HomeMy WebLinkAboutItem 4.19 HeritageCntrStoreBldgCTTY CLERK FILE # 600-35
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: July 3, 2001
SUBJECT:
Dublin Heritage Center Storage Building - Contract 01-07
Report Prepared by: Herma Lichtenstein, Parks and Facilities
Development Manager
ATTACHMENTS:
1) Agreement
2) Resolution
3) Budget Change Form
RECOMMENDATION:
FINANCIAL STATEMENT:
1 ) Adopt Resolution
2) Authorize Mayor to execute the Contract
3) Approve Budget Change Form
Project Budget
Estimated Budget Total
FY 00-01 FY 01-02 Cost Difference
Design/Inspection $0 $2,500 $7,500 $5,000
Improvements $0 $63,275 $71,275 $8,000
Miscellaneous $250 $0 $250 $0
Total $250 $65,775 $79,025 $13,000
Due to a delay in the award of contract and subsequent start of the
project, a budget change to increase the FY 01-02 Budget in the
amount of $13, 000 (unspent in FY 00-01) is needed.
DESCRIPTION: At the meeting of May 1, 2001 the City Council authorized Staff to
negotiate the contract for the new Dublin Heritage Center Storage Building with GE Capital Modular
Space. This was a direct result of the fact that the City only received one bid for the project from GE
Capital Modular Space in the amount of. $57,520. The GE Capital bid included a one-page document
entitled "Contractual Clarifications" which made the bid subject to the City's acceptance of the
"Contractual Clarifications". The City Attorney's office advised Staff that the "Contractual Clarifications"
were actually' substantive modifications and bid non-conformities that the City could not lawfully waive,
rendering the GE Capital Modular Space bid non-responsive.
Counsel also advised Staff that when the sole bid for a public works project is non-responsive, the legal
result is as if no bids at all were received. As no responsive bids were received for the project further
competitive bidding was excused under Public Contract Code Section 20166. According to the City
Attorney's office, the City was therefore legally permitted to enter into a negotiated contract with GE
Capital Modular Space, the sole bidder for the project.
COPIES TO:
H:XHerma\Council StatementsXHeritage contract.doc
ITEM NO.
The City Attomey's Office has reviewed and negotiated the proposed clarifications with City Staff and
with the legal department of GE Capital Modular Space. The final changes were found to be acceptable
and within the limits of the original intent of the contract. Attachment 1 is the Agreement between the
City and GE Capital Modular Space. The attachment includes the revised agreement referencing the
contractual clarifications requested by GE Capital .Modula Space, the contractual clarifications, and a
materials substitution approval letter.
CONCLUSION
It is recommended that the City Council take the following action:
1. Adopt Resolution (Attachment 2) to award the contract for the Heritage Center Storage Building,
Contract #01-07 to GE Capital Modular Space.
2. Authorize Mayor to execute the contract.
3. Approve the Budget Change Form (Attachment 3)
Page 2
CONTRACTING REQUIREMENTS
CONTRACT REQUIREMENTS
ATTACHMENT 1
DUBLIN HERITAGE CENTER STORAGE BUILDING
Section 00550
AGREEMENT
o
THIS AGREEMENT, MADE AND ENTERED INTO THIS ~ DAY OF T~)txe,, ,.
2001, by and between the City of Dublin, hereinafter called the City or the OWNER, and
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant
and agree with each other, as follows:
THE WORK: The Contractor shall furnish all tools, equipment, apparatus,' facilities, labor and material
necessary to perform and complete in a good and workmanlike manner for the construction of the Dublin Heritage
Center Storage Building Project, Project No. 0t-07 and related site work ("Work") as shown in the Specifications
(as defined below), and project plans and in accordance with the Contract D0euments (as defined below) concerning
the construction of the Dublin Heritage Center Storage Building Project, and which specifications and plans are
identified by the signature of the parties to this agreement.
LOCATION OF WORK: The location of the Work is 6600 DonIon Way, City of Dublin, California.
TIME FOR COMPLETION: It is hereby understood and agreed that the Work shall be completed within sixty
(60) working days from the date specified in the Owner's Notice to Proceed.
THE CONTRACT DOCUMENTS: This contract consists of the following documents (the "Contract Documents"),
all of which are incorporated herein and made a part hereof. In the event of a conflict between or among the
Contract Documents, precedence shall be in the following order:
b,
g.
h.
i.
j.
k.
1.
m.
N.
This Agreement, the document entitled "Contractual Clarifications" executed by the parties, and signed and
approved amendments or change orders to this agreement
The General Conditions and signed and approved amendments to the General conditions
The Specifications, and signed and approved addenda to the Specifications issued prior to bid opening, and
signed and approved amendments or change orders to the Specifications
Drawings, signed and approved addenda to the Drawings issued prior to bid Opening, and signed and
approved amendments or change orders to the Drawings
Notice to Bidders
Instruction to Bidders
Bidders completed Proposal Form
List of Proposed Subcontractors
Bidders Qualification Statements
Non-collusion Affidavit
Performance Bond
Payment Bond
Maintenance Bond
Certificates of Insurance and Endorsements
COMPLETION-EXTENSION OF TIME: Should the Contractor fail to fully perform the Work in accordance with
the Contract Documents within the time for completion specified above, as such time .may be amended by change
CONTRACT REQUIREMENTS
Page 1
6
10.
DUBLIN HERITAGE CENTER STORAGE BUILDING
order or other modification to this contract in accordance with its terms ("Time for Completion"), and/or should the
Contractor fail to, by the Time for Completion, fully perform all of its obligations under this contract that have
accrued by the Time for Completion, the Contractor shall become liable to the Owner for all loss and damage on
account thereof in accordance with the Contract Documents and applicable law. The Contractor shall coordinate the
Work with the work of all other contractors and the Owner shah not be liable for delays resulting from Contractor's
failure to coordinate the Work with other contractors in a manner that will allow completion of the Work by the
Time for Completion. Contractor shall be liable for delays to other contractors caused by its failure to coordinate
.the Work with the work of other contractors.
INTERPRETATION OF CONTRACT DOCUMENTS: Should any question arise concerning the intent or meaning
of Contract Documents, Drawings, or Specifications, such question shall be submitted to the Project Manager for
interpretation and decision of the authorized representative of the City of Dublin and such decision in the matter
shall be final.
FAILURE TO PROSECUTE WORK: If the Contractor should neglect to prosecute the Work in accordance with the
' Contract Documents or fail to perform any provisions of this contract, the Owner, after five days' written notice to ·
the Contractor and the Contractor's sureties, may, without prejudice to any other remedy the Owner may have, make
good or have made good such deficiencies and may deduct the cost thereof from any payment due or that may
become due the Contractor.
ASSIGNMENT OF CONTRACT: Neither the contract, nor any part thereof, nor any moneys due or to become due
thereunder, may be assigned by the Contractor without the written approval of an official authorized to bind the City
and the written consent of the Contractor' s surety or sureties, unless the surety or sureties have waived their right to
notice of assignment. Any such purported assignment without. such written approval on behalf of the City and on
behalf of sureties that have not waived their fight to notice of assignment shall be void.
Licensing Board.
CONTRACT AMOUNT: In consideration of the covenants, promises, and agreements on the part of the Contractor
that are contained in the Contract Documents, and the strict and literal fulfillment of each and every such covenant,
promise, and agreement, as compensation agreed upon for performance of the WOrk and all of the Contractor' s
obligations under the Contract Documents the Owner covenants, promises and agrees to well and truly pay and
cause to be paid to the ContraCtor in full, and as the full contract price and compensation for performance of the
Work and all of the Contractor's obligations under the Contract Documents, the total price specified in the
Contractor's Proposal dated ,2001, on file in the office of the Manager of
the City, (the "Contract Price") in lawful money of the United States for Work actually performed by the Contractor
in accordance with the Contract Documents, which sum is to be paid according to the schedule herein before
provided and subject to modification of such price as provided in the Contract Documents.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written.
CONTRACTOR
Title: ~&r ~
By:
Title:
OVv'NER
CONTRACT REQUIREMENTS
Page 2
DUBLIN HERITAGE CENTER STORAGE BUILDING
NOTE:
If the party executing this contract is a corporation, a certified copy of the by-laws authorizing the officers of
said corporation to execute the contract and the bonds required thereby must be annexed hereto. A copy of
the duly adopted resolution of the City authorizing execution of this contract must also be annexed hereto.
Section 00610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS the City Council of the City of Dublin has awarded to
Designated as the "Principal" a contract for: The Dublin Heritage Center Storage Building Project, Project No. 01-07 at the
City of Dublin, California, which contract and all of the Contract' Documents as defined therein are hereby made a part
hereof; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said
contract;
·
as Surety, are held and fnTnly bound unto the City, ~e~inafter called the er, in the penal sum of
La 1 money of the United States for the paym of which sum well and truly to be made, we bind ourselves, our heirs,
executors, and administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above bounden Principal, 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 said Contract and any alteration thereof made as therein provided, on his or their
part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent
and meaning, and shall defend, indemnify and save harmless the City, it's officials, officers, employees, volunteers and
agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and
virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition
to the tenus of the said contract or to the work to be performed thereunder or to the specifications or the plans accompanying
the same or to any other part of the Contract Documents, as defined therein, shall in any way affect said Surety' s obligation
on this bond, and the Surety does hereby waive notice of any such change, extension of time, alteration or addition.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals
this day of ,2001, the name and corporate seals of
each corporate party being hereto affixed and these presents duly signed by their undersigned representatives, pursuant to
authority of their governing bodies.
(Corporate Seal) PRINCIPAL
By
(Acknowledgemerit) Title
SURETY
(Corporate Seal)
By
(Attorney-in-fact)
(Acknowledgemerit) Title
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for
the attorney-in-fact.
Section 00615
CONTRACTOR'S BOND / PAYMENT BOND
(Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS the City Council of the City of Dublin has awarded to
Designated as the "Principal" a contract for: the Dublin Heritage Center Storage Building Project, Project No: 01-07 at the
City of Dublin, California, which contract and all of the Contract Documents as defined therein are hereby made a part
hereof; and
WHEREAS, pursuant to California Civil Code Section 3247, the Principal is required, before entering upon the performance
of the contract, to ~le a payment bond with and have such bond approved by the officer or public entity by whom the
Contract is awarded; and
WHEREAS, pursuant to California Civil Code Section 3248, such payment bond must be in a sum not less than one hundred
percent (100%) of the total amount payable by the terms of the contract, and must satisfy the other requirements specified in
that section; and
WHEREAS, the Principal is required in accordance with the Contiact Documents to furnish a payment bond in connection
CONTRACT REQUIREMENTS
Page 4
DUBLIN HERITAGE CENTER STORAGE BUILDING
with the contract to secure payment of Claims of laborers, mechanics and materialmen employed on work under the contract
in accordance with applicable law;
NOW, THEREFORE, THESE PRESENTS WITNESSETH:
($ 'F} ~ ' ' ), law~l money of~e Uni~ates, being a sum no~less ~an on~&ed percent of~e total
amount ~ayable by ~e te~ of said Con~ac~ for ~e pa~ent of which sum well ~d ~ly to be ~de, we b~d o~selves,
o~ heks, executors, ad~s~ators, successors, or assigm, jo~y and severally, by ~ese present.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the said Principal or any of the Principal' s subcontractors, or
the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay any persons named in
California Civil Code Section 3181, or fail to pay for any labor, materials, provisions, provender, 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 fail to
pay amounts due under the Unemployment Insurance Code with r~spect to such work or labor, or fail to pay for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees
of the Principal and any subcontractors of the Principal pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work or labor, that said Surety will pay for the same in an amount not exceeding the amount herein above set
forth, and also, in case suit is brought upon this bond, will pay a reasonable attomey's fee to be awarded and fixed by the
Court; otherwise this obligation shall be void.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all of the persons named in
Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this
bond.
It is hereby further expressly stipulated and agreed by the said Surety, for value received, that no change, extension of time,
alteration or addition to the terms of said contract or the specifications or drawings accompanying the same or to any other
part of the Contract Documents, as defined therein, shall in any manner affect the obligations of the Surety on this bond, and
Surety does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals
this day of ,2001, the name and corporate seals of
each corporate party being hereto affixed and these presents duly signed by their undersigned representatives, pursuant to
authority of their governing bodies.
(Corporate Seal) PRINCIPAL
By
(Acknowledgement) Title
SURETY
(Corporate Seal)
By
(Attorney-in-fact)
(Acknowledgemerit) Title
NOTE TO SURETY COMPANY: There must be submitted a certified copy of unrevoked resolution of authority for
the attorney-in-fact.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
Section 00616
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
designated as the "Principal," a contract for the project entitled Dublin Heritage Center Storage ~'uilding Project, Project
Number 01-07, which contract and all of the Contract Documents as defined therein are hereby made a pan hereof; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond in the amount often percent (10 %)
of the final Contract Price for the correction of any defects due to defective materials or workmanship in the work performed
under said contract;
NOW, THEREFORE, we the Principal and G~_~ Cq,;( M/origin' ~ as Surety, are held ana fn-mly. bound to
the City of Dublin hereinafter designated as the "Owner," in the penal sum~ ~at- 4~o,,Sa~'~ ~ ~x,~Ae4~ ;lqtl ~O
DOLLARS ($ ~ ~0l. o ~), which amount is equal to ten percent (10%) of the amount of the final Contract Price for the
Dublin Heritage Center Storage Building Project, in lawful money, of the United States for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally,.
firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if, during a maintenance period of one (1) year from the date
of acceptance by the Owner of the contracted work, the Contractor upon receiving written notice of a need for repairs which
are directly attributable to defective materials or workmanship, shall diligently take the necessary steps to correct said defects
within seven (7) days from the date of said notice, then this obligation shall be null and void; otherwise it shall remain in full
force and effect.
If any action shall be brought by the Owner upon this bond, a reasonable attomey's fee, to be fsced by the Court, shall be and
become a part of Owner's judgment in any such action.
No right of action shall accrue on this bond to, or for the use of, any person or corporation other than the Owner named
herein or the heirs, executors, administrator or successor of the Owner.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
1N WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this day
of , the name and corporate seals of each corporate party being hereto affixed and these presents duly signed
by its undersigned representative, pursuant to authority of its governing body.
(Corporate Seal) Principal
By
(acknowledgment) Title
(Corporate Seal) Surety
By
(Attorneys-in-fact)
(Acknowledgment) Title
(sea~)
NOTE TO SURETY COMPANY: There must be submitted a certified copy of antevoked resolution of authority for the
attorney-in-fact.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
Section 00700
GENERAL CONDITIONS
1. PRINCIPALS AND DEFINITIONS:
The following terms as used in this contract are respectively defined as follows:
A,
B,
ARCHITECT OR ENGINEER: The person or persons so specified on the title sheet of the Contract Documents,
Drawings or Specifications.
CONTRACT: The agreement of the Owner and Contractor, aS evidenced by and comprised of the Contract
Documents.
C,
CONTRACT DOCUMENTS: The Contract Documents consist of.' the agreement, the document entitled
"Contractual Clarifications" executed by the parties and signed and approved amendments or change orders to the
agreement, the General Conditions, the Specifications, signed and approved addenda to the Specifications issued
prior to bid opening, and signed and approved amendments or change orders to the Specifications, the Drawings,
signed and approved addenda to the Drawings issued prior to bid opening, and signed and approved amendments
or change orders to the Drawings, Notice to Bidders, Instruction to Bidders, bidders completed Proposal Form, list
of Proposed Subcontractors, bidders Qualification Statements, Non-collusion Affidavit, Performance Bond,
Payment Bond, Maintenance Bond, and Certificates of Insurance and Endorsements.
CONTRACTOR OK TRADE CONTRACTOR: The person or persons mentioned as such in the agreement and
contracting to perform the Work to be done under this contract, or the legal representative of such a person or
persons.
E,
F,
DAYS: Unless otherwise designated, days mean calendar days, and are not limited to the hours between 7:00 a.m.
and 3:30 p.m.
DRAWINGS: The graphic representations of the Work included with the project documents supplied to potential
bidders, as from time to time amended in accordance with the Contract Documents. Such graphic representations
include, without limitation, elevations, plans and site plans contained in the Contract Requirements
G. OWNER: The City of Dublin.
PROJECT MANAGER: The Owner's authorized representative to the Contractor for administration and overall
management of the contract. The Project Manager is the official point of contact between the Owner,
Architect/Engineer, and Contractor
PROJECT INSPECTOR: The party(ies) employed by the Owner to inspect the Work for compliance with the
requirements of the Contract Documents and applicable laws and regulations. This person shall act under the
direction of the Owner, and shall coordinate with, be responsible to and submit written reports to the Project
Manager and Architect.
SPECIFICATIONS: The SpeCifications consist of Special Provision 20, Pre-Engineered Structures, contained in
the Contract Requirements and signed and approved addenda, amendments and change orders to all of these, if
any.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
SUBCONTRACTOR: A person, firm or corporation holding a direct contract with the Contractor including
persons or entities that furnish material worked to a special design according to the Contract Documents, detail
drawings, and specifications, but excluding persons or entities that furnish material only.
JL.
WORK: means the furnishing of all tools, equipment, apparatus, facilitie. s, labor and material necessary to perform
and complete in a good and workmanlike manner: installation of a modular building at the Dublin Heritage Center
for the storage of museum goods and artifacts, and all appurtenant work in place and ready to and all other items as
shown.on the Drawings necessary for a complete working building and systems; and patching and repair all
surfaces damaged during construction as shown in the Specifications and Drawings and in accordance with the
Contract Documents related to construction of the Dublin Heritage Center Storage Building Project, Project No.
01-07.
: WRITTEN NOTICE: Shall be deemed to have been duly served if delivered in person to the individual or to a
member of the fm-n or to any office of the corporation for whom it is intended, or if sent by registered mail to the
last business address known to him who gives' the notice. The address of the Contractor shall be that given in the
Proposal Form.
2. PROJECT MANAGEK'S STATUS:
The Project Manager will provide administration of the contract. After execution of the contract and Notice to Proceed,
all correspondence and/or instructions from Contractor and/or Owner shall be forwarded through the Project Manager.
Except as otherwise provided in the Contract Documents, the Project Manager will not be responsible for and will not
have control or Charge of construction means, methods, techniques, sequences or procedures or for safety precautions in
connection with the Work. The Project Manager, however, Swill have authority to reject materials and/or workmanship
that do not conform to the requirements of the Contract Documents. The Project Manager will also have the authority
to require inspection or testing of the Work regardless of whether such Work be then fabricated, installed or completed.
3. ARCHITECT'S OR ENGINEER'S STATUS:
A. The Architect will advise the Project Manager concerning decisions on all claims of the Contractor and all other
matters relating to the execution and progress of the Work or interpretation of the Contract Documents.
The Architect will also advise the Project Manger concerning work which does not conform to the Contract
Documents. Whenever, in the Architect's opinion, it is necessary or advisable in accordance with the Contract
Documents, the Architect may require inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work be then fabricated, installed or completed; but the Architect shall
take such action only after consultation with the Project Manager.
4. PLANS FURNISHED BY OWNER:
Unless otherwise provided in the Contract Documents, the Owner will furnish to the Contractor, flee of charge, o~e (1)
set of reproducible Drawings and three (3) sets of prints of the Drawings and Specifications, for execution of the Work.
The Contractor shall keep one copy of all Drawings and Specifications for the Work, in good order, available to the
Project Manager or the Architect. With the exception of the signed Contract set, all documents so provided by the
Owner are to be returned at the completion of the Work.
5. INSPECTION OF WORK AND MATERIALS:
The Owner, the Project Manager, the Architect and their representatives shall at all times have access to the Work
wherever it is in preparation or progress, and the Contractor shall provide proper facilities for such access and for
inspection.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
B. The Contractor shall inspect all materials as delivered and shall promptly return all defective materials without
waiting for their rejection by the Project Manager or Architect.
If the Specifications, the Architect's instructions, laws, !ordinances, or any public authority require any work to be
tested or appmved, the Contractor shall give the Project Manager timely notice of its readiness for inspection.
Inspections by the Architect shall be promptly made, and where practicable, at the source of supply. If any such
work should be covered up without such notice and without the approval or consent of the Project Manager, it
must, if required by the Project Manager, be uncovered for examination at the Contractor's expense.
Re-examination of questioned work may be ordered by the Owner or its representatives, and, if so ordered, the
work must be uncovered by the Contractor. If such work is found to be according to the Contract Documents, the
Owner shall pay the cost of re_examination and restoration of the Work, unless such work was covered without
notice to or approval of the Project Manager. If such work is found not in accordance with the Contract
Documents, the Contractor shall pay such cost.
The Contractor shall, without charge, replace any material or. correct any workmanship found not 'to conform to the
requirements of the Contract Documents, unless the Owner consents to accept such material or workmanship with
an appropriate adjustment in Contract price. The Contractor shall promptly segregate and remove rejected
material from the premises.
If the Contractor does not promptly replace rejected material or correct rejected workmanship in accordance with
the requirements of the Contract Documents, the Owner may, by contract or otherwise, in addition to any other
available remedies under the contract or at law or equity, replace such material or correct such workmanship and
recover the cost thereof from funds that may be due or become due to the Contractor, or the Owner may terminate
the Contractor's right to proceed in accordance with this contract.
6. TESTING MATERIALS:
Where tests of materials or qualification tests are required by the Contract Documents, they shall be made as provided
in the Specifications, and according to the requirements of the California Building Standards Code as adopted by the
City and other applicable law. Copies .of all testing reports:shall be distributed as required in the Specifications.
7. SAMPLES FURNISHED BY CONTRACTOR:
The Contractor shall furnish for approval all samples as directed in sufficient time in advance to enable the Architect to
examine, approve and select samples before they are required by the progress of the Work. Portions of the Work for
which samples are required and selected by the Architect shall be in accordance with such approved samples. These
samples shall be sent prepaid to the office of the Project Manager or as the Project Manager may direct.
8. CONTRACTOR RESPONSIBILITY:
A. Contract - The Contractor shall incorporate the Contract Documents in its contract with each subcontractor
engaged in the performance of the Work.
Contractor's Supervision - The Contractor shall be so!ely responsible for the performance of the Work, including
portions of the Work done by subcontractors engaged in performance of the Work. All orders or instructions from
the Owner, Project Manager or Architect shall be through the Contractor to subcontractors engaged in
performance of the Work. The Contractor shall give efficient supervision to the Work, using the Contractor's best
skill and attention. The Contractor shall carefully study and compare the Drawings, Specifications, and other
instructions and shall at once report to the Project Manager any error, inconsistency or omission that the
Contractor may discover. At any time during the progress of the Work, the Owner, the Project Manager, or the
Architect shall have authority tO require the Contractor and/or subcontractors engaged in performance of the work
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
to attend a conference of any or all of the contractors engaged in the Work, and any notice of such conference
shall be duly observed and complied with by the Contractor.
Contractor's Superintendent - The Contractor shall keep on the Work, throughout its progress, a competent
superintendent and any necessary assistants, all satisfactory to the Owner and the Project Manager. The
superintendent shall not be changed except with the consent of the Owner and the Project Manager, unless the
superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent
shall represent the Contractor in the Contractor' s absence and all directions given to the superintendent shall be as
binding as if given to the Contractor. Superintendent time included in Contractor's Completed Proposal Form and
included in approved change orders, if any, must be included in Contractor's approved overhead rate and may not
be charged as a direct cost to the contract.
D,
Competent Employees - The Contractor shall at all times enforce strict discipline and good order among the
Contractor' s employees, and shall not employ on the Work any unfit person or anyone not skilled in the Work
assigned, nor anyone incompetent or unfit for duties of that person. When advised by the Owner's representative,
the Contractor shall dismiss such person, and such person shall not again, withodt permission of the Owner or
Project Manger, be employed upon the Work.
E,
Contractor's Duties ~ Except as otherwise noted, Contractor shall provide and pay for all labor, materials,
equipment, permits, fees, licenses, facilities and services necessary for the proper execution and completion of the
Work.
F. Contractor to Coordinate Subcontract Work: The Contractor is responsible for scheduling the Work of
subcontractors so as to avoid delay or injury to either Work or materials.
F. Daily construction reports shall be submitted on a weekly basis by the Contractor to the Project Manager.
9. INSURANCE:
The Contractor shall not commence performance of the Work until the Contractor has secured, provided
· certificates of insurance and endorsements evidencing, and received approval by the Owner for all insurance
coverage required under this Section, nor shall the Contractor allow any subcontractor to commence the Work
until all insurance required of the subcontractor has been obtained. All re.quired insurance shall be provided in the
form of "occurrence"-type policies underwritten by admitted carriers in the State of California with a rating of A
or better*. (*Rating from current year Best Rating Guide.) All policies shall be issued at the expense of the
Contractor and shall be maintained at the Contractor' s expense during the entire life of the contract.
B,
The Contractor and any subcontractors engaged in performance of the Work shall secure payment of worker
compensation in accordance with California Labor Code Section 3700 and other applicable law: Contractor shall
verify that all Subcontractors comply with this requirement.
The Contractor shall, within five (5) calendar days following notice of award, at the Contractor's own expense,
furnish certificates of insurance and endorsements evidencing that the Contractor has in effect and will maintain
during the entire life of the contract the following kinds and amounts of insurance:
1. Worker's Compensation Insurance:
Workers Compensation and employers Liability Insurance as required by any applicable law, regulation or
statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or
acts amending it. This policy shall cover. the full liability of the Contractor and shah be placed with
CONTRACT REQLrlREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
companies acceptable to the Owner; The Employer's Liability Insurance shall be in an amount no less than
$1,000,000.00 per claim.
2. Comprehensive General Liability and Comprehensive Automobile Liability Insurance:
Coverage for liability because of Bodily Injury and property Damage including, but not limited to the
following coverage:
Completed Operations and Products Liability
Bodily Injury
Broad Form Property Damage Liability
Contractual Liability insuring the obligations assumed by
the Contractor under the COntract Documents
Automob~e Liability, including owned, non-owned and hired automobiles
Coverage for the. XCU hazards of Explosion, Collapse and Underground
3. Commercial Umbrella Policy:
The Commercial policy is to insure losses above General liability, Employers liability, and auto liability
limits.
4. Builders Risk:
The Contractor shaH, at the Contractor's own expense, maintain a builder's risk fire insurance policy, special
form including extended coverage and vandalism, and malicious mischief endorsements. This policy shah
be jointly in the name of the Owner and the Contractor. Such insurance shall be carried in the amount of
100% of the Contract Price.
In the event of a partial or total destruction by fire of any or all of the Work at any time prior to the
completion and acceptance thereof, the Contractor shall promptly reconstruct all Work so destroyed or
injured at the Contractor's own cost and expense and at no cost to the Owner.
The insurance furnished by the Contractor is and shall be primary in the amount of any loss.
The limits of the insurance required above shall not be less than:
Comprehensive General liability
Bodily Injury Liability
Property Damage Liability
Cornprehensive Automobile Liability
Bodily Injury Liability
Property Damage Liability
,000,000
,000,000
,000,000
,000,000
$1,000,000
$1,000,000
$1,000,000
each occurrence
each aggregate
each occurrence
each aggregate
each person
each occurrence
each occurrence
Commercial Umbrella Policy
$1,000,000
Builders Risk
issued for the value of the contract
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
F. To meet the requirements of this contract, all insurance coverage must be "occurrence" type; claims made policies
are not acceptable.
For each insurance policy required under this contract except for the required workers compensation insurance
policy, the Contractor shall provide endorsements that add the City as an additional named insured. Such
endorsements shall: provide that the insurance required to be furnished by the Contractor shall be primary as
regards the City, and that the City's insurance shall be excess of and not contribute to the insurance required to be
furnished by the Contractor; that the .City shall receive 30 day written notice of any reduction or cancellation of
such insurance required to be furnished by the' Contractor; and include a severability of interest clause acceptable to
the City.
10. CONTRACTOR RESPONSIBILITY AND INDEMNITY
The Contractor shall take all responsibility for the Work, and shall bear all losses and damages directly or indirectly
resulting tO the Contractor, any subcontractors in performance of the Work, the City, its officials, officers, employees,
agents, volunteers and consultants, and to third parties on account of the performance or character of the Work~
unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the
Contractor or of any subcontractor engaged in performance of the Work. The Contractor shall indemnify, defend and
hold harmless the City, its officials, officers; employees, agents, volunteers and consultants from and against any or all
loss, liability, expense, claims, costs (including costs of defense), suits, and damages of every kind, nature and
description direc~y or indirectly arising from the performance of the Work ("Claims"). In accordance with California
Civil Code Section 2782(a), nothing in this contract shall be construed to indemnify the City for its sole negligence,
willful misconduct, or for defects in design famished by City. In accordance with California Civil Code Section
2782(b), nothing in this contract shall be construed to impose on the Contractor or to relieve the City from liability for
the City' s active negligence. By execution of this contract the Contractor acknowledges and agrees that the Contractor
has read and understands the insurance and other requirements of this contract, and this indemnity provision, which is a
material element of consideration. Approval of the Contractor's certificates of insurance and/or endorsements does not
relieve the Contractor of liability under this provision.
Contractor will defend any action or actions fled in connection with any Claims and will pay all related costs and
expenses, including' attorney's fees incurred. Contractor will promptly pay any judgment rendered against the City, its
officials, officers, employees, agents, volunteers or consultants for any Clam. In the event the City, its officials,
officers, eraployees, agents, volunteers or consultants is made a party to any action or proceeding ~ed or prosecuted
against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents,
volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not
limited to, reasonable attorneys' fees.
11. LICENSES/PERMITS:
The Contractor shall, without additional expense to the Owner, obtain all licenses, permits and other approvals required
for the performance of the Work. However, upon submission of receipts to the Owner for the cost of checking Plans,
Drawings and permanent utility connection fees, the Owner will reimburse the Contractor for such cost without
additional mark-up of the Contractor.
12. SUBCONTRACTING:
This contract and the performance of the Work are subject to the requirements of the Subletting and Subcontracting
Fair Practices Act (California Public Contract Code Section 4100 and following). If the Contractor fails to specify
a subcontractor or specifies more than one subcontractor for the same portion of the Work in excess of one-half of
1 percent of the Conlractor's total bid, the Contractor agrees that the Contractor is fully qualified to perform that
portion of the Work with the Contractor' s own forces, and that the Contractor shall perform that portion of the
Work with the Contractor's own forces. If after award of the contract the Contractor subcontracts, except as
provided for in California Public Contract Code Sections 4107 or 4109, any such portion of the Work, the
CONTRACT REQUIREMENTS
Page 6
13.
14.
DUBLIN HERITAGE CENTER STORAGE BUILDING
Contractor shall be subject to the penalties named in California Public Contract Code Sections 4110 and 4111, .
including cancellation of the contract, assessment of a penalty of up to 10 percent of the amount of the
subcontract, and disciplinary action by the Contractors State License Board.
B. No contractual relationship exists between the Owner and any subcontractor engaged in performance of the Work.
A,
HOURS OF WORK:
In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall
constitute a legal day's work under this contract.
In accordance with California Labor Code Section 1811, the time of service of any worker employed in
performance of the Work is limited to eight hours during any one calendar day, and forty hours during any one
calendar week, except in accordance with California Labor Code Section 1815; which provides that work in excess
of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon
compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during
any one calendar week at not less than one-and-one-half times the basic rate of pay. Only overtime that has been
approved in writing by an official authorized to bind the Owner will be eligible for payment under this contract.
The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the
performance of the Work for each calendar day during: which the worker is required or permitted to work more
than eight (8) hours in any one calendar day, or more than forty (40) hours in any one calendar week, in violation
of the provisions of California Labor Code Section 1810 and following.
WAGES:
In accordance with California Labor Code Section 1773.2, the City has determined 'the general prevailing wages in
the locality in which the Work is to be performed for each craft or type of work needed to be as published by the
State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which
is on file in the City Public Works office and shall be made avaihble on request. The Contractor and
subcontractors engaged in the performance of the Work shall pay no less than these rates to all persons engaged in
performance of the Work.
In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the
Work shall comply Labor Code Section 1775 which establishes a penalty of up to $50 per day for each worker ·
engaged in the performance of the Work that the Contractor or any subcontractor pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct
rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing
wage obligations, or the willful failure by the Contractor or subcontractor.to pay the correct rates of prevailing
wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if
the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The
Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each
worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate.
If a subcontractor worker engaged in performance of the Work is not paid the general prevailing per diem wages by
the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that
failure or unless the Contractor fails to comply with all of the following requirements:
The contract executed between the Contractor and the subcontractor for the performance of part of the
Work shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5,
1813, and 1815.
CONTRACT REQUIREMENTS
Page 7
15.
DUBLIN HERITAGE CENTER STORAGE BUILDING
The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the
subcontractor by periodic review of the subcontractor's certified payroll records.
Upon becoming aware of a subcontractor's failure t0 pay 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 performance of the Work.
Prior to making final payment to the subcontractor, 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 employees engaged in the performance of the Work and any amounts due pursuant
to California Labor Code Section 1813.
In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in
performance of the Work, 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 in performance of the Work. Each payroll
record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of
the following:
1. The information contained in the payroll record is tree and correct.
The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by the employer's employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available
for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for
inspection in accordance with California Labor Code Section 1776.
In accordance with California Labor Code Section 1777~5, the Contractor, on behalf of the Contractor and any
subcontractors engaged in performance 0fthe Work, shall be respons~le for ensuring compliance with California
Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
In case it becomes necessary for the Contractor or any subcontractor engagedin performance of the Work to employ
on the Work any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non manual workers as such) for which no minimum wage rate has been determined by the Director of the
Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the
classification which most nearly corresponds to Work to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such employment.
TIME:
Time is of the essence in this agreement and it is hereby understood and agreed that it is and will be difficult and/or
impossible to ascertain and determine the actual damage which the Owner will sustain in the event of and by reason
of the Contractor's failure to fully perform the Work or to fully perform all of its contract obligations that have
accrued by the Time for Completion; and it is, therefore, agreed in accordance with California Government Code
Section 53069.85 that the Contractor will forfeit and pay to the Owner liquidated damages in the sum of five
hundred dollars ($500.00) per day for each and every calendar day completion of the Work and/or performance of
all of the Contractor's contract obligations that have accrued is delayed beyond the Time for Completion. It is
further understood and agreed in accordance with California Government Code Section 53069.85 that the liquidated
damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time
this contract was made, and that the Owner may deduct liquidated damages sums in accordance with this provision
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
from any payments due or that may become due the Contractor.
The Contractor shall not be held responsible for delays in performance of the Contract caused by delay beyond the
control of both Owner and Contractor, such as by strikes, lockouts, labor disturbances, lack or failure of
transportation, or acts of other government entities. Owner shall not be liable to Contractor, any subcontractor
engaged in the performance of the Work, any supplier, or any other person or organization, or to any surety or
employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the
control of Contractor, (ii) delays beyond the control of the Owner and the Contractor including but not limited to'
fn'es, floods, epidemics, abnormal weather conditions, earthquakes and acts of God or acts or neglect by utility
owners or other contractors performing other work, or (iii) delays caused by the Owner, its officials, officers,
employees, agents, or volunteers, or delays caused by the Project Manager or the Architect, which delays are
reasonable under the circumstances involved and/or are within the contemplation of the Owner and the Contractor.
An extension of the Time for Performance in an amount equal to the time loss due to such delay(s) shall be the
Contractor's sole and exclusive remedy for such delay(s).
The Time for Completion includes anticipated adverse weather conditions based on the National Oceanic and
Atmospheric Administration (NOAA) ten-year-average weather conditions recorded for the record station that is
nearest or most applicable to the area in which the Work is situated. Extensions of the Time for Completion will not
be allowed for weather conditions that are consistent with anticipated rain days based on such NOAA ten-year-
average weather conditions. NOAA climatological data is available on the interact at
http://www.noaa.gov/climate.html, by mail from the U.S. Department of Commerce, National Climatic Center,
Federal Building, Ashville, North Carolina, 28801, and in public libraries. The Contractor shall forward to the
Project Manager records of weather delays and the critical path activity affected within five days of the occurrence
of weather delays. Extensions of the Time for Completion for delays due to adverse weather may be allowed only if
the number of days of adverse weather exceeds that in the ten-year average weather conditions recorded by NOAA
for the record station nearest or most applicable to the area in which the Work site is situated and if the Contractor
can verify to the Owner's reasonable satisfaction that such adverse weather caused actual delay in the timely
completion of the Work and/or full performance all of the C ontraCtor's obligations that have accrued under the
contract within the Time for Completion. No extensions of the Time for Completion will be granted for adverse
weather days that merely result in "concurrent" delays or delays that do not or would not, themselves, result in
failure to complete the Work and/or fully perform all of the Contractor' s obligations that have accrued under the
contract by the Time for Completion.
Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor shall
request, within five days of the start of the delay, an extension of time. The request shall be in writing and shall
describe in detail the cause for the delay.
F. NO DAMAGE FOR CONTRACTOR CAUSED DELAY
Contractor shall not be entitled to any compensation in excess of the Contract Price, including but not limited to
extended field or home office overhead, field supervision, costs of eapital, interest, escalation charges, acceleration
costs or other irapacts for any delays to the extent such delays are caused by the failure of the Contractor or any
subcontractor engaged in performance of the Work to perform the Work in accordance with the Contract
Documents. Contractor may be eligible for additional compensation in excess of the Contract Price for delays
caused directly and solely by Owner. However, Contractor shall not be' entitled to damages for delay to the Work
caused by the following, which the Owner and Contractor agree shall be deemed for purposes of California Public
ContraCt Code Section 7102 either not caused by the Owner,. and/or within the contemplation of the Owner and the
Contractor, and/or reasonable under the circumstances:
Exercise of the Owner' s right to sequence Work in a manner that would avoid disruption to the Owner and
other contractors and their respective subcontractors based on Contractor's failure to perform its cooperation
and coordination responsibilities required by this contract, Owner's or the Inspector's enforcement of
government act or regulation, or the provisions of the Contract Documents;
CONTRACT REQUIREMENTS
Page 9
DUBLIN HERITAGE CENTER STORAGE BUILDING
16.
2. Changed site conditions that are beyond contemplation of parties; and
Extensive requests for clarification to the Contract Documents or modifications to the contract, provided such
clarifications or modifications are processed by Owner or its representatives in a reasonable time
commensurate with Contract Document requirements.
F.O.B.:
All shipments must be F.O.B. destination to site o~ sites, as indicated in the Contract Documents. There must be. no
charge for containers, packing, unpacking, drayage or insurance. The Contract Price shall be all-inclusive (including
sales tax) and no additional costs of any type will be considered.
17. MATERIALS AND SUBSTITUTIONS:
Materials shall be new and of quality equal to that specified. When not particularly specified, materials shall be
the best of their class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind' and
· quality of materials.
In accordance with Public Contract Code Section 3400, where the Specifications list a manufacturer's name, brand
or model number in describing items listed, such manufacturer' s name, brand or model number indicates the
quality and utility of the items desired, and does not restrict Contractor to that manufacturer's name, brand or
model number, unless the Specifications expressly provide that the listed product is necessary to match others in
use on a particular public improvement either completed or in the course of completion. Except where the
Specifications indicate that a particular brand product is necessary to match others in use, when a manufacturer' s
name, brand or model number is listed, it shah be construed to be followed by the words "or equal" whether or not
those words in fact follow the manufacturer's name, brand name or model number in the Specifications. Products
concerning which the Contractor timely submitted data substantiating the Contractor' s request for substitution of
an "or equal" item in accordance with the Instructions to Bidders and which meet the applicable standards in the
judgment of the Owner will qualify as a substitute forthe specified item.
The Owner retains the right, in its soie discretion, to accept or reject any request for substitution. If a product
offered as a substitution is not accepted by the Owner as an equal it is understood the specified product will be
furnished by the Contractor for the Contract Price.
During the progress of the Work, all materials shall be neatly stacked, properly protected from the weather and
other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other
activities of the Owner, or with the use of existing City facilities by the public. All materials shall be delivered so
as to ensure efficient and uninterrupted progress of the Work. Materials shall be stored so as to cause no
obstruction and so as to prevent overloading of any portion of the Work. The Contractor shall be responsible for
damage or loss of materials delivered to and/or stored at the Work site due to weather or other causes. The
Contractor shall promptly remove from the Work site all materials rejected by the Project Manager, Inspector,
Architect or the Owner as failing to conform to the requirements of the Contract Documents, whether such non-
conforming materials have been incorporated in the Work or not. If so directed by the Owner, the Architect or the
Project Manager, the Contractor shall promptly replace and re-execute Work performed by the Contractor and
order the replacement and re-execution of Work performed by subcontractors using non-conforming materials with
materials that satisfy the requirements of the Contract Documents without expense to the Owner. The Contractor
shall bear the expense of making good all Work destroyed or damaged by such removal. If the Contractor fails to
remove or have. removed such rejected materials and/or to replace and re-execute affected portions of the Work, ff
any, within a reasonable time, the Owner may, in addition to any other available remedies under the Contract
Documents, at law or equity, remove the rejected materials or have them removed, have the affected portions of the
Work, ff any, repaired in accordance with the Contract Documents, and store the rejected material and deduct the
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
cost of such removal, repair and storage from amounts due or that may become due the Contractor under the
contract.
18. COMPLIANCE:
All finished Work shall be subject to inspection and acceptance or rejection by the Owner, the Project Manager, and the
Architect and other government agencies having jurisdiction over the Work. Final acceptance of the Work will be at
the discretion of the Owner.
19. LAWS AND ORDINANCES:
The Contractor and all subcontractors engaged in the performance of the work shall conform to the following specific
rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the
Drawings or Specifications is to be construed to permit Work not conforming to these codes.
National Electrical Safety Code, U. S. Department of Commerce.
National Board of Fire Underwriters' Regulations.
California Building Standards Code as adopted by the City,
Manual of Accident Prevention in Construction, latest edition, published by A.G.C. of America.
Industrial Accident Commission's Safety Orders, State of California.
Regulations of the State Fire Marshall (Title 19, California Code of Regulation) and Applicable Local Fire
Safety Codes.
Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies.
20. GUARANTEE:
Contractor shall guarantee all of the Work for one year from the date of acceptance of the Work by the City.
Contractor shall, upon receiving written notice of a need for repairs which are directly attributable to defective
materials or workmanship be responsible for, and make good, any defects arising or discovered in any part of the
Work by diligently taking the necessary steps to correct said defects within seven (7) days from the date of said
notice.
If the Contractor should fail to make good any defects in the Work in accordance with this provision 20, then, in
addition to any other available remedy under the contract or at law or equity, the Owner may make good or have
made good such defects in the Work and deduct the cost from amounts that may be due or become due the
Contractor, and/or call on the Contractor' s maintenance bond for the cost of rnaking good such defects and for the
Owner's reasonable legal costs, if any, of recovering against the bond.
21. SITE CONDITIONS:
A,
By signing this contract the Contractor declares that it has informed itself fully of the conditions relating to
construction and labor under which the Work will be or is now being performed. Contractor must employ, as far
as possible, such methods and means in carrying out the Work as will not cause any interruptions or interferences
with any other Work site functions. The Contractor is hereby advised that the Work site may have restricted
delivery times. Any deviation from the restricted delivery times noted in the Specifications or communicated by
the Project Manager to the Contractor must be authorized by the Project Manager in writing before delivery.
The Contractor is hereby advised that the Work is to be performed in the vicinity of public facilities open to the
public. Interruptions and/or periods of shut down of public access, electrical service, water service, lighting Or
other utilities shall be only as arranged in advance with the City. Contractor will provide temporary services for all
facilities interrupted by Contractor's Work.
CONTRACT REQUIREMENTS
Page 11
H
J,
DUBLIN HERITAGE CENTER STORAGE BUILDING
All salvage materials .will become the property of the Contractor and shall be removed from the site unless
otherwise called for in these Specifications and/or noted on the Drawings. However, the Owner reserves the right
to designate certain items of salvage value that shall be turned over to the Owner.
The Contractor is responsible for verifying all measurements and existing conditions concerning the Work prior to
the start of performance of the Work.
The Contractor shall maintain in operation during the duration of contract, drainage lines, storm drains, sewers,
water, gas, electrical, steam and other utility service lines within the area where the Work is being performed.
All connections to public utilities and/or existing on-site services shall be made and maintained in such a manner as
to not interfere with the continuing rise. of same by the Owner during the entire profess of the Work.
The Contractor shall protect and preserve the Work from all damage or accident, providing any temporary roofs,
window and door coverings, boxings, or other construction as required by the Architect. The Contractor shall be
responsible for existing structures, walks, roads, trees, landscaping and/or improvements in the vicinity of the
Work site; and shall provide adequate protection therefore. If damage occurs to such existing structures or
improvements or to the Work due to the performance o.f the Work, the Contractor shall repair or replace or have
repaired or replaced such existing structures or improvements or such damaged portions of the Work at the
Contractor's expense with same kind, quality and size of such existing structures or improvements or portions of
the Work that are damaged. The Contractor' s obligations pursuant to this provision shall apply to any property of
the Owner and of third parties. If the Contractor should fail to perform the requirements of the this provision
21 (G), then, in addition to any other available remedy under the contract or at law or equity, the .Owner may make
good or have made good such protections, repairs and/or replacements as are required pursuant to this provision
and deduct the cost from amounts that. may be due Or become due the Contractor, and/or call on the Contractor' s
performance bond for the cost of effecting such protections, repairs and/or replacements as are required pursuant
to this provision and for the Owner's reasonable legal costs, if any, of recovering against the bond.
The Contractor must provide all labor, materials and equipment necessary for protecting the Work, and all
occupants, furnishings, equipment and structures from damage until completion of the Work and final acceptance
by Owner. Dust barriers shall be provided to isolate dust and dirt from construction operations. At completion of
the Work, Contractor shall clean to the original'state any areas beyond the Work area that become dust laden as a
result of the Work. The Contractor must erect the necessary warning signs and barricades to ensure the safety of
the public. The Contractor at all times must maintain good housekeeping practices to reduce the risk of fire
damage and must make a fire extinguisher available at each location where cutting or welding is being performed.
The Contractor shall promptly and properly clean the Work as it progresses. As directed during construction,
rubbish shall be removed and at completion the whole Work shall be cleaned and all temporary construction,
equipment and rubbish shall be removed from the Work site.
Work site clean-up must be maintained on a daily basis. The Contractor is responsible to provide the debris
container. The Contractor shall be responsible for clean-up of all debris associated with the Contractor's daily
construction activities.
If the Project Manager or Owner observes the accumulation of trash and debris, the Project Manager will give the
Contractor a 24 hour written notice to mitigate the condition.
Should the Contractor fail to perform the required clean-up in accordance with provisions 21(H) through (J),
above, or should the clean-up be deemed unsatisfactory by the Project Manager, then, in addition to any other
available remedy under the contract or at law or equity, the Owner may make good or have made good such clean-
up as are required pursuant to provisions 21 (H) through (J) and deduct the cost from amounts that may be' due or
CONTRACT REQUIREMENTS ·
Page 12
22.
DUBLIN HERITAGE CENTER STORAGE BUILDING
become due the Contractor, and/or call on the Contractor's performance bond for the cost ofeffecting such clean-
up and for the Owner's reasonable legal costs, if any, of recovering against the bond.
SAFETY:
According to generally accepted construction practices, the Contractor will be solely and completely responsible
for conditions of the Work site, including safety of all persons and property during performance. of the Work. This
requirement will apply continuously and not be limited to normal working hours.
Review and inspection by the City, the Project Manager, the Architect, and/or other representatives of the Owner
of the Contractor's performance of the Work shall not constitute review of the adequacy of the Contractor's safety
measures in, on, or near the Work site, and such rexfiews and inspections do not relieve the Contractor of any of the
Contractor' s obligations under the Contract Documents and applicable law to ensure that the Work site is
maintained and the Work is performed in a safe manner.
The Contractor shall be solely responsible for the implementation and maintenance of safety programs to ensure
that the Work site is maintained and the Work is performed in a safe manner in accordance with the Contract
Documents and applicable law.
D. The Contractor shall, within five (5) calendar days following the Notice of Award, famish to the Project Manager
a copy of the Contractors Safety Plan.
The Contractor shall furnish and place proper guards and systems for the prevention of accidents, including,
without limitation, those systems required pursuant to Title 8, Section 1670 and following of the California Code
of Regulations concerning safety belts and nets. The Contractor shall provide and maintain any other necessary
systems or devices required to secure safety of life or property at the Work site in accordance with accepted
standards of the industry and applicable law. The Contractor shall maintain during all night hours sufficient lights
to prevent accident or damage to life or property. The contractor shall assume all liability for any accident or
accidents resulting to any person or property as a result of inadequate protective devices for the prevention of
accidents. The Contractor shall indemnify, defend, and hold harmless the Owner and its officials, officers,
employees, agents, volunteers and consultants from such liability in accordance with provision 10, above, of this
contract.
23. CONDUCT OF THE WORK:
The Owner reserves the right to do other work in connection with the project by contract or otherwise, and
Contractor shall at all times conduct the Work to impose no hardship on the Owner, others engaged in the Work or
other contractors working at the Work site. The Contractor shall adjust, correct and coordinate the Work with the
work of others so that no delays result in the Work and other work at or near the Work site.
If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any
other contractor, the Contractor shall, before proceeding with the Work, promptly report to the Project Manager
any apparent discrepancies or defects in such other work. Failure of the Contractor to report promptly any
discrepancy or defect shall constitute an acceptance of the Owner's or other contractor's work as fit and proper to
receive the Work.
The Contractor shall anticipate the relations of the various trades to progress of the Work and shall see that required
anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade shall
be a part of same, except where stated otherwise.
D. Proper facilities shall be provided at all times for access of the Owner, the Project Manager, Architect, and other
representatives of the Owner to conveniently examine and inspect the Work.
CONTRACT REQUIREMENTS
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DUBLIN HERITAGE CENTER STORAGE BUILDING
E. Audits and Inspection of Work:
1)
The Owner shall have the fight to examine and audit at no additional cost to the Owner all books, estimates,
records, contracts, documents, bid documents, bid cost data, subcontract job cost reports and other data of the
Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment
and other materials required for the Work, including computations and projections related to bidding,
negotiating, pricing or performing the Work or contract modifications and supporting materials concerning
the Work in order to evaluate the accuracy, completeness, and currency of the cost or pricing data.
2)
The Contractor shall make available at its office at all reasonable times the materials described in this
provision 23(E) for examination, audit, or reproduction until three years after final payment under this
contract.
24. DRAWINGS AND SPECIFICATIONS:
A. The Drawings and Specifications are complementary and intended to mutually describe the required Work
necessary to provide a firfished project meeting the prescribed requirements.
in general, the Drawings will indicate dimensions, position and kind of construction, and the Specifications,
qualities and methods. Any Work indicated on the Drawings and not mentioned in the Specifications, or vice
versa, shall be furnished as though fully set forth in both. Work not particularly detailed, marked or specified, shall
be the same as similar parts that are detailed, marked or specified. When an item is necessary for the operation of
the equipment drawn or specified, Contractor shall famish a suitable item that will allow the system to function
properly at no extra charge.
Should an error appear in the Drawings or Specifications, or the work done by others affecting this Work,
including typographical errors in the Specifications and notational errors on the Drawings, the Contractor shall
notify the Project Manager at once and the Architect will issue instructions as to procedure to correct the error, if
any. If the Contractor proceeds with the Work so affected without instructions from the Architect, the Contractor
shall make good any resulting damage' or defect, and the Contractor shall have all of the obligations and the Owner
shall have all of the fights and remedies concerning such damage or defect that are specified provisions 20(B) and
21 (G), above.
The General Conditions apply with equal force to all of the Work, including extra work authorized by the Owner,
Project Manager or Architect in accordance with the Contract Documents. Where required .by the Specifications,
the Contractor shall submit in quantities indicated shop and diagram drawings. Such shop and diagram drawings
shall show completely the Work to be done, expanding on the contract Drawings concerning details not previously
shown, field conditions and the condition of the Work. Architect review of such shop and diagram drawings shall
concern conformance of such shop and diagram drawings with contract requirements only. The Architect assumes
no responsibility for the correcthess or accuracy of dimensions or other contents of such shop and diagram
drawings. The Contractor shall check all dimensions at the Work site. Shop and diagram drawings shall be
stamped and signed by the Contractor certifying to such check and accompanied by a signed letter of transmittat
from the Contractor. TheSe requirements are mandatory and the Architect shall not review submissions without
such certifications. Shop and diagram drawings shall be clearly marked ~th the name of the project and the name
of the ContraCtor, subcontractor or supplier making the submittal. The Contractor shall be responsible for all
discrepancies between dimensions of the actual Work: and those shown on the shop and diagram drawings
prepared by the Contractor, subcontractors engaged in the performance of the Work, and suppliers of materials and
equipment for the Work, and for any other errors contained in or resulting from such shop and diagram drawings,
including errors in material or equipment quantities and resulting errors in the performance of the Work. The
Contractor shall have all of the obligations and the Owner shall have all of the fights and remedies that are
CONTRACT REQUIREMENTS
Page 14
DUBLIN HERITAGE CENTER STORAGE BUILDING
specified in provisions 20(B) and 21 (G), above concerning any such discrepancies or errors in the shop and
diagram drawings, and concerning resulting errors in the performance of the Work.
25. CHANGE ORDERS:
26.
The Owner shall be at liberty at any time during the progress of the Work to request any alterations, deviations,
additions, or omissions from the Contract Documents, :including, without limitation the Specifications, or
Drawings, and such amendments shall in no way void the contract, but will be added to or deducted from the
amount of the Contract Price, if such amendments affect the Contract Price, based on a fair and reasonable
valuation of the amendment in accordance with the Contract Documents and applicable law.
Change orders and other amendments to the Specifications or other Contract Documents governing the Work shall
be made only by a writing executed on behalf of the Owner by the Project Manager andfor the Architect and an
official of the City authorized to bind the Owner, and executed on behalf of the Contractor by a representative
authorized to bind the Contractor.
C. Change order proposals must be submitted to the Project Manager before or at the time of the proposed change.
"Add" change order proposals must include the following information:
1. An itemization of the actual cost of all items of direct cost for required labor, classification of labor use~d, the
total hours of each classification and the hourly rate of each classification, the cost of power tools and
equipment, the cost of all materials or supplies to be used and direct items of cost, i.e., liability and workers
compensation insurance, social security, and retirement and unemployment insurance in proportion to the
labor costs.
An allowance not to exceed a total of 15% of the total of combined Conliactor and subcontractor direct costs
for overhead and profit. Overhead shall include insurance other than those types specified, cost of bonds,
superintendents, clerical help, and general office expense and utilities.
A statement specifying any change required in the Time for Completion. PropOsed change orders that do not
specify a change in the Time for Completion shall be deemed declarations on behalf of the Contractor that
the proposed change order may be accomplished by the Time for Completion then in effect.
"Deduct" change order proposals must include the same information specified above for "add" change orders;
except that, the deduction from the allowance for overhead and profit shall not exceed a total of 7% of the total
combined Contractor and subcontractor direct costs deducted from the Work pursuant to the change order.
D,
The Contractor shall be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the
Contractor, any subcontractor engaged in the performance of the Work, any party supplying material or equipment
for the Work or any third party that are incurred pursuant to such proposed changes before issuance of an approved
change order executed in accordance with the Contract Documents, including this provision 25. The Contractor
shall have all of the obligations and the Owner shall have all of the rights and remedies that are specified in
provisions 20(B) and 21 (G), above concerning any work or resulting losses, costs, or liabilities pursuant to
proposed changes before issuance of an approved change order executed in accordance with the Contract
Documents, including this provision 25.
Any changes in the Work andfor the Contract Documents pursuant to change orders and other amendments issued
in accordance with the Contract Documents, including this Provision 25, shall comply with the Specifications,
Drawings, and Contract Documents except as modified by such change orders or amendments.
CONTRACT TERMINATION:
CONTRACT REQUIREMENTS
Page 15
C,
DUBLIN HERITAGE CENTER STORAGE BUILDING
In accordance with California Public Contract Code Section 7105, in addition to all other available remedies that
the Owner may have under the Contract Documents, and at law or equity, the Owner may terminate the contract:
If the Contractor or any of its subcontractors engaged in the performance of the Work should fail to timely
perform the Work and/or any of the Contractor's obligations under the Contract Documents that have
accrued except for due to reasons beyond the control of the Contractor pursuant to the Contract Documents.
2. If the Contractor be adjudged a bankxupt, or if it should make a general assigmnent for the benefit of
creditors, or if a receiver should be appointed on account of its creditors,
If the Contractor or any of the subcontractors engaged in the performance of the Work should persistently or
repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough
properly skilled workmen or proper materials,
4. If the Contractor should fail to make prompt payment to subcontractors engaged in the performance of the
Work or for material or labor used in the performance of the Work, or
,
If the Contractor or any subcontractors engaged in the performance of the Work should persistently disregard
laws or ordinances applicable to the performance of the Work, or the instructions of the Owner, the Project
Manager, the Architect, or other authorized representatives of the Owner, or
6. For any reason or for no reason, at the Owner's sole discretion.
In the event the Owner intends to terminate the contract for any reason, the Owner shall immediately serve written
notice thereof upon the Contractor and its sureties in accordance with the Contract Documents. In the event the
Owner intends to terminate the contract for any of the reasons specified in provision 26(a)( 1 ) through (5), such
notice will provided that upon receipt of notice of the Owner's intent to terminate the contract, the Contractor's
sureties shall have the right to take over and complete the Work and perform all of the Contractor's .remaining
obligations that have accrued under the Contract; provided, however, that if the Contractor's sureties within ten
(t0) days after receipt of notice of the Owner's intent to terminate the contract do not give the Owner written
notice of their intention to take over and perform the Contract or do not commence completion of the Work and
performance of all of the Contractor's remaining obligations that have accrued under the contract, the Owner may
take over the completion of the Work or have the Work completed for the account and at the expense of the
Contractor and its sureties, and the Contractor and its sureties shall be liable to the Owner for any excess cost
occasioned the Owner thereby. In such event the Owner may, in addition to all other available remedies that the
Owner may have under the Contract Documents, and at law or equity, deduct such excess cost of completion of
the Work from amounts that are due or that may become due the Contactor.
Upon termination of the contract for any of the reasons specified in provision 26(a)(1) through (5), the Contractor
shall, if is so ordered by the Owner, immediately remove from the Work site all or any materials and personal
property belonging to the Contractor which have not been incorporated in the Work and the Contractor and its
sureties shall be liable upon their bond for all damages caused the Owner by reason of the Contractor's failure to
complete the Contract.
In the event that the Owner shall complete or have completed any portion of, or the whole of'the Work, following
termination of the contract for any of the reasons specified in provisions 26(a)(1) through (5), the Owner shall not
be liable nor account to the Contractor or the Contractor's sureties in any way for the time within which, or the
manner in which such Work is performed, or for any changes made in such Work or for the money expended in
satisfying claims and/or suits and/or other obligations in connection with completing the Work. If, following
termination of'the contract for any of the reasons specified in provisions 26(a)(1) through (5), the unpaid balance
of the Contract Price shall exceed the expense of completing the Work, including compensation for additional
CONTRACT 1LEQLrlREMENTS
Page 16
27.
E,
F,
A
DUBLIN HERITAGE CENTER STORAGE BUILDING
legal, managerial and administrative services and all other amounts due for the completion of the Work and/or
satisfaction of claims by the Owner and/or others arising out of the contract, the difference shall be paid to the
Contractor. If the expense of completing the Work exceeds the unpaid balance of the Contract Price, the
Contractor or its sureties shall pay the difference to the Owner.
In the event of termination pursuant to provision 26(a)(6), the Contractor will be compensated in accordance with
the Contract Documents for work actually performed in accordance with the Contract Documents prior to receipt
of the .notice of termination, less any applicable charges, retention or other withholding that may apply under the
Contract Documents and applicable law.
In the event that the Contract is terminated for any reason, no allowances or compensation will be granted for the
loss of any anticipated profit by the.Contractor. '
This contract is subject to termination as provided by Sections 4410 and 4411 of the California Govenanent Code,
which provide as follows:
§ 4410.
In the event a national emergency occurs, and public work, being performed by contract, is stopped,
directly or indirectly, because of the freezing or diversion of materials, equipment or labor, as the result of
an order or a proclamation of the President of the United States, or of an order of any federal authority, and
the circumstances or conditions are such that it is impracticable within a reasonable time to. proceed with a
substantial portion of the work, then the public agency and the contractor may, by written agreement,
terminate said contract.
§ 4411.
SUch an agreement shall include the terms and conditions of the termination of the contract and provision
for the payment of compensation or money, if any, which either party shall pay to the other or any other.
person, under the facts and circumstances in the case.
Compensation to the contractor shall be determined in the basis of the reasonable value of the work done,
including preparatory work. As an exception to the foregoing, in the case of any fully completed separate
item or portion of the work for which there is a separate contract price, the contract price shall control. The
parties may in any other case adopt the contract price as the reasonable value of the work done or any
portion thereof.
DISPUTES.
In accordance with California Public Contract Code Section 20104.2, the foUowing procedures shall apply to
claims of $375,000 or less between the Contractor and the City:
The claim shall be in writing and include the documents necessary to substantiate the claim. Clam must
be fled on or before the date of final payment. Nothing in this subdivision is intended to extend the lime
limit or supersede notice requirements otherwise provided by contract for the f~ing of claims.
For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written
claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the
claim, any additional documentation supporting the claim or relating to defenses to the claim the City may
have against the Contractor.
If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the City and the Contractor.
CONTRACT REQUIREMENTS
Page 17
DUBLIN HERITAGE CENTER STORAGE BUILDING
ii.
The City's written response to the claim as further documented, shall be submitted to the
Contractor within 15 days after receipt of the further documentation or within a period of time no
greater than that taken bythe Contractor in producing the additional information, whichever is
greater.
For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five
thousand dollars ($375,000), the City shall respond in writing to all written claims within 60 days of receipt
of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the claim the City may have against the
Contractor.
If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the City and the Contractor.
The City's written response to the claim, as further documented, shah be submitted to the
Contractor within 30 days after receipt of the further documentation, or within a period of lime no
greater than that taken by the Contractor in producing the additional information or requested
documentation, whichever is greater.
If the Contractor disputes the City's written response, or the City fails to respond within the time
prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's
response or within 15 days of the City's failure to respond within the time prescribed, respectively, and
demand. an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand,
the City shall schedule a meet and confer conference within 30 days for settlement of the dispute,'
Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor
may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those
provisions, the running of the period of time within which a claim must be filed shall be tolled from the
time the Contractor submits his or her written claim pursuant to subdivision (a) until the time that claim is
denied as a result of the meet and confer process, including any period of time utilized by the meet and
confer process.
This article does not apply to tort claims and nothing in this article is intended nor shall be construed to
change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code.
In accordance with California Public Contract Code Section 20104.4, the following procedures apply to civil actions
to resolve claims of $375,000 or less between the City and the Contractor:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall
submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within 15 days by both parties of a disinterested third
person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15
days from the commencement of the mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-
day period, any party may petition the court to appoint the mediator.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5
(commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding
Section 1141.11 of that code. The Civ~ Discovery Act of 1986 (Article 3 (commencing with Section 2016)
CONTRACT REQUIREMENTS
Page 18
DUBLIN HERITAGE CENTER STORAGE BUILDING
of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedu~) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to judicial arbitration.
Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good eanse, determines a different
division. In no event shall these fees or expenses be paid by state or county funds.
ii. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration
process.
C. In accordance with California Public Contract Code Section 20104.6:
,
The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise
provided in the contract.
In any suit filed under Public Contract Code Section 20104.4 concerning this contract, the City shall pay
interest at the legal rate on any arbitration award or judgment. Such interest shall accrue from date the suit
was filed.
28. OCCUPANCY:
The Owner reserves the right to occupy or use any part or parts or the entirety of the Work before the Work is
complete or the contract is fully performed. Subject to applicable law, exercising this right shall in no way
constitute an acceptance of those parts, or any part of the Work so occupied or used, nor shall such occupancy or
use in any way affect the dates and times when payments shall become due from the Owner to the Contractor, nor
shall such occupancy or use in any way prejudice the Owner's fights under the contract, any bonds guaranteeing
the same,. or at law or equity. Subject to applicable law, the contract is to be deemed completed only when all the
Work is duly and properly performed and accepted by the Owner.
29. CONTRACT CLOSEOUT:
30.
A. When the Contractor considers the Work is completed, the Contractor shall submit written certification to the
Project Manager that the Contract Documents have been reviewed; the Work has been inspected for compliance
with the Contract Documents; the Work has been completed in accordance with the Contract Documents; and that
equipment and systems have been tested in the presence of the Owner's representative and are operational. The
Owner or the Owner' s authorized representatives will make an inspection to verify that the Work is complete and
will notify the Contractor in writing of any incomplete or deficient Work. The Contractor shall take mediate
steps to remedy the stated deficiencies and give notice of correction to the Project Manager, whereupon the Owner
or the Owner's authorized representatives will reinspect the Work The Contractor shall correct all punch list items
within 20 calendar days after the issuance of the punch list by the Project Manager. Before the Owner acceptance
~ of the Work, the Contractor will submit closeout documents, including one set of reproducible vellums of the
Project Record Drawings (As-Builts), operating and maintenance instructions and data, warranties, and evidence
of release of stop notices, if any.
ACCEPTANCE OF WORK:
CONTRACT REQUIREMENTS
Page 19
DUBLIN HERITAGE CENTER STORAGE BUILDING
31.
The Work shall be accepted in writing only when it has been completed to the reasonable satisfaction of the
Owner, Project Manager and Architect. Progress payments shall in no way be construed as acceptance of any part
of the Work.
In evaluating the Work, no allowance will be made for deviations from the Drawings, Specifications, or other
Contract Documents, unless already approved in writing in accordance with the requirements of provision 25,
above.
The fact that the work and materials have been inspected from time to time and that progress payments have been
made does not relieve the Contractor from the responsibility of replaging and making good any defective work or
materials or omitted work or materials in accordance with the requirements of the Contract Documents.
PAYMENT:
On or about the first day of each calendar month the Contractor shall submit to the Project Manager a verified
application for payment and schedule of values, supported by a statement showing all materials actually installed
during the preceding month, and the cost of labor expended.
B. No allowances will be made for material or equipment stored off site.
Contractor shall submit certified payroll reports for its employees and for its Subcontractors' employees with each
application for payment to the Project Manager. Applications for Payment will not be processed without certified
payroll reports.
D,
Unless the Contractor has elected to post securities in lieu of retention in accordance with California Public
Contract Code Section 22300, and the Contractor and Owner have executed an escrow agreement in accordance
with that section, the City shall make progress payments to the Contractor in accordance w!th applicable law in the
amount of ninety (90) percent of the value of the labor actually performed and the material incorporated in the
Work as specified in Contractor's verified application for payment upon approval by the Owner' s authorized
representative(s). Payment of progress payments shall not be construed as acceptance of the Work performed. If
the Contractor has elected to post securities in lieu of retention in accordance with Public Contract Code Section
22300 and the Contractor and Owner have executed an escrow agreement in accordance with that section, the City
shall make payments to the Contractor or the Contractor's escrow agent in accordance with such escrow agreement.
E. The City shall pay the Contractor' s'fmal invoice in accordance with applicable law following acceptance of the
Work in accordance with provision 30, above, provided that:
The Contractor shall have furnished evidence satisfactory to the City that all claims for labor and material
have been paid; or the time for fling valid stop notices has passed and no stop .notices have been filed, or all
stop notices fled have been released by valid release or release bond accepted by the City; and
No claim shall have been presented to the Owner by any person based upon any acts or omissions of the
Contractor or any subcontractor engaged in the performance of the.Work; and
No other claim or dispute exists under the contract or applicable law concerning payment of the Contractor's
final invoice and/or release of the contract withholding, and
The Contractor has filed with the Owner the Maintenance Bond provided in the Contract Documents with
duly notarized signatures of an authorized representative of the Contractor and an attorney-in-fact of an
admitted surety insurer acceptable to the Owner and such Maintenance Bond binds the Contractor as
Principa! and the Surety in accordance with its terms in the amount of 10% of the final Contract Price.
CONTRACT REQUIREMENTS
Page 20
DUBLIN HERITAGE CENTER STORAGE BUILDING
PAYMENT WITHHELD:
The O~vner or its agent may, in accordance with the Contract Documents and applicable law, withhold any payment of
monies due or that maybecome due the Contractor because of:
1. Defective work not remedied, or uncompleted work, or
2. Claims filed or reasonable evidence indicating probable filing of claims, or
3. Failure to properly pay Subcontractors or for material or labor, or
4. Reasonable doubt that the Work can be completed for the balance then unpaid, or
5. Damage to another contractor, or
6. Damage to the Owner, or
7. Damage to a third party, or
8. Delay in the progress of the Work which, in the Owner's judgment, is due to the failure of the Contractor to
properly expedite the Work.
9. Liquidated damages or other charges that apply to the Contractor under the contract; or
10. Any other lawful basis for withholding payment under the contract
33.
34.
35.
36.
PATENT RIGHTS, COPYRIGHTS, TRADE NAMES AND ROYALTIES
The Contractor shall indemnify, defend and hold harmless the Owner, the Owner's officials, officers, employees,
volunteers, agents and the Project Manager and Architect for all liability on account of any patent rights, copyrights,
trade names or other intellectual property rights that may apply to the Contractor' s performance of the Work. The
Contractor shah pay all royalties or other charges as a result of intellectual property rights that may apply to
methods, types of construction, processes, materials, or use of equipment in the course of the performance of the
Work, and shall furnish written assurance satisfactory to the Owner that such charges have been paid.
ADVERTISING
No advertising Signs of any kind shall be displayed on the premises, fences, and offices or elsewhere on the Work
site unless specifically approved by the Owner:
OWNERSHIP OF DRAWINGS
All Contract Documents, (i.e. - drawings, specifications,' and copies thereof), furnished by Owner are the property of
the Owner. They are not to be used on other work and with the exception of signed contract sets, are to be returned
to Owner on request upon completion of the Work.
Substitute Securities,
In accordance with Public Contract Code Section 22300, except where federal regulations or polices do
not permit substitution. of securities, the Contractor may substitute securities for any moneys wifi'theld by
'CONTRACT REQUIREMENTS
Page 21
37.
38.
DUBLIN HERITAGE CENTER STORAGE BUILDING
the City to ensure performance of the Work. At the Contractor's request and expense, securities
equivalent to the amount withheld shall be deposited with the City, or with a state or fcdcrally chartered
bank in California as the escrow agent, who shall then pay those moneys to the Contractor under the
terms of the Escrow for Security Deposit agreement. The Escrow for Security Deposit agreement is
provided in the Contract Documents. Upon satisfactory completion of the Work, the securities shall be
returned to the Contractor,
Altea'natively, at the Contractor's request and expense, the City shall pay retentions earned directly to the
escrow agenL At the Contractor's expense, the Contractor may direct investment of the payments into
securities. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow
agent all securities, interest, and payments received by the escrow agent from the City, pursuant to this
provision and the terms of the Escrow for Security Deposit agreement, The Contractor shall, within 20
days of receipt of payment, pay to each subcontractor the respective amount of interest earned, less costs
of retention withheld from each Subcontractor, on monies withheld to ensure the Contractor' s
performance of the Work.
Securities eligible for investment in accordance with this provision include those listed in 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 the Contractor and the City.
The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any
interest thereon.
Assignment of Unfair Business Practice Claims
The Contractor and any subcontractors offer and agree to assign to the City all rights, title, and interest in and to all
causes of action the Contractor or any subcontractors may have under Section 4 of the Clayton Act (15 U.S.C. § 15)
or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and
Professions Code)~. arising from purchases of goods, services or materials pursuant to this contract This assignment
shall be made and become effective at the time the City tenders final payment to the Contractor, without further
acknowledgement by the parties.
Excavation
In accordance with Public Contract Code Section 7104, if the Work involves excavation more than four feet deep
the Contractor must promp~y notify the City in writing before disturbing any of the following conditions:
Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the
Health and Safety Code, that is required to be removed to a Class I, Class II or Class HI disposal site in
accordance with provisions of existing taw.
B. Subsurface or latent physical conditions at the site differing from those indicate&
Unknown physical conditions at the site of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in
the contract.
The City will promptly investigate any such conditions for which notice is given. If the City finds that the
conditions do materially differ, or involve hazardous waste, and would cause a decrease or increase in the cost or
time of performance of the Work, the City shall issue a change order pursuant to provision 25 of these General
Conditions. If a dispute arises between the City and the Contractor whether the conditions materially differ, or
CONTRACT REQUIREMENTS
Page 22
39.
DUBLIN HERITAGE CENTER STORAGE BUILDING
involve hazardous waste, or cause a decrease of increase: in the cost or time of performance, the Contractor shall not
be excused from any completion date provided in the contract, but shall proceed with all work to be performed. The
Contractor shall retain all rights under contract or law pertaining to resolution of disputes and protests between
contracting parties.
In accordance with Labor Code Section 6705, contractors performing contracts exceeding $25,000 in cost and
involving excavation five or more feet deep must submit for the City's acceptance, prior to excavation, a detailed
plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the
hazard of eaving ground during excavation. If the plan varies from the shoring system standards, it must be
prepared by a registered civil or structural engineer.
Utility Relocation Costs.
The Contractor shall notify in writing all affected public utility companies of the approximate time that the Work
will commence. The Contractor shall exercise caution in performing the Work so that gas, electric, telephone and
other utility services will not be damage& The Contractor shah notify the Pacific Gas & Electric Company and the
Pacific Bell Company at least twenty-four (24) hours in advance of such time that excavation or other work is to be
done along any section of the Work in order that said companies may do such work as is required to maintain
uninterrupted service. There is in effect an underground service alert plan in the area in which the Work is situat~k
Prior to performing any underground Work or excavation, the Contractor shall give the underground service
coordinator forty-eight (48) hours notice at (800) 227-2600, and contact the following people: Dean McDonald,
Dublin Maintenance Superintendent, regarding location of City landscaping irrigation lines at (925) 833-6630, and
the Alameda County Signal Shop at (925) 670-5537, for the location of underground traffic signal and intemonnect
.wires.
In accordance with Government Code Section 4215, the City will compensate the Contractor for the costs of
locating, repairing damage not due to the Contractor' s failure to exercise reasonable care, and removing or
relocating existing main or trunkline utility facilities located at the construction site and not identified with
reasonable accuracy by the City in the Technical Specifications, Special Provisions or Project Plans. The City will
also compensate the Contractor for the cost of equipment used in performing the Work and necessarily idled during
such Work. The Contractor will not be assessed liquidated damages for Work completion delays caused by the
City' s failure to provide for removal or relocation of such main or trunkline utility facilities.
Nothing herein shall be deemed to require the City m indicate the presence of existing service laterals or
appurtenances whenever the presence of such utilities on the Work site can be inferred from the presence of other
visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Work site; provided, however,
nothing herein shall relieve the City from identifying main or trunk lines in the Technical Specifications, Special
Provisions or Project Plans.
Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays which are
the responsibility of the utility,
Nothing herein shall be construed to relieve the utility from any obligation as required either by law or by contract to
pay the cost of removal or relocafion of existing utility facilities.
If the Contractor while performing the Work discovers utility facilities not identified by the City in the Technical
Specifications, Special Provisions or Project Plans, the Contractor shall immediately notify the Engineer and utility
in writing.
Either the City or the utility, whichever owns existing main or trunkline utility facilities located on the Worksite,
shall have sole discretion to effect repairs or reloeation work or permit the Contractor to perform such repairs or
reloeation work at a reasonable price.
CONTRACT REQUIREMENTS
Page 23
PART 1
1.01
1.02
1.03
Section 00800
SPECIFICATIONS
PROJECT 01-07
SPECIAL PROVISION 20
PRE-ENGINEERED STRUCTURES
GENERAL
WORK INCLUDES:
A. Design, fabrication and erection of sectional modular storage building.
RELATED WORK
REFERENCES
A. The maintenance ramp to be constructed as part of the Work shall meet the approval of the City Inspector.
B. In addition, the Work shall conform to current California commercial coach licensing requirements, as
applicable.
1.04
1.05
1.06
SUBMITTALS
A. Submit 6 sets of manufacturers shop drawings showing all elements of the structures including foundation
design. Three sets will be returned to the contractor.
B. Three sets of color samples of proposed colors. (Min. Size: 3"x5")
C. Three sets of manufacturers catalog cuts showing panel profiles, 2-12"x12" min. samples of panel.
D. Four sets of structural calculations, "wet stamped" by Califomia licensed civil or structural engineer.
E. Submit 6 sets of traffic control plans and routes for delivery.
QUALITY ASSURANCE
A. Submit the following information with the Submittals referenced in Section 1.04:
1. International Conference of Building Officials (I.C.B.O.) Shop Qualifications
DELIVERY, STORAGE AND HANDLING
A. Contractor is responsible to fully understand site conditions and hindrances prior to delivery.
change orders will be allowed based on unknown or unforeseen conditions.
B. Store materials on wood skids. Cover with plastic.
C. Store materials within the footprint of the buildings to be erected.
D. Secure all materials and equipment. Owner will not be responsible for any losses.
No additional
1.07
DESIGN CRITERIA
A. Applicable Code: 1997 Uniform Building Code
B. Roof Loads: LL=30 psf
C. Wind Speed: 80 mph, Exposure C
D. Floor Loads: 125 psf
CONTRACT REQUIREMENTS
Page 1
E. Seismic Zone: 4
F. Occupancy Category: B-2
G. Construction Type: Type V Non Rated
PART 2 PRODUCTS
2.01 COMPONENTS
A. FRAME
Primary Structural Members: Shop primed with the following minimum yield strengths:
1. Main Beams 12" Jr. I-Beam
2. Type Standard Basement
3. X-Members Front and Rear
4. Outriggers 96" O.C. or as required
5. Hitch Detachable
6. Axles (1) Std Idler & (2) Brake, 8.00 New Tires
B. FLOOR
Joists
Decking
Finish 1
'Top Set Base
C. WALLS
Exterior
Wall Framing
Plates
Exterior Finish
Sheathing
Priming
Paint
Interior
Wall Framing
Interior Finish
D. INSULATION
Roof
Floor
Exterior Walls
Interior Walls
2x8 HF #2 or Better @ 16" O.C.
11/8" Plywood, T&G
1/8" Vinyl Composition Tile, (Armstrong)
4" Vinyl, (Burke or equal)
2 X 4 Hem Fir Stud Framing @16" o.c.
2 X 4 Hem Fir Double Top & Single Bottom
8" Hardboard Lap Siding Trim LP Sacomi-LAM 1"x3.5" @ Comers, Doors, & Windows
-1"x7.25" @ Module Line, Top & Bottom Bands
3/8" APA Rated @ Shear Walls
Priming to be done to all sides of exterior Siding and trim materials prior to painting
BODY -Triangle Coatings Ext. Grade or equal, (color by owner).
TRIM -Triangle Coatings Ext. Grade or equal, (color by owner).
Full Height 2 X 4 Hem Fir Studs @ 16" o~c.
W' Vinyl Covered Gypsum
R-30
R-18
R-18 Kraft Faced
R-11
E,
ROOF SYSTEM
Truss
Overhang
Rafters
Sheathing / Felt
Draft Stops
Gable Peak Roof w/minimum 2 V2:12 Roof Pitch w/Plywood Ridge-Beam w/Single
Support Post concealed in partition at module line
1 '0' Concealed Rafter Overhang on all four sides
2X6HemFir @ 16" O.C.
3/8" Structural 1 Plywood, covered by 30 LB, asphalt-felt conforming w/ASTM D226 or
D250, unperforated.
As required
CONTRACT REQUIREMENTS
Page 2
Ceiling Height
Ceiling
Roofing Shingles
Gutters
8' nominal
Room to Room T-Bar Ceiling, w/2 X 4 Lay-In Armstrong Acoustic Tiles 755B Fissured
Fiberglass shingles: Self-Sealing, Class A, with 5" exposure. Color to match existing
structure as close aS possible, installed to manufacturers specifications to meet warranty
standards
Provide Gutter and Downspout System for drainage
F,
DOORS / WINDOWS
Exterior Doors
Interior Doors
Exterior Window
Window Coverings
Shutters
FOUNDATION
6/0 X 6/8 Metal Clad VEV-221 In-swing, Drip Cap, & Closer, Lever Handle &
Deadbolts, (Schlage)
3/0 X 6/8 Solid Core Legacy w/Timely FrameW/Passage Lever, (Schlage)
N/A
N/A
(4 ca.) 1 '-6" x 0" x 1" Wood Shutters to match existing in design and function, (one 40'
side only). And (2 ca.) 1 '-6" x 7'-0" x 1" on each side of the double entrance doors
Permanent State Approved Foundation System required, (example: MattGuard, CP Seismic or equal - State
approved plans to be provided to owner along with submission of bid for review)
CAULKING & SEALING
Caulking - Comply with SWI's "Sealants: The Professionals' Guide." Provide Exterior and Interior Caulking and
Sealing of joints as required to seal the perimeters of all openings in walls and as required to weatherproof the
building
Exterior Sealant Polyurethane elastomeric sealant meeting Federal Specification TTS230, such as Vulkem
No, 116 Polyurethane Sealant
Interior Sealant Mildew resistant silicone robber sealant, such as GE' s, "Sanitary Sealant" or approved
equal
ELECTRICAL
Load Centers
Receptacles
Exterior Receptacles
Switches
Interior GFI Recepts
Computer Data/Comm
Interior Lights
Emergency Exit Lights
Exterior Lights
Raceway
120/220V., 1 Phase, 125 Amp, Exterior Panel, W/125 Amp Main Breaker,
125V, 15A, (per Code)
Exterior Grade GFI 15A, Weatherproof, (per Code)
125V, 15A, Toggle
Per Code
Voice/Data J-Boxes w/Empty Conduit provided 12'O.C. in open office areas
4 Tube, 2x4 "Recessed" Troffer Lights
As required by Code.
PL-5 W/Screw h Cylinder Globe
EMT Conduit W/# 1 2 THHN Minimum
PLUMBING
N/A
MECHANICAL SYSTEM
HVA C Units
Mount
Ducting
Grilles
Supply
Remm
T-Stat
4-Ton Heat Pump Units W/Heat Strip.
End-Wall
Insulated Fiberglass Supply Ducting w/Direct Remm
24 X 24 4-Way W/Dampers
End-Wall
Standard, Programmable, (White Rogers or Equal)
L. CONNECTIONS:
CONTRACT REQUIREMENTS
Page 3
1. Primary Bolted Connections:. Zinc chromate dipped high strength bolts and nuts conforming to ASTM A-325.
2. Secondary Bolted Connections: Zinc chromate dipped machine bolts conforming to ASTM A-307.
3. Shop Welding: Per AWS "Structural Wedding Code"
A. Flashing, Trim, Gutters, Downspouts and Closures: Min. 26 ga., prefmished/painted galvanized sheet metal.
Color: To be selected by Owner.
B. Fasteners: Hex head, #12 self tapping, carbon steel screws, painted to match adjacent panel. Provide neoprene
washers at roof panels.
C. Sealants: Manufacturers standard preformed butyl rubber compound.
2:01 FABRICATION
A. All work shall conform to the conventional flaming provisions contained within the 1998 California Building
Code for fabrication of wood frame buildings.
B. All surfaces to be welded shall be free of loose scale, slag, grease or other foreign material. Welders shall be
qualified by tests prescribed within the AWS "Standard Qualifications Procedures". Welding will be subject to
UBC required special inspection unless fabficator is ICBO qualified/approved.
C. Galvanizing shall comply with ASTM-525 for hot dip galvanizing, .85 mil thickness.
PART 3 EXECUTION
3.01 ERECTION
A. Perform erection with qualified erector approved by the building manufacturer.
B. Align work plumb, tree and level.
C. Provide temporary bracing during the erection process. Leave in place until structure is able to withstand any
load subjected to it:
D. If Special Inspection is required, notify Inspection agency 24 hours prior for scheduling.
3.02 BOLTING
A. Coordinate high strength bolting with Inspection agency. Notify Inspection agency 24 hours prior for
scheduling. Schedule operations to minimize number of inspections.
3.03 FINISHING
3.04
3.05
A. Finish all exposed work neatly. Smooth all sharp comers and edges that marred, cut, chipped or ragged.
B. Touch up bare wood with primer and fmish paint to match final color.
CLEANUP
A. Remove all debris, scraps, and excess material from the jobsite. Do not dispose of in City dumpsters. Broom
sweep the area in and around the structures prior to turning over to the City.
WARRANTY
A. ALL MATERIALS AND LABOR TO BE GUARANTEED FOR ONE YEAR FROM THE DATE OF
PURCHASE AGAINST MANUFACTURES DEFECTS AND WORKMANSHIP
B. ROOF IS TO BE WARRANTIED FOR A PERIOD OF 5 YEARS FROM THE DATE OF INSTALLATION
FOR ALL MATERIALS AND WORKMANSHIP, (DOES NOT COVER OWNERS NEGLIGENCE)
C. AFTER THE INITIAL INSTALLATION OF THE EQUIPMENT, A WALK-THROUGH WILL BE
SCHEDULED AND A PUNCHLIST WILL BE CREATED BY THE EQUIPMENT SUPPHER AND THE
OWNERS REPRESENTATIVE. THE EQUIPMENT SUPPLIER SHOULD ADDRESS ALL PUNCHLIST
CONTRACT REQUIREMENTS
Page 4
ITEMS IN A TIIMELY MANNER AND SCHEDULED WITH THE OWNER. A FINAL WALK-THROUGH
WILL THEN BE SCHEDULED AND MUST BE SIGNED OFF BY THE OWNERS REPRESENTATIVE
PRIOR TO FINAL ACCEPTANCE.
CONTRACT REQUIREMENTS
Page 5
CONTRACTUAL CLARIFICATIONS
City of Dublin, California
Acceptance of the GECMS Quotation and Proposal and the submission of our bid
bond are contingent upon the execution and incorporation of this document into
any resultant Agreement. In the event of a conflict, the contents of the GECMS
Proposal and this document shall supersede any and all other documents.
GECMS will provide all permits necessary for the manufacture and delivery of
the module(s) to the site. The Customer shall be responsible for the payment and
provision of all other permits pertaining to the building, installation,' site work and
occupancy.
The GECMS delivery of the equipment described in this proposal is subject to
delays in manufacture or delivery due to fire, flood, windstorm, riot, civil
disobedience, strike, Act of God, or any other circumstances beyond GECMS's or
its privities' control which shall prevent the manufacture of equipment or the
making of deliveries in the normal course of business.
This proposal is based on GECMS providing a building which meets or exceeds
the requirements of the State of California commercial coach licensing
requirements. The quality of the work performed shall be subject to the
Specifications, Section 00800 included with the project bid documents. However,
materials used in performance of the work shall be governed by the GECMS
specifications submitted with the GECMS proposal concerning the work, subject
to the letter dated June 26, 2001 from Herma Lichtenstein. Such June 26, 2001
letter is attached as Exhibit A to this document and made a part hereof.
The definitive project completion schedule shall be mutually negotiated and
agreed to by the parties upon award.
The pricing provided herein shall be valid for 60 days from the date of bid.
GECMS shall not be responsible for any and all environmental and/or subsurface
conditions in, on, or around the project site, except to the extent such conditions
are caused by GECMS or its privities.
The pricing provided herein is based upon the use of union set-up labor at
prevailing wage and GECMS expressly agrees. to comply with all applicable
requirements of the Califomia Labor Code and to indemnify, hold harmless and
defend the Customer for any liability of any nature that results from a failure by
GECMS or its privities to comply with applicable Califomia Labor Code
requirements.
GECMS or its privities to comply with applicable Califomia Labor Code
requirements.
Payment Terms: 90% due and payable at substantial completion of GECMS
Scope of Work. Balance due and payable upon verification by the Customer of
satisfactory completion of the work, including punch-list work, if any.
10.
For the purposes of acceptance, the Customer shall inspect the equipment within
72 hours following the substantial completion of the GECMS scope of work, and
shall provide GECMS notice of defects in, or other proper objections to, the
equipment. Such inspection and acceptance must take place prior to any
beneficial occupancy of the equipment. GECMS reserves the right to correct such
deficiencies within a reasonable time period. So long as GECMS corrects any
such deficiencies within a reasonable time in accordance with this provision, the
Customer shall not proceed with corrections without the prior written approval of
GECMS. Should the Customer fail to notify GECMS of defects within the
required 72 hour period, it shall be presumed that the Customer has inspected the
equipment and it is in good condition and is deemed acceptable to the Customer.
However, nothing in this provision or in these contractual clarifications shall
affect or limit the Customer's rights under the maintenance bond executed
pursuant to the contract documents.
11.
The Customer does hereby expressly waive any and all claims and demands for
loss of profits or other alleged consequential, incidental or punitive damages
arising out of or in connection with this Agreement.
12.
GECMS will famish an insurance certificate evidencing statutory workman's
compensation that satisfies all applicable California Labor Code requirements and
occurrence-type Commercial General Liability and Auto Liability insurance with
combined single limits of $2,500,000 each to be effective while GECMS is
working on the project site. The Customer shall be named on the Certificate as
additional insured with respect to liability coverage(s) only. The builder's
Risk/All Risk coverage to be 'provided by GECMS will name GECMS as the sole
insured. However, copies of polices, endorsements and/or waivers of subrogation
are not available. GECMS's Commercial General Liability insurance carrier shall
carry an A.M. Best rating of A- and GECMS's Automobile Liability insurance
carrier shall carry an A.M. Best rating of B++.
¸13.
GECMS will indemnify the Customer against loss, cost, expense or liability to the
extent that the cause or causes of such loss, cost, expense or liability results from
the fault or negligence of GECMS.
14. The Customer shall be responsible for site security.
16.
GECMS reserves the right to review any terms and conditions that are in addition
to or differ from those contained in the bid package, prior to acceptance of award.
17.
The award of contract is deemed as the GECMS right to subcontract within its
normal vendor pool.
18.
GECMS will warrant defects in material and workmanship for a period of one
year from acceptance of the work in accordance with the project contract and pass
on all manufacturer's component warranties that may be available. The
Customer's sole and exclusive remedy under this provision is the repair, or at
GECMS's option, the replacement of the equipment or rework of the services as
applicable, with all such rework to be performed by GECMS or its designated
subcontractor.
19. Should the Customer terminate the contract prior to the completion of the work,
then the Customer shall reimburse GECMS for all costs incurred for work
performed and non-cancelable commitments in accordance with the project
contract prior to such termination+l 5%.
J:\wpdNATTYXEwd~EHS\114\OTHER~2001XHeritageCenterStorageBldgContract.mod.doc
CITY OF DUBLIN
100 Civic Plaza, Dublin, California 94568
Website: http://www.ci.dublin.ca.us
June28,2001
Mike Eggeft
GE Capital Modular
21201 Cabot Btvd.
Hayward, CA 94545
Dear Mike,
Pursuant to our phone conversation on June 26, 2001 regarding your request for substitution on
the Heritage Center Storage Building, the City agrees to your request as the items are an "or
equal" or better.
As we discussed, the majority of items listed as your "specifications" are identical to the City'S
requirements. The exceptions are as follows:
The building code design requirements will match the standard coach licensing
requirements based on the 1991 UBC. This applies to the modular building. The
maintenance ramp will meet approval of the City Inspector.
The coach can be delivered with a two-axel configuration in lieu of the three-axel
required in the original spec, The original requirement was based on a longer building
module.
3. Factory standard paint, body and trim, is acceptable. Color to match existing building.
4. 2" x 4" balloon wall is acceptable to accommodate HVAC requirements.
5. 3" in 12" pinch roof in lieu of a 2 V2" in 12" pitch is acceptable and preferred.
6' x 6'-8' out-swing door in lieu of an in-swing door is acceptable. GECMS will need to
provide for a swing opening that allows the doors to be fully open.
7. Panel profiles do not need to be submitted as part of the Shop drawings.
Per our conversation, GECMS does not have to provide traffic control plans. However,
GECMS will give the City of Dublin one week' s notice prior to delivery and inform the
City at that time should any lane closures or traffic control be anticipated.
9. Warranty issues are delineated in the contract clarifications.
Area Code (925) · City Manager 833-6650 . City Council 833-6650 · Personnel 833-6605 - Economic Development 833-6650
Finance 833-6640 · Public Works/Engineering 833-6630 . Parks & Community Services 833.6645 . Police 833-6670
Planning/Ccide Enforcement 833-6610 · Building Inspection 833-6620 · Fire Prevention Bureau 833-6606
Printed on Recycled Paper
'10.
In the event of a conflict in materials the GECMS standard specification will take
precedence. However, if the conflict is deemed to be a life safety issue or if the item
specified does not meet minimum industry standards for modular building construction
the City reserves the right to require GECMS to comply with the City Inspectors
recommendations.
The above items are agreed upon by signature .of this letter
City of Dublin
Parks and Facilities Development Manager
Date
GE Capital Modular Space, a division Of Transport International Pool, Inc.
Name and Title:
Date
RESOLUTION NO. - O1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING CONTRACT NO. 01-07
DUBLIN HERITAGE CENTER STORAGE BUILDING
TO GE CAPITAL MODULAR SPACE
WHEREAS, the City of Dublin did, on April 5, 2001, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 01-07,
which Plans and Specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and
WHEREAS, the sole bid received from GE Capital Modular Space, included a one-page document
entitled "Contractual Clari~cations";.and
WHEREAS, it was determined that the "Contractual Clarifications" were substantive
modifications of the project specifications; and
WHEREAS, because of this, the City Council rejected the bid from GE Capital Modular Space as
it was determined to be non-reSponsive; and
WHEREAS, the City Council authorized a negotiation with GE Capital Modular Space according to
Public Contract Code Section 20166; and
WHEREAS, a contract for the work described in the approved Plans and Specifications for
Contract No. 01-07, including the contractual clarifications proposed by GE Capital Modular Space, was
negotiated by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
award Contract No. 01-07 to GE Capital Modular Space at a base bid of Fifty Seven Thousand Five
Hundred and Twenty dollars and no cents ($57,520) the particulars of which bid are on file in the office of
the City Engineer.
PASSED, APPROVED AND ADOPTED this 3rd day of July, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
ATTACHMENT 2
H:\Herma\Council Statementsh'eso-hc storage bldg.doc
CITY OF DUBLIN
BUDGET CHANGE FORM
New Appropriations (City Council Approval Required):
From Unappropriated Reserves
(If Other than General Fund, Fund No -
From New Revenues
;DECREASE BUDGET ACCOUNT'
Name:
:M~tOUNT
Budget Transfers:
CHANGE FORM #
X From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
: INCRI~2ASE B[jDGET~:A(.':COUN'.I' ' '.(' · AMOI.~i~T
Name: Inspection $2,000
Account #:
Name:
Account #:
Name:
Account #: 95501.001.740.079
Name: Engr - Design
Account #: 95501.001,740.078
Name: Improvements
$3,000
$8,000
Account #: Account #: 95501.001,750.050
Name: Name:
Account #: Account #:
City Manager: Date:
Signature
ASD/Fin Mgr Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: The Heritage Center Storage Building project was scheduled
to begin during Fiscal Year 2000-2001 but was delayed to Fiscal Year 2001-2002. A budget change is needed
to increase the Fiscal Year 2001-2002 budget by the amount of the unspent budget in Fiscal Year 2000-2001.
Mayor: Date:
Signature
Posted By: Date:
Signature
ATTACHMENT 3