HomeMy WebLinkAboutAce Excavating - Removal of Underground Storage Tanks - 2005CITY OF NATIONAL CITY
CALIFORNIA
CONTRACT DOCUMENTS FOR
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND THE NCPD HEADQUARTERS
ENGINEERING DEPARTMENT
Specification No.05-03
I
C 2oos-31
TABLE OF CONTENTS
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NATIONAL CITY POLICE DEPARTMENT HEADQUARTERS
SPECIFICATION NO. 05-03
CONTRACTING AND CONTRACT DOCUMENTS
Instructions to Contractors 3
Proposal Forms
Contractor's Proposal 8
Certificate Regarding Contractor's License 11
Contract Security Form - Check 12
Contract Security Form - Bond 13
Non -Collusion Affidavit 16
Contractor's Reference List 17
Designation of Subcontractors 18
Contractor's Certificate of Worker's Compensation Insurance 19
Agreement and Bonds
Contract 20
Performance Bond 25
Payment Bond 28
Contract Administration
Emergency Notification List 31
Contractor's Certification of Completion 32
Contractor's Affidavit of Disposal 33
Consent of Surety for Final Payment 34
SPECIAL PROVISIONS
Part One - General Provisions
Section 1 - Terms, Definitions, Abbreviations and Symbols 35
Section 2 - Scope and Control of Work 35
Section 3 - Change in Work 40
Section 4 - Control of Materials 41
Section 5 - Utilities 42
Section 6 - Prosecution, Progress and Acceptance of the Work 44
Section 7 - Responsibilities of the Contractor 45
Section 9 - Measurement and Payment 60
Section 10 - Disputes 62
2
INSTRUCTIONS TO CONTRACTOR
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NATIONAL CITY POLICE DEPARTMENT HEADQUARTERS
SPECIFICATION NO. 05-03
1. Examination of Site and Contract Documents. The contractor is required to
carefully examine the site of work, proposal forms, plans, specifications, and special
provisions for the work contemplated. The submission of a proposal shall be
considered conclusive evidence that the contractor 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. Contractor's License. No proposal will be accepted from a contractor 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.
3. Contract Documents. The Contract should be carefully examined. The
Contract shall be executed in three (3) original counterparts. The Contractor's Proposal
Forms, Contract, Contract Bond, 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 contractor, in any one or more of said documents, shall be as
binding as if contained in all of said documents. The contractor will not be allowed to
take advantage of any error, discrepancy or omission in any document, but shall
promptly report to the City Engineer in writing any such matter discovered. The City
Engineer will then decide what corrective action is needed and his decisions shall be
final.
4. Bonds, The successful contractor, simultaneously with the execution of the
Contract, will be required to furnish a faithful performance bond in an amount equal to
one hundred percent (100%) of the Contract price and a payment bond 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.
6. Listing of Subcontractors. As required under the provisions of Section 4100 et
seq. of the California Public Contract Code, any person making a contract or
offer to perform the work shall, in his/her contract 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
3
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 contract.
b. 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 portion of the work as
defined by the Prime Contractor in his/her contract.
5. 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 contractor shall submit for acceptance by the
City of National 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 contract 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 is required to comply with the State of California Construction Safety
Orders (CAL/OSHA) for securing safety in places of employment.
6. Civil Rights. The City of National City hereby notifies all contractors 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
contracts 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.
7. 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.
8. 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 Section 7-15 of the supplemental General Provisions.
4
9. Notary Public. All signatures on the contract proposal, contract bond, Non -
collusion Affidavit, the Contract, and both required surety bond forms shall be
notarized on each document.
10. Insurance. Contractor's attention is directed to the requirements concerning
liability insurance as specified in 7-3 of the supplemental General Provisions. 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 must state that the City must be notified in writing
with a 30-day notice by certified mail.
11. Business License. Contractor, subcontractor, and suppliers who do not have a
current City of National City Business License will be required to 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 or (619) 336-4341 for
further information regarding the license fees, application, etc.
5
12. 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. 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.
14. Interpretation of Drawings and Specifications. During the contracting 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 City Engineer at 1243 National City Boulevard,
National City, California, 91950, Fax No. (619) 336-4397. 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 contracts. Interpretations or corrections will
be made only by addenda to the specifications or by dated revisions of the drawings.
15. Execution of Documents.
a. The Following Documents Must be Completed and Signed, as Required
for the Contract,
Non -Collusion Affidavit
Certificate Regarding Contractor's License
Designation of Subcontractors
Contractor's Reference List
Contractor's Certificate of Worker's Compensation Insurance
Contract
Performance and Payment Bonds
Emergency Notification List
Liability and Worker's Compensation Insurance
(Refer to Section 7-3 of the Supplemental General Provisions)
Other specific documents and forms required in this project
c. The Following Documents Must be Completed, Signed and Submitted
During Construction
Weekly Certified Payroll Statements
Other specific documents required in this project
d. The Following Documents Must Be Submitted at the Completion of the
Project
6
Contractor's Certification of Completion
Contractor's Affidavit of Disposal
Other specific documents required in this project
7
CONTRACTOR'S PROPOSAL
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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 REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC
WORKS YARD AND NCPD HEADQUARTERS, SPECIFICATION NO. 05-03 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 City
Engineer 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.
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:
8
CONTRACTOR'S PROPOSAL (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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
AC- extav014)/4'67 a- L'Nut YLo�nrntr►J (,
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LCirf,-/ L. �i1fiiivtar.e$)fi -
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STL D oP CGII-Po rim 4,
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CONTRACTOR'S PROPOSAL (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
To the Honorable Mayor and City Council of the City of National City
I/We agree to construct the REMOVAL OF UNDERGROUND STORAGE TANKS
AT THE PUBLIC WORKS YARD AND NCPD HEADQUARTERS,
SPECIFICATION NO. 05-03 for the prices listed on these proposal sheets:
ITEM
DESCRIPTION
QTY
UNIT
UNIT
EXTENSION
NO.
PRICE
1
Removal of one 5,000 gal. And one 15,000
gal. Underground Storage Tanks (UST's) at
2100 Hoover Avenue(Public Works Yard)
1
LS
$25,550.00
2
Removal of one 500 gal. Underground
Storage Tank (UST's) at 1200 National City
Blvd. (NCPD Headquarters)
1
LS
$9,550.00
BASE CONTRACT TOTAL
$35,100.00
Base Contract THIRTY FIVE THOUSAND AND ONE HUNDRED Dollars,
Written: and 00/100 Cents
In case of a discrepancy between words and figures, the words shall prevail. In the
event of a variation between the unit price and extended total, the unit price and the
corrected extension will be considered as the amount contract.
l0
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
1. Contractor is required to possess the following State Contractor's License:
Class A General Engineering Contractor's License
2. A failure to possess the required license, a failure to truthfully set forth the
following information, or a failure to execute this Certificate renders the proposal non-
responsive and requires the City to reject the proposal. (Business and Professions Code
Section 7028.15)
3. Contractor declares, under penalty of perjury, that he possesses the required
Contractor's license which:
a. Bears license number 704463
b. Expires on: 3/31/07
;and
7,„_.
Signature Date
Title
This required license determination has been made by the City of National City. Any
Contractor holding a different license who feels he is qualified to contract on this work
must so advise the City Engineer at least seven (7) days prior to the contract opening.
A review of the contemplated work will be made and the City's decision as to the
required license will be final.
11
CONTRACT SECURITY FORM - CHECK
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK
ACCOMPANYING CONTRACT
Accompanying this proposal is a Certified Check or Cashiers Check payable to the
order of the City of National City, hereinafter referred to as "City", for
1h 1; ) j�l ✓.c �� .m^
G 11 Si&t a,t "okv/ptv.. &ii. — Dollars
($ 35, so-0 ), this amount being 100 percent of the total amount
of the contract. This check shall be returned to the undersigned only if either of the
following occur:
A. If said Contract 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 Contract) 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 Contract;
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 contract within the period of 60 calendar days after the date set for
the opening thereof, unless otherwise require ll by law, and notwithstanding the award
of the Contract to another contractor.
Signature of Contractor
✓'ail
Title
Date
12
CONTRACT SECURITY FORM - BOND
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
KNOW ALL MEN BY THESE PRESENTS
THAT WE
As 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 ONE HUNDRED (100%) OF THE
TOTAL AMOUNT OF THE CONTRACT 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:
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned contract to the Council
for certain construction specifically described as follows, for THE REMOVAL OF
UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS YARD AND
NCPD HEADQUARTERS PROJECT, SPECIFICATION NO. 05-03.
NOW, THEREFORE, IF the aforesaid principal shall not withdraw said contract within
the period specified therein after the opening of the same, or, if no period be specified,
with five (5) days after receipt of this contract, and shall within the period specified
therefore, or, if no period be specified, within five (5) 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 contract 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 suit is brought upon this bond by the Council 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.
13
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day of , A.D. 2005
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
14
CONTRACT SECURITY FORM — BOND (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF )
) ss
COUNTY OF )
On this day of , 2005, 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
15
NON -COLLUSION AFFIDAVIT
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
To the City of National City, Engineering Department:
The undersigned, in submitting a contract 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 contracting
and has not accepted any deposit from any Subcontractor or Materialman through and
contract depository, the bylaws, rules and regulations of which prohibit or prevent the
Contractor from considering any contract from any Subcontractor or Material -man,
which is not processed through said contract depository, or which prevent any
Subcontractor or Material -man from contracting to any Contractor who does not use the
facilities or accept contracts from or through such contract depository in connection
with this Contract./02 Glee&I) Fite lee 14S'
Business Address Signature df Contractor
SS -a • G7 le,‘, r7Ak s rl,.
Place of Residence
Subscribed and sworn to before me this
Q
Notary Public in and for the ounty of
State of CGS I Lbr'f
day of �G17 ' ,2005
MICHELLE R. GENERAllO
Commission • 1504425
Notary Public - California
San Diego County
My Comm. Expires Jul 31, 2008
(NOTE: AFFIDAVIT MUST BE ATTACHED TO CONTRACTOR'S PROPOSAL)
16
CONTRACTOR'S REFERENCE LIST
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
Attach to this contract a list of five (5) projects on which the contractor has performed a
similar type and complexity of work in the past three (3) years.
I. Project Name: 5,19. gei11 ei.42k Contract Price: / S'(a, o 0
Date of Completion: /I— 20 o
Name, Address, and Telephone Number of Owner's Representative:
EY1t/t1r"0nrb"-I1.1-e1 1 l 'QU✓► S1•tsS SatKI-oci-us l^+ L
9i99 4a404 *144 /z3 _ 0.4.113-6.34 ter ts..8 . S71_S'-4 b o
2. Project Name: eA.G•i r-ryL. aeac l'. Contract Price: !j $ / 0
Date of Completion: 3-241 ^ o d"
Name, Address, and Telephone Number of Owner's Representative:
(2e4-✓a, L ^) u ► rto n rw-'A-ov (A) or 1k Tr ok a1 • S•tii P
S. 0 . • 9241- g — Cku.c.k 1d-®u $.e.VZ,. - 48.78 V8s-sz-a0
3. Project Name: C. Oc4 C -5Ci t Contract Price: 1 to) oo 0
Date of Completion: (7— Zo — at"
Name, Address, and Telephone Number of Owner's Representative:
/Vi.tiyo ..3-'e e't S?/u le4tFEw baI S_a0-, 92v73
5.2a—+ Y+'t e-Ga•c.7 8s8 - S76 - / o d o
4. Project Name: 4 10464;tc 117L.f1- Contract Price: IC4 tytoo
Date of Completion: (p
Name, Address, and Telephone Number of Owner's Representative:
4 0 g L {�crv,d"-a V t S i-A c.ANT k S +c. c4. `'? 11 t o
kek y (Ai." . f Q s. 613 dr% 3 S Y S
5. Project Name: QU.rtn lA/ 1%,eerra,/Contract Price: (/‘"- o
Date of Completion: (p.- I0- aa--
Name, Address, and Telephone Number of Owner's Representative:
(L,a•n »s4-rtnc to:A, \i''• 7gS431 StlVeit - -J i4V', Cid /oo/
p • ei (o • CZt6 SgGk.to...E- 48) 8 • SI, 6 - ci o
Signed this 1 i day of Tutu) _ , 2005.
Contractor's Name: LAM/ j,. C ,
Signature of Contractor
17
DESIGNATION OF SUBCONTRACTORS
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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 Contractor 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 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 to which the attached contract is responsive, and the portion of the work
which will be done by each Subcontractor for each subcontract in excess of one-half of
one percent of the Prime Contractor's total contract.
The Contractor understands that if he fails to specify a subcontractor for any portion
of the work to be performed under the contract in excess of one-half of one percent of
his contract, he shall be deemed to have agreed to perform such portion of the work
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
G ttova t'^+ G,
LAStf
2 ('_YGvvn.t. ler •
PERCENT OF
TOTAL
CONTRACT
Z/o•
TOTAL % WORK SUBCONTRACTED
SUBCONTRACTOR ADDRESS
^ boy lia r. Z (.4'
eFg, +r_or, w.w414
�— 8o-2L/y—!2oZ ZM✓u-C ,a-4•914?_2
Q Po• ae'x2 77
T G6V1� Gram[ / L�p9H:7cA-014{-a3.
%
(Legal N e of Contractor)
By:
Title: ieYa S f aV✓ 1
18
CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION
INSURANCE
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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.
/.� G 6 &- X c a ✓ Yriv, 4- eni v sK.on i
SelV//''G .
(Legal Name of Contractor)
By:
Title: fy„Li
b
(In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7,
Division 2, of the Labor Code, the above certificate must be signed and filed with the
awarding body prior to performing any work under this contract.)
19
CONTRACT
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
THIS CONTRACT, made and entered into this 7th day of July 2005 by and between
the City of National City, California, herein after designated as the "City", and ACE
EXCAVATING AND ENVIRONMENTAL SERVICES, 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:
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS, SPECIFICATION NO. 05-03
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 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 lump sum price, or if the contract is on the unit price basis, the total price
for the several items furnished pursuant to the specification, named in the contracting
sheet of the proposal, as the case may be.
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.
20
CONTRACT (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
4. The Notice Inviting Contracts, Instructions To Contractors, Contract Proposal,
Bonds, The Plans and Specifications, General Provisions and Special Provisions, and
all amendments thereof, are hereby incorporated in and made part of this Contract.
5. The Contractor shall assume the defense of and indemnify and save harmless the
City of National City and its officers, employees, and agents, including the private
engineer, from all claims, loss, damage, injury and liability of every kind, nature and
description, directly or indirectly arising from this Contract, or the performance of the
work, regardless of responsibility or negligence.
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 obtaining 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 America 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 entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
21
CONTRACT (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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.
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:
O/
CITY:
Title:
By:
Title:
Federal ID. No.
By:
Title:
ATTEST:
By:
33= o(013z-3`7
City Manager, City of National City
Title: City Clerk, City of National City
(Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR
must be attached.)
22
State of California
County of San Diego
On LAN I t1 i cxi.J
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
before me, Michelle R. Generazzo, Notary Public,
personally appeared I r, rr'J L. S I t I L J3 R
R
MICHELLE R. GENERAllO
Commission # 1504425 N
Notary Public - California
San Diego County coal
My Comm. Expires Jul 31, 2
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) y are subscribed to the within
instrument and ackfowledged to me that *s4/they executed
heir authorized capacity(ies), and that by
the same in toes/
WAX/their signature(s) on the instrument the person(s), or
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
ruLleao
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officers
Title(s)
Partner(s) Limited
General
Attorney -in -Fact
Trustee(s)
Guardian/Conservator
Other:
SIGNER IS REPRESENTING:
Name of person(s) or Entity(ies)
Signer(s) other than named above.
DESCRIPTION OF ATTACHED DOCUMENT
3 of Nat\artl I C'ty Cam! Ifinrn v
Title o Type of Document /",_._ 61 j—
L04 1I .O
Number of Pages Date of Document
CONTRACT (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
CORPORATE CERTIFICATE
6241-C h.4—.6i4v%—)
certify that I am the Secretary of the
Corporation named a Contractor in the foregoing Contract; that
Contract
p/, was then
, who signed said contract on behalf of the
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:
23
CONTRACT (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
PARTNERSHIP CERTIFICATE
STATE OF )
) ss
COUNTY OF )
On this day of , 2005, before me, the undersigned, a Notary
Public in and for said County and State, personally appeared:
(Notarial 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:
24
PERFORMANCE BOND
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of National City has awarded to ACE EXCAVATING AND
ENVIRONMENTAL SERVICES, INC., hereinafter designated as the "Principal", the
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS, SPECIFICATION NO. 05-03.
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
/100 Dollars ($ . ) 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 contracted 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 thereunder 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.
25
PERFORMANCE BOND (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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 , 2005.
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
26
PERFORMANCE BOND (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
COUNTY OF
) ss
On this day of , 2005, 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
27
PAYMENT BOND
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, The City of National City has awarded to ACE EXCAVATING AND
ENVIRONMENTAL SERVICES, INC., hereinafter designated as the "Principal", the
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS, SPECIFICATION NO. 05-03.
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
Dollars
($ .) 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.
28
PAYMENT BOND (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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 , 2005.
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
29
PAYMENT BOND (CONTINUED)
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF )
) ss
COUNTY OF )
On this day of , 2005, 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
30
EMERGENCY NOTIFICATION LIST
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
DATE:
In reference to Section 7-6 of the Standard Specifications my/our 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.
31
CONTRACTOR'S CERTIFICATION OF COMPLETION
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
DATE:
TO: City Engineer
City of National City
Engineering Department
1243 National City Boulevard
National City, Ca 91950
FROM:
(Firm or Corporation)
This is to certify that I, acting as an authorized official of the above stated firm or
corporation, have been properly authorized by said firm or corporation to sign the
following statements pertaining to the subject contract:
I know, of my own personal knowledge, and do hereby certify, that the work of
the contract described above has been performed, and materials used and
installed in every particular, in accordance with, and in conformity to, the
contract drawings and specifications.
The contract work is now complete in all parts and requirements, and ready for
your final inspection.
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.
32
CONTRACTOR'S AFFIDAVIT OF DISPOSAL
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
WHEREAS, on the day of , 2005, the undersigned entered into
and executed a contract with the City of National City, a municipal corporation, for
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS, SPECIFICATION NO. 05-03 as particularly
described in said contract and identified as; 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, does hereby affirm 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 this
day of , 2005.
Signature of Contractor
Name and Title
Signature of Contractor
Name and Title
Note: Two signatures are required if a corporation.
33
CONSENT OF SURETY FOR FINAL PAYMENT
REMOVAL OF UNDERGROUND STORAGE TANKS AT THE PUBLIC WORKS
YARD AND NCPD HEADQUARTERS
SPECIFICATION NO. 05-03
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
of the following named Contractor:
Dollars,
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 2005.
Signature of Authorized Surety Representative
Title
(CORPORATE SEAL)
34
SPECIAL PROVISIONS
PART ONE
GENERAL PROVISIONS
The following SECTIONS supplement the STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION, 1997 Edition and supersede any conflicting
requirements. The paragraphing follows that of said STANDARD SPECIFICATIONS.
SECTION 1--TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS
1-2 DEFINITIONS
Agency - The City of National City
Board - The City Council of the City of National City
City - The City of National City
Directed, as directed, or directed by the Engineer - The terms 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. The above terms shall not
mean the active and direct supervision of superintendence of the details of the work.
SECTION 2 - SCOPE AND CONTROL OF WORK
The Contractor must not be listed in "List of Parties Excluded from Federal
Procurement and Non -procurement Program" by U.S. General Services Administration
Office of Acquisition. Being listed will automatically cause the Contractor's contract to
be deemed non -responsive and therefore rejected.
2-1.2 Execution of Contract.
a. A Contract will be mailed to the contractor by the City. The Contract
shall be signed by the successful contractor in triplicate counterpart and
returned, together with the contract bonds and insurance certificates,
within 5 working days from receipt of the Contract by the contractor.
No Contract shall be binding upon the City until same has been
completely executed by the contractor and the City.
b. Failure to execute a Contract and file acceptable bonds and insurance
certificates as provided herein within the time limit above may be just
35
cause for the annulment of the award and the forfeiture of the proposal
contract security.
2-2 ASSIGNMENT
2-2.1 Contractor Indebtedness. Indebtedness incurred for any cause in connection
with this work must 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.
2-4 CONTRACT BONDS
Before execution of the Contract by the City, the Contractor 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 Contractor shall pay all
bond premiums, costs, and incidentals.
Each bond shall be on the forms provided and be signed by both the Contractor and
Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide two good and sufficient surety bonds:
The Performance Bond 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.
The Payment Bond shall be for not less than 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.
Should any bond become insufficient, the Contractor shall renew the bond within 10
days after receiving notice from the City.
Should any Surety at any time be unsatisfactory to the Board, 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 Board.
36
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.
2-5 PLANS AND SPECIFICATIONS
STANDARD SPECIFICATIONS
A. Standard Specifications for Public Works Construction, 1997 Edition, as
amended by the Regional Supplement Amendments, 1997 Edition.
2-5.4 B. Removal Plan
The proposed removal plan shall include demolition, salvage, and removal
procedures. Procedures shall provide for careful removal and storage of materials
specified to be salvaged, coordination with other work in progress, a
disconnection schedule of all utility services, a detailed description of methods
and equipment to be used for each operation and of the sequence of operations.
2-6 WORK TO BE DONE
The CITY will:
a. Furnish inspection.
c. Provide for all testing of materials, except as otherwise noted in Section 4.
d. Provide surveying services outlined in Section 2-9.3 of these General
Provisions.
The CONTRACTOR will:
a. Furnish all labor, material, and equipment necessary to construct a complete
project.
b. Pay for any overtime that the City Inspector is required to work due to
Contractor's schedule.
c. Obtain and pay for all the required permits.
The work to be performed under this Contract shall consist of furnishing all tools,
equipment, materials, supplies and manufactured articles, and for furnishing 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 specifications, schedules and drawings, all
of which are made a part hereof, and including such detailed sketches as may be
37
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 increase in cost to
the City.
2-9 SURVEYING
2-9.1 Permanent Survey Markers. The contractor shall not disturb permanent survey
markers, property corner markers or Bench Marks without the consent of the City
Engineer. The contractor shall bear the expense of replacing or resetting any marker
that may be disturbed without said consent. Replacement or resetting of any marker
shall be done only by a California licensed engineer or land surveyor. The City's
Surveyor will reset the existing survey markers and Bench Marks at the corners of the
intersections or wherever located by the Contractor and brought to the City Inspectors
attention. The City's Inspector will coordinate the work in the field.
2-9.3 Survey Service. The City will furnish one set of construction stakes or markers
to prosecute the work. The Contractor shall make timely demands in writing to the
Engineer for such staking. A notice of not less than three (3) working days will be
required.
The City's surveyor will provide one set of stakes or markers for the following items:
A. Public Works Yard Fuel Tanks;
B. NCPD Headquarters Fuel Tank.
Other staking for will not be provided. Surveying for reconstruction of survey
monuments, will be provided. Contractor is responsible for reconstruction of survey
monuments per Section 309 of the "Greenbook".
It is the Contractor's responsibility to transfer line and grade information from the
surveyor's markers as necessary to complete the work.
The expense to the contractor for the replacement of construction survey stakes by the
City shall be at the rate of $200.00 per hour including travel time.
2-11 INSPECTION
The City's Representative shall at all times have access to the work during construction,
and shall be furnished with every reasonable facility for ascertaining full knowledge
respecting the progress, workmanship and character or materials and equipment used
and employed in the work.
38
Whenever the Contractor varies the period during which work is carried out on each
day, he/she shall give due notice to the City's Representative so that inspection may be
provided. Any work done without inspection by the City's Representative will be
subject to rejection.
All installations which are to be backfilled or otherwise covered shall be inspected by
the City's Representative prior to backfilling or covering, and the contractor shall give
due notice in advance of backfilling or covering to the City's Representative so that
inspection may be provided.
The inspection of the work shall not relieve the Contractor of any of his obligations to
fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable
materials and equipment may be rejected notwithstanding the fact that such defective
work and unsuitable materials and equipment have been previously inspected by the
City's Representative or that payment therefore has been included in an estimate for
payment.
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 shall have the authority to deduct the cost of all such inspection
and testing from any partial payments otherwise due to the Contractor.
2-12 SERVICE OF NOTICE
The delivery of any notice, instruction, claim, protest or other written communications
personally to the Contractor or his Superintendent, to the Engineer or to the City Clerk
of the City of National City shall constitute service thereof upon the Contractor, the
Engineer or to the City, respectively.
The depositing in a post-paid wrapper directed to the official address of the Contractor,
the Engineer 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 Engineer or the City,
respectively, and the date of service shall be the day following the date of such mailing.
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 Engineer and to the City. The official address of the Engineer is the Office of
the City Engineer, City of National City, 1243 National City Boulevard, National City,
California, 91950, or such other address as the Engineer 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.
39
SECTION 3--CHANGES IN WORK
3-2 CHANGES INITIATED BY THE CITY
3-2.1 General. If a necessary change results in a minor change of work not to exceed
$5,000.00, the City Engineer is authorized to negotiate a change order with the
contractor's 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 representative is authorized to sign change orders not to exceed
$5,000.00 each.
3-2.2.3 Agreed Prices. A change order proposal by the contractor shall be submitted
with a detailed cost estimate. The detailed cost estimate shall indicate material, labor,
equipment, overhead, and all incidentals required to perform change in work.
3-2.3 Payment for 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 Engineer in writing. Additional compensation
will be paid to the Contractor for overtime work only in the event extra work is ordered
by the Engineer 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 shall have the authority to deduct the cost of all such inspection
and testing from any partial payments otherwise due to the Contractor.
3-3 EXTRA WORK
3-3.1 General. The Contractor, in providing the services set forth herein, shall not
perform work in excess of the project without the written permission of the City or its
designated representative. All requests for extra work shall be by written change order
submitted to the City prior to the commencement of the work.
3-3.2 Payment.
3-3.2.2 Basis for Establishing Costs.
(a) 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
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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 of subsection 3-3.2.3(a)
(c) 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 Engineer to use equipment not
listed in the said publication, a suitable rental rate for such equipment will be
established by the Engineer. The Contractor may furnish any cost data which
might assist the Engineer in the establishment of such rental rate.
SECTION 4--CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.2 Protection of Work and Materials.
4-1.2.1 Property Rights in Material. Nothing in the contract shall be construed as
vesting in the contractor any right of property in the materials used after they have been
attached or affixed to the work or the soil. All such materials shall become the
property of the City upon being so attached or affixed.
4-1.4 Tests of Materials. Tests shall be made by, and at the expense of the City,
after a request by the contractor in such number and at such locations as deemed
necessary by the Engineer to insure compliance with Specifications; however, the costs
of retesting any portion of the work which has failed the initial tests taken by the City
shall be borne by the contractor.
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4-1.9 Storage of Materials. Area available within the City of National City for
storage of materials is limited. Contractor should assume that all materials shall be
stored off -site and delivered to job site as required for construction.
SECTION 5 - UTILITIES
Reference is made to Section 5-1, Location, and Section 5-2, Protection:
The Contractor shall pothole and locate existing house 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 prices contract for other items of work.
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.
For the Contractor's information, the following companies are listed for initial contacts
concerning the above requirements and coordination of new and/or existing utility
operations for the project:
GAS & ELECTRIC:
STREET LIGHTS:
San Diego Gas & Electric
8315 Century Park Ct.
Suite 210
San Diego, CA 92123-1500
Attn: Dennis Gershoffer
(858) 636-3980
San Diego Gas & Electric
8306 Century Park Ct.
Suite 210
San Diego, CA 92123-1593
Attn: Susan Button,
Traffic Signal & Street Light
Coordinator
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TELEPHONE:
SEWER:
WATER:
TELEVISION:
(858) 654-1218
SBC
South Construction & Engineering
Attn: Fred Kruse,
Right of Way Agent
4220 Arizona St.
Suite 200
San Diego, CA 92104
(619) 285-6611
City of National City
Department of Public Works
2100 Hoover Ave.
National City, CA 91950
Attn: Joe Smith
(619) 336-4587
Sweetwater Authority
Attn: Russ Collins
P.O. Box 2328
Chula Vista, CA 92012-2328
(619) 422-8395 Ext. 639
Fax: (619) 425-7469
Cox Communications
Attn: David J. Emerson
5159 Federal Boulevard
San Diego, CA 92105-5486
(619) 266-5316
National City
Cable/Ultronics, Inc.
581 "C" Street
Chula Vista, CA 91910
Attn: Jeff Vaglio
(619) 472-0776
UNDERGROUND SERVICE ALERT: 1-800-422-4133
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.
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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.
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
trunklines 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, he/she shall
immediately notify the City and utility in writing.
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.
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.
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.
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 his expense.
SECTION 6--PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor shall submit to the Engineer a proposed schedule of work within five
(5) calendar days of execution of the Contract and prior to commencement of the work,
and upon request of the Engineer, update the schedule accordingly. The City reserves
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the right to make reasonable changes in the work schedule to avoid conflict with special
events.
6-6.2 Extension of Time. Should the Contractor incur a delay, a written request to the
Engineer stating the reason(s) for the delay and the number of working days required
shall be submitted within one (1) working days after the delay was incurred. The
Engineer shall respond in writing within one (1) working days of the date of receipt of
the request. Extension of time, if granted, shall follow the change order process.
6-7 TIME OF COMPLETION
The Contractor shall complete the work within twenty (20) working days after the
commencement date specified in the Notice to Proceed.
6-7.2 Working Day. Delete Items 5 and 6 of the Standard Specifications.
6-9 LIQUIDATED DAMAGES.
Failure of the Contractor to complete the Work within the time allowed will result in
damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. For each consecutive calendar day
in excess of the time specified for completion of the Work, as adjusted in accordance
with Subsection 6-6, the Contractor shall pay to the City, or have withheld from monies
due it, the sum of $250.
Execution of the Contract shall constitute agreement by the City and the Contractor that
$250 per day is the minimum value of the costs and actual damages caused by the
failure of the Contractor to complete the Work within the allotted time, that such sum is
liquidated damages and shall not be construed as a penalty, and that such sum may be
deducted from payments due the Contractor if such delay occurs.
SECTION 7--RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR
7-2.2 Laws. Pursuant to Sections 1720 et seq. and 1770 et seq. of the California
Labor Code, the successful contractor shall pay not less than the prevailing rate of per
diem wages as determined by the Director of the California Department of Industrial
Relations. Copies of such prevailing rate or per diem wages are on file in the City
Engineer's office, which copies shall be made available to any interested party on
request at the posted reproduction charge. The successful contractor shall post a copy
of such wage determinations at each job site.
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7.3 LIABILITY INSURANCE
The liability insurance policy or policies shall contain the following provisions:
(1) Coverage for owned and non -owned automobiles.
(2) Manufacturers' and Contractor's liability.
(3) Broad form property damage in any case where the Contractor has any property
belonging to the City in his care, custody, or control.
(4) Owner's and Contractor's protective liability.
(5) Blanket contractual liability.
(6) Products and completed operations coverage.
(7) Coverage for collapse, explosion, and where any excavation, digging, or
trenching is done with power equipment, the liability insurance policy shall
cover such operations.
The limits shall be as follows:
Bodily Injury.
$500,000.00 each person
$1,000,000.00 each occurrence
$1,000,000.00 aggregate products and complete operations
Property Damage:
$250,000.00 each occurrence
$500,000.00 aggregate
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. The Contractor shall
furnish the City a policy or certificate of liability insurance in which the City of
National City, its officers, employees, and agents are named as an additional insured
with the Contractor.
The Policy shall state that the City be given 30 days minimum notification by registered
mail in the event of expiration or proposed cancellation of the policy.
7-5 PERMITS
7-5.1 Licenses. The contractor shall obtain and pay costs incurred for all licenses
necessitated by his operations, such as a National City business license. All
subcontractors listed for this project in accordance with "Instruction to Contractors"
item 19.a shall also be required obtain a National City business license
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7-8 PROJECT SITE MAINTENANCE
7-8.1 Clean up and Dust Control. 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 will be considered as included in the prices paid for
the various items of work involved.
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,
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 must be provided by completing the Affidavit Disposal, regardless
of disposal site.
7-8.8 Project Appearance. The Contractor shall maintain a neat appearance to the
work. In any area visible to the public, the following shall apply:
a. When practicable, broken concrete and debris developed during clearing and
grubbing shall be disposed of concurrently with its removal. If stockpiling is
necessary, the material shall be removed or disposed of weekly.
b. The Contractor shall furnish trash bins for all debris from construction. All
debris shall be placed in trash bins daily. Forms and falsework that are to be re -used
shall be stacked neatly concurrently with their removal. Forms and falsework that are
not to be re -used shall be disposed of concurrently with their removal.
c. Full compensation for conforming to the provisions in this section shall be
considered as included in prices paid for the various contract items of work involved
and no additional compensation will be allowed.
7-8.9 Sound Control Requirements.
Sound Control Requirements - The Contractor shall comply with all local sound control
and noise level rules, regulations and ordinances which apply to any work performed
pursuant to the contract. Each internal combustion engine, used for any purpose on the
job or related to the job, shall be equipped with a muffler of a type recommended by
the manufacturer. No internal combustion engine shall be operated on the project
without said muffler.
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7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Contractor shall replace all damaged or removed public or private asphalt paving, PCC
paving, landscaping and other public or private improvements which are damaged or
removed as a result of its operations to current City of National City standards and to
the satisfaction of the City Engineer.
Contractor will take measures to minimize inconvenience to the adjacent property
owners, including but not limited to:
a. Advance notification of the impending work and the estimated duration of the work.
b. Access shall be provided to businesses and residences at all times during
construction. Exact requirements shall be coordinated by the contractor with each
property owner affected.
c. Care in access to and from private property by the Contractor's equipment,
materials and/or personnel.
d. Prompt restoration of property damaged or removed due to the construction.
e. Hours of work reasonable to a projectial and business area.
All costs of protecting, removing and restoring of items, not as a contract item, shall be
considered as incidental to adjacent work and no additional compensation will be made
therefore.
For convenience to the contractor in complying with the provisions of this section, the
following telephone numbers are listed:
Emergency 911
Fire Department (619) 336-4550
Police Department (619) 336-4400
Engineering Department (619) 336-4380
Public Works Department (619) 336-4580
If the above telephone numbers are changed, the contractor is not relieved of
responsibility for notifying the various departments.
7-10.4 Safety. Excavation and trenches shall not be permitted to remain open
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.
7-10.4.1 Safety Orders. The Contractor shall be solely and completely
responsible for conditions on the job site, including safety of all persons (including
employees) and property during performance of the work. This requirement shall apply
continuously and is not limited to normal working hours. Safety provisions shall
conform to U.S. Department of Labor, the California Occupational Safety and Health
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Act (OSIIA), and all other applicable Federal, State, County, and City laws,
ordinances, codes, the requirements set forth below, and any regulations that may be
detailed in other parts of these documents. Where any of these are in conflict, the more
stringent requirement shall be followed. The Contractor's failure to thoroughly
familiarize himself with the aforementioned safety provisions shall not relieve him from
compliance with the obligations and penalties set forth herein.
The Contractor shall develop and maintain for the duration of this contract, a safety
program that will effectively incorporate and implement all required safety provisions.
The Contractor shall appoint an employee who is qualified and authorized to supervise
and enforce compliance with the safety program.
The duty of the City and its consultants is to conduct construction review of the
Contractor's performance and shall not include a review or approval of adequacy of the
Contractor's safety supervisor, the safety program, or any safety measures taken in, on,
or near the construction site.
If death or serious injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to the City's inspector or other representative.
In addition, the Contractor must promptly report in writing to the City all accidents
whatsoever arising out of, or in connection with, the performance of the work whether
on, or adjacent to the site, giving full details and statements of witnesses.
7-10.4.4 Public Safety During Non -Working Hours. Notwithstanding the
Contractor's primary responsibility for safety on the job site when the Contractor is not
present, the Engineer, at his option after attempting to contact the Contractor, may
direct City forces to perform any functions he may deem necessary to ensure public
safety at or in the vicinity of the job site. If such procedure is implemented, the
Contractor will bear all expenses incurred by the City.
In all cases the judgment of the Engineer shall be final in determining whether or not an
unsafe situation exists.
7-10.5 Hazardous Waste in Excavation. If the Contractor encounters material
in excavation which he has reason to believe may be hazardous waste, as defined by
Section 25117 of the Health and Safety Code, he shall immediately so notify the
Engineer in writing. Excavation in the immediate area of the suspected hazardous
material shall be suspended until the Engineer authorizes it to be resumed. If such
suspension delays the current controlling operation, the Contractor will be granted an
extension of time as provided in Section 5-5 "Delays" of the Standard Specifications.
The City reserves the right to use other forces for exploratory work to identify and
determine the extent of such material and for removing hazardous material from such
area.
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7-15 PAYROLL RECORDS
The Contractor shall furnish the City certified payroll records for all persons employed
by the Contractor and subcontractors in connection with work on the project, no later
than the 15th of each month. Failure to submit satisfactory payroll records will delay
payments to the Contractor until such are received by the City. Refer to Appendices of
these Specifications.
7-16 PROJECT CLOSEOUT
7-16.1 Cleanup. In addition to the requirement that the job site be kept clean
during the progress of the work, the contractor is similarly obligated to thoroughly
clean up the construction site at the end of the job before the work can be accepted.
Final acceptance of work will be withheld until the contractor has satisfactorily
complied with all of the requirements for final cleanup of the project site. This
includes cleanup of city streets as well, where dirt or other deposits have accumulated
as a result of the operations.
Disposal of all waste and refuse shall be at the contractor's expense. No waste or
rubbish of any nature is allowed to be buried or otherwise disposed of at the site except
upon receipt of written approval by the City.
7-16.2 Final Inspection. When the work is completed satisfactorily, and in
accordance with the terms of the contract, the contractor shall submit a written request
to the Engineer for the final inspection. Upon receiving such notification from the
contractor, the representative of the Engineer 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 representative
of the Engineer.
Prior to, but in no case later than, the pre -final inspection period, dates should be
established for equipment testing, systems validation, acceptance periods, warranty
dates, and instructional requirements that may be required by the contract.
Following the pre -final inspection of the work, the Engineer's representative will
prepare a Punch List setting forth in accurate detail any items of work that have been
found to be not in accordance with the requirements of the contract documents.
When notified by the contractor that all of the pre -final Punch List items have been
completed, the Engineer and his/her representative accompanied by the representatives
of the other City Departments with the presence of the Contractor will conduct the final
inspection of the work. Then, if all punch list items have been completed satisfactorily,
and if no new items are discovered, the final inspection date will be considered as the
completion date for the project.
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If, following the final inspection of any portion of the work, there remains a question as
to whether one or more Punch List items have not been properly completed, but
otherwise the overall project is substantially complete, the Engineer may issue an
updated Punch List and consider the final inspection date as the completion date if the
contractor completes the updated punch list items within a specified period of time.
7-16.3 Contract Final Balance. Upon the completion of work, the Engineer will
prepare the Contract Final Balance and will submit it to the contractor for their
approval.
7-16.4 Acceptance. The project will be scheduled for the City Council's
acceptance if the following items are satisfactorily met:
a. The work has been completed satisfactorily, and in accordance with the terms of
the contract.
b. All of the punch list items have been completed and accepted by the Engineer.
c. Record drawings have been submitted and accepted by the Engineer.
d. All of the payroll records (contractor and subcontractors) have been submitted
and accepted.
e. If, required under the contract, operating manuals and instructions for
equipment items, keying schedule, maintenance stock items, certifications of
inspection, and systems validation have been submitted.
f. Contractor's Certificate of Completion, Affidavit of Disposal,
g. Contract Final Balance has been approved or conditionally approved by the
Contractor and submitted to the Engineer.
7-8 PROJECT SITE MAINTENANCE:
7-8.6.1 WATER POLLUTION CONTROL SITE MANAGEMENT:
The Contractor shall comply with all federal, state and City standards, orders and
requirements. The following is definition to terms used in this section:
Best Management Practice (BMP): (1) A measure that is implemented to protect water
quality and reduce the potential for pollution associated with storm water runoff. (2) any
program, technology, process, siting criteria, operating method, measure, or device that
controls, prevents, removes, or reduces pollution.
Clean Water Act (CWA): The Federal Water Pollution Control Act entered in 1972 by
Public Law 92-500 and amended by the Water Quality Act of 1987. The Clean Water Act
prohibits the discharge of pollutants to Waters of the United States unless said discharge
is in accordance with an NPDES permit. The 1987 amendments include guidelines for
regulating municipal, industrial, and construction storm water discharges under the
NPDES program.
Maximum Extend Practicable (MEP): Means the technology -based standard
established by Congress in the Clean Water Act 402(p)(3)(B)(iii) that municipal
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discharges of urban runoff discharges must meet. MEP generally emphasizes pollution
prevention and source control BMPs primarily (as the first line of defense) in
combination with treatment methods serving as a backup (additional lines of defense).
National Pollutant Discharge Elimination System (NPDES): EPA's program to
control the discharge of pollutants to waters of the United States. NPDES is a part of the
federal CWA, which requires point and non -point source discharges to obtain permits.
These permits are referred to as NPDES permits.
Storm Water Management (SWM): The recognition of adverse drainage resulting from
altered runoff and the solutions resulting to mitigate, abate, or reverse those adverse
results.
Storm Water Pollution Prevention Plan (SWPPP): A plan required by storm water
regulations or permits that includes site map(s), an identification of
construction/contractor activities that could cause pollutants in the storm water, and a
description of measures or practices to control these pollutants.
Water Pollution Control Plan (WPCP): This plan is to show BMPs placed to the MEP
for a site where project area is less than 1 acre and SWPPPs are not required."
Water Pollution Control Site Management Plan (WPCSMP): A combination of a
WPCP and site management that together effectively control pollution leaving a
construction site to the MEP.
The Contractor's Water Pollution Control Site Management plan shall be submitted at the
preconstruction meeting, and Project Engineer approval is required prior to start on any
construction activities.
At a minimum, the Contractor shall be required to do the following:
1. The Contractor shall designate a qualified person who is trained and competent
in the use of BMPs and shall be on site daily, although not necessarily full time,
to evaluate the conditions of the site with respect to storm water pollution
prevention.
This person shall implement the conditions of the WPCP, contract documents
and local ordinances with respect erosion and sediment control and other waste
management regulations.
This person is responsible for monitoring the weather and implementation of any
emergency plans as needed. The weather shall be monitored (use National
Weather Forecast http://www.wrh.noaa.gov/sandiego/index.shtml ) on a 5-day
forecast plan and a. full BMP protection plan shall be activated when there is a
40% chance of rain.
This person is responsible for overseeing any site grading, operations and
evaluating the effectiveness of the BMPs. This person shall modify the BMPs as
necessary to keep the dynamics of the site in compliance. This person or other
designated site management staff is responsible to check the BMPs routinely for
maintenance.
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2. Educate all subcontractors and employees about storm water pollution and
mitigation measures needed during various construction activities to prevent the
impact of construction discharges. Education requirements shall be in
accordance with Section F.2.J of the San Diego Regional Water Quality Control
Board (SDRWQCB) Order No. 2001-1, dated February 21, 2001. The Contractor
shall insure that all personal are trained in basic urban runoff management. A log
of the attendees and the educational materials shall be available upon request of
the Project Engineer.
3. Protect all new and existing storm water conveyance system structures from
sedimentation and concrete rinse, or other construction related debris and
discharges with gravel bags and filter fabric or by any other equal product that is
approved by the Project Engineer.
4. Within your WPCP show where concrete wash out, vehicle maintenance,
staging, and storage areas will be located. Also, show pollutant control measures
to be utilized to keep construction waste in these designated areas, including
measures to reduce the tracking of sediment onto public and private roads.
5. Inspect monthly all pollutant control measures installed to mitigate construction
activities during the dry season (May 1 through September 30). The Contractor
shall include in his/her Water Pollution Control Site Management documentation
that these pollutant control measures were inspected for the duration of the
project with each progress payment submitted to the Project Engineer.
6. Maintain all pollutant control measures installed to mitigate construction
activities daily or as requested by the Project Engineer.
7. All pollutant control measures shall be inspected weekly, before and after every
rain event, and every 24 hours during any prolonged rain event. The Contractor
shall include in his/her Water Pollution Control Site Management documentation
that these pollutant control measures were inspected for the duration of the
project with each progress payment submitted to the Project Engineer.
8. All pollutant control measures shall be maintained daily, before and after every
rain event and every 24 hours during any prolonged rain event. The Contractor
shall maintain and repair all pollutant control measures as soon as possible after
the conclusion of each rain event as worker safety allows.
9. Every storm drain inlet within the project's boundaries shall be stenciled or have
a concrete stamp stating "NO DUMPING - I LIVE DOWN STREAM". The
contractor shall use stencil stamp on existing inlets and concrete stamps shall be
used on new inlets. The concrete stamp is available from the Project Engineer,
with five days advance notice. On curb inlets the concrete stamp shall be placed
on the inlet roof or in the sidewalk behind the inlet. On catch basins, the
Concrete stamp shall be imprinted next to the inlet grate. Extra concrete may be
required next to the grate to cover the 31" by 8.5" concrete stamp dimensions.
Any cost associated with this work shall be included in the inlet protection
contract item.
10. If an unmitigated non storm drain water discharge leaves the project site, the
Contractor shall immediately stop the activity causing the discharge and mitigate
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the discharge. The Contractor shall also immediately notify the Project Engineer.
As soon as practical, any and all waste material, sediment and debris from shall
be removed.
7-8.6.2 PERFORMANCE STANDARDS
The City will evaluate the adequacy of the Contractor's site management for storm water
pollution prevention, inclusive of BMP implementation, on construction sites based on
performance standards for storm water. Performance standards shall include:
A. No observable discharge of sediment or other pollutants in runoff from the site.
B. Slope erosion shall be managed and contained utilizing approved BMP's; if rills and
gullies become evident they must be repaired immediately and additional BMPs
added to correct the source.
C. Water velocity moving offsite must be manageable in order not to create flooding or
other impacts downstream.
At any time of year, an inactive site must be fully protected from erosion and discharges
of sediment. A site will be considered inactive if construction activities have ceased for a
period of Seven (7) or more consecutive calendar days.
It is also the Contractor's responsibility at both active and inactive sites to implement a
plan to address all potential non -storm water discharges. The City of National City has
adopted BMPs (Caltrans Standard BMPs) that can be used for wet and dry seasons.
7-8.6.2.1 DRY SEASON REQUIREMENTS (MAY 1 THROUGH SEPTEMBER
30):
A. Perimeter protection BMPs shall be installed and maintained to comply with the
performance standards listed in section 7-8.6.2.
B. Sediment control BMPs shall be installed and maintained to comply with the
performance standards listed in section 7-8.6.2.
C. BMPs to control sediment tracking shall be installed and maintained at on and off
site entrances/exits to comply with the performance standards listed in section 7-
8.6.2.
D. Material needed to install standby BMPs necessary to completely protect the
exposed portions of the site from erosion, and to prevent sediment discharges, shall
be stored on site.
The Contractor shall have an approved weather triggered action plan and have the
ability to deploy standby BMPs as needed to completely protect the exposed
portions of the site within 24 hours of prediction of a storm event (a predicted storm
event is defined as a forecasted, 40% or greater chance of rain). On request, the
Contractor shall provide proof of this capability that is acceptable to the City.
54
F. The area that can be trenched, cleared or graded and left exposed at one time is
limited to the amount of acreage that the Contractor can adequately protect prior to
a predicted storm event.
7-8.6.2.3 CONSTRUCTION BMPs:
Unless specifically noted otherwise, it is the responsibility of the Contractor to select,
install and maintain appropriate BMPs in accordance with these specifications. It is the
contractor's responsibility to insure that the BMPs are operational and working properly.
Furthermore, the Contractor shall be held responsible for any citation and/or fine due
discharges or malfunctioning of the BMPs. BMPs shall be installed in accordance with an
industry recommended standard (for example: Caltrans or California Storm water BMP
handbooks) or in accordance with the California General Permit for Construction
Activities. The web site address for Caltrans is as follows:
CalTrans -
WWW.DOT. CA. GOV/HQ/CONSTRUC/STORMWATER/STORMWATER1.HTM
Depending on project scope and potential associated discharges, additional BMPs may be
needed. If the Contractor proposes to use a BMP not listed in the contract items, approval
from the City is required prior to installation.
If particular minimum BMPs are infeasible at any specific site, the City will require the
implementation of other equivalent BMPs. Site specific BMPs shall be required as
necessary to comply with Order No. 2001-01 (copy available in the City's Storm Water
Pollution Prevention Division) , including BMPs which are more stringent than those
required under the statewide General Construction Permit.
7-8.6.2.4 STORM DRAIN INLET PROTECTION:
Storm drain inlet protection shall be installed and maintained through construction, and
later removed. Only storm drain inlet protection methods specified in these specifications
and plans may be used. All on -site storm drain inlets shall be protected. Off -site storm
drain inlets shall be protected in areas where construction activity tracks sediment onto
paved areas or where inlets receive runoff from disturbed areas.
Storm drain inlet sediment control measures shall be of sufficient capacity and
dimensions so as to handle received flows and debris without blocking or diverting flows
from the inlets. Area around the inlet shall be provided for water to pond without
flooding structures and property.
The storm drain inlet sediment control measures shall not impede the safe flow of traffic.
The storm drain inlet sediment control measures shall be of sufficient weight so as not to
shift out of place, or shall be secured in place against movement.
Inlet sediment control measures shall be maintained daily or more often if needed.
Maintaining inlet sediment control measures shall include removing and disposing of
accumulated trash & debris when depth exceeds one -third the height of filter/trap.
Waste materials shall be removed and disposed in accordance with the Green Book
55
Maintaining inlet sediment control protection shall also include daily checks for
excessive debris and for damaged inlet sediment control measures. Damaged inlet
sediment control measures shall be repaired or replaced immediately.
When storm drain inlet protection is no longer required for the work, as approved by the
Project Engineer, the inlet sediment control measures shall be completely removed.
Storm drain inlet protection shall not be removed until upstream soils are stabilized and
streets are cleaned. Materials for inlet sediment control shall become the property of the
contractor and shall be removed from the site of the work and disposed off -site as
specified in the contract.
Storm drain inlet sediment control will be measured and paid for per number of facilities
installed as listed in the unit contract price. The lump sum price paid for General
Construction shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in furnishing, placing,
maintaining, removing and disposing of waste and inlet sediment control facilities, as
specified in the specs and as directed by the Project Engineer. Failure of the storm drain
inlet sediment control due to inadequate device or maintenance may result in reduced
payment to the Contractor.
7-8.6.2.5 POLLUTION CONTROL MEASURES FOR EQUIPMENT
MAINTENANCE FUELING, CLEANING AND STORAGE:
The WPCP shall include where and how pollution control measures for equipment
maintenance, fueling, cleaning and storage will take place. This WCPC shall include
drawings with descriptions showing pollution control measures to be utilized to keep any
resulting waste in these designated areas and measures to dispose of this waste and
prevent tracking onto public and private roads. If during construction operations,
pollution control measures for equipment maintenance, fueling, cleaning and storage in
the public or private right of way is unavoidable, measures similar to those used on off
site locations are to be followed. If any discharge leaves the control site, the Contractor
shall immediately stop the activity, mitigate the discharge, and notify the Project
Engineer.
The Project Engineer may allow the Contractor to fuel construction equipments outside
of the designated areas, provided that the Contractor takes all necessary precaution
measures to prevent any potential fuel spillage, and to prevent fuel contact with the street
surfaces.
Locations of these activities are to be restored to their prior condition as soon as possible
and no later than at construction completion.
Pollution control measures for equipment maintenance, fueling, cleaning and storage will
be paid for by the lump sum contract price for General Construction. The contract lump
sum contract price shall include full compensation all labor, materials, tools, equipment,
and incidentals to perform this work unless otherwise approved for changed conditions
per Section 3-2 of the Green Book. The lump sum price shall cover all pollution control
measures for equipment maintenance, fueling, cleaning and storage regardless of the
number of locations.
7-8.6.2.6 STREET SWEEPING:
56
The Contractor shall sweep the streets construction active area daily, and as often as
needed, with a motor sweeper in accordance with section 7-8.1 of the specifications.
Failure of the contractor to comply with this to the satisfaction of the Project Engineer
will result in reduced payment for the contractor. The contract lump sum price for
General Construction shall include all labor, materials, tools, equipment, and incidentals
to perform this work as specified. The lump sum price shall cover all street sweeping
regardless of the number of locations.
7-8.6.2.7 STORAGE/STAGING AREAS PROTECTION:
Storage / Staging areas shall be the responsibility of the Contractor. The staging/storage
area shall be as close as possible to the project site. The Contractor is responsible for
obtaining any permits, leases, or any other items necessary to obtain staging areas. The
contract lump sum price contract for storage/staging area and protection shall include full
compensation for all costs associated with locating the site, securing necessary permits,
complying with all local regulations. The cost of storage/staging areas shall be included
in the various contract items if no specific contract item is provided in the contract
schedule.
The Contractor shall be responsible for ensuring that all waste and debris generated
during the period of construction is contained within the storage/staging area. No dust,
oil, or contaminated run-off shall be allowed out of the staging/storage area. Perimeter
and run-off control measures shall be installed around the staging/storage area. The
entrance to the construction staging/storage area shall have stabilized gravel
entrances/roadways, metal pans to loosen dirt from tires, or the like, to reduce tracking
and create a sediment barrier between the storage/staging area and the roadway. The cost
for storm water protection and control of storage/staging areas including the perimeter
control, tracking, etc., as noted above shall be included in the lump sum contract item for
General Construction. The lump sum price shall cover all storage / staging area regardless
of the number of locations.
7-8.6.2.8 TEMPORARY SILT FENCE:
As part of the WPCP, the Contractor shall show where and how temporary silt fencing
will be utilized to stop sediment movement. The silt fence shall be installed in accordance
with Caltrans detail for silt fences, if specific detail is not provided in the contract.
The silt fence shall be constructed only along a level contour. Enough room shall be
allowed below the silt fence to allow sediment removal equipment to operate. Silt fences
shall be used below the toe of exposed and erodible slopes, down slope of exposed soil
area, around temporary stockpiles, and along streams and channels. Silt fence shall not be
used in streams, channels, or anywhere flow is concentrated. In addition, silt fences shall
not be used below slopes subject to creep, slumping or landslide. Silt fences shall not be
used to divert flow. The silt fence fabric shall be woven polypropylene with a minimum
width of 36 inches and a minimum tensile strength of 100 pound -force, conforming to the
requirements of ASTM Designation D 4632, and shall have an integral reinforcement
layer. The permittivity of the fabric shall be between 0.1 -O.] 5 sec.
The silt fence shall be inspected at least once per month in the dry season and weekly in
the wet season, and immediately after each rainfall. Sediment shall be removed if and
when it reaches one-third the height of the fence. Silt fences that are damaged and
become unsuitable for the intended purpose, as determined by the Project Engineer, shall
57
be removed and replaced with new silt fence. Silt fence shall be removed when no longer
needed or as required by the Project Engineer. Contractor shall fill and compact postholes
and anchorage trench, remove sediment accumulation, and grade fence alignment to
blend with adjacent ground.
Gravel bags used in combination with the silt fence shall be paid as a separate contract
item and in accordance with the contract price for gravel bags.
Temporary silt fence will be paid for by the lump sum price for General Construction.
The lump sum price shall include all labor, materials, tools, equipment, and incidentals to
perform this work as specified in these specifications.
7-8.6.2.9 TEMPORARY CONCRETE WASHOUT:
Whenever required, temporary concrete washouts shall be constructed prior to any
placement of concrete; maintained and later removed. Location of the temporary concrete
washouts shall be shown on the WPCP. The facility shall be located away from
construction traffic or access areas to prevent disturbance and tracking. Temporary
washout shall be located a minimum of 50 feet from downstream storm drain inlets, open
drainage facilities, and any water course. The perimeter of the concrete washout shall be
delineated by lath and flagging to prevent accidental access. Temporary concrete
washout facilities shall be maintained daily or more often as needed. Maintaining
temporary concrete washout facilities shall include removing and disposing of hardened
concrete. Concrete waste materials shall be removed and disposed in accordance with the
Green Book.
When temporary concrete washout is no longer required for the work, the remaining
concrete waste shall be removed and disposed of. Materials for temporary concrete
washout shall become the property of the Contractor and shall be removed from the site
of the work and disposed of outside the project area per the Green Book.
Trenches, depressions and pits caused by the removal of temporary concrete washout
shall be backfilled in kind.
The Project Engineer may allow the Contractor to use the 55 gallons commercially
available drums todisposed concrete washout, provided that all necessary protection
measures are in place to prevent any spillage.
Temporary concrete washout will be measured and paid for by the lump sum contract
price for General Construction. The contract lump sum price paid for General
Construction shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals, and for doing all the work involved in furnishing, placing,
maintaining, removing and disposing of concrete waste and temporary concrete washout,
as specified in the specs under "Temporary Concrete Washouts." The lump sum price
shall cover all temporary concrete washouts regardless of the number of locations.
7-8.6.2.10 TEMPORARY GRAVEL BAGS:
Temporary gravel bags shall be installed, maintained, and later removed as approved by
the Project Engineer. The Contractor will not be paid any additional money for the
maintenance, removal and replacement of gravel bag at the same location.
58
Gravel bags fill material shall be one-half to one -inch Class 2 aggregate base, clean and
free from clay and deleterious material. Gravel bag fabric shall be woven high -density
polyethylene fabric with a minimum unit weight of 5 oz./square yard. The fabric shall
have a Mullen burst strength of at least 350 psi, conforming to the requirements of ASTM
Designation D 3786, and an ultraviolet (UV) stability exceeding 70 percent. Gravel bags,
when filled, shall have nominal dimensions (length x width x height) of 16 in. x 12 in. x 6
in., and a fill mass of 35 to 60 pounds. The Contractor shall use other methods if ponding
will encroach in to the traffic or onto erodible surfaces and slopes. Flow from a severe
storm shall not overtop the curb. Temporary gravel bags shall be maintained to provide
for adequate sediment holding capacity. The Contractor shall remove the sediment behind
the barrier when it reaches one-third the height of the barrier and immediately before and
after each storm event. When no longer required for the intended purpose, temporary
gravel bag barriers shall be removed from the site of work.
Temporary gravel bags will be measured and paid for by the lump sum price for General
Construction. The contract contract price paid for general construction shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and
for doing all the work involved in furnishing, placing, maintaining, removing and
disposing of temporary gravel bags, as specified in the specs. The cost associated with
gravel bags for inlet protection details and the like shall be included in those items of
work noted, not this item.
7-8.6.2.11 STOCK PILE PROTECTION:
The Contractor shall avoid placing stockpiles in any drainage path. The Project Engineer
may approve temporary stockpiling in a drainage path provided that measures are taken
to allow unimpaired drainage and sediment transport is prevented. Regardless of the
location of stockpiled materials, containment measures are to be employed to control dust
and sediment movement arising from wind, rain, and/or runoff. Controlling measures
includes but are not limited to covering the stockpiled material and the installation of
protection around the perimeter of the stockpiled material during rain events and winds.
Stockpile protection will be paid for by the lump sum price for General Construction.
The contract lump sum price shall include all labor, materials, tools, equipment, and
incidentals to perform this work as specified in these specifications. The lump sum
price shall cover all stockpile protection regardless of the number of locations.
7-8.9 ENVIRONMENTAL PROTECTION:
The Contractor shall comply with all applicable standards, orders, or requirements of the
Environmental Protection Agency regulations (40 CFR, Part 15).
7-8.10 FLOOD DISASTER PROTECTION ACT OF 1973:
The Contractor shall comply with all applicable standards, orders, or requirements of the
Flood Disaster Protection Act of 1973 (42 USC 4001 et seq, as amended).
7-8.11 ILLNESS AND INJURY PREVENTION PROGRAM:
59
The Contractor shall comply with all the mandates of Senate Bill 198 and specifically
shall have a written Injury Prevention Program on file with the City in accordance with
all applicable standards, orders, or requirements of California Labor Code, Section
6401.7. This Program shall be on file at time of Award of Contract.
7-8.12 GRAFFITI CONTROL:
The Contractor shall maintain all site improvements, including any temporary facilities,
equipment or other materials in a graffiti free condition throughout the construction
period, until acceptance of the project by the City. Graffiti encountered on the job site
shall be removed by the Contractor within twenty-four (24) hours. Costs for removal
shall be included in other items of work.
7-8.13 NOISE ABATEMENT AND CONTROL:
The Contractor shall comply with the provisions of the City of National City Municipal
Code, Noise Abatement and Control, and the County of San Diego Code of Regulatory
Ordinances, Noise Abatement and Control. In the event of conflict, the most stringent
requirement shall apply. If the Contractor chooses to conduct work activities during
times when a Noise Permit is required, the Contractor shall apply for, obtain, and pay
for the Noise Permit at no additional cost to City.
SECTION 9--MEASUREMENT AND PAYMENT
9.3 PAYMENT
9-3.1 General. The estimated quantities on the contract sheet shall be the final
quantities for which payment will be made unless the dimensions or counts of work
shown on the plans are revised by the Engineer. If dimensions or counts are revised,
the final quantities for payment will be adjusted in the amount represented by the
changes.
9-3.2 Partial and Final Payment. Invoices shall be submitted in a form satisfactory to
the City. As minimum, the invoice shall include: contract item numbers, unit or lump
sum prices contract, the quantities of each contract item for the current and past
invoices, the dollar amount of each contract item and a total amount. 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.
The last Friday of the month is established as the closure date for the purpose of
making monthly progress payment. Undisputed payment will be paid within twenty
(20) working days. Pursuant to California Government Code Section 4590, securities
may be substituted for money that would be withheld, in which case the City will make
60
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.
9-3.2.2 City's Right to Withhold Certain Amounts and Make Application Thereof. In
addition to the amount which the City may retain under the above article on progress
payments, the City may withhold a sufficient amount or amounts from any payment
otherwise due to the Contractor as in his/her judgment may be necessary to cover:
a. Payments which may be past due and payable or just claims against the
Contractor or any subcontractors for labor or materials furnished in or
about the performance of the work on the project under this Contract.
b. Estimated or actual costs for correcting defective work not remedied or
work performed not in accordance with the project plans and
specifications.
c. Amount claimed by the Owner as forfeiture due to delay or other offsets.
61
d. Estimated or actual costs for emergency work by City forces, which is a
result of the Contractor's neglect or actions.
SECTION 10--DISPUTES
10.1 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 letter along with a recommended method of
resolution within ten (10) days of receipt of the letter.
10.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the
dispute to the City Engineer to be resolved.
10.3 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.
10.4 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
62
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
64
PROPOSAL/CONTRACT
State Of California Contractors License # 704463 , A ,HAZ,ASB, C-57,C-21
Date: 06/27/2005 Proposal/Contract # 0627-01-05
THIS PROPOSAL/CONTRACT IS BETWEEN:
ACE EXCAVATING & -AND-
ENVIRONMENTAL SERVICES INC.
1020 Greenfield Dr.
El Cajon, CA 92021
OWNER/REPRESENTATIVE,
City of National City
1243 National City Boulevard
National City, Ca. 91950
Estimator: Larry Gillum Attention:
Phone: (619) 441-4900 Phone: (619)
In Reference To: Removal of one 5,000gal.& One 15,000gal Underground Storage Tanks
(USTs). at 2100 Hoover Avenue, National City.
ACE EXCAVATING PROPOSES TO PERFORM ALL LABOR AND SUPPLY ALL
MATERIALS AND EQUIPMENT NECESSARY TO COMPLETE IN A
WORKMANLIKE MANNER, ACCORDING TO FEDERAL, STATE AND LOCAL
STANDARDS, THE FOLLOWING:
SCOPE OF WORK
1) Obtain all required permits pertinent to tank removal only from the County of San Diego
Department of Environmental Health (DEH) and National City Fire Department.
(NCFD). Submit if needed a workplan by others for Post Tank Removal Investigation at the
time of permitting for the over -excavation and removal of minor contamination, if such
contamination exists.
2) Notify Underground Service Alert of the intent to excavate so as to have Public Utilities
identified and marked.
3) Notify and coordinate inspections with DEH and NCFD.
4) Provide safety barricades around excavation.
5) Sawcut, demo, and removal of concrete and asphalt surface material over USTs and product
piping remove off site.
6) Excavate over USTs and product piping to prepare for cleaning, inspection and removal.
7) Triple rinse, purge, inert/neutralize USTs prior to removal.
8) It is assumed the USTs are empty.
9) Remove and legally dispose of USTs and product piping.
10) Backfill and compact the excavated areas with the material originally excavated in #6 above
and import of 3/4 rock fill material to make up for void left by USTs.
11) Complete cleanup of the work site including hauling and disposal of all
non-hazardous/contaminated work related spoils.
12) Resurface 3"in. asphalt 1,000 sq. ft.total
EXCLUSIONS/ASSUMPTIONS
1) Normal excavation conditions are assumed. Should we encounter rock, high water table,
perched water, excessive concrete and/or rebar, utility lines, structural footings, etc., the cost
of services may be affected.
2) Any Unknown utility lines.
3) Any and all Soil samples.
4) Concrete tie down pad.
PAGE 1 OF 2
P/C # 0627-01-05
Base ; nk removal Co of Services.. $21550 00
Extra product left in tank $ 1.50 per gallon $5.50 per gallon for sludge.
Over excavating of contaminated soils minimum per day charge 3,500.00.
Clean out charge $ 650.00
NOTICE
Upon request, ACE EXCAVATING will provide Certificate of Insurance to the "OWNER"/
"REPRESENTATIVE" for this specific Jobsite in the amount of $2,000,000.00 General
Liability Coverage.
AUTHORIZATION
ACE EXCAVATING is hereby authorized and directed to proceed with the services outlined on
the proceeding pages. This authorization/agreement is by evidence of the signatures below and
accepted by both parties.
"OWNER/REPRESENTATIVE" n "ACE EXCAVATING"
Signature Date
&Yri
Name
Name
Title
Date
Title
P/04.4
PAGE 2 OF 2 P/C # 0627-01-05
PROPOSAL/CONTRACT
State Of California Contractors License # 704463 , A ,HAZ,ASB, C-57,C-21
Date: 06/27/2005 ProposaUContract # 0627-02-05
THIS PROPOSAL/CONTRACT IS BETWEEN:
ACE EXCAVATING & -AND-
ENVIRONMENTAL SERVICES INC.
1020 Greenfield Dr.
El Cajon, CA 92021
OWNER/REPRESENTATIVE
City of National City
1243 National City Boulevard
National City, Ca. 91950
Estimator: Larry Gillum Attention:
Phone: (619) 441-4900 Phone: (619)
In Reference To: Removal of one 500gal. Underground Storage Tanks (USTs). at National City.
Police Dept.
ACE EXCAVATING PROPOSES TO PERFORM ALL LABOR AND SUPPLY ALL
MATERIALS AND EQUIPMENT NECESSARY TO COMPLETE IN A
WORKMANLIKE MANNER, ACCORDING TO FEDERAL, STATE AND LOCAL
STANDARDS, THE FOLLOWING:
SCOPE OF WORK
1) Obtain all required permits pertinent to tank removal only from the County of San Diego
Department of Environmental Health (DUI) and National City Fire Department.
(NCFD). Submit if needed a workplan by others for Post Tank Removal Investigation at the
time of permitting for the over -excavation and removal of minor contamination, if such
contamination exists.
2) Notify Underground Service Alert of the intent to excavate so as to have Public Utilities
identified and marked.
3) Notify and coordinate inspections with DEH and NCFD.
4) Provide safety barricades around excavation.
5) Sawcut, demo, and removal of concrete and asphalt surface material over USTs and product
piping remove off site.
6) Excavate over USTs and product piping to prepare for cleaning, inspection and removal.
7) Triple rinse, purge, inert/neutralize USTs prior to removal.
8) It is assumed the USTs are empty.
9) Remove and legally dispose of USTs and product piping.
10) Backfill and compact the excavated areas with the material originally excavated in #6 above
and import of 3/4 rock fill material to make up for void left by USTs.
11) Complete cleanup of the work site including hauling and disposal of all
non-hazardous/contaminated work related spoils.
12) Resurface Soil.
EXCLUSIONS/ASSUMPTIONS
1) Normal excavation conditions are assumed. Should we encounter rock, high water table,
perched water, excessive concrete and/or rebar, utility lines, structural footings, etc., the cost
of services may be affected.
2) Any Unknown utility lines.
3) Any and all Soil samples.
4) Concrete tie down pad.
PAGE 1 OF 2
P/C #0627-02-05
Base Tank removal Cost of Services...$9,550.00 .
Extra product left in tank $ 1.50 per gallon $5.50 per gallon for sludge.
Over excavating of contaminated soils minimum per day charge 3,500.00.
Clean out charge $ 650.00
NOTICE
Upon request, ACE EXCAVATING will provide Certificate of Insurance to the "OWNER"/
"REPRESENTATIVE" for this specific Jobsite in the amount of $2,000,000.00 General
Liability Coverage.
AUTHORIZATION
ACE EXCAVATING is hereby authorized and directed to proceed with the services outlined on
the proceeding pages. This authorization/agreement is by evidence of the signatures below and
accepted by both parties.
"OWNER/REPRESENTATIVE"
Signature Date
"ACE EXCAVATING"
Name Title Name
/7;— (/iJ
Title
PAGE 2 OF 2 P/C # 0627-02-05
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 21, 2005
Larry Gillum, President
Ace Excavating
1020 Greenfield Drive
El Cajon, Ca 92021
Project: Removal of One (1) 5,000 gallon and One (1) 15,000 gallon
Underground Storage Tank (UST's) at 2100 Hoover Avenue,
National City.
Dear Mr. Gillum,
On July 11, 2005, the City Manager of the City of National City awarding a
contract in the amount of $35,100.00 to Ace Excavating and Environmental
Services, Inc., for the above referenced work.
We are pleased to enclose one fully executed original contract for your records.
Should you have any questions, please contact Mr. Stephen Kirkpatrick,
City Engineer at (619) 336-4380.
Michael R. Dalla
City Clerk
Enclosure
cc: Engineering
3!
File C2005-*
® Recycled Paper
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July 19, 2005 AGENDA ITEM NO. 8
/ITEM TITLE Resolution of the City of National City declaring the removal of three underground fuel
storage tanks an emergency and awarding a contract to Ace Excavating and Environmental Services for
the removal of the tanks, two at the Public Works Yard and one at the Police Station.
PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering
EXPLANATION
See attached Explanation.
EXT. 4383
( Environmental Review X N/A MIS Approval
r Financial Statement
Approved By: W'���—�
Fina Director
$150,000 is available in account No. 196-409-500-598-1156 to perform this work.
Account No.
STAFF RECOMMENDATION
It is recommended that the City Council designate the removal of the three fuel storage tanks an
emergency according to Public Contract Code which requires a 4/5 majority and authorize the City
Manager to execute a contract with Ace Excavating and Environmental Services to perform the work.
BOARD / COMMISSION RECOMMENDATION
N/A
C 200S
31
ATTACHMENTS ( Listed Below )
1. Resolution
Resolution No.n2O® /'-/ S
tankes
A-200 (Rev. 7/03)
Resolution of the City of National City declaring the removal of three underground fuel
storage tanks an emergency and awarding a contract to Ace Excavating and
Environmental Services for the removal of the tanks, two at the Public Works Yard and
one at the Police Station.
EXPLANATION
The City owns seven non -operating underground fuel storage tanks. Six of the tanks are
located in the Public Works Yard, and one of the tanks is located at the Police Station.
Four of the tanks have been closed for years, and three of the tanks were closed on
January 15, 2004. Two of the three recently closed fuel tanks are located at the Public
Works yard. These tanks consist of a 1,500-gallon gasoline tank and a 5,000-gallon diesel
tank. The third tank is located at the Police station. This 500-gallon diesel tank is used for
the emergency generator.
These tanks were closed due to the fact that they did not meet the current standard for
secondary containment of the piping and sump system. A cost analysis performed in
December of 2003 showed that it was more economical to purchase fuel at retail prices
for approximately two years, than to make the investment in upgrading the tanks to
current standards. Given the fact that the Public Works yard is planned for relocation or
renovation the decision was made to close the tanks and buy retail fuel. Consequently on
January 15, 2004 the City's fleet began fueling off -site. In addition, a 55-gallon. "day
tank" will be installed at the police station since records showed that the generator had
rarely been used and the "day tank" would be adequate.
The groundwater around these tanks has been monitored, in conjunction with the San
Diego County Department of Environmental Health, since at least 1987. The City is
required to remove underground tanks if they are no longer needed. Working with the
DEH, the plan was to "close" the tanks according to the DEH standards, continue
monitoring of the groundwater around the tanks, and finally remove the tanks when the
yard was moved or renovated. This plan was less disruptive to the operation of the yard,
which was/is also the temporary location of the Fire Station. It was also thought that an
"economy of scale" could be achieved by having the removal occur as part of a large
grading operation that would occur as part of the remodel.
However, the Public Works project is taking far longer than was anticipated as of January
of 2004. The County DEH is requiring the tanks be removed as soon as possible. In fact,
the County DEH is now stating the tanks must be removed promptly, and that further
inaction could result in significant monetary penalties.
Consequently on May 17, 2005 the City, through Resolution Number 2005-101, created a
mid -year capital improvement project and allocated $150,000 of General Funds to
remove the tanks as soon as possible. At the time it was believed that there was an
understanding with DEH staff that the City would be designing a project to remove the
tanks, and putting the project out to bid. That understanding seems to have fallen apart
based upon a "Notice to Show Cause" letter received from the County in June of 2005.
The letter is the first step in assessing administrative penalties.
The goal now is to remove the tanks as soon as possible. Since time is so critical it is
recommended the City Council designate the removal of the fuel tanks an "emergency"
according to the California Public Contract Code which requires a 4/5 majority. By
doing so the City is allowed to waive the bidding process. This allows the City to
negotiate a cost with a contractor that is known and available immediately to perform the
required work. After investigation, Ace Excavating. and Environmental Services is the
contractor that staff believe is qualified, based upon their experience and reputation. It is
further recommended that the City Manager be authorized to execute a contract with Ace
Excavating and Environmental Services to perform the work. The removal of the tanks
will be completed within the allocated budget.
RESOLUTION NO. 2005 —
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY FINDING THAT AN EMERGENCY
EXISTS, APPROVING THE WAIVER OF BIDDING REQUIREMENTS
AS AUTHORIZED BY SECTION 20168 OF THE PUBLIC CONTRACT
CODE, AND AWARDING A CONTRACT TO ACE EXCAVATING AND
ENVIRONMENTAL SERVICES FOR THE REMOVAL OF THREE
UNDERGROUND STORAGE THANKS LOCATED ON CITY PROPERTY
WHEREAS, the City owns seven non -operating underground fuel storage
tanks; one fuel tank is located at the Police Station, and two recently closed fuel tanks
are located at the Public Works yard; and
WHEREAS, the City is required to remove non -operating underground fuel
storage tanks; and
WHEREAS, the San Diego County Department of Environmental Health
has issued a Notice to Show Cause Letter requiring the aforementioned underground
fuel storage tanks to be removed immediately, or else the City will be subject to
substantial administrative penalties; and
WHEREAS, California Public Contract Code Section 20168 provides that
in case of an emergency, the City Council may pass a resolution by 4/5 vote declaring
that the public interest and necessity demand the immediate expenditure of public
money to safeguard life, health and property, and upon adoption of the resolution, may
expend the necessary sums required by the emergency without complying with formal
bidding requirements; and
WHEREAS, City staff has investigated possible contractors to remove the
underground fuel storage tanks, and has found Ace Excavating and Environmental
Services qualified to do the work, based on their reputation and experience.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City determines that an emergency situation exists as described
hereinabove, and it is found to be in the City's best interest to waive the bidding
requirements for the removal of three underground storage tanks located on city
property.
Resolution No. 2005 —
July 19, 2005
Page Two
BE IT FURTHER RESOLVED that the City Council does hereby award a
contract to Ace Excavating and Environmental Services for the removal of three
underground storage tanks located on City property, at a cost not to exceed $150,000.
PASSED and ADOPTED this 19th day of July, 2005.
Nick Inzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
glAlnq Account Information Page: 1
7/12/2005 8:40:30AM CITY OF NATIONAL CITY
Account No: E 196-409-500-598-1156 Title: UPGRADE FUEL TANKS/WATER BARRIER ALARMS Fiscal Year: 2005
Debit / Credit: D
Status Code: 0
JC Required: N
Standard Acct: Y
Account Class: 00 General
Budgeted: Y
Allotment: N
Locked: N
Budget Account:
Budget Preparation History
Year End Estimate: 0.00
Year Dept Request Finance CM Ops Approval Proq Change CM Proq Change CC Council Adopted
2006 0.00 0.00 0.00 0.00 0.00 0.00
2005 0.00 0.00 0.00 0.00 0.00 0.00
2004 0.00 0.00 0.00 0.00 0.00 0.00
2003 0.00 0.00 0.00 0.00 0.00 0.00
Account History
Year Total Budget Encumbrances Expenditures
Balance
2006 V.VV
2005 8,000.00
2004 8,000.00
2003 8,000.00
V.VU
0.00
0.00
0.00
Period
Account Activity
n nn
V.VV
1,913.82
0.00
0.00
n !Si,
V.VU
6,086.18
8,000.00
8,000.00
Total Budget Encumbrances Expenditures Balance
1
Totals :
8,000.00 0.00 0.00 8,000.00
8,000.00 0.00 0.00 8,000.00
Period Jrnal Doc Type
Transaction Detail
Doc Date Post Date Group Reference Description Amount D/C
1 GJ BA bgt_adjust 7/2/2004 8/17/2004 btuano
05-014 CIP BUDGET CARRYOVER FY04-05
8,000.00
Budget Adjustments: 8,000.00 Encumbrances: 0.00 Activity: 0.00
Page: 1