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2025/02/11 City Council Resolution 2025-010RESOLUTION NO. 2025-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO APPROVE CONSTRUCTION CONTRACTS AND CONTRACT CHANGE ORDERS UP TO A TOTAL AMOUNT OF $115,422 FOR THE BURTON RECREATION CENTER SEWER PIPING REPAIR PROJECT (PROJECT), AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15301 (EXISTING FACILITIES) AND 15302 (REPLACEMENT OR RECONSTRUCTION) (14 CAL. CODE REGS. §§ 15301 AND 15302) WHEREAS; the Burton Recreation Center is located at 7421 Burton Avenue and was constructed in 1968; and WHEREAS, in June 2024, Public Works facilities maintenance staff responded to reports of a sewer backup in the kitchen area; and WHEREAS, City staff have discovered several failures that need to be repaired in order to reopen the facility for the community; and WHEREAS, the City's Purchasing Policy and the City's bidding and contracting procedures for public works projects follow the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and Public Contract Code Sections 22000-22050, which states public projects of $60,000 or less may be performed by the employees of a public agency by force, by negotiated contract, or by purchase order; and WHEREAS, staff estimated the repairs to the sewer line to be less than $60,000; and WHEREAS, staff contracted with Peterson Mechanical, Inc. (Contractor) for $30,345 to excavate and repair the two known failures in the clubroom and kitchen and video the remainder of the sewer line to identify any other failure points in the line; and WHEREAS, staff executed a Contract Change Order No. 1 with the Contractor for $26,265 to excavate and repair the two additional points of failure; and WHEREAS, given the numerous unforeseen failures identified to date in the original cast iron sewer line, staff recommends the Contractor replace the entire existing sewer line at Burton Recreation Center; and WHEREAS, the cost to proceed with the necessary repairs to the sewer line and flooring exceeds the Project estimate of $60,000, which was the threshold for negotiated contracts under CUPCCAA at the time of contract procurement; and WHEREAS, Public Contract Code Section 22034(d) allows CUPCCAA thresholds to be exceeded by adoption of Resolution by a four -fifths vote if the City Council determines the initial cost estimate was reasonable; and WHEREAS, because the sewer line repairs are only partially complete, staff recommends the City Council authorize the City Manager to execute contracts and/or change orders for the Project that will result in a total Project cost of $115,422, in excess of the initial Project cost estimate of $60,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve as follows: l . The above recitals are true and correct and material to this Resolution. 2. The initial cost estimate for the Project was reasonable. The Project costs have exceeded the initial cost estimate due to unforeseen conditions and circumstances discovered after award of the contract and during construction of the Project. 3. The City Manager is hereby authorized to approve change orders and/or contracts for the Project that are expected to total $115,422 in the aggregate. 4. The Project is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction), (14 Cal. Regs. §§ 15301 and 15302), and directs staff to file a Notice of Exemption with the Sonoma County Clerk — Recorder. 5. The City Manager is hereby authorized and directed to execute the Contract Change Order No. 2 with Peterson Mechanical, Inc., attached hereto as Exhibit A and incorporated here, for the sum of Thirty -Two Thousand, Three Hundred Fifty -Six Dollars and No Cents ($32,356.00) for repair of the remaining portions of sewer line at the Burton Recreation Center. 6. The City Manager is hereby authorized and directed to execute the contract with Ellis Flooring, Inc., attached hereto as Exhibit B and incorporated here, for the sum of Nine Thousand, Six Hundred Sixty -Two Dollars and Fourteen Cents ($9,662.14) for replacement of flooring over the repaired sewer line areas. 7. The City Manager is hereby authorized and directed to execute the contract with Grima Tile and Stone Inc., attached hereto as Exhibit C and incorporated here, for the sum of One Thousand, Seven Hundred Thirty -Nine Dollars and Zero Cents ($1,739.00) for replacement of tile over the repaired sewer line areas. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute documents pertaining to same for and on behalf of the City of Rohnert Park, and the City Attorney's office is authorized to make minor edits to the documents. DULY AND REGULARLY ADOPTED by a 4/5 :F:H: thty Council of the City of Rohnert Park on this 1 11h day of February, 2025. CITYRT PARK ATTEST: Sylvia Lopez t - Clerk Resolution 2025-010 Page 2 of 3 AP P OV AS TO F RM: Mi elle IV .Kenyon, it Attorney Attachments: Exhibit A, B and C ADAMS: PUe ELWARD: Pc a RODRIGUEZ: PMe SANBORN: PL% C GIUDICE: eq e AYES: (� ) NOES: () ABSENT: () ABSTAIN: ( thT) Resolution 2025-010 Page 3 of 3 CITY OF ROHNERT PARK 600 Enterprise Drive Rohnert Park CA 94928 PH: (707) 588-3300 FAX: (707) 588-3333 Burton Recreation Center Sewer Piping Repair Contract # 325000111 CONTRACT CHANGE ORDER NO. 2 DATE: 2/11/2025 TO: PETERSON MECHANICAL, INC. You are herby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications of this contract. All new work herein described shall be done in accordance with the applicable provisions of the plans and specifications, except as modified by this contract change order. NOTE: This change order is valid when signed on behalf of the Owner. Item Description Amount PCO#2 Replacement of additional underground sewer pipe and associated work $32,356.00 (restroom, kitchen, lobby areas) TOTAL of CHANGE ORDER $32,356.00 Original Contract Amount: $30,345.00 CCO #1: $26,265.00 CCO #2: $32,356.00 Revised Contract Amount: $88,966.00 Original Contract Completion Date: 1/20/2025 Contract Time Adjustment: 39 New Contract Completion Date: 2/28/2025 (Calendar Days) Justification: Item #1: To date, numerous leaks and collapsed pipe have been encountered on the existing sewer line at the Burton Recreation Center beneath the concrete slab foundation in the lobby, kitchen, clubroom, and restroom areas. Staff is recommending the Contractor replace the entire remaining underground sewer pipe to address the current failed pipe sections and to prevent any future failures The total of Contract Change Order No. 1 and 2 is 193% of the original contract. The City Manager's Change Order Authority is $10,632.86 or 10% approved by Resolution No. 2025- on February 11, 2025 The adjustments to the Contract Price and Contract Time in this Change Order include all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the Change described above. By signing this Change Order, Contractor agrees to accept the adjustment to the Contract Price, calculated as provided above, and the adjustment of the Contract Time, as payment in full for all costs, including direct, indirect, consequential, and overhead (field and home office) costs, related to the Changes described above. Except as amended by this Contract Change Order, the Contract shall remain in full force and effect. Recommended by: Recommended by: Approved by: ATTEST: Amanda Bunte, General Services Operations Manager Terrie Zwillinger, CIP Program Manager Marcela Piedra, City Manager Sylvia Lopez Cuevas, City Clerk Date Date Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted by: Peterson Mechanical, Inc., Zach Brandner, President Date CCCO #002 Project: 240192 - Rohnert Park Burton Rec Ctr UG Waste Repair 5401 Snyder Ln. Rohnert Park, California 94928 Client Contract Change Order #002: Added Underground Waste Piping Repairs in Men's Restroom & Kitchen TO: CITY OF ROHNERT PARK FROM: Peterson Mechanical Inc. 600 Enterprise Dr. 21819 8th St E Rohnert Park, California 94928 Sonoma, California 95437 DATE CREATED: 1/14/2025 CREATED BY: Margarita Fontes (Peterson Mechanical Inc.) CONTRACT STATUS: Pending - In Review REVISION: 1 REQUEST RECEIVED LOCATION: FROM: DESIGNATED REVIEWER: Kelsey Nguyen (CITY OF ROHNERT PARK) REVIEWED BY: DUE DATE: REVIEW DATE: INVOICED DATE: PAID DATE: REFERENCE: CHANGE REASON: Existing Condition PAID IN FULL: No EXECUTED: No ACCOUNTING METHOD: Amount Based SCHEDULE IMPACT: 15 days SIGNED CHANGE ORDER RECEIVED DATE: FIELD CHANGE: No CONTRACT FOR: City of RP Contract: TOTAL AMOUNT: $32,356.00 DESCRIPTION: Remove (E) corroded waste piping under bathroom floor Remove 2' X 13' of concrete in Kitchen area Replace with new cast iron pipe and provide running test Concrete work: -Bathroom: 8'x2' 10" - Kitchen: 13' x 2' 10" -Scan -Sawcut, demo / off haul concrete (3-tons) -Excavate to expose pipe / off haul spoils -Tunnel under wall -Backfill sand, rock and compact -Place vapor barrier -Epoxy dowel and install #4 18" oc -Pour concrete, smooth trowel finish, clean site. Excludes: Off hour work / Unforeseen underground obstructions / Dewatering / Premium time scanning Add alternate #1: Saw cut 38' x 2' and replace 2" waste piping from Lobby area to area near Janitors closet POC to main - $13,842.00 ATTACHMENTS: COR 2 R1 Added UG Waste Piping Repairs in Men's Restroom & Kitchen.pdf DATE SUBMITTED: 01/17/25 GC REF #: Page 1 of Printed On: 1/17/2025 12:51 PM CCCO #002 CHANGE ORDER LINE ITEMS: # Budget Code Description Amount 1 22000.0 Plumbing.Other Add Alt #1 $13,842.00 2 22000.0 Plumbing.Other Men's RR & Kitchen $18,514.00 Grand Total: $32,356.00 The original (Contract Sum) Net change by previously authorized Change Orders The contract sum prior to this Change Order was The contract sum would be changed by this Change Order in the amount of The new contract sum including this Change Order will be The contract time will be increased by this Change Order by 15 days. CITY OF ROHNERT PARK 600 Enterprise Dr. Rohnert Park, California 94928 Peterson Mechanical Inc. 21819 8th St E Sonoma, California 95437 $30,345.00 $0.00 $30,345.00 $32,356.00 $62,701.00 SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE Page 2 of 2 Printed On: 1/17/2025 12:51 PM SHORT FORM CONTRACT FOR CONSTRUCTION This Agreement is made this 111h day of February, 2025 between the City of Rohnert Park ("City") and Ellis Flooring, Inc. ("Contractor"), License No. 1007271, DIR No. 1000035456, DIR Expiration Date June 30, 2025, for the following project ("Project"): Project: Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation Project Address: 7421 Burton Ave, Rohnert Park SECTION 1 - SCOPE Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work ("Work"), generally described in the Scope of Work attached as Attachment A — Scope of Work. SECTION 2 - PRICE A. City agrees to pay, and Contractor agrees to accept, the sum of Nine Thousand Six Hundred Sixty -Two Dollars and Fourteen Cents ($9,662.14) (the "Contract Price") subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. B. Contractor shall submit a payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Contract Documents. All payment applications shall be accompanied by the appropriate waiver and release form as set forth in Civil Code sections 8132, 8134, 8136, or 8138. City shall make payment within 30 days of receipt of application, less five percent retention on projects over $5,000. City shall release the retained funds within 60 days following the completion of the Work in accordance with Public Contract Code section 7107. SECTION 3 - TIME A. Contractor shall commence the Work following City's issuance of the Notice To Proceed. Contractor shall achieve Substantial Completion within 14 calendar days of issuance of the Notice to Proceed. Contractor shall achieve Final Completion of the Work within 21 calendar days of issuance of the Notice to Proceed (the "Contract Time"). B. Time is of the essence of this Agreement. C. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q D. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence. SECTION 4 — LIQUIDATED DAMAGES A. As liquidated damages for delay Contractor shall pay City $2,800 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved. B. As liquidated damages for delay Contractor shall pay City $2,800 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. C. Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by City because of a delay in completion of all or any part of the Work. Contractor and City agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by City, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages. D. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third -parties), and defense costs thereof. City may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then -accrued liquidated damages. SECTION 5 — CARB IN -USE OFF -ROAD DIESEL-FUELD FLEETS A. Contractor shall complete and return the "In -Use Off -Road Diesel -Fueled Fleets Certification" attached hereto as Attachment E to City within fifteen (15) calendar days after this Agreement is fully executed. If Contractor fails to timely do so, City shall have the same rights as if Contractor had breached this Agreement. B. Contractor warrants that it is knowledgeable of and will comply with California Code of Regulations Title 13, Sections 2449, 2449.1, and 2449.2, relating to In -Use Off -Road Diesel - Fueled Fleets (the "Regulations"), issued by the California Air Resources Board ("CARB") effective October 1, 2023. C. If Contractor or its listed subcontractors intend to use vehicles subject to the Regulations in its performance under this Agreement, Contractor must obtain copies of the valid Certificates of Reported Compliance, as described in Regulation Section 2449(n), for the fleet, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 0 the fleet and Contractor's listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall only allow fleets with valid Certificates of Reported Compliance on Contractor's job sites. D. The Certificates of Reported Compliance received by the Contractor for this Project must be retained for three (3) years after the Project's completion. Upon request by CARB, these records must be provided to CARB within five (5) business days of the request. E. Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March I of that year. Contractor must not write contracts to evade this requirement. F. If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor's job site, then Contractor must report the required information to CARB within the time period contained in in the Regulations. G. Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor. H. If applicable, Contractor shall prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in in the Regulation. SECTION 6 — TERMS AND CONDITIONS Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, "Contract Documents"): A. Attachment A — Scope of Work B. Attachment B — General Conditions C. Attachment C — Insurance D. Attachment D — Supplemental Conditions E. Attachment E — In -Use Off -Road Diesel -Fueled Fleets Certification The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties. In approving this Agreement, it shall not be necessary to Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q produce or account for more than one such counterpart. The parties hereby expressly agree to the use of electronic signatures, which shall be deemed to have the same effect as an original signature. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK Marcela Piedra, City Manager Date Per Resolution No. 2025- adopted by the Rohnert Park City Council at its mecting of February 11, 2025 ATTEST: City Clerk ELLIS FLOORING, INC. 0 ,, 01 /24/2( W.J. Ellis, President Date APPROVED AS TO FORM: City Attorney Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q ATTACHMENT A SCOPE OF WORK Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work ("Work") generally described as installing vinyl flooring in the clubroom (325 SF), kitchen (150 SF), and lobby (100 SF) at the Burton Recreation Center as follows: • Contractor to prepare floor as needed for new vinyl composite tile products. • Contractor to furnish and install Armstrong Imperial Texture vinyl composite tile color 51899 Cool White. Additionally, Contractor's scope of work includes, but is not limited to, the following: • Provide labor, material and equipment to perform the Work. • Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment. • Coordinate with owner -scheduled events. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK 44822-2061-5061 Q ELLIS FLOORING CA OGS SB(MB)/DVBE #2000426 PROPOSAL CUSTOMER: Randy Cadwell COMPANY: City of Rohnert Park Public Works ADDRESS: 600 Enterprise Drive Rohnert Park, CA 94928 TELEPHONE: (707) 588-3310 FAX Ellis Flooring Inc. 515 Frazier Avenue Santa Rosa, CA 95404 Tel (707) 792-2151 Fax (707) 521-9333 CA ContractorLic. #1007271 CA. DIP # 1000035456 DATE: January 9, 2025 Rohnert Park Burton Rec Center Classroom PROJECT: VCT LOCATION: 7421 Burton Ave. Rohnert Park, Co. 94928 MEASURED DATE: January 7, 2025 We herewith submit proposal for labor and materials to be supplied at the request of above party and at premises set forth above. AREA INCLUDED IN BID: I. Approxamotley 325 Sq Ft were Pluming was repaired encluding the remaining North end of Classroom. Approximately 18' x 18'. Supply VCT only for future work in classroom and entry. SCOPE OF WORK: :. Remove existing carpet at North end of classroom approximately 18' x 18'. 2. Prepare floor as needed for new VCT flooring products. 3. Furnish 8. install Armstrong Imperial Texture VCT color 51899 Cool White. 4. Furnish VCT Only for future work to complete classroom and additional work in the Entry (630 Sq Ft) EXCLUSIONS: I . Non-standard work hours (beyond 5am - 5pm, Monday - Friday) 2. Furniture and equipment moving. 3. Borders, inlays, logos, or custom designs. 4. Extra; floor patch, repair, leveling compounds, and underiayment required to mitigate floor conditions beyond ASTM standards. S. Testing and treatment of concrete for moisture emission rate and alkalinity beyond the manufacturers allowable limits. Note: moisture testing may be required by manufacturer instructions. 6. Removal of materials containing asbestos or lead. 7. Final cleaning, wax or sealers, and protection of stored or installed products. 8. Performance and/or payment bonds are excluded. 9. CPR submitted by any process other than direct DIR submission. Add 1 %, for any non-DIR compliance requirements or system, such as LCPTracter, Elations, etc. Total Materials, Freight, Sales Tax and Installation Labor: NOTES: $ 5,953.01 1. Payment terms are net 30 days. Deposit or progress payment may be required for materials. 2. The prices listed on this proposal are valid for a period of 45 days from proposal date. 3. Prices are subject to change if applicable tariffs are enacted. 4. If this proposal is accepted, please submit a signed purchase order, or execute the Terms & Condition contract prepared by Ellis Flooring. 5. Payment or performance bonds ore not included in price unless specifically noted above. 6. Unless itemized on this proposal, Ellis Flooring. is not responsible for the testing or treatment of concrete vapor emissions and alkalinity. 7. Ellis Flooring is not responsible for substrate failures (such as alkalinity and moisture) after the flooring installation is complete, unless a moisture protection system was sold, and the failed area is below the manufacturer's limits. 8. If existing flooring is to be removed, our price would include standard prep (scraping excess material, skim coat uneven areas. and primer if needed). Any floor patch required from removal of existing floor is not included in price. Our price does not include removal of asbestos tiles below existing carpet. SUBMITTED BY 2Ad ��3 TEL: (707) 792-2151 Zach Ellis FAX: (707) 521-9333 6 ELLIS FLOORING CA DGS SB(MB)/DVBE #2000426 PROPOSAL CUSTOMER: Randy Cadwell COMPANY: City of Rohnert Park Public Works ADDRESS: 600 Enterprise Drive Rohnert Park, CA 94928 TELEPHONE: (707)588-3310 FAX Ellis Flooring Inc. 515 Frazier Avenue Santa Rosa, CA 95404 Tel: (707) 792-2151 Fax. (707) 521-9333 CA Contractor Lic. #1007271 CA DIR # 1000035456 DATE: January 9, 2025 PROJECT City of Rohnert Park Burton Recreation Center Kitchen & Entry VCT Patch LOCATION. 7421 Burton Ave. Rohnert Park, Co. 94928 MEASURED DATE: January 7, 2025 We herewith submit proposal for labor and materials to be supplied at the request of above party and at premises set forth above. REA INCLUDED IN BID: I. Approxamatley 100 sq ft in the Main Entry and approximately 150 sq ft in the Kitchen. Customer to have concrete saw cut and plumbing below repaired. SCOPE OF WORK: 1 . Prepare floor as needed for new VCT flooring products. 2. Furnish & install Armstrong Imperial Texture VCT color 51899 Cool White. EXCLUSIONS: I. Non-standard work hours (beyond 5am - 5pm, Monday - Friday) 2. Furniture and equipment moving. 3. Borders, inlays, logos, or custom designs. 4. Extra; floor patch, repair, leveling compounds, and underlayment required to mitigate floor conditions beyond ASTM standards. 5. Testing and treatment of concrete for moisture emission rate and alkalinity beyond the manufacturer's allowable limits. Note: moisture testing may be required by manufacturer instructions. 6. Removal of materials containing asbestos or lead. 7. Final cleaning, wax or sealers, and protection of stored or installed products. 8. Performance and/or payment bonds are excluded. 9. CPR submitted by any process other than direct DIR submission. Add I % for any non-DIR compliance requirements or system, such as LCPTracter, Elations, etc. Total Materials, Freight, Sales Tax and Installation Labor: $ 3,709.13 NOTES: . Payment terms ore net 30 days. Deposit or progress payment may be required for materials. 2. The prices listed on this proposal are valid for a period of 45 days from proposal date. 3. Prices are subject to change if applicable tariffs are enacted. 4. If this proposal is accepted, please submit a signed purchase order, or execute the Terms & Condition contract prepared by Ellis Flooring. 5. Payment or performance bonds are not included in price unless specifically noted above. 6. Unless itemized on this proposal, Ellis Flooring. is not responsible for the testing or treatment of concrete vapor emissions and alkalinity. 7. Ellis Flooring is not responsible for substrate failures (such as alkalinity and moisture) after the flooring installation is complete, unless a moisture protection system was sold, and the failed area is below the manufacturer's limits. 8. If existing flooring is to be removed, our price would include standard prep (scraping excess material, skim coal uneven areas, and primer if needed). Any floor patch required from removal of existing floor is not included in price. Our price does not include removal of asbestos tiles below existing carpet. SUBMITTED By 2.4d 6l Zach Ellis TEL: (707) 792-2151 FAX: (707) 521-9333 7 ATTACHMENT B GENERAL CONDITIONS ARTICLE 1 TERMS OF PERFORMANCE 1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and City regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and City, and any proposal, with respect to the Work described herein. 1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. 1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by City, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of City, and any assignment without City's prior written approval shall be null and void. (Contractor shall rcmain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit City (or its designees) access to the work area, Contractor's shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any City representative, or certification by any governmental entity, shall in no way limit Contractor's obligations under the Contract Documents. Either party's waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every provision hereof. City shall have, at all times, set-off rights with respect to any payment and Contractor's failure to perform the terms of the Contract Documents. ARTICLE 2 LEGAL AND MISCELLANEOUS 2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which City shall make payment within thirty (30) days. Upon City's written request, Contractor shall Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q make available to City, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to City, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to City, its authorized agents, officers, or employees, such other evidence or information as City may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit City to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to City by this section. Such rights shall be specifically enforceable. 2.02 Independent Contractor. Contractor is an independent Contractor and does not act as City's agent in any capacity, whatsoever. Contractor is not entitled to any benefits that City provides to City employees including, without limitation, insurance, worker's compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor's provision of Work not the means, methods, or scheduling of the Contractor's Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as City's responsibility. 2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the City and its City Council, officers, representatives, agents, employees, and volunteers (City Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor's negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, City shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. City's rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor's obligations to defend, indemnify, and save harmless the City Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. 2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to City for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within une year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the City's resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. 2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti -kick -back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in anyway attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person's race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law. 2.06 Termination; Suspension; Disputes. City may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as City may determine in its sole discretion. City will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor's fault. City will compensate Contractor for extra costs resulting from such directives only to the extent that City issues such directives for its convenience and not due to Contractor's fault (but City shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for City's convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor's failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against City shall be submitted in writing to City, and shall be governed by Public Contract Code Sections 9204 and 20104 — 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q 10 2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Rohnert Park, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of City's issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, in accordance with Part 7 of Division 2 of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City's Public Works Department and may be obtained from the California DIR website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. In accordance with Labor Code section 1813, the Contractor shall forfeit, as penalty to the City, $25.00 for each person employed in the execution of the contract by the contractor or by any subcontractor, for each calendar day during which any person is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the Contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements. 2.09 Mandatory Contractor and Subcontractor Registration; Prohibited Contractors. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK#4822-2061-5061 Q 11 2.10 Worker's Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work. 2.11 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify City in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of, any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and City (or a registered civil or structural engineer employed by City) must accept, in advance of excavation, 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, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between City and Contractor, City will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding. 2.12 Public Records Act. Contractor is aware that this Agreement and any documents provided to the City may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers to be confidential under the California Public Records Act. To the extent that City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. 2.13 Claims. A. Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and City will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. if a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q 12 proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue. B. City will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify City, in writing, within seven days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 days will result in Contractor waiving its right to the subject claim. C. Claim Format A. Contractor shall submit the claim justification in the following format: (a) Cover letter and certification; (b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief; (c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others; (d) Chronology of events and correspondence: (e) Analysis of claim merit; (f) Analysis of claim cost; and (g) Attach supporting documents referenced in paragraph 2.14.C. I (c), above. D. Required Provisions on Contract Claim Resolution 1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls. 2. Public Contract Code Section 9204 provides: (a) For the purposes of this section, "Claim" means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. (b) Procedure: (1) Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45 days, or if City's governing body must approve City's response to the Claim and the governing body has not met within the 45 days then within three (3) days of the governing body's meeting, shall provide Contractor with a written Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK 04922-2061-5061 Q 13 statement identifying what portion of the claim is disputed and what portion is undisputed. Should City take no action on the Claim within 45 days of submission, it shall be deemed denied. (2) If the Contractor disputes City's response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes City's statement it shall inform City and they shall mutually agree to a mediator within 10 business days of the written statement. (3) City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion. (4) Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section. (5) For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a). (6) The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action. (7) Failure by the City to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 14 (8) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (9) If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so. (10) Nothing in this section shall impose liability upon an City that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (11) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. To the extent applicable, Public Contract Code Section 20104, et seq., provide: (a) For the purposes of this section, "Claim" means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. Separate Contractor Claims that together total more than $375,000 do not qualify as a "separate demand of $375,000 or less," as referenced above, and are not subject to this section. (b) Caution. This section does not apply to tort claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code. (c) Procedure: (1) The Claim must be in writing, submitted in compliance with all requirements of General Conditions including, without limitation, the time prescribed by and including the documents necessary to substantiate the Claim. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in the General Conditions or elsewhere in the Contract Documents. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q 15 (2) For Claims of fifty thousand dollars ($50,000) or less, City shall respond in writing within forty-five (45) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agrccmcnt of City and Claimant. City's written response to the Claim, as further documented, shall be submitted to Claimant within fifteen (15) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (3) For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: City shall respond in writing within sixty (60) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of City and Claimant; City's written response to the Claim, as further documented, shall be submitted to Claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (4) Meet and Confer: If Claimant disputes City's written response, or City fails to respond within the time prescribed above, Claimant shall notify City, in writing, either within fifteen (15) days of receipt of City's response or within fifteen (15) days of City's failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. (5) Following the meet and confer conference, if the Claim or any portion remains in dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits its written claim as set forth herein, until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK94822-2061-5061 Q 16 ATTACHMENT C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract, and for 3 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The City does not accept policies on a claims -made basis. 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self -insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, elected officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK#4822-2061-5061 Q 17 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, elected officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall fitrnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy langygge effecting coverage required tinder this agreement) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Me City before ►vork begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City, its elected officials, officers, employees, and volunteers are listed as additional insureds on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q U-] ATTACHMENT D SUPPLEMENTAL CONDITIONS CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS As of this date of this contract, the extent and impact of Coronavirus (also known as "COVID- 19") on this project, including with respect to supplies, materials, and labor, may not be known by the parties. Nevertheless, Contractor acknowledges the need to reasonably foresee the extent and impact of COVID-19; warrants that it has taken such risks into account in preparing its bid and procuring supplies, materials, and labor; and shall be deemed to have assumed the risks associated with COVID-19 by Contractor's voluntary entry into this Contract, except as otherwise expressly stated in the Contract Documents. Contractor hereby acknowledges that it has investigated and is familiar with and shall comply with applicable health orders and construction field safety protocols established by the Health Officer of the Cbunty of Sonoma. Contractor shall establish any required Code of Safety Practices and designated a Site Safety Representative as may be required under such orders. Contractor acknowledges that it may be subject to further requirements that may be imposed by State Public Health Officer. Contractor hereby acknowledges that compliance with such requirements constitutes part of the Scope of Work under this Contract. Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 19 ATTACHMENT E IN -USE OFF -ROAD DIESEL -FUELED FLEETS CERTIFICATION The undersigned Contractor certifies to the City of Rohnert Park ("Owner" or "City") as set forth in sections I through 2, below: 1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform to the California Air Resource Board ("CARB") In -Use Off -Road Diesel -Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1) — (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision 0), subparts (1) — (5). 2. Instructions. Check one (1) box below. ❑❑ Contractor's current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.) Contractor certifies that its work on the Project (including work of its contractors) does not involve the use of vehicles subject to the CARB In -Use Off - Road Diesel -Fueled Fleets requirements. CONTRACTOR: Date: 01 /24/2025 Ellis Flooring Inc (Name of Contractor) By: Jason is (Jan 24.1025 10:43 PST) (Signature) Name: Wm Jason Ellis (Print Name) Its: CEO (Title) END OF CERTIFICATION Burton Recreation Center Clubroom, Kitchen and Lobby Floor Installation City of Rohnert Park OAK#4822-2061-5061 Q 20 BR03 Burton Rec Center Exceed 60k Project Value Resolution Exhibit B Contract Ellis Flooring Final Audit Report 2025-01-24 Created: 2025-01-24 By: Nikki Ritchie (ndtchie@rpcity.org) Status: Signed Transaction ID: CBJCHSCAABAAFxmRAToPiKB83p_AwA4GgprCJDyP9SOx "BR03_Burton Rec Center Exceed 60k Project Value_Resolutio n Exhibit B_Contract Ellis Flooring" History Document created by Nikki Ritchie (nritchie@rpcity.org) 2025-01-24 - 5:35:34 PM GMT Document emailed to Jason Ellis (Jason@ellisflooringinc.com) for signature 2025-01-24 - 5:35:49 PM GMT Email viewed by Jason Ellis Qason@ellisflooringinc.com) 2025-01-24 - 6:34 33 PM GMT CS© Document e-signed by Jason Ellis (Jason@ellisflooringinc.com) Signature Date: 2025-01-24 - 6:43:42 PM GMT - Time Source: server ® Agreement completed. 2025-01-24 - 6:43:42 PM GMT Q Adobe Acrobat Sign SHORT FORM CONTRACT FOR CONSTRUCTION This Agreement is made this I Vh day of February, 2025 between the City of Rohnert Park ("City") and Grima Tile and Stone Inc. ("Contractor"), License No. 826537, DIR No. 2000001701, DIR Expiration Date June 30, 2025, for the following project ("Project"): Proiect: Burton Recreation Center Bathroom Floor Installation Proiect Address: 7421 Burton Avenue, Rohnert Park SECTION 1 - SCOPE Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work ("Work"), generally described in the Scope of Work attached as Attachment A — Scope of Work. SECTION 2 - PRICE A. City agrees to pay, and Contractor agrees to accept, the sum of One Thousand, Seven Hundred Thirty -Nine Dollars and No Cents ($1,739.00) (the "Contract Price") subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work. B. Contractor shall submit a payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Contract Documents. All payment applications shall be accompanied by the appropriate waiver and release form as set forth in Civil Code sections 8132, 8134, 8136, or 8138. City shall make payment within 30 days of receipt of application, less five percent retention on projects over $5,000. City shall release the retained funds within 60 days following the completion of the Work in accordance with Public Contract Code section 7107. SECTION 3 - TIME A. Contractor shall commence the Work following City's issuance of the Notice To Proceed. Contractor shall achieve Substantial Completion within 14 calendar days of issuance of the Notice to Proceed. Contractor shall achieve Final Completion of the Work within 21 calendar days of issuance of the Notice to Proceed (the "Contract Time"). B. Time is of the essence of this Agreement. C. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 Q D. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence. SECTION 4 — LIQUIDATED DAMAGES A. As liquidated damages for delay Contractor shall pay City $2,800 for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved. B. As liquidated damages for delay Contractor shall pay City $2,800 for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved. C. Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by City because of a delay in completion of all or any part of the Work. Contractor and City agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by City, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages. D. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third -parties), and defense costs thereof. City may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then -accrued liquidated damages. SECTION 5 — CARB IN -USE OFF -ROAD DIESEL-FUELD FLEETS A. Contractor shall complete and return the "In -Use Off -Road Diesel -Fueled Fleets Certification" attached hereto as Attachment E to City within fifteen (15) calendar days after this Agreement is fully executed. If Contractor fails to timely do so, City shall have the same rights as if Contractor had breached this Agreement. B. Contractor warrants that it is knowledgeable of and will comply with California Code of Regulations Title 13, Sections 2449, 2449.1, and 2449.2, relating to In -Use Off -Road Diesel - Fueled Fleets (the "Regulations"), issued by the California Air Resources Board ("CARB") effective October 11 2023. C. If Contractor or its listed subcontractors intend to use vehicles subject to the Regulations in its performance under this Agreement, Contractor must obtain copies of the valid Certificates of Reported Compliance, as described in Regulation Section 2449(n), for the fleet, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 v2 the fleet and Contractor's listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet. Contractor shall only allow fleets with valid Certificates of Reported Compliance on Contractor's job sites. D. The Certificates of Reported Compliance received by the Contractor for this Project must be retained for three (3) years after the Project's completion. Upon request by CARB, these records must be provided to CARB within five (5) business days of the request. E. Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation Section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement. F. If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor's job site, then Contractor must report the required information to CARB within the time period contained in in the Regulations. G. Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor. H. If applicable, Contractor shall prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in in the Regulation. SECTION 6 — TERMS AND CONDITIONS Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, "Contract Documents"): A. Attachment A — Scope of Work B. Attachment B — General Conditions C. Attachment C — Insurance D. Attachment D — Supplemental Conditions E. Attachment E — In -Use Off -Road Diesel -Fueled Fleets Certification The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with this Agreement or the Work described herein shall be null and void and shall have no force or effect. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties. In approving this Agreement, it shall not be necessary to Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 produce or account for more than one such counterpart. The parties hereby expressly agree to the use of electronic signatures, which shall be deemed to have the same effect as an original signature. IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the day and year first above written. CITY OF ROHNERT PARK Marcela Piedra, City Manager Date Per Resolution No. 2025- adopted by the Rohnert Park City Council at its meeting of February 11, 2025. ATTEST: City Clerk Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 v2 GRIMA TILE AND STONE INC. dija�� I Zq �26 Heather Grima, Vice President Date ATTACHMENT A SCOPE OF WORK Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work ("Work") generally described as installing ceramic tile in the bathroom (24 SF) at the Burton Recreation Center as follows: • Contractor to furnish and install Daltile Keystones D175 2"x2" Elemental Tan Speckle in bathroom area • Contractor to repair 24 square foot area • Contractor to install restroom floor tile using a thinset method over mortar bed • Contractor to remove tile at perimeter of patch work opening, to next full grout joint, if needed • Contractor to use Custom Building Product Prism or Laticrete Permacolor Select Grout Additionally, Contractor's scope of work includes, but is not limited to, the following: • Provide labor, material and equipment to perform the Work. • Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed. • Obtain all necessary permits and approvals for the Work. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment. • Coordinate with owner -scheduled events. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 p 77,, {{ Attachment A G1\77L1Yl A T __ tic .:....^G0s2 CUSTOMER: City of Rohnert Park AREA PRICE Tile Tile Allowance Labor Total Tile ATTN: Kelsy Nguyen Restroom Floor Repair $205 $1534 $1.739 707-588-3303 CC: Randy Cadwell kbracewell(cDrocitv.org • Suppy and install Daltile Keystones D175 2"x2" Elemental Tan Speckle, at area listed above. Rcadwell(@rpcitv.orq Repair bid based off of 24 square foot area. ESTIMATE NO 1 DATE: 1/22/2025 Restroom floor tile to be installed using a thinset method over mortar bed by Grima Tile and Stone. Excludes all demo. Includes removal of tile at perimeter of patch work opening, to next full grout joint, if needed. Includes Custom Building Product Prism or Laticrete Permacolor Select Grout. Excludes epoxy grout PROJECT: Burton Recreation Center 7421 Burton Ave Layout meetings and mock-ups performed upon request and will be billed at an hourly rate of $125.00 per hour Written acknowledgment is required before scheduling. Rohnert Park, CA PREPARED BY: Sam Grima Total Tile & Slab $205 $1,534 $1,739 Please Note: Pricing is valid for 30 days but is subject to review, revision or withdrawal thereafter. Price includes 3 holes per fixture, additional holes will drilled at a cost of $50 each All plywood rough top installation including sink, appliance holes, plumbing holes and locations, to be by others. All tile will be installed in mortar unless stated as thinset installation. Tile pricing EXCLUDES SEALANTS, unless stated otherwise in description of work above 100% deposit for material will be required prior to ordering any materials. Payments made by credit card will have an additional 1.5% transaction fee added. Any contract issued pursuant to this quotation may not include retention without prior authorization. Sign Here to Accept Quote: Authorized Rep Date ATTACHMENT B GENERAL CONDITIONS ARTICLE 1 TERMS OF PERFORMANCE 1.01 Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and City regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and City, and any proposal, with respect to the Work described herein. 1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. 1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by City, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of City, and any assignment without City's prior written approval shall be null and void. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit City (or its designees) access to the work area, Contractor's shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any City representative, or certification by any governmental entity, shall in no way limit Contractor's obligations under the Contract Documents. Either party's waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party's right thereafter to enforce or compel strict compliance with every provision hereof. City shall have, at all times, set-off rights with respect to any payment and Contractor's failure to perform the terms of the Contract Documents. ARTICLE 2 LEGAL AND MISCELLANEOUS 2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which City shall make payment within thirty (30) days. Upon City's written request, Contractor shall Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 make available to City, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to City, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement. Contractor shall furnish to City, its authorized agents, officers, or employees, such other evidence or information as City may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Contractor shall permit City to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to City by this section. Such rights shall be specifically enforceable. 2.02 Independent Contractor. Contractor is an independent Contractor and does not act as City's agent in any capacity, whatsoever. Contractor is not entitled to any benefits that City provides to City employees including, without limitation, insurance, worker's compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor's provision of Work not the means, methods, or scheduling of the Contractor's Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in the Contract Documents as City's responsibility. 2.03 Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the City and its City Council, officers, representatives, agents, employees, and volunteers (City Indemnities), against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor's negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, City shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. City's rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor's obligations to defend, indemnify, and save harmless the City Indemnities are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. 2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to City for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the City's resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. 2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti -kick -back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in anyway attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Contractor shall not engage in unlawful employment discrimination including, but not limited to, discrimination based upon a person's race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, sexual orientation, or sexual identity as prohibited by state or federal law. 2.06 Termination; Suspension; Disputes. City may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as City may determine in its sole discretion. City will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor's fault. City will compensate Contractor for extra costs resulting from such directives only to the extent that City issues such directives for its convenience and not due to Contractor's fault (but City shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for City's convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor's failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against City shall be submitted in writing to City, and shall be governed by Public Contract Code Sections 9204 and 20104 — 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q 2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in City of Rohnert Park, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of City's issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, in accordance with Part 7 of Division 2 of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City's Public Works Department and may be obtained from the California DIR website [http://www.dir.ca.gov/OPRL/DPreWageDetennination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. In accordance with Labor Code section 1813, the Contractor shall forfeit, as penalty to the City, $25.00 for each person employed in the execution of the contract by the contractor or by any subcontractor, for each calendar day during which any person is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. Notice is hereby given that, pursuant to Section 1776(g) of the Labor Code of the State of California that the Contractor shall make available as required in this Section of the Labor Code certified payroll records and that penalties for violation of the section may be enforced. If the Agreement exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements. 2.09 Mandatory Contractor and Subcontractor Registration; Prohibited Contractors. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 Q 10 2.10 Worker's Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work. 2.11 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify City in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and City (or a registered civil or structural engineer employed by City) must accept, in advance of excavation, 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, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between City and Contractor, City will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding. 2.12 Public Records Act. Contractor is aware that this Agreement and any documents provided to the City may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of the Contractor to clearly identify information in those documents it considers to be confidential under the California Public Records Act. To the extent that City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. 2.13 Claims. A. Should any clarification, determination, action or inaction by City, Work, or any other event, in the opinion of Contractor, exceed the requirements of or not comply with Contract Documents, or otherwise result in Contractor seeking additional compensation in time or money or damages for any reason (collectively "Disputed Work"), then Contractor and City will make good faith attempts to resolve informally any and all such issues, claims and/or disputes. Before commencing the Disputed Work, or within seven days after Contractor's first knowledge of the Disputed Work, whichever is earlier, Contractor shall file a written notice and cost proposal for the Disputed Work with City stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of Project Documents. If a written notice and cost proposal for Disputed Work is not issued within this time period, or if Contractor Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q 11 proceeds with the Disputed Work without first having given the notice required by this paragraph, Contractor shall waive its rights to further claim on the specific issue. B. City will review Contractor's timely notice and cost proposal for Disputed Work and provide a decision. If, after receiving the decision, Contractor disagrees with it or still considers the Work required of it to be outside of the requirements of Project Documents, it shall so notify City, in writing, within seven days after receiving the decision, by submitting a notice of potential claim, stating that a formal claim will be issued. Within 30 days of receiving the decision, Contractor shall submit its claim in the form specified herein and all arguments, justification, cost or estimates, schedule analysis, and detailed documentation supporting its position. Contractor's failure to furnish notification within seven Days and all justifying documentation within 30 days will result in Contractor waiving its right to the subject claim. C. Claim Format A. Contractor shall submit the claim justification in the following format: (a) Cover letter and certification; (b) Summary of claim, including underlying facts, entitlement, schedule analysis, quantum calculations, Project provisions supporting relief; (c) List of documents relating to claim including Specifications, Drawings/Plans clarifications/requests for information, schedules, notices of delay, cost calculations and any others; (d) Chronology of events and correspondence: (e) Analysis of claim merit; (f) Analysis of claim cost; and (g) Attach supporting documents referenced in paragraph 2.14.C.1(c), above. D. Required Provisions on Contract Claim Resolution 1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls. 2. Public Contract Code Section 9204 provides: (a) For the purposes of this section, "Claim" means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. (b) Procedure: (1) Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45 days, or if City's governing body must approve City's response to the Claim and the governing body has not met within the 45 days then within three (3) days of the governing body's meeting, shall provide Contractor with a written Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 v2 12 statement identifying what portion of the claim is disputed and what portion is undisputed. Should City take no action on the Claim within 45 days of submission, it shall be deemed denied. (2) If the Contractor disputes City's response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes City's statement it shall inform City and they shall mutually agree to a mediator within 10 business days of the written statement. (3) City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion. (4) Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section. (5) For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a). (6) The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action. (7) Failure by the City to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity's failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 Q 13 (8) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (9) If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so. (10) Nothing in this section shall impose liability upon an City that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (11) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. To the extent applicable, Public Contract Code Section 20104, et seq., provide: (a) For the purposes of this section, "Claim" means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by City. Separate Contractor Claims that together total more than S375,000 do not qualify as a "separate demand of $375,000 or less," as referenced above, and are not subject to this section. (b) Caution. This section does not apply to tort claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code. (c) Procedure: (1) The Claim must be in writing, submitted in compliance with all requirements of General Conditions including, without limitation, the time prescribed by and including the documents necessary to substantiate the Claim. Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in the General Conditions or elsewhere in the Contract Documents. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4922-2061-5061 v2 14 (2) For Claims of fifty thousand dollars ($50,000) or less, City shall respond in writing within forty-five (45) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of City and Claimant. City's written response to the Claim, as further documented, shall be submitted to Claimant within fifteen (15) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (3) For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: City shall respond in writing within sixty (60) days of receipt of the Claim, or City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims City may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of City and Claimant; City's written response to the Claim, as further documented, shall be submitted to Claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater. (4) Meet and Confer: If Claimant disputes City's written response, or City fails to respond within the time prescribed above, Claimant shall notify City, in writing, either within fifteen (15) days of receipt of City's response or within fifteen (15) days of City's failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. (5) Following the meet and confer conference, if the Claim or any portion remains in dispute, Claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Claimant submits its written claim as set forth herein, until the time that Claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 im ATTACHMENT C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract, and for 3 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The City does not accept policies on a claims -made basis. 2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self -insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, elected officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 v2 16 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officers, elected officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. Waiver of Subrogation Contractor herebv agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy langzrage effecting coverage required under this agreement) and a copv of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that the City, its elected officials, officers, employees, and volunteers are listed as additional insureds on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 17 ATTACHMENT D SUPPLEMENTAL CONDITIONS CORONAVIRUS RISKS AND CONSTRUCTION REQUIREMENTS As of this date of this contract, the extent and impact of Coronavirus (also known as "COVID- 19") on this project, including with respect to supplies, materials, and labor, may not be known by the parties. Nevertheless, Contractor acknowledges the need to reasonably foresee the extent and impact of COVID-19; warrants that it has taken such risks into account in preparing its bid and procuring supplies, materials, and labor; and shall be deemed to have assumed the risks associated with COVID-19 by Contractor's voluntary entry into this Contract, except as otherwise expressly stated in the Contract Documents. Contractor hereby acknowledges that it has investigated and is familiar with and shall comply with applicable health orders and construction field safety protocols established by the Health Officer of the County of Sonoma. Contractor shall establish any required Code of Safety Practices and designated a Site Safety Representative as may be required under such orders. Contractor acknowledges that it may be subject to further requirements that may be imposed by State Public Health Officer. Contractor hereby acknowledges that compliance with such requirements constitutes part of the Scope of Work under this Contract. Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK #4822-2061-5061 v2 18 ATTACHMENT E IN -USE OFF -ROAD DIESEL -FUELED FLEETS CERTIFICATION The undersigned Contractor certifies to the City of Rohnert Park ("Owner" or "City") as set forth in sections 1 through 2, below: 1. Certification of Compliance. I hereby certify that I and all of my subcontractors will conform to the California Air Resource Board ("CARB") In -Use Off -Road Diesel -Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in Title 13 CCR section 2449, subdivision (i), subparts (1) — (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision 0), subparts (1) — (5). 2. Instructions. Check one (1) box below. ❑ Contractor's current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.) Contractor certifies that its work on the Project (including work of its S contractors) does not involve the use of vehicles subject to the CARB In -Use Off - Road Diesel -Fueled Fleets requirements. CONTRACTOR: ame o Contractor) Date: c X1 h 4"4-By: C � (Signature) Name: ��Y �'�►� (_�r r cs_, r (Print Name) Its: q t p' (Title) END OF CERTIFICATION Burton Recreation Center Bathroom Floor Installation City of Rohnert Park OAK#4822-2061-5061 Q 19