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HomeMy WebLinkAboutCC RESO 15,348RESOLUTION NO. 15,348 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING CONTRACT (DISTRICT NO. 224--22ND STREET - "J" AVENUE TO "K" AVENUE) WHEREAS, the City Clerk of the City of National City did in open session on the 29th day of June, 1987 publicly open, examine and declare all sealed proposals or bids for doing the work and improvement described in Resolution of Intention No. 14,948 for the construction of street improvements, 22nd Street - "J" Avenue to "R" Avenue, Assessment District No. 224 which said Resolution of Intention was adopted on the 13th day of May, and which Resolution of Intention is hereby expressly referred to for a description of said work and improvement and for all particulars relative to the proceedings under said Resolution of Intention; NOW, THEREFORE, it is hereby resolved that the City Council of the City of National City hereby rejects all of said proposals or bids except that herein mentioned, and hereby awards the contract for doing said work and making said improvements to the lowest responsible bidder, to wit: MUR-VIC CONSTRUCTION at the prices named in the bid of such bidder on file in the office of the City Clerk of the City of National City. The Clerk of the City of National City is hereby directed to publish notice of said award in the National City Star News, a newspaper heretofore designated for that purpose by said City Council of the City of National City, and also to post notice of said award conspicuously in the Civic Center, National City, California, and to record the same in the office of the San Diego County Recorder. PASSED and ADOPTED this 7th day of July, 1987. George . Waters, Mayor ATTEST: APPROVED AS TO FORM: 711. Geor§e H. Eiser, III -City Attorney CITY OF NATIONAL CITY Office of the City Engineer 1243 National City Boulevard, National City, Ca. 92050-4397 (619) 336-4380 CONTRACT °ACT JU OC M E!!ll Pra NI Z7 22ND STREET - "J" AVENUE TO "K", AVENUE bid opens JUNE 2? , 3_987 specification no. 3_007 work order no. 0957 cip no. DISTRICT NO. SPECIFICATION NO. 1911 ACT INDEX SECTION A Pages Notice Inviting Sealed Proposals 1-4 Proposal 1-3 Bid Bond 1 Non -Collusion Affidavit 1 Designation of Sub Contractors 1 Agreement -.,.j, 1-4 Performance Bond 1 Labor and Material Bond 1-2 SECTION B General Provisions SECTION C Special Conditions DRAWINGS Index NOTICE INVITING SEALED PROPOSALS Pursuant to the "Improvement Act of 1911" and amendments thereto and to Resolution of Intention No. 14948 , adopted on the 13th day of May , 19 86 , by the Council of the City of National City, California, on file in the office of the City Clerk of said City, said Council, by Resolution No.15,318 , ordered the work described in said Resolution of Intention, to wit: All the street work and improvements described in Resolution of Intention No. 14,948 , adopted by the City Council on the 13th day of May , 1986 and on file in the office of the City Clerk of said City for the improvement of: 22nd Steeet - "J" Avenue to "K" Avenue Assessment District No. 224 Specification No. 1007 For a particular description of the work, reference is hereby made to said Resolution of Intention. The costs and expenses of said work and improvement are to be assessed upon a district which is more particularly described in said Resolution of Intention, except that certain portions of said costs are to be paid from City Funds. The Council of the said City of National City ascertained and declared the prevailing rate of per diem wages paid by private employers in the said City of National City, for the same quality of service for a day of eight (8) hours for each craft, laborer, type of workman or machanic needed to execute said work, which rate and scale is as follows, to -wit: -1- 4 The City Council of the City of National City has, by Resolution No. 12,407 dated July 12, 1977, , on file in the office of the City Clerk of National City, determined the prevailing rate of per diem wages for the locality. Said Resolution No. 12,407 hereby incorporated by reference as though set out in full. -2- The Contractor shall, in the performance of the work and improvement, conform to the Labor Code of the State of California applicable thereto, with the exception only of such variations as may be required under the special. statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code; preference to labor shall be given only in the manner provided by law. Veterans and local labor shall be given preference by the Contractor wherever possible, if skill and working ability permit without increasing the ultimate cost of the work to the City of National City and its Officers. All proposals or bids shall be accompanied by a check payable to said City of National City and certified by a responsible bank for an amount which shall not be less than ten (10) per cent of the aggregate of the proposal or by a bond for said amount and so payable, signed by the bidder and two sure- ties, who shall justify before any officer competent to administer an oath, in double the said amount and over and above all statutory exemptions or by a corporate surety bond in said amount, satisfactory to the Superintendent of Streets. NOTICE IS HEREBY GIVEN inviting sealed proposals, or bids, for doing all the work hereinabove described and ordered in said Resolution No. 15.318 ordering the work. Resolution of Intention No. 14,948 is hereby referred to for a description of said work and improvement, the grades to which it is to be done, a description of the district to be assessed to pay the costs and expenses thereof, the bonds to be issued, and for allfurther particulars contained in said Resolution of Intention No. 14,948 , Reference is hereby further made to the plans and specifications and detailed drawings for said work on file in the office of the City Clerk of said City of National City as Document No. 901-5-1 , in accordance with which said work shall be done. NOTICE IS FURTHER GIVEN that said proposals, or bids, shall be delivered to the City Clerk of the City of National City on or before 3:00 O'Clock PM , . . zqj Igd7 19 47 , at the office of said City Cle k in the City Hall of the City of National City, California. Room 111 of the City Hall is hereby fixed as the time and place of a public meeting at which public meeting said bids will be publicly opened, examined, and declared by the City Clerk of the City of National City. The City Council reserves the right to reject any and all proposals, or bids, should it deem necessary for the public good, and also the bid of any bidder who has been delinquent or unfaithful in any former contract with the City of National City. Plans and Specifications may be obtained from the City Engineer. A Ten Dollar ($10.00), no return, cost will be charged for all plans and specifications. All bids are to be compared on the basis of the City Engineer's Estimate of the quantities of work to be done. No bid will be accepted from the Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of Business and Professions Code. The sum of B1900.00 will be payable to the City for preliminary incidental expenses, by the Contractor, prior to final signing of the Agreement by the City's Superintendent of Streets for 1911 Acts. Dated: for / p57 -4- IONE CAMPBELL,, C'ty Clerk PROP O S A L THE IMPROVEMENT OF: ASSESSMENT DISTRICT NO. 224 22nd Street - "J" Avenue to "K" Avenue SPECIFICATION NO. 1007 TO: City of National City, State of California, Acting by and through its City Council, herein called the "CITY". 1. Pursuant to and in compliance with your NOTICE INVITING SEALED PROPOSALS and other Documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the Plans and Specifications and other Documents, hereby proposes and agrees to perform,:' within the '.time ':stipulated,`the Contract, including all of its componet parts and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the Contract and complete in a workmanlike manner all of the work required in connection with: THE IMPROVEMENT OF 22nd Street "J" Avenue to "K" Avenue ASSESSMENT DISTRICT NO. 224 SPECIFICATION NO. 1007 A 1911 Improvement Act Project all in strict conformity with the Plans and Specifications and other Contract Documents, including Addenda No. 0 , 0 0 , AND 0 , on file in the Office of the City Clerk of the City of National City, for the unit prices and lump sums set forth in the follow- ing schedule: Proposal -1- BIDDER AGREES TO PERFORM ALL THE CONSTRUCTION WORK DESCRIBED IN THE SPECIFICATIONS AND SHOWN ON THE PLANS, FOR THE FOLLOWING UNIT PRICES: ITEM APPROX. ITEM WITH UNIT PRICES UNIT PRICE TOTAL PRICE NO. QUANTITY (WRITTEN IN WORDS) (IN FIGURES (IN FIGURES) 1. 6 L.F. Remove A.C. Berm @ ten dollars Per L.F. $ 10.00 $ 60.00 2. 1,090 S.F. Remove PCC Flatwork @ two dollars and fifty cents Per S.F. $ 2.50 $ 2,725.00 3. 184 CY Earthwork @ thirty dollars Per Cubic Yard 4. 8,876 SF Construct 51" PCC paving @ two dollars and fifty cents Per Sq. Ft. 5. 100 $ 30.00 $ 5,520.00 $ 2.50 $ 22,190.00 SF Construct 31" PCC; Sidewalk two dollars fifty Per Sq. Ft. $ 2.50 $ 250.00 6. 4 EA Construct PCC Handicap Ramp @ three hundred fifty dollars Per Each $ 350.00 $ 1,400.00 7. 625 S.F. Construct 2" A.C. on Native @ two dollars Per Sq. Ft. $ 2.00 $ 1,250.00 8. 6 LF Construct A.C. Berm at twenty dollars Per Lin. Ft. $ 20.00 $ 120.00 9. 600 SF Construct 31" PCC Driveway @ two dollars fifty cents Per Sq. Ft. $ 2.50 $ 1,500.00 PROPOSAL .ITEM APPROX. ITEM WITH UNIT PRICES UNIT PRICE TOTAL NO. QUANTITY (WRITTEN IN WORDS) PRICE(IN FIGURES) 10. 2 EA Construct Stop Sign @ two hundred dollars Per Each $ 200.00 $ 400.00 11. L.S. Traffic Control at five hundred dollars PerL.S. $ 500.00 12. L.S. Construction Staking @ three thousand dollars $ 500.00 Per L.S. $ 3,000.00 $ 3,000.00 TOTAL $ 38,915.00 PROPOSAL 2. It is understood that the City Reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period prescribed in the General Provisions of the Contract Documents. 3. If awarded the Project, work will begin in ten (10) days after signing of the agreement and will be completed ( ) days thereafter. (Saturdays, Sundays and legal holidays excluded). 4. The required bid security consisting of in the amount of bid bond. DOLLARS ($ ) is hereto attached. 5. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed or delivered to the undersigned within the period specified in the General Provisions, the undersigned agrees that he will execute and deliver to the City a Contract in the form attached hereto in accordance with the bid accepted and that he will also furnish and deliver to the City, the Performance Bond and Labor and Material Bond, as specified, all within seven (7) days after receipt of noti- fication of award, and that the work under the -Contract shall be commenced by the undersigned bidder, if awarded the Contract, on the date to be stated in the City's notice to the Contractor to proceed, and shall be completed by the Contractor in the time specified in Article II of the Agreement of said Contract Documents. 6. Notice of Acceptance or requirest for additional information should be addressed to the undersigned at the address stated below. Licensed in accordance with an Act providing for the re- gistration of Contractors. CITY LICENSE No. LICENSE NO. 38952/ Mur-Vic Constructioy Tnc. PROAME, 0 LICENSE TYPE A ADDRESS: 404 Mission Gorge Road San Diego, California 92120 DATED: June 29, 1987 TELEPHONE: (619) 265-8009 CORPORATE CERTIFICATE I, Floyd Victor , certify that I am the Secretary of the Corporation named as Contractor in the foregoing contract; that Floyd Victor and who signed said Contract on behalf of the Contractor were then Secretary and Financial Officer respectively of said corporation; that said Contract was duly signed for and in behalf of said Corporation by authority of it governing body and is within the scope of its corpor i ..wer . (CORPORATE SEAL) vBy. Proposal -3- BID BOND KNOW ALL MEN BY THESE PRESENTS, That we MUR-VIC CONSTRUCTION COMPANY, INC. as Principal, and GOLDEN EAGLE INSURANCE COMPANY , as Surety, are held and firmly bound into -the CITY OF NATIONAL CITY, hereinafter called the City, in the penal sum of TEN PERCENT OF THE BASE BID DOLLARS ($ 10% ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves,our heirs, executors, administrators, and suc- cessors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principalas submitted the accompanying bid dated JUNE 29, 19 for ASSESSMENT DISTRICT NO. 224 SPECIFICATION NO. 1007 A 1911 ACT PROJECT NOW, THEREFORE, if the aforesaid principal is awarded the Contract and, within the time and manner required under the specifications after the pre- scribed forms are presented for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files the two bonds with National City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the obligee and judgement is recovered, the surety shall pay all costs incurred by the obligee in such suit including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF the above -bounded parties have executed this instr ent under their several seals this 26TH day of JUNE 19% the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Two Witnesses (if individual); kkrTEST (if corporation); 'Corporate Seal MUR-VIC CONSTRUCTION COMPANY, INC. Title: Title Financial Officer ATTEST: Corporate Seal Financial Officer/Secretary GOLDEN EAGLE INSURANCE COMPANY By: TLh . ure 4 Title Title ATTORN '2IDi-F11 Bid Bond -1- 7175 NAVAJO ROAD, SAN DIEGO, CA 92119-1642 ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ON THIS 26TH DAY OF JUNE 1987 BEFORE ME PERSONALLY APPEARED TERRY GAGE , KNOWN TO ME TO BE (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY -IN -FACT OF GOLDEN EAGLE INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN INSTRUMENT. IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR IN THIS CERTIFICATE FIRS ] -WRITTEN ABOVE. GIGI MARIE DIRENZA NOiA:",Y PUB11C • FORNIA PRINCIPAL OFFME fN SAN DIEGO COUNTY r:.0.45i"S anita,•6P My Commtssian F1.Y 2. 1490 GOLDEN EAGLE INSURANCE COMPANY EXECUTIVE OFFICES San Diego, California BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and appoint Terry Gage of San Diego, California its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and its act and deed, any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds TWO MILLION DOLLARS ($2,000,000.00) This power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in - Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: this March 10, 1986 GOLDEN EAGLE INSURANCE COMPANY By Micha:I E. J e . President On this 10th day of March, 1986, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Michael E. James, President, of GOLDEN EAGLE INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Company, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. i • OFFICIAL SEAL • • MARY E. LEIGH ,»J Notary Public•Caldornia 7 Principal Office In San Diego County My Comm. Exp. Jan. 2, 1988 , STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: • Notary Public I, the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 26TH day of JUNE 19 87 LARRY G. MABEE Secretary Any correspondence regarding this Power of Attorney, address to: 7175 Navajo Road San Diego, Califomia 92119-1642 NON -COLLUSION AFFIDAVIT FOR EACH AWARDEE OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) The undersigned, being first fully sworn, deposes and says that he is , of herein called the CONTRACTOR, that the Contractor has submitted a bid in connection with a certain project located at National City, California, and identified as 22nd Street "J" Avenue to "K" Avenue Assessment District No. 224 Specification No. 1007 Project; that he is familiar with the circumstances affecting the preparation and making of such bid and is properly qualified to make this affidavit; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other bidder to put in false or sham bid, and has not directly or in- directly colluded, conspired, connvied, or agreed with any bidder or any one else to put in a sham bid, or that any one shall refrain from bidding; that the Contractor has not, in any manner, directly or indirectly sought by agreement, communication or conference with any one to fix the bid price of the contractor or of any other bidder, or to fix any overhead, profit, or cost element and such bid price, or of that of any other bidder, or to secure any advantage against the entity awarding the contract, or any one interested in the proposed contract; that all statements contained in such bid are true; and, further that the Contractor has not, directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have . .artnership or other financial interest within his general y'SIGNE TITLE: Financial Officer/Secretary Subscribed and sworn to before me this Z.(o day of JI» 1),1l1S-J "fi t W\ik/ NOTARY PUBLIC in and or said County and State My commission Expires Z� Floyd Victor Here type or print name of affiant ,19. OFFICIAL SEAL • ,Ernest P. Maschner• ♦ e/1 NOTARY PUBLIC-CALIFORNIA 40S•% PRINCIPAL OFFICE IN S • yam: SAN MEGO COUNTY • • My Commission Expires Apr. 24.1990 t 4+•-•4••fs-+-- S•* S i.A.ri NON -COLLUSION AFFIDAVIT - 1 1-1 •+f DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of Sections 4100 - 4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and the location of the mill, shop or office of each subcon- tractor who will perforce work or labor or render service to the contractor in or about the construction of the work.or improvement to be performed under these specifications, and the portion of the work which will_be done_by each subcontractor. If the contractor fails to specify a subcontractor for any portion of the work to be preformed under the contract he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work as to which no sub- contractor was designated in the original bid shall only be permitted in accordance with provisions of the Government Code of California. DIVISION OF WORK SUBCONTRACTORS ADDRESS Engineering Pountney and Associates 4455 Murphy Canyon Road C 22610 San Diego, CA 92123 ASSESSMENT DISTRICT 224 SPECIFICATION NO. 1007 Mur-Vic Construction Company Inc. �'sepgr Name of Bi'der VB. Address: DESIGNATION OF SUBCONTRACTORS: 1-1 7404 Mission Gorge Road San Diego, California 92120 AGREEMENT THIS AGREEMENT, made and entered into this day of 19 87 by and between FIRST PARTY, AND Robert E. Onley as Superintendent of Streets, of the CITY OF NATIONAL CITY, County of San Diego, State of California SECOND PARTY, under and by virtue of the authority granted him by an Act of the Legislature of the State of California designated the "Improvement Act of 1911", approved April 7, 1911, and amendments thereto, which said Improvement Act of 1911 is now embodied in the Street and Highways Code of the State of California as Division 7 thereof, and also in the Public contract Code of said State as Division 2, Article 27 thereof, WITNESSETH THAT WHEREAS, the First Party (as will more fully appear by reference to the proceedings of the CITY COUNCIL of the CITY OF NATIONAL CITY in the County of San Diego, State of California, on the day of 19 87 ) has been awarded the contract for the work herinafter mentioned; NOW, THEREFORE, these presents witnesseth that for and in consideration of the full and complete performance of the covenants herein mutually agreed to be performed, the parties hereto do covenant and -agree as follows: Said First Party promises and agrees to do or perform or cause to be performed in a good and workmanlike manner under the direction of and to the satisfaction of the Superintendent of Streets of Said CITY OF NATIONAL CITY, and in accordance with the plans and specifications heretofore adopted by the CITY COUNCIL OF THE CITY OF NATIONAL CITY on the day of 13th May , 19 86 , all of the work and improvements des- cribed by Resolution of Intention No. 14,948 , of the CITY COUNCIL of the CITY OF NATIONAL CITY adopted on the 13th day of May 19 , a copy of said Resolution of Intention being annexed hereto as a part hereof and hereby referred to for further particulars, said work being the IMPROVEMENT OF ASSESSMENT DISTRICT NO. 224 SPECIFICATION NO. 1007 22nd Street - "J" Avenue to "K" Avenue. Agreement 1 :to The Contract entered into by the acceptance of the bid of the First Party and the signing of this Agreement consists of the following documents, all of which are a component part of this contract and as fully a part hereof as if herein set out in full and if not attached as if hereto attached: 1. THIS AGREEMENT 2. SPECIFICATIONS 3. PLANS 4. NOTICE INVITING SEALED BIDS 5. BID FORM A11 of the Documents hereinabove referred to as being a part of this contract are on file in the office of the City Clerk of said CITY OF NATIONAL CITY. Said First Party sha1l4urnish all the necessary tools, equipment, labor and materials required for the performance and completion of said work and improvement and all materials used shall comply with the said specifications and be -to the satisfaction of the "Superintendent of Streets" of said CITY OF NATIONAL CITY. The Second Party Acting in his official capacity as said "Superintendent of Streets" and not individually, hereby fixes the time for the commencement of said work under this contract to be the day of , 19 87, and the said work and improvement shall be prosecuted with diligence from day to day thereafter to completion which time for completion, which time for completion is fixed in the Bid Form which is a part hereof. Said Second Party promises and agrees that upon the full and complete performance by said First Party of the covenants herein contained and upon the performance and completion of said work and improvement in accordance with the provisions of this contract an assessment and diagram will be made and issued with a warrant attached thereto in the manner provided in said "Improvement Act of 1911", at the following unit prices and lump sums, to -wit: Agreement - 2 BIDDER AGREES TO PERFORM ALL THE CONSTRUCTION WORK DESCRIBED IN THE SPECIFICATIONS AND SHOWN ON THE PLANS, FOR THE FOLLOWING UNIT PRICES: ITEM APPROX. ITEM WITH UNIT PRICES UNIT PRICE TOTAL PRICE NO. QUANTITY (WRITTEN IN WORDS) (IN FIGURES (IN FIGURES) 1. 6 L.F. Remove A.C. Berm @ Per L.F. $ $ 2. 1,090 S.F. Remove PCC Flatwork Per S.F. $ $ 3. 184 CY Earthwork @ Per Cubic Yard $ $ 4. 8,876 SF Construct 51" PCC paving Per Sq. Ft. 5. 100 $ $ SF Construct 31" PCC, Sidewalk Per Sq. Ft. $ $ 6. 4 EA Construct PCC Handicap Ramp @ Per Each $ $ 7. 625 S.F. Construct 2" A.C. on Native @ Per Sq. Ft. $ $ 8. 6 LF Construct A.C. Berm at Per Lin. Ft. $ $ 9. 600 SF Construct 31" PCC Driveway Per Sq. Ft. $ $ AGREEMENT ITEM APPROX. ITEM WITH UNIT PRICES UNIT PRICE TOTAL NO. QUANTITY (WRITTEN IN WORDS) PRICE(IN FIGURES) 10. 2 EA Construct Stop Sign @ Per Each $ $ 11. L.S. Traffic Control at PerL.S. $ $ 12. L.S. Construction Staking Per L.S. $ $ TOTAL $ AGREEMENT together with such incidental expenses as are necessarily incurred in said work, and as may be authorized by law. All fittings and appurtenances, unless otherwise noted, are included in the foregoing Bid Price. All payments are to be based on Unit Prices as bid by the Contract. All payments are to be made on the actual quantities installed or constructed. And it is further agreed and expressly understood by the Parties to this contract, and notice thereof is hereby expressly given, that in no case except where it is otherwise provided by law will said CITY OF NATIONAL CITY, or any officer or employee therof be liable for any portion of the expenses of the work aforesaid or for any delinquency of persons or property assessed. IN WITNESS WHEREOF, the said First Party and the said Second Party, as such "Superintendent of Streets" and not otherwise, have hereunto set their hands, all on the day and year first above written. Licensed in accordance with) an Act providing for the ) CONTRACTOR registration of Contractors) FIRST PARTY License No. ) BY: License Type ) City License No. )) BY: Title Title SUPERINTENDENT OF STREETS for the CITY OF NATIONAL CITY SECOND PARTY CORPORATE CENTIFICATE I� , certify that I am the Secretary of the Corporation named as Contractor in the foregoing contract; that and who signed said Contract on behalf of the Contractor were then and respectively of said corpora- tion; that said contract was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. BY: SECRETARY (CORPORATE SEAL) Agreement - 4 1, PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That WHEREAS, CITY OF NATIONAL CITY, by Resolution passed 19 87 , has awarded to hereinafter designated as the "Principal" a contract for: 22nd Street - "J" Avenue to "K" Avenue ASSESSMENT DISTRICT NO. 224 SPECIFICATION NO. 1007 1911 ACT WHEREAS, said Principal is required under the terms of said contract to furnis a bond for the faithful performance of said contract; NOW, THEREFORE, We, the Principal, and as Surety, are held and firmly bound into CITY OF NATIONAL CITY, hereinafter called the "OBLIGEE", in the penal sum of DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITIONS OF tHIS OBLIGATION IS SUCH that if the above -bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the obligee, its officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in anywise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications, In the event suit is brought upon this bond by the obligee and judgement is recovered, the surety shall pay all costs incurred by the obligee in such suit including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF, four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an orginal hereof, have been duly executed by the Principal and Surety above named, on the day of 19 BY: PRINCIPAL SURETY (25%) Performance Bond (1) ATTORNEY -IN -FACT LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS; CITY OF NATIONAL CITY, by Resolution passed 19 87 has awarded to hereinafter desingnated as the "Principal", a contract for: ASSESSMENT DISTRICT NO. 224 22nd Street - "J" Avenue to "K" Avenue SPECIFICATION NO. 1007 A 1911 ACT PROJECT WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal or any of his or its subcontra- ctors shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for, or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, We the Principal and as Surety are held and firmly bound unto CITY OF NATIONAL CITY in the penal sum of DOLLARS ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made we bind ourselves our heif§, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for, or about the performance of work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemploy- ment Insurance Act, as required by the provisions of Sections 4200 and 4208 inclusive Government Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth; and also will pay in case suit is brought upon this bond such reasonable attorney's fees, as shall be fixed by the Court, awarded and taxed as in the above -mentioned statute provided. This bond shall insure to the benefit of any and all persons companies and corporations entitled to file claims under Section 1192.1 of the California Code of Civil Procedure,so as to give a right of action to them or their assigns in any suit brought under this bond. And the said Surety, for value received hereby stipulates and agree that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise effect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specification. Labor and Material Bond -1- IN WITNESS WHEREOF four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above -named, on the day of , 19 BY: BY. Principal Surety Attorney -in -Fact Labor & Material Bond - 2 (50%) SECTION B GENERAL PROVISIONS B-01 AUTHORITY FOR WORK: The work proposed herein is by special assessment proceedings. The contractor will not be paid in cash, but upon completion and confirmation by the governing body will be delivered an assessment, diagram and warrant, constituting liens on the property to be assessed, to pay for the cost of the work. Said assessment will cover the cost of the total work done, at the unit prices bid, plus all incidental expenses. The contractor will be required to advance, at time of signing of contract, all incidental expenses incurred to that date, and the balance before receiving the assessment, warrant, and diagram. The work is being done pursuant to the provisions of the "Improvement Act of 1911" (Div. 7 of the Streets & Highways Code of the State of California), and also (Division 2, Article 27, Public Contract Code). B-2 DEFINITIONS: As used in these specifications the word "DISTRICT" refers to the Assessment District established for the purpose of paying the costs of the improvements herein described. As used in these specifications the word "CITY" refers to the City of National City. As used in these specifications the Word "ENGINEER" shall be under- stood to mean the person specifically appointed to prepare plans and specifications for and/or to have advisory supervision of construction of the work herein described. As used in these specifications, the word "CONTRACTOR" shall be under- stood to mean the person or persons, firm or firms, co -partnership, or corporation, who has submitted a proposal and entered into a contract with the Engineer or Superintendent of Streets to perform work herein described; said contract specify- ing that all work described in these specifications shall be considered to be under what is termed a "General contract", in conformity with the provisions of the "Street Improvement Act of 1911", and other provisions herein set forth and the terms and provisions of the contract and bonds to be later executed in accor- dance with an award hereunder. As used in these specifications, the word "SUB -CONTRACTOR" shall be understood to mean the person or•persons, firms or corporation, in the singular or plural to whom the Contractor has sublet any part of the work covered by these specifications. As used in these specifications, the word "BIDDER" shall mean the person, individual, firm, co -partnership or corporation who may submit a proposal for the work herein described. Whenever the words "PLANS AND SPECIFICATIONS" are used they shall be understood to include all the attached drawings illustrating, and all of the written describing the contemplated work. Whenever in these specifictions the words "GOVERNING BODY" are used, they refer to and. mean the governing body of the political subdivision of the State of California which has ordered and adopted these plans and specifications, and under whose juris diction, and by whom, the proceedings for the work are being conducted. The definitions hereby given shall supersede those of the"Standard Specifications for Public Works Construction." B-03 WORK TO BE DONE: It is the intention of the Governing Body to construct improvements as shown and set forth on the plans, profiles and detailed drawings, and in the particular locations shown upon the drawings. All of the above mention- ed work is particularly set forth in the Plans and Profiles, these Specifications, and is generally described in the Resolution of Intention adopted by the Govern- ing Body, and includes all said work, together with all other work incidental thereto. The said improvements shall also include all structures, connections, and appurtenances, whether of new construction or to existing structures, and all work must be constructed in place according to these plans and specifications. All costs and expenses of any kind or nature will be borne by the CONTRACTOR, including the clearing of the ground and right of way for the construction of these improve- ments, the removal of all obstructions including trees, roots, shrubs, and stumps, and the adjustment of manhole covers, valve boxes and other structures to conform with the finished pavement grade. The work and improvement to be done under these specifications are a part of the proposed contract, which includes the furnishing of all labor, materials and equipment necessary and incidental thereto, and as may be required or pertain to the construction or completion of the work described in these plans and specifications, and the Contractor shall be required to provide himself, at his own cost and expense, all necessary insurance as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required. B-04 PROPOSAL: Proposals to receive consideration shall be made in accordance with the following instructions: (a) The proposal shall be made upon the form provided therefor, properly and with all items filled out, amounts to be stated in both words and in figures, and the signature of all persons signing shall be in writing. These completed forms should be without interlineations, alterations, or erasures. It shall be delivered to the Clerk of the Governing Body. No bidder shall submit or be interesed in more than one proposal for the work. (b) Proposals shall contain only the quotation for which the form is prepared. _ (c) Each proposal shall be accompanied by an unconditional check and certified by a responsible bank, for an amount which shall be not less than ten (10) percent of the aggregate of the proposal, or by a bond for said amount and so payable, signed by two personal sureties who shall justify, before any officer competent to administer an oath, in double said amount and over and above all statutory exemp- tions, or by a bond for said amount and so payable written by corporate surety authorized to transact such business in the State of California. Said check or bond shall be a guaranty that the bidder, if awarded the work, will enter into a contract agreement therefor within the time prescribed by law. In case of refusal or failure of the awardee to enter into said contract agreement, the check or bond, as the case may be, shall be forfeited and shall be collected by the Governing Body and paid into its general fund. - 2- B-05 EXMIINATION OF CONDITIONS, DRAWINGS, ETC.: Each bidder shall visit the site of the proposed work and fully acquaint himself with conditions relating to construction and labor so that he may fully understand the facilities, difficulties and restrictions attending the performance of the work under the contract. Bidders shall examine and be familiar with the drawings and specifications. The submission of proposal shall be taken as conclusive evidence of compliance with this section. B-06 vT'tTshjl�&trkr OF PROPOSAL: Bids may be withdrawn by the bidder party prior to, but not after, the time fixed for opening of the bids. Said bids shall be under the jurisdication of and subject to final acceptance or rejection until the legisla- tive body has awarded contract for performance entered into with the Superin- tendent of Streets. Acceptance or rejection shall be evidenced by completion of all of said steps, but all said steps must be completed within a period of three (3) months from date bids are publicly opened, examined and declared. If all said steps are nat completed within said period, then all of the bids submitted are deemed to have been rejected by the legislative body, and said body must then return the checks, or bonds, of all bidders, and can then proceed only by readvertising for bids. B-07 OPENING OF PROPOSALS: Bids will be opened and publicly read aloud at the time and place scheduled in the Notice Inviting Sealed Proposals. They will be tabulated for comparison upon the basisof aggregate of total estimated cost of the work as determined from the unit prices quoted and the Engineer's preliminary esti- mate of quantities set forth in the proposal. B-08 ACTION ON PROPOSALS: The Governing Body may reject any and all bids should it deem this for the public good and also the proposal of any party who has been delinquent or unfaithful in any former contract, and shall reject all proposals or bids other than the lowest regular proposal or bid of any responsible bidder, and may award the contract for said work or improvement to the lowest responsible bidder at the prices named in his bid or proposal. Decision as to which bidder is the low- est and best bidder or the lowest responsible bidder rests with the legislative body of City and its decision thereon shall be final and binding on all persons. Upon fulfillment of the conditions set forth in paragraph B-06 of these General Provisions the checks and/or bonds of bidders which accompanied their proposals will be return- ed to them. B-09 CONTRACT AGREEMENT: The bidder to whom an award is made shall execute a written contract within the time prescribed by law. The contract shall be made in the form provided therefor by the Engineer. B-10 BONDS: The Contractor, at the time of signing and executing the con- tract shall execute and file with the Engineer or Superintendent of Streets a -bond, to the satisfaction and approval of the Engineer or Superintendent of Streets, with two or more sureties and payable to the City in a sum not less than twenty -Five (25) percent of the amount of the contract conditioned upon the faithful performance of the contract, and said sureties shall justify before any person competent to ad- minister an oath- in double the amount mentioned in the bond over and above all statutory exemptions, or a surety bond of a surety company or companies authorized to do business in the State of California and satisfactory to the Engineer in said amount and so payable. - 3- If personal sureties are given, compliance must be made with Section 1157 of the Code of Civil procedure of the State of California and affidavits as required by that Section must accompany the bond. Pursuant to statute the Contractor shall also, at the time of signing and executing the contract, file with the Engineer a bond in the form prescribed by the "Improvement Act of 1911", and approved by the Engineer or Superintendent of Streets in a sum not less than half of the total amount payable by the terms of the contract, as a guaranty for the payment of just claims for materials, supplies, use of teams, implements or machinery, or for work or labor, in the performance of the work con- tracted to be done. The Contractor shall within the time prescribed by law deliver the con- tract with his signature affixed thereto, together with the required bonds, to the Engineer. Upon payment by the Contractor of the incidental expenses incurred up to the time of said contract, the Engineer or Superintendent of Streets will sign said contract and deliver an original thereof to the Contractor. B-11 AUTHORITY OF THE ENGINEER: The Engineer shall decide any and all ques- tions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to claims and compensations. The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. B-12 PLANS: The requirements and standards set forth in these specifications and shown on the plans shall govern the type and quality of the improvement con- struction. The plans and detailed drawings of the work hereinabove mentioned and attached hereto are to l,e considered in connection herewith and are hereby made a part of these specifications, which plans, specifications and detailed drawings shall be construed together in their common meaning and shall be closely conformed to. In the event of any descrepancy existing between any of the aforesaid, the Engineer shall decide the construction to be placed thereon and his decision in the premises shall be binding upon all parties concerned. B-13 SUPERINTENDENCE: Whenever the Contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the superintendent or foreman in charge of the particular work in reference to which orders are given. B-14 COMPLIANCE WITH SPECIFICATIONS AND DRAWINGS: The Contractor shall keep on the work a copy of the specifications and drawings and at all times shall give the Engineer access thereto. Any drawings accompanying the specifications shall be regarded as part thereof and of the contract. Anything mentioned in these specifi- cations shall be of like effect as though shown or mentioned in both. It shall be the duty of the Contractor to see that the provisions of these specifications are complied with in detail irrespective of the inspections given the work during its progress by the authorized official or his representatives. Any fail- Xa, ure on the part of the Contractor to observe the specifications will be sufficient cause for rejection of the work at any time before its acceptance. B-15 PROTECTION OF WORK AND CLEANING UP: The Contractor shall be responsible for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at his expense, and the Contractor and his sure- ties shall be liable therefor. He shall take all risks from floods and casualties and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or because of danger from flood, or for delays from such causes. He may, however, allowed a reasonable extension of time on account of such delays, subject to the conditions-hereinbefore specified. The Contractor shall remove from the vicinity of the completed work all plant, buil- ing, rubbish, unused material, concrete forms, sheeting or equipment, belonging to him or used under his direction during construction, and in the event of his fail- ure to do so the same may be removed at the expense of the contractor, and the Contractor and his sureties shall be liable therefor. B-16 COMPLIANCE WITH LAWS AND LOCAL LABOR AND MATERIAL REQUIREMENTS: The Contractor shall conduct the work in compliance with all existing state and national laws and county and municipal ordinances and regulations limiting or controlling the work in any manner. Particular attention is called to the following: (a) Prevailing wage: Pursuant to law the Governing Board has ascertained and determined the general prevailing rate of per diem wages, and rates for over- time and legal holidays, in the locality in which this work is to be performed for each craft or type of workman or mechanic needed to execute the contract. The prevailing rates so determined are set forth in the "Notice to Bidders" inviting sealed proposals, which forms a part of the contract documents. The Contractor shall forfeit as penalty to the City ten dollars ($10.00) for each laborer, workman or mechanic employed for each calendar day such laborer, workman or mechanic is paid less than the general prevailing rate of wages so ascertained and determined, for any work done under said contract by him or any subcontractor under him. (b) Eight -hour day limitation: In accordance with the provisions of the Labor Code, State of California, and in particular Sections 1810 to 1816, thereof, inclusive, eight hours labor shall constitute a day's work, and no laborer, workman or mechanic in the employ of said Contractor, or any subcontractor doing or contracting to do any part of the work contemplated by this agreement, shall be required or permitted to work more than eight (8) hours in any one calendar day, except in case of extraordinary emergency caused by fire, flood or danger to life and property; provided, however, that within thirty (30) days after any employee is permitted to work over eight (8) hours in one calendar day due to such extra- ordinary emergency, the Contractor doing the work, or his duly authorized agent, shall file with the Engineer, a report, verified by his oath, setting forth the nature of said emergency, which report shall contain the name of said worker and the hours worked by him on said day; and the Contractor, and each subcontractor, shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this agreement, which record shall be open at all reasonable hours to the inspection of the Governing Body or its officers or agents and to the Chief of the Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said Contractor shall for- -. 5- fait as a penalty to the Pity the sum of ten. dollars ($10.00) for each laborer workman, or mechanic employed in the execution of this contract by him or by any subcontractor under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation. (c) (Blank) (d) Domestic materials: In accordance with Sections 4300 to 4305 inclusive, of the Government Code of the State of California, bidders submitting bids on unmanufactured materials shall submit bids only on unmanufactured materials produced in the United States, and bidder submitting bids on manufactured materials shall submit bids only on manufactured materials manufactured in the United States, substantially all from materials produced in the United Stated, unless the materials are of a class or kind which are not, or which are manufactured from materials which are not, produced in the United States. The provisions of these sections do not apply to medical and surgical instruments, scientific equipment, microscopes, lenses or instruments used for scientific or medical purposes, includ— ing research. The term "United States", as used in these sections, means the United States of America, and includes any territory or insular possession of the United States. Any person, firm or corporation to whom a contract is awarded who fails to comply with the foregoing sections, shall not be awarded any contract to which they apply for a period of three years from the date of such violation. -6- (e) Registration of contractors: Before submitting proposals, con- tractors shall be licensed in accordance with the provisions of Chapter 37,Statutes of 1939, of the State of California, as amended. (f) Labor discrimination: Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for vio- lation of this chapter." (g) Local labor: In the employment of labor for doing the work, the Contractor shall give preference, where they are qualified, to bona fide citizens of the City. B-17 LINES AND GRADES: The grades to which the work is to be done are shown on the plans and profiles attached hereto and by this reference thereto are made a part of these specifications, and such grades are hereby specified as the grades for said improvement. At all points along any grade line shown on the drawings between the points at which the grade elevations are given, the grades shall conform to a straight line. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The Contractor shall be responsible for all construction staking necessary to do the work as shown Ctt the plans. The Contractor shall furnish all stakes required by the Engineer and shall provide such facilities and labor necessary for making and maintaining points and lines as the Engineer may require. The Contractor shall preserve all stakes and points set for lines, grades, or measurements of the work in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.. B-18 INSPECTION: The Engineer shall at all times have access to the work during construction, and shall be furnished with every reasonaLle facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the inspector will be subject to rejection. - 7- The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. B-19 SAMPLES AND TESTS: At the option. of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and beforesuch material is used in the work. Representative pre- liminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the Contractor shall be made in accord- ance with the Standard Specifications for Public Works Construction, 1979 Edition or later revisions thereof, or such special methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been ap- proved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of materialis determined by the Engineer. B-20 DEFECTIVE MATERIALS OR WORK: All materials not conforming to the re - requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved is writing by the Engineer. Any work which does not conform to the requirements of these specifications or is deficient in construction, shall be rejected by the Engineer and be replaced by the Contractor at his own proper cost, charge and expense and without allowance forthe additional cost of such replacement to the Contractor. Upon failure on the part of the Contractor to comply with any order o: the Engineer made under the provisions of this Article, the Engineer shall have authority to remove and replace defective material or work at the expense of the Contractor, and the Contractor and his sureties shall be liable therefor. B-21 FINAL INSPECTION: Whenever the work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. B-22 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE: The City. or the Engineer shall not be answerable or accountable in any manner for any loss or damaze that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatsoever during the progress of the work, or at any time before final accept: - ante. - 8- The Contractor shall indemnify and save harmless the City and the Engineer from any suits, claims, or actions brought by any person or persons for or on accountof any injuries or damages sustained or arising in construct- ion of the work or in consequence thereof. He shall restore or cause to be restored all damaged property, including sidewalks, curbing, pipes, conduits, gas, water, and other services, sewers, monuments, stakes and other public or private property to a condition as good as it was when he entered upon the work. The City will furnish all required rights of way and permits for pipe line installations and the Contractor shall comply strictly with the conditions thereof. In the event of the violation of any of the terms and provisions of these specifications or the contract which may be awarded pursuant hereto, the City and its proper officers or agents, shall be entitled to hold or withhold and retain any and all things of value, whether the same be in actual possession be withheld pending liquidation of any resultant damages and adjustment thereof in accordance with law. B-23 CONTRACTOR'S RESPONSIBILITY FOR WORK: Except as provided above, until the formal acceptance of the work by the Governing Body, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non -execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance, and shall bear the expense thereof, except such injuries or damages occasioned by acts of the Federal Government or the public 9nemy. In the event the Contractor's equipment should break or damage water service, sanitary sewer, storm drain lines, or any public utility which exists at the construction work or beyond limits, the restoration of such service shall be at the sole expense of the Contractor, and shall be done at such times and in such a manner as to insure the least inconvenience to the service users. B-24 PUBLIC SERVICE EQUIPMENT: In case it shall be necessary to remove any telephone, telegraph or electric power transmission poles, gas pipe, water pipes, electrical conduits or underground structures of any character, or any portion thereof, the owner thereof or their agents or superintendents, upon proper application of the Contractor, shall be notified by the authorized official, to remove same within a specified time, and the Contractor shall not interfere with said structures until the time specified in the said notice shall have expired. In case water service pipe crossing the line of the sewer trench is cut by the Contractor, such connection shall be restored without delay after the passing of the trenching machine. Such cutting and restoring of service connections shall be at the sole expense of the Contractor, and shall be done at such times and manner as to insure the least inconvenience to water users. Right is reserved to municipal corporations, county authogities, and to water, gas, telephone, telegraph and electric power transmission utilities, to - 9- enter upon any public highway or road for the purpose of making repairs and changes that have become necessary by reason of the improvement thereof. B-25 SANITATION: The Governing Body may establish sanitary and safety rules and regulations for all forces employed under the contract, and if the Contractor fails to enforce these rules, the Governing Body may enforce them at the expense of the Contractor. B-26 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. B-27 PATENTS: The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices or processes used on or incorpora- ted in the work. i 8-28 PUBLIC CONVENIENCE AND SAFETY: The Contractor shall so conduct his operations as to cause the least possible obstructions and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be used as detours, all traffic shall be permitted to pass through the work. Residents along the road or street shall be provided passage as far as practicable. Convenienceaccess to driveways, houses and buildings along the line of work must be maintained at all times. Temporary approaches to, and cross- ing of, intersection streets shall be provided and kept in good condition. During excavation and graiing'operations, no driveways shall be closed or made inaccessible more than 24 (twenty four) hours. The construction of curbs and gutters shall be prosecuted with minimum of inconvenience to property owners and total time from starting to set forms to stripping of same shall be eighty-four (84) hours. After preparation of subgrade, place base, and paving shall not exceed twenty (20) working days. Where the paving of a street does not include construction of curbs an: gutters, the total time to scarify, prepare subgrade, place base and pave shall be twenty (20) working days. Not more than one cross or intersecting street or road shall be closed at any time without the approval of the Engineer. The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs, including "Street Closed" signs, red lights, and watchmen as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof.- In no case shall the space between the red lights be more than 50 feet along the length of the trench where it is adjacent to or within the bound- ary of a thoroughfare. No material or other obstruction shall be placed within 15 feet of fire hydrants. When the alignment of the work crosses railroad rights of way and flag- ment are required, the Contractor will pay the fees for such flagmen. All safety orders, rules and recommendations of the Division of Indus- trial Safety of the Department of Industrial Relations of the State of California applicable to. the work to be done under this contract, shall be obeyed and enforc- ed by the Contractor. The Contractor shall comply with all applicable regulations of the Governing Body. -10- 1 " it, B-29 NO PERSONAL LIABILITY: Neither the City, the Engineer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. B-30 RESPONSIBILITY OF CITY: The City shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. B-31 SUBLETTING AND ASSIGNMENT: The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons en- gaged in the work of construction will be -considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifi- cations. Where a portion of the work sublet by the Contractor is not being prose- cuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisitidn of the Engineer, and shall not again be employed on the work. B-32 CHARACTER OF WORKMEN: None but competent foremen and workmen shall be employed on work requiring special qualifications, and when required by the Engineer, the contractor shall discharge any person who commits trespass or is, in the opinion of the Engineer, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. Such discharge shall not be on the basis of any claim for compensation or damages against the City or any of its officers or repre- sentatives. B-33 EXAMINATION OF SITE: Bidders must examine and judge for themselves as to the location of the proposed work, the nature of the excavation to be made and the work to be done. The plans for the work will show conditions as they are supposed or believed by the Engineer to exist, but it is neither intended nor to be inferred that the conditions as shown thereon constitute a representation by the City or its officers that such conditions are actually existent, nor shall the City or any of its officers or representatives, be liable for any loss sustained by the Contractor as a result of a variance between conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise. The Contractor's attention is directed to the possible existence of pole lines, power lines, pipe lines, buildings, structures, railroads and other public or private improvements which may be within the limits of the work or ad- jacent thereto, which may or may not be shown on the plans. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of -11- ,y. •`aa ill . f .( these plans and specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered conclusive evidence that the bidder has made such examination. B-34 PROGRESS OF TEE WORK AND TIME FOR COMPLETION: The actual construction work under these proceedings shall upon execution and award of the contract, be commenced as set forth in the agreement and thereafter diligently prosecured from day to day until completion within a period not to exceed 30 working days from and after the date of the execution of said contract, (Saturdays, Sundays and legal -holidays excluded). In the event of delays beyond the control of the Contractor, he may have the privilege of applying to the Engineer and the Gover- ning Body for an extension of time for completion, in accordance with the provisions of said "Improvement Act of 1911". 365 calendar days will be allowed for completion -of the assessment proceedings. B-35 FAILURE TO COMPLETE CONTRACT: In the event of the failure of the Contractor to complete the work within the time limited in the contract, or with- in such further times as the Governing Body may give him, such delinquency will be reported to the Governing Body, which may then relet the unfinished portion of the work, in the manner provided by the "Improvement Act of 1911". Such relet- ting shall not relieve the original Contractor or his sureties from liability on their bonds. B-36 ?W'ASL'R'"`Rr.iT AND PAYMENT: Certificate of the Engineer for the final amount of work done will be issued by the Engineer at the unit prices set forth in the Contractor's accepted proposal. The Certificate of the Engineer as to quantity of work done shall be final and conclusive. Upon completion of the work and issuance of the Certificate showing quantity of work done at the unit prices bid, the Engineer or Superintendent of Streets will prepare a Warrant, Diagram and Assessment showing the total aggre- gate cost of the work done, plus all incidental expenses incurred, in accordance with the provisions of the "Improvement Act of 1911". Said Assessment,. Warrant and Diagram, upon confirmation thereof by the Governing Body, and upon payment by the Contractor to the Engineer or Superin- tendent of Streets of all incidental expenses in connection with the doing of the work, provided for by law, will be delivered to the Contractor in full payment of work done and performend by him, and as reimbursement of the incidental expenses advanced by him. B-37 INSURANCE: (a) WORKMEN'S COMPENSATION INSURANCE. The Contractor shall maintain adequate workmen's compensation insurance under the laws of the State of California for all labor employed by him or by any sub -contractor under him who may come within the protection of such workmen's compensation laws of the State of California, and shall provide, where practicable, employers general liability insurance for the benefit of his employees and the employees of any sub -contractor under him, not protected by such compensation laws, and proof of such insurance.satisfactory to the City shall be given by filing certificate of such insurance with the City in form satisfactory to said City. If such insur- ance is under-aritten by an agency other than the State Compensation Fund, such agency shall be company authorized to do business in the State of California. (b) p1' T TC r 1A3r* i^Y AND ?ROPEET'_' DAMAGE INSURANCE. The Contractor shall in addition, take out and shall furnish satisfactory proof, by certificate or otherwise, as may be required, that he has taken out public liability and prop- erty damage insurance with an insurance company, complying with the reauirements -12 • i hereinabove set forth and satisfactory to the City, and such form shall satisfactor- ily protect both the Contractor and the City, its officers, or agents, against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the perfor- mance or execution of this contract or any sub -contract thereunder or, and, also to protect said Contractor and the City, its officers, employees, or agents against loss from liability imposed by law or damage to any property, caused directly or in- directly by the performance or execution of this contract or any sub -contract there- under. Said public liability and property damage insurance shall be maintained by the Contractor in full force and effect during.the entire period of performance, under this contract in .the amounts of not less than the followings: (1) Limit of Liability for Injury or accidental death One Person $250,000.00 One Accident , , $500,000.00 Aggregate proaucts'Operations $500,000.00 (2) Limit of Liability for Property Damage: One Accident $100,000.00 Aggregate Liability for loss $250.000.00 If.the Contractor fails to maintain such insurance the City may take out such public liability insurance to cover any damage which said Contractor may be liable to pay through any of the operations under this contract, and deduct and retain the amount of the premiums for such insurance from any sums under the con- tract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages to persons or property resulting from his -operations or the operations of any sub- contractor under him. Policy shall name the City as additi-nal insured. B-38 RIGHTS -OF -WAY: Rights -of -way or easements for work to be constructed will be provided by the governing body. The contractor shall make his own arrange- ments and pay all expenses for additional area required by him outside of the limits of rights -of -way or easements unless otherwise especially provided. In the event of delay on the part of the City, its officers, agents or employees, in obtaining any such rights -of -way or easements for the work to be constructed, then the con- tractor shall have time for the completion of his contract for the period or periods caused by such delay or delays but shallhave no damages against the City, its officers, agents or employees. B-39 DELAYS BY THE CITY: Any act of emission of anything required to be done by the City, its officers, agents or employees, which shall cause the contractor de- lay in the completion of the work shall begrounds for extension of time of the part of the contractor to complete the work but shall give the contractor no damages for such delay. -13- PART 1 - SPECIAL PROVISIONS - GENERAL DELETE ALL PART 1 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSi'RUCTION. atz it) PART 2 - SPECIAL PROVISIONS - ITEMS OF WORK Remove A.C. Berm Remove A.C. Berm shall consist of the cutting of the berm, not disturbing the stability of the portion to remain, and disposing of said A.C. at easterly alley line extended. Payment for same shall be as per lineal foot bid. Remove P.C.C. Flat Work Remove P.C.C. flatwork shall consist of the removal of sidewalk, existing driveways and curb and gutter as shown on the plans to facilitate new construction. Payment for same shall be as per unit price per square foot bid. Earthwork Earthwork shall consist of the excavation of, and placing of, and the removal of all materials not required to perform the various items of work, to bring the areas to construction grade as per the plans. Payment for said earthwork shall be per cubic yard bid. Portland Cement Concrete Paving (5 1/2") (302-6) Portland cement concrete paving shall consist of the forming, placing, finishing, and appurtenant work thereto. Payment for same shall beas per square foot bid. Portland Cement Concrete Flatwork (3 1/2" (303-5.5.3) Portland cement concrete flatwork shall consist of the forming, placing, finishing and appurtenant work to driveway slabs and sidewalk. Payment for same shall be as per square foot bid. Handicap Ramps Handicap ramps shall consist of the removal of existing PCC sidewalk and standard curbs, and the forming, placing, finishing and appurtenants thereto as shown on the plans. Payment for same shall be as per each bid. Construct 2" A.C. on Native (Class C-2) Construct 2" A.C. on native shall consist of the grading level to drain of earth, placing of the 2"A.C. rolling, seal and sand, point binder to concrete, as shown on the plans. Payment for same shall be as per square foot bid. . .•�,. - Tl . Construct A.C. Berm Construct A.C. berm shall consist of the furnishing and placing of a 6" AC berm as shown on the plans. Payment for same shall be as per lineal foot bid. Construct Stop Sign Construct stop sign shall consist of furnishing and installing said signs as per plans and specifications. Payment for some shall be as per each bid. Traffic Control OSHA COMPLIANCE Traffic control consists of the controlling of traffic for the public convenience and protection. This item shall be in compliance with "Section B, General Provisions, B-28 PUBLIC CONVENIENCE AND SAFETY.", these documents attached hereto. Payment for same shall be as a lump sum bid for said item of work. Construction Staking Construction staking shall consist of the setting of line- and grade stakes in conformance to the lines, elevations and grades shown on plans. Said work shall be done by a Civil Engineer or Land Suveyor registered by the State of California and conform to acceptable quality and practice of the industry and the City Engineer. Payment for same shall be as a Lump Sum bid for said item of work.