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HomeMy WebLinkAboutPW City Hall Bathroom Remodel Projectc►rr 01�.., Agenda Item No: 3 • i Meeting Date: December 2, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: _ -- City Manager Approval Public Works Works Director File No.: 06.01.214 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITY HALL INTERIOR IMPROVEMENTS BATHROOM REMODEL PROJECT, CITY PROJECT NO. 11215, TO LOIC HUMBERT IN THE AMOUNT OF $143,080.00. RECOMMENDATION: Staff recommends that the City Council adopt the resolution awarding the construction contract to Loic Humbert, in the amount of $143,080.00 for the bid. BACKGROUND: San Rafael's City Hall was constructed in the 1960's. Although the 3rd floor of the building has been renovated extensively to better serve San Rafael's citizens, the 1st and 2nd floors of City Hall have undergone only minor modifications over the last 40 years. As a consequence, the floors, walls, carpeting and some of the restrooms are showing significant signs of wear. This is especially true on the 1st floor, which is occupied by the Police Department and utilized 24 hours a day. Renovation of the San Rafael Police Department began in August 2013. Improvements include new flooring, paint, audio/visual equipment, electrical and telecom upgrades, as well as structural improvements to improve safety in the holding area. The bathroom remodel project is the last phase of construction for the police department remodel which includes remodeling both the men's and women's bathrooms and locker rooms to improve the functionality of the facilities while upgrading to meet current building codes and Americans with Disability Act (ADA) regulations. During the week of November 12, 2013 the Department of Public Works Engineering division contacted three contractors to solicit bids for this project in accordance with section 11.50.170 of the San Rafael Municipal Code. The engineer's estimate was $110,000. The three commercial contractors in which bids were solicited are known to have extensive experience in municipal building projects. FOR CITY CLERK ONLY File No.: .-f —/— (04< Council Meeting: --41,2,a/3 Disposition: gol-o i (cay SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 On November 22, 2013 the following three bids were received: NAME OF BIDDER AMOUNT Loic Humbert $143,080.00 Rosa Construction $177,243.75 Huts and Castle General Engineering and Construction $270,304.59 The bids received fell above the threshold for a minor contract as stated in section 11.50.020 (G) of the municipal code. Per section 11.50.090.B.3 and 11.50.090.B.4 of the San Rafael Municipal Code, the City Council may waive the major contract bidding requirements if it finds that "there would be no competitive advantage to requiring bidding for the contract" or "the cost of the work would be significantly increased or its completion significantly delayed." To bid this project according to the San Rafael's Municipal Code requirements for a major contract would take a minimum of two months before construction would commence. Currently, the Police Department has been relocated to temporary office and bathroom trailers. Delaying commencement of the bathroom remodel would cost the City additional money to extend the rental period of these facilities. In addition, the contractors that have bid on this project are most likely three of the same contractors who would bid again. Therefore, there is no competitive advantage to rebidding this project. ANALYSIS: The referenced bids have been reviewed by Public Works staff and found to be both responsive and responsible. The low bid from Loic Humbert in the amount of $143,080.00 falls within the allocated project budget. FISCAL IMPACT: On March 18, 2013 Council adopted a resolution appropriating $650,000 from Building Fund (#603). It is recommended that a project contingency in the amount of $14,920 be authorized for this project bringing the bathroom remodel cost to $158,000. Funds for the Bathroom Remodel Project will be paid from this Project budget. OPTIONS: 1. Adopt the resolution awarding the contract to Loic Humbert, the lowest responsive and responsible bid, in the amount of $143,080.00, waiving the major contract bidding requirements per Section 11.50.090 of the San Rafael Municipal Code. If this option is chosen, construction will commence as soon as possible. 2. Do not waive the major contract bidding requirements and direct staff to rebid the project in accordance with San Rafael Municipal Section 11.50.150. If this option is chosen, rebidding will delay construction and the future move in date for the Police Department a minimum of two months. In addition, the City will incur additional costs for the temporary trailer rentals and bathroom trailer rentals. 3. Do not award the contract and direct staff to stop working on this project. ACTION REQUIRED: Adopt resolution awarding a contract to Loic Humbert in the amount of $143,080.00. Enclosures 1. Resolution 2. Agreement RESOLUTION NO. 13652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITY HALL INTERIOR IMPROVMENTS BATHROOM REMODEL PROJECT, CITY PROJECT NO. 112159 TO LOIC HUMBERT IN THE AMOUNT OF $1439080.00. WHEREAS, on March 18, 2013 City Council appropriated $650,000 for the `2013 City Hall Interior Improvements Project'; and WHEREAS, during the week of November 12, 2013 the Department of Public Works Engineering staff contacted three qualified contractors to solicit bids for the City Hall Interior Improvements Bathroom Remodel Project in accordance with San Rafael Municipal Code 11.50.170 "Minor Contract"; and WHEREAS, on November 22, 2013, bids for the Bathroom Remodel Project were opened and examined for the following work: "Bathroom Remodel Project" City Project No. 11215 In accordance with the plans; and WHEREAS, Bids received fell above the $125,000 minor contract threshold as defined in section 11.50.020 (G) of the City of San Rafael Municipal Code; and WHEREAS, per section 11.50.090.B.3 and 11.50.090.13.4 City Council has determined there is no competitive advantage to rebidding this project and waives the requirements for bidding in accordance to major contract requirements; and WHEREAS, the bid of Loic Humbert is a responsive bidder at the lump sum price stated in their bid and is the lowest and best bid qualified for said work and said bidder is the lowest responsible bidder; and WHEREAS, there are sufficient funds in the 2013 City Hall Improvement Project (Project No. 11215) to support this contract. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. Waive major contract requirements per Section 11.50.090.8.3 and 11.50.090.13.4 of the San Rafael Municipal Code. 2. The bid of Loic Humbert is hereby accepted at said lump sum price and that the contract for said work and improvements is hereby awarded to Loic Humbert at the lump sum price mentioned in said bid. 3. The Public Works Director and the City Clerk of said City are authorized and directed to execute a contract with Loic Humbert in a form approved by the City Attorney. 4. The Public Works Director is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the Monday, the 2°a day of December, 2013 by the following vote, to wit: AYES COUNCILMEMBERS: Bushey Lang, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 06.01.214 City of San Rafael ♦ California Form of Contract Agreement for City Hall Interior Improvements 2013 Bathroom Remodel City Proiect No. 11215 This Agreement is made and entered into this 2nd day of December 2013 by and between the City of San Rafael (hereinafter called City) and Loic Humbert doing buisness as Loic Humbert General Contractor (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans for the project entitled: City Hall Interior Improvements 2013 Bathr000m Remodel, City Project No. 11215, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within THIRTY (30) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. Working days shall include weekends. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,000 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL QUANTITY PRICE 1. Men's and Women's Locker Room Remodel I LS @ $143,080.00 = $143,080.00 BRAND TOTAL BID $ 143,080.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start"of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for su'1 items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims `bythe City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificateof the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: Esther C. Beirne Nader Mansourian City Clerk Public Works Director APPROVED AS TO FORM: ,° /, Robert F. Epstein e— Robert Attorney File No.: 06.01.214 Loic Humbert: z Bv: /'"'z'' f A— Loic HunYbfrt: Owner CONTRACT PROVISIONS TABLE OF CONTENTS SECTION 7 - GENERAL 7.01 NOTICE TO PROCEED......................................................................................................1 7.02 CONTRACT DOCUMENTS...............................................................................................1 7.03 FURNISHING OF PLANS AND SPECIFICATIONS.........................................................1 7.04 COORDINATION OF PLANS AND SPECIFICATIONS..................................................1 7.05 EXTRA WORK....................................................................................................................1 7.06 REMOVAL OF OBSTRUCTIONS......................................................................................1 7.07 DISPOSAL OF MATERIALS..............................................................................................1 7.08 SANITATION......................................................................................................................1 7.09 TRENCH SHORING............................................................................................................1 7.10 FINAL CLEANING UP.......................................................................................................1 7.11 ERRORS AND OMISSIONS...............................................................................................1 7.12 NO PERSONAL LIABILITY...............................................................................................2 7.13 RESPONSIBILITY OF CITY..............................................................................................2 7.14 RIGHT-OF-WAY.................................................................................................................2 SECTION 8 - PROGRESS OF WORK 8.01 SUSPENSION OF CONTRACT..........................................................................................2 8.02 TEMPORARY SUSPENSION OF WORK..........................................................................2 8.03 UTILITY AND NON -HIGHWAY FACILITY DELAYS...................................................3 8.04 CONTRACTOR'S RESPONSIBILITY FOR THE WORK ANDMATERIALS..............................................................................................................3 8.05 RELIEF FROM MAINTENANCE AND RESPONSIBILITY............................................4 8.06 PROPERTY RIGHTS IN MATERIALS..............................................................................4 8.07 RE-EXAMINATION OF WORK.........................................................................................4 8.08 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK.......................................4 SECTION 9 - MEASUREMENT AND PAYMENT 9.01 MEASUREMENT OF QUANTITIES ............................................. 9.02 SCOPE OF PAYMENT................................................................... 9.03 PROGRESS PAYMENTS............................................................... 9.04 PAYMENT OF WITHHELD FUNDS ............................................ 9.05 FINAL PAYMENT AFTER COMPLETION OF WORK .............. 9.06 FORCE ACCOUNT PAYMENT .................................................... ATTACHtv1�a -`NT A� .....................................5 .....................................5 .....................................5 .....................................6 .....................................6 .....................................6 CITY HALL INTERIOR IMPROVEMENTS 2013 CONTRACT PROVISIONS • INDEX CONTRACT PROVISIONS k�Ziwww�i Cll �TiFQl1�l►[�7�11 7.01 Notice to Proceed - Contractor shall commence work within the number of days designated in the Bid Proposal after written notice to do so by Engineer. Time for completion of work will be computed from date of said notice to commence work. The allowable time for completion of the work is set forth in the Proposal. 7.02 Contract Documents - Contract documents which shall constitute the entire contract for said work include the following: a. Notice to Bidders b. Instructions to Bidders c. All Addenda Issued d. Accepted Proposal e. Subcontractors Statement f. Non -Collusion Affidavit g. Contract h. Faithful Performance Bond i. Labor and Material Bond j. Plans and Drawings k. Special Provisions 1. Uniform Construction Standards Cities and County of Marin in. The latest version of the California State Standard Specifications and Califorina State Standard Plans 7.03 Furnishing of Plans and Specifications - The City will furnish without cost to Contractor sufficient copies of the plans and specifications. 7.04 Coordination of Plans and Specifications - The specifications, the plans, and all supplementary documents are essential parts of the contract. All re- quirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. In case of conflict, Special Provisions shall govern over the Plans and the State Standard Specifications unless otherwise noted. 7.05 Extra Work - New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there are bid prices. The Contractor shall not do extra work except upon written order from the City Engineer. For such extra work, the Contractor shall receive payment as pre- viously agreed upon in writing, or he shall be paid on force account as provided in Section 9.06 of these contract provisions. 7.06 Removal of Obstructions - Where the completion of the work requires their removal, the Contractor shall remove and dispose of all structures, debris, or other obstructions encountered in making the improvement. Unless otherwise provided in the Special Provisions, full compensation for performing this work shall be considered as included in ,the contract payments for other items of work and no additional compensation will be allowed therefor. 7.07 Disposal of Materials - The Contractor shall make his own arrangement for disposing of materials outside the public right-of-way, construction area, or limits of work, and he shall pay all costs involved. Full compensation for all costs involved in disposing of materials shall be considered as included in the price paid for the contract item of work involving such materials. 7.08 Sanitation - The Contractor shall provide all necessary privy accommodations for the use of his employees on the work and shall maintain same in a clean and sanitary condition. 7.09 Trench Shoring - If the amount bid for the excavation of any trench or trenches five (5) feet or more in depth is in excess of Twenty-five Thousand Dollars ($25,000.00) then the following requirements shall apply pursuant to Section 6422 of the Labor Code. Prior to excavation of any trench or trenches five (5) feet or more in depth the Contractor shall submit to and have approved by City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. 7.10 Final Cleaning Up - Before acceptance and final payment, the Contractor shall clean all streets, roads, borrow pits, work areas, staging areas, and all ground occupied by the contractor in connection with the work, of all rubbish, excess materials, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition. Natural ground cover disturbed by haul roads shall be restored to its condition prior to inspection of the work. 7.11 Errors and Omissions - If the Contractor, in the course of the work, finds any error or omission in plans or in the layout as given by the plans and the physical conditions of the locality, he shall promptly notify the Engineer. Any work done after such discovery, unless authorized in writing, shall be done at the Contractor's expense. CITY HALL I'; i T--1,1OR IMPRO% 1-MIENTS 2013 CONTRACT PROVISIONS • 1 CONTRACT PROVISIONS 7.12 No Personal Liability - Neither the Governing Body, Director of Public Works, nor any other officer or authorized agent or assistant of the City shall be personally responsible for any liability arising under the contract. 7.13 Responsibility of City - The City shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications or the Special Provisions. 7.14 Right -of -Way - The right-of-way for the work to be constructed shall be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right-of-way, unless otherwise provided in the Special Provisions. SECTION 8 - PROGRESS OF WORK 8.01 Suspension of Contract - If at any time, in the opinion of the Director of Public Works, the Contractor has failed to supply adequate and suitable equipment, work force, or material, or has failed in any other respect to prosecute the work with the dili- gence specified and intended in and by the terms of the contract, written notice thereof will be served upon the contractor. If the contractor neglects or refuses to comply with the contract, as directed by the Director of Public Works, within the time specified in such notice, the City may suspend operation of the contract. Upon receiving notice of suspension, the Contractor shall discontinue said work, or such parts of it as the Director of Public Works may designate. Upon suspension, the Contractor's control shall terminate, and the City may do all or any combination of the following: a. The Director of Public Works or his duly authorized representative may take possession of all or any part of the Contractor's materials upon the premises; use same to complete the contract; hire such forces, buy or rent machin- ery, tools, appliances and equipment; and buy such additional materials and supplies as may be necessary for the proper conduct of the work and completion thereof. b. Employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the City may deem proper. c. The Director of Public Works may annul and cancel the contract and relet the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of suspension, all money due the Contractor, or retained under the terms of this contract, shall be forfeited toward any excess of cost over the contract price, aris- ing from the suspension and completion of work by the City as above provided. The Contractor will be credited with any surplus remaining after all just claims for such completion have been paid. On the completion of the contract, the original Contractor shall be entitled to the return of all his unused materials, and his equipment, tools and appliances, except that he shall have' no claim on account of usual and ordinary depreciation, loss, and wear and tear. The Director of Public Works's determination whether there has been non-compliance with the contract which warrants the suspension or annulment thereof, shall be binding and conclusive. 8.02 Temporary Suspension of Work - The Director of Public Works shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary for the Contractor to correct portions of the work which are faulty due to the failure on his part to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Director of Public Works to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods corrected, as ordered or approved in writing by the Director of Public Works. In the event that a suspension_ of work is ordered, as provided above, by reason of the failure of the Contractor to carry out orders or to perform any provision of the contract; or by reason of unsuitable weather conditions when in the sole opinion of the Director of Public Works any item or items of work could have been performed prior to the occurrence of such unsuitable weather conditions had the Contractor diligently prosecuted the work; the Contractor, at his expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during period of such suspension, as provided in Section 12 of these specifications and as specified in the Special Provisions for the work. In the event that the Contractor fails to perform the work above specified, the City will perform such work and the cost thereof will be deducted from moneys due or to become due the Contractor. CITY HALL INTERIOR IMPROVEMENTS 2013 CONTRACT PROVISIONS - 2 CONTRACT PROVISIONS In the event that a suspension of work is ordered by the Director of Public Works due to unsuitable weather conditions, and in the sole opinion of the Director of Public Works, the Contractor has prosecuted the work with energy and diligence prior to the time that operations were suspended, the cost of providing a smooth and unobstructed passageway through the work will be paid for as extra work as provided in Section 7.05 of these specifications, or at the option of the Engineer, such work will be performed by the City at no cost to the Contractor. If the Director of Public Works orders a suspension of all of the work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or to such other conditions as are considered unfavorable to the suitable prosecution of the work, the days on which the suspension is in effect shall not be considered working days. If a portion of work at the time of such suspension is not a current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations. If a suspension of work is ordered by the Director of Public Works, due to the failure on the part of the Contractor to carry out orders given or to perform any provision of the contract, the days on which the suspension order is in effect shall be considered work= ing days if such days are working days within the meaning of the definition set forth in Section 5.04 "Time of Completion." In the event of a suspension of work under any of the conditions set forth in this Section, such suspension of work shall not relieve the Contractor of his responsibilities as set forth in Section 12, "Responsibility to the Public." 8.03 Utility and Non -Highway Facility Delays - It is anticipated that some or all of the utility and other non -highway facilities, both above ground and below ground, that are required to be rearranged (as used herein, rearrangement includes installation, relocation, alteration or removal) as part of the improvements will be rearranged in advance of construction operations. Where it is not anticipated that such rearrangement will be performed prior to construction, or where the rearrangement must be coordinated with the Contractor's construction operations, the existing facilities that are to be rearranged will be indicated on the plans or in the Special Provisions. Where a rearrangement is indicated on the plans or in the Special Provisions, the Contractor will have no liability for the costs of performing the work involved in such rearrangement. The right is reserved to the City and the owners of facilities, or their authorized agents, to enter upon the right-of-way, facility or project limits for the purpose of making such changes as are necessary for the rear- rangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his/her operations in such a manner as to avoid any unnecessary delay or hin- drance to the work being performed by such other forces. Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non -highway facilities, and the Contractor shall make arrangements with the owner of such facilities for the coordination of the work. Any utility or other non -highway facility necessary to be rearranged but not included as a contract item of work shall be rearranged by the Contractor when or- dered by the Director of Public Works in writing. Any such work will be paid for as extra work. Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for his/her convenience in order to facilitate his/her construction operations, which rearrangement is in addition to, or different from the rearrangements indicated on the plans or in the Special Provisions, he shall make whatever arrangements are necessary with the owners of such utility or other non - highway facility for such rearrangement and bear all expenses in connection therewith. Attention is directed to the possible existence of underground facilities not known to the City or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service. Where it is determined by the Director of Public Works that the rearrangement of an underground facility, which is not shown on, the plans or in the Special Provisions, is essential in order to accommodate the improvement, the Director of Public Works will provide for the rearrangement of such facility by other forces or such rearrangement shall be performed by the Contractor and will be paid for as extra work. Any delays to the Contractor's operations solely because utility or other non -highway facilities are not rearranged, as provided in this Section, due to a strike or labor dispute, or delays caused by the utility will entitle the Contractor to an extension of time as provided in Section 5.05 "Liquidated Damages." The Contractor shall be entitled to no compensation for such delay. 8.04 Contractor's Responsibility for the Work and Materials - Until acceptance, the Contractor shall CITY HALL INTERIOR IMPROVEMENTS 2013 CONTRACT PROVISIONS • 3 CONTRACT PROVISIONS have the charge and care of the work and of the materials to be used therein (including materials for which he has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause whatsoever, except as provided in Section 8.05, "Relief from Maintenance and Responsibility." The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. Where necessary to protect the work or materials from damage, the Contractor shall, at his expense, provide suitable drainage of the roadway and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the Director of Public Works, the Contractor shall, at his/her expense, properly store materials which have been partially paid for by the City or which have been furnished by the City. Such storage by the Contractor shall be on behalf of the City and the City shall at all times be entitled to the possession of such materials. The Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the stored materials unless authorized in writing by the Director of Public Works. 8.05 Relief from Maintenance and Responsibility - If the Contractor requests, the Director of Public Works may relieve him of the duty of maintaining and protecting certain portions of the work as described below, which have been completed in all respects in accordance with the Director of Public Works. Thereafter, except with his consent, the Contractor will not be required to do further work thereon. Such action by the Director of Public Works will relieve the Contractor of responsibility for injury or damage to the completed portions of the work resulting from use by public traffic, the action of the elements, or any other cause, other than injury or damage resulting from the Contractor's own operations or his negligence. Portions of the work for which the Contractor may be relieved of the duty of maintenance and protection, as provided in the above paragraph, include, but are not limited to, the following: a. The completion of one-quarter mile of roadway, one-quarter mile of one roadway of a divided highway, a frontage road including the traveled way. b. Shoulders, drainage control facilities, planned roadway protection work, lighting and required traffic control and access facilities appurtenant to the work described in sub -paragraph (1). c. A bridge or other structure of major impor- tance. d. A complete unit of a traffic control signal system or of a highway lighting system. e. A complete unit of highway protection work. f Required traffic control and access facilities if the roadway or structure is to be used by public traffic before completion of the contract. g. Non -highway facilities constructed for other agencies. Requests for relief of maintenance shall be made in writing to the Director of Public Works. Relief -of maintenance for any protion of the work shall be left to the discretion of the Public Works Director. The contractor shall not be entitled to any compensation for denial of such request. ' Nothing in this Section providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for cor- recting defective work or materials discovered at any time before the formal written acceptance of the entire contract. 8.06 Property Rights in Materials Nothing in the contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil, or after payment has been made for 90 percent of the value of materials delivered to the site of the work, or stored subject to or under the control of the City. All such materials shall become the property of the City upon being so attached or affixed or upon payment.of 90 percent of the value of materials delivered to the site of the work, or stored subject to or under the control of the City. 8.07 Re-examination of Work - Re-examination of any work may be ordered by the Director of Public Works or his/her representative, and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of the re- examination and replacement. If such work does not comply with the contract documents, the Contractor shall pay the costs. 8.08 Removal of Defective and Unauthorized Work - All work which has been rejected as defective in its construction, or deficient in any of the requirements of CITY HALL INTERIOR IMPROVEMENTS 2013 CONTRACT PROVISIONS • 4 CONTRACT PROVISIONS these specifications, shall be remedied or removed and replaced by the Contractor in an acceptable manner. No compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Director of Public Works, and any extra work done without order by the Director of Public Works, will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. If the Contractor fails to comply forthwith with any order of the Director of Public Works or his/her representative made under the provisions of these specifications, the Director of Public Works or his/her representative shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. SECTION 9 - MEASUREMENT AND PAYMENT 9.01 Measurement of Quantities - Measurements of the completed work shall be in accordance with United States Standard Measures and the units of mea- surement for payment, and the limits thereof, shall be as shown in the contract. In determining quantities, all measurements shall be made as constructed unless otherwise specified. Material paid for by the ton shall be weighed on platform scales furnished by the Contractor, or on public scales at the expense of the Contractor. A ton shall consist of 2,000 pounds avoirdupois. Weigh tags shall be turned in to the City Inspector on the job at the time weighted materials are delivered. Scale sheets may be required by the Director of Public Works or his/her representative at any time subsequent to delivery of weighted material. When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or if when requested by the Contractor and approved by the Director of Public Works or his/her representative, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight mea- surement to volume measurement will be determined by the Director of Public Works or his/her representative and shall be agreed to by the Contractor before such method of measurement will be adopted. All expense incurred in conforming to the above requirements for measuring the weighing materials shall be as included in the contract unit prices paid for the materials being measured or weighed. No addi- tional allowance will be made therefor. Quantities of material wasted or disposed of in a manner not called for under the contract, rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of 'the contract, material not unloaded from the transporting vehicles, material placed outside the lines indicated on the plans or given by the Director of Public Works or his/her representative, or material remaining on hand after completion of the contract will not be paid for, and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material. 9.02 Scope of Payment - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all plant, labor, materials, tools, equip- ment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; also for loss or damage arising from the nature of the work, action of the elements, unforeseen difficulties which may be encountered during the prosecution of the work, expenses incurred in consequence of the suspension or discontinuance of the work as herein specified, and for completing the work according to plans and specifications. Neither the payment of any estimate nor retained percentage shall relieve the Contractor of his obligation to correct defective work or material. 9.03 Progress Payments - The Director of Public Works or his/her representative will, once a month, on or about the 25th of each month, make an inspection of the work in progress and prepare an estimate of the amount of work completed since the last such inspection or start of work. Monthly progress payments in the amount of 95 percent of the value of the work will be made to the Contractor based on this estimate and the schedule of prices contained in the accepted bid. The remaining 5 percent will be retained by the City as partial security for the fulfillment of the contract except that at any time after fifty (50) percent of the work has been completed, if the Director of Public Works or his/her representative finds that satis- factory progress is being made and the projects critical path of work are on schedule, the City may discontinue any further retention. Such discontinuance will only be made upon the written request of the Contractor. The City may, at any time the Engineer finds that satisfactory progress is not being made, again institute retention of five (5) percent as specified above. Payment will be made as soon as possible after the preparation of the estimate. No estimate or payment shall be made if, in the judgment of the Director of Public Works or his/her representative, the work is not proceeding in accordance with the provisions of the contract, or when, in his judgment, the total value of the work done since the last estimate amounts to less than $1,000. No progress payments will be made if the time allotted for the job is 30 working days or less. CITY HALL INTERIOR IMPROVEMENTS 2013 CONTRACT PROVISIONS • 5 CONTRACT PROVISIONS Additionally, as a precondition to City's progress payments hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code §3262(d)(2) from each Subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code §3262(d)(2). 9.04 Payment of Withheld Funds - At the request and expense of the Contractor, securities may be substituted for funds withheld by the City. Any such securities shall be deposited in escrow with the City's Finance Director or with a state or federally chartered bank. The following conditions shall apply to any such deposit of securities. a. The eligible securities shall be those listed in Section 16430 of the California Code, bank, or savings and loan certificates of deposit. b. The Contractor shall bear the expense of the City and the escrow agent, either the City Finance Director or the bank, in connection with the escrow deposit made. c. Securities or certificates of deposit to be placed in escrow shall be subject to approval of the City Finance Director and unless otherwise permitted by the escrow agreement, shall be of a value of at least 110 percent of the amounts of retention to be paid to the Contractor pursuant to this section. d. The Contractor shall enter into an escrow agreement satisfactory to the City Finance Director which agreement shall contain as a minimum the following provisions: 1. The amount of securities to be deposited. 2. The terms and conditions of conversion to cash in case of default by the Contractor. 3. The termination of the escrow upon completion of the contract. 9.05 Final Payment After Completion of Work - The Director of Public Works or his/her representative shall make a final estimate of the amount of work done and the value of such work. The City shall pay this entire sum after deducting all previous payments and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until 35 days after the recording of the Notice of Completion. Additionally, as a precondition to City's final payment hereunder, Contractor shall provide to City, prior to payment, unconditional waivers and releases of stop notices pursuant to Civil Code §3262(d)(4) from each Subcontractor and materials supplier. The form of said waivers and releases shall be as set forth in Civil Code §3262(d)(4). 9.06 Force Account Payment - Extra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Director of Public Works, or by force account. When payment is made on a force account basis the amount shall be determined in accordance with Section 9-1.04 of the State Standard Specifications. CITY HALL INTERIOR IMPROVEMENTS 2013 CONTRACT PROVISIONS • 6 GENERAL PROVISIONS TABLE OF CONTENTS SECTION 10 -CONTROL OF THE WORK.............................................................................................................1 10.01 AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS AND ENGINEER.......................................1 10.02 PLANS........................................................................................................................................................1 10.03 SUGGESTIONS TO CONTRACTOR................................................................................................:......1 10.04 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATION.......................................................1 10.05 INTERPRETATION OF PLANS AND SPECIFICATIONS.....................................................................1 10.06 SUPERINTENDENCE...............................................................................................................................1 10.07 CHARACTER OF WORKMEN................................................................................................................1 10.08 LINES AND GRADES...............................................................................................................................1 10.09 PRESERVATION OF STAKES............................................................................................................:....2 10.10 INSPECTION.......................................................................................................................:.....................2 10.11 RIGHT OF ACCESS TO STREET.............................................................................................................2 10.12 PLACING PORTIONS OF WORK IN SERVICE.....................................................................................2 10.13 EXTENT OF TRENCH OPENED UP.......................................................................................................2 10.14 RESTORATION OF INJURED PROPERTY............................................................................................2 10.15 MONUMENTS...........................................................................................................................................2 10.16 STOP WORK ORDER...............................................................................................................................2 10.17 FINAL INSPECTION.................................................................................................................................2 SECTION 11- CONTROL OF MATERIAL..............................................................................................................3 11.01 SOURCE OF MATERIALS.......................................................................................................................3 11.02 SAMPLES AND TESTS............................................................................................................................3 11.03 CITY FURNISHED MATERIALS...........................................................................................................3 11.04 STORAGE OF MATERIALS....................................................................................................................3 11.05 DEFECTIVE MATERIALS...........................................................................:...........................................3 11.06 TRADE NAMES, ALTERNATIVES AND SUBSTITUTIONS...............................................................3 11.07 SUBSTITUTIONS......................................................................................................................................4 11.08 CERTIFICATES OF COMPLIANCE........................................................................................................4 SECTION 12 - RESPONSIBILITIES TO THE PUBLIC..........................................................................................4 12.01 LAWS TO BE OBSERVED.......................................................................................................................4 12.02 VEHICLE CODE........................................................................................................................................6 12.03 AIR POLLUTION......................................................................................................................................6 12.04 STORM WATER POLLUTION PREVENTION.......................................................................................6 12.05 WEIGHT LIMITATIONS..........................................................................................................................8 12.06 PERMITS AND LICENSES.......................................................................................................................9 12.07 SAFETY PROVISIONS.............................................................................................................................9 12.08 USE OF EXPLOSIVES..............................................................................................................................9 12.09 PRESERVATION OF PROPERTY...........................................................................................................9 12.10 RESPONSIBILITY FOR DAMAGE..........................................................................................................9 12.11 DISPOSAL OF MATERIAL OUTSIDE THE RIGHT-OF-WAY.............................................................10 12.12 PUBLIC SAFETY......................................................................................................................................10 12.13 PUBLIC CONVENIENCE.........................................................................................................................11 12.14 MAINTENANCE OF TRAFFIC................................................................................................................12 12.15 STREET CLOSURES AND DETOURS....................................................................................................12 12.16 HAUL ROUTES.........................................................................................................................................12 SECTION 13 - UNDERGROUND OBSTRUCTIONS................................................................................................12 13.01 EXISTING UTILITIES SHOWN ON PLANS...........................................................................................12 13.02 NOTIFICATION OF UTILITIES...............................................................................................................12 13.03 DAMAGE TO UTILITIES AND SEWERS...............................................................................................13 13.04 UTILITY RELOCATION...........................................................................................................................13 13.05 TREE ROOTS.............................................................................................................................................13 CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • INDEX GENERAL PROVISIONS SECTION14 - DUST CONTROL................................................................................................................................13 SECTION15 - WATER.................................................................................................................................................13 SECTION 16 - REFERENCE TO STATE SPECIFICATIONS................................................................................13 0171 HAI 6ESERAL PRO%!SIONS • INDE\ GENERAL PROVISIONS SECTION 10 - CONTROL OF THE WORK 10.01 Authority of the Director of Public Works and his/her Representative - The Director of Public Works or his/her representative shall decide all questions concerning quality or acceptability of materials furnished and work performed, manner of performance, rate of progress, interpretation of plans and specifications, compensation for work performed and all questions as to the acceptable fulfillment of the contract by the Contractor. The Director of Public Works or his/her representative's decision shall be final, and he shall have authority to enforce and effectuate such decisions and orders as the Contractor fails to carry our promptly. On all work where a private Engineer has furnished the design or been designated Engineer of Work by the owner, his approval of proposed changes, materials, quality of work, manner of performance, rate of progress, and interpretation of plans and specifications shall be sought and obtained in addition to the approvals granted by the Director of Public Works or his/her representative. 10.02 Plans - All authorized alterations which affect the requirements and information given on the approved plans shall be in writing. No changes shall be made to any plan or drawing after it has been approved by the Director of Public Works or his/her representative, except by his written consent. Working drawings or plans for any structure not included in the plans furnished by the Engineer must be approved by the Director of Public Works or his/her representative before any work involving these plans is performed. The approval of any drawing or method of work proposed by the Contractor shall not relieve him of his responsibility for errors therein and shall not be regarded as assumption of risk or liability by the City or officer or employee thereof. The Contractor shall have no claim under the contract due to failure, partial failure, or inefficiency of any plan or method so ap- proved. Such approval shall be construed only to mean that the Director of Public Works or his/her representative has no objection to the Contractor's using, upon his own full responsibility, the plan or method proposed. A complete and up-to-date set of approved plans and specifications shall be kept at the job site at all times work is in progress. 10.03 Suggestions to Contractor - Any plan or method for work suggested by the Director of Public Works or his/her representative to the Contractor, but not specified or required, if adopted or followed- by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. Neither the Director of Public Works or his/her representative nor the City shall assume any responsibility therefore. 10.04 Conformity with Plans and Allowable Deviation - Finished surfaces in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined, in all cases, by the Director of Public Works or his/her representative. 10.05 Interpretation of Plans and Specifications - If it appears that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the Director of Public Works or his/her representative for further explanations as necessary, and shall conform to such explanation or interpretations as part of the contract. In the event of a discrepancy be- tween scaled dimensions and written figures, the figures shall be taken as correct. 10.06 Superintendence - Before initial work is begun, the Contractor and his foreman shall file with the Director of Public Works or his/her representative addresses and telephone numbers where they can be reached during workingand non -working hours. The Contractor shall be on the work constantly during its progress or shall be represented by a superintendent or foreman who is competent to receive and carry out any instructions that may be given him by the proper authorities. The Contractor will be held liable for faithful observance of any instructions which may be delivered to him or his representative, on the work or at the addresses or telephone numbers filed as required by the preceding paragraph. 10.07 Character of Workmen - If any subcontractor or person employed by the Contractor fails or refuses to cavy out the directions of the Director of Public Works or his/her representative or appears to the Director of Public Works or his/her representative to be incompetent or acts in a disorderly or improper manner, he shall be discharged immediately on demand by the Director of Public Works or his/her representative, and such person shall not again be employed on the work. 10.08 Lines and Grades - Lines and grades for the work will be given by the Director of Public Works or his/her representative. All distances and measurements are given and will be made in a horizontal plane, unless otherwise provided. Grades are given from top of stakes CITY HALL INI PR10R 1A1NWA ] M]i `,TS 2013 GENERAL PROVISIONS GENERAL PROVISIONS or nails, or other points set by the Director of Public Works or his/her representative. Three consecutive points shown on the same rate of slope must be used together, in order to detect any variation from a straight grade. In case any such variation is found, it must be reported to the Director of Public Works or his/her representative. If such a varia- tion is not reported the Contractor shall be responsible for any error in the finished work. The Contractor shall give at least 2 working days' notice when he will require the services of the Director of Public Works or his/her representataive for laying out any portion of the work. 10.09 Preservation of Stakes - The Contractor shall take every reasonable precaution to preserve survey stakes, used for alignment of grade, to facilitate check- ing by the Director of Public Works or his/her representative. Stakes unnecessarily disturbed shall be re -set by the Engineer or Director of Public Works or his/her representative at the Contractor's expense or by the Director of Public Works or his/her representative. In case of disputed grades, it shall be assumed that any lost or disturbed stake was set at the proper grade and alignment was properly marked. 10.10 Inspection - The Director of Public Works or his/her representative shall have access to the work at all times during construction, and shall be furnished with every reasonable facility to determine the progress, workmanship, and character of materials used and em- ployed in the work. The Contractor shall give the Director of Public Works or his/her representative notice of the time when he or his subcontractor will start the various units or opera- tions of the work, or resume said units or operations when properly suspended. Notice shall be given at least 1 working day in advance of the starting or resumption time. Any work performed by the Contractor or his subcontractors outside the scope of the notice shall be removed if so ordered by the Director of Public Works or his/her representative on the work. 10.11 Right of Access to Street - The right is reserved to the City, street, railroads, water, sewer, gas, electric, telephone, T.V. and telegraph companies to enter upon the street for the purpose of making repairs, changes and new installations necessitated by the improvement thereof, or for necessary maintenance. Making of repairs, changes and new installations necessitated by the improvement causing delays to the Contractor shall be approved by the Director of Public Works or his her representative. The Director of Public Works or his ber representative and Contractor shall agree upon any time delay or monetary damage in writing as a supplemental agreement. 10.12 Placing Portions of Work in Service - If requested by the City, portions of the work, as completed, shall be placed in service. The Contractor shall give proper access to the work for this purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under the contract is finally accepted. 10.13 Extent of Trench Opened Up - In existing roadways, no more than 380 ft (152 m) of trench shall be open at any given time. An open trench is a trench which has not been completely backfilled, satisfactorily compacted, and in paved areas, capped with at least 25 mm (1 -inch) of temporary paving. This requirement may be modified only upon written permission from the Director of Public Works or his/her representative, unless otherwise specified in the Special Provisions. 10.14 Restoration of Injured Property - The Contractor shall restore all injured property, including curbs, gutters, pavements, sidewalks, pipes, conduits, sewers, and other public and/or private property to a condition as good as, or better than, it was when he entered upon the work. 10.15 Monuments - The Contractor shall not disturb any survey monument until the monument rivet, disc, or reference mark therein has been "tied out" by. a field survey party of the City. The ,Contractor shall salvage and deliver to the City, all monument castings removed during the progress of the work. The City will, at its expense, do the necessary surveying and reconstruct all City Survey monuments necessarily disturbed by the Contractor's operations. In the event that the Contractor disturbs any City survey monument before same has been "tied out" by the City or unnecessarily disturbs any City survey monument during construction operations, the City will reset such monuments at the expense of the Contractor. 10.16 Stop Work Order Whenever work is proceeding contrary to plans or specifications, or in violation of applicable ordinances or laws, or in such way as to endanger life or property, the Director of Public Works or his/her representative may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and such persons shall forthwith stop such work until authorized to proceed by the Director of Public Works or his/her representative. 10.17 Final Inspection - Whenever the work provided and contemplated by the contract shall have been CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS - 2 GENERAL PROVISIONS completed and the final cleaning up performed, the Director of Public Works or his/her representative will make the final or completion inspection. SECTION 11 - CONTROL OF MATERIAL 11.01 Source of Materials - Prior to commencement of any work, the Contractor shall submit to the Director of Public Works or his/her representative, a list of the suppliers or sources of all materials to be incorporated in the work. This list shall be approved by the Director of Public Works or his/her representative before any of the materials are brought to the job site. Notwithstanding any prior inspection or approval, only materials conforming to the requirements of these specifications and the Special Provisions shall be incorporated in the work. The materials furnished and used shall be new, except as may specifically be provided on the plans or in the Special Provisions. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the plans and specifications. 11.02 Samples and Tests - Submittal of representative preliminary samples of materials to be used in the work may be required by the Director of Public Works or his/her representative if specified in the Special Provisions. All tests of materials furnished or work done by the Contractor shall be made, in accordance with the methods in use by the laboratory of Caltrans or by commonly recognized standards of national organiza- tions, and such special methods and tests as are prescribed in these specifications. Whenever a reference is made in the specifications to a test method, it shall mean the test method in effect on the day the City adopted or approved the plans and specifications for the work unless specifically referred to by edition, volume or date. Materials may be tested at any time during the progress of the work, and defective materials will be rejected. 11.03 City Furnished Materials - Materials furnished by the City will be made available at locations designated in the Special Provisions. The cost of han- dling and placing City furnished materials shall be considered as included in the price paid for the contract item involving such materials. The Contractor will be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City furnished materials lost or damaged by the Contractor shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City - furnished material and such costs may be back -charged to the Contractor or deducted from any monies due or to become due. 11.04 Storage of Materials - Materials shall be stored in a manner which will insure the preservation of their quality and fitness for the work. When considered nec- essary by the Director of Public Works or his/her representative, materials shall be placed on platforms or other hard, clean surfaces and covered when directed. Materials shall be stored so as to facilitate inspection. No materials, or other obstructions, shall be placed within 4.6 in (15 feet) of, nor obstruct access to, fire hydrants, nor within 1.5 in (5 feet) of United States mailboxes. 11.05 Defective Materials - All materials which do not conform to the requirements of these specifications shall be considered as defective, and such materials, whether in place or not, shall be rejected and immediately be removed from the site of the work, unless otherwise permitted by the Director of Public Works or his/her representative. No rejected material, the defects of which have been subsequently corrected, shall be used until approved by the Director of Public Works or his/her representative. If the Contractor fails to comply with any order made under the provisions of this article, the Director of Public Works or his/her representative shall have authority to remove and replace the defective material, to charge the Contractor, or to deduct the cost of removal and replacement from any monies due or to become due. 11.06 Trade Names, Alternatives and Substitutions - For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and his catalog information. Such designation shall, in accordance with Govt. Code Section 4380, be deemed followed by the words "or equal." The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: A. The burden, of proof as to the quality and suitability of alternatives shall be upon the Contractor. He shall furnish all necessary information as required by the Engineer or Director of Public Works or his/her representative. B. The Director of Public Works or his/her representative shall be the sole judge as to the quality and suitability of alternative articles or materials and his decision shall be final. CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 3 GENERAL PROVISIONS C. Requests for substitution of equivalent materials or articles shall be submitted to the Director of Public Works or his/her representative in writing along with the required supplementary data within 7 days following award of the contract or as specified in the Special Provisions. 11.07 Substitutions - The Contractor shall furnish such information, test data, samples or references requested by the Director of Public Works or his/her representative so that an accurate appraisal of any proposed substitution can be made. Approval of substitutes will be in writing. 11.08 Certificates of Compliance - A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the Special Provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the Special Provisions, the Director of Public Works or his/her representative may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications and any such material not conforming to such requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. SECTION 12 - RESPONSIBILITIES TO THE PUBLIC 12.01 Laws to be Observed - The Contractor shall keep himself fully informed of all State and Federal laws and County and Municipal ordinances and reg- ulations which, in any manner, affect those engaged or employed in the work, the materials used in the work, the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the work, including but not limited to the Director of Public Works or his/her representative against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the Director of Public Works or his/her representative. A) General Prevailing Wage Rates Reference is made to the list of General Prevailing Wage Rates set forth by the Director of Industrial Relations, State of California, pursuant to the California Labor Code. Copies of said Wage Rates are, on file in the Public Works Department of the City of San Rafael, City Hall, Room 300, San ' Rafael, California, and are available to any ' interested party upon request. Contractor shall post a, copy of the General Prevailing Wage Rates; which are a part of this Contract, on each job site as required by the California Labor Code. . Certified copies of Contractor's payroll shall be provided owner upon request. B) Fair Employment Practices Provisions, In connection with the performance of work under this . contract, the Contractor agrees as follows: (1)The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 4 GENERAL PROVISIONS notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practices section. (2)The Contractor will send to each labor union or representative of workers with which lie has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (3) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment Practices Commission, the awarding authority or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (4) Finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, if any, and for refusing to establish, re-establish or renew a prequalification rating for the Contractor. The awarding authority shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices' Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the awarding authority shall notify the Contractor that unless he demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period. (5) The Contractor agrees that should the awarding authority determine that the Contractor has not complied with the Fair Employment Practices section of this contract, then pursuant to Labor Code Sections 1735 and 1775, the Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, $_ for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The awarding authority may deduct any such damages from any monies due the Contractor. (6)Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to prevent the awarding authority from pursuing any other remedies that may be available at law. Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit the hiring of aliens on public works, as prohibited by the provisions of Section 1850 of the California Labor Code, or an employee not permitted by the National Labor Relations Act. (7) Prior to the award of the contract, the Contractor shall certify to the awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (a) The Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors; foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (b) The Contractor shall provide evidence, as required by the awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (c) The Contractor shall file a basic compliance report, as required by the awarding authority. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) Personally, or through his representatives, the Contractor shall, through negotiations with the unions with whom he has agreements, attempt to develop an agreement which will: CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 5 GENERAL PROVISIONS • Spell out responsibilities for non- discrimination in hiring, referral, upgrading and training. • Otherwise implement an affirmative anti- discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given an equal opportunity for employment. • The Contractor shall notify the contracting agency of opposition to the anti- discrimination clause by individuals, firms or organizations during the period of its prequalification. (8) The Contractor will include the provisions of the foregoing paragraphs 1 through 7 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (9) The form of certificate required herein is illustrated on the page immediately following the signature page of the proposal. This certification must be executed prior to award of the contract or, for convenience, may be executed on the form provided at the time of submitting the proposal. 12.02 Vehicle Code - Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehicle Code will apply. The lighting requirements in Section 25803; the brake requirements in Chapter 3, Division 12; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or structures except as otherwise provided in Section 12.05 Weight Limitations, the weight limitation requirements contained in Division 15. Attention is directed to the statement in said Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. Any other requirements set forth in Division 11, 12, 13, 14 and 15 of the Vehicle Code which the City, pursuant to the Authority contained in Vehicle Code Section 591, will require compliance with, will be set forth in Special Provisions. 12.03 Air Pollution - The Contractor's attention is directed to Regulations of the Bay Area Air Pollution Control District regarding disposal of debris or other materials, not used in the work including any air pol- lution control rules, regulations, ordinances and status, specified in Section 11017 of the Government Code. 12.04 Storm Water Pollution Prevention — The intent of these provisions is to enforce federal, state, and other local agencies regulations designed to eliminate storm water pollution. Storm drains discharge directly to creeks and the Bay without treatment; Storm water pollution due to construction operations shall be controlled by keeping pollution out of storm drain systems, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and sedimentation. In this section, the term "storm drain system" shall refer to any storm water conduits, storm drain inlets and other storm drain structures, street gutters, channels, watercourses, creeks, lakes and the San Francisco Bay. A) Material Storage. In addition to the provisions specified in section 11.04, the Contractor shall comply with the following practices for materials storage: The Contractor shall propose designated areas of the project site, for approval by the Director of. Public works or his/her representative, suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and at least 10' away from catch basins, gutters, drainage courses, and creeks. During wet weather or when rain is forecast within 72 hours, the Contractor shall store materials that can contaminate rainwater or, be transported by storm water or other runoff to the storm drain system inside a building or cover them with a tarp or other waterproof material secured in a manner that would prevent any of the materials from contacting the rainwater. The storage and disposal of all hazardous materials such as paints, thinners; solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state, and local standards and requirements. B) Street Sweeping. At the end of each working day or as directed by the Director of Public,Works or his/her representative, the Contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work. The Contractor shall not use water to flush down streets in place of street sweeping. C) Hazardous/Waste-Management. The storage and disposal of all :hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 6 GENERAL PROVISIONS antifreeze; shall comply with all federal, state, and local standards and requirements. When rain is forecast within 72 hours or during wet weather, the Director of Public Works or his/her representative may prevent the Contractor from applying chemicals in the outside areas. D) Spill Prevention and Control. The Contractor shall take any and all precautions to prevent accidental spills during the work under this contract. The Contractor shall keep a stockpile of spill cleanup materials such as rags or absorbents, readily accessible on-site. In the event of a spill, the Contractor shall immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean up and dispose of the waste and clean up materials. If the waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks. E) De -watering Operations. All groundwater removed from the trench must be de -silted prior to discharging it into the storm drain system through filtering materials methods meeting the Association of Bay Area Governments (BAG) Standards For Erosion & Sediment Control Measures and/or through methods and procedures described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition). The Contractor shall reuse the water for other needs, such as dust control and irrigation, to the maximum extent practicable. The rinse water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer. F) Pavement Saw -cutting Operations. The Contractor shall prevent any saw -cutting debris from entering the storm drain system. The Contractor, preferably, shall use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all waste water by constructing a sandbag sediment barrier. The beamed area shall be of adequate size to collect all waste water and solids. The Contractor shall allow collected water to evaporate if the waste water volume is minimal and if maintaining the ponding area does not interfere with public use of the street area or create a safety hazard. If approved by the Director of Public Works or his/her representative, the Contractor may direct or pump saw -cutting waste water to a dirt area and allow to infiltrate. The dirt area shall be adequate to contain all the waste water. After waste water has infiltrated, all remaining sawcutting residue must be removed and disposed of properly. With the approval of the Director of Public Works or his/her representative, de -silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the approval of the Director of Public Works or his/her representative, the Contractor shall filter the saw -cutting waste water through filtering materials and methods. meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging to the storm drain. G) Pavement Operations. The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following practices: No paving during wet weather. Proper Material Storage (refer to previous section). Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, or fog', seal. Place drip pans or absorbent materials under paving equipment when not in'use. During wet weather, store contaminated paving equipment indoors or covers with tarp or other waterproof covering. If paving involves. Portland cement concrete, refer to (next section) H) Concrete Operations. The Contractor shall prevent the discharge of pollutants from concrete operations by properly disposing of wastes, and by implementing the following practices: Store all materials in waterproof containers or under cover away from drain inlets or drainage areas. Avoid mixing excess amounts of portland cement material. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge into the storm drain system. For onsite washout, locate washout area at least 15 in from storm drains, open ditches or other water bodies, preferably in a dirt area. Control runoff from this area by constructing a temporary pit or bermed area large enough for the liquid and solid waste. Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 7 GENERAL PROVISIONS disposed of properly. If the volume of water is greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Otherwise, allow water to settle, filter it and then pump to the sanitary sewer with approval of the Director of Public Works or his/her representative. Remove or vacuum the remaining silt and debris from the pond or bermed area and dispose of it properly. Dispose of waste water from washing of exposed aggregate to dirt area. The dirt area shall be adequate to contain all the waste water and once the waste water has infiltrated, any remaining residue must be removed. If a suitable dirt area is not available, then the Contractor shall filter the wash water through straw bales or other filtering materials meeting ABAG Standards For Erosion and Sediment Control Measures before discharging to the sanitary sewer with approval from the Director of Public Works or his/her representative. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in trash container. I) Grading and Excavation Operations. The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system. The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition). ,1) Vehicle/Equipment Cleaning. The Contractor shall not perform vehicle or equipment cleaning on site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. The Contractor shall perform vehicle or equipment cleaning, with water only, in a designated, bermed area that will not allow rinse water to run off-site or into the storm drain system. The Contractor shall dispose of wash water from the cleaning of water base paint equipment and tools to the sanitary sewer. If using oil based paint, to the maximum extent practicable, the Contractor shall filter the paint thinner and solvents for reuse and dispose of the waste thinner and solvent, and sludge from cleaning of equipment and tools as hazardous waste. K) Vehicle/Equipment Maintenance and Fueling. The Contractor shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste. The Contractor shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made. The Contractor shall recycle waste oil and antifreeze, to the maximum extent practicable. The Contractor shall comply with Federal, State and other local agencies for aboveground storage tanks. L) Contractor Training and Awareness. The Contractor shall train all employees/subcontractors on the water pollution prevention requirements contained in these provisions. The Contractor shall inform all subcontractors -of the water pollution prevention' contract requirements and include appropriate subcontract provisions to ensure that these requirements are met. The Contractor shall paint new catch basins, constructed as part of the project, with "No Dumping Drains To The Bay". The Contractor shall conform to the requirements of Chapter 9.30 of the Municipal Code which regulates urban run-off pollution. Full compensation for conforming to the provisions herein specified shall be considered as included in the prices paid for the contract items of work involved in compliance with said provisions and no additional compensation will be allowed therefor unless specified as part of a contract item for implementation of a Storm Water Pollution Prevention Plan (SWPPP). 12.05 Weight Limitations - Unless expressly permitted in the Special Provisions, construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limitations set forth in Division 15 of the Vehicle Code, shall not be operated over completed or existing treated base, surfacing, pavement or structures in any areas within the limits of the project, whether or not such area is subject to weight limitations under Section 12.02, "Vehicle Code," except as hereinafter provided in this section 12.05. CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 8 GENERAL PROVISIONS Within the limits of the project, subject to the control of the Director of Public Works or his/her representative, provided that the Contractor, at his expense, provides such protective measures as are deemed necessary by the Director of Public Works or his/her representative and repairs any damage caused by such operations, the Contractor will be permitted to: A. Make transverse crossings of portions of an existing public road or street which are within the highway right-of-way, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code. B. Make transverse crossings of treated bases, surfacing or pavement, which are under construction or have been completed, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code. C. Cross bridge structures that are not open to public traffic, designed for H2O and alternative live loading (culverts and pipes excluded), with construction equipment which exceeds the size of weight limitations set forth in Division 15 of the Vehicle Code. 12.06 Permits and Licenses - The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. A City Business License must be obtained. 12.07 Safety Provisions - The Contractor shall conform to the safety rules and regulations established by the California Division of Industrial Safety and OSHA. 12.08 Use of Explosives - When the use of explosives is necessary for the prosecution of the work, the Contractor shall not endanger life or property. Only competent reliable men, working under experienced supervision shall be permitted to use explosives. In advance of any blasting work, the Contractor shall obtain all necessary permits and clearances and shall comply with all Federal, State and local laws regulating the use of explosives. Any requirements imposed by ordinance or permit to the contrary notwithstanding, the Contractor shall blast only between the hours of 8:00 a.m. and 5:00 p.m. Blasting at any other time, or on Sundays and holidays is specifically prohibited. 12.09 Preservation of Property - Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs, and other plants that are not to be removed. Roadside trees, shrubs, and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, under or above ground, all highway facilities, and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage. If ordered by the Director of Public Works, the Contractor shall provide and install suitable safeguards, approved by the Director of Public Works or his/her representative, to protect such objects from injury or damage. If such objects are injured or damaged by the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by specifications accompanying the contract, if any such objects are a part of the work being performed under the contract. The Director of Public Works or his/her representative may make or cause to be made temporary repairs required to restore any damaged highway facility to service. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the contract. See Section 13 for underground utilities, sewer, water and storm conduits. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 12.09, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 12.10 Responsibility for Damage - The City and all officers and employees thereof connected with the work shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 9 GENERAL PROVISIONS progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City and all officers and employees thereof connected with the work: from all claims, suits or actions of every name, kind, and description brought for or on account of, injuries to or death of any person or damage to property resulting from the construction of the work or by or in consequence of any negligency in guarding the work; use of improper materials in construction of the work; or by or on account of any act or omission by the Contractor or his agents during the progress of the work or at any time before its completion and final acceptance. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the Director of Public Works or his/her representative may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property and shall indemnify and save harmless any county, city or district, its officers and employees connected with the work, within the limits of which county, city or district the work is being performed hereunder, all in the same manner and to the same extent as provided above for the protection of the City and all officers and employees thereof connected with the work, except that no retention of money due the Contractor under and by virtue of the contract will be made by the City pending disposition of suits or claims for damages brought against a county, city, or district other than the City. 12.11 Disposal of Material Outside the Right -of - Way - The Contractor shall make his own arrangements of disposing of material outside the eight -of -way and he shall pay all costs involved. When any material is to be disposed of outside the right-of-way, the Contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made and file a copy with the Director of Public Works or his/her representative together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property. Before any material is disposed of on said property, the Contractor shall also obtain permission from the Director of Public Works or his/her representative to dispose of the material at the location designated. When the disposal location is visible from any street, highway, or other public area, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Director of Public Works or his/her representative. Disposal of hazardous waste material shall be made per State requirements. Methods of removal, equipment and location of disposal must be approved by the Director of Public Works or his/her representative. Any additional cost not included in the bid must be approved by the Director of Public Works or his/her representative in writing before the work is started. 12.12 Public Safety - Whenever the Contractor's operations affect normal conditions for traffic, or for the public, he shall furnish, erect, and maintain, at his expense, all fences, barricades, lights, signs and other devices necessary to prevent accidents or damage or injury to the public. Construction area signs shall be furnished, installed, maintained and removed when no longer required in accordance with the provisions in Section 12-3.01 through 12-3.11 of the, State Specifications and any requirements of the Special Provisions. The Contractor shall also furnish, at his own expense, flaggers and guards necessary to give adequate warning to traffic or to the public of the construction conditions. Flaggers and guards, assigned to warn the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties, and shall be provided with necessary equipment, in accordance with the current Caltrans publication "Flagging Instruction Handbook." The equipment. shall be, furnished and kept clean and in good repair by the Contractor at his ex- pense. Signs, lights, flags and other warning and safety devices shall conform to the requirements set forth in the current Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones," and any signs furnished and erected by the Contractor at his expense, as above provided; shall be in addition to such signs as are furnished by the City as provided in the Special Provisions. Signs shall not obscure the visibility of, nor conflict in intent and meaning with, City - furnished signs and the size and wording shall be ap- proved by the Director of Public Works. The Contractor shall place "Workers" (W21-1) or W21 - la signs at the limits of work when working on city streets for any and all phases of this contract. The Contractor shall place "Road Work Ahead" (W20- 1) signs and "End Construction" (G20-2) signs at the limits of work for any and all phases of the contract. CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 10 GENERAL PROVISIONS During periods of work in the roadway, the Contractor shall post and maintain signs necessary for police radar enforcement of 25 mph construction zone pursuant to Section 22362 of the California Vehicle Code. Should the Contractor appear to be negligent in furnishing warning and protective measures, the Director of Public Works may direct his attention to such conditions. The necessary warning and protective measures shall thereupon be furnished and installed by the Contractor at his expense. No such action by the Director of Public Works or his/her representative shall relieve the Contractor from the primary responsibility for public safety or abrogate his obligation to furnish and pay for these devices. The installation of general roadway illumination shall not relieve the Contractor of his responsibility for furnishing and maintaining any of the protective facilities hereinbefore specified. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Except as otherwise provided in the Special Provisions, full compensation for conforming to all of the provisions in this Section 12.12 and in the Special Provisions shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. Where any items or facilities required under the provisions of this Section are not provided or are out of service, and an emergency exists that necessitates protective measures, the Director of Public Works or his/her representative, or his representative, may provide such facilities during the emergency, and the cost thereof shall be paid by the Contractor, or deducted from monies due him on his contract. The Director of Public Works or his/her representative, before taking emergency action, shall endeavor to notify the Contractor or his foreman of the conditions, and to allow the Contractor to correct them with his own crew, provided he acts promptly and expeditiously. 12.13 Public Convenience - The Contractor shall conduct his operations in a manner which will result in the least possible obstruction and inconvenience to the public. He shall undertake no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. Unless otherwise provided in the Special Provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems. Construction operations shall be conducted in a'manner which will cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, house, and buildings along the line of the work shall be maintained. Temporary approaches to crossings or intersecting streets shall be provided and kept in good condition. When the abutting property owner's access across the right-of-way line is to be eliminated, or to be replaced under the contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable. Roadway excavation . and the construction of embankments shall be conducted in a manner which will provide a reasonably smooth and even surface satisfactory for use by public traffic, at all times. Sufficient fill at culverts and bridges to permit traffic to cross shall be placed inadvance of other grading operations. If ordered by the Engineer or Director of Public Works, roadway cuts shall be excavated in lifts and embankments shall be constructed part width at a time, construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvertinstallation or culvert con- struction shall be conducted on one-half the width of the traveled way at a time. That portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic. Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condi- tion, free of humps and depressions, satisfactory for the use of public traffic. After subgrade preparation for a specified layer of material has been completedthe Contractor shall, at his expense, repair any damage to the roadbed or completed subgrade, including damage caused by his operations or by use by public traffic. While subgrade and paving operations are under way, public traffic shall be permitted to use the shoulders CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS - 1 i GENERAL PROVISIONS and, if half -width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate at least 2 lanes of traffic shall be kept open at all times at locations where subgrade and paving operations are in active progress. Water or dust palliative shall be applied, if ordered by the Director of Public Works or his/her representative, for the alleviation or prevention of dust nuisance as provided in Section 15, "Dust Control." In order to expedite the passage of public traffic through or around the work, and where ordered by the Director of Public Works, the Contractor shall install signs, lights, flares, barricades, and other facilities for the convenience and direction of public traffic. Also, where directed by the Director of Public Works, the Contractor shall furnish competent flaggers whose sole duties shall consist of directing the movement of public traffic through or around the work. The cost of furnishing and installing such signs and flaggers shall be considered as included in the prices paid for the various contract items of work and no additional compensation shall be allowed therefor unless specified otherwise in the Special Provisions. 12.14 Maintenance of Traffic - Three days prior to start of work, the Contractor shall furnish the Engineer with a schedule of operations. During the contract period, the Contractor shall coordinate his activities daily with the Engineer and make every effort to minimize the disruption of normal traffic and parking. Normal movement of traffic shall be maintained at all times during project construction. The Contractor shall be responsible for placing "No Parking" barricades and signs 48 hours prior to roadway excavation, placement of asphalt concrete, concrete work or any work requiring such traffic control. At least one-way traffic shall be maintained on all streets within the limits of work during normal working hours. During periods other than normal working hours, all street lanes shall be free of ob- structions and hazards, and shall be made available for use by traffic. In those areas designated in the plans, specifications, or permits as "Limit Operations Area," all normal street lanes shall be free of obstructions and hazards and shall be made available for use by traffic at all times, except between the hours specifically allowed by the Director of Public Works, or as stated in the Special Provisions. Should the Contractor fail to provide for public safety as specified, or if in the opinion of the Engineer, the CITY HALL INTERIOR IMPROVEMENTS 2013 signs and warning devices furnished by the Contractor are not adequate, the City may place any signs, warning lights or barricades to protect or warn the public of any condition connected with the Contractor's operations and the Contractor shall become liable to the City at the rate of 1.75 times the City's actual costs. The City will be entitled to assess such charges against the Contract and deduct the cost thereof from any money due or that may become due to the Contractor under this contract. The action of the City in placing any warning devices shall not be construed as relieving the Contractor from any of the Contractor's obligations to provide adequate warning of construction conditions. Pedestrian Traffic - The Contractor shall provide for the safe and convenient passage of pedestrian traffic throughout the limits of the job site. 12.15 Street Closures and Detours - No street shall be completely closed to through traffic at any time unless permitted in writing by the Director of Public, Works. The Director of Public Works may require that detours beset up when streets are closed or partially closed. All detour routes and their signing shall be approved by the Director of Public Works before they are set up. The Contractor shall notify: police and fire departments, the School District, and ambulance services 'of the hours and dates of the street closures and detour routes at least 24 hours in advance of their occurrence, and immediately upon their discontinuance. 12.16 Haul Routes - The Director of Public Works may require the Contractor to use only roads designated by him as haul routes for passage of heavy vehicles carrying materials or supplies to or from the job. Special haul routes will be as set forth in the Special Provisions. SECTION 13 -UNDERGROUND OBSTRUCTIONS. 13.01 Existing Utilities Shown on Plans - Utility locations and depth shown on the plans were supplied by the respective utility companies and are approximate. Every effort has been made to assure their accuracy and completeness'but no guarantee is implied. The Contractor shall excavate all possibly conflicting underground facilities before commencement of work which may affect their safety. The Contractor shall make his own arrangements for the utility companies to have their facilities marked in the field. Use of USA is recommended. 13.02 Notification of Utilities - The Contractor shall notify each utility company 2 working days in advance GENERAL PROVISIONS - 12 GENERAL PROVISIONS of commencing each phase of the work which may endanger any utility, in order that the utility companies may do such work as is required to maintain uninterrupted service. 13.03 Damage to Utilities and Sewers - The work shall be prosecuted in a manner which will protect and avoid doing damage to all utility mains, services, and appurtenances, and sewers. If damage occurs, the Contractor shall notify the owner immediately. Storm drains and sanitary sewers will be repaired by the owner, or the Contractor will be directed to make the necessary repairs. All other utility repairs will be made by the utility owner or his Contractor. All repairs will be made to the satisfaction of the owner. On City projects, if damage was absolutely unavoidable, the repairs will be made by the owner at no expense to the Contractor, or by the Contractor and compensated for as extra work. Avoidable damage will be repaired at the expense of the Contractor. 13.04 Utility Relocation - On City projects where utility mains and services conflict with the proposed improvements the City will have such conflicting utilities relocated at no expense to the Contractor, or pay the Contractor to make such relocations in accordance with any contract prices. Attention is directed to the possible existence of underground facilities not known to the City or in a location different from that which is indicated on the plans or in the Special Provisions. The Contractor shall take reasonable steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service. If the Contractor discovers underground facilities not indicated on the plans or in the Special Provisions, he shall immediately give the Director of Public Works written notification of the existence of such facilities. Such facilities shall be protected from damage as directed by the Director of Public Works, and the Contractor will be paid for such work as extra work, as provided in Section 9-1.04 of the State Specifications. If the Contractor desires to have any utility or other improvement moved for his convenience in order to facilitate his construction operation, and should such a move not be necessitated by a conflict in line or grade, he shall make whatever arrangements are necessary with the owners of such utility or improvement and bear all necessary expenses. No extension of time will be permitted for this type of relocation. Adjustments to grade of monument covers, storm or sanitary sewer manholes, castings, cleanouts or other access opening castings made necessary by changing CITY HALL INTERIOR IMPROVEMENTS 2013 street or grade of ground in the course of work done on City projects shall be performed by the Contractor at no expense to the City or Sanitary District. The cost of such work shall be included in other items of work and no extra compensation will be allowed therefor unless specified in the Special Provisions. All such work shall be done in a manner satisfactory to the owner of the affected facility. 13.05 Tree Roots - No tree root shall be unnecessarily cut in trenching operations. Excavation around roots shall be performed by hand. Where a root conflicts with the grade of the conduit being installed, the root shall be trimmed neat at the edge of.the excavation or trench, and shall be painted with an approved tree seal, as directed by the Engineer or Director of Public Works. SECTION 14 - DUST CONTROL The Contractor shall conduct his operations in a manner which will protect adjacent property from annoyance or damage from dust caused by his operations. When necessary, he shall take steps to control dust by the application of water, dust palliative, salt or other suitable means. The Contractor shall be responsible for dust control during both ° workingand non -working hours. On City projects, no separate payment shall be made for dust control, and its cost shall be included in the prices paid for contract items. When extreme conditions exist which make it impossible to control the dust, the Contractor shall cease grading operations until conditions improve. If Contractor fails to comply with the above requirements, the Director of Public Works may order the work to be stopped under the provisions of Section 10, and may take whatever action is necessary to reduce the dust problem; the cost thereof shall be paid by the Contractor. SECTION 15 —WATER The Contractor shall be responsible for developing water supply and furnishing all water required for the work, including water used -in the performance of work paid for as extra work, and applying all water. , SECTION 16 - REFERENCE TO STATE SPECIFICATIONS All work shall be performed in conformance with the Special Provisions, these specifications and the stated sections of the latest edition of the Standard Specifications of the State of California, Department of Transportation (Caltrans), at the time of approval of GENERAL PROVISIONS - 13 GENERAL PROVISIONS plans by City. Said stated sections will be designated in these specifications and/or the Special Provisions of the State Specifications. CITY HALL INTERIOR IMPROVEMENTS 2013 GENERAL PROVISIONS • 14 GENERAL PROVISIONS SPL-CIAL PROVISIONS • APPENDIX 2494 Loic Humbert Certificate of Insurance (page 1 of 1) 12/10/2013 02:13:13 PM '4`'�' IOR© CERTIFICATE OF LIABILITY INSURANCE DATE 12/10/2013 Y) 12/10/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Heffeman Insurance Brokers/SelectSolutions Insurance Services 1350 Carlback Avenue CONTACT NAME: PHONE E , (866) 500-6359 �uc No): (855) 804-8449 E-MAIL ADDRESS: PRODUCER Walnut Creek, CA 94596 -CUSTOMER INSURERS AFFORDING COVERAGE NAIC # # V " EffC"Ks INSURED INSURER A; Colony National Insurance Company 34118 INSURIER B: Loic Humbert INSURER C; 524 San Anselmo Avenue, #333 San Anselmo, CA 94960 INSURER D INSURER E: INSURER F: COVFRA11FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR EFF POLICY EXP ADOL SUBRI POLICY LIMITS TYPE OF INSURANCE NUMBER MM DICY LTR INSR DfYYYY MMIDDlYYYY Department of Public Worksk,.:U GENERAL LIABILITY j',' ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street AUTHORIZED REPRESENTATIVE ` EACH OCCURRENCE $ 1,0o0,000 (f qµ ✓ COMMERCIAL GENERAL LIABILITY # V " EffC"Ks DAMAGE TORENTED PREMISES (Ea occurrence) $ 50 000 CLAIMS -MADE ✓ OCCUR MED EXP tAny one person) $ 5,000 A Yes GL4069026 6/11/2013 6/11/2014 PERSONAL & ADV INJURY $ 1,000 000 GENERAL AGGREGATE $ 2,000 000 J'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 .......... _ PRO ( $ POLICY LOC AUTOMOBILE LIABILITY .. COMBINED SINGLE LIMIT !, $ i (Ea accident) .. ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS i BOUILY INJURY Per accident) $ i SCHEDULED AUTOS I PROPERTY DAMAGE $ HIRED AUTOS (Per accident) __,--------------�--- — I $ NON -OWNED AUTOS — i i $ UMBRELLA LIAROCCUR ; EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE - DEDUCTIBLE $ _ _ RETENTION $$ WORKERS COMPENSATION i WC STATU- 0TH-' T R Y_ IT `, AND EMPLOYERS' LIABILITY YIN -��R ANY PROPRIETOR/PARTNER/EXECUTIVE F---1 EL_ EACH A_C_ _C (ENT 'OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA I E.L DISEASE_ E,MPU (EE. $ If yyes desc, be under DESCRiPTON CF OPERATIONS below E.L. DISEASE - PCLC) I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: 1400 5th Avenue, San Rafael, CA 94901. The City of San Rafael and County of Marin, its Officers, Agents and Employees are named as Additional Insured as their interests may appear in regards to General Liability policy per attached endorsement. This insurance is primary and non-contributory to any other insurance provided as respects General Liability policy - endorsement to follow from carrier. : i ° ' -0 r.I IFICATF Hot nFR CANCELLATION C 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of San Rafael ¢s4we I,+, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Public Worksk,.:U € ACCORDANCE WITH THE POLICY PROVISIONS. 111 Morphew Street AUTHORIZED REPRESENTATIVE ` San Rafael, CA 94901 (f qµ # V " EffC"Ks C 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD GENERAL CHANGE ENDORSEMENT This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Name of Insurance Company(ies) Colony Insurance Company Endorsement Effective 12/10/2013 Named Insured LOIC HUMBERT Colony Insurance Co - Binding 100.08 GenLiab Inception Date 6/11/2013 Policy Number GL4069026 Expiration Date 6%11/2014 Endorsement # I YfameyGoi GENERAL CHANGE ENDORSEMENT This endorsement chanp-es the policy effective on the inception date of the policy unless another date is indicated below: Name of Insurance Company(ies) _clony Insurance Company Endorsement Effective 12/10/2013 Named Insured LOIC HUMBERT Colony Insurance Co - Binding 100.08 GenLiab Inception Date 6/11/2013 Policy Number GL4069026 Expiration Date 6/11/2014 Endorsement # 1 AaMey Goidenberg Countersign dby (Authorized Representative) IN CONSIDERATION OF THE ADDITIONAL PREMIUM SHOWN BELOW, IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY IS AMENDED AS FOLLOWS: EFFECTIVE 12/10/2013 THE FOLLOWING ENTITY IS HEREBY ADDED AS ADDITIONAL INSURED WITH PRIMARY AND NON-CONTRIBUTORY WORDING PER ATTACHED FORM U156 FOR THE ADDITIONAL PREMIUM SHOWN BELOW: CITY OF SAN RAFAEL AND COUNTY OF MARIN, ITS OFFICERS, AGENTS AND EMPLOYEES DEPARTMENT OF PUBLIC WORKS 111 MORPHEW STREET SAN RAFAEL, CA 94901 All other terms and conditions remain unchanged. PREMIUM ...... :$ 150.00 FEES ......... :$ 0.00 TAX .......... :$ 4.50 FILING FEE ... :$ 0.00 FIRE MARSHALL:$ 0.00 STAKING FEE.:$ .30 TOTAL ........ :$ 154.80 n,\ dung 12/13/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) (Additional Insured): Location(s) of Covered Operations: CITY OF SAN RAFAEL AND COUNTY OF MARIN, ITS OFFICERS, AGENTS THIS INSURANCE SHALL BE PRIMARY ANDENIPLOYEES AND NON-CONTRIBUTORY BUT ONLY DEPARTMENT OF PUBLIC WORKS IN THE EVENT OF THE INSURED'S 111 MORPHEW STREET NEGLIGENCE - SAN RAFAEL, CA 91901 A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" casued, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations or Work "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 0156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. CITY OF MAYOR GARY O. PHILLIPS VICE MAYOR BARBARA HEELER COUNCILMEMBER KATE COLIN COUNCILMEMBER DAMON CONNOLLY nt'91ar9a COUNCILMEMBER ANDREW CUYUGAN MCCULLOUGH PUBLIC WORKS DEPARTMENT: (415)485-3355 FAX: (415)485-3334 Nader Mansourian, Director of Public Works INSURANCE REQUIREMENTS SHEET SUBJECT: WORKERS' COMPENSATION AND PUBLIC LIABILITY PROPERTY DAMAGE INSURANCE (PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City carry workers' compensation insurance, public liability insurance and property damage insurance. The public liability insurance and property damage insurance shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Public Liability: Not less than $500,000 per person and $1,000,000 for one occurrence. Property Damage: Not less than $500,000 for one occurrence. The required insurance may be provided by a separate policy insuring the City and County, its elective and appointive Boards, Commissions, Officers, Agents and Employees or, if the contractor already has insurance, Ife may provide the City with the required insurance by submitting a certificate of insurance and a standard form of additional insured endorsement. For this latter purpose, the City will accept the following: "IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SAN RAFAEL AND COUNTY OF MARIN, its officers, agents and employees, are additional insureds hereunder but only as respects liability arising out of the land and/or property and/or work described in the Public Works contract for the project entitled, City Hall Interior Improvements, City Project No. 11215, between the City of San Rafael and (Name of Contractor) for the work and the improvements described therein." The Contractor shall provide satisfactory evidence to the City that the required liability insurance is primary and excess of any other insurance available to the City. Evidence of satisfactory insurance must be furnished to the City at the time of the execution of the Public Works contract together with evidence that the insurance carrier will not cancel or reduce the coverage of the policy without first giving the City at least thirty (30) days prior notice. Such notice shall be sent to: CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS I I 1 Morphew Street SAN RAFAEL, CA 94901 11 I MORPHEW STRFFT PO Box 1515(,0 S.A\� RvF-AEL,CA 94915-1560 N\V'VC Ill OFSA\R.AF.-1L1_.ORG City of San Rafael ♦ California Form of Contract Agreement for City Hall Interior Improvements 2013 Bathroom Remodel City Project No. 11215 This Agreement is made and entered into this 2nd day of December 2013 by and between the City of San Rafael (hereinafter called City) and Loic Humbert doing buisness as Loic Humbert General Contractor (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans for the project entitled: City Hall Interior Improvements 2013 Bathr000m Remodel, City Project No. 11215, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within THIRTY (30) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. Working days shall include weekends. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,000 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. , IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION ESTII4ATED UNIT UNIT PRICE TOTAL QUANTITY PRICE 1. Men's and Women's Locker Room Remodel 1 LS @ $143,080.00 = $143,080.00 GRAND TOTAL, BID $ 143,080.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims `by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney File No.: 06.01.214 CITY OF SAN RAFAEL: Nader Mansourian Public Works Director Loic Humbert: Printed Name: Title: CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3-i DATE OF MEETING: 12/2/13 FROM: Kevin McGowan DEPARTMENT: Public Works DATE: 11/25/13 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONTRACT FOR THE CITY HALL INTERIOR IMPROVEMENTS BATHROOM REMODEL PROJECT, CITY PROJECT NO. 11215, TO LOIC HUMBERT IN THE AMOUNT OF $143,080.00. Department Head (signature) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL/ AGENCY AGENDA ITEM: City Manager (signature) REMARKS: APPROVED AS TO FORM: -'tom, C_ Fr'�. v V, City Attorney (signature)