HomeMy WebLinkAboutSyblon Reid 2016-07-14#1516210
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said delay
or delays, beyond the time herein set forth, in which to complete this
contract; and liquidated damages for delay shall not be charged against
the Contractor.by the City during an extension of time granted because
of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim. Failure
to file said written notice within the time specified shall constitute
a waiver of said claim. Notice of the full extent of the claim and all
supporting data must be delivered to the City within 45 days of the
occurrence unless the City specifies in writing a longer period. All
claims for a time extension must be approved by the City and
incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor shall
pursue only such portions of the work as shall not be damaged thereby.
No portions of the work whose satisfactory quality or efficiency will
be affected by any unfavorable conditions shall be constructed while
these conditions remain, unless, by special means or precautions
approved by the City, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing concrete
forms or placing and finishing concrete or asphalt concrete. Such
unfavorable weather day is defined as a rain day where precipitation
prevents the contractor from performing the work more than four (4)
continuous hours within the authorized work period or a temperature
day where the ambient temperature is below that specified for the
placement of materials associated with the controlling work item for
more than four ( 4 ) continuous work hours of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m., nor on
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Saturdays, Sundays or legal holidays except such work as is necessary
for the proper care and protection of work already performed, or except
in cases of absolute necessity and in any case only with the permission
of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she -first obtains the
written permission of the City and that such permission may be revoked
at any time by the City if the Contractor fails to maintain at night
adequate force and equipment for reasonable prosecution and to justify
inspection of the work.
1.17.. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and the
Contractor or any subcontractor shall not require or permit more than
eight hours of labor in a day from any person employed by him or her
in the performance of the work under this contract, unless paying
compensation for all hours worked in excess of eight (8) hours per day
at not less than 1 It times the basic rate of pay. The Contractor shall
forfeit to the City, as a penalty, the sum of twenty-five dollars
($25.00) for each workman employed in the execution of the contract
by him or her or by any subcontractor, for each calendar day during
which such laborer, workman, or mechanic is required or permitted to
labor more than eight hours in violation of the provisions of Section
1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2)
of the Labor Code of the State of California and any acts amendatory
thereof.
2. CONTRACT PRICE
CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of $30,000.
3. PAYMENT OF CONTRACT PRICE
3.1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are due
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in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or- proper for
performing and completing the work herein required in the manner and
within the time herein specified. The mention of any specific duty or
liability imposed upon the Contractor shall not be construed as a
limitation or restriction of any general liability or duty imposed upon
the Contractor by this contract, said reference to any specific duty
or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
Until the completion and final acceptance by the City of all the work
under and implied by this contract, the work shall be under the
Contractor's responsible care and charge. The Contractor shall rebuild,
repair, restore and make good all injuries, damages, re -erections and
repairs, occasioned or rendered necessary by causes of any nature
whatsoever, excepting only acts of God and none other, to all or any
portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and
hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
investigators arising out of or resulting from the performance of the
work, provided that any such claim, damage, loss or expense (1) is
attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property, other than the work itself,
including the loss of use resulting therefrom and (2) is caused in whole
or in part by any act or omission of the Contractor, any subcontractor;
or anyone directly or indirectly employed by any of them, or anyone
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for whose acts any of them may be liable, regardless of whether or not
it is caused in part by a party indemnified hereunder, or by the
negligence or omission of a party indemnified herein.
In any and all claims against the City or any,of its agents or employees
by any employee of the Contractor, any subcontractor, anyone directly
or indirectly employed by any of them, or anyone for whose acts any
of them may be liable, the indemnification obligation shall not be
limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Contractor or any
subcontractor under workers' or workmen's compensation acts,
disability benefit acts, or other employee benefit acts. The
obligation to indemnify shall extend to and include acts of the
indemnified party which may be negligent or omissions which may cause
negligence.
The City shall have the right to estimate the amount Of such damage
and to cause the City to pay the same and the amount so paid for such
damage shall be deducted from the money due the Contractor under this
contract; or the whole or so much of the money due or to become due
the Contractor under this contract as may be considered necessary by
the City, shall be retained by the City until such suits or claims for
damages shall have been settled or otherwise disposed of and
satisfactory evidence to that effect furnished to the City.
4.2 Insurance. Contractor shall procure and maintain for the
duration of the contract 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 or
her agents, representatives, employees or subcontractors.
4.2. 1. Mini nmm Scope of Insurance
Coverage shall be at least as broad as;
1. Insurance Services Office Commercial Liability
Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
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3. Worker's Compensation insurance as required by the
State of California and Employer's Liability Insurance.
4.2.2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for
bodily injury, personal injury, and property damage. If
Commercial General Liability Insurance or other form with
a general aggregate limit is used, either the general
aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident
for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident
for bodily injury and property damage.
4.2.3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City,
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.
4.2.4. Other Insurance Provisions
The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees, and
volunteers are to be covered as insureds with respect to
liability arising out of automobiles owned, leased, hired
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or borrowed by or on behalf of the contractor; and 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. General liability coverage can be
provided in the form of an endorsement to the Contractor's
insurance, or as a separate owner's policy.
2. For any claims related to this project, the
Contractor's insurance coverage shall be primary insurance
as respects the City, its officers, officials, employees,
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
be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt requested,
has been given to the City.
4.2.5. Acceptability of Insurers
Insurance is to be placed with admitted California insurers
with an A.M. Best's rating of no less than A- for financial
strength, as for long-term credit rating and AMB -1 for
short-term credit rating.
4.2.6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
be on forms provided by the City or on other than the City's
forms, provided those endorsements or policies conform to
the requirements. All certificates and endorsements are to
be received within 15 days from written notice of contract
award, and the work shall not commence until the
certificates and endorsements have been approved by the
City. The City reserves the right to require complete
certified copies of all required insurance policies,
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including endorsements effecting the coverage required by
these Special Provisions at any time.
4.2.7. Subcontractors
Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements
stated herein.
5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach of
the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City has
abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any alleged
breach of the agreement and of the action required to cure the breach.
If Contractor fails to cure the breach within the time specified in
the notice, the contract shall be terminated as of that time. If
terminated for lack of funds or abandonment of the project, the
contract shall terminate on the date notice of termination is given
to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to satisfactorily
cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job site;
C. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with any
other damages suffered by City as a result of said breach.
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6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the Work.
Such changes must be incorporated in written amendments to this
Agreement. To be effective, all such changes as referred to in this
section must be agreed upon in writing by both parties to this
agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by assignment
or novation), without the prior written consent of City.
8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State and
local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is .the express intention of the parties hereto that Contractor
is an independent contractor and not an employee, joint venturer, or
partner of City for any purpose whatsoever. City shall have no right
to, and shall not control the manner or prescribe the method of
accomplishing those services contracted to and performed by Contractor
under this Agreement, and the general public and all governmental
agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance with
federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Contractor and City.
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
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government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify and
hold City and its officers, agents and employees harmless from and
against any claims or demands by federal, state or local government
agencies for any such taxes or benefits due but not paid by Contractor,
including the legal costs associated with defending against any audit,
claim, demand or law suit.
Contractor warrants and represents that it is a properly licensed
for the work performed under this Agreement with a substantial
investment in its business and that it maintains its own offices and
staff which it will use in performing under this Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action concerning
the agreement must be filed and litigated in the proper court in
Mendocino County, each party consenting to jurisdiction and venue of
California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining
provisions shall nevertheless continue in full force and effect
without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto, contains
the entire agreement among the parties and supersedes all prior and
contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement
shall be binding unless executed in writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
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deemed, or shall constitute a waiver of any other provision, nor shall
any waiver constitute a continuing waiver. No waiver shall be binding
unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be'deemed to have been given
when personally delivered, emailed, telefaxed or deposited in the
United States mail with proper first class postage affixed thereto and
addressed as follows:
CONTRACTOR
Syblon Reid
P.O. Box 100
Folsom, CA 95763
Email: karenr@srco.com
FAX: 916-351-1674
CITY
City of Ukiah
300 Seminary Ave.
Ukiah, CA. 95482
Email: mwilliamson@cityofukiah.com
FAX: 707-463-6204
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent by
providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience and
reference only and are not intended to define or limit the scope of
this agreement.
16. EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this
Agreement may be executed and delivered by facsimile or other
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electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial proceeding
to prove the terms and content of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
SYBLON REID
CITY OF UKIAH
By By
SYBLON REID CONSTRUCTION, INC., Partner Sage S giacomo
Gregory B. Cederstrom, President City Manager
California Contractor's License Number 758610 [Number or N/A)
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1130 Sibley Street P.O. Box 100 (916) 351-0457 srco@srco.com
Folsom, CA 95630 Folsom, CA 95763 (916) 351-1674 fax www.srco.com
5/13/2016
Harry Modi
RE: City of Ukiah — Lake Mendocino Dam
Subject: Request for Proposal —Lake Mendocino Dam Top Seal Installation
Mr. Modi:
This letter is in. response to the City of Ukiah's request for the installation of the Top Seal,at Lake Mendocino Darn. This proposal
is based on the information provided within City of Ukiah— Lake Mendocino Dani — Top Seal Install Memorandum HDR 394-
268535 document. Option C was used as the basis of this proposal.
Syblon Reid will be using Seal. Unlimited to manufacture the seal. Their plan is to use the mockup and as -built dimensions to
create a mold that will be specific to this application. This will enhance the product by includin- the bull nose in the final product
and eliminating afield cut of the seal that could result in a leak. Additionally it is Seal's Unlimited recommendation that the bolt
holes. are circular and not slotted. A slotted hoLe will result in uneven pressure from the bolt that will cause a scalloping effect to
the seal which will also result in leaks. We believe that by following Seal's Unlimited suggestions we would be;installing a
superior quality produce that will perform as intended.
The project will consist of the following;
• Removal of the existing seal
•. Pressurewashingand cleaning the surface. ofthegate
Performing -,velding.repair work
• Constructing and Mock— Up of the seal
• Installation.of the new Seal
o Perform in -field drilling of the bolt.holes
Syblon Reid as excluded the following.from this proposal;.
• Permits
• Bonds
• Engineering
• Special Insurance's
Syblon Reid proposes to install the seal and perform the work as planned for the amount of 530,000.00. Syblon Reid's .culture is
based on building safe, quality projects and we believe that this project will benefit from our experience and capabilities. We
appreciate the opportunity to provide a response to the City of Ukiah's request and look forward to this opportunity.
Should you have any questions please contact me at (916) 9904585 cell or (916) 3514345 office.
Sincerely,
Matt Bothun
Project Manager
Syblon Reid
Exhibit `A'
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