Simpson Sheet Metal, Inc. Contract for Construction Animal Shelter Rofftop HVAC Duct Reseal 2025 0528 SHORT FORM
CONTRACT FOR CONSTRUCTION
This Agreement is made this day of M , 2025 between the City of
Rohnert Park ("City") and Simpson Sheet Metal, Inc. ("Contr r"), License No. 416913, DIR
No. 1000003074, DIR Expiration Date June 30, 2027, for the following project("Project"):
Project: Animal Shelter Rooftop HVAC Duct Reseal
Project Address: Rohnert Park Animal Shelter, 301 J Rogers Lane, 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 Three Thousand One
Hundred Twenty-Eight Dollars and No Cents ($3,128.00) (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.
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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—CARE 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
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.
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SECTION 5—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
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 SIMPSON SHEET METAL, INC.
,ice 05/28/2025
V essa Garrett o0ILI es—
Date Nancy Taylor Date
Public Works Director Vice President
Per Purchasing Policy adopted by Resolution 2022-052
ATTEST:
City C er
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ATTACHMENT A
SCOPE OF WORK
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, services, and/or any other act or thing required to diligently and fully perform and
complete the work ("Work") generally described as resealing the rooftop ductwork for two (2)
HVAC unit zone at the Rohnert Park Animal Shelter located at 301 J Rogers Lane in Rohnert
Park as described in the attached scope of work.
Additionally, Contractor's scope of work includes, but is not limited to,the following:
• Provide labor, material and equipment to perform 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.
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Attachment A
P.O. Box 2834, Santa Rosa, CA 95405
SIPSN Phone: 707-576-1500
Fax: 707-576-1639
SHUNT M T/RL INC.
Proposal
Submitted City of Rohnert Park Job Name: RP Animal Shelter Reseal Duct
To:
Address: 301 J Rogers Ln Job Address: 301 J Rogers Ln
Rohnert Park, CA 94928 Rohnert Park, CA 94928
Phone: 707-907-8889 Date: April 23, 2025
Attention: Randy Cadwell Estimator: Jeff Pierce
HVAC Scope of Work
• Reseal rooftop ductwork for(2) package unit zones.
• All work to be performed on straight time.
Excludes:
- Overtime.
- Permits, Bonds and fees.
- Roofing.
- Coring, cutting, patching, painting.
- Air balance testing and reports.
- Structural Calcs, mechanical engineering, or Title 24 calculations.
- Repairs to existing equipment and ductwork to remain.
- Duct leakage testing.
Bid Price for above scope of work $ 3,128.00
We propose to furnish labor and materials complete in accordance with specifications above for the amount of:
Dollars:
Payment to be made as follows: Progressive as billed
All material is guaranteed to be as specified.All work to be completed in a workman like manner according to standard Authorized Signature: jell C7
practices.In the event legal action is instituted by either party.The prevailing party shall be entitled to reasonable attorneys D_r r J te'tce
fees and costs.After 30 days any unpaid invoices or portions thereof will be charged interest at 5%plus the rate established
by the F.R.H.of S.F.on advances to members banks under section#13&I3A of the F.R.act.All agreements contingent upon Proposal good for 30 days.
strikes,accidents or delays beyond our control.Our workers are covered by Workers Compensation Insurance.
Acceptance of Proposal-The above prices,specifications,and conditions are
satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment Signature
will be made as outlined above.I have read and agree to all exclusions.
5
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
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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
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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.
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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.
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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
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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
1. 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
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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.
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(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.
3. 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.
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(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.
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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).
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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 furnish the City with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage
required under this agreement) and a copy 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.
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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.
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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 (j), subparts(1) —(5).
2. Instructions. Check one (1)box below.
nContractor'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
ubcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-
Road Diesel-Fueled Fleets requirements.
CONTRACTOR: Simpson Sheet Metal, Inc.
(Name of Contractor)
05/28/2025
Date: By: I
(Signature)
Name Nancy Taylor
(Print Name)
Its: Vice President
(Title)
END OF CERTIFICATION
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Contract Animal Shelter Duct Reseal
Final Audit Report 2025-05-28
Created: 2025-05-27
By: Heather Rathbun(hrathbun@rpcity.org)
Status: Signed
Transaction ID: CBJCHBCAABAAYNs5Bufa7Ne7CxNRZJLeeTAmOKwwjXkA
"Contract Animal Shelter Duct Reseal" History
Document created by Heather Rathbun (hrathbun@rpcity.org)
2025-05-27-10:03:22 PM GMT
Document emailed to Nancy Taylor(nancyt@ssmhvac.com)for signature
2025-05-27-10:03:28 PM GMT
Email viewed by Nancy Taylor(nancyt@ssmhvac.com)
2025-05-28-3:06:25 PM GMT
Document e-signed by Nancy Taylor(nancyt@ssmhvac.com)
Signature Date:2025-05-28-3:07:33 PM GMT-Time Source:server
Agreement completed.
2025-05-28-3:07:33 PM GMT
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