HomeMy WebLinkAboutShort Form Services AgreementEXHIBIT "C"
ADDITIONAL IMPROVEMENTS
CITY OF NATIONAL CITY
CONSTRUCTION CON' I RAC'I'
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PAUL W. RALPH
THIS CONSTRUCTION CONTRACT is entered ink) this 12th day of June, 2014, by and
between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PAUL W.
RALPH, an individual residing in the County of San Diego, State of Califomia, dba WAVETEC
CONSTRUCTION, a California licensed contractor (the "CONTRACTOR").
RECITALS
A. CITY desires to purchase the property know as 726 W 19th Street, National City,
CA 91950 (the "PROPERTY").
B. The owners of the PROPERTY, Paul W. Ralph, Michelle L. H. Ralph and
Stephen Johnston desire to sell the PROPERTY to CITY.
C. Wavetec Construction is wholly owned by Paul W. Ralph, an owner of the
PROPERTY.
D. CITY and the owners of the PROPERTY intend to enter into a Purchase and Sale
Agreement (the "PSA") for the sale of the PROPERTY to CITY and to deposit the PSA into
escrow concurrently with this Agreement.
E. CITY developed improvement plans for the PROPERTY that would make the site
suitable for its intended use by the CITY'S Public Works Department.
F. CITY received an independent architect's estimate for the improvements
indicated on the improvement plans from a proven and reliable professional.
G. CONTRACTOR has provided CITY a price for the services and improvements
that are the subject of this Agreement with a completion date consistent and concurrent with the
sale of the PROPERTY.
H. CONTRACTOR's price is significantly less than the independent architect's
estimate for improvements. Due to the significant savings of cost with CONTRACTOR over the
cost to perform the same work if CITY were to publicly bid the project and considering
CONTRACTOR'S unique position as owner to be able to provide the savings there is no
competitive advantage or public good served to bring this contract to public bid.
Revised August 2011
NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services
set forth herein in accordance with the following terms and conditions and incorporates the
above recitals, appendices, attachments, exhibits and referenced materials into this Agreement:
1. Description of Services. CONTRACTOR shall provide services and install
improvements as outlined in attached, Exhibit "A", generally described as follows:
Structural and real property improvements to the real property located at
726 W. 19th Street, National City, CA 91950.
2. Length of Agreement. The schedule is set forth below:
a) Work commence within five (5) working days of THE notice to proceed; and
b) Work will be completed within fifty (50) working days of execution of this
contract.
3. Compensation. The total compensation to CONTRACTOR for providing the
services and improvements set forth in in Exhibit "A" shall be the lump sum amount of
$275,000.00. CONTRACTOR's lump sum price is based on all workers being paid the current
California prevailing wage. CONTRACTOR shall provide certified payroll documents upon
request by the City.
4. Payment Schedule. CITY will make payment to CONTRACTOR for the
satisfactory completion services and installation of improvements as defined herein at the close
of the escrow opened on about June 18, 2014 for the sale of the property located at 726 W. 19th
Street, National City, CA 91950.
5. Termination. CITY may terminate this Agreement at any time by providing
written notice to CONTRACTOR. If CITY terminates this contract without cause brought about
by CONTRACTOR or the seller of the property at 726 W 19th Street the City shall compensate
CONTRACTOR for all costs incurred in furtherance of the work described herein up to and
including the date of the delivery of the Notice of Termination.
6. Independent Contractor. It is agreed that CONTRACTOR is an independent
Contractor, and all persons working for or under the direction of CONTRACTOR are
CONTRACTOR's agents, servants and employees, and said persons shall not be deemed agents,
servants or employees of CITY.
�. Insurance. CONTRACTOR shall obtain:
A. ❑ If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance o, this Agreement, with a min'.i?:'1":":' coverage of$1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurreneel$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
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D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CON ritAC T OR'S employees and employers' liability
insurance with limits of at least $ 1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY- shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and fmancial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal fmancial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
K. Insurance certificates must specify certificate holder as:
City of National City
ATTN: City Attorney's Office
1243 National City Blvd
National City, CA 91950-4301
8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its
Officers, employees and agents harmless from any liability for damage or claims of same,
including but not limited to personal injury, property damage and death, which may arise from
CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under
this Agreement. CITY shall cooperate reasonably in the defense of any action, and
CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.
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9. Acceptability of Work. The City shall, with reasonable diligence, determine the
quality or acceptability of the work, the manner of performance and/or the compensation payable
to the CONTRACTOR.
10, Business License. CONTRACTOR must possess or shall obtain business license
from National City Finance Department before beginning work.
11. Construction Permit. After execution of the Contract and prior to beginning
work, the Contractor shall obtain a building/construction permit with the City of National City.
The no cost permit can be obtained at the City of National City Building Department from 7:00
a.m. to 6:00 p.m., Monday through Thursday. The permittee shall first provide the following
documents at the permit counter with proof that the policies/licenses are current:
1. Workers Compensation Insurance Certificate.
2. General Liability Insurance Certificate.
3. City Business License.
4. Contractor's License and Subcontractor's License (if any) in required
classification(s).
5. A copy of Notice of Contract Award.
12. Bonds. CONTRACTOR, simultaneously with the execution of the Contract, will
be required to furnish a faithful Performance Bond in an amount equal to one hundred percent
(100%) of the Contract price and a Payment Bond in an amount equal to one hundred percent
(100%) of the Contract price. Contract Surety Bonds shall be issued by a surety who meets the
criteria for sufficiency set forth in Section 995.660 and 995.670 of the California Code of Civil
Procedure. (see Attachment B-Performance Bond & Attachment C-Payment Bond)
13. Listing of Subcontractors. As required under the provisions of Section 4100 et
seq. of the California Public Contract Code, any person making a bid or offer to perform the
work shall, in his/her bid or offer, list:
a. The name and location of the place of business of each subcontractor who will
perform work or labor, or render service to the prime CONTRACTOR in or about the
construction of the work or improvement, or a subcontractor licensed by the State of
California who, under subcontract to the primary contractor, specially fabricates and
installs a portion of the work or improvement according to detailed drawings
contained in the plans and specifications, in an amount in excess of orie-half of one
percent of the Prime CONTRACTOR's total bid.
h. The portion of the work that will be done by each such subcontractor under this act.
The CONTRACTOR shall list only one subcontractor for each portion of the work as defined by
the in his/her bid.
14. Construction Safety. In addition to Section 6700 et seq. of the California Labor
Code, in the event any proposal includes the excavation of any trench or trenches five feet (5') or
more in depth, the successful bidder shall submit for acceptance by the City of National City, in
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advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection from the hazard of caving ground during the
excavation of such trench or trenches. The shoring and bracing plan shall be signed by a
qualified Registered Engineer. 1n the event any proposal includes the construction of a pipeline,
sewer, sewer disposal system, boring and jacking pits, or similar trenches or open excavations
which are five feet (5') or deeper, each bid shall include adequate sheeting, shoring and bracing,
or equipment method, for the protection of life or limb, which shall conform to the applicable
safety orders.
The CONTRACTORis required to comply with the State of California Construction Safety
Orders (CAL/OSHA) for securing safety in places of employment.
15. Civil Rights. The City of National City hereby notifies the CONTRACTORthat it
will affirmatively ensure that in any Contract entered into pursuant to this advertisement,
minority business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on grounds of race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, sex or sexual
orientation, in consideration for an award.
16. American with Disabilities Act. The CONTRACTORacknowledges its
obligations under the Americans with Disabilities Act (ADA) in all regulations and practices
pertaining thereto, including but not limited to discrimination against qualified individuals with
disabilities in employment, transportation, public accommodation, telecommunications, and in
all activities, programs, and services of the contractor.
17. Certified Payroll. This project requires the payment of California State
Prevailing Wages. The CONTRACTORwi11 be required to submit certified weekly payroll
reports for all workers employed on the project in a form acceptable to the Engineer and as per
requirements of the State of California Department of Industrial Relations. The CONTRACTOR
shall submit a "Statement of Non -Performance" for each week that no work was performed on
site. Each sub -contractor shall submit a "Statement of Non -Performance" for each week that no
work was performed on site, beginning with week one of the Project.
18. Registered Apprentices. CONTRACTOR shall be required to employ Registered
Apprentices iri accordance with Sections 1777.5 and 1777.E of the State of California Labor
Code.
19. Notary Public. All signatures on the Contract and both required surety bond
forms shall be notarized on each document.
20. General Contract Conditions. The General Contract Conditions attached as
Attachment "A" are binding upon CONTRACTOR and are incorporated herein as though fully
set forth.
21. The Following Documents Must be Completed, Signed and Submitted.
21.1 Prior to Start of Construction
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Attachment B (Performance Bond)
Attachment C (Payment Bond)
Attachment D (Certificate Regarding Contractor's License)
Attachment E (Designation of Sub -Contractors)
Attachment F (Certificate of Workers Compensation Insurance)
Attachment G (Emergency Notification List)
21.2 During Construction
Weekly Certified Payroll Statements (State of California) if requested by
the City
Changes to Work Schedules
21.3 At Completion of the Project
Attachment H (Guarantee Agreement)
Attachment I (Contractor's Certification of Completion)
Attachment J (Contractor's Affidavit of Payment
Attachment K (Consent of Surety for Final Payment)
Attachment L (Contractor's Affidavit of Disposal)
Other specific documents required in this project and referenced herein
22. Miscellaneous Provisions.
A. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
B. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
C. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
E. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
F. Waiver. The \waiver or failure to enforce ary provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
G. Applicable Law. This Agreement shall be governed by and constr1ed in
accordance with the laws of the State of California. The CONTRACTOR shall comply with all
laws, including federal, state, and local laws, whether now in force or subsequently enacted.
H. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
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made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall he of any effect unless it is in writing and executed by the party to be bound thereby.
i. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
J. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting; preparation and
negotiation of this Agreement, (iii) each suchparty has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
any rule or construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR
on the date and year first above written.
Signature page to follow
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CITY OF NATIONAL CITY
By:
Ron Morrison, Mayor
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
CONTACT INFORMATION
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4301
Phone: (619) 336-4583
Fax: (619) 336-4397
Contact: Byron Wade
Title: Project Manager
Email:
Byron@projectprofessionalscorp.com
PAUL W. RALPH
By:
(Marne)
(Print)
PAUL W. RALPH
dba WAVETEC CONSTRUCTION
3919 Grevillia Way
Bonita, CA 91902
Phone: (619) 370-7444
Contact: Paul W. Ralph
Title: Owner
Email: Paul@YYKinc.com
Taxpayer I.D. No. INSERT
Contractor's License: 644292
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ATTACHMENT A
GENERAL CONTRACT CONDITIONS
SECTION 3 - CONTROL OF MATERIALS
3.1 MATERIALS AND WORKMANSHIP
3.1.1 Protection of Work and Materials.
3.1.2 Property Rights in.Material. Nothing in the contract shall be construed as vesting in
the Contractor any right of property in the materials used after they have been attached or affixed
to the work or the soil. All such materials shall become the property of the City upon being so
attached or affixed.
SECTION 5- DEFAULT BY THE CONTRACTOR.
5.1 General. The City will consider the Contractor in default of the Contract if prior to the
Acceptance, the Contractor:
a) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its
debts as they become due, or is otherwise financially unable to complete the Work,
b) abandons the Work by failing to report to the Work site and diligently prosecute the
Work to completion,
c) materially violates provisions of the Contract Documents,
d) fails to complete the Work in the time allotted in the contract,
e) disregards laws or regulations of any public body having jurisdiction, or
f) commits continuous or repeated violations of regulatory or statutory safety requirements,
then
5.2 Notice to Cure. The City will issue a written notice to cure the default to the Contractor and
its Surety. The Contractor shall immediately commence satisfactory corrective actions after
receipt of a Notice to Cure. No Notice to cure is required if the Contractor fails to complete the
Work in the time allotted in the contract.
5.3 Notice of Termination for Default. If the Contractor fails to commence satisfactory
corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently
continue satisfactory and timely correction of the default thereafter, then the City wiii consider
the Contractor in default of the Contract and:
a) will terminate the Contractor's right to perform under the Contract by issuing a written
notice of termination for default to the Contractor and its Surety,
b) may use any materials, equipment, tools or other facilities furnished by the Contractor to
secure and maintain the Work site, and
c) may furnish labor, equipment, and materials the Agency deems necessary to secure and
maintain the Work site.
The provisions of this subsection shall be in addition to ail other legal rights and remedies
available to the City.
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The Contractor shall be entitled to no further payment until the remaining portion of. the Work
has been completed. The Contractor will be paid the actual amount due based on Contract Unit
Prices or lump sum price and the quantity of the Work completed at the time of default, less
damages caused to the City by acts of the Contractor.
Costs incurred by the City in performing the Contractor's work, plus a markup of 15% on those
costs for overhead, shall be deducted from monies due or to become due to the Contractor. The
Contractor shall pay to the City any amount by which those costs and markup exceed the unpaid
balance of the Contract Price.
5,4 Responsibilities of the Surety. Upon receipt of the written notice of termination for
default, the Surety shall immediately assume all rights, obligations, and liabilities of the
Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the City
may do so, and may recover all costs incurred.
The Surety shall notify the City that it is assuming all rights, obligations and liabilities of the
Contractor under the Contract and all money that is due, or would become due, to the Contractor
shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within five (5) Working Days of receipt of the written notice of termination for default, the
Surety shall submit to the City a written plan detailing the course of action it intends to take to
remedy the default. The City will review the plan and notify the Surety if the plan is
satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain
progress according to the plan accepted by the City, the City may, upon 48 hours written notice,
exclude the Surety from the premises, take possession of all material and equipment, and
complete the Work in any way the City deems to be expedient.
The cost of completing the Work by the City shall be charged against the Surety and may be
deducted from any monies due, or which would become due, the Surety. If the amounts due
under the Contract are insufficient for completion, the Surety shall pay to the City, within 30
days after the City submits an invoice, all costs in excess of the remaining Contract Price.
The provisions of this subsection shall be in addition to all other rights and remedies available to
the City under law.
5,5 Payment. The Surety will be paid for completion of the Work in accordance with this
Contract less the value of damages caused to the City by acts of the Contractor.
SECTION 6- TERMINATION OF THE CONTRACT FOR CONVENIENCE.
The City may terminate the Contract in whole or, from time to time, in part, if it. becomes
impossible or impracticable to proceed, because of conditions or events beyond the control of the
City.
The City will issue a written. notice of termination for convenience in accorria11ce with
"SPECIAL NOTICES." Upon receipt, the Contractor shall immediately proceed as follows:
a) Stop Work immediately or in accordance with the Notice of Termination,
b) Notify Subcontractors and suppliers to immediately cease their work and place no further
subcontracts for materials, services, or facilities, except as necessary to complete any
authorized continued portion of the Contract.
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c) Terminate all Subcontracts to the extent that they relate to the Work terminated.
d) With approval by the Engineer, settle all outstanding obligations arising from the
termination of subcontracts; the approval of which will be final for purposes of this
section.
e) As directed by the Engineer, transfer the title and deliver to the City, completed or
partially completed drawings, plans, calculations, specifications and any other documents
and records that, if the Contract bad been completed, would be required to be furnished to
the City.
f) Complete performance of the Work not terminated.
g) Take all necessary steps and actions to minimize all costs to the City as a result of the
termination.
h) Take any action that may be necessary, or that the Engineer may direct, for the protection
and preservation of the property related to this contract that is in the possession of the
Contractor and in which the City has or may acquire an interest.
The Contractor will be paid without duplication for:
a) work completed in accordance with the Contract Documents prior to the effective date of
termination for convenience;
b) reasonable costs incurred in settlement of terminated contracts with Subcontractors,
suppliers and others; and
c) reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than 90
days from the effective date of termination, unless extended, in writing, by the City upon written
request by the Contractor.
If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the
Contractor as a result of the termination. The City will pay the Contractor the amount it
determines to be reasonable. If the Contractor disagrees with the amount determined by the City
as being reasonable, the Contractor shall provide notice to the City within 30 days of receipt of
payment. Any amount due shall be as later determined by arbitration, if the City and the
Contractor agree thereto, or as fixed in a court of law.
All settlements related to termination of the contract in accordance with this section will be
subject to the approval of the Mayor or designee and may also require City Council approval
before ultimately becoming final.
6.1 Termination Settlement. After termination. the Contractor shall submit a final termination
settlement proposal to the Engineer in the form and with the certification prescribed by the
Engineer. The Contractor shall submit the proposal promptly, but no later thaT.1 6 months from
the effective date of termination, unless extended, in writing, by the Engineer upon written
request ofthe Contractor within this 6 month period.
If the Engineer determines that the facts justify it, a termination settlement proposal may be
received and acted on after 6 months or any extension. If the Contractor fails to submit the
proposal within the time allowed, the City may, in good faith, determine, on the basis of
information available, the fair and reasonable amount, if any, due the Contractor as a result of the
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termination. and pay the amount determined. If the Contractor does not agree that the amount
determined by the Engineer is fair and reasonable and if the Contractor givesnotice of such
rdis?gr?Pernent to the City in accordance with this subsection, within 30 days of receipt of
payment, then the amount due shall be as later determined by arbitration, if the City and the
Contractor agree thereto, or as fixed in a court of law.
6.2 Payment to the Contractor Due to Termination. Subject to 6.1, "Termination
Settlement" the Contractor and the Engineer may agree upon the whole. or any part of the amount
to be paid because of the termination. The amount may include a reasonable allowance for profit
on work done. The agreed amount may not exceed the total_ dollar amount authorized by the City
as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work
not terminated. The contract shall be amended, and the Contractor paid the agreed amount.
Subsection 6.3, "Failure to Agree on Payment," shall not limit, restrict, or affect the amount that
may be agreed upon to be paid in accordance with this subsection.
6.3 Failure to Agree on Payment. If the Contractor and the City fail to agree on the whole
amount to be paid because of the termination of Work, the City will pay the Contractor the fair
and reasonable amounts determined in good faith by the City as follows, but without duplication
of any amounts agreed upon,
a) The Contract Price for completed services accepted by the City not previously paid or
adjusted for any saving of freight and other charges. The total of:
i. The costs incurred in the performance of the Work terminated, including initial costs
and preparatory expense allocable thereto, but excluding any costs attributable to
services paid or to be paid;
ii. The fair and reasonable cost of settling and paying termination settlement proposals
under terminated subcontracts that are properly chargeable to the terminated portion
of the Contract if not included in subdivision "a", above;
iii. A sum, as provided in subdivision "a", above, determined by the Engineer to be fair
and reasonable under the circumstances; however, if it appears that the Contractor
would have sustained a loss on the entire contract, had it been completed, the City
will allow no profit and shall reduce the settlement to reflect the indicated rate of loss.
iv. The reasonable costs of settlement of the Work terminated, including:
v. Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination of settlement proposals and supporting data;
vi. The termination and settlement of subcontracts (excluding the amounts of such
settlements); and
vii. Storage, transportation, and other costs incurred, reasonably necessary for the
preservation, protection, or disposition of property is vtich the City has or may
acquire an interest.
6.4 Determination of Amount Due the Contractor. In arriving at the amount due the
Contractor in accordance with this section, there shall be deducted:
a) The fair value of property destroyed, lost, stolen, or damaged that has become
undeliverable to the City except to the extent the City expressly assumed the risk of loss;
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b) all un-liquidated advance or other nay_ ments to the Contractor under the terminated
portion of this contract; j
c) any claim which the City has against the Contractor under this contract; and
d) the agreed price for or the proceeds of sale of materials, supplies, or other things acquired
by the Contractor or sold under the provisions of this section and not recovered by or
credited to the City.
6.6 Records and. Documents Relating to Termination. Unless otherwise provided in the
Contract or by statute, the Contractor shall maintain all records and documents relating to the
terminated portion of this contract for three (3) years after final settlement. This includes all
books and other evidence bearing on the Contractor's costs, expenses, and settlement under this
contract. The Contractor shall make these records and documents available to the City, at the
Contractor's office, at all reasonable times, without any direct charge. If approved by the
Engineer, photographs, microphotographs, and other authentic reproductions may be maintained
instead of original records and documents.
6.7 Rights of the City Preserved. Where the Contract has been terminated by the City, the
termination will not affect any rights or remedies of the City against the Contractor then existing
or which may thereafter accrue. Any retention or payment of monies paid to the Contractor by
the City shall not release the Contractor from liability.
6.9 Contract Time Extension. A claim for extension in Contract Time will not be granted
unless agreed upon by the City.
SECTION 7 TIME OF COMPLETION
The Contractor shall have FIFTY (50) working days to complete and finalize the project.
For each consecutive calendar day in excess of the time specified for completion of this portion
of Work, the Contractor shall pay to the City, or have withheld from monies due it, the sum of
$500 (Five Hundred Dollars per calendar day.)
7.1 Requirements Preparatory To Requesting a Walk-through. Walk-through is the
procedure used by the City to generate a Punch list prior to Acceptance.
The following items shall be required prior to requesting a walk-through:
a) Remove temporary facilities from the Site.
b) Thoroughly clean the Site.
c) Provide completed and signed as-builts in a form acceptable to the City.
d) all material and equipment maintenance and operation instructions and/or
manuals,
e) Provide all tools that are a permanent part of equipment installed in the Project.
f) Provide and properly identify all keys; construction and permanent.
g) Provide all final Special Inspection reports required by the applicable building Code.
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h) Provide all items that this contract requires to be supplied as extra stock. All items shall
be wrapped, sealed, or placed in a container as necessary to allow for storage by the City
for future use. The amount specified in this contract shall be verified by the City and the
Contractor.
i) Ensure all EOCP documents and certified wage rate documents (if applicable) have been
submitted from the NTP until Acceptance.
The spare parts for the proposed irrigation system as specified in the Special Provisions
(if applicable).
k) See other specification sections for additional requirements.
7.1 Walk-through and Punch list Procedure. The following procedure outlines the steps
to be taken upon the Contractor's assertion that the Project is complete:
a) When the Contractor considers that the Work and Services are complete, the Contractor
shall in writing notify the City that the Project is complete and request that the City
perform a walk-through for generation of a Punch list. The Contractor shall notify the
City at least seven (7) days in advance of the time the walk-through is to be performed.
b) The City will determine if the Contractor is ready for a walk-through by verifying
whether the Contractor has provided or completed all items, whether the Contractor has
obtained the applicable certifications, and by evaluating completeness by inspecting the
Project and the specified Work required by the Contract Documents.
c) The City will facilitate a walk-through.
d) The Contractor shall make available at the Site for walk-through attendees the plans and
specifications and the technical data such as submittals and equipment manuals.
e) The City will generate the Punch list within two (2) Working Days from the date of the
walk-through and submit it to the Contractor.
f) If, at any time during the City's evaluation of the corrective Work required by the Punch
list, the City discovers that additional corrective Work is required, the City may include
that corrective Work in the Punch list. The Contractor shall be solely responsible for the
Site until the Project is completely operational, all Punch list items have been corrected,
and all operation and maintenance manuals have been accepted by the City,
g) The City will meet with the Contractor until all Punch list items are corrected.
h) All corrective work must be completed within the original contract time allotted.
i) lJpon. Acceptance, the Contractor shall assemble anl deliver to the City all records,
documents, warranties, material certifications, bonds, guarantees, maintenance and
service agreements, and maintenance and operating manuals. Written warranties, except
manufacturer's standard printed warranties, shall be on the Contractor's and the
Contractor's agents, material suppliers, installers, or manufacturer's letterhead, addressed
to the Contractor. Warranties shall be submitted in the format described in this section,
modified as approved by the City to suit the conditions pertaining to the warranty.
JJ
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7.2 RETENTION. In lieu of a 5% retention as required by the Public Contracts Code, the
Contractor shall provide unconditional releases from all suppliers and subcontractors for any and
all work done at the Property_
SECTION 8- LIQUIDATED DAMAGES.
Failure of the Contractor to complete the Work within the time allowed will result in damages
being sustained by the City. Such damages are, and will continue to be, impracticable and
extremely difficult to determine. For each consecutive calendar day in excess of the time
specified for completion of the Work, the Contractor shall pay to the City, or have withheld from
monies due it, the sum of $500 Five Hundred Dollars per calendar day.
Execution of the Contract shall constitute agreement by the City and the Contractor that Five
Hundred Dollars ($500) per day is the minimum value of the costs and actual damages caused
by the failure of the Contractor to complete the Work within the allotted time, that such sum is
liquidated damages and shall not be construed as a penalty, and that such sum may be deducted
from payments due the Contractor if such delay occurs.
The City and Contractor agree that time is of the essence for this project and that the City may at
its discretion demand delivery of the Property and close of escrow if the Work is not complete
within the time allotted for this contract. However, it is the intent of the parties that the contract
time can be extended by the City for reasonable causes outside of the control of the Contractor if
the City upon its own determination can delay the occupation of the Property.
SECTION 9- GUARANTEE
In conjunction with the manufacturer's warranty/guarantee for all products provided and in
accordance with the executed guarantee agreement, all work shall be guaranteed by the
Contractor for a period of one (1) year from the date of acceptance of the work against defective
workmanship and materials furnished by the Contractor. The Contractor shall promptly replace
or repair, in a manner satisfactory to the Engineer, any such defective work, after notice to do so
from the Engineer, and upon the Contractor's failure to make such replacement or repairs
promptly, the City may perform this work and the Contractor and his surety shall be liable for the
cost thereof.
SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR
10.1 LABOR
10.1.2 Laws. Pursuant to Sections 1720 et seq. and 1770 et seq. of the California Labor Code,
the successful bidder shall pay not less than the prevailing rate of per diem wages as determined
by the Director of the California Department of industrial Relations. Copies of such prevailing
rate or per diem wages are on file in the City Engineer's office, which copies shall be made
available to any interested party on request at the posted reproduction charge. The successful
bidder shall post a copy of such wage determinations at each job site.
SECTION 11- PROJECT SITE MAINTENANCE
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11.1 General. Contractor shall recycle all designated recyclable materials in compliance with
the City of National City Municipal Code Chapter 15.80, Construction and Demolition Debris
(Ordinance No. 2009-2309). Such materials are, but not limited to, concrete, asphalt, dirt, metals,
road base material, wood waste, paper products and tree trimmings. Further, the higher economic
costs of landfill disposal versus the lower cost of recycling disposal make it in each contractor's
best interest to recycle as much as possible. Proof of compliance with City of National City
Mumcipal Code Chapter 15.80 shall be provided by both completing the Contractor's Affidavit
of Disposal, and fulfilling the requirements of Chapter 15.80, including proof of diversion
regardless of disposal site.
SECTION 12- WATER POLLUTION CONTROL SITE MANAGEMENT (S PP) AND
GENERAL ENVIRONMENTAL CONDITIONS.
12.1 General. At a minimum, the Contractor shall be required to do the following:
Protect all new and existing storm water conveyance system structures from sedimentation and
concrete rinse, or other construction related debris and discharges with gravel bags and filter
fabric or by any other equal product that is approved by the Resident Engineer. Temporary
gravel bags shall be installed, maintained, and later removed as approved by the Resident
Engineer. The Contractor will not be paid any additional money for the maintenance, removal
and replacement of gravel bag at the same location. Gravel bags fill material shall be one-half to
one -inch Class 2 aggregate base, clean and free from clay and deleterious material. Gravel bag
fabric shall be woven high -density polyethylene fabric with a minimum unit weight of 5
oz.lsquare yard. The fabric shall have a Mullen burst strength of at least 350 psi, conforming to
the requirements of ASTM Designation D 3786, and an ultraviolet (UV) stability exceeding 70
percent. Gravel bags, when filled, shall have nominal dimensions (length x width x height) of 16
in. x 12 in. x 6 in., and a fill mass of 35 to 60 pounds. The Contractor shall use other methods if
ponding will encroach in to the traffic or onto erodible surfaces and slopes. Flow from a severe
storm shall not overtop the curb. Temporary gravel bags shall be maintained to provide for
adequate sediment holding capacity. The Contractor shall remove the sediment behind the barrier
when it reaches one-third the height of the barrier and immediately before and after each storm
event. When no longer required for the intended purpose, temporary gravel bag barriers shall be
removed from the site of work. Storm drain inlet sediment control pleasures shall be of
sufficient capacity and dimensions so as to handle received flows and debris without blocking or
diverting flows from the inlets. Area around the inlet shall be provided for water to pond without
flooding structures and property. The storm drain inlet sediment control measures shall not
impede the safe flow of traffic. The storm drain inlet sediment control measures shall be of
sufficient weight so as not to shift out of place, or shall be secured in place against movement.
Protect all drainage structures within 100 Feet of the work if there is a threat to water
quality.
Inlet sediment control measures shall be maintained daily or more often if needed. Maintaining
inlet sediment control measures shall include removing and disposing of accumulated trash
debris when depth exceeds one -third the height of filterltrap. Waste materials shall be removed
and disposed in accordance with the Green Book Maintaining inlet sediment control protection
shall also include daily checks for excessive debris and for damaged inlet sediment control
measures. Damaged inlet sediment control measures shall be repaired or replaced immediately.
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When storm drain inlet protection is no longer required for the work, as approved by the
Resident Engineer, the inlet sediment control measures shall be completely removed. Storm
drain inlet protection shall not be removed until upstream soils are stabilized. Materials for inlet
sediment control shall become the property of the contractor and shall be removed from the site
of the work and disposed off -site as specified in the contract.
It is the contractor's responsibility to insure that the BMP's are operational and working
properly. Furthermore, the Contractor shall be held responsible for any citation and/or fine due
discharges or malfunctioning of the BMP's.
Contractor shall be responsible for any and all other best Tnanagement practices (BMPs) that are
a threat to the water quality as deemed necessary by the City Engineer.
Compensation shall be paid under the various line items. No additional compensation shall be
paid.
12.2 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all applicable
standards, orders, or requirements of the Environmental Protection Agency regulations (40 CFR,
Part 15).
12.3 FLOOD DISASTER PROTECTION ACT OF 1973.The Contractor shall comply with
all applicable standards, orders, or requirements of the Flood Disaster Protection Act of 1973 (42
USC 4001 etseq, as amended).
12.4 GRAFFITI CONTROL. The Contractor shall maintain all site improvements, including
any temporary facilities, equipment or other materials in a graffiti free condition throughout the
construction period, until acceptance of the project by the City. Graffiti encountered on the job
site shall be removed by the Contractor within twenty-four (24) hours. Costs for removal shall
be included in the various items of work.
12.5 NOISE ABATEMENT AND CONTROL. The Contractor shall comply with the
provisions of the City of National City Municipal Code, Noise Abatement and Control, and the
County of San Diego Code of Regulatory Ordinances, Noise Abatement and Control. In the
event of conflict, the most stringent requirement shall apply. If the Contractor chooses to conduct
work activities during times when a Noise Permit is required, the Contractor shall apply for,
obtain, and pay for the Noise Permit at no additional cost to City.
The Contractor shall coordinate their activities in such a way that minimizes the disturbance with
the any adjacent or nearby schools. The Contractor shall attend any coordination meetings with
any schools. The cost of noise mitigation and coordination efforts shall be included in the
various items of work and there shall be no additional costs to the City.
12.6 "'ra e:t Appearance. The Contractor shall maintain a neat appearance to the work. In
any area visible to the public, the following shall apply:
a. When practicable, broken concrete and debris developed during clearing and
grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the
material shall be removed or disposed of weekly.
b. The Contractor shall furnish trash bins for all debris from structure construction.
All debris shall be placed in trash bins daily. Forms and false -work that are to be re -used shall be
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stacker. neatly concurrently with their removal. Forms and false -work that are not to be re -used
shall be disposed of concurrently with their removal.
e. Full compensation for conforming to the provisions in this section shall be
considered as included in prices paid for the various contract items of work involved and no
additional compensation will be allowed,
12.7 Sound Control Requirements. The Contractor shall comply with all local sound control
and noise level rules, regulations and ordinances, which apply to any work performed pursuant to
the contract. Each internal combustion engine, used for any purpose on the job or related to the
job, shall be equipped with a muffler of a type recommended by the :manufacturer. No internal
combustion engine shall be operated on the project without said muffler. If required see the
attached Mitigated Negative Declaration Document in the appendices.
12.8 Hazardous Waste. If the Contractor encounters material in demolition or work that he has
reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety
Code, he shall immediately so notify the Engineer in writing. Demolition in the immediate area
of the suspected hazardous material shall be suspended until the Engineer authorizes it to be
resumed. If such suspension delays the current controlling operation, the Contractor will be
granted an extension of time as agreed to between the parties.
The City reserves the right to use other forces for exploratory work to identify and determine the
extent of such material and for removing hazardous material from such area.
SECTION 13- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
13.1 Contractor shall replace/repair any property or private improvements, which are damaged or
removed as a result of its operations to current City of National City standards and to the
satisfaction of the City Engineer in an as good or better condition.
Contractor will take measures to minimize inconvenience to the City, including but not limited
to:
a. Advance notification of the impending work and the estimated duration of the work.
b. Care in access to and from the building by the Contractor's equipment, materials and/or
personnel,
c. Private property and improvements must be repair, restored and/or replaced within 7 days
of the completion of the adjacent work.
The cost of protecting, removing and restoring of items necessary to complete the work shall be
included in the various line items of work and there shall be no additional cost to the City.
SECTION 14-PROJECT SAFETY
Section 14.1-Safety Orders. The Contractor shall be solely and completely responsible for
conditions on the job site, including safety of all persons (including employees) and property
during performance of the work. This requirement shall apply continuously and is not limited to
normal working hours. Safety provisions shall conform to U.S. Department of Labor, the
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California Occupational Safety and Health Act (OSHA), and all other applicable Federal, State,
County, and City laws, ordinances, codes, the requirements set forth below, and any regulations
that may be detailed in other parts of these documents. Where any of these are in conflict, the
more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize
himself with the aforementioned safety provisions shall not relieve him from compliance with
the obligations and penalties set forth herein.
The Contractor shall develop and maintain tor the duration of this contract, a safety program that
will effectively incorporate and implement all required safety provisions. The Contractor shall
appoint an employee who is qualified and authorized to supervise and enforce compliance with
the safety program.
The duty of the City and its consultants is to conduct construction review of the Contractor's
performance and shall not include a review or approval of adequacy of the Contractor's safety
supervisor, the safety program, or any safety measures taken in, on, or near the construction site.
If death or serious injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to the City's inspector or other representative. In
addition, the Contractor must promptly report in writing to the City all accidents whatsoever
arising out of or in connection with, the performance of the work whether on, or adjacent to the
site, giving full details and statements of witnesses.
14.2 Public Safety During Non -Working Hours. Notwithstanding the Contractor's primary
responsibility for safety on the job site when the Contractor is not present, the Engineer, at his
option after attempting to contact the Contractor, may direct City forces to perform any functions
he may deem necessary to ensure public safety at or in the vicinity of the job site. If such
procedure is implemented, the Contractor will bear all expenses incurred by the City.
In all cases the judgment of the Engineer shall be final in determining whether or not an unsafe
situation exists however this does not alleviate the contractor's responsibility and liability to
maintain a safe worksite at all times.
SECTION 15- PROJECT CLOSEOUT
15.1 Cleanup. In addition to the requirement that the job site be kept clean during the progress
of the work, the contractor is similarly obligated to thoroughly clean up the construction site at
*he end of the ;nb before the work r.an be accepterl Final acceptance of work will be withheld
until the contractor has satisfactorily complied with all of the requirements for final cleanup of
the project site. Disposal of all waste and refiuse shall be at the contractor's expense. No waste or
rubbish of any nature is allowed to be disposed of at the site except upon receipt of written
approval by the City.
15.2 Final inspection. When the work is completed satisfactorily, and in accordance with the
terms of the contract, the contractor shall submit a written request to the Engineer and Building
Department for the final inspection. Upon receiving such notification from the contractor, the
City will arrange for the final inspection of the work. The representative of the contractor and the
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subcontractors should participate in the inspection tour to respond to any questions that may be
raised by the representative of the City.
Prior to, but in no case later than, the pre -final inspection period, dates should be established for
equipment testing, systems validation, acceptance periods, warranty dates, and instructional
requirements that may be required by the contract.
Following the pre -final inspection of the work, the City's representative will prepare a Punch List
setting forth in accurate detail any items of work that have been found to be not in accordance
with the requirements of the contract documents.
When notified by the contractor that all of the pre -final Punch List items have been completed,
the Engineer and his/her representative accompanied by the representatives of the other City
Departments with the presence of the Contractor will conduct the final inspection of the work.
Then, if all punch list items have been completed satisfactorily, and if no new items are
discovered, the final inspection date will be considered as the completion date for the project.
If, following the final inspection of any portion of the work, there remains a question as to
whether one or more Punch List items have not been properly completed, but otherwise the
overall project is substantially complete, the Engineer. may issue an updated Punch List and
consider the final inspection date as the completion date if the contractor completes the updated
punch list items within a specified period of time.
15.4 Acceptance. The project will be scheduled for the City Council's acceptance if the
following items are satisfactorily met:
a. The work has been completed satisfactorily, and in accordance with the terms of the
contract.
b. All of the punch list items have been completed and the project is accepted by the
Engineer and signed off as complete and acceptable by the City Building Department.
c, Record (As -built) drawings have been submitted and accepted by the Engineer.
d. All of the payroll records (contractor and subcontractors) have been submitted and
accepted if requested by the City.
e. Operating manuals and instructions for equipment items, keying schedule, maintenance
stock items, certifications of inspection, and systems validation have been submitted.
f Guarantee Agreement is submitted to and accepted by the Engineer.
Contractor's Certificate of Completion, Affidavit of Disposal, Affidavit of Payment,
Consent of Surety for Final Payment have been signed and submitted to the Engineer.
h. Contract Final Balance has been approved or conditionally approved by the Contractor
and submitted to the Engineer.
i. Notice of Completion will he filed with the County Recorder once a1l of the above li,ster1
items are complete.
j. Occupancy is allowed by the Building Official.
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726 W 19`h Street, National City, CA 91950 Construction Contract
PERFORMANCE BOND (Attachment B)
WHEREAS, the City of National City has awarded to
WHEREAS, the. LPL
hereinafter designated as the "Principal", the
CITY OF NATIONAL CITY
CONSTRUCTION CONTRACT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PAUL W. RALPH
WHEREAS, said Principal is required under the terms of said contract to furnish r bond for
the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
as surety, are held and firmly bound unto
the City Council of the City of National City, hereinafter called the "Council", in the penal sum of
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 successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal,
his/her or its hefts, executors, administrators, successors or assigns, shall in ail things stand to
and abide by, and well and truly keep and perform the covenants, conditions and agreements
in the said contract any alteration thereof made as therein provides, on his or their part, to be
kept and performed at the time and in the amount therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the City of
National City, the City Council, their officers, agents, and employees, 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 herein or the specifications accompanying the same shall in any wise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or additions to the terms of the contract or to the work or to the specifications.
726 W 19th Street, National City, CA 91950 Construction Contract
PERFORMANCE BOND (continued)
In the event suit is brought upon this bond by the City of National City and judgment is
recovered, the surety shall pay all costs incurred by the Council in such suit, including a
reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF three 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 de,v, cf , 2014.
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
726 W 19th Street, National City, CA 91950 Construction Contract
PERFORMANCE BOND (continued)
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
ss
COUNTY OF
On this day of , 2014, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
known to me to be the person whose
name is subscribed to the within instrument as the attorney -in -fact of the
the corporation named as Surety in said
instrument, and acknowledged to me that he subscribed the name of said corporation thereto
as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
NOTE: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Signature:
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires:
726 W 19th Street, National City, CA 91950 Construction Contract
PAYMENT BOND (Attachment C)
WHEREAS, the City of National City has awarded
"Principal", the
, hereinafter designated as the
CITY OF NATIONAL CITY
CONSTRUCTION CONTRACT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PAUL W. RALPH
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and
Chapter 7 (commencing at Section 3247), Tile 15, Part 4, Division 3 of the California Civil Code
to furnish a bond in connection with said contract;
NOW, THEREFORE, we, the Principal and
as surety, are held and firmly bound unto the City Council of the City of National City,
hereinafter called the "Council", in the penal sum of
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 successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of
the persons named in Section 3181 of the California Civil Code, or amounts due under the
Unemployment Insurance Code with respect to work or labor performed by any such claimant,
or for any amounts required to be deducted, w thheld, and paid over to the Franchise Tax
Board from the wages of employees of the Contractor and his subcontractors pursuant to
Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the
Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and
also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the
Court.
This Bond shall inure to the benefit of any of the persons named in Section 3181 of the
California Civil Code, so as to give a right of action to such persons or their assigns in any suit
brought upon this bond,
726 W 19th Street, National City, CA 91950 Construction Contract
PAYMENT BOND (continued)
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
pertaining or relating to any scheme or work of improvement hereinabove described or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement hereinabove described, nor by
any rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery of
claimants otherwise entitled to recover under any such contract or agreement or under the
bond, nor by any fraud practiced by any person other than the claimant seeking to recover on
the bond and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of any
breach of contract between the owner of Public Entity and original contractor or on the part of
any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a
person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the
full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF three 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 2014.
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
726 W 19th Street, National City, CA 91950 Construction Contract
PAYMENT BOND (continued)
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
COUNTY OF
) 55
On this day _ of , 2014, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
known to me to be the person whose
name is subscribed to the within instrument as the attorney -in -fact of the
, the corporation named as Surety in said
instrument, and acknowledged to me that he subscribed the name of said corporation thereto
as Surety, and his own name as attorney -in -fact.
NOTE: Signature of those executing for
Surety must be properly
acknowledged.
NOTE: The Attorney -in -fact must attach a
certified copy of the Power of
Attorney.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
726 W 19th Street, National City, CA 91950 Construction Contract
CERTIFICATE REGARDING CONTRACTOR'S LICENSE (Attachment D)
1, Contractor is required to possess one of the following State Contractor's License:
State of California Class "B" Contractor's License
2. A failure to possess the required license, a failure to truthfully set forth the following
information, or a failure to execute this Certificate renders the proposal nonresponsive and
requires the City to reject the proposal. (Business and Professions Code Section 7028.15)
3. Contractor declares, under penalty of perjury, that he possesses the required
Contractor's license(s) which:
a. Bears the license number(s):
b. Expires on:
Signature of Prime Contractor
Date Signature of Prime Contractor Date
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
This required license determination has been made by the City of National City. Any Contractor
holding a different license who feels he is qualified to bid on this work must so advise the City
Engineer at least seven (7) days prior to the bid opening. A review of the contemplated work
will be made and the City's decision as to the required license will be final.
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726 W 19th Street, National City, CA 91950 Construction Contract
DESIGNATION OF SUBCONTRACTORS (Attachment E)
in compliance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section
4100 et sec of the Government Code of the State of California) the undersigned Prime Contractor has
set forth beiow the full name and the location of the place of business of each Subcontractor who will
perform work or labor or render service to the Prirne Contractor in or about the construction of the
work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to
the Prime Contractor, specially fabricates and instaiis a portion of the work or improvement according to
detailed drawings contained in the plans and specifications to which the attached bid is responsive, and
the portion of the work which will be done by each Subcontractor for each subcontract in excess of one-
half of one percent of the Prime Contractor's total bid.
The Prime Contractor understands that if he fails to specify a subcontractor for any portion of the
work to be performed under the contract in excess of one-half of one percent of his bid, he shall be
deemed to have agreed to perform such portion of the work with contractor's own forces. Substitution
shall not be allowed, except in cases of public emergency or necessity, and then only after a finding,
reduced to writing as a public record of the City, setting forth the facts constituting the emergency or
necessity, if no subcontractors are to be employed on the project, enter the word "NONE".
Item # Subcontractor
Description of Work % of Item
Use an additional sheet and attach if necessary. Number of sheets attached for listed subcontractors
Percentage (%) of total contract amount that is subcontracted % (Do not include specialty
items in the calculation)
Signed this day of , 2n1?.
Signature of Prime Contractor
Date Signature of Prime Contractor Date
Print name and title Print name and title
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726 W 19th Street, National City, CA 9195Q Construction Contract
CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE (Attachment F)
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation to one or more insurers duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self -insure,
which may be given upon furnishing proof satisfactory to the Director of Industrial Relations
of ability to self -insure and to pay any compensation that may become due to his
employees.
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract. I further certify that if 1 should
contract or subcontract with any person, including firm or company, to do all or any part of the
work for which this proposal covers, I shall assure compliance by that contractor or
subcontractor with the provisions of Section 3700 of the Labor Code.
(Legal Name of Prime Contractor)
By:
Title:
(!n accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the
Labor Code, the above certificate must be signed and filed with the awarding body prior to
performing any work under this contract.)
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726 W 19th Street, National City, CA 91950 Construction Contract
EMERGENCY NOTIFICATION LIST (Attachment G)
M y/our representatives at the construction site for the above subject project will be:
On -site Project Superintendent:
Name Ceti number; Office number
Other 24-hour available person with authority to order work:
Name CeII number/Office number
Other 24-hour available person with authority to order work:
Name Cell number/Office number
I am aware that one of the named representative(s) shall be present at the work site whenever
work is in progress. Further, each of these responsible persons can be contacted in an
emergency situation and have complete authority to act on the Contractor's behalf,
Signature of Prime Contractor Signature of Prime Contractor
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-4
726 W 19th Street, National City, CA 91950 Construction Contract
GUARANTEE AGREEMENT (Attachment H)
We hereby guarantee that structural and real property improvements to the real property located at
726 W. 19th Street, National City, CA 91950 have been installed in accordance with C1TY OF NATIONAL
C1TY CONSTRUCTION CONTRACT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH
and all drawings and specifications thereto and guarantee that the work as installed will fulfil! the
requirements included in the specifications of that Contract. The undersigned agrees to promptly repair
or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other
adjacent work which may be displaced in connection with such repair or replacement, that may prove to
be defective in workmanshiu or material within a period of one (1) year from the date of acceptance of
the above referenced project by the CITY, ordinary wear and tear and unusual abuse or neglect
excepted.
The Contractor also agrees to hold the CITY harmless from claims of any kind arising from damage due
to said defects in the work constructed under the Contract.
In the event that the undersigned fails to comply with the abovementioned conditions within a
reasonable period of time, as determined by the CITY, the undersigned hereby authorizes the CITY to
proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City
for the cost thereof.
Firm name Address
Signature of Prime Contractor or Sub -Contractor Signature of Prime Contractor or Sub -Contractor
Print name and title Print name and title
Countersigned (required by Prime Contractor if this Guarantee Agreement is for a Sub -Contractor):
Firm name Address
Signature of Prime Contractor Signature of Prime Contractor
Print name and title Print name and ale
Contact for5eruice:
Name
Address
Telephone number and email address
726 W 19th Street, National City, CA 91950 Construction Contract
CONTRACTOR'S CERTIFICATION OF COMPLETION (Attachment 1)
DATE:
TO: City Engineer
City of National City
Engineering Department
1243 National City Boulevard
National City, CA 91950
FROM:
(Firm or Corporation)
This is to certify that I, acting as an authorized official of the above stated firm or corporation,
have been properly authorized by said firm or corporation to sign the following statements
pertaining to the subject contract:
I know, of my own personal knowledge, and do hereby certify, that the work of the
contract described above has been performed, and materials used and installed in every
particular, in accordance with, and in conformity to, the contract drawings and
specifications.
The contract work is now complete in all parts and requirements, and ready for your
final inspection.
l understand that neither the determination by the Engineer that the work is complete,
nor the acceptance thereof by the Owner, shall operate as a bar to claim against the
Contractor under the terms of the guarantee provisions of the contract documents.
Signature of Prime Contractor Signature of Prime Contractor
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
726 W 19th Street, National City, CA 91950 Construction Contract
CONTRACTOR'S AFFIDAVIT OF PAYMENT (Attachment J)
To All Whom It May Concern:
WHEREAS, the undersigned has been contracted by the City of National City to furnish
labor, materials, and equipment for the CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY
AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH, under a contract dated the
day of , 2014, in the City of National City, County of San Diego,
State of California, of which City of National City is the Owner.
NOW, THEREFORE, this day of , 2014 the
undersigned, as the Contractor for the above -named Contract pursuant to the Conditions of the
Contract hereby certifies that, except as listed below, he has paid in full or has otherwise
satisfied all obligations for all materials and equipment furnished, for all work, labor, and
services performed, and for all known indebtedness and claims against the Contractor for
damages arising in any manner in connection with the performance of the Contract referenced
above for which the Owner or his property might in anyway be held responsible.
EXCEPTIONS: Of none, write "!None". If required by the Owner, the Contractor shall furnish bond
satisfactory to the Owner for each exception.)
Signature of Prime Contractor
Date Signature of Prime Contractor Date
Print name and title Print name and titre
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
726 W 19th Street, National City, CA 91950 Construction Contract
CONSENT OF SURETY FOR FINAL PAYMENT (Attachment K)
In accordance with the provisions of the contract between the City and the Contractor; and the
following named Surety:
on the Payment Bond in the amount of Dollars,
of the following named Contractor:
hereby approves of final payment to the Contractor, and further agrees that said final payment
to the Contractor shall not relieve the Surety named herein of any of its obligations to the City
of National City, California, as set forth in said Surety company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this
day of , 2014.
Signature of Authorized Surety Representative
Title
(CORPORATE SEAL)
726 W 19th Street, National City, CA 91950 Construction Contract
CONTRACTOR'S AFFIDAVIT OF DISPOSAL (Attachment Li
WHEREAS, on the day of 2014, the undersigned entered into
and executed a contract with the City of National City, a municipal corporation, for structural and real
property improvements to the real property located at 726 W. 19th Street, National City, CA as
particularly described in the contract entitled CITY OF NATIONAL CITY CONSTRUCTION CONTRACT BY
AND BETWEEN THE CITY OF NATIONAL CITY AND PAUL W. RALPH.
WHFRI AS_ the specifications of said contract requires the Contractor to affirm that "ail brush,
trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner"
and that all designated recyclable materials are properly recycled in compliance with the City of National
City Municipal Code, Chapter 15.80, Construction and Demolition Debris (Ordinance No. 2009-2309).
WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of
compliance with the City of National City Municipal Code has been furnished.
NOW, THEREFORE, in consideration of the final payment by the City of National City to said
Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms
under penalty of perjury that all surplus materials as described in said contract have been disposed of at
the following locations}:
Type of material disposed of Type of material disposed of
Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
Type of material disposed of Type of material disposed of
Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the City of National City en this day of , 2014, I
(we) hereby certified and swear under penalty of perjury under the laws of. the State of California that
the aforementioned information 1s true and correct without omission, error or misrepresentation.
Signature of Prime Contractor
Date Signature of Prime Contractor Date
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of cork„ ..e officers are required.)
CONSTRUCTION CONTRACT
726 W. 19TH STREET
EXHIBIT "A"
Scope of Work
Contractor shall:
1. Provide all services and all labor, rnaterials, and equipment to construct all
improvements indicated on the plans, details and notes attached hereto as Exhibit "A",
including but not limited to:
a. Prepare, amend, and submit permitable plans for all improvements that
conform to Exhibit "A" and all code requirements.
b. Obtain and pay for all permits as required (Traffic control permits shall be
no fee).
c. Perform all demolition as required.
d. Dispose and recycle all materials as required.
e. Design, permit, and install an interior fire sprinkler system with water
service to water main and backflow preventer.
f. Provide, install, and construct perimeter fencing with automatic gate.
g. Provide, install, and construct all interior tenant improvements.
h. Provide all bonding and insurance.
i. Provide all management and supervision.
j. Deliver complete building and site ready for occupancy and use.
k. Deliver completed and signed off permits, certificates, warranties, and
close-out documents.
I. Complete the work within the specified period of time.
City shall:
1. Provide expedited plan review.
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ENGINEERING DEPARTMENT
UTILITY 0E08RTMENTS
SDC&E
TFIFPHONE
CONSTRUCTION RECORDS
AS -BUILT
DY
APPROVED
DATE
ELECTRIC, HAZER MARAREH
GAS MAPS, HUEY MITCHELL
(858) 549-5515
(856) 547-208O
TELECOMMUNCA1IO11, DEAN TATEYAMA
(619) 260-4312
REVIS10NS
COS COMMUNCATIONS, GARY COCPER
(0115) 266-5387
AT&T SJBSiRUCTURES, PATTI SLADEX
(858) 685-1935
DATE STARTED:
INSPECTOR:
DATE COMPLETED:
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ENGINEERING DEPARTMENT
UTILITY DEPARTMENTS
TELEP�JONE
SODEE
CONSTRUCTION RECORDS
AS -BURLY
BY
APPROVED
DATE
ELECTRIC, MASER MARABEII
(056) 549-6510
GAS MAPS, HUEY WITCHED-
(858) 547-2DED
RE\4s of s
TELECOWMUNCAT1Oµ DEAN TATETAW
COIt CONNLINCATPONS, GARY COOPER
AT&T DES, PATH SLADEK
(679) 76D-4212
(879) 298-5367
(866) Ms-1935
DATE STYMIED:
INSPE]CTIM
DATE C0IPLETED:
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The Traditional Eau Crate Solution
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f1fr4hfa
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EXHIBIT "A"
SPQR "
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Types
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Styles: Majastie Gera Wittig Classic(sb
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a grant 4"x 11ga gxtoposts
Hardware
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equally superior hardware. The v-!rack rollers are
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EXHIBIT "A"
a
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ASTM A 36 Steel
20' lengths only
WITH DRILLED PL}tTE
(114"x4')
GALVANIZE6 WTRACK - FOR USE WITS V-GROOVE WHEEL
O7n ii4` x 4" Plate 1 t12' x 1 1/2" x 3/15"
Ali above with hot dip galvanized finish.
EXHIBIT "A"