these Special Provisions.
During the term of the Agreement and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City employees and authorized representatives, agents, the Engineer, and any engineering service consultants, consulting Engineers and architects, Inspectors, and/or testing agencies retained by the City. Any exceptions to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Agreement, the Agreement may be subject to termination for default.
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TECHNICAL SPECIFICATIONS
SECTION 13. GENERAL INFORMATION
13-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of all labor, equipment and materials to replace the existing roof with a standing seam metal roof at the Grace Hudson Museum, located at 431 South Main Street in Ukiah, California.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract.
Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233. 13-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:
Section No. Title
13 General Information
14 Construction Details
13-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". 13-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 13-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 13-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work.
13-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at its expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 13-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.
13.09. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 13-10. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final Acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period.
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Grace Hudson Museum Roof Replacement Negotiated Contract 13-11. Utilities. No water, sewer or electrical services will be provided by the City. It is the Contractor's sole responsibility to arrange such services as necessary.
13-12. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
13-13. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of the State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Payment application.
SECTION 14 - CONSTRUCTION DETAILS
14-01. Technical Specifications and Project Drawings. Please refer to Appendix A and B.
SECTION 15. EXCLUSIONS FROM GENERAL CONDITIONS
15-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-03. Office of Contractor at the Site
No other exclusions.
SECTION 16. AMENDMENTS TO GENERAL CONDITIONS
16-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.2021
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Grace Hudson Museum Roof Replacement Negotiated Contract
BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:
Did you include?...
o Proposal (Page 46)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number o Bidding Schedule (Page 56)
Filled out completely per instruction
o Fair Employment Practices Certification (Page 58)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 59)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 60) Filled out completely per instruction
o List of Proposed Subcontractors (Page 61)
Filled out completely per instruction
o Statement of Experience (Page 62)
o Non-Collusion Affidavit (Page 63)
Filled out completely per instruction
Notarized
{00245263.1} 52 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT Specification No. 23-04
Name of Bidder _______________________ Business Phone _____________________ Business Address ________________________________________________________ Place of Business _______________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ Classification Type __________________________________________ Department of Industrial Relations Public Works Contractor Registration Number: ______________________ The undersigned Bidder submits this Proposal and binds itself on award by the City of Ukiah under this bi to execute a Contract in accordance with its Bid and,
Contract Documents, The Contract Documents, including but not limited to the Notice to Bidders, Instructions to Bidders, Form of Agreement. General Conditions, Technical Specifications, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranted required thereby are hereby affirmed.
This offer shall be irrevocable for a period of sixty (60) days after the date on which bids are opened.
The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposals, other than that requested, may render the bid non-responsive.
The undersigned Bidder declares that only persons or parties interested in this Proposal as principals are those named herein that this Proposal is made without collusion with any other person, firm, or corporation; that Bidder has carefully examined the location of the proposed work, the attached Form of Agreement, the Contract Drawings, the Special Provisions and other Contract Documents; and agrees that, if this Proposal is accepted that it will, 1) contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the Agreement herein contained
2) to provide all necessary machinery, tools, apparatus and other means of construction; 3) to do all the Work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according the requirements of the Engineer, as therein set forth; 5) indemnify the City against any loss or damage arising from any act of the undersigned as Contractor; and
6) accept as full payment therefor the prices indicated in the Bidding Schedule, including all Work modified by Addendum number _______________ (IF NONE< STATE NONE).
The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose in the Bidding Schedule.
The prices included within the Bidding Schedule include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents.
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Grace Hudson Museum Roof Replacement Negotiated Contract
The names of all persons interested in the foregoing Proposal as Principals, are as follows:
______________________________________________________________________.
If SOLE OWNER, sign here:
I sign as sole owner of the business named above:
_____________________________________________________________________________ If PARTNERSHIP, one or more partners sign here:
The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so:
____________________________________________________________________________ ____________________________________________________________________________ If CORPORATION, execute here:
Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:
Joint Venture name composed of:
The undersigned certify that they sign this bid with the full and proper authorization so to do:
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
{00245263.1} 54 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract *If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
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BIDDING SCHEDULE
Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on this Bidding Schedule.
Unit prices and lump sum prices must be entered in the appropriate spaces provided in the Bidding Schedule. Unit prices shall be multiplied by the Quantities shown and the total shall be inserted in the “Total” column.
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each Bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and all other Contract Documents and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Contract Documents, including all labor, materials, tools, equipment, services, subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project.
All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
The Bidding Schedule is a summary list of all of the work required by the Contract Documents and is in no way intended to describe all items of work to be performed. Bidders must carefully examine the Contract Documents, including the Contract Drawings and the site of the work and perform such inquiries and investigations, as they deem appropriate in the formulation of their bids. All costs estimated to be incurred by Bidders must be included within one of the line items in the Bidding Schedule.
{00245263.1} 56 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract NAME OF BIDDER:
SPEC #: 23-05
PROJECT NAME: GRACE HUDSON MUSEUM ROOF REPLACEMENT
BASE BID
ITEM
NO. DESCRIPTION UNIT OF MEASURE QUANTITY PRICE
1 Provide all necessary equipment, materials, labor and fees for roof replacement LS 1 $__________________________
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FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.
GRACE HUDSON MUSEUM ROOF REPLACEMENT
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The Bidder shall execute the certification of this page prior to submitting its proposal.)
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Grace Hudson Museum Roof Replacement Negotiated Contract
WORKER'S COMPENSATION CERTIFICATE
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 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.
Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
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CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The Bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.
Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the Bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
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LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each Bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-
09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
PORTION/ TYPE
OF WORK
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Grace Hudson Museum Roof Replacement Negotiated Contract
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of its experience, skill and business standing and its ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
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Grace Hudson Museum Roof Replacement Negotiated Contract
NON-COLLUSION AFFIDAVIT
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. 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 fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________
(Signature of Declarant)
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DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes______ No_____
If the answer is yes, explain the circumstances in the space below.
NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ Explanation, if any:
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Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT
Specification No. 23-05
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other Contract Documents for the work herein described and shown and has approved and adopted these Contract Documents, including but not limited to specifications and drawings and has caused to be published in the manner and for the time required by law a notice to Bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible Bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article I. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other Contract Documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within Ninety (90) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at its option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. The Contractor shall diligently prosecute all of the Work under this Agreement in all parts and requirements as defined in the Contract Documents. For each day of day that work remains incomplete, the Contractor will pay to the City, as liquidated damages, the amount of $500 per day, as more particularly described in Section 10-12 of the General Conditions.
{00245263.1} 65 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete and timely performance of the contract by the Contractor in strict accordance with the Contract Documents. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, and all other Contract Documents.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible Bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has
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Grace Hudson Museum Roof Replacement Negotiated Contract violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor.
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Grace Hudson Museum Roof Replacement Negotiated Contract (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
Article IV. Parts of the Contract.
This Agreement shall consist of this document and all of the Contract Documents, which are incorporated herein and made a part hereof. The Contract Documents include all of the following:
Contract Documents: Those documents that form the basis of the Agreement, including, but not limited to, the Notice to Bids, Instructions to Bidders, Pre-Bid Conference, Bid Forms, Bidding Schedule, Schedule of Values, Bidding Addenda, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract Drawings, Addenda, Contractor’s bid, and all Change Orders issued after the execution of the Agreement, and all other documents incorporated by reference in the same.
Article V. Prevailing Wage Scale
Reference is made to the requirements on the general prevailing wage rates set forth in the Contract Documents. A copy of such rates may be reviewed at the Financial Services Manager’s Office at the address listed in Article VI, below. Those rates are hereby specified as the minimum rates of prevailing wage to be paid workers under this Agreement.
Article VI. Service of Notice
Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below:
City:
Mary Horger, Financial Services Manager
City of Ukiah
411 West Clay Street,
Ukiah, CA 95482
Contractor: [Specify contact, address,]
The City may also act through its Engineer or other designee if the City expressly gives notice to the Contractor, in writing, that the City’s designee has authority to act for the City in a specific capacity.
Article VII. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the County of Mendocino and the State of California. Subject to the dispute resolution provisions in the Special Provisions, any action relating to this Agreement shall be instituted and prosecuted in Mendocino County, California.
Article VIII. Contractors License Law
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
{00245263.1} 68 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 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 WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
FOR THE CONTRACTOR:
Name under which business is conducted:
Business Address:
State __________ Zip Code ______________ Telephone
Type of business organization:
*If a Corporation, incorporated under the laws of the State of:
The undersigned certify that they sign this Agreement with full and proper authorization to do so.
By: Print
Title:
Date:
By:* Print
Title:
Date: Contractor’s Corporate Seal:
{00245263.1} 69 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract *If the Contractor is a Corporation, this Agreement must be executed by two corporate officers, consisting of:
(1) the President, Vice President, or Chair of the Board, and (2) the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer. Alternatively, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City is provided demonstrating that such an individual is authorized to bind the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws).
The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________
CITY ATTORNEY, CITY OF UKIAH
{00245263.1} 70 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole negligence, active negligence or willful misconduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
{00245263.1} 71 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the Acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a contract between such Bidder, the Surety and the City, and make available as work
{00245263.1} 72 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation 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 Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
{00245263.1} 73 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)
{00245263.1} 74 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted 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 work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
{00245263.1} 75 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.
{00245263.1} 76 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.
{00245263.1} 77 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety
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APPENDIX A
S P E C I F I C A T I O N S
FOR RE-ROOFING OF THE
CITY OF UKIAH
GRACE HUDSON MUSEUM
431 SOUTH MAIN STREET
UKIAH, CA 95482
PROJECT COORDINATOR
MARY HORGER / PROCUREMENT MANAGER
FINANCE AND PURCHASING DIVISION
CITY OF UKIAH
411 WEST CLAY STREET, UKIAH, CA 95482
(707) 463-6233
[email protected]
DATE
July 27, 2020
Revised: March 1, 2023
Project Specifications – Table of Context
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah, Ca
Page - 1
TABLE OF CONTENTS
A. DIVISION 1 – GENERAL REQUIREMENTS
1. Section: 01100 Summary of Work
2. Section: 01250 Substitution Procedures
3. Section: 01330 Submittal Procedures
4. Section: 01640 Owner Furnished Products
B. DIVISION 2 – EXISTING CONDITIONS
1. Section: 02070 Selective Demolition
C. DIVISION 6 – WOOD, PLASTICS & COMPOSITES
1. Section: 06100 Miscellaneous Carpentry
D. DIVISION 7 – THERMAL & MOISTURE PROTECTION
1. Section: 07220 Roof Deck Boards
2. Section: 07410 Metal Roofing Panels
3. Section: 07620 Sheet Metal and Flashing
Division 1 - Summary of Work
Grace Hudson Museum Re-Roof Project
Summary of Work Page 0110 - 1
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01100 - SUMMARY OF THE WORK
CITY OF UKIAH
GRACE HUDSON MUSEUM
REROOFING
NEW CLASS (A) FIRE RATED STANDING SEAM METAL ROOFING ASSEMBLY 431 SOUTH MAIN STREET
UKIAH, CA 95482
PART 1 - GENERAL
1.1 PROJECT DESCRIPTION
A. Work described in this section applies to the removal and replacement of an existing standing seam steel roofing system with a new Class (A) Fire Rated standing seam steel roofing assembly as outlined in the Project Documents
1. Remove the existing standing seam roofing system and gable wall roof beam sheet metal end caps. Replace or repair all fungus or water damaged nonstructural and structural wood elements, and all unforeseen related demolition and repair work as needed for the installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly.
2. Install a new Class (A) Fire Rated roofing assembly consisting of a factory finished preformed steel standing seam roofing system on an existing combustible plywood roof deck with new ¼” Dens Deck Board covered with Garland R-Mer Seal or an equivalent 40 mil minimum high temperature peal and stick underlayment suitable for vertical applications at curbing and parapet walls. The manufactured metal roofing system shall incorporate standing seam steel roofing panels, clips, steel hat channels, perimeter flashing and trim, roof penetration flashing and counterflashing, ridge caps, valley and ridge trim assemblies, eave closures assemblies, eave drip stiffeners, coping and rake trim, gutters with expansion joints, down spouts and all miscellaneous sheet metal flashing / trim, closure foam, sealants and fasteners to complete a waterproof Class (A) fire rated roofing.
3. Install new gable wall roof beam sheet metal end caps with Garland R-Mer Seal or an equivalent 40 mil minimum high temperature peal and stick underlay suitable for vertical applications matching the new standing seam metal roofing of same type kind and quality.
4. Re-set the existing gutter water catchment system plumbing lines under the roof eaves.
5. All work shall be conducted in accordance with the project sheet drawings, details, specifications, installation manuals, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions.
1.2 RELATED DOCUMENTS
A. Project specific sheet drawings, details, specifications, installation manuals, contract provisions and contract conditions apply to this section.
Division 1 - Summary of Work
Grace Hudson Museum Re-Roof Project
Summary of Work Page 0110 - 2
B. Related Sections:
1. Section: 01250 – Substitution Procedures
2. Section: 01330 – Submittal Procedures
3. Section: 01640 - Owner Furnished / Contractor Installed Materials
4. Section: 02010 - Selective Demolition
5. Section: 06100 - Miscellaneous Carpentry
6. Section: 07220 - Roof Deck Board
7. Section: 07410 - Metal Roofing Panels – Standing Seam
8. Section: 07620 - Sheet Metal and Flashing
1.3 WORK INCLUDED IN THE CONTRACT
A. Project Identification: Grace Hudson Museum Reroofing Project B. Project Location: 431 S Main St., Ukiah CA 95482
C. Owner: The City of Ukiah
D. Work described in this section applies to the removal and of an existing standing seam roofing system and installation of a new Class (A) Fire Rated steel standing seam roofing assembly, as outlined in the Project Sheet Drawings, Details, Specifications, Contract Provisions, Contract Conditions and related Project Section listed in this section, (approximately 14,900 square feet of sloped roof area), including work outlined in the Related Sections and Contract Documents
1.4 PROJECT CONDITIONS
A. The Museum will be open to the public during standard operating hours and Museum Staff will be occupying the building and the immediate areas surrounding the construction work.
All safety measures shall be applied and adhered to by the Contractor in accordance to the Project Related Sections and Contract Documents. The Contractor shall provide not less than seventy two (72) hours written notice to the City of Ukiah and the City of Ukiah's Project Manager, activities that will impact the security of the Museum or its contents, beyond the Contractor's normal working hours.
B. Access: The Contractor shall maintain access to the Museum, unaffected areas of the site and other adjacent facilities:
1. Construction shall not close or obstruct, occupied and unoccupied facilities, parking lots, driveways and walkways without written permission from the City of Ukiah.
2. Ensure minimum interference with other areas of the site, including, streets, walkways, and other adjacent occupied facilities, or the occupants of neighboring properties during all phases of construction and provide protection to ensure the safe passage of people around construction activities, and to other areas of the project site
C. The Contractor shall provide provisions to protect existing site improvements, appurtenances, and landscaping not part of this work and scheduled to remain.
D. Utility Service: The Contractor shall maintain existing utilities and protect them against damage during construction, especially fire suppression and security systems, including fences and gates currently securing the property.
1.5 PROTECTION OF CONSTRUCTION WORK AND MATERIALS
A. During Work Hours protect the Work from theft, vandalism, and unauthorized entry. The Contractor shall have the sole responsibility for job site security.
Division 1 - Summary of Work
Grace Hudson Museum Re-Roof Project
Summary of Work Page 0110 - 3
B. During Off-Work Hours furnish watchman’s services as Contractor may consider necessary to safeguard materials and equipment in the storage on the Project site, including Work in place and process of fabrication, against theft, acts of malicious mischief, vandalism, and other losses or damages.
1.6 WORK DESCRIPTION
A. Work described in this section applies to the removal and replacement of an existing standing seam roofing system with a new Class (A) Fire Rated steel standing seam roofing assembly as outlined in the Project Documents
B. Removal of the Existing Metal Roofing System:
1. Remove all the existing standing seam roofing, trim, flashing, gutters, downspouts, hat channels and FR-10 fabric down to the Garland R-Mer Seal on the existing roof plywood decking. Discard all roofing materials with the exception of the hat channels and roof gutters for possible re-use after inspection and approval by The Garland Company and the City of Ukiah.
2. Remove all the existing gable wall roof beam end caps and any underlayment and discard the material.
3. Roof hat channels and gutters removed from the existing roof must be inspected and approved in writing for possibly re-use by a Garland Representative and approved by the City of Ukiah prior to re-replacement of the roofing materials.
Storage of any on site materials shall be coordinated with the Museum and City of Ukiah in a secured location as approved by the Museum and the City of Ukiah in accordance with the requirements of the Project Specifications and Contract Documents.
4. Maintain and protect the gutter water catchment system plumbing lines to be relocated under the eaves and reattached to the holding tanks.
5. All damage to the (E) Garland R-Mer Seal on the roof decking shall be repaired, inspected and approved in by a Garland Representative for use as a temporary waterproofing during the re-roofing construction.
C. Roof beam end caps – gable walls:
1. Roof beam end caps shall be fabricated from 22-gauge ASTM A653/A 653M G-90 Galvanized Steel Garland SS Sheet Stock with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality.
2. Shop drawings for all roof beam end caps must be submitted, reviewed and approved by the City of Ukiah or approved City Representative prior to the fabrication of the remaining roof beam end caps.
3. One roof beam end cap mock up shall be installed and approved by the City of Ukiah or approved City Representative prior to the fabrication of the remaining roof beam end caps.
D. Existing skylight enclosure and mechanical vent curbing modifications:
1. Existing Skylight Enclosure:
a. Frame new 14” tall 2x6 perimeter cripple walls and rake walls around the perimeter of the exiting skylight with 3x6 D.F. No.1 longitudinal roof rafters 24” on center. Note: Wall fastener connections to the existing structural roof framing will be addressed as a deferred submittal when the existing roofing system has been removed and the as-built framing of the existing roof members at the skylight have been verified.
b. Sheath wall and roof framing with 15/32” Exposure 1 plywood.
Division 1 - Summary of Work
Grace Hudson Museum Re-Roof Project
Summary of Work Page 0110 - 4
2. existing mechanical vent curbing:
a. Relocate the existing Southeast and Southwest mechanical vent curbing boxes 36” downslope form top of ridge to the upslope face of curbing to accommodate the curbing upper valley pan and upper roofing panels per the Garland Installation Manual Curbing Details.
b. Repair existing openings in the roofing deck with Exposure No.1 plywood sheathing of same grade and thickness.
E. Installation of New Class (A) fire rated standing seam steel roofing assembly per the Project Sheet Drawings, Details, Specifications, Installation Manuals, Contract Documents and Related Sections:
1. Install ¼” Georgia Pacific DensDeck Prime Roof Board over the existing R-Mer Seal on the plywood deck, curbing and parapet walls with approved fasteners and plates in conformance with the placement specifications approved by the DensDeck and Roofing Manufacture on all surfaces to receive metal cladding (Roof Panels, Flashings, Trim, Beam Caps, etc.).
2. Install Garland R-Mer Seal, or an approved 40 mil minimum high temperature peal and stick underlayment suitable for vertical applications at curbing and parapet walls over the new Dens Deck Prime roof board on all surfaces to receive metal cladding (Metal Roof Panels, Flashings, Trim, Roof Beam End Caps, etc.)
3. Install hat channels, per the wind uplift pressure zones and shop drawings provided by the metal roof manufacturer. All hat channels shall be fastened to the roof structural framing (trusses, beams, rafters and battens of the existing roof).
4. Install Garland 22-gauge G-90 Galvanized Steel R-Mer Span Standing Seam Panels with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish and color-matching rivets in accordance with the manufacturer's shop drawings, installation manual, and project specifications. Shim and align metal roof panels within the project specified tolerance of (1/4 inch in 20 feet; 3/8” in 40’-0” or more) on slope and location lines as indicated and with 1/8 inch offset of adjoining faces and of alignment of matching profiles.
5. Install 22-gauge ASTM A 653/A 653M G-90 Galvanized Steel - Garland R-Mer SS Sheet Stock fabricated gutters, downspouts, flashing, trim and roof beam end caps with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish and color-matching rivets at all associated sheet metal and flashing areas indicated on the plans as shown in the manufacturer's shop drawings, installation manual, and the project specifications
6. Roof gutter system and downspouts shall be fabricated and installed per SMACNA and NRCA Standards following the manufacturer's Details, installation Manuals and the Project Specifications
a. Install expansion joints on all gutter lines exceeding 50’-0” in length per SMACNA standard recommendations and Garland Butt Joint Expansion Joint Details per the manufacturer's shop drawings, installation manual, and the project specifications.
b. Gutters shall be fabricated and installed to maintain a level to a 1/8” in 12” negative slope to the Downspout Inlets.
c. Downspouts shall be located at existing storm drain inlets with a watertight premanufactured or fabricated sheet metal coupler joint attached to the existing 4” diameter inlet lines.
F. Restore existing plumbing, heating, ventilation, air conditioning, electrical, and systems to the full operational condition that was impacted because of the project.
1. Notify the owner immediately, by way of RFI, of any item on the building found to be non-operational, otherwise, the assumption of operation will be that prior to the project it was fully operational.
Division 1 - Summary of Work
Grace Hudson Museum Re-Roof Project
Summary of Work Page 0110 - 5
1.7 OWNER FURNISHED / CONTRACTOR INSTALLED PRODUCTS
A. Owner Furnished / Contractor Installed Products:
1. The City will furnish, for installation by the Contractor, products which are identified on the Drawings and in the Specifications as "OFCI (Owner Furnished / Contractor Installed)", Refer to Section 01640 - Owner-Furnished Products.
B. Relationship to Work Under the Contract:
1. Work under the Contract shall include all provisions necessary to fully incorporate such products into the Work, including, as necessary, fasteners, backing, supports, and other such provisions from point of service to point of connection, and field finishing, as shown on Drawings and specified herein. See Section 01640 - OwnerFurnished Products for additional requirements.
1.8 PERMITS, LICENSES, AND FEES
A. Permits, Licenses, and Fees, General: Refer to Contract General Conditions, Article
12.05. B. Licenses: The contractor shall obtain and pay all licenses associated with construction activities, such as business licenses, contractors' licenses, and vehicle and equipment licenses. All costs for licenses shall be included in the Contract Amount.
1.9 CONTRACTOR’S STAFF
A. Within 15 calendar days of notice to proceed, submit a list of principal staff assignments, including the superintendent, assistant superintendents, project manager, project engineers, schedulers, administrative assistants, accounting personnel, and other personnel in attendance at the Project site and the home office responsible for the project.
Identify individuals and their duties and responsibilities; list addressed and telephone numbers, including home and cell telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as a standby in the absence of individuals assigned to the project.
END OF SECTION
Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Substitution Procedure 01250 Page - 1
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01250 - SUBSTITUTION PROCEDURES
PART 1 — GENERAL
1.1 SUMMARY
A. This Section includes administrative and procedural requirements for handling requests for equals and substitutions made after award of the Contract. Formal requests from the Contractor/Vendor or substitution of construction methods, products, materials or finishes in place of those specified will be considered by the Owner or the Owner’s Representative/Consultant only in accordance to the procedure herein.
1.2 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 01330 – Submittal Procedures
3. Section: 01640 - Owner Furnished Contractor Installed Materials
4. Section: 06100 - Miscellaneous Carpentry
5. Section: 07220 - Roof Deck Board
6. Section: 07410 - Metal Roofing Panels – Standing Seam
7. Section: 07620 - Sheet Metal and Flashing
1.3 DEFINITIONS
A. Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents.
B. Equals or Substitutions General: Changes in products, materials, equipment, and methods of construction required by the Contract Documents proposed by the Contractor’s Construction Manager after award of the Contract.
1.4 SUBMITTALS
A. Equals and Substitution Request Submittals:
1. The Owner or the Owner’s Representative/Consultant will consider requests for equals or substitutions if the information on all materials is consistent with the information herein. After the Construction Manager’s Subcontractor contract award, substitutions will be considered for materials or systems specified that are no longer available. It will not be considered if the product was not purchased in a reasonable time after award. The Construction Manager shall submit all equal and substitutions requests on the "Equal or Substitute Product Request" Form, an example is shown at the end of this Section and the Form is available from the Owner or the Owner’s Representative Consultant. Substitutions will not be considered without formal request submitted in accordance to Section 01250.
Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Substitution Procedure 01250 Page - 2
2. The Construction Manager is required to prepare and submit three (3) copies of the required data for the first manufacturer listed or procedure listed in the specifications section with reference to all of the following areas:
a. The substance and function considering quality, workmanship, economy of operation, durability and suitability for purposes intended including the size, rating performance, compliance and cost. All submissions must include all the required data for the first listed manufacturer or procedure as specified, as well as the required data for the proposed Equal or Substitution. This will enable the Owner or the Owner’s Representative/Consultant to determine that the proposed Equal or Substitution is or is not substantially equal to the first listed manufacturer or procedure.
3. Identify the product or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers.
4. Provide complete documentation showing compliance with the requirements for equals or substitutions, and the following information, as appropriate:
a. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate contractors that will be necessary to accommodate the proposed Equal or Substitution.
b. A detailed comparison chart of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements, such as performance, weight, size, durability, and visual effect.
c. Product Data, including Shop Drawings, and descriptions of products and fabrication and installation procedures.
d. Use of proposed substitutions will not be an infringement on any copyright, patent or trademark.
e. Samples, where applicable or requested.
f. A statement indicating the effect on the Construction Manager’s Schedule compared to the schedule without approval of the Equal or Substitution.
Indicate the effect on overall Contract Time.
g. Cost information, broken down, including a proposal of the net change, if any in the Guaranteed Maximum Price (GMP).
h. The Construction Manager’s certification that the proposed Equal or Substitution conforms to requirements in theContract Documents in every respect and is appropriate for the applications indicated. i. The Construction Manager’s waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the Equal or Substitution to perform adequately.
1.5 OWNER / OWNER’S REPRESENTATIVE / CONSULTANT ACTION
A. If necessary, the Owner or the Owner’s Representative/Consultant will request additional information or documentation within five (5) Business Days of receipt of the Contractor’s initial submittal. The Owner’s Representative/Consultant will notify the Owner of recommended acceptance or rejection of the submittal within ten (10) Business Days of receipt of the request, or five (5) Business Days of receipt of additional information or documentation, whichever is later. The Owner or the Owner’s Representative/Consultant will give final acceptance or rejection by the Owner not less than ten (10) Business Days after receipt of the each submittal.
B. Any request deemed an "Equal" and accepted by the Owner or the Owner’s Representative/Consultant will result in written notification to the Construction Manager and will not be in the form of a change order for an "Equal".