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Home My WebLink About2005 CON MJC Construction - Paradise Creed Educational ParkCONTRACT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 THIS CONTRACT, made and entered into this 21' of E-iAJ-gT. 2005 by and between the City of National City, herein after designated as the "City", and MJC Construction, hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of one million eight thousand and nine hundred 00/100 Dollars ($1,008,900.00). 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and General Conditions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Construction Manager, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, the City's representatives, the Construction Manager, the Architect, the Consultants and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, the City's Representative, the Construction Manager, the Architect, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. Contractor will promptly pay any judgment rendered against Contractor, the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers harmless there from. CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 3) In the event the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, the City's Representative, the Construction Manager, the Architect, officers, employees, agents and authorized volunteers any and all costs and expenses incurred by the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then pertaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 8. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 9. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By Title: ` =-\cz tt�r- CITY: By: Title: Federal ID. No. -55 -01 S 3 i 12 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 CORPORATE CERTIFICATE I, U1/4N.6.4A 0-1u-1C VEz certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 0—Ay u '- f M Z. , who signed said contract on behalf of the Contractor, was then ?RED f 1::)t=-1vT of said Corporation; 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. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; 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. Corporate Seal: CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ss On this day of , 200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) Known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: BID SECURITY FORM - BOND PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 KNOW ALL MEN BY THESE PRESENTS THAT WE Jimenez Inc. dba MJC Construction as Principal, and Western Surety Company 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 TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID or the principal above named, submitted by said Principal to the County for the work described below, for the payment of which sum in lawful money of the United States. well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of: Percent (10%) ' of the 'Dotal Amount of the Bid THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the Council for certain construction specifically described as follows, for which bids are to be opened on [INSERT DATEI, for PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 NOW, THEREFORE, IF the aforesaid principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, with sixty (60) days after said opening, and shall within the period specified therefore, or, if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Council in the prescribed form, in accordance with the bid as accepted, and file the two bonds with the Council, 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 the Council brings suit upon this bond 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, we have hereunto set our hands and seals on this 28th day of July , A.D. 200 _ Jimenez Inc. dba. MJC Construction (SEAL) Western/Surety any (SEAL) BYtr 4 G� s� J (SEAL) BY: ..Gd- T �Coi/ (SEAL)(SEAL) Scott T. Ries (SEAL) Attorney in Fact 23 BID SECURITY FORM — BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) On this day of , 200_. 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. ) ss 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: APPROVED AS TO FORM: By: George H. Eiser, IiI City Attorney 24 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Scott T Ries, Sharon E Ries, Individually of Escondido, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 25th day of March, 2003. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY ez�� enFl.c Senior VicePresident Paul . Bruflat, On this 25th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 +,,5„ss,,,sa,,.._,_,_,,,_„_,_,_,,,,,,,,,, + r D. KRELL ., a sE^AL NOTARY PUBLIC 5E i a SOUTH t)AKOTA a i +,.," ,,, ,,.,a•,,.,•,e•,•,,,,,,,a" ') 4 CERTIFICATE Xf2,4 D. Krell, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of July 2005 ° SURETY`%n WESTERN SURETY COMPANY cDT 24.142-irrt-' L. Nelson, Assistant Secretary Fnnn F47804)1-02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cf:.iM-�S!!a.0 caC aaSa."✓�:,�5,��a�t!-C!� -sit T�Gc�'.� w>;�' ca�.a'1f: •�i4-�C��C�crwC��aSlclC.2 State of California County of San Diego } SS. On July 28, 2005 before me, Alma Bazan Stauffer, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Date personally appeared Scott T. Ries Name s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(. whose name(*) is/are subscribed to the within instrument and acknowledged to me that he/she/tt4e5r executed the same in his/her/their authorized capacity(ies), and that by his/ker/their signature* on the instrument the person(a), or the entity upon behalf of which the person(e) acted, executed the instrument. V TNESS my and and offici seal. U' SigneNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THU OF SIG PRINT R Top of thumb here 0 999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Cali Toil -Free 1-800-676-6827 PERFORMANCE BOND PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 KNOW ALL MEN BY THESE PRESENTS: That BOND #58632510 PREMIUM $13,589.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2005-179, passed the 16"' day of August, 2005 has awarded to MJC Construction, hereinafter designated as the "Principal", the PARADISE CREEK EDUCATIONAL PARK, Specification No. 04-5. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Western Surety Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", and the California State Coastal Conservancy, herein called "Conservancy" in the penal sum of $1,008,900.00 (One million eight thousand and nine hundred and 00/100) 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 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 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 Conservancy, 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 he performed there under 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. PERFORMANCE BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 1 st clay of September , 200 5 . Western Surety Company (SF.AL) MJC Copstructiorrl (SEAL) BY: ,d4f+ ' I (SEAL) BY:� G�sgn c.,) t _ - ,� (SEAL) Scott T. Ries, Attorney 1.1 (SEAL) (SEAL) Fact Surety Principal APPROVED AS TO FORM George H. Eiser, I11 City Attorney PERFORMANCE BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this clay of , 200_, 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 ine 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. Signature: NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George IL Eiscr, III City Attorney PAYMENT BOND PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 KNOW ALL MEN BY THESE PRESENTS: That BOND #58632510 PREMIUM $13,589.00 WIIEREAS, the City Council of the City of National City, by Resolution No. 2005-179, passed the 16 day of' August, 2005 has awarded to NUC Construction, hereinafter designated as the "Principal", the PARADISE CREEK EDUCATIONAL PARK, Specification No. 04-5. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 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", and the California State Coastal Conservancy, herein called "Conservancy" in `the penal sum of Ohe Million Eight Thousand Nifte Huifdred 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 suoeessors, jointly and severally, firmly by these presents. Western Surety Comparty TI{E coisiornorr OF THIS OBLIGATION IS SUCH that if said Principal, histher 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, withheld, 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 Iabor 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. PAYMENT BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 shalt 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 lst day of September 200 5. Wester Surety Cornpaffy (SEAL) BY: 604— d7ati (SEAL) Scott T. Ries, Attorney i i (SEAL) Fact Surety APPROVED AS TO FORM George H. Eiser, III City Attorney MTC Cbmstructiort BY: (SEAL) 3 (SEAL) (SEAL) Principal PAYIMMJ Ni` BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 ATTORNEY-1N--FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this clay of , 200_, 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 property acknowledged. NOTE: The Attorney -in -fact shall 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: APPROVED AS TO FORM: By: George H. Eiscr, III City Attorney Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Scott T Ries, Sharon E Ries, Individually of Escondido, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - hi Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 25th day of March, 2003. State of South Dakota County ofMinnehaha } ss WESTERN SURETY COMPANY Paul Brvflat Senior Vice . Bruflat, Vice President On this 25th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 }SSSbbbbbbbbbbbbbbbbbbbbb} D. KRELL NOTARY PUBLIC SOUTH DAKOTA zzzzzzzzzzzzzzzbzb+ sE 3 r CERTIFICATE 711211 D. Krell, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 St day of September , 2005. WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Fnrm F4230-01-02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On September 1, 2005 Date ss. a.0�atu� before me Alma Bazan Stauffer, Notary Public personally appeared Scott T. Ries Name Is) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence ALMA Maw SMUG Camtaiestem 1370847 Way Odifontis Sea Diego County MyCetnnt. ExciesAug18,2008 Name and Title of Officer (e.g., "Jane Doe. Notary Public") to be the person(. whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/eke/they executed the same in his/her/titer authorized capacity(iee), and that by his/kter/heir signature(e) on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the instrument. NESS my hand and official seal. Signet e Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .��d'"ar-,vim>ot .� -. 0satM7 entrc✓z" gr RIGHTTH OF S G PRINT R Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotery.org Prod. No. 59D7 Reorder Call Toll -Free 1-800-876-6827 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 PRODUCER (949)472-6560 FAX (949)588-8348 California Southwestern Insurance Agency/Lic.# 0443354 21 Orchard Lake Forest, CA 92630 INSURED Jimenez, Inc dba: MJC Construction 3015 Sylvia St. Bonita, CA 91902 ACORD,M CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: NIC Insurance Company INSURER B: Mercury Casualty DATE (MMIDDIYYYY) 09/12/2005 NAIC # INSURER C: INSURER O_ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDTYY) POLICY EXPIRATION DATE(EXPIRAYY) LIMITS 08/24/2006 EACH OCCURRENCE $ 1,000,000 1TR INSRF A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY G5514695 08/24/2005 DAMAGE TO RENTED PREMISES nnn,rence) $ 50,000 X -(Fa MED EXP (Any one person) $ 5,000 CLAIMS MADE [ X 1 OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO-LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AC11073058 07/30/2005 07/30/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 1 OCCUR I 1 CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ $ WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes, PROPRIETOR/PARTNER/EXECUTIVE describe COMPENSATION AND LIABILITY EXCLUDED? under PROVISIONS below WC STATU- OTH- TORY LIMITS FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIP Certificate to RE: *Except:10 pN OF OPERATIONS 1 LQCATIONS / V HICLES I EXC .US)ONS ADDED BY ENDORSEMENT I SPECIAL PR VISIONS Holder is named as additional Insured per attached endorsement ANF 160 09/03 with respects General Liability only. Paradise Creek Educational Park day notice of cancellation for non payment of premium CERTIFICATE HOLDER City of National City Attn: Ginny Orcutt 1243 National City Blvd. National City, CA 91950-4301 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THe EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL M XJ06XX MAIL °° 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT., BUT FAILURE TMA SUCH NOTICE SHIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND U ON T INSURER, ITS GENTS OR FfEPRESENTATIVES. / AUTHORIZED REPRBdSENT ACORD 25 (2001108) FAX: (619)472-5637 ©ACORD PORATION 1988 Tins ENDORSEMENT CHANGES }out s PLEASE IT � `. 5 L NNKET A UISUR ENDORSEMENT (EXCLUDWO RUID N11AL AND HAINTATICNAL) This endorsem rl modifies insurance provided under the following: COMMECIAL GENERAL LIMIT( COVERAGE PART ADINTIONAb. INURED - OWNERS, LESSEES OR CONTRACTORS (FORM b) CO 201011$11 SCHEDULE Nance of Person or Organisation: My person or organization the the marred insured is obligated by vbitas of a written contract or agreement to orchids insurance such as is afforded by Ibis poky, provided the Csmpaayt is netts fed in wetinawlitet 30 days of the - inception of ttr entract or sgrtierdeiior the inception O this popery, whichever is later. WHO IS AN INSURED (Section fl) is amended to idude as an insured the person or organisation shown in the Schedule. but arty with respect to Hasty arising out of "your wade for that Insured by or for you. The fogvwkng additional provisions apply to error enty that Is an Insured by the terms of this endorsement 1. Printery Warding If required by *titian contract or agreement Such insurance as is afforded by this policy shah be primary insurance. and any insurance or self -Insurance maintained by the above additional insumd(s) shall be excess of the Insurance afforded to the named insured and ohs* not contribute to s. 2 Witectfaingitite d required by written contrail or agreement We waive any right eel recovery we may have against an redly that Is an additional insured per the terms of Oils endorsement because of payments we make for irrury or damage erg out of `your work* done under a ccntAct with that person ar organization. 3. Neither the coverages pio^Aded by this Insurance policy nor the pnwleons of this endorsement shot appy to any claim arising out of the sc s negligence of any additional insured or any of their agents/employees. 4. Tit: endorsement does not apply to any work krvofdng or related to properties intended for permanent residential ar habitadonal occupancy. The wards "you' and your" refer to the Named insured shown in the "Yaw worm means work ar operations performed by you or on your behalf; and materials. parts ar equipment furnished In connection with such work or operations. ANF 190 (9/2003) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT wC s.V.I s ¢ se �as.wC�¢ w¢�¢ s.¢ sa.�¢^ax'M¢ aatCna. � aC. ¢%"1.> as ea� aft.• 9at.(37 s�s3 State of California County of SAWN ,2/e 4 On e./ei4 Z% leaf. e j before me Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared aRv/E.e 0.4.4 * M6t '— Name(s) of Signer(s) }ss» 1/4/ NdEL RAQUEL HERNANDEZr COMM. #1447738 NOTARY PUBLIC -CALIFORNIA n SAN DIEGO COUNTY n MY COMM. EXPIRES NOV.19, 2007 1 il ti Signer's Name: 6 ❑ Individual J� X Corporate Officer — Title(s): J£/a,1/ li ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact LI ❑ Trustee A n Guardian or Conservator A ❑ Other: D A l 0 1999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org 6tpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the Derson(9j whose ❑ame(9) is/are subscribed to the within instrument and acknowledged to me that he/stegtexecuted the same in his/hsr(d4eic, authorized ca acityies.)_ and that by his/I sl naturefpek on the instrument the person* or er the entity upon behalf of which the son(* acted, executed the instrument. WITNES�•.EIr d offic'= seal. RIGHT THUMBPRINT OF SIGNER OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: NON—�L5/�lIS/ON Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Top of thumb here Signer Is Representing: '//MFe/e2 , L'A/e. BA: M7C (d,$ Zuc TiiN Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 City of National City Department of Public Works 2100 Hoover Avenue, National City, CA 91950 (619) 336-4580 Fax: (619) 336-4594 \eptember 15, 2005 Javier Jimenez, President MJC Construction, Inc. 3015 Sylvia Street Bonita, CA 91902 Subject: Notice to Proceed - Paradise Creek Educational Park Project Specification No. 04-5 Dear Javier: Congratulations! The City of National City (Agency) has awarded your firm a contract in the amount of $1,008,900.00 for the Paradise Creek Educational Park Project. The contract documents were executed August 29, 2005. This Notice To Proceed authorizes your firm to perform work under the terms and conditions of the subject contract effective September 19, 2005, including you obtaining all required permits for this project. The time of performance under the terms of this contract is 120 working days beginning September 19, 2005 and ending March 17, 2006. The Department of Public Works, on behalf of the Agency, is looking forward to the commencement of this extremely important project and working with your firm to complete the project on time and to the satisfaction of all the stakeholders. Please call me should you have any questions at 619/336-4582. Sincerely, Sa cedo, P. E. Director of Public Works & Special Projects cc: Lin Wurbs, Assistant City Manager Ben Martinez, Executive Director, CDC alike Dalla, City Clerk Steve Kirkpatick, City Engineer Bill Yoeman, Acting Finance Director Leslie Deese, Community Services Director James Slade, Engineering Inspector Jeff Justus, Project Manager, Schmidt Design Group Gita Murthy, Environmental Consultant, RORE Deborah Ruddock, Grant Administrator, Coastal Conservancy Ted Godshalk, President, Paradise Educational Park, Inc. noticetoproceed /mla [ill Rnrvrinri Pont. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 16. 2005 12 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City awarding a contract to MJC Construction in the amount of $1,008,900, for the construction of the first phase of the Paradise Creek Educational Park Project, Specification 04-5 PREPARED BY DEPARTMENT Roberto Saucedo EXPLANATION Leslie Deese NI See attached explanation L Public Works Community Services EXT. 4580 4290 i Environmental Review X N/A MIS Approval Financial Statement The award is for $1,008,900. Approved By: The funds sources for the project are as follows: account 348-409-500-598-4113 ($552,824); 301-409-500-598-4113 ($25,000); and $500,000 from the new Coastal Conservancy Board grant. Account No. Finance Dior STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Bid Opening Information Sheet Resolution No. 020o..S —/ 72 3. Locator Map 4. Contractor's Background & History Summary A-200 (Rev. 7/03) Item Title: Resolution of the City Council of National City awarding a contract to MJC Construction in the amount of $1,008,900, for the construction of the first phase of the Paradise Creek Educational Park Project, Specification 04-5 Explanation: The construction of the Paradise Creek Educational Park has been a long awaited dream of the Paradise Creek Educational Park Inc. group lead by Mr. Ted Godshalk, the Coastal Conservancy Board and the City. In July 1999, the City Council approved an agreement with Schmidt Design Group for the preparation of an enhancement plan for this project, located along the Paradise Creek from 22nd Street to Hoover Avenue (see locator map). Funding for the contract was obtained from a $50,000 grant from the Coastal Conservancy Board, specially earmarked for this purpose. The plan was completed in June 2001, and in. December 2002, the Conservancy increased its grant award to the City by $660,000, for a total award of $710,000 for the preparation of the design and partial construction of the. project. The Schmidt Design group completed construction plans, specifications and cost estimates in April 2005. Their final estimate of the construction cost of the project, was $1,750,000. In early 2005, Community Services staff applied for a $500,000 grant increase to the Coastal Conservancy Board and for other grants for which this project qualified with the goal of obtaining the needed construction monies. The project was advertised for bids in May 2005. Two bids were received and subsequently rejected, as they contained errors that made the bid amounts invalid. However, encouraged by the prospect of receiving the Conservancy grant increase, staff re -bid the project in late June 2005. Since we were unsure of the ultimate funding available for the project, staff structured the re -bid such that a contract could be awarded commensurate with the results of our grant applications. On June 16, 2005 Community Services staff was notified that the Coastal Conservancy Board had approved the $500,000 grant increase, bringing the Conservancy's total grant for this project to $1,210,000. It should be noted that $157,176 of the Conservancy grant has been utilized to prepare the plans and specifications, leaving a net of $1,052,824 for construction purposes. On July 28, 2005, four re -bid proposals were opened with the lowest re -bid submitted by MJC Construction in the amount of $1,588,700.00. Consequently, staff met with Mr. Godshalk to prioritize the items of work commensurate with the funding available for construction. Based on this discussion and the need to start the work prior to the end of summer, staff is recommending that a contract be awarded to MJC Construction that includes the base bid (18 items of work) and three alternatives (A3 through A5, inclusively) deemed important to create a functional project (see table below), should no additional grant funding be available to immediately complete the project. The project as re -bid did not include the removal of lead contaminated soils to be stockpiled by the MJC Construction as part of their work. The cost to remove the stockpile is estimated to range between $100,000 and $150,000, depending on the ultimate volume to be disposed. Staff will return to Council at a future date for authorization to accomplish this removal work, which could be done as a change order to MJC Construction's proposed contract or bid out. Therefore, and due to the project's funding situation, staff is recommending the City Council to award a contract to MJC Construction in the amount of $1,008,900.00, with the understanding that the award is contingent on the receipt of the $500,000 grant monies form the Coastal Conservancy prior to commencement of work. The contract recommended for award includes the base bid work plus alternates A3 through A5, only. Currently, the funding situation can be summarized as follows: Revenues Coastal Conservancy Grants — 348-409-500-598-4113 Community Development Block Grant — 301-409-500-598-4113 Total $1,210,000 * 25,000 $1,235,000 * Includes the $500,000 recently awarded by the Coastal Conservancy Board Expenditures to date Coastal Conservancy Grants — 348-409-500-598-4113 ** For planning / design purposes $ 157,176 ** Available for Construction $1,077,824 Bid as submitted by JMC Construction Item Base Bid Additive Alternative Al Additive Alternative A2 Additive Alternative A3 Additive Alternative A4 Additive Alternative A5 Additive Alternative A6 Additive Alternative A7 Additive Alternative A8 Additive Alternative A9 Additive Alternative A10 Work Description Grading, Irrigation & Landscaping Amphitheater seating, permits, etc Decomposed Granite (DG) pathways Parking lot Learning lab Central boardwalk Boardwalk connections Deck node B & connection Deck node D & connection Boardwalk electrical system DG pathways electrical system Install lighting units Amount $ 618,900.00 140,000.00 85,000.00 75,000.00 175,000.00 140,000.00 59,000.00 101,200.00 30,000.00 42,000.00 122,600.00 TOTAL $1,588,700.00 ***Proposed contract selection items (total $1,008,900.00) *** Pending Council authorization to proceed with the contract, staff anticipates a construction start date of September 6, 2005 and completion in early February 2006. RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION, INC. IN THE AMOUNT OF $1,008,900, FOR THE CONSTRUCTION OF THE FIRST PHASE OF THE PARADISE CREEK EDUCATIONAL PARK PROJECT (Engineering Specification No. 04-5) WHEREAS, the Engineering Department did, in open session on July 28, 2005, publicly open, examine and declare all sealed bids for the construction of the first phase of the Paradise Creek Educational Park Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the first phase of the Paradise Creek Educational Park Project to the lowest responsive, responsible bidder, to wit: MJC CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract between MJC Construction, Inc. and the City of National City for the first phase of the Paradise Creek Educational Park Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 2 - BID OPENING INFORMATION SHEET Paradise Creek Educational Park - Re Bid July 28, 2005 at 3:00 PM ' Hefner Company MJC Const St Thomas Enterp Wier Const Corp Bid Items Amount Progressive Sum Amount Progressive Sum Amount Progressive Sum Amount Progressive Sum Base Bid $874,822.61 $874,822.61 $618,900,00 $618,000.00 $850,000.00 $850,000.00 $1,182,456.00 $1,182,456.00 Mobilization $40,000.00 $100,000.00 $75,000.00 $219,240.00 Traffic Control $6,746.19 $5,000.00 $5,000.00 $9,000.00 General Permits $25,000.00 $19,000.00 $25,000.00 $18,000.00 Temp Fencing $6,000.00 $6,000.00 $7,000.00 $7,200.00 Demo, Clear & Haul $257,914.00 $105,000.00 $120,000.00 $126,000.00 Earthwork $157,808.00 $90,000,00 $160,000.00 $84,000.00 In -situ testing $14,000.00 $24,1300.00 $5,000.00 $60,000.00 Electrical $15,640.00 $16,000.00 $25,000.00 $16,416.00 AC paving $22,220.00 $8,000.00 $13,000.00 $8,000,00 Concrete fiatwork $51,789.42 $40,100.00 $120,000.00 $100,800.00 Stabilized DG $31,280.00 $13,000.00 $115,000.00 $72,000.00 Amphitheater $58,280.00 $60,000,00 $52,000,00 $78,000.00 Site Furnishings $8,800.00- $5,800.00 $14,000.00 $2,400.00 Curb Ramps $2,500.00 $2,500.00 $12,000.00 $4,200.00 Fendng $28,000.00 $8,000.00 $14,000.00 $12,000.00 Irrigation $74,586.00 $60,000,00 $45,000.00 $192,000.00 Landscaping $68,259.00 $49,000.00 $38,000.00 $168,000,00 Landscaping Maint $8,000.00 $7,500,00 $5,000.00 $7,200,00 A3 $72,500.00 $947,322.61 $75,000.00 $693,900.00 $95,000.00 $946,000.00 $103,000.00 $1,286,468.00 $1,692,946.00 A4 $172,325.00 $1,119,647.61 $175,000.00 $888,900.00 6250,000.00 $1,195,000.00 $307,490.00 A5 $149,100.00 $1,268,747.61 $140,000.00 $1,008,900.00 $210,000.00 K406,000.00 $254,050.00 $1,846,996.00 A8 $62,280.00 81,331,027.61 $59,000.00 $1,067,900.00 $140,000.00 $1,646,000.00 $113,490.00 $1,960,488.00 A7 $93,680.00 $1,424,707.81 $101,200.00 $1,169,100.00 $155,000.00 $1,700,000.00 $176,637.00 $2,137,123.00 Total $1,424,707.61 $1,169,100.00 $1,700,000.00 $2,137,123.00 Note: Progressive Sum is with respect to priority of scope of project, ENTRAN,'S , SCHOOL YARD LUNAR CRESCO.< OVERHEAD STRUCTURE • - LOW PUNTING FULL MOON THEME, CONCRETE CONCRETE INSTRUCTIONAL/EVENTS ' -EmBAU_ LLEMENTRi7-9.0TOL . AREA, SEATING FOR 120 STUDENTS 20DIAMETER (314 SF) MIN. NODE WRH RAILING 10' WETLAND BUFFER/ FILTRATION AREA 6' WIDE RAISED BOARDWALK WITH RAIUNG BENCH 'CALIF. HORNED SNAIL" PLAY STRUCTURE AREA 10 FT. WIDE STABIUZED D.G. PATH PICNIC TABLES ON CONCRETE PADS TREES AND SHRUBS FOR SCREENING AND SHADE TURF AREA FOR FICNICING/SPORTS COSTING PERMANENT BOLLARDS , PROPOSED PROPERTY UNE • STABILIZE) D.G. CUTOUT WITH BENCH (TYPICAL) PARKING 6 SPCS. PARKING 7 SPCS. ,FS ELECTRONIC GATE WEST 18TH ST. BENCH IN PARKWAY W/TRASH CAN - 1w.-0 ..,P.TIVE AND DIRECTIONN-,SIGNGE : • COSTING LAB EXISTING NURSERY HOOVER AVE. txisrma ENTRY SIGNAGE EXISTING PUBUC ENTRANCE 6' WIDE STABIUZED D.G. PATH 13' WIDE RAISED BOARDWALK WITH RAILING MIN. 6' WIDE RAISED PATH :•"' WITH RAILING (TYPICAL) INTERSECTION AND OVERLOOK , 20' DIAMETER (314 SF) MIN. NODE WITH RAILING PROPOSED GRADES 6' WIDE STABIUZED D.G. PATH ON GRADE MOUND WITH NATIVE UPLAND VEGETATION 1ST AND LAST QUARTER MOON AMPHITHEATER MIN. 6` WIDE STABIL/ZED D.G. PATH ON GRADE OVERLOOK 12 WIDE STABIUZED D.C. "HAMMER HEAD" VEHICULAR TURN AROUND PROPOSED FENCE (AREA OF ENCROACHMENT APPROX. 1 ,1366 S.F.) EXISTING FENCE CONCRETE LUNAR THEME CUT OUT WITH OVERHEAD SHADE STRUCTURE BENCH AND SIGNAGE STABIUZED D.G. RAMP-8.3% WITH RAIUNC 6' RETAINING WALL NEW MOON THEME OVERLOOK V/ITH BENCHES At4D SIGNAGE EXISTING CONCRETE WITH ENHANCED DECORATIVE PAVING ATTACHMENT 3 LOCATOR MAP salaam' DES.Inlj GROUP NORTH SCALE 1A100-0" PARADISE CREEK EDUCATIONAL PARK CONCEPTUAL DEVELOPMENT PLAN FIGURE NO. I Baron S. Wade S19-586 -'7475 p.2 ATTACMENT 4 IV'IJG CoNsTRucTioN, INc. 301 5 SILVIA STREET, BONITA, CA 9 ] 902 TEL (619) 472.5619 FAX (619) 472-5367 August 4, 2005 BACKGROUND & HISTQRY MJC Construction, Inc. is a local South Bay area family owned and operated general contracting company with a long history of doing superior public works projects in San Diego County. We have a very broad range of experience constructing almost every type of public improvement found locally. Some of our completed projects include new public surface and underground improvements for block grant projects, median installations with specialty stamped concrete and • landscaping, private and public improvement grading, new and reconstructed storm drain and sewer installations, large private landscape projects with architectural retaining walls and concrete, and public parks with all the amenities. Our recently completed war memorial project is the highly acclaimed, Piazza Basilone, in Little Italy, San Diego is an example of the broad range of work produced by our staff of experienced and talented tradesmen. Work included specialty concrete flatwork and walls, stonework, fountain, landscaping, lighting, memorial wall and pedestal. MJC Construction continues as a very financially stable company that carefully selects projects to bid and construct that fit our talents and size. Throughout our history MJC Construction has been a family affair with long term, loyal tradesmen that guarantvcs consistency in project management and product quality. Public agencies often tell us that they appreciate our hands on, team approach that fosters an atmosphere of cooperation and common goals. Maintaining our reputation as a local company that always delivers is very important to us. RESOLUTION 2005 —179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO MJC CONSTRUCTION, INC. IN THE AMOUNT OF $1,008,900, FOR THE CONSTRUCTION OF THE FIRST PHASE OF THE PARADISE CREEK EDUCATIONAL PARK PROJECT (Engineering Specification No. 04-5) WHEREAS, the Engineering Department did, in open session on July 28, 2005, publicly open, examine and declare all sealed bids for the construction of the first phase of the Paradise Creek Educational Park Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the first phase of the Paradise Creek Educational Park Project to the lowest responsive, responsible bidder, to wit: MJC CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract between MJC Construction, Inc. and the City of National City for the first phase of the Paradise Creek Educational Park Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. Nick IKztza,ayor ATTEST: f M Da , City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 16, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California �rk of the City City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-179 of the City of National City, California, passed and adopted by the Council of said City on August 16, 2005. City Clerk of the City of National City, California By: Deputy \ City of National City Department of Public Works 2100 Hoover Avenue, National City, CA 91950 (619) 336-4580 Fax: (619) 336-4594 September 6, 2005 REIVEW AND APPROVAL OF CONTRACT DOCUMENTS FORM. PROJECT: PARADISE CREEK EDUCATIONAL PARK PROJECT SPECIFICATION NO.: 04-5 AWARDING RESO. 2005-179 CONTRACTOR: MJC CONSTRUCTION DATE: 08/16/05 TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Copies of Contract Agreement 2. 3 Copies of Performance Bond 3. 3 Copies of Payment Bond 4. 1 Copy of Certificate of Insurance If these documents are satisfactory, please forward them along with this form to the Mayor for his signature. COMMENTS: Completed (P< **************************************************************************************************** TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all the contract documents along with this form to the Office of the City Clerk. Completed ( ) TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 1 Original copy to the contractor 3. 1 Original copy to the Public Works Department ******************************************************************************************************************* Submitted by: Mary Lee Augustine Administrative Secretary ved by: Roberto Saucedo, P.E. Director of Public Works and Special Projects ® Recycled Paper PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 TABLE OF CONTENTS BIDDING AND CONTRACT DOCUMENTS Notice Inviting Bids 5 Instructions to Bidders 8 Proposal Forms Bidder's Proposal 16 Certificate Regarding Contractor's License 19 Bid Security Form - Check 22 Bid Security Form - Bond 23 Non -Collusion Affidavit 25 Contractor's Reference List 26 Designation of Subcontractors 27 Contractor's Certificate of Worker's Compensation Insurance 28 Non -collusion affidavit 29 Agreement and Bonds Contract 30 Performance Bond 36 Payment Bond 39 Guarantee Agreement 42 Contract Administration Emergency Notification List 44 Contractor's Certification of Completion 45 Contractor's Affidavit of Disposal 46 Consent of Surety for Final Payment 47 Contractor's Affidavit of Payment 48 Consent of Surety for Request of Adjustment of Retention 49 Drug -free Workplace Certification 50 GENERAL CONDITIONS Article 1. Definitions 00700-1 Article 2. Construction Manager's and Engineer's Status 00700-4 Article 3. Authority of Construction Manager, City Eng. and City Council 00700-5 Article 4. Award and Execution of the Contract 00700-5 Article 5. Assignment 00700-6 Article 6. Subcontracts 00700-6 Article 7. Contract Bonds 00700-7 Article 8. Drawings and Specifications 00700-8 Article 9. Copies of Drawings and Specificiations Furnished 00700-10 Article 10. Ownership of Drawings 00700-11 Article 11. Detail and Drawings and Instructions 00700-11 Article 12. Shop Drawings 00700-12 Article 13. Submittals 00700-13 Article 14. Documents on Work 00700-14 Article 14A Record ("As Built") Drawings 00700-14 2 Article 15. Work to be Done 00700-15 Article 16. Subsurface Data and Soils Investigations 00700-15 Article 17. Right -of -Way 00700-15 Article 18. Surveying 00700-16 Article 19. Layout and Field Engineering 00700-16 Article 20. Access to Work 00700-16 Article 21. Inspectors, Testing and Inspection 00700-16 Article 22. Notice of Service Thereof 00700-19 Article 23. Notice of Third Party Claims 00700-19 Article 24. Changes Requested by the Contractor 00700-19 Article 25. Changes and Extra Work 00700-20 Article 26. Materials and Workmanship 00700-24 Article 27. Substitution 00700-25 Article 28. Weighing and Testing Equipment 00700-27 Article 29. Main or Trunk Line Utilities 00700-27 Article 30. Construction Progress Schedule and Commencement of Work 00700-32 Article 31. Prosecution of Work 00700-33 Article 32. Suspension of Work 00700-33 Article 33. City's Right to Terminate Contract 00700-33 Article 34. Delays and Extension of Time 00700-36 Article 35. Time for Completion 00700-38 Article 36. Completion and Acceptance 00700-38 Article 37. Liquidated Damages 00700-40 Article 38. Use of Improvements During Construction 00700-40 Article 39. Guarantee 00700-40 Article 40. Contractor's Equipment and Facilities 00700-41 Article 41. Labor 00700-41 Article 42. Labor of Compliance Program 00700-41 Article 43. Prevailing Rates of Wages 00700-42 Article 44. Payroll Records 00700-42 Article 45. Employment of Apprentices 00700-43 Article 46. Hours of Work 00700-43 Article 47. Debarment of Contractors and Subcontractors 00700-44 Article 48. Non -Discrimination 00700-44 Article 49. Worker's Compensation Insurance 00700-44 Article 50. Employer's Liability Insurance 00700-45 Article 51. Commercial General Liability and Property Damage Insurance 00700-45 Article 52. Automobile Liability Insurance 00700-46 Article 53. Insurance Limits 00700-46 Article 54. Builder's Risk [Fire; "All Risk"] 00700-47 Article 55. Proof of Carriage of Insurance 00700-47 Article 56. Indemnification 00700-49 Article 57. Personal Liability 00700-51 Article 58. Permits and Licenses 00700-51 Article 59 Inspection Fees and Charges for Utilities 00700-51 Article 60. The Contractor's Representative 00700-51 Article 61. Separate Contracts 00700-52 Article 62. Clean up and Dust Control 00700-52 Article 63. Air Pollution Control 00700-54 Article 64. Vermin Control 00700-54 Article 65. Sanitary Facilities 00700-54 Article 66. Utility Usage 00700-54 Article 67. Compliance with State Stormwater Permit for Construction 00700-55 Article 68. Sound Control Requirements 00700-55 Article 69. Protection of Work and Property 00700-56 3 Article 70. Traffic and Access 00700-57 Article 71. Storage of Equipment and Materials in Public Streets 00700-59 Article 72. Street Closures, Detours and Barricades 00700-59 Article 73. Safety 00700-60 Article 74. Trenches 00700-61 Article 75. Regional Notification Center - Excavations 00700-62 Article 76. Removal of Hazardous Materials 00700-62 Article 77. Explosives 00700-63 Article 78. Special Hazardous Substances and Processes 00700-63 Article 79. Confined Spaces 00700-63 Article 80. Patents, Royalties, and Indemnities 00700-64 Article 81. Advertising 00700-64 Article 82. Laws and Regulations 00700-64 Article 83. Integration 00700-64 Article 84. Change in Name and Nataure of Contractor's Legal Entity 00700-65 Article 85. Prohibited Interests 00700-65 Article 86. Compliance with DTSC Guidelines - Imported Soils 00700-65 Article 87. Drug -free Workplace, No Asbestos Certification 00700-65 Article 88. Assignment of Antitrust Actions 00700-66 Article 89. Notice of Taxable Possessory Interest 00700-66 Article 90. Excise Taxes 00700-66 Article 91. Cutting and Patching 00700-67 Article 92. Construction Manager's Field Office 00700-67 Article 93. Dedication of Contract Price for Uncorrected Work 00700-67 Article 94. Cost Breakdown and Periodic Estimates 00700-67 Article 95. Payments 00700-68 Article 96. Payments Withheld 00700-69 Article 97. Correction of Work Before Final Payment 00700-70 Article 98. Payments By Contractor 00700-70 Article 99. Substitution of Security 00700-71 Article 100. Disputes 00700-71 NOTICE INVITING BIDS The City Council of the City of National City invites sealed bids for performing the Paradise Creek Educational Park, Specification No. 04-5. The project includes site preparation and construction including but not limited to: Clearing and grubbing; grading and earthwork; soil testing; removal, stockpiling, and/or disposal of contaminated soils; landscaping including hardscape, planting and landscape irrigation; associated electrical work; boardwalk and wetland creation. The BASE BID work shall be completed in every detail to the satisfaction of the City within ONE HUNDRED AND TWENTY (120) WORKING DAYS after the date of the NOTICE TO PROCEED. The Additive Alternate's work shall be completed in every detail to the satisfaction of the City within the time indicated after each NOTICE TO PROCEED and after the work of the BASE BID has been completed, as follows for each one: Additive Alternate 1 Thirty (30) working days Additive Alternate 2 Thirty (30) working days Additive Alternate 3 Twenty (20) working days Additive Alternate 4 Seventy five (75) working days Additive Alternate 5 Sixty (60) working days Additive Alternate 6 Thirty (30) working days Additive Alternate 7 Forty Five (45) working days Additive Alternate 8 Twenty (20) working days Additive Alternate 9 Twenty (20) working days Additive Alternate 10 Forty (40) working days All sealed bid proposals must be received by the Office of the City Clerk located in City Hall, 1243 National City Boulevard, National City, California, 91950, prior to the bid closing time of 3:00 p.m., Thursday July 28, 2005. Bids will be publicly opened and read aloud in the 2nd floor, large conference room, in the City Hall immediately following the bid closing time. In accordance with the California Labor Code, the Contractor, and all subcontractors, must pay not less than prevailing wage rates as determined by the Director of Industrial Relations, for all work done under this contract. A copy of the current prevailing wage rate determination is available for inspection in the Office of the City Engineer. The Contract Documents maybe inspected in the office of the Public Works Director, located at 2100 Hoover Avenue, National City, California, 91950, Telephone Number (619) 336- 4580, Fax Number (619) 336-4594. Copies may be obtained at the Finance Department, located at 1243 National City Boulevard, National City, upon payment of a fee of $100 for each set. In addition, contractor may obtain bid documents on-line from Advance Reprographics, 2102 Hancock Street, San Diego, CA 92110, (619) 297-7734, www.advance- repro.com. 5 A pre -bid meeting has been scheduled for Thursday July 14, 2005, at 10:00 a.m. to review the Project's existing conditions. The pre -bid meeting will take place at the Large Conference Room. Representatives of the City, Construction Manager, Architect and consulting engineers will be present to answer any questions bidders have regarding this Project. A walk-through of the project site will also be conducted as part of the pre -bid meeting. Contractors that purchased the entire set or portions of the plans and specifications for the original bid will be provided with a complimentary set of the revised documents and can be obtained at the office of the Director of Public Works, 2100 Hoover Avenue, National City, California, phone number (619) 336-4580. All other interested contractors shall obtain the bid documents as described above. Each bid shall be accompanied by the security referred to in the Contract Documents, the non - collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders. The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety company that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is authorized by the State of California, and all documents required by Code of Civil Procedure Section 995.660, to the extent required by law. In addition, the successful bidder shall be required to obtain a Performance Bond from all subcontractors providing goods and services in excess of $100,000.00. All prime contractors bidding on this Project shall specify this requirement regarding subcontractor bonds, in their written or published request for subcontractor bids. Such written or published requests shall clearly designate the party that will bear the cost of the bonds. Vendors' only supplying materials shall not be required to provide bonds. All subcontractor bonds are to be secured from a surety company that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is authorized by the State of California. Pursuant to the provisions of Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract. At the request and expense of the successful bidder, securities equivalent to any amount withheld shall be deposited at the discretion of City, with either City or a state or federally chartered bank, as the escrow agent, who shall then pay any funds otherwise subject to retention to the successful bidder. Upon satisfactory completion of the Contract, the securities shall be returned to the successful bidder. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding. The City has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at the office of the City Engineer. 6 In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. It shall be mandatory upon the bidder to whom the Contract is awarded, and upon any subcontractor under him, to comply with all Labor Code provisions, which include, but are not limited to the payment of not less than the said specified rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the appropriate classification(s) of contractor's license(s), for the work bid upon, and shall maintain the license throughout the duration of the Contract. The Engineer's cost estimate for the BASE BID is $437,140 for this project. The Engineer's cost estimate for Added Alternate Number 1 is $71,960, for Added Alternate Number 2 is $65,845, for Added Alternate Number 3 is $47,775, for Added Alternate Number 4 is $184,800, for Added Alternate Number 5 is $154,190, for Added Alternate Number 6 is $67,570, for Added Alternate Number 7 is $106,050, for Added Alternate Number 8 is $11,550, for. Added Alternate Number 9 is $15,750, and for Added Alternate Number 10 is $91,350. The Engineer's cost estimate for the Base bid and the Added Alternates is $1,253,980. All additive alternates shall be considered valid for inclusion in the project for 90 calendar days following award of contract. The award of the Contract, if made, will be based on the aggregate total of BASE BID (items 1-18) and Additive Alternates A3, A4, A5, A6, and A7. Other Additive Alternate items will be awarded based upon available funding. BY ORDER OF THE DIRECTOR OF PUBLIC WORKS, THE CITY OF NATIONAL CITY. Date Roberto Saucedo, Director of Public Works 7 PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 INSTRUCTIONS TO BIDDERS 1. Examination of Site and Contract Documents. The bidder is required to carefully examine the site of work, proposal forms, plans, specifications, and General Conditions for the work contemplated. The submission of a proposal shall be considered conclusive evidence 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 all the contract documents. 2. Securing Documents. Plans, Specifications, and other contract document forms will be available, and copies may be secured by prospective bidders, at the Finance Department of the City of National City at 1243 National City Boulevard, National City, California, 91950, upon payment of $100 for each complete set. An additional non-refundable fee of $25 will be required for mailing each complete set. In addition, contractor may obtain bid documents on- line from Advance Reprographics, 2101 Hancock Street, San Diego, California, 92110, (619) 297-7734, www.advance-repro.com. 3. Addenda. Any addenda issued during the time of bidding, forming a part of the documents, shall be covered in the proposal and shall be made a part of the contract. 4. Contractor's License. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of Chapter 9, Division III of Business and Professions Code of the State of California. 5. Bid Proposals. In order to receive consideration, bid proposals shall be made in accordance with the following instructions: a. Bids shall be made only upon the bidding documents being attached to, and forming a part of the Specifications. Bid forms shall be properly executed and with all items completely filled out. Numbers shall be stated both in writing and in figures. The signature of all persons signing the bid proposal shall be in longhand by an individual clearly authorized to bind the Bidder. b. All prices and notations shall be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto, and must be initialed in ink by the person or persons signing the bid. c. Bids shall be accompanied by cash, a certified check or a cashier's check, or an approved corporate surety bond, in an amount equal to at least ten percent (10%) of the amount bid, made payable to the order of the City of National City. Said cash, check, or bond shall be given as a guarantee that the bidder will enter a contract if awarded the work, and in case of refusal or failure to enter into said contract within ten (10) working days after being requested to do so by the City, the check or cash or bond, as the case may be, shall be forfeited to said City. A bid received and not accompanied by such cash, certified check, cashiers check, or approved bond, will result in return of the 8 bid without consideration. If the proposal is not accepted within 60 calendar days after the time set for opening of bids, or if the successful bidder executes and delivers the required agreement and bonds, the bid security will be refunded. d. Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered, unless called for. No oral or telegraphic modifications will be considered. e. Bid proposals shall be delivered to the Office of the City Clerk located in the City of National City Civic Center on or before the day and hour set for the opening of bids in the Notice Inviting Bids. The bid shall be enclosed in a sealed envelope bearing the title of the project, the name of the bidder, the date/hour of the opening, and the appropriate State Contractors license designation(s), which the contractor holds. It is the sole responsibility of the bidder to see that their bid is received at the proper time. Any bids received after the scheduled closing time for receipt of bids shall be returned unopened to the bidder. 6. Withdrawal of Bid. Any proposal may be withdrawn prior to the hour and date set forth in the Notice Inviting Bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such proposal, is filed with the City Clerk. The withdrawal of a proposal shall not prejudice the right of a bidder to file a new proposal. 7. Opening of Bids. Bids will be opened and publicly read aloud at the time and place scheduled in the Notice Inviting Bids. 8. Rejection of Bids. Bids may be rejected if they show any alternations of form, additions not called for, conditional or alternative bids not called for, incomplete proposals, erasures, or irregularities of any kinds; however, the City reserves the right to reject any and all proposals and to waive any bid irregularities. 9. Withdrawal of Bids After Opening. No bidder may withdraw his/her bid within 60 calendar days after the actual date of the opening thereof. 10. Bid Errors. Bidders will not be released from bid on account of errors of judgment. Bidder may be released upon receipt by the City from the bidder, within five (5) calendar days after the opening of bids, a written notice which includes proof of honest, credible, clerical error of material nature, free from fraud or fraudulent intent, and of evidence that reasonable care was observed in the preparation of the bid. 11. Bid Results. To obtain bid results, either attend the bid opening or provide a self- addressed, and stamped envelope, referencing the specification number. A bid tabulation will be mailed to you upon verification of extensions. Due to time constraints, bid results cannot be provided over the telephone. 12. Disqualification of Bidders. Bid proposals may be rejected for, but not limited to, the following reasons: 9 a. More than one proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. b. If there is a reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in awarding of the contract. c. Proposals in which the prices obviously are unbalanced may be rejected. d. If the experience or financial background of a bidder is inadequate or past performance has been unsatisfactory, the proposal may be rejected. 13. Return of Proposal Guarantees. Within 10 days after the award of the contract, the City Clerk will return all the proposal guarantees accompanying the proposals that are not to be further considered in making the award. All other proposal guarantees will be held until the contract has been executed, after which all proposal guarantees, except those forfeited, will be returned to the respective bidders. 14. Acceptance or Rejection of Bids. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids not called for, incomplete proposals, erasures, or irregularities of any kinds. The City reserves the right to accept or reject any or all bid proposals, or to waive any irregularities in the bids or in the bidding process; or to make an award on the base bid or on the basis of any combination of bid schedules to alternates listed in the proposal which, in its opinion, serves the best interest of the City. 15. Construction Permit and Business License. a. After execution of the Contract and prior to beginning work, the Contractor shall obtain a construction permit with the City. The no cost permit can be obtained at the City of National City Engineering Department -Permit Division from 7:30 am to 5:30 pm Monday through Thursday, and every other Friday from 7:30 am to 5:30 pm. b. The permitted 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(s) and appropriate classification(s). 5. A copy of Notice of Contract Award. 16. Contract Documents. The Contract that the successful bidder, as Contractor, shall be required to execute and furnish is included in the specification documents and should be carefully examined. The Contract shall be executed in three (3) original counterparts. The Notice Inviting Bids, Instructions to Bidders, Bidder's Proposal Forms, Contract, Plans, Specifications, General Conditions, Regional Standard Drawings, Addenda (if any), Bid Bond, 10 Non -Collusion Affidavit, Designation of Subcontractors/Reference List, Bond Forms (Payment, Performance and Guarantee), and Emergency Notification List shall constitute the Contract. Said documents are complementary and intended to require a complete and finished project. Anything shown or required of the bidder, in any one or more of said documents, shall be as binding as if contained in all of said documents. The bidder will not be allowed to take advantage of any error, discrepancy or omission in any document, but shall promptly report to the Public Works Director in writing any such matter discovered. The Public Works Director will then decide what corrective action is needed and his decisions shall be final. 17. Bonds. The successful bidder, 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 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. 18. 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 one-half of one percent of the Prime Contractor's total bid. b. 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 Contractor in his/her bid. 19. Debarment of Contractors and Subcontractors. In accordance with the provisions of the California Labor Code, Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform to work on a public pursuant to Section1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works. project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contract on the Project shall be returned to the City. The successful bidder, as Contractor, shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. 11 20. References, Experience, and Financial Responsibility: All bidders shall submit a list of references from five (5) similar projects on which the bidder has performed work within the last three (3) years. All bidders may be required to furnish a sworn statement of their financial responsibility, technical ability, equipment, and experience before award is made to any particular bidder. 21. 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, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The shoring and bracing plan shall be signed by a qualified Registered Engineer. In 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 Contractor shall comply with the State of California Construction Safety Orders (CAL/OSHA) for securing safety in places of employment. 22. Storm Water Permit for Construction Activity. It shall be the responsibility of the successful bidder to file a Notice of Intent and procure a State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (Permit). The successful bidder shall be solely responsible for implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work. The successful bidder shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by Permit. It shall be the responsibility of all bidders to evaluate and include in the bid the cost of procuring the Permit and complying with the SWPPP and any necessary revisions to the SWPPP. The successful bidder shall also include in his/her bid, the cost of monitoring as required by the Permit. 23. Civil Rights. The City hereby notifies all bidders that 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 the grounds of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or sexual orientation, in consideration for an award. 24. American with Disabilities Act. The contractor acknowledges 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. 12 25. Certified Payroll. The Contractor will 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 the General Conditions. 26. Notary Public. All signatures on the bid form, bid bond, Non -collusion Affidavit, the Contract and both required surety bond forms shall be notarized on each document. 27. Insurance. Contractor's attention is directed to the requirements concerning liability insurance as specified in the General Conditions. The liability insurance carrier shall meet the following criteria: a. Listing by the State Insurance Commission as a company authorized to transact the business of insurance in the State of California (i.e. listed in the California Department of Insurance Official Publication titled "Insurance Organizations Authorized by the Insurance Commissioner to Transact Business of Insurance in the State of California".) b. A Best's Rating of "A", Class V, or better. c. Where a company is not included in Best's, it must show by convincing evidence that its .financial responsibility is equal or better than the rating set forth above. d. Insurers providing surplus lines in California (designated as "S" insurers in A.M. Best, Key Rating Guide) are not acceptable. e. Insurance Certificates shall not include "Modified Occurrence" restrictions. Any renewal certificates required during the course of the Contract must be renewed and received by the City within 15 days prior to expiration and must meet the same criteria. No substitutions shall be allowed. f. The City of National City, its officers, employees, and agents shall be named as an additional insured. g. Cancellation clause shall state that the City shall be notified in writing with a 30- day notice by certified mail. 28. Business License. Contractor, subcontractor, and suppliers who do not have a 'current City of National City Business License shall obtain the appropriate license from the City Business License Inspector before a contract can be executed. A City of National City Business License is not required from any supplier who delivers material and/or equipment with the Contractor's or subcontractor's vehicle or with a common carrier. Contact the City Business License Inspector at (619) 336-4264 for further information regarding the license fees, application, etc. 29. Registered Apprentices. Contractor shall be required to employ Registered Apprentices in accordance with Sections 1777.5 and 1777.6 of the State of California Labor Code. 13 30. Retention. From each progress estimate, ten percent (10%) will be deducted and retained by the City, and the remainder, less the amount of all previous payment, will be paid to the Contractor. The ten percent (10%) retention shall apply to all work done. Pursuant to Section 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with an escrow agent as a substitute for retention earnings required to be withheld by this contract. Written consent of the surety to each escrow agreement is required. 31. Interpretation of Drawings and Specifications. During the bidding process, questions relating to the interpretation of the contract plans, specifications, or the construction, such as materials, equipment, construction methods, etc., should be submitted in writing to the office of the Public Works Director at 2100 Hoover Ave., National City, California, 91950, Fax No. (619) 336-4594. Oral response to any questions concerning the content of the plans and specifications is not allowed and it is not part of the contract. The written request must be received at lease five (5) calendar days prior to the date fixed for opening of bids. Interpretations or corrections will be made only by Addenda to the specifications or by dated revisions of the drawings. 32. Substitutions. a. For purposes of this provision the term "substitution" shall mean the substitution of any material, process or article that is substantially equal or better in every respect to that so indicated or specified in the specifications. b. Whenever in specifications any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by words "or equal." Bidders may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, the City has adopted certain uniform standards for certain materials, processes and articles. If any material, process or article offered for substitution by bidders is not, in the opinion of the Architect and the City, substantially equal or better in every respect to that specified, bidders shall furnish the material, process or article specified. The burden of proof as to the equality of any material, process or article shall rest with the bidders. 33. Pre -bid Meeting. A mandatory pre -bid meeting has been scheduled for 10:00 a.m. on Thursday May 19, 2005 to review the Project's existing conditions. The pre -bid meeting will take place at the Council Chambers, 1243 National City Boulevard, National City, California, 91950. Representatives of the City, the Construction Manager, the Architect and consulting engineers will be present to address any questions bidders may have regarding this Project. 14 34. No Telephone Availability. Bidders are advised that on bid date telephones WILL NOT be available at the City offices for use by bidders or their representatives. 35. Execution of Documents. a. The Following Documents Shall be Completed and Signed, as Required, Prior to Bid Opening Bidder's Proposal Bid Bond (or Security) Non -Collusion Affidavit Certificate Regarding Contractor's License Designation of Subcontractors Contractor's Reference List Contractor's Certificate of Worker's Compensation Insurance b. The Following Documents Shall be Completed and Signed After Approval of Award of Contract and Prior to Notice to Proceed Contract Performance and Payment Bonds Emergency Notification List Liability and Worker's Compensation Insurance (Refer to Section 7-3 of the General Conditions) c. The Following Documents Shall be Completed, Signed and Submitted During Construction Weekly Certified Payroll Statements Consent Of Surety for Request of Adjustment of Retention Other specific documents required in this project d. The Following Documents Shall Be Submitted at the Completion of the Project Guarantee Agreement Contractor's Certification of Completion Record Drawings (As-Builts) Contractor's Affidavit of Payment Consent Of Surety for Final Payment Contractor's Affidavit of Disposal Other specific documents required in this project 15 BIDDER'S PROPOSAL PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 To the Honorable Mayor and Council of the City of National City: The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the Paradise Creek Educational Park, Specification No. 04-5, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the plans and specifications now on file with the Public Works Director at the prices shown on this proposal. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications and the local conditions at the place the work is to be done, and also understands that all labor and materials to be furnished shall be for the price of the proposal, including sales tax upon any materials so furnished. The undersigned has also carefully checked all of the figures given and understands that neither the City of National City, nor any officer thereof, will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. Receipt is hereby acknowledged of Addenda No.(s) A/01 g- The undersigned has examined the schedule of prevailing wage rates for the types of work to be done on this project and agrees to pay not less than these rates. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: 1. Name under which business is conducted: 2. Signature (Given and Surname) of proprietor: 3. Complete Business Address: 4. Telephone Number: MJ0 Cen9"i'✓Ltc l 14 16 BIDDER'S PROPOSAL (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 IF A PARTNERSHIP, SIGN HERE: 1. Name under which business is conducted: 2. Name of each member of partnership (indicate character of each partner, general or special limited): Signature (Given and surname and character of partner. Note: Signature must be made by general partner) 3. Complete Business Address 4. Telephone Number IF A CORPORATION, SIGN HERE: 1. Name under which business is conducted: 2. Name and title of two officials authorized to sign for the corporation: Signatures of each of the two officials authorized to sign for the corporation: 3. Incorporated under the laws of the State of: 4. Complete Business Address 5. Telephone Number MSG C.c s4-notm r vi ►'z atMFez, us Asrr tn4A CZ -ti�r� 36t S cfa t 4) `i 5(0 t �1 17 BIDDER'S PROPOSAL (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 To the Honorable Mayor and City Council of the City of National City I/We agree to construct the PARADISE CREEK EDUCATIONAL PARK, Specification No. 04-5, for the prices listed on these proposal sheets: Total Base Bid Written: lk(e/Rj9O° 5(x Nv/VORED 5f ' -17-tvmit)6 A)1i" f�l/Uazeo Dollars, and Z£'e-o Cents [LIST ALTERNATES] In case of a discrepancy between words and figures, the words shall prevail. In the event of a variation between the unit price and extended total, the unit priceand the corrected extension will be considered as the amount bid. 18 CERTIFICATE REGARDING CONTRACTOR'S LICENSE PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 1. Contractor is required to possess one of the following State Contractor's Licenses: Class A General Engineering Contractor's License Class B General Building Contractor's License The Contractor's license must also have a Hazardous Substance Removal Certification as stipulated in Section 7058.7 of the Business and Professional Code. 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 non -responsive 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 which: a. Bears license number '15 4 j .2,. S ; and b. Expires on: 0004 15 nature Date Title This required license determination has been made by the City. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the Public Works Director 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. 19 BIDDER'S PROPOSAL (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 To the Honorable Mayor and City Council of the City of National City I/We agree to construct the Paradise Creek Educational Park, Specification No. 04-5, for the prices listed on these proposal sheets. Item No. Quantity UNIT UNIT DESCRIPTION UNIT PRICE TOTAL AMOUNT 1. 1 Lump Mobilization (including bonding) $ Ka) Od6_ $/eo�0, 2. 1 Lump Traffic Control $ .5iod0-- $ / �� coo _ 3. 1 Lump General Permit, SWPPP-BMP implementation and maintenance $ . /lJ/ WO-- $ iqJ ;MO - 4. 1 Lump Temporary fencing $ 6 NO- $ Woo-- $ fG s-0C0 — $• Q®yQOQ — $ a y/ Doi 5. 1 Lump Demolition, including Clear & Grub, Hauling $ f�� 800 - 6. 1 Lump Earthwork, Site grading for stockpiling, and finish grading $ 941040— 7. 40 Per Test In -situ Testing of Contaminated Soils per approved work plan by Geocon $• &D0 _ 8. 1 Lump Electrical work to include SDG&E service connection and power to irrigation controller and learning lab, including installation of conduit, wiring, breakers, receptacles, etc. to provide a complete working system. $• , OW�� / $ / OW — 9. 1 Lump Asphalt paving including all paving and base preparation $ g/COO ' $ 'g/Mp--- 10. 1 Lump Concrete Flatwork including all paving and base preparation, integral color, tool joints $ £6/ /d6 — $ tie f lee — 11. 1 Lump Stabilized Decomposed Granite Paving including base preparation and metal edge, concrete curb $ O/D00-" $ 13,UOo-- 12. 1 Lump Amphitheater seating $ fa 0� 066 - $ 60/ OW �-' 13. 2 Each Site Furnishings: trash receptacles by Dumor or equal $ fq d er. $ , 006- 14. 1 Lump Curb Ramp at Disabled Access 15. 1 Lump Fencing $ g $ g 600 -- 16. 1 Lump Irrigation including controllers, meter, piping and heads $�6 _ $ qq 060' $ is ciao- $ Zig— / bO 17. 1 Lump Landscape including soil preparation and fine grading, hydroseeding, soil amendments, mulch, etc. 18. 1 Lump Landscape 90-Calender Day Maintenance Period $ 7iS OO r $ --(`` SW — Project Total (Items 1 through 18 inclusive) (/999,00 - $6/gi 4tro Total Bid Written: glx ftzovmeo. 6/61#rEEN 7ftiegAiu ,UiiE HvND,2Q Dollars, and zee.a Cents ADDITIVE ALTERNATES Item No. Quantity UNIT UNIT DESCRIPTION UNIT PRICE TOTAL AMOUNT Al. 1 Lump Additive alternate 1: DG pathway and associated improvements, including demolition, grading improvements, concrete ramp and hand rail, DG path, concrete curb, station points, concrete nodes, benches, trash receptacles, metal edge, chain link fence, curb inscriptions, irrigation, and planting $ . f 7o 0X — 7 $ . (4{® Dom,, / A2. 1 Lump Additive alternate 2: Parking lot, including demolition, concrete sidewalk, asphalt paving, van accessible parking stall with pavement symbol striping and signage, concrete curb and gutter, and cast iron tree grates $ . Ss - $ . g 62o66- A3. 1 Lump Additive alternate 3: Learning lab area overhead shade structure including footings and final structural drawings $ . 7ciOW $ . 75/0W' A4. 1 Lump Additive alternate 4: Central boardwalk including raised boardwalk and decking, concrete footing at deck transition, deck node A, deck node C $ . / ? �Q / $ . (7�! A5. 1 Lump Additive alternate 5: Boardwalk connection including raised boardwalk and decking, decomposed granite pathway with stabilizer at deck transition, station points in boardwalk, thickened concrete edge/deck transition, concrete footing at deck transition $ . pp/ /20— $ . / q4 � — A6. 1 Lump Additive alternate 6: Deck Node B and boardwalk connection, including raised boardwalk and decking, and decknodeB $ . 5-9,t6— $ . %(Y/ ae0 — $ S466O' $ . /Q /1 b6- A7. 1 Lump Additive alternate 7: Deck Node D and boardwalk connection, including raised boardwalk and decking, and deck node D A8. 1 Lump Additive alternate 8: Provide and install electrical along boardwalk including providing empty conduits and junction boxes at all fixture 'A' locations along boardwalk for future lighting installation. $ /�� $ . _ A9. 1 Lump Additive alternate 9: Provide and install electrical along DG path including providing empty conduits and pull - boxes at all fixture 'A' locations for future lighting installation. $ . TZ cp,,az— $ . `r27�— A10. 1 Lump Additive alternate 10: Provide and install Fixture 'A' lighting including lighting and wiring. $ (20/ 606- $ . (22y6(0— The award of Contract, if made, will be based on the aggregate total of BASE BID (items 1- 18) and Additive Alternates A3, A4, and A5, A6, and A7. Other Additive Alternate items will be awarded based upon available funding All additive alternates shall be considered valid for inclusion in the project for 90 calendar days following award of contract. BID SECURITY FORM - CHECK PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashiers Check payable to the order of the City of National City, hereinafter referred to as "City", for dollars ($ ), this amount being 10 percent of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occur: A. If said Bid shall be rejected by the City, or, in the alternate B. If said Bid shall be accepted by the City and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid; otherwise, said check shall become the property of the City. Said check shall also become the property of the City if the Undersigned shall withdraw his/her bid within the period of 60 calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder. Signature of Bidder Title Date 22 NON -COLLUSION AFFIDAVIT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 To the City of National City, Department of Public Works: The undersigned, in submitting a bid for performing the following work by Contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any Subcontractor or Material man through and bid depository, the bylaws, rules and regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or Material man, which is not processed through said bid depository, or which prevent any Subcontractor or Material man from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in connection with this Contract. 15 rci8, c --.- Business Address Signature of Biddef 30►5 6'1--v►cA. Place of Residence Subscribed and sworn to before me this day of , 200_. Notary Public in and for the County of State of (NOTE: AFFIDAVIT MUST BE ATTACHED TO BIDDER'S PROPOSAL) 25 CONTRACTOR'S REFERENCE LIST PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 Attach to this bid a list of five (5) projects on which the bidder has performed a similar type and complexity of work in the past three (3) years. 1. Project Name: l-eb 11)6 'd t11os • Contract Price: 330) 060 Date of Completion: 9-/'05 Name, Address, and Telephone Number of Owner's Representative: 5 ss5 of dPrr' 2. Project Name: 0rA tsictsuce Contract Price: 3?S , 000 — Date of Completion: -,a6 Name, Address, and Telephone Number of Owner's Representative: /ob ! Pfb 'TL7zaU Ce42.11-6 t /SWAc.N 3. Project Name: - - Contract Price: 16 0 i Dap ---- Date of Completion: S - ZOOS Nam.��e,,, Address, and Telephone Number of Owner's Representative: 2( LF" 'fit -vim C�o�Gt 4. Project Name: Contract Price: Date of Completion: Name, Address, and Telephone Number of Owner's Representative: 5. Project Name: Contract Price: Date of Completion: Name, Address, and Telephone Number of Owner's Representative: Signed this 2 Q day of .3D L`1' , 200 a Bidder's Name: 3t1E-P--- th-tC-a�tEZ Signature of Bidder 26 DESIGNATION OF SUBCONTRACTORS PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 Bidder has set forth below 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 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 Contractor, specially fabricates and installs 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 Contractor's total bid. The Bidder 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 DESCRIPTION OF NO. WORK 16, I ,/9 s,#-r P ' l _#3 'Ci1ucrvne e1.&-Ld 4 PERCENT OF TOTAL CONTRACT 2 to 2 7o TOTAL % WORK SUBCONTRACTED SUBCONTRACTOR ADDRESS AND TELEPHONE NUMBER 4/72- 0172 11'2(0 �7 163 1 41/6617A- 3sd fOm3- 1 sb/-a7 17564. V1 ) L 7r - 5N-AEa� ' (Legal Name of Bidder) By: Title: 1I4 1.D�T1T- 27 CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 I 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. -G GO --'7V tJ C-T1 / / t Sl I`tiE"t' ' (Legal Name of Bidder) J By: ---\ Title: (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate shall be signed and filed with the awarding body prior to performing any work under this contract.) 28 NON -COLLUSION AFFIDAVIT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 (To be executed by Bidder and submitted with bid) State of California ) ) ss. County of •5f -> t' tr. &-D ) I, 1'Pvv t , being first duly sworn, deposes and says that he is s( r of r-tTG c.v-N- a.utx,i.t the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her 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 to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 22`2, day of SU L`-( , 200 5 at '$a-t.3 rr California. Signature of Bidder \ Cam° °� PrintNameName and Title op, u t 2 W t h-� tr -z l' 2.-s i tit r Subscribed and sworn to before me this _ day of Notary Public In and for said County and State , 200 29 CONTRACT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 THIS CONTRACT, made and entered into this by and between the City of National City, California, herein after designated as the "City", and , hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of Dollars ($ ). 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 30 CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and General Conditions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Construction Manager, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, the City's representatives, the Construction Manager, the Architect, the Consultants and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, the City's Representative, the Construction Manager, the Architect, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers harmless there from. 31 CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 3) In the event the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, the City's Representative, the Construction Manager, the Architect, officers, employees, agents and authorized volunteers any and all costs and expenses incurred by the City, the City's Representative, the Construction Manager, the Architect, the Consultants and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then pertaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 32 CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 8. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 9. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: Title: By: Title: Federal ID. No. CITY: By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) 33 CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; 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. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; 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. Corporate Seal: 34 CONTRACT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 200_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) Known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 35 PERFORMANCE BOND PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. passed the , 200_ has awarded to hereinafter designated as the "Principal", the PARADISE CREEK EDUCATIONAL PARK, Specification No. 04-5 WHEREAS, said Principal is required under the terms of said contract to furnish a 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 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 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 there under 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. 36 PERFORMANCE BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 day of , 200_. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 37 PERFORMANCE BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 200_, 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: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 38 PAYMENT BOND PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. passed the , 200_ has awarded to hereinafter designated as the "Principal", the PARADISE CREEK EDUCATIONAL PARK, Specification No. 04-5. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 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, withheld, 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. 39 PAYMENT BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 , 200 . (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 40 PAYMENT BOND (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 200_, 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 shall 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: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 41 GUARANTEE AGREEMENT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 (FORM FOR BOTH CONTRACTOR AND/OR SUBCONTRACTOR AS APPLICABLE) We hereby guarantee that PARADISE CREEK EDUCATIONAL PARK, SPECIFICATION NO. 04-5, has been installed in accordance with the drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. 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 workmanship 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 above -mentioned 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. 42 GUARANTEE AGREEMENT (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 Signatures (Firm Name) (Address) By: By: (Signature of General Contractor or (Signature of General Contractor or Subcontractor) Subcontractor) (Name and Title) (Name and Title) Countersigned: (Firm Name) (Address) By: By: (Signature of General Contractor if for (Signature of General Contractor if for Subcontractor) Subcontractor) (Name and Title) Representative to be contacted for Service: Name: (Name and Title) Address: Telephone: 43 EMERGENCY NOTIFICATION LIST PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 DATE: The Contractor's representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) Name Emergency Telephone Number(s) 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 Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 44 CONTRACTOR'S CERTIFICATION OF COMPLETION PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 DATE: TO: Public Works Director City of National City 2100 Hoover Avenue 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. I 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 Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 45 CONTRACTOR'S AFFIDAVIT OF DISPOSAL PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 WHEREAS, on the day of , , the undersigned entered into and executed a contract with the City of National City, a municipal corporation, for PARADISE CREEK EDUCATIONAL PARK, as particularly described in said contract and identified as Specification No. 04-5; and WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner"; and that "every effort has been made to recycle all designated recyclable materials as listed in the County of San Diego Mandatory Recycling Ordinance." WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with County San Diego Mandatory Recycling Ordinance 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 location(s): and that they have been disposed of according to all applicable laws and regulations. Dated and Signed this day of , 200_, under penalty of perjury Signature of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 46 CONSENT OF SURETY FOR FINAL PAYMENT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 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 , 200 . Signature of Authorized Surety Representative Title (CORPORATE SEAL) 47 CONTRACTOR'S AFFIDAVIT OF PAYMENT PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 To All Whom It May Concern: WHEREAS, the undersigned has been contracted by the City of National City to furnish labor and materials for PARADISE CREEK EDUCATIONAL PARK, Specification No. 04-5, under a contract dated the day of , 2004, 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 , 200_ 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: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) Signature of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 48 CONSENT OF SURETY FOR REQUEST OF ADJUSTMENT OF RETENTION PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 The Contractor, , hereby requests that the percentage of progress payment estimates retained by the City of National City under the provisions of the Contract Documents be REDUCED to %. Signature of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. ************************************************************************ The Surety on Performance Bond for said Project hereby approves the foregoing request. Signature of Authorized Surety Representative Title ************************************************************************ Approval IS/IS NOT recommended: The percentage of completion as of 200_ is %, and the present percentage of elapsed time as of %. Signature of Project Engineer , 200 is ************************************************************************ APPROVED/DISAPPROVED Signature of Public Works Director or Representative 49 DRUG -FREE WORKPLACE CERTIFICATION PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 This Drug -Free Workplace Certification form is part of the Contract made by and between the City and Contractor. This form is required from all successful bidders pursuant to the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) The Drug -Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for procurement of any property or service from any State agency shall certify that it will provide a drug -free workplace by doing certain specified acts. It addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination, and the contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred. Pursuant to Government Code Section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug -free workplace by doing all of the following: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in their workplace and specifying actions which will be taken against employees for violations of the prohibition; B. Establishing a drug -free awareness program to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The person or organization's policy of maintaining a drug -free workplace; 3. The availability of drug counseling, rehabilitation and employee -assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations. C. Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision "A," and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement. 50 DRUG -FREE WORKPLACE CERTIFICATION (CONTINUED) PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 I, the undersigned, agree to fulfill the terms and requirements of the Drug -Free Workplace Act as it now exists or may hereinafter be amended. Particularly, I shall abide by Government Code Section 8355 when performing the Contract for the Project by: A. Publishing statement -notifying employees concerning the prohibition of controlled substance at my workplace; B. Establishing a drug -free awareness program; and C. Requiring that each employee engaged in the performance of the contract be given a copy of the statement required by Section 8355(a) and agree to abide by the terms of that statement. I also understand that if the City determines that I have either: (a) made a false certification herein; or (b) violated this certification by failing to carry out the requirements of Section 8355, the Contract awarded herein is subject to termination, suspension of payments, or both. I further understand that if I violate the terms of the Drug -Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of the Act. I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq., and hereby certify that I will adhere to the requirements of the Drug -Free Workplace Act of 1990. Executed on this day of , 200 at Name of Contractor (Print or Type) By Signature Print Name Subscribed and sworn before me This day of , 200_ Notary Public in and for The State of California My Commission Expires: 51 GENERAL CONDITIONS GENERAL CONDITIONS Article 1. DEFINITIONS a. Acceptable, Acceptance or words of similar import are used, it shall be understood that the acceptance of the Construction Manager, Engineer and/or the City is intended. b. Addendum means the written or graphic instrument issued prior to the opening of the Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of the Bids. c. Agency means the City of National City. d. Agreement, see Contract. e. Approval means written authorization by Construction Manager, Engineer and/or City for specific applications within the Contract. f. Engineer means the Engineer employed by City to provide engineering and related services for the Project. g. Bid means the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. h. Bidder means any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. i. Bid Guaranty means the cash, certified check or Bidder's surety bond accompanying the Bid as a guaranty that the Bidder will enter into a Contract with the City for the performance of the Work. j. Board means the City Council of the City of National City. k. Bond means the Bid, performance, and payment bond or other instrument of security. I. Change Order means a written order to the Contractor signed by the City directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. m. City means the City of National City. n. City and Contractor are those mentioned as such in the Contract. For convenience and brevity, these terms, as well as terms identifying other persons involved in the Contract are treated throughout the Contract Documents as if they are of singular number and masculine gender. The terms City and Owner are used interchangeably. The terms Contractor, Trade Contractor and Prime Contractor are all references to the other. These terms are used interchangeably in the course of the Contract Documents. o. City's Representative or Representative means any representative of the City authorized in PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-1 December 2004(Bid Submittal) December 13, 2004 writing to act on behalf of the City, including but not limited to the Public Works Director, City Consultants, Inspector and/or Construction Manager. p. Code terms mean the Government Code, Labor Code, etc., refer to the codesof the State of California. Construction Manager means the Construction Manager employed by the City to provide construction management and related services for the Project. r. Contract means the written agreement between the City and the Contractor covering the Work. s. Contract Documents include all Contract Documents including: Notice to Contractors Calling for Bids, Information for Bidders, Bid Form, Designation of Subcontractors, Certificate Regarding Workers' Compensation, Non -Collusive Bidding Declaration, Designation of DVBE Subcontractors, Drug -Free Workplace Certification, Recycled Content Certification, Asbestos -Free Materials Certification, Information Required of Bidders, Performance Bond, Payment Bond, Insurance Policies/OCIP Documents, General Conditions, Special Conditions, Drawings, Plans, Specifications, the Contract, and all modifications, addenda, and amendments. t. Contractor means the individual, partnership, corporation, joint venture, or other legal entity having a Contract with the City to perform the Work. u. Contract Price means the total amount of money for which the Contract is awarded. v. Days shall mean consecutive calendar days unless otherwise specified. w. Directed, as directed or directed by the Public Works Director means that the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the City in becoming a party to the Contract. The above terms shall not mean the active and direct supervision to superintendence of the detail of the Work. x. Engineer means the Public Works Director of the City, or other representative of the City Manager of the City, designated to administer the work for the City, and who may act directly or may be represented on the work by engineers, assistants, and inspectors who are authorized to act for him/her within the scope to the particular duties entrusted them. Y. Equal, Equivalent, Satisfactory, Designated, Selected, As Required and words of similar meaning are used, the written approval, selection, satisfaction, direction, or similar action of the Construction Manager, Engineer, and/or City is required. z. Includes and Including does not limit the work to the items following those words. aa. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Construction Manager, Engineer, and/or City is intended, unless stated otherwise. bb. Locality in which the work is performed means the City of National City, and the County of San Diego. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-2 December 2004(Bid Submittal) December 13, 2004 cc. Major Bid Item means a single Contract item constituting 10 percent or more of the original Contract Price. dd. Modification includes Change Orders and Supplemental Agreements. A modification may only be issued after the effective date of the Contract. ee. Notice of Award means the written notice by the City to the successful Bidder. stating that upon compliance by it with the required conditions, the City will execute the Contract. ff. Notice to Proceed means the written notice given by the City to the Contractor fixing the date on which the Contract time will start. gg• Perform shall be understood to mean that the Contractor, at Contractor's expense, shall perform all operations necessary to complete the work, including furnishing of necessary labor, tools, and equipment, and further including the furnishing and installing of materials that are indicated, specified, or required to complete such performance. hh. Person means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. ii. Plans means the Drawings or reproductions thereof, approved by the City, which show the location, character, dimensions, or details of the Work. A• Project is the undertaking planned by City and Contractor as provided in the Contract Documents. kk. Proposal: see Bid. II. Provide shall include "provide complete in place," that is, "furnish, install, test and make ready for use." mm. Required and words of similar meaning are used, it shall mean "as required to properly complete the work" as required by the Construction Manager, Engineer and/or City, unless stated otherwise. nn. Reference Specifications means those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by the edition, volume, or date. oo. Specifications refer to Standard Specifications, Specifications of the Project Manual, General Conditions, and specifications in Supplemental Agreements between the Contractor and the City. pp. Standard Plans refers to details of standard structures, devices, or instructions referred to on the Plans and Specifications by title or number. qq. Standard Specifications refers to the Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". rr. State means the State of California. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-3 December 2004(Bid Submittal) December 13, 2004 ss. Subcontractor as used herein, includes those having a direct contract with Contractor and one who furnishes material worked to a special design according to plans, drawings, and specifications of this work, but does not include one who merely furnishes material not so worked. tt. Supervision where used to indicate supervision by the City, the Public Works Director, or City's representative, shall mean the performance of obligations and the exercise of rights, specifically imposed upon and granted to the City in becoming a party to the Contract. Except as specifically stated herein, supervision by the City shall not mean active and direct superintendence of details of the Work. uu. Supplemental Agreement means a written amendment .of the Contract Documents signed by both parties. w. Surety is the person, firm, or corporation, admitted as a California admitted surety, that executes as surety the Contractor's Performance Bond and Payment Bond for Public Works. Surety shall be an admitted surety insurer pursuant to Code of Civil Procedure Section 995.120. ww. Utility means tracks, overhead or underground wires, pipeline, conduits, ducts or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. xx. The Work means the entire improvement proposed by the City to be constructed in whole, or in part, pursuant to the Contract Documents. yy. Work means that which is proposed to be construed or done under the Contract, including the furnishing of all labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents. zz. Worker includes laborer, worker, or mechanic, and any supervisors thereto. Article 2. CONSTRUCTION MANAGER'S AND ENGINEER'S STATUS a. Both the Engineer and the Construction Manager shall be the City's representatives during the construction period, and shall have the responsibilities and authorities to act on behalf of the City only to the extent identified in the Contract Documents, and generally as follows: 1) The Engineer is responsible for: Interpreting the approved Drawings and Specifications, and providing any necessary amplification of the plans and specifications. Observing the construction and, in the first instance, judging the Contractor's performance with respect to the quality standards for materials and work in place. Accepting and approving decisions and clarifications, pertaining to the technical aspects of the Contract Documents. 2) The Construction Manager is responsible for: PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-4 December 2004(Bid Submittal) December 13, 2004 Serving as the Contractor's point of contact for management and administration of the Contract, and coordination of interfaces with other Contractors and organizations participating in the same or adjacent projects, as well as those of the Engineer and Inspector. Implementing the established procedures for processing all required technical and financial submittals and documents. Monitoring and reviewing the Contractor's safety program, personnel and equipment, scheduling and progress of the work, and, without assuming any of the Engineer's legal responsibilities, the work of the Contractor for conformance with the Contract Documents. b. The Construction Manager shall have authority to direct stoppage of the work whenever such stoppage may be necessary in the Construction Manager's, the Engineer's, or Inspector's reasonable opinion to insure the proper execution of the Contract. c. The City retains the authority to issue the ultimate decision in the event the Construction Manager and Engineer cannot reach a consensus regarding any decisions, clarifications, instructions, directions, acceptances, or approvals required, issues, or made pursuant to the Contract Documents and in connection with the prosecution and progress of the Work. Article 3. AUTHORITY OF CONSTRUCTION MANAGER, ENGINEER, PUBLIC WORKS DIRECTOR AND CITY COUNCIL a. Contractor shall promptly notify the Public Works Director in writing if either the Construction Manager or Engineer fail within a reasonable time period to make decisions on all claims of the City or Contractor, and on all other matters relating to the execution and progress of the work. b. Within the scope of the Contract, the Public Works Director has the authority to enforce compliance with the Drawings and Specifications. The Contractor shall promptly comply with instructions from the Public Works Director or an authorized City representative. c. The decision of the Public Works Director is final and binding on all questions relating to quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Drawings, Specifications, or other documents. This shall be precedent to any payment under the Contract, unless otherwise ordered by the City Council. d. The City Council has the final authority in all matters affecting the Work. Article 4. AWARD AND EXECUTION OF THE CONTRACT Award of Contract. The proposals will be compared on the basis of cost for each item listed in the proposal, and on the total of all items (including alternate items selected by the City). The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all of the requirements prescribed. Such award, if made, will be within sixty days (60) after the opening of the proposals. All proposals will be compared on the City's Estimate of the work to be done. The Contractor shall submit to the City, when requested and prior to the award of the Contract, a financial statement that indicates the Contractor's ability to perform the Project. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-5 December 2004(Bid Submittal) December 13, 2004 b. Execution of the Contract. A Contract will be mailed to the successful bidder by the City. A Contract will be mailed to the successful Bidder by the City. The Contract shall be signed by the successful Bidder intriplicate counterpart and returned, together with the Contract bonds and insurance certificates, within ten (10) working days from mailing the Contract to the Contractor. No Contract shall be binding upon the City until same has been completely executed by the Contractor and the City. Failure to execute a Contract and file acceptable bonds and insurance certificates as provided herein within the time limit above may be just cause for the annulment of the award and the forfeiture of the proposal bid security. Article 5. ASSIGNMENT a. Assignment. Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of work called for under said Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure, and/or the Government Code. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the Work, should the Contractor be in default. b. Contractor Indebtedness. Indebtedness incurred for any cause in connection with this Work shall be paid by the Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and the Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness. ARTICLE 6. SUBCONTRACTS a. General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information. The Bidder shall set forth in the Bid, as provided in 4104: 1) 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 prime 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 one-half of one (1) percent of the prime Contractor's total bid, or in the case of bids or offers for the construction of Streets or highways, including bridges, in excess of one half of one (1) percent of the prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater. 2) The portion of the Work which will be done by each such subcontractor under this act. The prime Contractor shall list only one subcontractor for each such portion as is defined by the prime Contractor in his Bid. b. If the Contractor fail to specify a subcontractor, or specifies more than one subcontractor PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-6 December 2004(Bid Submittal) December 13, 2004 for the same portions of the work to be performed under the Contract (in excess of one-half of one (1) percent of the Contractor's total Bid), it agrees that it is fully qualified to perform that portion itself, and that it shall perform the portion itself, except as otherwise provided in the Code. c. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as subcontractor in place of the subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a subcontractor. d. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the City may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than ten (10) percent of the subcontract involved, after a public hearing. e. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. f. Before the work of any subcontractor is started, the Contractor shall submit to the City for approval a written statement showing the work to subcontracted giving the name and business of each subcontractor and description and value of each portion of the work to be so subcontracted. g• Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. h. The Contractor agrees to bind every subcontractor by terms of the Contract as far as such terms are applicable to subcontractor's work. If Contractor subcontracts any part of this Contract, Contractor shall be as fully responsible to the City for the acts and omissions of his/her subcontractor and of persons either directly or indirectly employed by his/her subcontractor, as he/she is for acts and omissions of persons directly employed by him/her. Nothing contained in these Contract Documents shall create any contractual relation between any subcontractor and the City. The City shall be deemed to be the third party beneficiary of the contract between the Contractor and the subcontractor. i. The City's consent to or approval of any subcontractor under this Contract shall not in any way relieve Contractor of his obligations under this Contract and no such consent or approval shall be deemed to waive any provision of this Contract Article 7. CONTRACT BONDS a. Before execution of the Contract by the City, the Bidder shall file with the City surety bonds satisfactory to the Board in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety, authorized to issue such bonds in the State of California and have assets that exceed its liabilities in an amount equal to, or in excess of, the amount of the bond. The Bidder shall pay all bond premiums, costs, and incidentals. b. Both the Payment and Performance Bonds shall be executed by an admitted Surety, as defined in California Code of Civil Procedure Section 995.120. The Payment and Performance Bonds shall be accompanied by the original or a certified copy of the un- revoked power of attorney or other appropriate instrument entitling or authorizing the PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-7 December 13, 2004 person who executed the bond to do so. In addition, to the extent required by law, the Payment and Performance Bonds shall be accompanied by a certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner of the State of California, a certificate from the Clerk of the County of San Diego that the certificate of authority of the insurer has not been surrendered, revoked, cancelled, annulled, or suspended, or if it has that it has been renewed, and four copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance of the State of California. Aforesaid bonds shall be in form set forth in these Contract Documents. Upon request of Contractor, the City will consider and accepting multiple sureties on such bonds. c. Each bond shall be on the forms provided and be signed by the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. d. The bidder shall provide two good and sufficient surety bonds. e. The Performance Bonds shall be for 100 percent of the Contract Price to guarantee faithful performance of all Work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. f. The Payment Bond shall be for not less that 100 percent of the Contract Price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the City, and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. g. Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the City. h. Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City. Changes in the Work, or extension of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. Article 8. DRAWINGS AND SPECIFICATIONS a. General. The Contractor shall keep at the Work site a copy of the Drawings and Specifications, to which the City, and its representatives, shall have access at all times. b. Contract Documents. Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intention of documents is to provide the City with complete and fully operational facilities as indicated and specified including all labor and materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which as applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. c. Standard Drawings and Specifications. Where indicated in the Contract Documents, Work shall be done in accordance with the following referenced Standard Drawings and PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-8 December 2004(Bid Submittal) December 13, 2004 Specifications, which are on file in the office of the City Clerk. Standard Drawings 1) San Diego Area Regional Standard Drawings, 1997 Edition as modified by the City. 2) Sand Diego Area Regional Standard Drawings, 1997 Edition. 3) State of California, Department of Transportation, Standard Plans, July 1995. Standard Specifications 1) State of California, Department of Transportation, Standard Specifications, July 1995. 2) California Department of Transportation, Manual of Traffic Controls for Construction and Maintenance Work Zones, 1990 Edition. 3) Standard Specifications for Public Works Construction, 1997 Edition, as amended by the Regional Supplement Amendments, 1997 Edition. d. Contract Document Information. While it is believed that much of the information pertaining to conditions which may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness of accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work which would have been disclosed by reasonable examination of the site. e. Existing Improvements. Existing improvements visible at the job site, for which no specific disposition is made on the Drawings, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Drawings, shall be removed and disposed of by the Contractor. f. Interpretations. Drawings and Specifications are intended to be fully cooperative and to agree. However, if Contractor observes that Drawings and Specifications are in conflict, or have an error or omission, the Contractor shall promptly notify the Construction Manager in writing and any necessary changes shall be adjusted as provided in contracts for changes in work. If such conflict arises, the following order of precedence shall generally apply, provided, however, that the order of precedence shall not be so rigidly interpreted as to affect an absurd or costly result: 1) Permits from other governmental agencies as may be required by law, 2) Technical Specifications implement, in additional detail, the requirements of the General Conditions. In the event of conflict between the Standard Specifications and the Technical Specifications, and the General Conditions, the General Conditions shall take precedence. 3) In the event of a conflict between the Standard Specifications and Technical Specifications, and the Standard Drawings and the Drawings, the higher quality, higher quantity and the most stringent requirements shall be deemed to apply and shall govern as to materials, workmanship, and installation procedures. 4) With regard to Drawings: (a) Figures govern over scaled dimensions; PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-9 December 2004(Bid Submittal) December 13, 2004 g• (b) Larger scale Drawings and Details govern over smaller scale drawings; (c) Addenda/Change Order Drawings govern over Contract Drawings; (d) Contract Drawings and Specifications govern over Standard Drawings and Specifications. 5) Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Standards, Rules, and Regulations. Standards, Rules and Regulations referred in the Contract Documents to be recognized printed standards and shall be considered as one and a part of these specifications within limits specified. h. Misunderstanding of Drawings and Specifications. Misunderstanding of Drawings and Specifications shall be clarified by the Engineer, whose decisions shall be final, and which shall be communicated to the Contractor by the Construction Manager. Addenda. Addenda shall govern over all other Contract Documents. Subsequent Addenda issued shall govern over prior Addenda only to the extent specified. j. Organization of Work. Organization of the Specifications into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing the work among subcontractors or in establishing the extent of work to be performed by any trade. k. Compliance with Applicable Laws. Drawings and Specifications are intended to comply with all laws, ordinances, rules and regulations of authorities having jurisdiction, and where referred to in the Contract Documents, said laws, ordinances, rules and regulations shall be considered as part of said Contract Documents within the limits specified. The Contractor shall bear all expenses correcting work done contrary to said laws, ordinances, rules and regulations and if the Contractor (1) performed same without first consulting the Construction Manager for securing the Engineer's instructions regarding said work or (2) disregarded the Engineer's instructions regarding said work. Provisions of Law Deemed Inserted. Each and every provision of law required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake, omission or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall be amended in writing to make such insertion or correction. m. City's Authority. The City retains the authority to issue the ultimate decision in the event the Construction Manager and Engineer cannot reach a consensus regarding any clarification requested, any necessary changes to conflicting Drawings and Specifications, any requested instructions or any similar issues presented under this Article. Article 9. COPIES OF DRAWINGS AND SPECIFICATIONS FURNISHED a. Contractor will be furnished, free of charge, six printed Bid copies of the Drawings and Specifications. Additional printed copies may be obtained at the cost of reproduction. Electronic copies of Drawings may be obtained at the cost of $250.00 per each Drawing. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-10 December 2004(Bid Submittal) December 13, 2004 Article 10. OWNERSHIP OF DRAWINGS a. All Drawings, Specifications, and copies thereof furnished by the City are City property. They are not to be used by Contractor or Subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one signed Contract set, all documents shall be returned to the City on request at the completion of the Work. Article 11. DETAIL DRAWINGS AND INSTRUCTIONS a. Examination of Drawings and Specifications. Before commencing any portion of the Work, Contractor shall carefully examine all Drawings and Specifications and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify City and both the Construction Manager and Engineer of any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation in the Drawings and Specifications in the manner provided herein. If the Contractor or its Subcontractors, material or equipment suppliers, or any of their officers, agents and employees performs, permits, or causes the performance of any Work under the Contract Documents which it knows or should have known to be in error, inconsistent, or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all costs arising there from including, without limitation, the cost of correction thereof without increase or adjustment to the Contract Price, as set forth in the Contract, or the time for performance. If Contractor performs, permits, or causes the performance of any Work under the Contract Documents prepared by or on behalf of Contractor which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction, without increase to or adjustment in the Contract Price or the time for performance. In no case shall any Subcontractor proceed with the Work if uncertain without the Contractor's written direction and/or approval. b. Additional Instructions. Within ten (10) calendar days of notification of any ambiguity, conflict or lack of information, the Construction Manager will provide Engineer's prepared additional instructions, by means of Drawings or other written direction, necessary for proper execution of work. All such Drawings and instruments shall be consistent with the Contract Documents, true developments thereof, and reasonable inferable there from. Work shall be executed in conformity therewith and Contractor shall do no work without proper Drawings and instructions. Any necessary additional details furnished by the Construction Manager and/or the Engineer to more fully explain the work shall be considered as part of the Contract Documents. c. Scale Drawings. Should any details need to be more elaborate, in the opinion of the Contractor, than scale drawings and specifications warrant, written notice thereof shall be given to the Construction Manager within five (5) working days of the receipt of the same. In case no notice is given to the Construction Manager within five (5) working days, it will be assumed the details are a reasonable development of the scale drawings. In case notice is given, then the Construction Manager and Engineer, together, will consider the claim and if found justified, the drawings will be modified by the Engineer, or Construction Manager shall recommend to the City a Change Order for the extra work involved within a reasonable amount of time. d. Quality of Parts, Construction and Finish. All parts of the described and shown construction shall be of the best quality of their respective kinds and the Contractor is PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-11 December 13, 2004 hereby advised to use all diligence to inform himself/herself fully as to the required construction and finish, and in no case to proceed with the different parts of the work without obtaining first from both the Construction Manager and Engineer such directions and/or drawings as may be necessary for the proper performance of the work. e. Contractor's Variation from Contract Document Requirements. If it is found that the Contractor has varied from the Drawings and/or Specifications, in materials, quality, form or finish, or in the amount or value of the materials and labor used, the Construction Manager, shall be at liberty at any time, before or after completion of the work, to order such improper work removed, remade and replaced, and all work distributed by these changes shall be made good at the Contractor's expense, or the Construction Manager, after consultation with the Engineer, shall receive from the Contractor, for the City (or City shall deduct from amount due Contractor), a sum of money equivalent to the difference in value between the work performed and that called for by the drawings and specifications, it being optional with the Construction Manager and Engineer to pursue either course. Article 12. SHOP DRAWINGS a. Shop drawings and submittals shall be provided, at the Contractor's expense, when required by the Contract Documents, Drawings or Specifications, or when requested by the Construction Manager, Engineer or City. b. Contractor agrees that Shop Drawings and Submittals processed by the City are not Change Orders, and that the purpose of the shop drawings and submittals is to demonstrate to the City that the Contractor understands the project's design concept, his/her understanding of which equipment and materials to furnish and install, and the details of the fabrication and installation methods to use. c. Contractor agrees that if deviations, discrepancies, or conflicts between the shop drawings and submittals, and the Contract Drawings and Specifications, are discovered prior to, or after, shop drawings and submittals are processed by the City, the Contract Drawings and Specifications shall take precedence and shall be deemed to be apply. d. Materials shall not be furnished or fabricated, nor any work done for which shop drawings or submittals have been reviewed. e. The Contractor shall allow a minimum of 21 working days for review of shop drawings and submittals. f. Shop drawings shall be prepared in accordance with current modern engineering practice and shall be of a size and scale to clearly show all necessary details. Shop drawings shall include fabrication, construction details, dimensions, operating and installation information for the complete assembly of systems and equipment with all components and parts identified, and with all parts having an assigned number corresponding to the manufacturer's parts and material list. g. Contractor shall check and verify all field measurements and shall submit seven (7) copies, and one good quality transparency, of all shop or setting drawings, schedules, and materials list, and all other submittals in accordance with other provisions of the Contract required for the work of various trades. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Construction Manager. Each signed submittal shall affirm that the submittal meets all the requirements of the PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-12 December 13, 2004 Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. If no change or correction is required, three prints will be returned to the Contactor. If extensive additions or corrections are required, the Construction Manager will return one marked -up print along with the transparency, for corrections and resubmission. Final transparencies will be retained by the City. h. Contractor shall make any corrections required by the Engineer, and file with the Construction Manager seven (7) corrected copies each, and one transparency, and furnish such other copies as may .be needed for construction. Engineer's approval of such drawings or schedules also shall not relieve Contractor from responsibility for deviations from Drawings or Specifications unless Contractor has in writing called Construction Manager's attention to such deviations at time of submission and has secured the Engineer's written approval. Engineer's approval of such drawings and schedules also shall not, nor shall it relieve him from responsibility for errors in shop drawings or schedules. Article 13. SUBMITTALS a. Submittals shall consist of the appropriate combination of catalog sheets, material lists, manufacturer's brochures, technical bulletins, specifications, diagrams, or product samples, necessary to describe a system, product, or item. Submittals shall be required for all items noted in the Drawings and Specifications. Submittals for systems shall be bound together and include all manufactured items for the system. The Contractor shall furnish seven (7) copies of the required submittals to the Construction Manager. b. Contractor shall furnish for approval, within fourteen (14) calendar days following award of Contract a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Specifications. Such log shall indicate whether samples will be provided as specified and in accordance with other provisions of this Contract. c. Contractor shall coordinate, schedule, sequence, and provide samples and submittals, together with catalogs and supporting data required by the Engineer to the Construction Manager so as not to cause delays on the Project. d. This provision shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples. Engineer's action will be taken within twenty one (21) calendar days after receiving such samples and submittals. If in the Construction Manager's and/or Engineer's professional judgment twenty one (21) calendar days is an insufficient amount of time to permit adequate review, Construction Manager shall, within the initial twenty one (21) calendar days period, notify the Contractor, with a copy to the Inspector and the City, of the amount of time that will be required to respond. e. The initial submittals requiring approval will be reviewed at no cost to the Contractor. The cost of reviewing re -submittals, for reason of failure of Contractor to meet Contract requirements, shall be at the expense of the Contractor. f. The Contractor shall ensure no work has begun until submittals for that item of work have been returned approved. g. If the Engineer's response results in a change in the Project, then such change shallbe effected by an approved written Change Order. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-13 December 2004(Bid Submittal) December 13, 2004 Article 14. DOCUMENTS ON WORK a. Contractor shall keep one copy of all Contract Documents, including Addenda, Change Orders, Division I, Title 21 of the California Code of Regulations (Building Standards Administrative Code), Title 24 of the California Code of Regulations, and the prevailing wage rates applicable at the time of the Contract, and any other laws, rules or regulations governing building standards for public construction, which by this reference is a part of the Contract Documents, on job at all times. Said documents shall be kept in good order and available to both the Construction Manager and the Engineer and the City's representatives. Contractor shall be acquainted with and comply with the provisions of said these laws, rules or regulations as they relate to this Project. Contractor shall also be acquainted with and comply with all California Code of Regulations provisions relating to this Project. b. Contractor shall also make available all books, records, accounts, contracts, bids, etc. upon request of the Construction Manager or City's representative. Article 14-A. RECORD ("AS BUILT") DRAWINGS a. Contractor shall maintain a clean, accurate, legible and undamaged set of Contract Drawings and shop drawings during construction. In addition to maintaining one complete set of record drawings (herein referred to as "as-builts"), Contractor shall require each trade to do its own as-builts. The trade as-builts shall contain information showing clean and clear drawings with horizontal and vertical controls suitable for conversion to electronic media. Graphic quality shall be equal to clean and clear original Drawings. Adequacy of the drawings will be determined by the Construction Manager, City's representative or Engineer. Contractor shall mark the set to show the actual installation where the installation varies from the work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and accurately where shop drawings are used, record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date, and record exact location by dimension and elevation all below grade plumbing and electrical utility lines. Such work shall be kept up to date with all entries checked by the Construction Manager, Engineer or City's representative before the work is concealed, buried or covered up. Contractor shall use colors to distinguish variations in separate categories of the work. b. Contractor shall note related Change Order numbers where applicable. Contractor shall organize record drawings sheets into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. c. The Construction Manager or the City's representative reserves the right to request interim prints of the as -built record drawings when the Contractor submits periodic application for payment in order to verify the accuracy and timeliness of recording the actual construction conditions. It the Contractor's as -built documentation is not satisfactory to the Construction Manager, Engineer or City's representative, the deficiency will cause delay approval of the periodic payment application until the deficiencies are satisfactorily resolved. d. At the end of the Project, the Contractor shall provide the City with a complete set of as -built drawings. The complete set shall contain information showing clean .and clear drawings with horizontal and vertical controls suitable for conversion to electronic media. Graphic quality shall be equal to clean and dear original drawings adequacy of the drawings shall be PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-14 December 2004(Bid Submittal) December 13, 2004 determined by the Construction Manager, City's representative or Engineer. The as-builts shall show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Article 15. WORK TO BE DONE a. City. The City will provide for all inspection services and testing for materials, as noted in the Articles contained herein. b. Contractor. The Contractor shall provide for all labor, material, and equipment necessary to construct a complete project, and shall pay for all overtime that the City's inspectors may be required to work due to the Contractor's schedule. c. Work. The Work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, supplies and manufactured articles, and for fumishing all transportation, services, including fuel, power and water and essential communications, and the performance of all labor, work or other operations required for the fulfillment of the Contract, in strict accordance with the Drawings and Specifications, and schedules, all of which are made a part hereof, and including such detailed sketches as may be furnished by the Engineer from time to time during the construction in explanation of said Drawings. The work shall be complete, and all work material and services not expressly called for in the Specifications, or not shown on the Drawings which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increasein cost to the City. Article 16. SUBSURFACE DATA AND SOILS INVESTIGATIONS a. Subsurface data and soils investigation reports obtained from test holes obtained at the site are not to be a part of this Contract. Any information obtained from such reports or any information given as to subsurface soil conditions, or to elevations of existing grades, or elevations of underlying rock is approximate only, is not guaranteed, and does not form a part of the Contract. Contractor is required to make a visual examination of site and shall make whatever tests, or subsurface exploration, he deems appropriate to determine the underground condition of the soil, at his own expense. Contractor agrees that he will make no claim against the City for damages in the event that during the progress of the work Contractor encounters subsurface or latent conditions at the site materially differing from those shown on the Drawings or indicated in Specifications, or for unknown conditions of an unusual nature which differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in plans and specifications. See Appendix C for site specific risk assessment. b. Any indicated elevation's of the water table is that which existed on the date when test -hole data was determined. It is the Contractor's responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil borings and groundwater actually encountered during construction will not be considered as a basis for extra work. Article 17. RIGHT —OF— WAY a. Rights -of way, easements, or rights -of entry for the Work will be provided by the City. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-15 December 13, 2004 all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Article 18. SURVEYING a. Surveys. Surveys to determine the locations for above or below grade construction improvements, Contractor shall provide grading, utilities, and all on -site and off -site work. b. Permanent Survey Markers. The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Public Works Director. The Contractor shall bear the expense of replacing or resetting any marker that may be disturbed without said consent. Only a qualified California licensed civil engineer or land surveyor shall do replacement or resetting of any marker. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument cover to the new grade within seven (7) days of finished paving unless otherwise directed. Article 19. LAYOUT AND FIELD ENGINEERING a. All surveying and field engineering required for laying out all on -site and off -site work, and establishing grades and elevations for earthwork, structures, paving, sidewalks, curbs, headers, sewers, drains, conduits, etc., shall be furnished by the Contractor at his expense. The Contractor's qualified, licensed civil engineer or surveyor approved by the Construction Manager, Engineer or City's representative, shall do such work. All required the Contractor's approved civil engineer or surveyor should prepare "as -built" drawings of all on and off site work. b. Surveying of the Work shall conform to the quality and practice required by the Public Works Director. c. All work shall conform to the lines, elevations and grades shown on the Drawings. Article 20. ACCESS TO WORK a. The Construction Manager, Engineer, Inspectors and the City's representatives shall at all time have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access so that the Construction Manager, Engineer, Inspectors and the City's representatives may perform their functions under contract, and will be. able to ascertain the project's progress, workmanship, character, materials, and equipment used and employed in the Work. Article 21. INSPECTORS, TESTING AND INSPECTION a. City may employ one or more Inspectors, Inspection Agencies or Testing Laboratories. b. The Construction Manger, Engineer, Inspectors and the City's representatives shall have access to all plant operations involving work under this Contract and shall be provided reasonable advance notice of the time and place of operations which the Inspectors desire to observe. The Construction Manager, Engineer, Inspectors and City representatives shall be provided with all necessary samples of materials and work for testing purposes. All work shall be under the observation of said Inspectors. They shall have free access to any or all PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-16 December 13, 2004 parts of work at any time. Contractor shall furnish the Construction Manager, Engineer, Inspectors and the City representatives reasonable facilities for obtaining such information as may be necessary to keep them fully informed respecting progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Inspectors, after consultation with the Construction Manager, Engineer, City representative together, shall have authority to stop work whenever the provisions of the Contract Documents are not being complied with, and the Contractor shall instruct his employees accordingly. c. Whenever the Contractor varies the period during which work is carried out on each day, it shall give due notice to the Construction Manager so that inspection may be provided. Any work done without inspection by the Construction Manager, Engineer, Test and Inspection Agencies or City's representative will be subject to rejection. d. All installations which are to be backfilled or otherwise covered shall be inspected by the prior to backfilling or covering, and the contractor shall give due notice in advance of backfilling or covering to the Construction Manager so that inspection may be provided. e. Defective work shall be made good, and unsuitable materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the Construction Manager, Engineer, Inspectors, City's representative or that payment therefore has been included in an estimate for payment. f. All costs of inspection and testing performed during overtime work by the Contractor, which is allowed solely for the convenience of the Contractor shall be born by the Contractor. The City shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the Contractor. If the Contract, the Construction Manager's, Engineers, Test and Inspection Agencies, Public Works Director's, City's representative, instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, Contractor shall give notice in accordance with such authority of its readiness for observation or inspection at least two (2) working days prior to being tested or covered up. If inspection is by a public authority other than the City, Contractor shall inform the Construction Manager of date fixed for such inspection. Required certificates of inspection shall be secured by Contractor. Observations by the Construction Manager, Engineer, Public Works Director or Test and Inspection Agencies will be promptly made and where practicable at source of supply. If any work should be covered up without approval or consent of the Construction Manager, Engineer, Test and Inspection Agencies, Public Works Director or City representative it shall, if required by the Construction Manager, Engineer, Inspector, Public Works Director, or City's representative be uncovered for examination and satisfactorily reconstructed at Contractor's expense in compliance with the Contract. Costs for testing and inspection shall be paid by the City. Costs of tests, or retesting, of any materials found not to be in compliance with the Contract shall be paid by the Contractor. h. Except where noted, where such inspection and testing are to be conducted by an independent laboratory or agency, such materials or samples of materials to be tested shall be selected by such laboratory or agency, or the Construction Manager, Inspector, Public Works Director or City's representative, and not by Contractor. All test or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. g• PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-17 December 13, 2004 i. In advance of manufacture of materials to be supplied by Contractor under the Contract, which by the terms of the Contract shall be tested, Contractor shall notify the Construction Manager in advance so that the Construction Manager may arrange for testing of same at the source of supply. Any materials shipped by Contractor from the source of supply prior to having satisfactorily passed such testing and inspection, or prior to receipt of notice from the Construction Manager that such testing and inspection will not be required, shall not be incorporated into the work without the prior approval of the Construction Manager, Engineer, Inspector, Public Works Director or its Representatives and subsequent testing and inspection. The Contractor shall samples of materials for testing, as the Construction Manager, Engineer, Test and Inspection Agencies, Public Works Director or City representative may require, at no cost to the City. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Construction Manager. k. The Contractor shall notify the Construction Manager in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the material tests. The notice shall name the proposed supplier and source of material. If the notice is sent before the materials are available for testing or inspection, or is sent far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to notify the Construction Manager when samples which are representative may be obtained. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal . casting, welding, concrete pipe manufacture, protective coating application, and similar shop and plant operations noted in the Drawings and Specifications. m. Steel pipe in sizes Tess than 18-inches and vitrified clay, asbestos -cement, and cast iron pipe sizes are acceptable upon certification as to compliance with the Drawings and Specifications, subject to sampling and testing by the City. Standard items of equipment such as electric motors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as electrical panel boards, pumps, etc., are subject to inspection at the source, normally only for performance testing. The Drawings and Specifications may note and require inspection for other items. n. The City will provide all inspection and testing laboratory services within 50-miles of the geographical limits of the City. o. When the Contractor intends to purchase materials, fabricated products or equipment from sources located more than 50-miles outside the geographical limits of the City, an Inspector or accredited testing laboratory (approved by the City), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The Inspector or representative of the testing laboratory shall judge the materials by the requirements of the Drawings and Specifications. The Contractor shall forward reports required by the City. No materials or equipment shall be shipped not shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved Inspector or testing laboratory. Approval by said Inspector or testing laboratory shall not relieve the Contractor of responsibility for complying with the Contract requirements. j• PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-18 December 13, 2004 p. Reexamination of questioned materials or work may be ordered by the Construction Manager, Engineer, Inspector, Public Works Director or City representatives. If so ordered, materials or work shall be uncovered by Contractor. If such materials or work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and replacement. if such materials or work is found not to be in accordance .with the Contract Documents, Contractor shall pay such costs. q. The City may waive materials testing requirements of the Drawings and Specifications and accept the manufacturer's certification that the materials to be supplied meet those requirements. Materials test data may be required as part of the certification. Article 22. NOTICE AND SERVICE THEREOF a. The delivery of any notice, instruction, claim, protest or other written communications personally to the Contractor or his Superintendent, to the Construction Manager orto the City Clerk of the City of National City shall constitute service thereof upon the Contractor, the Construction Manger, and Public Works Director or to the City, respectively. b. The depositing in a post-paid wrapper directed to the official address of the Contractor, the Construction Manager or the City in any post office mail box regularly maintained by the post office, or any notice, instruction, claim protest or other written communication, shall be deemed sufficient service thereof upon the Contractor, the Public Works Director or the City, respectively, and the date of service shall be the day following the date of such mailing. c. The official address of the Contractor shall be the address given in the accepted Proposal, or such other address as the Contractor may subsequently designate in writing to the Construction Manager and to the City. The official address of the Public Works Director is the Office of the Public Works Director, City of National City, 2100 Hoover Avenue, National City, California, 91950, or such other address as the Public Works Director may subsequently designate in writing to the Contractor. The official address of the City is the Office of the City Clerk, City of National City, 1243 National City Boulevard, National City, California 91950, or such other address as the City may subsequently designate in writing to the Contractor. Article 23. NOTICE OF THIRD PARTY CLAIMS a. Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely notification of the receipt of any third -party claim, relating to the Contract. City is entitled to recover its reasonable costs incurred in providing such notification. Article 24. CHANGES REQUESTED BY THE CONTRACTOR a. General. Changes in specific methods of construction may be made at the Contractor's request when approved in writing by the City. Changes in the Drawings and Specifications requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the City, may be granted by the City to facilitate the Work, when approved in writing by the City. b. Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-19 December 13, 2004 Article 25. CHANGES AND EXTRA WORK a. Changes In Work. The City, without invalidating the Contract, and as provided bylaw, may order extra work or make changes by altering, adding to, or deducting from work, the Contract sum being adjusted accordingly. All such work shall be subject to prevailing wage rates and shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. The City prior to the commencement of the work shall submit all requests for changes or extra work to the Construction Manager for approval. b. In giving instructions, Contractor agrees that the Construction Manager and Public Works Director, together, shall have authority to make minor changes in work, not involving change in cost, and not inconsistent with the purposes or approvals of the Project. Otherwise, no extra work or change shall be made unless pursuant to a written order from the City, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the Contractor is delayed in completing the work by reason of any change made pursuant to this Article, the time for completion of the Work shall be extended by change order for a period commensurate with such delay. The Contractor shall not be subject to any claim for liquidated damages for this period of time. c. New and Unforeseen Conditions. Contractor shall provide the Construction Manager with written notice of new and unforeseen conditions immediately upon discovery of such conditions. The Contractor shall promptly notify the Construction Manager of the following conditions upon discovery, and before they are disturbed. 1) Subsurface or latent physical conditions differing materially from those represented in the Contract. 2) Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed. 3) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The City will promptly investigate conditions which appear to be changed conditions. If the City determines that the conditions are changed conditions and will materially affect costs, a change order will be issued adjusting the compensation for such portion of the Work in accordance with the Articles herein. If the City determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of the Articles herein. If the City determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Construction Manager in writing if the Contractor disagrees. Should the Contractor disagree with the decision, it may submit a written notice of potential claim to the Construction Manager before commencing the disputer work. In the event of such a dispute, the Contractor shall not be excused from any scheduled completion date provided by the Contract and shall proceed with all work to be performed under the Contract. However, the Contractor shall retain any and all rights provided by either Contract or law PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-20 December 2004(Bid Submittal) December 13, 2004 which pertain to the resolution of disputes and protests between the contracting parties, and shall proceed as provided in the Articles herein. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. d. Minor Changes. If a necessary change results in a minor change of work not to exceed $5,000.00, the Public Works Director is authorized to negotiate a change order with the Contractor, or his representative. After both parties have signed the change order, it will become effective. With the signing of the contract documents, the Contractor acknowledges that his/her representative is authorized to sign change orders not to exceed $5,000.00 each. e. Overtime Work. Except as otherwise provided in this Section, the Contractor shall not receive additional compensation for overtime work; i.e., work in excess of eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Construction Manager or Public Works Director in writing. Additional compensation will be paid to the Contractor for overtime work only in the event extra work is ordered by the Construction Manager or Public Works Director and the change order specifically authorizes the use of overtime work and then, only to such extent as overtime work of a similar nature in the same locality. All costs of inspection and testing performed during overtime work by the Contractor which is allowed solely for the convenience of the Contractor shall be borne by the Contractor. The City will have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the Contractor. f. Basis for Establishing Costs 4) Labor. The costs of labor will be the actual cost for wages prevailing for each craft or type of workers performing the extra work at the time extra work is done, plus a labor surcharge set forth in the California Department of Transportation publication entitled "Labor Surcharge and Equipment Rates", which is in effect on the date upon which the work is accomplished and which is a part of the Contract. Said labor surcharge shall constitute full compensation for all payments imposed by the State and Federal laws and for all other payments made to, or on behalf of, the workman, other than the prevailing wages. The use of labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rentals. The labor cost for workers shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Non -direct labor costs including superintendence shall be considered part of the mark-up costs identified in paragraph g. below. 5) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus freight, and delivery. The City reserves the right to PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-21 December 2004(Bid Submittal) December 13, 2004 g• approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No mark up in costs shall be applied to any material provided by the City. 6) Tool and Equipment Rental. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates" which is in effect on the date upon which it is accomplished and which is a part of the Contract, regardless of ownership and any such rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Construction Manager or the Public Works Director to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Construction Manager or Public Works Director. The Contractor may furnish any cost data which might assist the Construction Manager or Public Works Director in the establishment of such rental rate. 7) Other Items. The City may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items shall be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. 8) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payments is not substantiated by invoices or other documentation, the City may establish the cost of the item involved at the lowest price which was current at the time of the report. Agreed Costs and Prices. The Contractor's change order proposal shall be submitted with a detailed cost estimate. The detailed cost estimate shall indicate material, labor, equipment, overhead, and all incidentals required to perform any changes in the work. When the price or costs for the extra work cannot be agreed upon, the City will pay for the extra work based on the accumulation ofcosts as provided herein. The value and costs of any such extra work, change, or deduction shall be determined at the discretion of the City, in consultation with the Construction Manager and Engineer, in one or more of the following ways: 1) By acceptable lump sum proposal from Contractor with itemization as required by the Construction Manager. 2) By prices contained in Contractor's original bid and incorporated in the Contract Documents or fixed by subsequent agreement between the City and Contractor. 3) By the actual cost of material and labor and a percentage for overhead and profit. The following form shall be followed as applicable for additions and deductions to the Contract: (a) Material (attach itemized quantity and unit cost plus sales tax) EXTRA/(CREDIT) (b) Labor (attach itemized hours and base rates from identified prevailing wage rate schedules) PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-22 December 2004(Bid Submittal) December 13, 2004 (c) Commercial General Liability and Property Damage Insurance, Workers' Compensation Insurance, Social Security and Unemployment Taxes at actual and verified cost. (d) Subtotal (e) Subcontractor's overhead and profit as defined in k., below, not to exceed 15% of Item (d) (if applicable) (f) Subtotal (g) Contractor's Overhead and Profit, as defined in k., below, not to exceed 5% of Item (f) for work performed by subcontractor, or 15% if performed by Contractor (h) Subtotal (i) Bond Premium, not to exceed 1 % of Item (h) (j) Total h. Regardless of whether the cost of the change order is determined pursuant to 1, 2, or 3, above, in addition to the cost of the material and labor for deleted items, Contractor shall credit back overhead mark-up and the bonding mark up for deleted items at the time of the request for changes and extra work. Should Contractor claim that any instruction, request, drawing, specification, action, condition, omission, default, or other situation (i) obligates the City to pay additional compensation to the Contractor; or (ii) obligates the City to grant an extension of time for the completion of the Contract; or (iii) constitutes a waiver of any provision in the Contract, CONTRACTOR SHALL NOTIFY THE CITY, IN WRITING, OF SUCH CLAIM AS SOON AS POSSIBLE, BUT IN NO EVENT WITHIN MORE THAN FIVE (5) WORKING DAYS FROM THE DATE CONTRACTOR HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE CLAIM. CONTRACTOR SHALL ALSO PROVIDE CITY WITH SUFFICIENT WRITTEN DOCUMENTATION SUPPORTING THE FACTUAL BASIS OF THE CLAIM including in the documentation items D(3)a-j described in this Article 50 above. Contractor shall be required to certify under penalty of perjury the validity and accuracy of any claims submitted. The Contractor's failure to notify the City within such five (5) working day period shall be deemed a waiver and relinquishment of the claim against the City. If such notice be given within the specified time, the procedure for its consideration shall be as stated above in this Article. j. Costs. All costs associated with the change of work are to be included in the change order proposal to the Construction Manager. Costs may be in terms of time, money or both. k. Overhead and Profit. The term "overhead and profit" for the Contractor and any subcontractors shall be considered to include insurance other than mentioned in paragraph d. above of this Article, field and office supervisors and assistants, watchman, use of small PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-23 December 2004(Bid Submittal) December 13, 2004 tools, consumables, and general field and home office expenses, and no separate allowance will be made thereof. Daily Reports. When the price for the extra work cannot be agree upon, the Contractor shall submit a daily report to the Construction Manager on forms approved by the City. Included are applicable delivery tickets, listing of all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Construction Manager and the Contractor. In the event of disagreement, pertinent notes shall be entered by each part to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The daily reports shall include the following: 1) Show names of workers, classifications, and hours of work. 2) Describe and list quantities of materials used. 3) Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4) Describe other services and expenditures in such detail as the Construction Manager, Engineer, Public Works Director or City representative may require. m. Disputed Work. If the Contractor and the City are unable to reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Payment shall be as later determined by Arbitration, if the City and Contractor agree thereto, or as fixed in a court of law. Although not to be construed as proceeding under extra work provision, the Contractor shall keep and furnish records of disputed work in accordance with conditions stated in the Articles herein. Article 26. MATERIALS AND WORKMANSHIP a. Except as otherwise specifically stated in this Contract, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, free of defects, and workmanship shall be of good quality and in accordance with generally accepted standards. Materials and work quality shall be subject to the approval of the Construction Manager, Engineer and Public Works Director or City representative. Used or second had materials, parts, and equipment may be used only if permitted by the Drawings and Specifications. c. Materials and work quality not conforming to the requirements of the Drawings and Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Construction Manager, Engineer, Public Works Director or City representative. d. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Construction Manager, Engineer, Public Works Director, or City representative PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-24 December 2004(Bid Submittal) December 13, 2004 may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. e. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work and shall be stored properly and protected as required. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or work under this Contract. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. g. 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 attached or affixed. No materials, supplies, or equipment for work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in work and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by him, to the City free from any claims, liens, or charges. Contractor further agrees that neither he nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to lien upon premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivisions title to which is commonly retained by utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise the City as to the owner thereof. Nothing contained in this Article, however, shall defeat or impair right of persons furnishing material or labor under any bond given by Contractor for their protection or any rights under any law permitting such persons to look to funds due Contractor in hands of the City, and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material. h. Materials shall be stored on the premises in such manner so as not to interfere with the work and so that no portion of the structure shall be overloaded. i. Materials or work required or necessary to be tested shall be tested under supervision of, as directed by and at such places as may be convenient to the City and/or the City's Representatives. The required testing of all structural concrete, bituminous, paving, base, compaction, steel, and other noted materials shall be done by an approved testing laboratory as pursuant to stated Articles, herein. Tests will be made by, and at the expense of the City, after a request by the Contractor in such a number and such locations as deemed necessary by the Construction Manager, Engineer, Public Works Director or City representative to insure compliance with the Drawings and Specifications. The costs of retesting any portion of the work which had failed the initial tests taken by the City shall be borne by the Contractor. Article 27. SUBSTITUTIONS a. For purposes of this provision the term "substitution" shall mean the substitution of any PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-25 December 2004(Bid Submittal) December 13, 2004 material, process or article that is substantially equal or better in every respect to that so indicated or specified in the specifications. b. Whenever in specifications any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by words "or equal." The Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. However, the City has adopted certain uniform standards for certain materials, processes and articles. If any material, process or article offered for substitution by the Contractor is not, in the opinion of the Engineer and the City, substantially equal or better in every respect to that specified, the Contractor shall furnish the material, process or article specified. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. c. The Contractor, at its expense, shall submit requests together with substantiating data for substitution of any "or equal" material, process or article to the Construction Manager. The Contractor shall submit its request using the City's Request for Substitution form. Requests for substitutions will not be accepted during the bidding period, and all requests for substitution shall be submitted to the Construction Manager within 30 days after the award of the Contract. Provisions authorizing submission of "or equal" substitution justification data shall not in any way authorize an extension of time for performance of this Contract. Furthermore, if a proposed "or equal" substitution request is rejected, the Contractor shall be responsible for including the specified material, process or article in its Contract Price. The City shall not be responsible for any Contractor's of costs associated with "or equal" substitution requests. The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. d. For purposes of subdivision (c) above, data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that the substituted "or equal" material, process or article is equivalent to that specified in the specification in every way except as listed on the affidavit. Substantiating data shall also include any and all illustrations, specifications, and other relevant data including catalogue information which describes the requested substituted "or equal" material, process or article and substantiates that it is an "or equal" to the material process or article specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Construction Manager for evaluation by the Engineer. In addition, the submittal documentation shall also include a statement of the cost implications of the substitution being requested stating whether and why the substitution of the "or equal" material, process or article will reduce or increase the Contract Price. The substantiating data shall also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the needed substantiating data, including the signed affidavit, to the Construction Manager in a timely fashion so that the substitution can be adequately reviewed may result in the rejection of the proposed substitution. The Construction Manager, Engineer, Public Works Director or City representative are not obligated to review multiple substitution submittals for the same product or item due to the Contractor's failure to submit a complete package initially. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-26 December 2004(Bid Submittal) December 13, 2004 e. Time limitations in this Article shall be complied with strictly and in no case will an extension of time for completion be granted because of Contractor's failure to request the substitution of an alternative item at the times and manner set forth herein in subdivision (c). Further, the Contractor shall bear the costs of all Engineer and engineering work associated with the review of submittals for substitution of equals. In the event Contractor furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by Contractor. Article 28. WEIGHING AND TESTING EQUIPMENT a. All scales used for proportioning materials shall be inspected for accuracy and certified within the past twelve months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County of San Diego. b. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the Califomia Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Construction Manager for approval and shall be renewed whenever required by the Construction Manager at no cost to the City. c. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulate against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting or 1.5 percent for any batch. Testing equipment, such as, but not limited to pressure gauges, metering devices, hydraulic systems, force (load) -measuring by a testing agency acceptable to the Construction Manager at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Construction Manager. Article 29. MAIN OR TRUNK LINE UTILITIES a. The City has endeavored to determine the existence of utilities at the site of the work from the records of the owners of known utilities in the vicinity of the work. The positions of these utilities as derived from such records are shown on the plans. b. No excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing work which could result in damage to such utilities. The Contractor shall immediately notify the Construction Manager as to any utility discovered by him/her in a different position than shown on the plans or which is not shown on the plans. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-27 December 2004(Bid Submittal) December 13, 2004 c. The Contractor shall pothole, and locate, existing service lines to prevent damage and inconvenience to the public. The Contractor shall be responsible for the replacement of any disturbed utility lines and sprinkler systems as a part of this Contract, and full compensation for such work shall be considered as included in the Contract Price. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price. An existing utility which is damaged as a result of the Contractor's operations shall also be removed or replaced at the Contractor's expense. The Contractor shall contact and coordinate with the utility owner for the relocation and/or replacement of their facility within the work area. d. For the Contractor's information, the following utility companies are listed for initial contacts concerning the above requirements and coordination of new and/or existing utility operations for the project: GAS & ELECTRIC: San Diego Gas & Electric TELEPHONE: SBC SEWER: City of National City WATER: Sweetwater Authority TELEVISION: Cox Cable Television PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) San Diego, CA 92123-1550 8315 Century Park Court Attn: Dennis Gershoffer Tel: (858) 636-3980 Attn: Fred Kruse 6150 Mission Gorge Rd. Ste. 200 San Diego, CA 92120 (619) 285-6611 2100 Hoover Avenue National City, CA 91950-4397 (619) 336-4580 Attn: Russ Collins P.O. Box 2328 Chula Vista, CA 92012-2328 (619) 422-8395 Ext. 639 Fax: (619) 425-7469 Attn: John Lang 5159 Federal Boulevard San Diego, CA 92105 (619) 266-5316 GENERAL CONDITIONS 00700-28 December 13, 2004 TELEVISION: Ultronics, Inc. 581 "C" Street Chula Vista, CA 91910 Attn: Jeff Vaglio (619) 422-0776 UNDERGROUND SERVICE ALERT: 1-800-422-4133 e. Section 4216 and 4217 of the Governmental Code requires a Dig Alert Identification Number be issued before a "Permit to Excavate" will be valid. For your Dig Alert I.D. Number call Underground Service Alert Toll Free 1-800-422-4133 two working days before you dig. g. California Assembly Bill 3020 made it mandatory for all those who plan to do any digging or excavating to inform a regional notification center at least two days in advance. Failure to do so can result in a fine of several thousand dollars and in addition, the Contractor could be charged for the repair of any damages to the underground facilities. Copies of the construction drawings have been sent to the various utilities for their use in determining any necessary relocation of facilities. Additionally, a request has been made to check said drawings for errors, omissions or discrepancies. It shall be the Contractor's responsibility to contact the various utilities to determine the extent and time required for any and all relocations and for reconstruction of utility facilities. A time extension will be granted to the Contractor where utility relocations and/or reconstructions interfere with Contractor's work. h. The City shall assume the responsibility, between the parties to the Contract, for the timely removal, relocation or protection of existing main or trunk line utility facilities located on the site of any construction project that is a subject of this Agreement, if such utilities are not identified by the City in the drawings and specifications. City shall compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated on the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or owner of the utility to provide for the removal or relocation of such utility facilities. Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; however, nothing herein shall relieve the City from identifying mains or trunk lines in the drawings and specifications. The City shall reserve its right against any utility for delays which are the responsibility of the utility and for any obligation impaired on the utility either by law or by contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor, while performing the Contract, discovers utility facilities not identified by the City in the Contract Drawings or Specifications, it shall immediately notify the Construction Manager and utility in writing. k. The fact that existing utilities and improvements, either above or below the ground surface, are not shown on the drawings shall not relieve the Contractor of liability for complete and careful protection of said utilities or improvements from damage as specified herein. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-29 December 2004(Bid Submittal) December 13, 2004 I. All repairs to damaged utilities or improvements shall be inspected and approved by an authorized representative of the utility and/or improvement owner before being concealed by backfill or other work. m. In all cases of alteration or relocation of service connections, the Contractor shall notify the customer being affected a minimum of four (4) hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four (4) hours or as agreed between the parties. n. Damage to any existing utility by the Contractor that is discovered within one year after acceptance of the work by the City shall be repaired by the contractor at its expense. o. Relocation and Connection of Utilities (a) In case it should be necessary to remove, relocate, or temporarily maintain a utility because of interference with the work, the work on the utility shall be performed and paid for as follows: When it is necessary to remove, relocate or temporarily maintain a service connection, the cost of which is not required to be borne by the utility owner thereof, the Contractor shall bear all expenses incidental to the work on the service connection. The work on the service connection shall be done in a manner satisfactory to the owner thereof; it being understood that the owner of the service connection has the option of doing such work with his own forces or permitting the work to be done by the Contractor. ii. When it is necessary to remove, relocate, or temporarily maintain a utility which is in the position shown on the plans, the cost of which is notrequired to be borne by the utility owner thereof, the Contractor shall bear all expenses incidental to the work on the utility. The work on the utility shall be done in a manner satisfactory to the utility owner thereof; it being understood that the owner of the utility has the option of doing such work with his own forces or permitting the work to be done by the Contractor. When it is necessary to remove, relocate, or temporarily maintain a utility which is not shown on the plans or is in a position different from that shown on the plans and were it in the position shown on the plans would not need to be removed, relocated, or temporarily maintained, and the cost of which is not required to be borne by the owner thereof, the City will make arrangements with the utility owner of the utility for such work to be done at no cost to the Contractor, or will require the Contractor to do such work in accordance with the Articles herein or will make changes in the alignment and grade of the work to obviate the necessity to remove, relocate, or temporarily maintain the utility. Changes in alignment and grade will be ordered in accordance with the Articles herein. iv. No representations are made that the obligations to move or temporarily maintain any utility and to pay the cost thereof is or is not PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-30 December 2004(Bid Submittal) December 13, 2004 q. required to be borne by the owner of such utility, and it shall be the responsibility of the Contractor to investigate to find out whether or not said cost is required to be borne by the owner of the utility. v. The right is reserved to governmental agencies and to owners of utilities to enter at any time upon any street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the work and for the purpose of maintaining and making repairs to their property. vi. The utility owner will relocate service connections as necessary with the limits of the Work or within temporary construction or slope easements. When directed by the City, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between and meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance the provisions of the Articles herein. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The City will not be involved in any such agreement. p. Concrete. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1) Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or 2) Provide a sleeve or other opening which will result in a 2-inch minimum clear annular space between the concrete or utility: or 3) Provide other acceptable means to prevent embedment in the bonding to the concrete. 4) Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractors operations, the Contractor shall notify the Construction and arrange to secure the advise of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. Removal. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Drawings or indicated in the Documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor ascertain from the City whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Contract Price for the items of work necessitating such removals. r. Delays. The Contractor shall notify the Construction Manager of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as part of the construction schedule required in the Articles herein. The Contractor shall notify the Construction Manager in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-31 December 2004(Bid Submittal) December 13, 2004 The Contractor will not be entitled to damages of additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with the Articles herein. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interferences by utilities in performing work correctly shown on the Drawings. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alteration not covered by the Articles herein, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount, as the City may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. s. Cooperation. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. Article 30. CONSTRUCTION PROGRESS SCHEDULE AND COMMENCEMENT OF WORK a. Estimated Schedule. Within fourteen (14) calendar days after the effective date of the Notice to Proceed, Contractor shall prepare an estimated progress schedule and shall submit same to Construction Manager for approval. The schedule shall clearly identify all staffing and other resources which in the Contractor's judgment are needed to complete the Project within the time specified for completion. The schedule shall include milestones and shall include the "critical path" of construction. Such schedule shall be submitted to Construction Manager, Public Works Director and Engineer for approval. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. The City's approval of the progress schedule does not relieve the Contractor of any such responsibility. Contractor's failure to incorporate all elements of work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all work required for a completed Project within the specified Contract time period, notwithstanding the City's acceptance of the schedule. If the required schedule is not received by the time the first payment request is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City. Prior to each periodic payment, the Contractor shall submit an updated progress schedule, for review and acceptance by the City. b. Special Events. The City reserves the right to make reasonable changes in the schedule to avoid conflict with special events. c. Schedule Contents. The schedule shall allow enough time for inclement weather. Such schedule shall indicate graphically the beginning and completion dates of all phases of construction, shall indicate the critical path for all critical, sequential time related activities, submittal of shop drawings, and procurement of materials and equipment. All required schedules shall indicate "float time" for all "slack" or "gaps" in the non -critical activities. Submitted construction schedules shall have a duration to match the Contract time. Excess time may be picked up with "float time" if needed or desired by the Contractor. A "bar chart" in reasonably complete detail shall show critical path items. All required schedules shall be periodically updated to reflect changes in the status of the job, including weather delays. At a minimum, the Contractor shall be required toprovide and keep updated a monthly PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-32 December 2004(Bid Submittal) December 13, 2004 schedule in order to prevent delay claims. d. Contract Time. Unless otherwise provided herein, the Contract time shall commence upon the date of issuance of a Notice to Proceed. The Work shall start within 14 days thereafter, and be diligently prosecuted to completion within the time provided in the Contract. Of the Contractor desires to make a major change in the method of operations after commencing construction, of if the schedule fails to reflect the actual progress, the Contractor shall submit to the Construction Manager a revised construction schedule in advance of beginning the revised operations. Article 31. PROSECUTION OF WORK a. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the City determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders fromthe Construction Manager, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contract Price. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Construction Manager, The Construction Manager, The Construction Manager may suspend the Work in whole or part, until the Contractor takes said steps. b. As soon as possible under the provisions of the Contract, the Contractor shall backfill all excavations and shall restore to usefulness all improvements existing prior to the start of the Work. c. If Work is suspended through no fault of the City, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the City may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. Article 32. SUSPENSION OF WORK a. City's Interest. The Work may be suspended in whole or in part without cause, or when determined by the Construction Manager that the suspension is necessary in the interest of the City. The Contractor shall comply immediately with any written order of the Construction Manager. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise noted in the Articles herein. b. Archaeological and Pale -ontological Discoveries. If discovery is made of items of archaeological or pale -ontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the City. When resumed, excavation operations within the area of discovery shall be as directed by the City. Discoveries which may be encountered may include, but not limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of the Articles herein. Article 33. CITY'S RIGHT TO TERMINATE CONTRACT a. The City may, without prejudice to any other right or remedy, serve written notice upon PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-33 December 2004(Bid Submittal) December 13, 2004 Contractor and its surety of its intention to terminate this Contract if the Contractor (i) refuses or fails to prosecute the work or any separable part thereof with such diligence as will insure its completion within the time specified or any extension thereof, or (ii) fails to complete said work within such time, or (iii) if the Contractor should file a bankruptcy petition or be adjudged a bankrupt, or (iv) if it should make a general assignment for the benefit of its creditors, or (v) if a receiver should be appointed on account of its insolvency, or (vi) if it should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled. workers or proper materials to complete the work in time specified, or (vii) if it should fail to make prompt payment to subcontractors or for material or labor, or (viii) persistently disregard laws, ordinances or instructions of the City or those of City's Representatives, or (ix) otherwise be guilty of a substantial violation of any provision of the Contract, or (x) if it or its subcontractors should violate any of the provisions of this Contract. The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) calendar days after the service of such notice, such condition shall cease or such violation shall cease and satisfactory arrangements for the correction thereof be made, this Contract shall, upon the expiration of said ten (10) calendar days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until work is finished. In event of any such termination, the City shall immediately serve written notice thereof upon surety and Contractor written notice of termination stating that the contract has ceased and is terminated. Surety shall have the right to investigate, take over and perform this Contract, provided, however, that if Surety, within fifteen (15) calendar days after service upon it of said notice of termination, does not give the City written notice of its intention to take over and perform this Contract and does not commence performance thereof within twenty (20) calendar days from the date of service upon it of such notice of termination, theCity may take over the work and prosecute same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor. Contractor and its surety shall be liable to the City for any excess cost or other damages occasioned the City thereby. If the City takes over the work as herein above provided, the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary therefore. If Surety does not perform the Project work itself, the Surety shall consult with the City regarding its planned choice of a contractor or contractors to complete the Project, and upon request by City, Surety shall provide City evidence of responsibility of Surety's proposed contractor or contractors. City shall be entitled to reject Surety's choice of contractor or contractors if City determines in its sole discretion that the contractor or contractors are non -responsible. If Surety provides City written notice of its intention to take over and perform this Contract, within fifteen (15) calendar days of such written notice of intent to take over and perform, Surety or its chosen contractor or contractors (if such contractor or contractor's are approved by City) shall provide City a detailed Progress Schedule as specified in Article 8 above. Contractor and its surety shall be liable to City for any excess cost or other damages occasioned the City as a result of Surety or Surety's contractor or contractor's takeover and performance. b. If the unpaid balance of the Contract Price exceeds the expense of finishing work, including compensation for additional Engineering, managerial, and administrative services, such excess shall be paid to Contractor. If such expense shall exceed such unpaid balance, Contractor shall pay the difference to the City. Expense incurred by the City as herein provided, and damage incurred through Contractor's default, shall be certified by the Construction Manager. c. Should the City determine that environmental considerations mandate that the underlying PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-34 December 2004(Bid Submittal) December 13, 2004 Project should not go forward, City may notify Contractor that this Contract is terminated due to environmental considerations and City shall only be obligated to pay Contractor for the work that Contractor had performed at the time of notification of termination of this Contract for environmental considerations. d. Termination For Convenience: The City may terminate performance of the work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective Date of such termination. After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations: 1. Stop Work as specified in the Notice. 2. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. 3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. 4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated. 5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. 6. Submit to the City, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) calendar days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs occasioned by the City's Termination for Convenience." Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed. In the event that the City exercises its right to terminate this Contract pursuant to this provision, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, all actual reimbursable costs incurred according to the provisions of this Contract. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-35 December 2004(Bid Submittal) December 13, 2004 e. Termination of Contract by Contractor: The Contractor may terminate the Contract upon ten (10) calendar days written notice to the City, whenever: (1) the entire Work has been suspended for ninety (90) consecutive days through no fault or negligence of the Contractor, and notice to resume the Work or to terminate the Contract has not been received from the City within this time period; or (2) the City should fail to pay the Contractor any substantial sums due it in accordance with the terms of the Contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claims against the City except for Work performed as of the date of termination. f. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. g• Notwithstanding the foregoing provisions, this Contract may not be terminated or modified where a trustee -in -bankruptcy has assumed the Contract pursuant to 11 U.S.C. Section 365 (Federal Bankruptcy Act). Article 34. DELAYS AND EXTENSIONS OF TIME a. Unforeseen Events. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to such delays, except as provided in the Articles herein. Such unforeseen events may include war, government regulations, labor disputes strikes, fires, floods, freight embargoes, epidemics, quarantine restrictions, severe adverse weather or elements, necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Contract Documents. Contractor shall abide by Construction Manager's determination of what constitutes inclement weather based upon the Inspector's or geotechnical engineer's recommendation. A bad weather day is a day when the weather causes unsafe work conditions or is unsuitable for work that should not be performed during inclement weather (i.e., exterior finishes), and shall include consideration when rain days exceed the normal frequency and amount based on the closest weather station data averaged over the past three years, for the period of this Contract and when Contractor can show that such rain days impact the critical path. Time extensions shall only be granted when the work that is stopped during inclement weather is on the critical path of the Project schedule. Contractor shall be expected to perform all work he can possibly complete during inclement weather (i.e., interior work), No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Construction Manager documentary proof. The proof shall be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the City may deem an extension of time to be in the best interests of the City. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in the Articles herein. If delays beyond the Contractor's control are caused solely by action or inaction by the City, such delays will entitle the Contractor to an extension of time as provided by the Articles PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-36 December 2004(Bid Submittal) December 13, 2004 herein. b. Extension of Time. Contractor shall within five (5) calendar days of the beginning of any delay (unless the City grants a further period of time prior to date of final settlement of the Contract) notify the City in writing of causes of delay. The Construction Manager will thereupon the City shall ascertain the facts and extent of delay, and respond in writing within five (5) working days of the date of receipt of the request, and grant extension of time for completing work when, in its judgment, the findings of fact justify such an extension. The City's findings of fact thereon shall be final and conclusive on parties hereto. In case of a continuing cause of delay, only one claim is necessary. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. Regardless of the schedule submitted by Contractor, no delay claims will be accepted by the City unless the event or occurrence delays the completion of the Project beyond the contractual completion date. Extension of time, if granted, shall follow the change order process. c. Days for Completion of Work. The Contractor shall complete the work within the working days shown below, after the commencement date specified in the Notice to Proceed as follows: The BASE BID work shall be completed in every detail to the satisfaction of the City within ONE HUNDRED AND TWENTY (120) WORKING DAYS after the date of the NOTICE TO PROCEED. The Additive Alternate's work shall be completed in every detail to the satisfaction of the City within the time indicated after each NOTICE TO PROCEED and after the work of the BASE BID has been completed, as follows for each one: Additive Alternate 1 Thirty (30) working days Additive Alternate 2 Thirty (30) working days Additive Alternate 3 Twenty (20) working days Additive Alternate 4 Seventy five (75) working days Additive Alternate 5 Sixty (60) working days Additive Alternate 6 Thirty (30) working days Additive Alternate 7 Forty Five (45) working days Additive Alternate 8 Twenty (20) working days Additive Alternate 9 Twenty (20) working days Additive Alternate 10 Forty (40 working days d. No Damages for Delay. The City's liability to Contractor for delays for which the City is responsible shall be limited to an extension of time for delays unless such delays were unreasonable under the circumstances involved and were not within the contemplation of the parties when the Contract was awarded. Contractor agrees that the City shall determine the actual costs to Contractor of any delay for which Contractor may claim damages from the City. Such costs, if any, shall be directly related to the Project, and shall not include costs that would be borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and ongoing insurance costs. The City shall not be liable for any damages which the Contractor could have avoided by any reasonable means including, but not limited to, the judicious handling of forces, equipment, or plant. e. Written Notice and Report. If the Contractor desires payment for a delay as specified herein, or an extension of time, it shall file with the Construction Manager a written request and report of cause within 30 days after the beginning of the delay. The request for PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-37 December 2004(Bid Submittal) December 13, 2004 payment or extension shall be made at least 15 days before the specified completion date. Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the City to consider such request. Article 35. TIME FOR COMPLETION a. Time for Completion. Work shall be commenced on or before the date stated in the City's notice to the Contractor to proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project and the Contract completion date shall not be amended by the City's acceptance of the Contractor's proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances receive additional compensation from the City for indirect, general, administrative or other forms of overhead costs for the period between the time of earlier completion proposed by the Contractor and the official Contract completion date. b. Working Days. The time of completion of the Contract shall be expressed in work days. A working day is any day within the period between the start of the Contract time as defined herein and the date provided for completion, or upon field acceptance by the Construction Manager for all work provided for in the Contract, which occurs first, other than: 1) Saturday. 2) Sunday. 3) Any day designated as a holiday by the City. 4) Any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor's association. c. Contract Time Accounting. The Construction Manager will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. Article 36. COMPLETION AND ACCEPTANCE. a. The Work will be inspected by the City for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. If, in the City's judgment, the Work has been completed and is ready for acceptance, it will so certify to the City Council, which may accept the completed Work. The Public Works Director will, in its certification to the City Council, give the date when the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect the Work. b. 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 the end of the job before the work can be accepted. This includes removal of temporary utilities, haul routes, temporary fences, field offices, detours, stockpiles, surplus materials, debris, scrap, replacement of landscaping where it has been temporarily removed, and street cleaning. Final acceptance of work will be withheld until the Contractor has PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-38 December 2004(Bid Submittal) December 13, 2004 satisfactorily complied with all of the requirements for final cleanup of the project structures and site. This includes cleanup of City streets as well, where dirt or other deposits have accumulated as a result of the operations. c. Disposal of all waste and refuse shall be at the Contractor's expense. No waste or rubbish of any nature shall be buried or otherwise disposed of at the site. d. When the Work is completed satisfactorily, and in accordance with the terms of the Contract, the Contractor shall submit a written request to the Construction Manager for the final inspection. Upon receiving such notification from the Contractor, the Construction Manager will arrange for the final inspection of the work. The representative of the Contractor and the subcontractors should participate in the inspection tour to respond to any questions that may be raised by the Construction Manager, Engineer and City e. 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. f. Following the pre -final inspection of the work, the Construction Manager, Engineer and City 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. g. When notified by the Contractor that all of the pre -final Punch List items have been completed, the Construction Manager accompanied by the Engineer, representatives of the City 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. h. 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 Construction Manager 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. i. Upon the completion of work, the Contract Manager and City willprepare the Contract Final Balance and will submit it to the Contractor for their approval. j• The project will be scheduled for the City Council's acceptance if the following items are satisfactorily met: 1) The work has been completed satisfactorily, and in accordance with the terms of the contract. 2) All of the Punch List items have been completed and accepted by the Construction Manager, Engineer and the City. 3) Record drawings have been submitted and accepted by the Construction Manager, Engineer and the City. 4) All of the payroll records (Contractor and subcontractors) have been submitted and accepted by the City. 5) Operating manuals and instructions for equipment items, keying schedule, maintenance stock items, certifications of inspection, and systems validation have been submitted. 6) Guarantee and Warranty Agreements have been submitted. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-39 December 2004(Bid Submittal) December 13, 2004 7) Contractor's Certificate of Completion, Affidavit of Disposal, Affidavit of Payment, Consent of Surety for Final Payment have been signed and submitted to the Construction Manager. 8) Contract Final Balance has been approved or conditionally approved by the Contractor and submitted to the Construction Manager. Article 37. LIQUIDATED DAMAGES. If the work is not completed in accordance with the foregoing, it is understood that the City will suffer damage. It being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of one -thousand dollars ($1,000.00) for each calendar day of delay until work is completed and accepted. Contractor and his Surety shall be liable for the amount thereof. Any money due or to become due the Contractor may be retained to cover said liquidated damages. Should such money not be sufficient to cover said liquidated damages, the City shall have the right to recover the balance from the Contractor or his Sureties, who will pay said balance forthwith. Regardless of the schedule submitted by Contractor, no delay claims shall be accepted by the City unless the event or occurrence delays the completion of the Project beyond the contractual completion date. Article 38. USE OF IMPROVEMENTS DURING CONSTRUCTION a. The City reserves the right to take over, occupy and utilize all or part of any facility or appurtenance at any time before completion. Such take over or occupancy shall not constitute final acceptance of any part of work covered by this Contract. The Contractor will be notified in writing in advance of such action. Such action by the City will relieve the Contractor of responsibility for injury or damage to said portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to re -clean such portions of the improvement before City acceptance, except for cleanup made necessary by its operations. Nothing in this Article shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. b. In the event the City exercises its right to place into service and utilize all or part of any completed or uncompleted facility or appurtenance, the City will assume the responsibility and liability for injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. Article 39. GUARANTEE a. Besides guarantees required elsewhere, Contractor shall, and hereby does, guarantee all work for a period of one (1) year after date of acceptance of work by the City. Contractor shall repair or replace any or all such work, together with any other work, which may be displaced in so doing that may prove defective in workmanship and/or materials within a two-year period from date of acceptance without expense whatsoever to the City, ordinary wear and tear, unusual abuse or neglect accepted. The City will give notice of observed defects with reasonable promptness. Contractor shall notify the City upon completion of repairs. b. In the event of failure of Contractor to comply with above -mentioned conditions within one week after being notified in writing, the City is hereby authorized to proceed to have defects repaired and made good at the expense of Contractor. Contractor hereby agrees to pay PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-40 December 2004(Bid Submittal) December 13, 2004 costs and charges therefore immediately on demand. c. If, in the opinion of the City or City's Representative, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City or the City's Representative will attempt to give the notice required by this Article. If the Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this Article, proceed to make such correction or provide such attention. The costs of such correction or attention shall be charged against the Contractor. Such action by the City or its Representative will not relieve the Contractor of the guarantees provided in this Article or elsewhere in this Contract. d. This Article does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period. Contractor shall furnish the City with all appropriate guarantee or warranty certificates upon completion of the Project. Article 40. CONTRACTOR'S EQUIPMENT AND FACILITIES The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. Article 41. LABOR a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on work any unfit person or any one not skilled in work assigned to him/her. b. Any person in the employ of the Contractor whom the City or City's Representative may deem incompetent or unfit shall be dismissed from work and shall not again be employed on it except with the written consent of the City. Any person who is found to be intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed for the Work by the Contractor and shall not be reemployed on the Work. Article 42. LABOR COMPLIANCE PROGRAM a. Pursuant to Labor Code Section 1771.7, the City has implemented and shall enforce a Labor Compliance Program (LCP). The Contractor, and any subcontractors, is required to comply with the requirements of the City's LCP, and applicable provisions of the Labor Code and Federal, State, and local laws related to Labor. The Contractor hereby expressly agrees to comply with the requirements of the City's LCP, and applicable provisions of the Labor Code and Federal, State, and local laws related to Labor at no additional cost to the City. b. The City's LCP includes, but is not limited to, provisions requiring the Contractor to comply with the prevailing rates of wages, maintenance and submission of weekly certified payroll records, employment of apprentices, compliance with legal hours of work, and debarment as set forth in the Articles herein. The City's LCP also requires the Contractor to attend a pre - construction meeting and allow City representatives to conduct on site interviews of workers to ensure that prevailing wages are being paid. Failure to comply with these provisions or PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-41 December 2004(Bid Submittal) December 13, 2004 any other provisions of the City's LCP shall result in the withholding of Contract payments by the City. The Contractor expressly acknowledges these provisions and agrees to comply with these provisions and any provisions in the City's LCP. c. The Contractor shall require subcontractors to comply with these provisions at no additional cost to the City. Article 43. PREVAILING RATES OF WAGES a. The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "pubic works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the Public Works Director's office. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws and/or the City's LCP. b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by it, or by any subcontract under it, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid Tess than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. c. As a further material part of this Contract, Contractor agrees to hold harmless and indemnify the City, its elected officials, officers, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its subcontractors to comply with the prevailing wage laws of the State of California. If the City or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its subcontractors to pay prevailing wages, Contractor agrees that the City and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the City and the other indemnified parties as billed, in addition to all other damages, fines, penalties and losses incurred by the City and the other indemnified parties as a result of the action. Article 44. PAYROLL RECORDS a. Pursuant to Labor Code Section 1776, as amended from time to time, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-42 December 13, 2004 each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records enumerated under shall be certified and submitted by the Contractor to the City by the 151h of each month. Failure to do so will delay payments to the Contractor until such certified payrolls are received by the City. The Contractor shall also provide the following: 1) A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2) A certified copy of all payroll records shall be made available for inspection or furnished upon request of the Department of Industrial Relations ("DIR"). c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE. d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor or any subcontractor performing Work on the Project shall not be marked or obliterated. e. In the event of noncompliance with the requirements of the Articles herein, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying item or actions necessary to ensure compliance with these Articles. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit Twenty-five Dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments. Article 45. EMPLOYMENT OF APPRENTICES a. The Contractor's attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the California Labor Code. b. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. c. Knowing violations of Section 1777.5 will result in forfeiture not to exceed $100 for each calendar day of non-compliance pursuant to Section 1777.7. Article 46. HOURS OF WORK PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-43 December 2004(Bid Submittal) December 13, 2004 a. Eight (8) hours of work shall constitute a legal days work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one-half times the basic rate of pay, as provided in Labor Code Section 1815. b. Generally, construction work on the Project shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m., however nothing herein shall prevent Contractor from working weekends and after school hours in order to complete the Project so long as not otherwise prohibited by law or local ordinances or regulations. Article 47. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS a. The Contractor, or any subcontractor working under the Contractor may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the California Labor Code. Any contract on a public works project entered into between the Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by the Contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. Article 48. NON-DISCRIMINATION a. Pursuant to the provisions of Labor Code Section 1735, Contractor and its subcontractor shall not unlawfully discriminate in the employment of persons on this Project because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, and sex. Article 49. WORKERS' COMPENSATION INSURANCE a. The Contractor shall provide, during the life of this Contract, workers' compensation insurance for all of the employees engaged in work under this Contract, on or at the site of the Project, and, in case any of its work is sublet, the Contractor shall require the subcontractor similarly to provide workers' compensation insurance for all the latter's employees. Contractor shall comply with Sections 3700 and 3800 of the Labor Code. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by the Contractor's insurance. In case any class of employees engaged in work under this Contract, on or at the site of the Project, is not protected under the Workers' Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of its insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Articles contained herein. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-44 December 2004(Bid Submittal) December 13, 2004 b. Before execution of the Contract by the City, the Contractor shall file with the City the following signed. certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Article 50. EMPLOYER'S LIABILITY INSURANCE Contractor shall provide during the life of this Contract, Employer's Liability Insurance in the amount of, at least, one million dollars ($1,000,000.00) per accident for bodily injury and disease. Contractor shall provide City with a certificate of Employer's Liability Insurance. Such insurance shall comply with the provisions of the Articles contained herein. Article 51. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, such comprehensive general liability insurance or commercial general liability and property damage insurance as shall protect Contractor and the City, the City's Representatives and Agents, from all claims for bodily (personal) injury, including accidental death, as well as claims for property damage arising from operations under this Contract, and other covered loss, however occasioned, occurring during the policy term. Such policy shall comply with all the requirements of this Article, and shall be in the form and amounts as set forth herein. The limits set forth shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. b. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys' fees, incurred by the City as a result thereof. c. Company or companies providing insurance coverage shall be acceptable to the City and authorized to conduct business in the State of California. d. All general liability policies provided shall comply with the provisions of the Articles contained herein. e. All general liability policies shall be written to apply to all bodily injury, including: 1) Death, property damage, personal injury, owned and non -owned equipment. 2) Blanket contractual liability, completed operations liability, explosion, collapse, trenching, excavation, digging, under -ground excavation, removal of lateral support. 3) Manufacturers' and Contractor's liability. 4) Broad form property damage in any case where the Contractor has any property belonging to the City in its care, custody, or control. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-45 December 2004(Bid Submittal) December 13, 2004 5) Owner's and Contractor's protective liability. 6) Blanket contractual liability 7) Products and completed operation coverage. Other covered losses, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in the Articles herein, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit shall remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor• to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Articles contained herein. Article 52. AUTOMOBILE LIABILITY INSURANCE a. Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount set forth in the Articles contained herein. Such insurance shall provide coverage for bodily injury and property damage including coverage for non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of the Articles contained herein. Article 53. INSURANCE LIMITS. a. Contractor shall procure and maintain, and shall require all subcontractors, if any, whether primary or secondary, to procure and maintain either: Comprehensive General Liability Insurance With a combined single limit per occurrence of not Tess than $1,000,000.00 OR AND Commercial General Liability Insurance (Including automobile insurance) which provides? limits of not less than: (a) Per occurrence (combined single limit). 1,000,000.00 (b) Project Specific Aggregate (for this Project only) (c) Products/Completed Operations (d) Personal & Advertising Injury limit Automobile Liability Insurance In the amount of not less than PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 GENERAL CONDITIONS 00700-46 December 13, 2004 per occurrence for bodily injury and property damage Builders Risk (Fire; "All Risk") in the amount of not less than 100% of the Replacement Cost. Insurance Covering Special Hazards: Following special hazards shall be covered by riders or riders to above -mentioned commercial liability insurance or property damage insurance policy or policies of insurance, or by special policies of insurance, in amounts as follows: Automotive and truck where operated in amounts as stated above. Material hoist where used in amounts as stated above. b. A combined single limit policy with aggregate limits in the amount of $2,000,000.00 will be considered equivalent to the required minimum limits. Article 54. BUILDER'S RISK [FIRE; "ALL RISK"] a. It is the Contractor's responsibility to maintain or cause to be maintained Builder's Risk [Fire; "All Risk"] extended coverage insurance on all work, material, equipment, appliances, tools, and structures which are a part of the Contract and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The Contractor is required to file with the City a certificate evidencing fire insurance coverage. b. Provide insurance coverage on completed value form, all-risk or special causes of loss coverage. 1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. 2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor's tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage. c. Company or companies providing insurance coverage shall be acceptable to the City and authorized to conduct business in the State of California. d. Such insurance shall comply with the provisions of the Articles contained herein. Article 55. PROOF OF CARRIAGE OF INSURANCE a. Contractor shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Contract, deliver to the City certificates of insurance evidencing the same, together with appropriate separate endorsements thereto, evidencing that Contractor has obtained such coverage for the period of the Contract. Contractor shall deliver certified copies of the actual insurance policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to the City within thirty (30) calendar days prior to the expiration of the term of any PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-47 December 2004(Bid Submittal) December 13, 2004 policy required herein. Contractor shall permit the City at all reasonable times to inspect any policies of insurance of Contractor which Contractor has not delivered to the City. b. Certificates and insurance policies shall include the following clause: 1) This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to the City stating date of cancellation, reduction or other adverse change respecting such insurance. The date of cancellation, reduction or adverse change may not be less than thirty (30) calendar days after date of mailing notice." c. Any notice required to be sent pursuant to this Article shall be to the City's address as shown in the Notice to Contractors Calling for Bids. d. Certificates of insurance shall state in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, and cancellation and reduction notice. All Certificates of Insurance provided by Contractor shall name the City, the Construction Manager and Engineer, and Construction Manager's and Engineer's consultants as additional insured's. e. The coverage afforded by the additional insured endorsement described in paragraph (d) above, shall apply as primary insurance, and any other insurance maintained by the City owner, the members of the City, or its officers, agents, employees and volunteers,or any self -funded program of the City, shalt be in excess only and not contributing with such coverage. This coverage must be given via ISO endorsement CG 2010 (11/85 ed.) or insurer's equivalent for coverage as respects: liability arising out of activities performed by or on behalf of the Contractors; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its board of trustees, directors, officers, employees, agents or authorized volunteers. f. Insurance carriers shall be qualified to do business in California and maintain an agent for service of process within the State. Such insurance carriers shall have not less than an "A" policy holder's rating and a financial rating of not less than "Class VII" according to the latest Best's Key Rating Guide unless otherwise approved by the City. After receiving written Notice of Cancellation of Insurance, Contractor shall have ten (10) calendar days to provide other policies of insurance similar to the canceled policies and acceptable insurance. If such replacement coverage is not provided, the City may secure insurance at the Contractor's expense. g. h. Nothing contained in the insurance requirements shall be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from operations under this Contract. J• Contractor's failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of the Contract, and the City may, at its option, terminate the Contract for any such default by Contractor. The requirements as to the types and limits of insurance coverage set forth herein and in the PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-48 December 2004(Bid Submittal) December 13, 2004 Special Conditions to be maintained by the Contractor, and any approval of said insurance by the City or its insurance Contractor(s), are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification. k. The City shall retain the right at any time to review the coverage, form, and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. I. All deviations from the contractual insurance requirements stated herein must be approved in writing by the City's risk manager. m. Included in any policy or policies of liability insurance provided by Contractor hereunder, except Workers' Compensation Insurance, shall be a standard waiver of rights of subrogation against the City, its Representatives, or Agents, by the insurance company issuing said policy or policies. n. If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: 1) The policy retroactive date coincides with or precedes Contractor's commencement of work under the Contract (including subsequent policies purchased as renewals or replacements). 2) Contractor will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Contract, including the requirement of adding all additional insured's. 3) If insurance is terminated for any reason, Contractor shall purchase an extended reporting provision of at least two years to report claims arising in connection with the Contract. o. The policy allows for reporting of circumstances or incidents that might give rise to future claims. p. Contractor shall notify the City in writing of the amount, if any, of self -insured retention provided under the General Liability coverage, with a maximum limit of $25,000. The City may approve higher retention amounts, based upon review of documentation submitted by Contractor. Such review shall take into consideration Contractor's net worth and reserves for payment of claims of liability against Contractor, which must be sufficient to adequately compensate for the lack of other insurance coverage required hereunder. Article 56. INDEMNIFICATION a. The City, the City's Representative, the Construction Manager, the Engineer, and their board members, directors, officers, employees, agents and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the Work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-49 December 2004(Bid Submittal) December 13, 2004 damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the Work. The Contractor shall be responsible for any damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the Work; provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its board members, directors, officers, employees, agents and authorized volunteers who are directly responsible to the City. b. Contractor shall indemnify the City, the Construction Manager, and their board members, directors, officers, employees, agents and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the Work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, the City's Representative, the Construction Manager, the Engineer, or their board members, directors, officers, employees, agents and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, the City's Representative, the Construction Manager, the Engineer, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, the City's Representative, the Construction Manager, the Engineer, and their board members, directors, officers, employees, agents and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, the City's Representative, the Construction Manager, the Engineer, and their board members, directors, officers, employees, agents and authorized volunteers harmless there from. 3) In the event the City, the City's Representative, the Construction Manager, the Engineer, and their board members, directors, officers, employees, agents and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, the City's Representative, the Construction Manager, the Engineer, and their Board members, directors, officers, employees, agents and authorized volunteers any and all costs and expenses incurred by the City, the City's Representative, the Construction Manager, the Engineer, and their board members, directors, officers, employees, PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-50 December 2004(Bid Submittal) December 13, 2004 agents and authorized volunteers in such action or proceeding together with reasonable attorneys fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. Article 57. PERSONAL LIABILITY a. The City, City's Representative, Public Works Director, Construction Manager, Engineer, any elected official, officer or authorized assistant or agent of the City, the City's Representative, or the Public Works Director, Construction Manager, or Engineer shall not be personally responsible for any liability arising under the Contract. Article 58. PERMITS AND LICENSES a. The City will obtain, at no cost to the Contractor, all encroachment and building permits necessary to perform the Contract Work. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting and demolition. b. The Contractor shall obtain and pay costs incurred for all Licenses necessary for prosecution of work, such as a City of National City business license. All subcontractors listed for this project shall also be required to obtain a City of National City business license. Article 59. INSPECTION FEES AND CHARGES FOR UTILITIES a. All inspection fees, temporary and permanent meters and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees, temporary and permanent meters and other municipal fees relating to permanent utilities shall be paid by the City. Contractor may either request reimbursement from the City for such fees, or obtain the funds from the City prior to paying such fees. Article 60. THE CONTRACTOR'S REPRESENTATIVE a. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it, and shall be satisfactory to the City. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. The representative shall not be changed except with the consent of the City unless the representative proves to be unsatisfactory to the Contractor and ceases to be in its employ. The representative shall carefully study and compare all Drawings, Specification, and other instructions and shall at once report to the Construction Manager of any error, inconsistency or omission which it may discover. b. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Construction PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-51 December 2004(Bid Submittal) December 13, 2004 Manager to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. c. In order to communicate with the City, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. Article 61. SEPARATE CONTRACTS a. The City reserves the right to let other contracts in connection with this work. Contractor shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly connect and coordinate his work with theirs. b. If any part of Contractor's work depends for proper execution or results upon work of any other contractor, the Contractor shall inspect and promptly report to the Construction Manager any defects in such work that renders it unsuitable for such proper execution and results. Its failure not to inspect and report shall constitute his acceptance of other contractor's work as fit and proper for reception of its work, except as to defects which may develop in the other contractor's work after execution of contractor's work. a. To insure proper execution of its subsequent work, Contractor shall measure and inspect work already in place and shall at once report to the Construction Manager any discrepancy between executed work and the Contract Documents. b. Contractor shall ascertain to his own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the City or City's Representative shall decide which Contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project, or caused by any decision or omission of the City or City's Representative respecting the order of precedence in performance of contracts. c. Should the Contractor be delayed by the City, and such delay could not have been reasonably foreseen or prevented by the Contractor, The City will determine the extent of the delay, the effect on the project, and any extension of time. Article 62. CLEAN UP AND DUST CONTROL a. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free form rubbish and debris. The Contractor shall also abate dust, nuisance, by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-52 December 2004(Bid Submittal) December 13, 2004 b. When required, the Contractor shall furnish and operate a self loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. c. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, debris and rubbish so as to present a satisfactory clean and neat appearance. AU clean up costs shall be considered as included in the Contract Price. d. No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control shall be considered as included in the Contract Price. e. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. f. Excess excavated material from catch basins or similar structures shall be removed form the site immediately. Sufficient material may remain for use as backfill if permitted by the soils engineer. Forms and lumber shall be removed from the site as soon as practicable after stripping. g. Contractor shall make every effort to recycle all designated recyclable materials as listed in the County of San Diego Mandatory Recycling Ordinance. Such materials are, but are 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 County of San Diego Mandatory Recycling Ordinance shall be provided by completing the Affidavit Disposal, regardless of disposal site. h. The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: 1) 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. 2) 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 stacked neatly concurrently with their removal. Forms and false work that are not to be re -used shall be disposed of concurrently with their removal. 3) Full compensation for conforming to the provisions in this Article shall be considered as included in the Contract Price for the various contract items of work involved and no additional compensation will be allowed. d. Site and building cleaning, and debris removal, shall be performed daily, Upon completion of work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-53 December 2004(Bid Submittal) December 13, 2004 Contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. If the Contractor fails to clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor. e. Failure of the Contractor to comply with the City's clean up order may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Article 63. AIR POLLUTION CONTROL a. The Contractor shall not discharge smoke, dust, or any other contaminants into the atmosphere in such quantity as will violate the regulation of any legally constituted authority. Article 64. VERMIN CONTROL a. At the time of acceptance, structures entirely constructed under this Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting form extermination operations. Article 65. SANITARY FACILITIES a. The Contractor shall provide temporary sanitary toilet buildings for the use of all workers and the Inspectors and Construction Manager. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL -OSHA regulation. The building shall be maintained in a sanitary condition at all times and shall be left at the site until the Inspector directs removal. Article 66. UTILITY USAGE a. All temporary utilities, including but not limited to electricity, water, gas, and telephone used on work shall be furnished and paid for by Contractor. The City will reimburse the Contractor for the Water District's cost of the water meter. Contractor shall furnish and install necessary temporary distribution systems, including temporary meters, if necessary, from distribution points to points on site where utility is necessary to carry on the work. Upon completion of work, Contractor shall remove all temporary distribution systems. b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project. c. All permanent meters installed shall be listed in the Contractor's name until completion occurs, as defined in Articles contained herein, at which time further pro -rating will be PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-54 December 2004(Bid Submittal) December 13, 2004 determined if necessary. When the City begins using the Project, charges over and above power actually used for construction will be the responsibility of the City. Article 67. COMPLIANCE WITH STATE STORM WATER PERMIT FOR CONSTRUCTION a. The Contractor shall exercise every reasonable precaution to protect channels, storm drains and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of construction those facilities which may be required to provide prevention control, an abatement of water pollution. b. Drainage control shall be maintained within and through the work areas. Work dams will not be permitted in paved areas. Temporary dams of sandbags, asphalt concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. c. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (Permit) for all construction activities. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating Work. In bidding on this Contract, it shall be Contractor's responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the contract amount. d. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Construction Manager. e. Contractor shall comply with the lawful requirements of any applicable municipality, the County, drainage City, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. f. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its Board members, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its Council members, elected officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its Council members, elected officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Articles herein, caused by Contractor's failure to comply with Permit. Article 68. SOUND CONTROL REQUIREMENTS PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-55 December 2004(Bid Submittal) December 13, 2004 a. 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. Article 69. PROTECTION OF WORK AND PROPERTY a. The Contractor shall be responsible for all damages to persons or property that occurs asa result of his fault or negligence in connection with the prosecution of this Contract. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the City. All work shall be solely at the Contractor's risk. Contractor shall adequately protect adjacent public and private property from any damage, settlement, or loss of lateral support as provided by law and the Contract Documents. Contractor shall take all necessary precautions for the safety of employees on the Project and shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to premises where work is being performed. Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a responsible member of his organization on the work, whose duty shall be prevention of accidents. The name and position of the person so designated shall be reported to the Construction Manager by Contractor. b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from either the Construction Manager, or the City, is hereby permitted to act, at its discretion, to prevent such threatened loss or injury, and it shall so act, without appeal, if so authorized or instructed by the Construction Manager or the City. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all work, materials, equipment, appliances, and tools against damage by weather conditions. c. The Contractor shall repair or replace all existing improvements within the right of way which are not designated for removal (e.g. curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system with the right of way shall be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. d. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. e. The Contractor shall give reasonable notice to occupants or owners of adjacent private or public property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right of way which are designated for removal and would be destroyed because of the Work. f. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, adjoining property, and structures, and to avoid damage thereto, and repair any PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-56 December 2004(Bid Submittal) December 13, 2004 damage thereto caused by construction operations. Contractor shall: 1) Enclose working area with a substantial barricade, arrange work to cause minimum amount of inconvenience and danger to the public and adjacent property owners including advance notification of any impending work and duration of time; care in access to and from private or public property with equipment, materials or personnel; prompt restoration of damaged or removed property; and reasonable hours of work. 2) Replace all damaged or removed public or private asphalt paving, PCC paving, landscaping and other public or private improvements which are damaged or removed. Replacement shall be in accordance with, and to the satisfaction of the City. 3) Provide substantial barricades around any shrubs or trees indicated to be preserved. 4) Deliver materials to the construction area over a route designated by both the Construction Manager and the City. When directed by the City, take preventive measures to eliminate objectionable dust and follow SCAQMD air quality regulations as appropriate. 6) Confine Contractor's apparatus, the storage of materials, and the operations of his workers to limits indicated by law, ordinances, permits, or directions of the Construction Manager. Contractor shall not unreasonably encumber premises with its materials. Contractor shall enforce all instructions of the Construction Manager regarding signs, advertising, fires, danger signals, barricades, and smoking and require that all persons employed on work comply with all regulations while on construction site. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, licensed in the State of California, at no cost to the City. d. All costs for protecting, replacing, removing and restoring damaged items shall be included in the Contract Price. Article 70. TRAFFIC AND ACCESS a. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, vehicular and pedestrian traffic shall be permitted to pass through the Work, or an approved detour shall be provided. b. Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants, commercial and industrial establishments, churches, schools, and parking lots, service stations and motels, hospitals, police and fire stations, and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the City. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-57 December 2004(Bid Submittal) December 13, 2004 c. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 300 feet shall be maintained unless otherwise approved by the City. d. Vehicular access to driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. e. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. f. Grading operations, road excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. g. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One-half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. h. The Contractor shall provide and maintain a twelve -foot wide lane for through traffic at all times. j• Upon completion of each days work, the Contractor shall be responsible for leaving the work area free of hazards and shall provide all necessary temporary signs, warning devices and barricades. Access is to be provided for all adjacent residences and businesses during none construction hours. Traffic control shall conform to the provisions of Section 7-1.08, "Public Convenience", Section 7-1.09, "Public Safety" and Section 12, "Construction Area Traffic Control Devices" of the Cal Trans Standard Specifications (July, 1995) and these supplemental provisions. Traffic control devices shall be installed in conformance with the current edition of the "Manual of Traffic Control Devices" as published by Cal Trans. Where reference is made to the "State", it shall be understood that reference is to the City of National City. k. Payment for all labor, materials and equipment used for compliance with this section shall be considered as included in the Contract Price. Five (5) days after the execution of the Contract, the Contractor shall submit a Traffic Control Plan to the City which will review the plan within five (5) working days of each submittal. Work shall not be commenced prior to the City's approval of the Traffic Control Plan. m. The Traffic Control Plan shall be in accordance with the Traffic Control Plans in the San Diego Regional Standard Drawings. Each phase of the project shall have a separate plan as necessary. Five copies of the final approved Traffic Control Plan shall be furnished to the City at least one week prior to the beginning of work.The plan shall PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-58 December 2004(Bid Submittal) December 13, 2004 be prepared by qualified professionals (Traffic Engineers, Civil Engineers, or by Traffic Control Specialists). n. The Contractor shall be responsible for maintenance of any and all traffic control devices (signs, delineators, barricades, etc.) that are required by the Traffic Control Plan. The Contractor shall ensure that all devices are maintained in the proper location during holiday, overnight, and on weekends. o. Should it become necessary to use City forces to maintain the traffic control devices, the Contractor will be billed at the overtime rate for two (2) maintenance workers and a vehicle (minimum, two (2) hours per call). P. Construction work is to be performed only during the hours between 7:00 am and 5:00 pm, Monday through Friday, unless special permission has been obtained from the City. Unless otherwise authorized by the City, the contractor will not be allowed to work during special events in the vicinity of the projects location. q. Written notices shall be given to all residents and businesses impacted by the construction work. Said notices shall include the hours and days of work, the date of beginning the work, the estimated date of completion and the type to be done. Contractor shall submit a sample notice and distribution list to the City which will review and approve it prior to distribution. Notice shall be in both English and Spanish. Article 71. STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREETS a. Approval in writing shall be obtained from the City to store equipment or materials within public rights of way. Article 72. STREET CLOSURES, DETOURS AND BARRICADES a. Streets shall not be closed to traffic unless special approval in advance has been obtained from the City. b. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barrier, guards, lights, signs, temporary bridges, flag persons, and watch persons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. c. At least 48 hours in advance of closing partially closing or reopening, any street, alley, or other public thoroughfare, the Contractor shall notify the Police, Fire, Traffic and Engineering Departments, and comply with their requirements. Deviations shall first be approved in writing by the City. d. The contractor is responsible for posting "no parking" signs on any section of street where such a prohibition is necessary to allow the work to be accomplished. The number of "no parking" signs required to provide adequate notice will be determined by the contractor and approved by the Engineer. Generally, signs shall be not greater than fifty (50) feet apart and face oncoming traffic. Such signs shall also give specific information as to the dates and times when parking is prohibited, and shall be posted three (3) calendar days before the effective date. If weather or other circumstances PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-59 December 13, 2004 prevent work from being finished before expiration of the posted parking ban, new signs with revised "no parking" information shall be posted at least forty-eight (48) hours before any tow-aways by the Police Department are requested. It is the contractors responsibility to contact the Police Department and arrange for tow-aways and such arrangements shall be made no later than the day before tow-aways will be needed on any section of street. e. For the convenience to the Contractor in complying with the provisions of this section, the following telephone numbers are listed. If the above telephone numbers are changed, the Contractor is not relieved of responsibility for notifying the various departments. Emergency: 911 Fire Department: 336-4550 Police Department: 336-4400 Engineering Department: 336-4380 Public Works Department: 336-4580 Article 73. SAFETY a. The Contractor shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 USC, Section 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. b. 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 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 itself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth herein. c. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall submit four (7) copies of the safety program to the City for review prior to the start of Construction. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. d. The duty of the City 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. e. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Construction Manager, or City's representative. In addition, the Contractor shall 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. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-60 December 2004(Bid Submittal) December 13, 2004 f. Notwithstanding the Contractor's primary responsibility for safety on the job site when the Contractor is not present, the City, at its option after attempting to contact the Contractor, may direct City forces to perform any functions it 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 Public Works Director shall be final in determining whether or not an unsafe situation exists. g. Article 74. TRENCHES a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. The plan shall be prepared by a registered civil or structural engineer. As part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with CAL -OSHA Construction Safety Orders, or stating that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. Trenches in public right of way shall not be permitted to remain open after work hours and during the night. The Contractor shall backfill, or cover, trenches at the end of the work day by the use of temporary resurfacing or steel plates. 1) All shoring submittal shall include surcharge loads from adjacent embankments, construction loads and spoil . bank. Submittal shall indicate minimum horizontal distance from top of trench to edge of all surcharge loads for all cases of shoring and side slopes. 2) Nothing in this Article shall relieve Contractor of the full responsibility for providing shoring, bracing sloping, or other provisions adequate for worker protection. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. No excavation of such trench or trenches shall be commenced until said plan has been accepted by the City or the person to whom authority to accept has been delegated by the City. b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: 1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class 111 disposal site in accordance with provisions of existing law. 2) Subsurface or latent physical conditions at the site differing from those indicated. 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-61 December 2004(Bid Submittal) December 13, 2004 The City will promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order under the procedures described in the Contract. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. Article 75. REGIONAL NOTIFICATION CENTER - EXCAVATIONS a. Contractor, except in an emergency, shall contact the appropriate regional notification center at least two working days prior to commencing any excavation if the excavation will be conducted in an area or in a private easement which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced and carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor. b. Emergency shall be defined as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage (Government Code Section 4216). c. Subsurface installation means any underground pipeline, conduit, duct, wire, or other structure operated or maintained in or across a public street or public right of way (Government Code Section 4216). Article 76. REMOVAL OF HAZARDOUS MATERIALS a. Since removal and/or abatement of Asbestos, PCBs and other toxic wastes and hazardous materials is a specialized field of work with specialized insurance requirements, unless otherwise specified in the Contract Documents, the City shall contract directly for such specialized services, if required, and shall not require the Contractor to subcontract for such services. b. In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the City and the Construction Manager in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos or PCB and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or PCB, or when it has been rendered harmless, by written agreement of the City and Contractor, or by arbitration under the Articles contained herein. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-62 December 2004(Bid Submittal) December 13, 2004 Article 77. EXPLOSIVES a. The use of explosives is not permitted on the project site. Article 78. SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES a. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shallbe requested by the Contractor from the manufacturer of any hazardous products used. b. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. c. The Contractor shall notify the City if a specified product cannot be used under safe conditions. Article 79. CONFINED SPACES a. The Contractor shall be responsible for implementing, administering, and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157, Title 8, CCR. b. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the City. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1) Training of personnel. 2) Purging and cleaning the space of materials and residue. 3) Potential isolation and control of energy and material inflow. 4) Controlled access to the space. 5) Atmospheric testing of the space. 6) Ventilation of the space. 7) Special hazards consideration. 8) Personal protective equipment. 9) Rescue plan provisions. c. The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project that will have CSEP responsibilities their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. d. Entry into permit required confined spaces as defined in Section 5157, Title 8, CCR may be required as part of the Work. All manholes, tanks, vaults, pipeline excavations, or other enclosed or partially enclosed spaces shall be considered permit required confined spaces until the .pre -entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit required confined space. A copy of the permit shall be available at all times for review by Contractor and City personnel at the Work site. e. All costs for labor and equipment to implement the CSEP work shall be included in the Contract Price. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-63 December 2004(Bid Submittal) December 13, 2004 Article 80. PATENTS, ROYALTIES, AND INDEMNITIES a. The Contractor shall indemnify, defend and hold the City and Council members, elected officers, agents, and employees harmless from liability of any nature or kind, including cost and expense, for or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of this Contract, including its use by the City, unless otherwise specifically stipulated in the Contract Documents. Article 81. ADVERTISING a. The names, addresses, and specialties of contractors, subcontractors, Engineers, or engineers may be displayed on removable signs. The size and location shall be subject to the City's approval. b. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. Article 82. LAWS AND REGULATIONS a. These Contract Documents shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of these Contract Documents, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. Except as otherwise provided in these Contract Documents, in the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. b. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. c. Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on conduct of work as indicated and specified. If Contractor observes that Drawings and Specifications are at variance therewith, it shall promptly notify the Construction Manager in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Construction Manager, it shall bear all costs arising thereof. d. Contractor shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 USC §12101 et seq.). Installations of equipment and other devices shall be in compliance with ADA regulations. Article 83. INTEGRATION a. No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the Contract Documents and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-64 December 2004(Bid Submittal) December 13, 2004 any act whatsoever, except by a waiver or modification thereof in writing and signed by the authorized representative of the City and the Contractor. b. The Contract Documents represent the entire understanding of the City and Contractor as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered by the Contract Documents. Article 84. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY a. Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract. Article 85. PROHIBITED INTERESTS a. No official of the City, and no City Representative who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Project, shall be or become directly or indirectly interested financially in this Contract or in any part thereof. No officer, employee, Construction Manager, Engineer, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory or other similar functions in connection with construction of the Project, shall become directly or indirectly interested financially in this Contract or in any part. Article 86. COMPLIANCE WITH DTSC GUIDELINES —IMPORTED SOILS a. If the Project requires the use of imported soils, the Contractor shall be responsible to use and shall certify that the imported material it uses is free of any hazardous and/or toxic substance or material of any nature or type as defined in accordance with California Law and the California Health and Safety Code. The City reserves the right to reject any imported material that has come from agricultural or commercial land uses. Contractor must notify the City of the source of material and comply with the San Diego Regional Water Quality Control Board Resolution 95-63 and when applicable, with the guidelines of the Department of Toxic Substances Control (DTSC). Article 87. DRUG -FREE WORKPLACE, NO ASBESTOS CERTIFICATION a. Contractor shall, for all contracts involving state funds, submit a "Drug -Free Workplace Certification." This form is included in the Contract Documents and must be signed under the penalty of perjury and dated prior to commencing work on this Project. b. In addition to the above listed certification, Contractor shall, for all contracts involving state funds, execute and submit an "Asbestos -Free Materials Certification." Contractor, further, is aware of the following: c. Should asbestos containing materials be installed by the Contractor in violation of this certification, or if removal of asbestos containing materials is part of the Project, decontaminations and removals will be performed in accordance with the requirements of all applicable laws and will meet the following criteria: PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-65 December 2004(Bid Submittal) December 13, 2004 1. Decontamination and removal of work found to contain asbestos or work installed with asbestos containing equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of asbestos abatement and accredited by the Environmental Protection Agency (EPA). 2. The asbestos removal contractor shall be an EPA accredited contractor qualified in the removal of asbestos and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final determination in this matter. 3. The asbestos consultant shall be chosen and approved by the City which shall have sole discretion and final determination in this matter. 4. The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant. d. If removal of asbestos containing materials is part of the Project, the cost of all asbestos removal, including, but not necessarily limited to the cost of the asbestos removal contractor, the cost of the asbestos consultant, analytical and laboratory fees, time delays and additional costs that may be incurred by the City shall be borne entirely by the Contractor. e. Hold Harmless: Interface of work for the Project with work containing asbestos shall be executed by the Contractor at his/her risk and at his/her discretion with full knowledge of the currently accepted standards, hazards, risks and liabilities associated with asbestos work and asbestos containing products. By execution of the Contract, the Contractor acknowledges the above and agrees to the fullest extent permitted by law to hold harmless the City, its Governing Board, employees, agents, representatives, including its Engineer and assigns, for all asbestos liability which may be associated with this work. The Contractor further agrees to instruct his/her employees with respect to the above -mentioned standards, hazards, risk and liabilities. Article 88. ASSIGNMENT OF ANTITRUST ACTIONS a. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works Contract or subcontract to supply goods, services, or materials pursuant to a public works Contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. Article 89. NOTICE OF TAXABLE POSSESSORY INTEREST a. The terms of this document may result in the creation of a possessor's interest. If such a possessor interest is vested in a private party to this document, the private party may be subjected to the payment of personal property taxes levied on such interest. Article 90. EXCISE TAXES a. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-66 December 2004(Bid Submittal) December 13, 2004 sale to a state or local government for its exclusive use, the City, upon request, will execute a certificate of exemption which will certify (1) that the City is a political subdivision of the state for the purposes of such exemption and (2) that the sale is for the exclusive use of the City. No excise tax for such materials shall be included in any bid price. Article 91. CUTTING AND PATCHING a. Contractor shall do all cutting, fitting, or patching of work as required making all construction parts come together properly, fit to receive, or be received, work of other contractors showing upon, or reasonably implied by the Drawings and Specifications for the completed structure. Contractor shall make good after them as the Construction may direct. b. All cost caused by defective or ill-timed work shall be borne by party responsible thereof. c. Contractor shall not endanger any work by cutting, excavating, or otherwise altering work and shall not cut or alter work of any other contractor save with written consent of the Engineer. Article 92. CONSTRUCTION MANAGER'S FIELD OFFICE a. The Contractor shall providefor the use of the Construction Manager a separate trailer or temporary private office of not Tess than one -hundred and seventy-five square feet of floor area to be located as directed by the Construction Manager and to be maintained until removal is authorized by the Construction Manager or the City's representative. The Office shall be clean, and of substantial, waterproof, and insulated construction with adequate natural light and ventilation by means of stock design windows, with window blinds. Door shall have a key -type lock or padlock hasp. The office shall have lighting, four duplex convenience outlets, heating and air-conditioning, and shall be equipped with a telephone, a telephone answering machine, and separate lines for the telephone, internet access, and fax machine at the Contractor's expense. b. A table(s) satisfactory for the study of plans, a 6-foot long desk, wall shelves, plan rack, lockable four drawer metal filing cabinet, water cooler with drinking water, and three cushioned chairs shall be provided by the Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, drinking water, and adequate heat and air conditioning for the office until authorized removal. Article 93 DEDUCTIONS OF CONTRACT PRICE FOR UNCORRECTED WORK a. If the City in consultation with the Construction Manager and Engineer deems it inexpedient to correct work injured or not done in accordance with the Contract, an equitable deduction from the Contract Price shall be made thereof. Article 94. COST BREAKDOWN AND PERIODIC ESTIMATES a. Contractor shall furnish on forms approved by the City: 1) Within ten (10) calendar days of award of Contract a complete breakdown of Contract Price; and 2) A periodical itemized estimate of work done for the payments thereon; PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) detailed estimate giving a purpose of making partial GENERAL CONDITIONS 00700-67 December 13, 2004 Within ten (10) calendar days of request by the City, a schedule of estimated monthly payments which shall be due it under the Contract. b. Values employed in making up any of these schedules will be used only for determining basis of partial payments and will not be considered as fixing a basis for additions to or deductions from Contract Price. Article 95. PAYMENTS a. Each month within thirty (30) calendar days after receipt of an undisputed and properly submitted payment request, there shall be paid to Contractor a sum equal to ninety percent (90%) of the value of work performed up to the last day of the previous month, less the aggregate of previous payments. Monthly payments shall be made only on the basis of monthly estimates of work completed and installed which shall be prepared by Contractor on a form approved by the City and filed with the City before the last Friday day of the month during which payment is to be made. Work completed as estimated shall be an estimate only and no inaccuracy or error in said estimate shall operate to release Contractor or any bondsman from damages arising from such work or from enforcing each and every provision of this Contract and the City shall have the right subsequently to correct any error made in any estimate for payment. Contractor shall not be entitled to have any payment estimates processed or be entitled to have any payment made for work performed so long as any lawful or proper direction concerning work, or any portion thereof given by the City, Construction Manager and/or Engineer shall remain uncompleted. b. The final payment of ten percent (10%) of the value of work done under this Contract, if unencumbered, shall be made within sixty (60) calendar days after the date of completion of the work, provided however, that in the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed one hundred and fifty percent (150%) of the disputed amount. Completion means any of the following as provided by Public Contract Code Section 7107: 1) The occupation, beneficial use, and enjoyment of a work of improvement, excluding any operation only for testing, startup, or commissioning, by the public agency, or its agent, accompanied by cessation of labor on the work of improvement. 2) The acceptance by the public agency, or its agent, or the work of improvement. 3) After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 100 calendar days or more, due to factors beyond the control of the Contractor. 4) After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 30 calendar days or more, if the public agency files for record a notice of cessation or a notice of completion. c. This Contract is subject to the provisions of Public Contract Code Section 7107. d. For purposes of this Contract, the acceptance by the City means acceptance made only by an action of the governing body of the City in session. Acceptance by Contractor of said final payment shall constitute a waiver of all claims against the City arising from this Contract. At any time after fifty percent (50%) of the work has been completed, if the City, PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-68 December 13, 2004 by action of its governing body, finds that satisfactory progress is being made, the City may make any of the remaining payments in full for actual work completed or may withhold any amount up to ten percent (10%) thereof as the City may find appropriate based on the Contractor's progress. e. Final Payment. The City shall, after the satisfactory completion of the work, make a final estimate of the amount of Work done thereunder and the value of said work, and the City shall pay the entire sum so found to be due after deduction therefrom all previous payments and all amounts to be retained under the provisions of the Contract Documents, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code Section 3262. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) calendar days from the date of acceptance of the work by the City, which acceptance shall be by formal action of the City Council. f: Prior to, and as a condition precedent for final payment, Contractor shall provide the Construction Manager with written documentation identifying the amount paid to Disabled Veteran Business Enterprises (DVBE), and shall submit the certification letter issued by the Office of Small Business Certification and Resources verifying the DVBE status of the subject subcontractors. This documentation is required regardless of whether DVBE subcontractors were utilized in the performance of the Contract. 9• 1) No certificate given or payments made under the Contract, except the final certificate or final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall be construed to be an acceptance of any defective work or improper materials. Whenever any part of the work is in a condition suitable for use, and the best interest of the City requires such use, the City may take possession of, connect to, open for public use, or use a part thereof. When so used, maintenance and repairs due to ordinary wear and tear or vandalism will be made at City's expense. The use by the City as contemplated in this Article shall in no case be construed as constituting acceptance of the work or any part thereof. Such use shall neither relieve the Contractor of any of his responsibilities under the Contract nor act as a waiver by the City of any of the conditions thereof. Contractor shall continue to maintain all insurance, including Builder's Risk insurance, on the Project. Article 96. PAYMENTS WITHHELD a. In addition to amounts which the City may retain under any and all other Articles in this Contract including those entitled "Payments," and "Time for Completion and Liquidated Damages," the City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover: 1) Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2) Defective work not remedied. 3) Failure of Contractor to make proper payments to its subcontractor or for material or labor. PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-69 December 2004(Bid Submittal) December 13, 2004 4) Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid. 5) Damage to another Contractor. 6) Amounts which may be due the City for just claims against Contractor. 7) Failure of Contractor to keep the record ("as -built") drawings up to date. 8) Failure to provide update on construction schedule as required by Article 9 hereof. When the above grounds are removed, payment shall be made for amounts withheld because of them. 9) Site clean up. 10) Amounts claimed by City as forfeiture due to delay or other offsets. 11) Estimated or actual costs for emergency work by City forces, as a result of the Contractor's neglect or actions. b. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (a)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. Article 97. CORRECTION OF WORK BEFORE FINAL PAYMENT a. Contractor shall promptly remove from the premises all work condemned by the City as failing to conform to the Contract, whether incorporated or not. Contractor shall promptly replace and re -execute its own work to comply with the Contract Documents without additional expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. b. If Contractor does not remove such condemned work within a reasonable time, fixed by written notice, the City may remove it and may store the material at Contractor's expense. If Contractor does not pay expenses of such removal within ten (10) calendar days' time thereafter, the City may, upon ten (10) calendar days' written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor. Article 98. PAYMENTS BY CONTRACTOR Contractor shall pay: a. For all transportation and utility services not later than the 20th day of the calendar month following that in which such services are rendered, b. For all materials, tools, and other expendable equipment to the extent of ninety percent PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-70 December 2004(Bid Submittal) December 13, 2004 (90%) of cost thereof, not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at site of Project and balance of cost thereof not later than the 30th day following completion of that part of work in or on which such materials, tools, and equipment are incorporated or used, and c. To each of its subcontractors, not later than the 7th day following each payment to Contractor, the respective amounts allowed Contractor on account of work performed by respective subcontractor to the extent of such subcontractor's interest therein. Article 99. SUBSTITUTION OF SECURITY a. Pursuant to California Government Code Section 4590, securities may be substituted for money that would be withheld, in which case the City will make payment of the normal retention. Use of this option shall be at the Contractor's request and expense, subject to the following conditions: 1) Securities shall be those eligible for investment of State funds under Government Code Section 16430 or bank certificates of deposit acceptable to the City; and shall have a value of at least one hundred and ten percent (110%) of the amount of retention to be paid to the Contractor in accordance with this subsection. 2) Securities or certificates of deposit shall be placed in an escrow account with the City Treasurer or a bank acceptable to the City. 3) Contractor shall bear all expenses involved, including that of the City and the escrow agent in connection with escrow deposits. 4) Contractor shall enter into an escrow agreement satisfactory to the City, which Agreement shall include provisions governing inter. alia: a. The amount of securities to be deposited. b. Providing Powers of Attorney or other documents necessary for transfer of securities to be deposited. c. Conversion to cash to provide funds to meet defaults by the Contractor including, but not limited to, termination of the Contractor's control over the work, stop notices filed pursuant to law, assessment of liquidated damages or other amounts to be kept or retained under provisions of the contract. d. Decrease in value of securities on deposit. e. Termination of the escrow upon completion of the contract. 5) Contractor shall obtain the written consent of the Surety to such an agreement. Article 100. DISPUTES a. If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provision of the Contract, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved, along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the PARADISE CREEK EDUCATIONAL PARK GENERAL CONDITIONS SPECIFICATION NO. 04-5 00700-71 December 2004(Bid Submittal) December 13, 2004 letter along with a recommended method of resolution within ten (10) days of receipt of the letter. b. If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the Construction Manager to be resolved. c. If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law. d. With respects to claims of three hundred seventy-five thousand dollars ($375,000) or less, pursuant to Public Contracts Code section 20104, a claim by the Contractor for a time extension; payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows: 1. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims. 2. Claim of less than fifty thousand dollars ($50,000): a. For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. b. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. c. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 3. Claim of fifty thousand dollars ($50,000) or more: a. For claims of fifty thousand dollars ($50,000) or more, the City shall respond in sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. b. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. c. The City's written response to the claim, as further documented, shall be submitted to the claimant within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. 4. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-72 December 13, 2004 failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. 5. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to Subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference. 6. A civil action filed to resolve a claim subject to Section 11.4 of this Contract shall be subject to the provisions of PCC Sections 20104.4 and 20104.6. Section 10.4 does not apply to tort claims, and nothing in this section is intended or shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 Title 1 of the Government Code. END OF GENERAL CONDITIONS PARADISE CREEK EDUCATIONAL PARK SPECIFICATION NO. 04-5 December 2004(Bid Submittal) GENERAL CONDITIONS 00700-73 December 13, 2004 REQUEST FOR SUBSTITUTION Project Name: We hereby submit for consideration, the following material, product, thing, or service for substitution of the specified or indicated item: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: The following materials are attached where applicable: 1. Complete dimensional information and technical data, including laboratory tests. 2. Complete information on changes to drawings and/or specifications which are required for proper Installation of the proposed substitution. 3. All samples and substantiating data necessary to substantiate equal quality, capacity, and serviceability to specified or indicated item. Clearly mark manufacturer's literature to indicate equality in performance. Differences in quality of materials and construction shall be indicated. FILL IN BLANKS BELOW: A. What is (are) the reason(s) for the proposed substitution: Availability Cost Quality Previous Experience Workability Schedule Other: B. Does the substitution affect dimensions shown on Drawings: Yes No If yes, clearly indicate changes: C. What effect does the substitute have on other trades: D. What effect does this substitution have on applicable code requirements: E. Differences between proposed substitution and specified or indicated item: F. What is your previous experience with this proposed substitution: PAGE 1 OF 2 REQUEST FOR SUBSTITUTION Page two Project Name: The undersigned Contractor certifies: 1. Proposed substitution is equivalent to the specified item in every way, and meets or exceeds quality level of specified item. 2. Same warranty provided for substitution item as for specified item. 3. Installation of substituted item will be coordinated and any/all required changes to other work would be performed for no additional cost Submitted By: Signature Date Name (Print) Title Firm Telephone No. Address City State Zip Code Engineer/Engineer Review: No Exception Taken Revise and Resubmit Not Reviewed Make Corrections Noted Rejected By: Date Remarks: END OF REQUEST PAGE 2 OF 2