HomeMy WebLinkAboutReso 62-05 SrCenterFurniture
RESOLUTION NO. 62 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
. * * * * * * * * *
A W ARDTNG CONTRACT NO. 05-04
SENIOR CENTER FURNITURE
TO ONE WORK PLACE.
WHEREAS, the City of Dublin did, on AprilS, 2005, publicly open, examine and declare all
sealed bids for doing the work described in the approved Plans and Specifications for Contract No. 05-04,
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, said bids were submitted to the City Clerk, and the bids were reviewed to determine
the lowest bid which was responsive to the requirements of the bid documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby award Contract No. 05-04, attached hereto as Exhibit A, to the lowest responsible bidder
therefor, to wit, One Work Place, at a base bid of One Hundred Eighty Four Thousand Nine Hundred
Thirty Four dollars ($184,934) the particulars of which bid are on file in the office of the City Engineer.
PASSED, APPROVED AND ADOPTED, this 19th day of April, 2005,
AYES: Councilmerobers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
AT~~~
Deputy City Clerk
G:\ÇÇ-MTGS\200S-qtr2\Apr\04-19"()5\Resc (¡2-O:5 Sr Ctr Furniture,doc (Item 4.4)
CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
AGREEMENT
The City of Dublin, ("City") enters into this agreement, dated for reference purposes only, with One Work Place I L Ferrari
("Contractor").
BACKGROUND
I, NOncE INVITING BroS, The City gave notice inviting bids to be subrnined by April I, 2005 at 2:00 PM for the
Dublin Senior Center Furniture project by published notice and/or posting in accordance with California Public
Contract Code Section 20 164 and other applicable law.
2. BID OPENING. On April 5, 2005 City representatives opened the bids for the Dublin Library Furniture project and
read the bids aloud,
3, PROJECT AWARD. On April 18, 2005 the City Council.warded the Dublin Senior Center Furniture Project to
the Contractor and di1ected City staff to send the Contractor written notice ofaward of the project. The City
Council conditioned award of the project on the Contractor's providing executed copies of al1 documcnts specified
in the contract check list included in the bid package within 10 (Ten) Working days ofreceiving written notice of
award of the project.
4. REOUIRED DOCUMENTS, The Contractor has provided the City executed copies of all doc=nts specified in
the contract and included in the bid package within 5 (Five) Working days of receiving writt"" notice of award,
AGREEMENT TERMS
The City and the Contractor agree as follows:
I. THE WORK, The Contractor shall furnish all equipment, to01s, apparatu.., facilities, material labor, and skill
necessary to perform and complete in a good and workmanlike mannor tho Dub1in Senior Center Furniture project
("Work") as shown in the Technical Specifications and Project P1ans in accordance with the Contract Documents
and applicable law,
2. LOCA nON OF WORK,
The Work will be performed at the following location: 7600 Amador Valley Plaza, Dublin Senior Ccntet
3. TIME FOR COMPLETION, 11]e Contractor must complete the Work;n accordance with the Contract Documents
within Eighty (90) working days from the date specified in the City's Notice to Proceed ("Time for Completion").
4, REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fail. to fullyperform the
Work in accordance with the Contract Docurnents within the Time for Completion, as such time may be amended by
change order or other modification to this agreement in accordance with its terms, and/or if the Contractor fails, by
the Time for Completion, to fully perform all of the Contractor's obligations under this agre=nt that have accrued
by the Tîn1e for Completion, the Contractor shall become liable to the City for all resu]ting loss and damage in
accordance with the Contract Documents and applicable law. The City's remedies for the Contractor's fa;1urc to
perform include, but are not lirnited to, assessment of liquidated damages of $1 000 per day in accordance with
California Government Code Section 53069,85 and the Contract Documents, and/or obtaining or providing for
substitute performance in accordance with the Contract Documents,
5, CONTRACT PRlCE AND PAYMENT. As full compensation in consideration of completion of the Work in
accordance with the Contract Documents and in consideration of the fulfillment of an of the Contractor's obligations
under the Contract Documents, thc City will pay the Contractor in lawful moncy of thc Unitcd States the total price
of $184,933.66 (the "Contract Price") as specified in the Contractor's completed Bid Schedule dated AprilS, 2005
and attached to and incorporated in this agreement. Payment to the Contractor under this agreement will be for
Work actual1y performed in accordance with the Contract Documents and will be made in accordance with the
requirements of the Contract Documents and applicable law. The city wil1 have no obligation to pay the Contractor
any amount in excess of the Contract Price unless this agreement is ftrst modifted in accordancc with its terms. The
City's obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may
apply to the Contractor under this agreement, Such charges include, but are not lirnited to, charges for liquidated
damages and/or substitute perfonnance in accordance with the Contract Documents,
6, PREVAILING WAGES, In accotdance with California Labor Code Section 1771, not less than the general
prevailing rate of pcr diem wages for work of a similar character in the locality in which the Work is to be
porformed, and not less than the general prevailing ratc of pcr diem wages for holiday and overtinle work fixcd as
provided in the Califomia Labor Code must be paid to all workers engaged in performing the Work. In accordance
with California Labor Code Section 1770 and fol1owing, the Director of Industrial Relations has detewùncd the
general prevailing wage per diem rates for the locality in which the Work is to be performed, In accordance with
California Labot Code Section 1773, the City has obtained the general prevailing rate of per diem wagcs and the
general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft,
classification or type of worker needed to perform thc project. In accordance with California Labor Codc Scetion
1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be
made available on request. Throughout the perfonnance of the Work the Contractor must comply with all
provisions of the Contract Documcnts and all applicable laws and regulations that apply to wages earned in
performance of the Work.
7. TIlE CONTRACT DOCUMENTS, This agreement consists of the following documents ("Contract Documents"),
all of which are incorporated into and made a part of this agreement as if set forth in ful1, In the event of a conflict
between or among the Contract Documents, ptecedence will be in the following order:
7,1 TIlls agreement and change orders and other amendments to this agreement signed by authorized
representatives of the City and the Contractor.
7,2 The General Conditions and change orders and other amendments to the General Conditions signed by
authorized representatives of the City and the Contractor.
7.3 The Technical Specifications, addenda to the Technical Specifications signed by authorized representatives
of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by
anthorized City representatives prior to bid opening, and change orders and other amendments to the
Technical Specifications signed by authorized representatives of the City and the Contractor,
7.4 The Project Plans, addenda to the Project Plans signcd by authorized representatives of the City and issued
prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City
representatives prior to bid opening, and change orders and other amendments to the Project Plans signed
by authorized representatives of the City and the Contractor.
7.5 Notice Inviting Bids
7,6 Instructions to Bidders
7,7 The successfnl biddet's completed Bid Schedule
7,8 The successful bidder's completed Contractor License Infonnation
7,9 The successful bidder's completed Workers Compensation Insurance Certification
7,10 The successful bidder's completed Certificates ofInsurance and Endorsements
7,11 The successful bidder's executed Performance Bond
7,12 The successful bidder's executed Payment Bond
7,13 The Maintenance Bond form included in the bid package that the Contractor nmst execute prior to release
offmal payment under the Contract
7,14 The successful bidder's Refcronce Statement
8. INTERPRETATION OF CONTRACT DOCUMENTS, Any question concerning the intent or meaning of any
ptovision of the Coutract Documents, including, but not limited to, the Technical Specifications or Project Plans,
must be subrnitted to the Project Managor fot issnance of an interpretation and/or decision by the authorized City
reptesentative in accordance with the requirements of the Contract Documents, haterpretations or decisions by any
other person concerning the Contract Documents will not he binding On the City.
9. ASSIGNMENT PROHIBITED, The Contractor may not assign part or all of this agreement, or any moneys due or
to become under this agreement, or any other right or interest of the Contractor under this agreement, or delegate
any obligation or duty of the Contractor under this agreement without the prior written approval of an official
authorized to bind the City and an authorized representative of Contractor's surety or suTcties. Any such purportcd
assigmnent or delegation without such written approval on behalf of the City and the Contractor's sureties wi!1 be
void and a material breach of this agreement subject to an available remedies under this agrccment and at law and
equity,
10. CERTIFICATION CONTRACTOR'S LICENSE. By signing this Agreement the Contractor certifies that the
Contractor holds a valid Type C license issued by the California State Contractors Licensing Board, and that the
Contractor understands that failure to maintain its license in good standing throughout the performance of thc Work
may result in discipline and/or other penalties pursuant to the California Busincss and Professions Code, and may
constitutc a material breach of this agreement subjcct to all available remedies under this agreement and at law and
equity,
11. AUTHORIZATION TO EXECUTE AGREEMENT. If the Contractor is a corporation, a certified copy of the by
laws authorizing the official signing below to execute this agreement and the bonds rcquired pursuant to this
agreement on behalf of the corporation must be annexed to and is hereby made a part of this agreement. An attested
copy of the resolution or other authorization of the City Council authorizing execution of this agreement on behalf
of the City is anncxed to and is hereby made a part of this agteement.
12. SEVERABILITY. If any term or provision or portion ofa termor provision of this Agreement is decJared invalid or
unenforceable by any court oflawful jurisdiction, then the remaining terms and provisions or portions of terms or
provisions will not be affected thereby and will remain in full force and effect,
Execntedon A~~,i.. \( ,")...00(' ,by
CONTRACTOR CITY
Orlf... \,.IPíl-\,{¡l"'~ L,
BY:-'~
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rtl'lj\.I1í!., Ll<.
,
City of Dublin,
Title: E '1-\~Cv1 \ v'~ ù1í1& (í"Ï'-
Teqt['lol.wl '¡-1l"JII./fo.(J" IVY' I':',
By:
[Attach Notary Page]
Attest, ~
B:~uA^- f\!-........
City Clerk
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Approved as to Form:
1fdd- 2( ~L
City Attorney
ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of _¿1M ~
On /7,1A-</ IS". ZolJI" before me,
~ (DAITI
personally appeared ,fp¡¿/ .J: J'hlrL
}ss.
flho/dnf:T. 6"-$1
, (NOTARY)
,
SIONER(S)
~persona1Jy known to me
- OR-
o proved to me on the basis of satisfactory
evidence to be the perwn(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that be/sbe/tbey executed
the same to his/her/their authorized
capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
,
/
~~ MARGARET J. BEST ~
~ Clltllm.,m1109 ,.
IIMAAI f'IHI!J:-CAUFOftNIA .,
hItI Clart """I
~I C_,EI II'" :'1,,20011
WITNESS my hand and official seal.
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OPTIONAL INFORMATION
The information below is not required by law_ However, it could prevent fraudulent attachment of this acknowlu
edgmenl to an unauthorized docum.ent.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE or DOCUMENT
Trìl.F.í~)
o PARTNER(S)
o AITORNEY-IN-FACT
o TRŒTEE(S)
o GUARDIAN/CONSERVATOR
o UfHER:
NUMBER OF PAGES
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DATE OF DOCUMENT
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SUJNI!R IS REPRESENTING:
NAME or PERSON(S) OR ENlrrY{JI::S)
APA.\J99
VALLEY-SIERRA, Roo-362-33M
CITY OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
GENERAL CONDITIONS
1. DEFINITIONS:
The following terms as uscd in any agreement of which these General Conditions are a part are defined as follows:
1.1 Agreement: The agreement between the Owner and Contractor concerning the Project, as evidenced by and
coroprised of the Contract Documents.
1.2 Architect or Engincer: The person or persons so specified on the title shcet of the Tecbnical Spccifications and/or
Project Plans,
1,3 Bid Package: All of the documents listed as comprising the encire Bid Package as specified in the Instrnctions to
Bidders and representing the full set of documents made available to bidders on the Project.
1.4 City: The City of Dublin,
1.5 Contract Documonts; All those documents listcd in the Project agreement as comprising the entire ah'Tcement
bctween the City and the Contractor.
1,6 Contractor: The successful bidder for the Project and party to the Project agreement with the City as specified in
tl1e Project agreement.
1,7 Days: Unless otherwise specified in the Contract Documents, days mean working days, and are not lirnited to the
hours between 7:00 a,m, and 3:30 P,UL
1.8 Ptoject: The Dublin Senior Center Fnmimre project as described in the Tecbnical Specifications and Project
Plans,
1.9 Project Manager: The City's authorized representative for administration and overall management ofthe Project
agreement and Work. The Project Manager is the official point of contact between the City, the Architect and/or
Engineer, and the Contractor,
1.10 Project Plans: The primarily graphic detailed requirements concernIng the Project contained in V olnme 3 of thc
Bid Package and any addenda to the Project Plans signcd by authorized City representatives and issued prior to bid
opening, Equal Product Ptoposals accepted by the City and signed by authorized City representatives prior to bid
opening, and change orders and other amendments to the Ptoject Plans signed by authorized representatives of the
City and the Contractor in accordance with the requirements of the Contract Documents.
1.11 Project Inspector: The party or psrties charged by thc City with inspecting the Work for compliance with thc
requirements of the Contract Documents and applicable laws and regulations, The Project Inspector acts under the
direction of the City and shall coordinate with the Project Manager and Arcintect as directed by the City in
accordance with the Contract Documents.
1.12 Subcontractor; A person, firm or corporation that is obligated as a party to a contract with the Contractor to
perform part of the Project work. For purposes of these General Condicions Subcontractors include, but are not
limited to, those that are obligated as parties to a contract with the Contractor to specially fabricate and install a
portion of the Project Work according to the Technical Specifications and/or Project Plans.
City of Dublin
General Conditions
1,13 Technical Specification" The detailed Project requirements contained in the Bid Package and any addenda to the
Technical Spccifications signed by authorized City representatives and issued prior to bid opening, Equal Product
Proposals accepted by the City and signed by authorized City reprcsentativcs prior to bid opening, and change
orders and other amendments to the Teclmical Specification. signed by authorized representatives ofthe City and
the Contractor in accordance with the requirements of the Contract Docum~nts.
1.14 Work: The furnishing of all equipment, tools, apparatus, facilities, material, labor and skill necessary to perform
and complete in a good and workman]jJœ manner the Project as shown in the Teclmical Specifications and Project
Plans in accordance with the Contract Documents and applicable law.
1.15 Written Notice: Will be deemed to have been duly served for purposes of these General Conditions and any
agreement of which they are a part if dclivered in person to the individual or to a membet oftbe firm or to any
office of the corporation for whom the notice is intended, or if sent by registered Or certified mail to the last known
business address known to the party giving notice. Unless othcrwisc specified in the Contract Documents, the last
known address of the Contractor shall be that listed in the contractor's completed Proposal Cover Page and Bid
Schcdu1c,
2. SCOPE OF WORK
2.1 Documents Furnished by City. The City will furnish to the Contractor, tTce of charge, one (I) set of reproducible
Ptoject Plans and five (5) sets of prints ofthe Project Plans and Tcchnical Specifications for execution of the
Work. 'throughout the performance of the Work the Contractor shall keep one copy of the Ptoject Plans and
Technical Specifications in good order and available for review by the Project Manager, the Engineer, the
Architect, and any other City contractors or representatives,
2,2 Ownership ofDocnments Furnished by City, An document.< furnished by the City, including, but not limited to
the Teclmical Specifwations, Project Plans, and any copies, the property oftbe City. Documents furnished by the
City may not to be used on any other work. AU documents furnishcd by the City must be returned to City upon
completion of the Work.
2:3 Technical Specifications and Project Plans,
2.3,1 The Technical Specifications and Project Plans are complementary and intended to mutually describe the
Work nccessary to complete the Project in accordance with the Contract Documents.
2,3.2 In genera1, the Project Plans indicate dimensions, position and kind of construction, and the Tcchnical
Specifications indicate qualities and methods, Any Work indicated on the Project Plans and not
mentioncd in the Technical Specifications or vice versa must be furnished as though fu1ly sot forth in
both. Work that is not particularly detailed, marked or specified shaH be the same as similar Work that is
detailed, marked or specified. The Contractor must furnish items necessary for thc operation of
cquipment depicted in the Project Plans or specified in the Technical Specifications that arc suitable to
allow such equipment to function properly at no cxtra charge,
2,3,3 The Contractor must notify the Project Manager and the Architect as soon as possible of any apparent
errors or inconsistencies, including, but not limited to, typographical or notational errors in the Project
Plans, Teclmical Specifications, and/or in work done by others affecting the Work. Tbe Project Manager
will issue instructions concerning any such apparent errors or inconsistenÖes, If the Contractor proceeds
with Work irnpacted by apparent errors or inconsistencies without instructions from the Project Manager,
the Contractor shall have all of the obligations and the City shall havc all ofthc rights and remedies
specified in provision 11.1,2 concerning any resulting darnagc or defect.
2.3.4 The General Conditions apply with equal force to an of the Work, including extra work authorized by the
Project ManagC! in accordance with the Contract Documents. Thc Contractor must submit any required
shop disgrams and/or drawings by the times and in the quantities indicated in tbe Technical
SpccitÏcations, Any such shop diagrams and/or drawings must show completely the Work to be done,
City of Dublin
General Conditions
2
expanding on the Project Plans concerning details not previously shown, ñeldconditions and the
condition of tho Work. Architect review of such shop diagrams and/or drawings will concern
conformance with the requirements of the Contract Documents only, The Architect assumes no
responsibility for the correctness or accuracy ofthe dimensions or any othet contents of any shop
diagrams and/or drawings submitted by tbe Contractor, The Contractor ImIst check all dimensions at thc
Work site, Shop diagrams and/or drawings must be clearly marked with the name ofthe Project and the
name of the Contractor, subcontractor or supplier making the subrnittal, and must be stamped and signed
by the Contractor and submittcd undor a signed transrnittalletter from the Contractor certifying that all
dimensions have been checked at thc Work sito. These requirements are mandatory, The Architect will
not review sbop dia!,'rams and/or drawings that do not satisfy these requirements. The Contractor will be
responsible for any and all discrepancies between dimensions of the actual Project site and/or Work and
those shown on shop diagram and/or drawings subrnittcd by thc Contractor, and for any other errors
contained in or resulting from such shop diagrams and/or drawings, including, but not lirnited to, errors
in material and/or equipment quantities aud any resulting crrors, delays or additional cost in the
performance ofthe Work. The Contractor will have all of the obligations and the City will have all ofthc
rights and remcdics that are specified in provision 11.1,2 concerning any discrepancies or crrorS in shop
diagraInS and/or drawings subrnined by the Contractor, and concerning any resulting errors, delays or
additional costs in the performance of the Work.
3, CONTROL OF WORK AND MATERIAL
3,1 Project Manager's Status. The Manager will administer the Projcct in accordance with the Contract Documents,
After execution of the agreement and issuance of the Notico to Proceed, all correspondence and/or instructions
concerning the Project between the Contractor and/or City shall be forwarded through the Project Manager.
Except as otherwise provided in thc Contract Documents, the Project Manager will not be responsib1c for and will
not have control or charge of construction means, methods, techniques, or procedures or for safety precautions in
connection with the Work, The Project Manager, however, will have authority to reject materials and/or
workmanship that do not conform to the requirements of the Contract Docurnents, The Project Manage! will also
have the authority to require inspection or testing of the Work regardless of whether such Work is then fabricated,
installed or cumpletcd,
3.2 Architect or Enginccr's Status. 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 the interpretation of
the Contract Documents, The Architect will also advise the Project Mangcr concerning Work that does not
conform to. the Contract Documents_ WhBneVeI"? in the Architect's opinion! it is necessary or advis.able in
accordance with th.e Contract Documcnts, the Architect may recommend to the Project Manager inspection or
testing of the Work, whether or not such Work is then fabricated, installed or completed,
3.3 Inspection and Testing of Work and Material.
3,3, I The City, the Project Manager, the Architect and their representatives shall have access to the Work at all
timos whcrever it is in preparation or progress, The Contractor must provide propcr facilities for such
access and for inspection.
3,3'.2 The Contractor must inspect all materials as ddivcred and promptly return all defective materials without
waiting for their rejection by the Project Manager or Architect.
3,33 If the Project Manager, the Teclmical Specifications, or any laws, ordinances, or any public authority
roquiro any Work to be tested or approved, the Contractor lllUSt give the Project Manager timely notice of
the Contractor's readiness for inspection, Inspections will be promptly made, and whet< practicable, at
the source of supply, Any work subject to such testing that is covered up without timely notice to the
Project Manager or without tl1e approval or consent of tho Project Manager ImIst, if required by the
Project Manager, be uncovered for examination at the Contractor's expense. The Contractor win have all
of the obligations and the City win have an of the rights and remedies that are specified in provision
11.1.2 concerning any work subject to testing that is covered up without timely notice to thc Project
City of Dublin
General conditions
3
Manager and that is not uncovered for examination at the Contractor's Expense if required by the Project
Manager,
3.3.4 Tests of materials or qualification tests required by the Contract Documents must be made in accordance
with the Technical Specifications and 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 Technical Specifications.
3,3,5 The City or its representatives may order re-examination of questioned Work. If ordered to do so, the
Contractor mnst uncover such W otk, If such Work is found to be according to the Contract Documents,
the City shaU pay the cost ofuneovering and testoring the Work, unless such Work was subject to testing
and covered up without timely notice to or approval of the Project Manager. Ifre-exarnined Wotk is
found not in accotdance with the Contract Documents, the Contractor must pay the cost of uncovering
and restoring the Work. . The Contractor will have all of the obligations and the City will have all of the
rights and remedies that are specified in provision 11.1.2 concerning any re-examined Work not in
accordance with the Contract Documents that the Contractor fails to uncover and restore at th~
Contractor's expense.
3,3,6 The Contractor must replace or corr<ct without charge any matmal or workmanship found not to
confonn to the requirements of the Contract Documents, w1less the City consents to accept such material
or workmanship with an appropriate adjustment in the Contract Price, The Contractor must promptly
segregate and remove non-confonning material trom the Work site. The Contractor will have an of the
obligations and the City will have aU of the rights and remedies that are specified in provision II, I ,2
concenling aJ],y fai lUTe: by th~ Contractor to r~plac~ Or COrrcct 'Without charge: any material or
workmanship that does not confonn to the rcquirement< of thc Contract Documents and that the City has
not consented to accept.
3.4 Samples Furnished by the Contractor. The Contractor must furnish aU samples for approval as directed in
sufficient time to permit th~ Arc:::hitC!:ct to t:x.anrint. approv~ and select samples befort th~y are required by the:
progress of the Work. Portions of the Work for which samples arc requircd and for which the Architcct has
sd[!:cted samples must be in accordance: with such approved samples_ Samples must be sent prepaid to the: office::
of the Project Manager Or as the PTOj~ct Manager may direct.
3.5 Materials and Substitutions.
3,5, I Materials used for the Work must be new and of the quality specified. When not particularly specified,
materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory
evidence as to the kind and quality of materials.
3,5.2 If the Contractor submitted complete infonnation to the City Public Works Department for products
proposed as equals in accordance with the Bid Package, and the City approved such products proposed as
equals in writing, the Contractor may either furnish such products approved as. equals, or furnish the
products listed by manufacturer name, brand or mode! number in the Technical Specifications or Project
Plans. The City retains the right~ În Îts sol.c dÎScTctiQn~ to accc::pt or reject any other pfopose:d substitution.
To be considered, proposals concerning products proposed as equaJs must include sufficient iuformation
to permit the City to determine whether the product< proposed as equals wilt satisfy the same
performance requirements as products listed by manufacturer's name, brand or model number.. Such
perfonnance requirements may include, but are not limited to, size, strength, function, appearance, ease
ofmaintenauce and repair, and nsefullife requirements. If the City does not accept a proposed
substitution, the Contractor must furnish the product specified in the Technical Specifications or Project
Plans for the Contract Price, regardless of whether the product is specified by manufacturer's name,
brand or modd number or otherwise.
3.5,3. During the performance of the Work, all materials must be neatly stacked, properly protected from the
weather and other adverse impacts! and placed so as to avoid int~rf¡:rence with efficient progress of the!:
City of Dublin
General conditions
4
Work, with othcr activities of the City, or with the usc of cxisting City facilities by the pubJic, All
materials must be delivered so as to ensure efficjent and uninterrupted progress of the Work. Materials
must be stored so as to cause no obstruction and sO as to prevent overloading of any portion of the Work.
The Contractor will be responsible for damage or loss of materials delivcred to and/or stored at the Work
site due to weather or oth",. causes. "The ,Contractor must promptly remove from the Work site all
materials rejected by the City or its representatives 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 the City or its representstives so direct, the Contract.:!t must promptly replace and re-exccute Work
perfonned by the Contractor and order the replac=nt and re-execution of Work perfo=d by
subcootractors using non-conforming materials with materials that satisfy the reqnirements of the
Contract Documents witbout expcnsc to the Owner, The Contractor will bear the expense of making
good all Work destroyed or damagcd by such removal. The Contractor will have all of the obligations
and the City will have all of thc rights and remedies that are specified in provision 11.1.2 concenllng any
f.ilore by the Contractor to replace or re-execute Work using non-confonning materials, and/or to make
good all work destroyed or damaged by such removal and/or rexecution.
3,6 Audit and Exarnination of Records. The City may examine and audit at no additional cost to the. City all books,
estimat~s? records contracts, documents, bid documents, bid cost data, subcontract job cost reports and other
Project related data of the Contractor, subcontractors engaged in perfonnance 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 other materials conceming the
Work, including, but not lirnitcd to, Contractor daily logs, in order to evaluate the accuracy, completeness, and
currency of cost, pricing, schcduling and any other project related data. The Contractor wiil make available all
such Project related data at all reasonable times for examination, audit, or reproduction at tlle Contractor's
business office at or near the Work site, and at any other location where such Project related data may be kept until
three years after final paymcnt under the Agreement.
3.7 Advertising. No advertising si!,'ns of any kind may be displayed on thc Work site, or on fences, offices or
dscwhcre adjacent to the Work site,
4. CHANGES IN WORK
4, I City Directed Change Orders, The City may at any time during the ptogress of the Work direct any amendments
to the Work or any of the Contract Documents, including, without limitation the Technical Specifications, or
Project Plans, Such amendments will in no way void the .greement, but will be applied to amend the Contract
Price, if such amendments affect the Contract Price, the Project schedule, if such amendments affect the Project
schedule, or any othct provision of the Contract Documents based on a fair and reasonable valuation of the
amendment in accordance with this Section 4,
4,2 Writing Rcquirernent. Change orders and other amendments to the Technical Specifications, the Project Plans, or
other Contract Documents may be made only by a writing executed by authori,ed reprcsentatives of the City and
the Contractor,
4.3 Contractor Proposed Changc Orders, Unless the Project Manager otherwise authorizes or the City and thc
Contractor otherwise agrec, change order proposals submitted by thc Contractor must be subrnitted to the Project
Manager no later than the time of the proposed change,
4.4 All Change Orders, All change order proposals must be subrnitted on completed Change Order fonns provided in
the Contract Documents. All such change order proposals must itemize all cost impacts (both downward and
upward impacts) of the proposed change order and include a total price for tllat changc order and the amended
Contract Price that wonld become effective upon execution of the change order, All change order proposals must
specify any change in the Project schedule, or in any project rnilestone including, but not lirnited to, the Time for
Completion, under the change order, It is understood that change orders that do not specify a change in any
rnilestone, including, but not lintited the Time for Complction, may be accomplished by the Time fot Completion
then in effect.
City of Dublin
General Conditions
5
4.5 Change Order Pricing, Change order pricing will be govcroed by the following:
4,5.1 Unit prices specified in the Contract Documents will apply to cost impacts involving items for which the
Contract Documents specify unit prices,
4.5,2 Cost impacts involving items for which nO unit prices are specified will be calculated by adding the
itemized actual direct cost that would be added or reduced under the change order and an allowance for
indirect costs in accordance with this provision. Itemization for direct costs for required labor must
include the classificatioßs ofJabor required, the total hours required for each classification, the hourly
rate for each classification and other labor related costs snch as liability and workers compensation
jnsurance, social security~ retirement and unemployment insurance. All other cost impa.cts fOT which no
unit prices arc specified must be itemized as appropriate~ including th~ cost of power tools; vehicles~
phones and equipment, and the cost of all required materials or supplies. Indirect costs added under a
change order may not exceed an allowance of fifteen (15) percent of the total of combined Contractor
and subcontractor direct costs added under the change order. Such allowance coverS Contractor
overhead and profit undet the change order and in.cludes the cost of insurance in addition to that required
pursuant to Section _, bond premiums, superintendent labor~ c1crical1abor, home office expensest
Work site office expenses and utility costs under the change order, Such costs may not be itemized as
direct costs under a change order, Indirect costa deductod under a change order will be calculated in
exactly the same way as indirect costs added under a change order, except indirect costs deducted under a
change order may uot exceed an allowancc of seven and a half (7.5) percent of the total of combined
Contractor and subcoutractor direct costs deducted under the change order,
4.5 Liability Under Unapproved Change Orders, The Contractor shan bo solely responsible for any and all losses,
costs, or liabilities of any kind incurred by the Contractor. any subcontractor engaged in the perfonnance of the
Work, any party supplying material or equipment for the Work or any tllird party that ate incurred pnrsnant to
Contractor"proposed change orders prior to issuance of an approvcd change order executed in accordance with this
Section 4, The Contractor will have an ofthc obligations and the City will have all of the rights and remedies that
are specified in provision 11.1.2 conceming any work Or rcsulting losses, costs, or liabilities pursuant to a
Contractor proposed change order bcforc issuance of an approved change order executed in accordance with tbis
Section 4_
4.6 Changes Subject to Contract Documents. Any changes in tbe Work aod/or the Contract Docurnents pnrsuant to
change orders and any other amendments issued in accordance with the Contract Documents, including this
Section 4, will in all respects be subject to all provisions of the Contract Docurnents, including, but not lirnited to,
the Technical Specifications and the Project Plans, except as modified by such change orders or amendments,
4,7 Q>ange Order Disputes,
4.7, I Disputed City Directed Change Orders. Ifthe Contractor elisputos a City dÎ1cctcd change order following
a reasonable effort by the City and the Contractor to tesolve the dispute including, at a minimum, a
meeting between appropriate representatives of the Contractor and the City, the Contractor must
commence performing the Work consistent with the disputed change order within five (five) working
days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or
within the time specified in the disputed City directed change order, whichevcr is later, In perfotmiog
Work consistent with a disputed City-directed change order pursuant to this provision the Contractor will
have all of the Contractor's rights conceming claims pursuant to thc Contract Docurocnts and applicable
law,
4.7,2 Dispnted Contractor Proposed Change Orders, If the city disputes a Contractor proposed change otder,
the City and the Contractor will use reasonable measures to resolve the dispute including, at a minimum,
holding a meeting between appropriate representatives of the Contractor and the City, Regardless of and
throughout any such efforts to resolve the dispute the Contractor must continue performing the Work
irrcspectivc of and \II1TI1odified by the disputed change order. In continuing to perform the Work
City of Dublin
General Conditions
6
irrespective of and unJnodified by thc disputed Contractor-proposed change order pursuant to this
provision will Contractor retain all rights under contract or law pertaining to resolution of disputes and
protests between contracting parties. Disputes between the City and the Contractor conceming any
Contractor-proposed change order or other amendment do not excuse the Contractor's obligation to
pcrforrn the Work in accordance with the Contract Documents excluding such Contractor~proposed
change order or other amendment by the Time for Completion Or waive any other Project milestone or
other requirement of the Contract Documents excluding the Contractor-proposod change order or other
amendment.
5, TRENCHING AND UTILITIES
5.1 Utility Relocation Costs.
5,1.1 In accordance with Califomia Govennnent Code Section 4215, the City assumes the responsibility for
the timely removal, relocation or protection of existing main or trunkline utility facilities located on the
Work site if such utilities are not identified by the City in the Technical Specifications and/or Project
Plans, Thc City will comperu;ate the Contractor for the costs of locating, repairing damage not due to the
Contractor's failure to exercise reasonable care, and removing OT rdocating existing main or tnmkline
utility facilities located at the Work site and not identified witb reasonable accuracy in the Teclmical
Spccifications and/or Project Plans, The City will also compensate the, Contractor for the cost of
equipment on the Project necessarily idled during such work. TIle Contractor will not be assessed
Jiquidated damages for Work completion delays caused by the City's failure to provide for removal or
relocation of such main or trunkline utility facilities,
5,1,2 Nothing in this provision or the Contract Documents will be deemed to require the City to 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 faciJities, 'uch as buildings, meter and junction
boxes, on Ot adjacent to the Work site; provided, however, that nothing in this provision or the Contract
Documents shall relieve the City from identifying main or trunklines in the Teclmical Specifications
and/or Project Plans,
5.1.4. Nothing in this provision or tbe Contract DocUTIlents will preclude the City from pursuing any
appropriate remedy against the utility for delays, which are the resporu;ibility of the utility.
5.1,5 Nothing in this provision or the Contract Documents will be coru;trued to relieve the utility ti:omany
obligation as rcquired either by law or by contract to pay the cost of removaJ or relQcation of existing
utility facilitics,
5,1.6 rfthc Contractor while performing the Work discovers utility facilities not identified by the City in the
Technical Specifications and/or Project Plans, the Contractor must immediately notify the City and ntility
in writing.
5,1.7 Either the City or the utility, whichever owns existing main or trunkIine utility facilitics located on the
Work site, shall have sole discretion to effect repairs or relocation work Or to pennit the Contractor to
pcrfoml such repairs or relocation work at a reasonable price.
6, PROJECT F ACIUnES
6,1 Work Site Offices, Any Work ,ite office facilities uscd by the Contractor and/or its privities must conforrn to all
applicable codes, ordinances and rcgulations, The cost ofsnch Work site office facilities must be included in the
Contract Overhead Price (Rev. Section 4.5.2).
6,2 City Rights of Access and Ownership, The City and its authorized representatives will at all reasonable times
while such office facilities are located at the Work site (including, at a minimuII1, all times during which the Work
is performed), have access to any such Work site office facilities used by the Contractor and/or its privities_ With
City of Dublin
General Conditions
7
respect to the right of access of thö City and its authorized representatives! neither the ContractOT nor its privÎties
shall have a reasonable expectation of privacy pursuant to the Fourth Amendment to the Unites States Constitution
or other applicable law concerning snch Work site office facilities used by the Contractor and/or its privities,
Without ex.ception, any and aU Project related materials lo.cated at such Work site facilities will be deemed atall
times to be City property subject to inspection and copying by the City and its authorized representatives at all
reasonable times while such facilities are located at the Work site (in.cluding, at a rninimum, all times during which
the Work is perfonned), Any interference by the Contractor or its privities with the City's rights of access and/or
ownership pursuant to this Section 6 will constitute a material breach of the Agreement subject to any and all
remedies available pursuant to the Contract Documents and at law and eqnity,
7. PROSECUTION AND PROGRESS OF THE WORK
7, Liquidated Damages, Time is of the essence in the Agreement. The City and the Contractor agree that it will be
difficult and/or impossible to determine the actual damage which the city win sustain in the event of the
Contractor's failure to fully perform the Work or to funy perform an of the Contractor's obligations that have
accmcd pursuant to the Agreement by the Time for Completion. Accordingly, th.c City and the Contractor agree
in accordance with California Gove=cnt Code Section 53069.85 that the Contractor win forfeit and pay to the
City liquidatcd damages in thc sum of one thousand five hundred dollars ($1500,00) per day for each and every
calendat day complction of thc Work and/or performance of all of the Contractor's obligations that have accru<d
pursuant to the Agreement is delayed beyond the Time for Complction, The City and the Contractor further agree
in a.ccordance with California Government Code Section 53069,85 that the liquidated damages sum specified in
this provision is not manifestly unreasonable under th~ circumstances existing at the time the Agreement was
made, and that the City may deduct liquidated damages sums in accordance with this provision nom any payments
due or that may become due the Contractor under the Agreement.
7,2 No Damage for Delay Beyond City and Contractor Control. The Contractor will not be held rcsponsible for delays
in performance of the Work caused by delay beyond the control of both City and Contractor, such as by strikes,
lockouts, labor disturbances, lack or failure of transportation, or acts of other government entities, The City will
not be liable to the Contractor, any subcontractor or other entity 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 damagcs
arising out of or resulting from (i) delays beyond the conttol of the City and the Conttactor including but not
limited to fires, floods, epidernics, abnormal weather conditions, earthquakes and acts of God or acts or neglect by
utility O'\VD.en; or other contractors performing otherwork~ Dr (ii) delays caused by the City, its officials, officers,
employecs¡ agents, or volunteers¡ or delays causc:d by the Project Manager or the Architect, which delays are
reasonable under the circumstanc~s involved and/or are within the contemplation of the City aud the C...ontractor.
An exten';on of the Time for Performancc in an amount equal to the time loss due to such delay(s) will be the
Conttactot's sole and exclusive remedy for such delay(s)_
7,3 No Damage for Contractor Caused Delay. Contractor will be entitled to no compensation in cxceSS of the Conttact
Price, including, but not limited to, extended field or home office overhead, field supcrvision, costs of capital,
interest~ escalation charges~ acceleratÎon costs or other impacts for any delays to the extent such dclays are caused
by the failure of the Contractor or any subcontractot or other entity engaged in porformance 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 the City. However,
Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and
Contractor agree will be deemed for purposes of CalifornIa Public Contract Code Section 7102 either not caused
by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the
circumstances:
7.3,) Exercise of the City right to sequence the Work in a manner that would avoid disruption to the City and
other contractors based: on the failure of the Contractor or any subcontractor or other entity engaged in
the performance ofthe Work to perform the Work in accordance with the Contract Documents,
enforcement by the City or any other govannrental agency of competent jurisdiction of any government
act or regulstion, or enforcement by the City of any provisions of thc Agreement.
City of Dublin
General Conditions
8
1.3,2 Cbangcd site conditions that are beyond contemplation of City and the Contractor.
7,3.3 Requests for c1arification or information concerning the Contract Documents or proposed change orders
or modifications to the Contract Documents, inc1uding extensive and/or numerous such requests for
clarification or information or proposed change ordcrs or modifications, provided such clarifications or
information or proposed change orders or modifications are processed by the City or its repres.",tatives in
a reasonable time in accordance with the Contract Documents.
7.4 Weather Delays. Extensions of the Time for Completion will not be allowed for weather conditions that are
consistent with the following table of anticipated rain days based On historical weather data ofthe National
Ooeanographic and Atmosphcric Administration of the U.S. Departrn<nt ofComrnerce for the record station that is
nearest or most applicable to the Work site, Extensions ofthc TÎIne for Completion for delays due to adverse
weather win he a11owod only if the number of rain days cxceeds those listed in the foJlowing table and the
Contractor can verify to the City's reasonable satisfaction that such adverse weather caused actual delay in the
timely completion ofthc Work. No extensions of the Time for Completion will be granted for rain days in
addition to those listed in the fo11owing table that merely result in delays that do not or would not, themselves,
result in failure to completc the Work by the Time for Completion, Anticipated rain days 'are as follows: January,
[11]; February, [10]; March, [10]; April, [6]; May, [3]; June, [I]; July, [0]; August, [0]; S<ptember, [1]; October,
[4]; Novembor, [7]; December, [10).
7.4 Delay Claims, Whenever the Contractor claims a delay for which the Time for Completion may be extended, the
Contractor must request an extension of time within five days of the start of the delay, The request must be in
writing and describe in detail the cause for thc dc1ay,
7.5 Contractor Coordination of the Work.
7,5,1 The City reserves the right to do other work in connection with or in the vicinity of the Projcct by
contract or otherwise, and Contractor shall at a11 times conduct the Work so as to imposc no hardship on
thc City, others engaged in the Work or other cOntractors working at the Work site, The Contractor wi11
adjust, correct and coordinate the Work with the work of others so that no delays result in the Work or
other work at or near the Work sitc.
7,5.2 If any part ofthe Work depends for proper execution or results upon the work of the Owner or any other
contractor, the Contractor will, before proceeding with such Work, promptly report to thc City any
apparent discrepancics or defects in such other Work. Failure of the Contractor to promptly report any
apparent discrepancy or ddect wi11 be deemed an acceptance of the City's or other contractor's Wotk as
fit and proper to receive such part of the Work.
7,5,3 The Contractor will anticipate the relations of the various trades to progress of the Work and will ensure
that required anchorage or blocking is furnished and set at propet times, Anchorage and blocking
necessary for cach trade shall be part of the Work except where stated otherwise,
7,5.4 The Contractor will provide proper facilitios at all times foraccess of the City, the Project Manager,
Architect, and other authorized City representatives to conveniently examine and inspect the Work.
8. CONTRACTOR RESPONSIBILITIES
&, L Eligibility. By executing the Agreement, the Contractor certifies that the Contractor is not ineligible to perform
work on public works projects pursuant to California Labor Code Sections 1777,1 or 1777,7, In accordance with
California Public Contract Code Section 6109(a), contractors who are ineligible to perform work on public works
projects pursuant to California Labor Code Sections 1777,1 or 1777,7 may ncitherbid on, be awarded or perform
thc Work.
City of Dublin
Generol Conditions
9
8.2 Supervision of the Work. The Contractor will be solely responsiblc for the performance ofthe Work, including
portions of the Work to be porfotll1ed by subcontroctors, The Contractor is charged with ensuring that all orders
or instructions rrom the City, Project Manager or Architect are disseminated to and fol1owed by all subcontractors
engaged in performance of the Work, The ContractorwilJ supervise the Work using the Contractor's best skill
and attention. At any time during the progress of the Work and as specified, the City, the Project Manager, or the
Architect may require tbe Contractor and/or subcontractors cngaged in performance of the Work to attend a
Project Meeting and the Contractor will attend, and ensure the attendance of any subcontractors whose anendance
is required by the City andlor advisable in light of the matters to be addressed at the meeting,
8,3 Contractor's Supcrintendent. The Contractor wilJ keep on the Work, throughout its progress, a competent
superintendent and any necessary assistants, all satisfactory to the City, The supcrintendent may not be changed
without the consent of the City, The supcrintendent will represent the Contractor and all directions given to the
superintendcnt wilJ bind the Contractor. Superintendent time included in Contractor's Completed bid schedule
andlor in approved change orders, ifany, must be included in Contractor's approved overhead rate and may not be
charged as a din::c:t cost.
8.4 Compctent Employees, The Contractor must at all times enforce strict discipline and good order among the
Contractor's employees, and may not cmploy on the Work any unfit person or anyone not skilled in the Work
assigned, or anyone incompetent Or unfit for the duties of that person. When the City determines that a Contractor
employee does not satisfy the requirements of this provision, upon notice tram the City, the Contractor must
ensure that employee performs no further Work and is no longer present at the Work site, Any such Contractor
employee may not again be employed on the Work without City approval.
8,5 Items Necessary for Proper Complction of the Work. Except as otherwise noted in the Contract Documents, the
Contractor will provide and pay for alJ labor, materials, equipment, pennits, fees, licenses, facilities and services
necessary fot the proper execotion and timcly completion of the Work in accordance with the Contract
Documents.
8,6 Construction Reports. The Contractor must make daily construction reports on the fomls included in the Contract
Documents. Daily construction reports must be subrnined to the Project Manager on a weekly basis.
8.7 Subcontracting,
8,7,1 By executing the Agreement, the Contractor certifies that no subcontractor included on the list of
proposed subcontractors submitted with the Contractor's bid is ineligiblc to perfoTll1 work on public
works projects pursuant to California Labor Code Sections 1777, I or 1777,7, In accordance with
California Public Contract Code Section 6109(a), subcontractors who are ineligible to perform work on
public works projects pursuant to California Labor Code Sections 1777.1 or 1777,7 may neither bid on,
be awarded or perfoTll1 as a subcontractor on the Work, In accordance with California Public Contract
Code Section 61 09(b), any contract on a public works project cntcred into between a contractor and a
debarred subcontractor is void as a matter of law. The: Contractor will ensure that no debarred
subcontractor receives any public I110ney for performing the Work, and any public moncy that may have
been paid to a debarred subcontractor for the Work is returned to th.e City, The Contractor will be
responsib1c for payment of wages to workers of a debarred subcontractor who as been allowed to
perfoTll1 the Work,
8,7,2 The Agreement and the performance of the Work are subjeet to the requirements ofthe Subletting and
Subcontracting Fair Practices Act codified at Califomia Public Contract Code Section 4100 and
following, lfthe Contractor fails to specify a subcontractor Or specifies more than one subcontractor for
the same portion of the Work in excess ofone-llalfof 1 percent of the Contractor's toml bid, the
Contractor agree. that the Contractor is fully qualified to perform that portion of the Work with the
Contractor's own forces, .nd that the Contractor will perfotnJ that portion of the Work with the
Contractor's own forces, If after award of the Agreement the Contractor subcontracts, except as
provided for in Califomia Public Contract Code Sections 4107 or 4109, any such portion of the Work,
the Contractor will be subject to the penalties named in California Public Contract Code Sections 4110
City of Dublin
General Conditions
10
and 4111, including cancel1ation of the Agreement, asscssment ofa penalty of up to 10 perccnt of the
amount of the snbcontract, and disciplinary actioo by the Contractors State License Board,
8,7.3. No contractual rclationship exists betwccn the City and any subcontractor engaged in performancc of the
Work.
8,7.4 Incorporation of Contract Documents, The Contractor must incorporate the Contract Documents in each
contract with a .ubcontractor engaged in the performance of the Work. Failure of the Contractor to
provide adequate or accurate project information to a subcontractor which results in improper submittals,
work, or time impacts is the sole responsibility of the contractor and no additional compensation will be
made as a result.
8,7,5 Coordination of Subcontract Work: The Contractor is responsible for scheduling thc Work of
subcontractors so as to avoid delay or injury to either Work or materials.
8.8 Insurance:.
8,8, I The Contractor may not connnence performance of the Work until the Contractot has obtained, provided
certificates of insurance and endorsemcnts evidencing, and received approval by the City for an
insurance coverage required under this Section, nor may the Contractor permit any subcontractor to
commence the Work until all insurance required of the subcontractor has been obtained, All required
insurance shall be provided in the fOTITl of "occurrence"-type policies underwritten by adrnitted insurers
in the State of California with a rating of A or bener from cUrrent year Best Rating Guide. An policies
must be issued at the expense ofthc Contractor and must be maintained at the Contractor's cxpense
throughout the perfoTITlance of the Work.
8.8.2 The Contractor and any subcontractors engaged in performance of the Work must secure payment of
workers compensation in accordance with California Labor Code Section 3700 and other applicable law,
TIle Contractor must verify that all Subcontractors comply with this requirement.
8,8.3 Within Five (5) working days following notice of award the Contractor must snbmit to the City along
with executed copieó ofall other documents specified in the Contract C1:teck List certificates of insurance
and endorsements cvidcncing that the Contractor has in effect and will maintain throughout the
performance of the Work the following kinds and amounts of insurance:
8,8.3, I 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
ofthe Labor Code of the Statc of California, and any act or acts amending it. Such insurance
must cover the full liability of the Contractor. The Contractor's Employer's Liability Insurance
must be in an amount no lcss than $1,000,000.00 per claim,
8,8,3,2 CommCTcial General Liability and Automobile Liability Insurance. Covcrage for liability
because of Bodily Injury and property Damage including, but not limitcd to the following
coverage:
Completed Operations and Products Liability
Bodily Injury
Personal Injury
Broad Form Propeny Damage Liability
Contractual Liability insuring the obligations assumed by
the Contractor under thc Contract Documents
Automobile Liability, including owned, non-owned and hired automobiles
Coverage for the XCV hszards of Explosion, Collapse and Underground
Cily of Dublin
Generol Conditions
11
8.8,3.3 Commercial Umbrella Policy, The Commercial policy is to insure losses abovt General
liability, Employers liability, and auto liability limits,
8.8,3.4, Budders Risk. The Contractor must, at the Contractor's own expense, maintain a builder's risk
fire insuranct policy, special fonn including extended coverage and vandalism, and malicious
mischitf endorsements, The policy nrust be jointly in the name of the City and the Contractor.
Such insurance must be carried in the amount of 100% of the Contract Price. In the event ofa
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 exptnse and at no cost to the City,
8,8.3 The insUTancc furnished by the Contrattor must be primary in the amonnt of any loss,
8,8.4 The lirnits of the insurance required above will be at I...t:
Comprehensive General liability
Property Damage Liability
$1,000,000
$1,000,000
$1,000,000
$1,000,000
each occurrence
each aggregate
each occurrence:
each aggregatc
Bodily Injury Liability
Comprehensive Automobil. Liability
Bodily Injury Liability
$1,000,000
$1,000,000
each person
each OCCWTcnCe
Property Damage Liability
$1,000,000
each OCCUJTcnce
Commercial Umbrella Policy
$1,000,000
Builders Risk
issued for the value of the Contract Price
8.8.5 To meet the requlrements of the Agreement all insurance coverage must be: "occurrence" type; claims.
made policies arc not acceptable,
8,8.6 For each insurance policy required under the Agreement except for the required workers compcnsation
insurance policy, the Contractor must provide endorsements that add the City as an additional insured.
Such endorsements must: provide that thc insurance required to be furnished by the Contractor w;U bo
primary as regards the City, and that thc City's insurance win be exccSS of and not contribute to tho
insurance required to be furnishcd by the Contractor; that tho City will receive 30 day wrin<n notice of
any rcduction or cancenation of such insurance required to be furnished by the Contractor; and include a
sevorability of interest clause acccptable to the City.
8,9 Indemnities,
8,9.1 The Contractor w;U take all responsibility for the Work, and will bear alllossos and damages directly or
indirectly resulting to tht Contractor, any subcontractors engaged in perfonnance of the Work, the City,
its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the
p~rformance or character of the Work, unforeseen difficulties! accidents, or occurrences of other causes
predicated on active or passive negligence ofth. Contractor or of any subcontractor engaged in
perfonnance oftht Work. To the fullest extcnt permitted by law th.e Contractor will indemnify, defend
and hold harmless thc City, its officials, officers, employees, agents, volunteers and consnltants from and
against any or an loss, lisbility, expense, claims, costs (including costs of defense), suits, and damages of
City of Dublin
General Condition;
12
cvcry kind, nature and description (including, but not lirnited to, penalties resulting ftom exposure to
hazards in violation of the CalifonùaLabor Codc) di1ectly or indirectly arising ftom the performance of
the Work ("Claims"),
$,9.2 The Contractor will indemnify, defend and hold harmless the city, the City's officials, officers,
employees, volunteers, agcnts 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 will pay all royalties or other charges as a resull
of intellectual property rights that may apply to methods, types of construction, processes, materials,
equipment used in the perfortllilnce of the Work, and will fumish written assurance satisfactory to the
City that any such charges have been paid,
8,9.3 The Contractor assumes all liability for any accident or accidents rcsulling to any person or property as a
result of inadequate protective devices for the prevention of accidents in connection wj¡h the
performance of the Work. The Contractor will indemnify, defcnd, and hold harmless thc City and j¡s
officials, officers, employees, agents, volunteers and consultants from such liability,
$,9.4 Approval ofthc Contractor's certificatcs of insurance and/or endorsements does not relieve the
Contractor ofliability under this provision 8.9. The Contractor will defend any action or actions filed in
connection with any Claims and will pay all related costs and expenses, including attorney's fees
incurred. Thc Contractor win promptly pay any judgment rendered against the City, its officials,
officers, employees, agents, volunteers or consultants for any Claims. In the event the City, its officia1s~
officers, employees, agents, volunteers or consultants is made a party to any action or proceeding filcd or
prosccuted against Contractor for any Claims, Conn-actor agrees to pay the City, its officials, officers,
employecs, agents, volunteers and consultants any and all costs and expenses incurrcd in such action or
proceeding, including but not lirnited to, reasonable attorneys' fees.
8.9.5 In accordance with California Civil Code Section 2782(a), nothing in the Agreement will be construed to
indemnify the City for its sole negligence, willful misconduct, or for defects in desib'" fornished by City,
In accordance with California Civil Code Section 2782(b), nothing in the Agrccment will be construed to
impose on the Contractor or to relieve the City from Jiability for the City's active negligence, By
cxecution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has
read and undcrstands the insurance and other requirements of Agreement, and this indcmnity provision,
which is a material element of consideration.
8.10 Licenses/Permits, The Contractor must, without additional expense to the City, obtain all licenses, permits and
other approvals required for the performance of the Work.
8. I 1 California Labor Code Requirements,
8.11.1 In accordance with California Labor Code Section 1810, eight (8) hours oflabot in performance of the
Work shaU constitute a legal day's'work under the Agreement,
8.11.2 In accordance with California Labor Code Section 181 I, the timc of service ofany worker employed in
performance ofthe Work is linlited to eight hours during anyone calendar day, and forty hours during
anyone calendar week, except in accordance with California Labor Code Section 1815; which provides
that work in excess of eight hours during anyone calendar day and forty hours during anyone calendar
week is permltted upon compcnsation for all hours worked in excess of eight hours during anyone
calendar day and forty hours during anyone calendar week at not less than one-and-one-half timcs the
basic rate of pay.
8,11,3 The Contractor and its subcontractors will forfeit as a penalty to the City $25 for each worker employed
in the petforrnance of the Work for each calendar day during which the worker is required or permitted to
work morc than eight (8) hours in anyone calendar day, or more than forty (40) hours in anyone
calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
City of Dublin
General Conditions
13
8.11.4 In accordance with California Labor Codc Section 1773,2, the City has determined the general prevailing
wages in the locality in which the Wark is to be perfOlmed for cach craft or type of work needed to be as
published by the State of Califomia Department of Industrial Relations, Division of Labor Statistics and
Research, a copy of which is on file in the City Public Works Departrncnt and shall be made available On
request. The Contractor and subcontractors engaged in the performancc ofthc Work shall pay no Jess
than these rates to all persons engaged in perfonnance ofthe Work
8,11.5 In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged
in perfonnance of the Work must comply Labor Code Section 1775 which establishes a penalty of up to
$50 per day for each worker engagcd in the performance of the Work that the Contractor or any
snbcontractor pays less than the specified prevailing wagc, The amount of such penalty shall be
dctermined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence,
or ncglect 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
rnistake, inadvertence, or neglect in faiilng to pay the correct rate of prevaiJing wages is not excusable if
the Contractor or subcontractor had knowledgc of their obligations under thc 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 wotker was paid less
than the prevailing wage rate, Ifa subcontractor worker engaged in pcrformance of the Work is not paid
the general prevailing per diem wages by the snbcontractor, the Contractor is not liable for any penalties
therefore unl.ss the Contractor had knowledge of that failure or unless the Contractor fails to comply
with all of the following requirements:
8,11.5, I The contract executed between the Contractor and the subcontractor for the perfonnance of part
of the Work must incJude a copy of the provisions of California Labor Code Sections 1771,
1775, 1776, 1777.5, 1813, and 1815,
8,11.5,2 The Contractor must monitor payment of the specified gcneral ptevailing rate of per diem wages
by the subcontractor by petiodic review of the subcontractor's certified payroll records,
8,11.5.3 Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages,
the Contractor must diligently take corrective action to halt or rectify the failure, incJuding, bnt
not lirnited to, retaining sufficient funds due the suhcontractor for performance ofthe Work
8.11,5.4 Prior to making final payment to the subcontractor, the Contractor must 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.
8.11,6 In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged
in performance of the Work, must keep accurate payroll records showing the )lame, 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 employcc employed in
performance of the Work Each payroll record must contain Or be verified by a written declaration. that it
is made under penalty of petjury, stating that he information contained in the payroll record is true and
correct and that the employer has complied with the requirements of Sections 177 1, 81 , and 1815 for
any work performed by the employer's employees on thc public works project. The payroll rccords
required pursuant to California Labor Code Section 1776 must be certified and must be available for
inspection by the City a)ld its authorized representatives, the Division of Labor Standards Enforcement,
the Division of Apprenticeship Standards of the Department of Industtial Relations and must otherwise
hc available for inspection in accordance with California Labor Code Section 1776.
City of Dublin
General Conditions
14
8,1 1.7 In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor
and any subcontractors engaged in performance of the Work, will be responsible for emuring compliance
with California Labor Code Section 1777,5 governing employment and payment of apprentices on public
works contracts.
8.11.8 In case it becomes necessary for the Contractor or any subcontractor engaged in perfonnance of the
Work to employ on the Work any person in a trade or occupation (except executive, supervisory,
administrative~ clerica.l, or other non manual workers as such) for which no minimum wage rate has been
determincd by the Director of the Department ofIndustrial Relations, the Contractor must pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to Work to
be performed by that person. The rnininmm rate thus furnished will be applicabJo as a minimum for such
trade or occupation horn the tiIne of thc initial employment ofthe person affected and during the
continuancc of such employment.
8,11 Laws and Ordinances. The Contractor and all subcontractors engaged in the performance ofthe Work must
conform to the following specific mles and regulations as well as all other laws, ordinances, rules and regulations
that apply to the Work. Nothing in the Technical Specifications or Project Plans is to be construed to pernrii Work
not conforming to those 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, latcst edition, published by AG,C, of America
Industrial Accident Commission's Safety Orders, State of California
Regulations ofthe 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.
8.12 Guaranty, Contractor guarantees all of the Work for one year rrom the date the City accepts the Work, Upon
receiving written notice of a need for rcpairs which are directly attributable to defectivc materials or workmanship
the Contractor must mah good any defects arising or discovered in any part of the Work by diligently making the
necessary rcpairs within scven (7) days horn the date of notice from the City, Ifthe Contractor fails to make good
any defects in the Work in accordance with this provision, in addition to any other available remedy under the
contract or at law or equity, the City 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 making good such defects and for the Owner's roasonable legal costs, if any, of recovering
against the bond,
8,13 Safety,
8,13,1 In accordance with gepcrally accepted construction practices and applicable law, 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. For purposes of California Labor Code Section 6400 and related provisions of
law the Contractor and the Contractor's privities and any other entities cngaged in the performance of the
Work will be "employers" responsible for furnishing employment and a place of employment that is safe
and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither
the City nor its officials, officers employ~cs agents, voluntoers or consultants. will be ~Lemployer5n
pursuant to California Labor Code Section 6400 and related provisions of law with respect to the
Contractor, the Contractor's privities or other entities engaged in the performance ofthc Work.
8.13,2 Review and inspection by the City, the Project Manager, the Architect, and/or other representatives ofthe
City of the Contractor's performance of the Work will not constitute review of the adequacy of the
Contractor's safety Ill.easures in, on, or near the Work site. Such reviews and jnspc:ctions do not relieve
City of DUblin
Generol Conditions
15
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.
8,13,3 The Contractor will be solclyr<sponsible for thc implementation and maintenance of safety programs to
ensure that the Work site is maintained and the Work is perfonned in a safe manner in accordance with
the Contract Documents and applicable law.
8,13.4 Within Five (5) working days following notice of award the Contractor must subrnit to thc City along
with executed copies of all other documents specified in the Contract Check List a copy of the
Contractors Safety Plan,
8,13.5 The Contractor must fumish and place proper guards and systems for the prevention ofaccidents,
including, but not lin¡jted to, those systems required pursuant to Title 8, Section 1670 and following of
the California Code of Regulstions concerning safety belts and nets, The Contractor must provide and
maintain any other necessary systems or devices required to securc safety of life or property at the Work
site in accordance with accepted standards of the industry and applicable law, The Contractor must
maintain during an night hours sufficient lights to prevent accidcnt or damage to life or property.
8, 14.Assignment of Unfair Business Practice Claims, In accordance with California Public Contract Code Section
1703,5, the Contractor and any subcontractors offer and agree to assign to the City al1 rights, title, and interest in
and to all causes ofaction the Contractor or any subcontractors may have under Section 4 of the Clayton Act (J 5
U,S,C, § 15) or under the Cartwright Act (Chapter 2 (comrnencing with § 16700) of Part 2 of Division 7 of the
Businc:ss and Professions Code); arising ftom purchases of goods, services or materials pursuant to this contract.
This assignment shan be made and become effective at the time the City tenders final paymcnt to the Contractor,
without further acknowledgement by the parties,
9, MEASUREMENT AND PAYMENT
9.1. F .O,B. All shipments must be F,O.B. destination to the Work site and/or other sites indicated in the Contract
Documents, The Contract Price is an-inclusive (including sale, tax). There may be no charge for containers,
packing, unpacking, drayage or insurance,
9.2 Payment
9,2.1 On or about the frrst day of eaoh calendar month the Contractor win subrnit to the Project Manager a
verified application for payment and schedule of values supported by a statement showing an materials
actually installed during the preceding month and the cost of labor actually expended in thc performance
of the Work. Unless otherwise providcd in the Contract Documents, no allowances or payments will be
made for material.or equipment not placed at the Work site,
9,2.2 To be eligible for payment the Contractor's applications for paymcnt must include certjfied payroll
reports prepared in accordance with California Labor Code Scction 1776 and the Agreement for each
employee of the Contractor and any suboontractors engaged in the performance of the Work during the
for payment win not be processed without certified payron reports,
9.2.3 Unless the Contractor has elected to post securities in lieu of retention in accordance with California
Public Contract Code Section 22300 and the Agreement, and the Contractor and thc City have executed
an escrow agrecmcnt in accordance with the Public Contract Code and the Agreement, the City shall
make progress payments to the Contractor in accordance with applicable law in the anJount of ninety (90)
percent of the value of the labor actually perfontJed 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 win not be construed as acccptance of the Work
pcrfontJed, If the Contractor has elected to post securities in lieu ofrctention in accordaDce with Public
Contract Code Section 22300 and the Agreemcnt and the Contractor and the City have executed an
City of Dublin
General Conditions
16
escrOw agreement in accordaocc with the Public Contract Code and the Agrcement, the City will make
payments to the Contractor or the Contractor's esCrOW agent in accordaoce with such escroW agreement.
9,2,4 The City will pay the Contractor's fina} invoice 'in accordance, with applicable law and this provision 9
following acceptance of the Work provided that:
9,2.4.1 The Contractor has furnished evidence satisfactory to the City that all claims for labor and
material have been paid; or the time for filing valid stop notices has passed and no stop notices
have been filed, or all stop notices filed have bcen released by valid release or release hond
accepted by the City.
9.2.4.2 No claim has been presented to the City by any person based upon any acts or orni"ions of the
Contractor or any snbcontractor engagcd in the performancc of the Work.
9.2.4,3 No other claim or dispute exists undcr the Agreement or applicable law concerning payment of
the Contractor's final invoice and/or release of the Agreement retention,
9,2.4.4 The Contractor has filed with the City 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 adrnittcd surety insurer acceptable to the City and such Maintenance
Bond binds the Contractor as Principal and the Surety in accordance with its terms in the
amount of 10% of the final Contract Price.
9.3 Rctcntion. The Owner or its agent may, in accordance with the Contract DocUll1Cnts and applicahle law, withhold
any payment of monies due or that may become due the Contractor becausc of:
9.3.1 Defective work not TClllcdied or nncompleted work.
9.3.2 Claims filed or rcasonable evidence indicating probable filing of claims,
9.3,3 Failure to properly pay subcontractors or to pay for material or labor,
9.3.4 Reasonable doubt that the Work can be completed for the balance then unpaid.
9,3,5 Damage to another contractor,
9,3.6 Damage to the Owner.
9,3,7 Damage to a tlrird party,
9,3,8 Delay in the progress of the Work, which, in the City's judgment, is due to the failure of the Contractor
10 properly expedite the Work,
9.3,9 Liquidated damage' or other charges that apply to the Contractor under the Agreement,
9.3,10 Any other lawful basis for withholding payment under the contract.
9.4 Securities in Lieu of Rctcntion.
9.4, I In accordance with Public Contract Code Section 22300, exccpt where federal regu1ations or polices do
not pmrut substirution of securitics, the Contractor may substitute securities for any moneys withheld by
the City to cnsure performance of the Work, At the Contractor's request and expense, securi.ties
equivalent to the amount withheld will be deposited with the City, or with a state or federally chartered
bank in California as the escrow agent, who will then pay thuse moneys to the Contractor under the terms
of an Escrow for Security Deposit a¡,'rcement. The Escrow fot Security Deposit agreement is provided in
City of Dublin
General Conditions
17
the Contract Documents, Upon satisfactory completion of the Work, the securities w;!1 be returned to the
Contractor.
9.4.2 Alternatively, at the Contractor's request and expense, the City'w;!1 pay retcntions earned directly to the
escrow agent. At the Contractor's expense, the Contractor rnay direct investment of the payments into
securities. Upon satisfactory complction of the Work, the C.ontractor win receivc from the escrow agent
an securities, interes~ and payments recoivcd by the escrow agent from the City pursuant to this
provision and the terms of the Escrow for Sccurity Deposit agreement. The Contractor will, 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 withheJd to CIlSnre the Contractor's
performance of the Work. (Note: The City requires a $100 transaction fee fot each b;!1ing cycle to
proceas the escrow provision.)
9.4.3 Securities eligible for invcstment in sccordance with this provision include those listed in Govennnent
Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit
accounts, standby lettcrs of credit, or any other security mutually agreed to by the Contractor and the
City,
9.4.4 The Contractor will be the beneficial owner of any sccurities substituted for moneys withhold and will
receive any Ü.lterest thereon.
10. PROJECT ACCEPTANCE AND CLOSEOUT
1O,10ccnpancy, Tho City reserves thc right to occupy or use any part or parts or the entire of the Work before the
Work is fully performed. Subject to applicable law, exercising this right will in no way constitute acceptancc of
any part of the Work so occupied or used or acceptance of tho entire Work, nor will snch occupancy or use in any
way affect the times whcn payments will become due tho Contractor, nor will such occupancy or uso in any way
prejudice the City's rights under the Agreement, any Agrcement bonds, or at law or equity,
10.2 Work Completion and Final Inspection. When the Contractor considers the Wotk is completed, tho Contractor
will subrnit written certification to the Project Manager specifying that: the Contract Documents have been
reviewed; the Work has been inspccted for compliance with the Contract Documents; the Work has been
completed in accordance with tho Contract Documents; and that equipment and systems have been tested in the
presence of the City's representative and are operational. The City and/or the City'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. Tho Contractor will take immediate steps to remedy the stated deficiencies and
give notice of correction to the projcct Msnager, Upon receiving a noticc of correction, the City or the City's
authorized representatives will reinspect the Work. The Contractor must correct all punch Hst items within 15
working days after the issuance of the punch list, Before acceptance of the Work the Contractor must subrnit: one
set of reproducible mylars of the Project Record Drawings (As-Builts), and any equipment operating and
maintenance instructions and data! warranties,
10,3 Work Acceptance.
10,3,1 All finished Work will be subject to inspection and acceptance or rejection by the City, the Project
Manager, and the Architect and other government agcnci<s having jurisdiction over the Work, Final
acceptance ofthe Work will be at the discretion of the City,
10,3,2 Th.e City will acœptthe Work in writing only when the Work has been completed to the City's
reasonable satisfaction, Progress payments w;!1 in no way be oonstrued as acceptance of any part of the
Work.
City of Dublin
General Conditions
18
10.3.3 In evaluating the Work, no allowance will be made for deviations from the Technical Specifications,
Project Plans or other Contract Documents unless already approvod in writing in accordance with the
requirements of provision 4, above.
10.3.4 Thc fact that the work and !IJJl.teri.ls have been inspected from time to time and that progress payments
have bccn made does not relieve the Contractor from the responsibility of replacing and making good
any defective or ornitted work or materials in accordance with the requirements of the Contract
Docurnen~'s.
II, REMEDIES AND DISPUTES
11.1 Ten1l'ination.
11.1.1 In accordance with California Public Contraet Code Section 7105, in addition to all olher available
remedies that the City!IJJl.Y have under the Agreement, and at law or equity, the City may terminate tbe
Agreement:
11.1.1.1 If the Contractor or any of its subcontractors engaged in the performance of the Work fails to
timely perform the Work and/or any of the Contractor's material obligations under the Contract
Documents that have accrucd except for due to reasons beyond the control of the Contractor
pursuant to the Contract Documents.
11.1.1.2 If the Contractor is adjudged bankrupt, or if it should make a general assignment for the benefit
of creditors, or if a receiver should be appointed on account of its creditors,
11.1.1.3 If the Contractor or any of the suhcontractors engaged in the performance of the Work
pcrsisteutly or repeatedJy refuses or fails, except in cases for which extensiou of time is
provided, to supply enough properly skilled workmen or propcr materials for the tiInely
completion ofthe Work,
11.1.1.4 If the Contractor fails [0 make prompt payment to subcontractors engaged in the performance of
the Work or for material or labor used in the performance of the Work in accordance with the
Contract Documents and applicable Jaw,
11.1.1.5 If the Contractor or any subcontractors engagcd in Ihe performance of the Work persistently
disregards laws or ordinances applicable to th.e performance of the Work, or the instructions of
the City, the Project Manager, the Architect, or othcr authorized representatives of the City. For
any reaSon or for no reason, at the City·s sole. discretion.
ILL 1.6 For any rcason or for no reason, atthe City's sole discretion,
11.1.2 If the City intcnda to terminate the Agreement for any of the reasons specified in provisions 11.1.1.1
through II, 1,1.5, above, the City will immediately serve written notice to tho Contractor and its sureties
in accordance with the Contract Documents. Notice of the City's intent to terminate the Agreement will
be given by rcgistered or certified mail and specify thc grounds for terrnination, the required cure and the
time by which the curc must be effected. Upon receipt of notice of the City's intent to terminate the
Agreementfor any of the reasons specified in provisions 11.1. L 1 through 11.1.1.5, above, thc Contractor
will have ten (10) days from receipt of the notice to cure its default. If the Contractor docs not effect the
required cure by tho time specified in the notice, the City will issue a written notice of teJTI1ination to the
Contractor and its sureties by registered Ot certified mail. The notice of termination will specify: that
upon receipt ofthc uotice the Contractor's right to perform or complete the Work, including on behalf of
the Contractor's sureties? is terminated; that the Contractor's sureties will have the rjght to take over and
complete the Work and perform all of the Contractor's remaining obligations that have accrued undet the
Agreement; and that if the Contractor's sureties do not both give the City wrinen notice of their intention
to take over and perform the Agreement and commenc< completion of the Work and pcrformance of aU
of the Contractor's remaining obligations that have accrucd under the Agreement within ten (10) days
City of Dublin
General Conditions
19
after receipt of notice oftermination that the City may declare thc Contractor's surcties in default and
take over the completion of the Work or have the Work completed for thc account and at the expense of
the Contractor and its sureties, and the Contractor and its sureties will be liable to the City for any
resulting excess cost. The City may, in addition to all other available œmcdies that the City may have
under the Contract Documents and at law or equity, deduct any such cxccss cost of complcting the Work
from amounts that are due or that may become duc thc Contactor,
J 1.1.3 Upon termination of the contract for any of the reaSons specified in provisions 11.1.1.1 through J 1.1.1.5,
above, the Contractor will, ifso directed by the City, inuncdi.tdy remove from the Wotk site any and all
material, and personal property bdonging to the Contractor which have not been incorporated in tl¡e
Work and the Contractor and its sureties will be liable upon their bond for all damages caused the City by
reason of the Contractor's failure to complcte the Work.
11.1.4 Upon termination of the contract for any of the rcasons specified in provisions 11.1.1.1 though 1 1.1. 1.5,
above, the City reserves the right to refosc tender of the Contractor by any surety to complete the Work.
11.1.5 If the City completes or has completed any portion of, or the whole of the Work, following termination
of the cOntract for any of the reasons specified in provisions 11.1.1.1 through 11.1.1.5, above, the City
will neither be liable for nor account to the Contractor or the Contractor's suteties 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 oth.er obligations in cOlmection with
completing the Work. If, following termination of the Agreement for any of the reasons specified in
provisions II, I, I, I through 11.1,1.5, above, the unpaid balance of the Contract Price exceeds the
expense of completing the Work, including compensation for additional legal, managerial and
administrative scrviccs and all other amounts due for the completion of the Work and/ot satisfaction of
claims of the City and/or others arising on! of the Agreement and any other charges that apply to the
Contractor under the Agreement, the difference will be paid to the Contractor. If such expenses of
completing the Work exceed the unpaid balance of the Contract Price, the Contractor or its sureties win
pay the difference to the City.
J 1, I ,6 If the Agreement is terminated for any rcason, uo a110wanccs or compensation wi11 be granted for the loss
of any anticipated profit by the Contractor.
J J, 1,7 In accordance with California Government Code Section 441 0, in the evcnt a national emergcncy occurs,
and public work, being performed by contract, is stopped, direccly or indirectly, bccause of thc frcczing
or djvers:ion of materials, C!!:quipm~nt 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 circnmstances Ot conditions are such
that it is impracticable within a reasonable !În1e to proceed with a substantial portion of the work, then
the City and the Contractor may, by written agreement, terrninate the Agreement, In accordance with
California Govermnent Code Section 4411, such an agreement win include the terms and conditions of
the termination of the contract and provision for th.e payment of compensation or money, if any, whieh
either party will pay to the other or any other person, under the facts and circumstances in the case,
Compensation to the Contractor will be determined on 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 Ot 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 or
any portion of the work done.
11.2 Disputes,
II "2, I In accordance with Califomia Public Contract Code Section 20104,2, the fo11owing procedurea apply to
claims of$375,000 or less between the Contractor and the City:
11.2,1.1 The claim sha11 be in writing and include the documents necessary to substantiate the claim,
Claims must be filed on or before the date offmal payment. Nothing in this subdivision is
C ily of Du blin
General Conditions
20
intended to cxtend the time lirnit or supersede POticc rcquirements otherwise provided by
contract for the filing of claims.
11,2.1,2 For daims of less than fifty thousand dollars ($50,000), the City shaH respond in writing to any
writtcn daim within 45 days of receipt of the claim, or may request, in writing, within 30 days
ofreccipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the City may have against the Contractor.
11.2,1.2.1 Ifadditional information is thereafterreqoircd, iuhall be reqnested and provided
pursuant to this subdivision, upon mutual agreement of the City and the
Contractor.
11.2,1,2.2 The City's written response to the claim, as further docurnented, shall be submitted
to the Contractor within 15 days after receipt of the further documootation or
within a period of time no greater than that taken by the Contractor in producing
the additional information, whichever is greater,
11,2.1,3 For daims 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 daim, 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 Contractot.
11,2,1.3.1 If additional information is thereafter required, it shall be requcsted and provided
pursuant to this subdivision, upon llllltual agreement of the City and the
Contractor.
I J ,2,1.3.2 The City's written response to the claim, as further documented, shall be submitted
to the Contractor within 30 days after receipt of the further documentation, or
within a pcriod of time no greater than that taken by the Contractor in producing
the additional infonnation or requested documcntation~ whichever is greater.
11.2.1.4 If the Contractor disputes the City's written response, or the City fails to respond within the time
prescrihed, thc Contractor may so notify the City, in writing, either within 15 days of receipt of
the City's rcsponse or within 15 days of the city's failure to respond within the timc prescribed,
respectivdy, and demand an informal conferencc 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.
11.2,1.5 Following the meet and confer conference, ifthc c1aimor any portion remains in dispute, the
Contractor may file a claim as provided in Chapter I (connnencing with Section 900) and
chapter 2 (commencing with Section 910) of Part 3 of Division 3,6 of Title I of the
Govcl11IOent Code. For purposes of those provisions, the runnIng of the period of time within
which a claim must be filed .hall be tolled /rom the time the Contractor subrnits hi, or her
written claim pursuant to subdivision (a) until the time that claim is denicd as a result of the
mect and confer process, including any period of time utilized by the meet and confer process,
J 1.2.1.6 This artide does not apply to tort claims and nothing in this atlicle 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 (coll1TIlencing with Section 910) of Part 3 of
,Division 3,6 of Title I of the Govertnnent Code.
J 1.2,2 In accordance with Califomia 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:
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11,2,2,1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the mattcr to non-biriding mediation nnIess 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
subrnittal, 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.
] 1.2,2,2 If the matter remains in dispute, the case shall be submitted to judicia] arbitration pursuant to
Chapter 2,5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986
(Article 3 (connncncing with Section 2016) of Chapter 3 ofTitlc 3 of Part 4 of the Code of Civil
Procedure) shall apply to any proceeding brought under this subdivision consistent with the
mles pertaining to judicial arbitration.
1] ,2.2.2,1 Notwithstanding any other provision oflaw, upon stipulation of the parties,
arbitrators appointed for purposes of this article shall be experienced in
constmction law, and, upon stipolation of the parties, mediators and arbitrators
shall be paid necessary and reasonable hourly rates of pay not to excecd their
customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration whcre: th~ arbitrator~ for good cause, determines a
different division, In no event shall these fees or expenses be paid by state or
county funds.
11.2.2,2.2 In addition to Chapter 2.5 (connnencing with Section 1141.10) of Title 3 of Par! 3
of the Code of Civil Procedure, any party who after receiving an arbitration award
tequests a trial de novo but docs not obtain a more favorable judgment shaH, in
addition to payment of costs and fccs under that chapter, pay the attorney's feos of
the other party arising out of thc trial de nOvo,
I] ,2.2,3 The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process,
11.2,3 In accordance with California Pnblic Contract Code Section 20104,6:
] 1,2,3,] The City shall not fail to pay money as to any portion ofa claim which is undisputed cxccpt as
otherwise provided in the contract.
11.2,3,2 In any suit filed under Public Contract Code Section 20104.4 conccming this contract, the City
shall pay interest at the legal rate on any arbitration award Ot judgment. Such interest shall
accme from date the suit was filed,
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