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2012 CON Cosco Fire Protection - Underground Fire Line Nutrition Center
CITY OF NATIONAL CITY CONTRACT AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COSCO FIRE PROTECTION, INC. THIS AGREEMENT is entered into this day of I C , 2012 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and COSCO FIRE PROTECTION, Inc., a licensed California contractor (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the "work" set forth herein in accordance with the following terms and conditions: 1. Scope of Work. CONTRACTOR shall complete the "work" as outlined below: Underground Fire Line Installation: • Demo the existing PIV, FDC, detector check below grade and meter • Abandon the existing fire line below grade • Install new 6" RPDA backflow preventer and FDC in landscape area between existing sidewalk and iron fence. New backflow shall be provided with chain and lock. • Trench and Install new 6" fire service, approximately 160 linear feet. Connection to the base of the existing fire sprinkler riser shall be made above grade. + New underground pipe shall be PVC C-900 class 150 with ductile iron spools, flange fittings and mechanical joint fittings. New above grade pipe to be Schedule 10 black steel with grooved fittings. • Backfill trench using native materials to 95% compaction • Trench cap shall be 6" thick concrete in all areas/ no asphalt to be used + Demo the 4" highline piping once all testing, flushing and tie-in is complete. Leave pipe for others to remove from site. • Work shall be performed during normal working hours (Monday -Friday). *Exclusions to Underground Fire line Installation: • Work in areas with hazardous materials material as defined by OSHA • Provision of fire watch or bond • Overtime, weekends & working during holidays • Hydraulic calculations • Prep/painting of pipe and fittings • Disinfection of system • Fire Protection or Structural engineer • Trench shoring, breaking rock using jackhammer/trench wheel • Asbestos pipe cutting, cathodic protection • Adding fire hydrants • Hauling off/replacing backf ll material • Removing/ replacing iron fence, temporary fencing • Demo of highline concrete pads/landscape repair Backflow Tamper Switch/Flow Switch System Installation • Pull all new Underground Aquaseal Cable from backflow preventer to mechanical room/riser room • Install monitor modules for backflow preventer tamper switches • Install monitor modules for flow switch @ riser 6• Install all required conduit/junction boxes/etc. in riser room t ` • Provide all cable, termination, labeling & testing • Inclusion and labeling of this work on permit drawings for underground work • Includes all equipment/devices/operational/maintenance manuals and testing of this work *Exclusions to Backflow Tamper Switch/Flow Switch System Installation: • Troubleshooting/repair work to existing Fire Alarm system is excluded • No additional requirements from FPE/AHJ/Owner not noted under this proposal are subject to a change order • Outdoor OSP, conduits, manholes and poles are excluded • All raceways & building -to -building conduits, manholes, poles, and all outdoor related work are excluded • Installation and/or provision of access doors are excluded • Any cutting, painting, priming, patching and any additional work due to unforeseen field conditions are excluded • Bond is excluded • Overtime, weekend, holiday and/or shift work are excluded NOTES: The City shall provide name and contact information of current Morgan Tower Fire Alarm System monitoring/maintenance firm at the start of the job who is responsible for connection, programing and troubleshooting the fire alarm system. A 48 hour notice shall be provided by the Fire Marshal to Cosco FP when scheduling tests 2. Length of Agreement. The schedule is set forth below: a) Work to be started within one (5) working days of notice to proceed; and b) Work to be completed within thirty (30) calendar days of start date. 2 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one-time cost of $62,593.77 based on City of National City Building Official approval of proposed plan for execution of the work. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving IIINl1 and approving a billing statement for the satisfactorily completed services of CONTRACTOR as more specifically set forth in Attachment A, less any applicable retention set forth in Section 20 and/or payment provisions set forth in Attachment A. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $2,000,000 per occurrence/$4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted 3 "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all tunes during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: City Attomey's Office 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 11. Construction Permit. After execution of the Contract and prior to beginning work, the Contractor shall obtain a building/construction permit with the City of National City. The no cost permit can be obtained at the City of National City Building Department -Permit Division from 7:00 a.m. to 6:00 p.m., Monday through Thursday. The permittee shall first provide the following documents at the permit counter with proof that the policies/licenses are current: 1. Workers Compensation Insurance Certificate. 2. General Liability Insurance Certificate. 3. City Business License. 4. Contractor's License and Subcontractor's License (if any) in required classification(s). 5. A copy of Notice of Contract Award. 12. Bonds. The successful bidder, simultaneously with the execution of the Contract, will be required to furnish a faithful Performance Bond in an amount equal to one hundred percent 4 (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. (see Attachment B- Performance Bond & Attachment C Payment Bond) d , y E' [�+. sy ' 6© a/.4 ry ass'al/-d' 4";("--, 13. Listing of Subcontractors. As required under the provisions of Section 4100 et seq. of the California Public Contract Code, any person making a bid or offer to perform the work shall, in his/her bid or offer, list: a. The name and Location of the place of business of each subcontractor who will perform work or labor, or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the primary contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the Prime Contractor's total bid. b. The portion of the work that will be done by each such subcontractor under this act. The Prime Contractor shall list only one subcontractor for each portion of the work as defined by the Prime Contractor in his/her bid. 14. Construction Safety. In addition to Section 6700 et seq. of the California Labor Code, in the event any proposal includes the excavation of any trench or trenches five feet (5') or more in depth, the successful bidder shall submit for acceptance by the City of National City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The shoring and bracing plan shall be signed by a qualified Registered Engineer. In the event any proposal includes the construction of a pipeline, sewer, sewer disposal system, boring and jacking pits, or similar trenches or open excavations which are five feet (5') or deeper, each bid shall include adequate sheeting, shoring and bracing, or equipment method, for the protection of life or limb, which shall conform to the applicable safety orders. The Contractor is required to comply with the State of California Construction Safety Orders (CAL/OSHA) for securing safety in places of employment. 15. Civil Rights. The City of National City hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or sexual orientation, in consideration for an award. 16. American with Disabilities Act. The contractor acknowledges its obligations under the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto, 5 including but not Limited to discrimination against qualified individuals with disabilities in employment, transportation, public accommodation, telecommunications, and in all activities, programs, and services of the contractor. 17. Certified Payroll. This project requires the payment of California State Prevailing Wages. The 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 requirements of the State of California Department of Industrial Relations. The prime contractor shall submit a "Statement of Non -Performance" for each week that no work was performed on site. Each sub- contractor shall submit a "Statement of Non -Performance" for each week that no work was performed on site, beginning with week one of the Project. 18. Registered Apprentices Contractor shall be required to employ Registered Apprentices in accordance with Sections 1777.5 and 1777.6 of the State of California Labor Code. 19. Notary Public. All signatures on the Contract and both required surety bond forms shall be notarized on each document. 20. Retention. From each progress estimate, five percent (5%) 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 five percent (5%) 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. 21. General Contract Conditions- The General Contract Conditions attached as Attachment A are binding upon Contractor and are incorporated herein as though fully set forth. 22. The Following Documents Must be Completed. Signed and Submitted 22.1 Prior To Start of Construction Attachment B-Performance Bond Attachment C-Payment Bond Attachment D- Certificate Regarding Contractor's License Attachment E- Designation of Sub -Contractors Attachment F- Certificate of Workers Compensation Insurance Attachment G- Emergency Notification List 22.2 During Construction Weekly Certified Payroll Statements (State of California) Changes to Work Schedules 22.3 At Completion of the Project Attachment H (Guarantee Agreement) Attachment I (Contractor's Certification of Completion) 6 Attachment J (Contractor's Affidavit of Payment) Attachment K (Consent of Surety for Final Payment) Attachment L (Contractor's Affidavit of Disposal) Other specific documents required in this project and referenced herein 23. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 7 IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manage 8 COSCO FIRE PROTECTION - simony of two corporate Oars) Mammal* -orrpjrarrr) 4 By: (Name) 1& f can 1€2 (Print) t{y itt M j Y' . (PlYtle) 0 (Frir) 1pr r tAj urur/ �r Mae) ATTACHMENT A GENERAL CONTRACT CONDITIONS SECTION 1- CHANGES IN WORK 1-1 CHANGES INITIATED BY THE CITY 1-1.1 General. With the signing of the contract documents, the contractor acknowledges that his representative is authorized to sign change orders. 1-1.2 Agreed Prices. All proposed change order work 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. 1-1.3 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. 1-1.4 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. 1-1.6 Payment. 1-1.7.1 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 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 classifications 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) (b) 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 famish any cost data, which might assist the Engineer in the establishment of such rental rate. 1-1.7i Markup. (a) The markup for extra work by the contractor for their own work shall be: a. Labor 20% b. Materials 15% c. Tools and equipment 15% (b) The markup for extra work by the subcontractor for their own work shall be: a. Labor 20% b. Materials 15% c. Tools and equipment 15% The prime contractor markup for subcontractor work shall be 5%. Regardless of the number of hierarchical tiers of Subcontractors, the 5% Contractor's mark-up may be applied one time only to the performing Subcontractor's total cost. Costs for additional bond premiums shall be calculated at the end of the project and a change order for the credit or additional costs shall be paid at that time by Change Order. SECTION 2- DISPUTE RESOLUTION PROCESS. 2-1.1 Mandatory Non -Binding Mediation. If a dispute arises out of, or relates to this contract, or the breach thereof; and if said dispute cannot be settled through contract provisions provided for claim settlement or negotiations, the parties agree to first endeavor to settle the dispute in an amicable manner, using mandatory mediation under the Construction Industry Mediation Rules of the American Arbitration Association or any other neutral organization agreed upon before having recourse in a court of law. 2-1.2 Mandatory Mediation Costs. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise. 2-1.3 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in construction aspects and may be selected from lists furnished by the American Arbitration Association (AAA) or any other agreed upon mediator. To initiate mediation, the initiating party shall serve a Request for Mediation on the opposing party. If the mediator is selected from a list provided by AAA, the initiating party shall concurrently file with AAA a "Request for Mediation" along with the appropriate fees; a copy of requested mediators marked in preference order, and, a preference for available dates. If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from the receipt of the initiating party's Request for Mediation, the opposing party shall file the following: a copy of the list of the preferred mediators listed in preference order, after striking any mediators to which they have any factual objection, and, a preference for available dates. If the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the mediation shall be agreed upon. The Administrator will appoint or the parties shall agree upon the highest, mutually preferred, Mediator from the individual parties' lists who is available to serve within the designated time frames. 2-1.4 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, or admissions will be confidential to the proceedings and will not be used for any other purpose as it relates to the party's legal position. The parties may agree to exchange any information they deem necessary. Both parties shall have an authorized representative attend the mediation. Each representative shall have the authority to recommend entering into a settlement. Either party may have attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and notification whether attorney(s) will be present. Any resultant agreements from mediation shall be documented in writing. Mediation results and documentation, by themselves, shall be "non -binding" and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. Mediators shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. 2-1.5 Dispute Resolution Board. If mediation is unsuccessful in settling the dispute and if both parties agree, a no mandatory dispute resolution board process may be used. The parties may impanel a Dispute Resolution Board (DRB) and the DRB process shall be conducted in accordance with the City's alternative dispute resolution process, utilizing board members who are individuals who have expertise in construction. The selection process shall be administered by the American Arbitration Association, or any other such neutral organization selected by the City, hereinafter called the "Administrator". Claims made for $60,000 or less shall be heard. by 1 DRB member and claims for more than $60,000 shall be heard by 3 DRB members. To initiate the DRB procedures, the parties shall jointly execute and file a "Submission to Dispute Resolution Board Procedures" request with the Administrator. Upon receipt by the Administrator of the submission form, the Administrator shall furnish to the parties a list of individuals skilled in dispute resolution and having expertise in construction from which to select the Dispute Resolution Board. Within 10 Working Days from the date the list is sent to the parties, the parties shall return the list to the Administrator, striking any individuals to which the parties have any factual objections and numbering the remaining in preference order. The Administrator shall appoint the highest mutually preferred individuals to the DRB that are available to serve in the time frame designated above. 2-1.6 Dispute Resolution Board Costs. The costs for DRB hearings and proceedings, which include those of either the 1 person or 3 person boards hearing the dispute, will be shared equally by both parties. Fees shall be jointly negotiated by both parties directly with the DRB Administrator. 2-1.7 Conduct of Dispute Resolution Board Hearings. DRB hearings shall be informal and discovery shall not be permitted. The parties may agree to exchange any information they deem necessary. Each party shall have a maximum of 2 hours for presentation, unless otherwise agreed upon. Outside experts, including attorneys, may address their specialty if the opposing party is notified in advance. Each party will be given full opportunity to present its views and supporting information, including documents, drawings, or other pertinent material. All such evidence and displays shall be considered confidential and shall be retained by the presenting party. Discussions or admissions during DRB discussions shall be considered as part of privileged settlement discussions, without prejudice to any party's legal position. Any resultant agreements from a DRB Hearing shall be documented, in writing, by both parties. The DRB results and documentation, by themselves, shall be non -binding and inadmissible for any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties. DRB members shall not be subject to any subpoena or liability and their actions shall not be subject to discovery. Within 10 Working Days after the hearing, the DRB will make its recommendation, in writing, for resolution of the dispute to all parties. The DRB will strive for consensus and unanimity in its decision making. If such is unattainable, however, separate written recommendations may be made as majority or minority reports. 2.2 CLAIMS. Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price or the Contract Time, or other relief associated with a dispute arising under or relating to the Contract, including a breach of any provision thereof. A voucher, invoice, or other routine request for payment is not a Claim. A Claim shall conform to these specifications and may be considered after the City has previously denied a request by the Contractor for a Change Order seeking the demanded relief. The Contractor chall submit a Claim to the City if a dispute occurs that arises from or relates to the Contract. The Claim shall seek all relief to which the Contractor asserts it is entitled as a result of the event(s) giving rise to the dispute. The Contractor shall substantiate Claims, and shall process Claims in accordance with this subsection. The Contractor's failure to process a Claim in accordance with this subsection shall constitute a waiver of all relief associated with the dispute. Claims shall be subject to 6-11, "CITY'S RIGHT TO AUDIT." Contractor shall continue to perform the Services and the Work and maintain the Schedule during any dispute proceedings and City will continue to make payments for undisputed Services and Work. A claim arising under the Contract, unlike a claim relating to the Contract, is a claim that can be resolved under a Contract provision that provides for or excludes the relief sought by the claimant. Such claims shall be resolved under the applicable provisions of the Contract. The City's claims process in this subsection shall not relieve Contractor of his statutory obligations to present claims prior to any action under the California Government Code. 2-2.1 Time of Claim. The Contractor shall promptly, but in no event later than 30 days after the event(s) giving rise to the claim, deliver the claim to the City. The Contractor shall not process a claim unless the City has previously denied a request by the Contractor for a Change Order that sought the relief to be pursued in the claim. 2-2.2 Claim Certification Requirements. If the claim seeks an increase in the Contract Price, the Contract Time, or both, the Contractor shall submit with the claim an affidavit certifying that: a) The claim is made in good faith and covers all costs and delays to which the Contractor is entitled as a result of the event(s) giving rise to the claim; b) The amount claimed accurately reflects the adjustments in the Contract Price, the Contract Time, or both to which the Contractor believes it is entitled; and c) All supporting costs and pricing data are current, accurate, complete, and represent the best of the Contractor's knowledge and belief. The Contractor shall ensure that the affidavit is executed by an official who has the authority to legally bind Contractor. 2-3.3 Claim Resolution Process. The Contractor shall submit claim certification and request for a settlement meeting and the City's Determination to the Engineer within 20 Working Days of receipt of the Engineer's initial determination. 2-3.4 Initial Determination. Initial Determination is the City's written approval or non - approval of a Claim from the Contractor. Within 30 days of receipt of a Claim, the City will deliver an Initial Determination to the Contractor. The City will not consider and will return to the Contractor any written demand that does not conform to the requirements of 3-7, "CLAIMS." 2-3.5 Final Determination. If the Contractor disagrees with the Initial Determination, the Contractor may request a Final Determination. The Contractor's request shall be in writing and shall be delivered to the City within 30 days of the date of the Initial Determination. The City will deliver a Final Determination to the Contractor within 30 days after receipt of the Contractor's written request. Final Determination is the City's final written decision on the Contractor's appeal of the City's Initial Determination on the Contractor's Claim. 2-3.6 Settlement Meeting. Within 15 Working Days of receipt of the Contractor's request for a "Settlement Meeting", the Engineer will schedule a "Settlement Meeting" between the Contractor's representative, the City's representative, and the Engineer. This meeting will be an opportunity for the Contractor to explain its claim to senior management of the City. If a settlement agreement cannot be reached, the Engineer and the City will proceed to make a joint written determination. 2-3.7 City's Determination. The City will make a written determination within 20 Working Days after the settlement meeting. The written determination shall be final and binding on the Contractor unless the Contractor notifies the City and the Engineer in writing of its objection within 15 Working Days after receipt of the written determination, and files a "Request for Mediation" in accordance with 3-6, "DISPUTE RESOLUTION PROCEDURES." Failure to give notice of objection within said. 15 Working Days period shall be deemed to be a waiver of its right to pursue the claim. 2-3.8 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this contract, upon the City's request, the Contractor agrees to assist in resolving the dispute or litigation. The Contractor assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution, litigation, or both. 2-3.9 Attorney Fees Related To Mandatory Assistance. In providing the City with dispute or litigation assistance, the Contractor and or Subcontractors or their agents, officers, and employees may incur expenses and or costs. The Contractor agrees that any attorney fees it may incur are not reimbursable. 2-3.1.0 Compensation for Mandatory Assistance. The City will reimburse the Contractor for reasonable fees and expenses incurred by the Contractor for any required assistance rendered in accordance with 3-7.8, "Mandatory Assistance" as Extra Work. The City in its sole discretion shall determine whether these fees and expenses were necessary due to the conduct of or failure to act by the Contractor or Subcontractors or their respective agents, officers, and employees. If the City determines that the basis of the dispute or litigation in which these fees and expenses were incurred were the result of the conduct of or failure to act by the Contractor or Subcontractors or their respective agents, officers, and employees, in part or in whole, the City shall be entitled to be reimbursed for any payments made for these fees and expenses. Reimbursement may be through any legal means necessary, including the City's withholding of payment. SECTION 3 - CONTROL OF MATERIALS 3-1 MATERIALS AND WORKMANSHIP 3-1.1 Protection of Work and Materials. 3-1.2 Property Rights in Material. Nothing in the contract shall be construed as vesting in the contractor any right of property in the materials used after they have been attached or affixed to the work or the soil. All such materials shall become the property of the City upon being so attached or affixed. SECTION 4 - PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK 4-1.1 Construction Schedule. The contractor shall comply with the following construction schedule requirements: a) The Contractor shall be responsible for developing, coordinating, revising, updating, and maintaining the cost loaded construction schedule (Schedule) utilizing the Critical Path Method (CPM). b) Schedule versions shall be based solely on the Work as awarded, and shall exclude any substitute proposals even if the Contractor pursues a substitution in accordance with provisions of the Contract. c) The approved proposals and approved Change Orders shall be included in the Schedule updates. d) Total float is the number of days by which a part of the Work in the Schedule may be delayed from its early dates without necessarily extending the Contract Time. The Contract float is the number of days between the Contractor's anticipated date for early completion of the Work, or specified part, and the corresponding Contract Time. Total float and Contract Time float belong to the Project and are not for the exclusive benefit of any Party. They shall be available to the City or the Contractor to accommodate changes in the Work or to mitigate the effect of events, which may delay performance or completion. e) Monthly progress payments are contingent upon the submittal of an updated Schedule to the Engineer. The City may refuse to recommend the whole or part of any monthly payment if, in the Engineer 's opinion, the Contractor's failure, or refusal to provide the required Schedule information precludes a proper evaluation of the Contractor's ability to complete Project within the Contract Time. f) The Schedule shall show a breakdown of Work into activities and relationships to the extent required to effectively manage the Work. The Schedule shall show the division of the Work into activities and specify the progression from the Notice to Proceed (NTP) to the end of the Contract Time. g) The Schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. h) The Contractor shall include in the Schedule inclusive in the Contract Time allotted, three 3 Working Days for the City to conduct a Walk-through. i) The Contractor shall include in the Schedule inclusive in the Contract Time allotted 10 Working Days for generation of the Punchlist. The Contractor shall Work diligently to complete all Punchlist items within 20 Working Days after officially being provided the Punchlist by the Engineer. j) If the Contractor modifies or changes the Schedule, for Change Order Work or otherwise, the Engineer shall be notified in writing with an explanation. k) Comments made by the Engineer on the Schedule during review will not relieve the Contractor from compliance with requirements of the Contract. The Engineer may request that the Contractor and major Subcontractors (defined herein as being any Subcontractor or Supplier with 5% or more of the value of the Contract) participate in review of any Schedule submission. The Schedule revisions shall be submitted within 10 Working Days after the Engineer's review. 1) The Schedule shall show work to be done by the City personnel, such as but not limited to, submittal reviews (separate tasks for each), sewer televising, water main connections, water testing, and operational performance tests as separate ta5ka The Schedule shall show appropriate time allowances for Work performed by other agencies. m) If completion of any part of the Work, delivery of equipment or materials, or provision of the Contractor submittals is behind schedule and will impact the completion date of the Work, the Contractor shall submit a written recovery plan acceptable to the Engineer for completing the Work by the current Contract completion date. n) The Contractor shall not be entitled to any extension in Contract Time, or recovery for any delay incurred because of extensions in an early completion date, until all Contract float is used, performance of the Work extends beyond the corresponding Contract Time, and a recovery plan is submitted demonstrating that the delay cannot be mitigated or offset through actions such as rescheduling Work. o) Misrepresentation of actual Work durations in order to suppress available float time shall be cause for rejection of the Schedule and any revisions or updates. p) The Schedule shall include procurement related activities, which lead to the delivery of permanent materials to the Site in a timely manner. Procurement activities include activities such as preparation of Shop Drawings and Working Drawings, review and acceptance of Shop Drawings and Working Drawings, materials fabrication, materials delivery, etc., as appropriate. q) The Schedule shall be reasonably balanced over the construction duration. Upon receipt, the Engineer will review the Schedule and provide comments, as appropriate, for revision by the Contractor. r) Each Schedule activity shall be assigned a budget. Separate Bid items shall be separate activities. The Schedule shall specify costs for each phase of the Contract. The cost value of all Schedule activities shall equal the Contract values shown in the Bid both individually and in total and include Change Orders. s) If the Engineer questions the logic of the Schedule, the Engineer may at any time request a Schedule narrative that describes the approach to the Work and the rationale used to develop the Schedule relationships and logic. t) When specified in the Contract Documents, the specified Plant Establishment Period is included in the stipulated Contract Time and will begin with the acceptance of the installation of the re -vegetation plan in accordance with the Special Provisions. All costs for producing, editing and adjusting the construction schedule shall be included in the various items of work and there shall be no additional costs to the City. SECTION 5- DEFAULT BY THE CONTRACTOR 5.1 General. The City will consider the Contractor in default of the Contract if prior to the Acceptance, the Contractor: a) becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work, b) abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion, c) disregards written instructions from the City or materially violates provisions of the Contract Documents, d) fails to prosecute the Work according to the schedule approved by the Engineer, e) fails to notify the Engineer upon discovery of items of Native American, Archaeological, or Paleontological interests, f) disregards laws or regulations of any public body having jurisdiction, or g) commits continuous or repeated violations of regulatory or statutory safety requirements, then Notices, and other written communications regarding default between the Contractor, the Agency, and the Surety shall be transmitted in accordance with 2-12, "SPECIAL NOTICES." 5.2 Notice to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt. 5.3 Notice of Termination for Default. If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the City will consider the Contractor in default of the Contract and: a) will terminate the Contractor's right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety, b) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and c) may furnish labor, equipment, and materials the Agency deems necessary to secure and maintain the Work site. The provisions of this subsection shall be in addition to all other legal rights and remedies available to the City. The Contractor shall be entitled to no further payment until the remaining portion of the Work has been completed. The Contractor will be paid the actual amount due based on Contract Unit Prices or lump sum Bid and the quantity of the Work completed at the time of default, less damages caused to the City by acts of the Contractor. Costs incurred by the City in performing the Contractor's work, plus a markup of 15% on those costs for overhead, shall be deducted from monies due or to become due to the Contractor. The Contractor shall pay to the City any amount by which those costs and markup exceed the unpaid balance of the Contract Price. 5.4 Responsibilities of the Surety. Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the City may do so, and may recover all costs incurred. The Surety shall notify the City that it is assuming all rights, obligations and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the City a written plan detailing the course of action it intends to take to remedy the default. The City will review the plan and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the City, the City may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the City deems to be expedient. The cost of completing the Work by the City shall be charged against the Surety and may be deducted from any moniesdue, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay to the City, within 30 days after the City submits an invoice, all costs in excess of the remaining Contract Price. The provisions of this subsection shall be in addition to all other rights and remedies available to the City under law. 5.5 Payment. The Surety will be paid for completion of the Work in accordance with 9-3 less the value of damages caused to the City by acts of the Contractor. SECTION 6- TERMINATION OF THE CONTRACT FOR CONVENIENCE. The City may terminate the Contract in whole or, from time to time, in part, if it becomes impossible or impracticable to proceed, because of conditions or events beyond the control of the City e.g., if the City Council does not appropriate sufficient monies to fund the Contract. The City will issue a written notice of termination for convenience in accordance with 2-12, "SPECIAL NOTICES." Upon receipt, the Contractor shall immediately proceed as follows: a) Stop Work immediately or in accordance with the Notice of Termination. b) Notify Subcontractors and suppliers to immediately cease their work and place no further subcontracts for materials, services, or facilities, except as necessary to complete any authorized continued portion of the Contract. c) Terminate all Subcontracts to the extent that they relate to the Work terminated. d) With approval by the Engineer, settle all outstanding obligations arising from the termination of subcontracts; the approval of which will be final for purposes of this section. e) As directed by the Engineer, transfer the title and deliver to the City, completed or partially completed drawings, plans, calculations, specifications and any other documents and records that, if the Contract had been completed, would be required to be furnished to the City. f) Complete performance of the Work not terminated. g) Take all necessary steps and actions to minimize all costs to the City as a result of the termination. h) Take any action that may be necessary, or that the Engineer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the City has or may acquire an interest. The Contractor will be paid without duplication for: a) work completed in accordance with the Contract Documents prior to the effective date of termination for convenience; b) reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and c) reasonable expenses directly attributable to termination. The Contractor shall submit a final termination settlement proposal to the City no later than 90 days from the effective date of termination, unless extended, in writing, by the City upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within 30 days of receipt of payment. Any amount due shall be as later determined by arbitration, if the City and the Contractor agree thereto, or as fixed in a court of law. All settlements related to termination of the contract in accordance with this section will be subject to the approval of the Mayor or designee and may also require City Council approval before ultimately becoming final. 6.1 Termination Settlement. After termination, the Contractor shall submit a final termination settlement proposal to the Engineer in the form and with the certification prescribed by the Engineer. The Contractor shall submit the proposal promptly, but no later than 6 months from the effective date of termination, unless extended, in writing, by the Engineer upon written request of the Contractor within this 6 month period. If the Engineer determines that the facts justify it, a termination settlement proposal may be received and acted on after 6 months or any extension. If the Contractor fails to submit the proposal within the time allowed, the City may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due the Contractor as a result of the termination and pay the amount determined. If the Contractor does not agree that the amount determined by the Engineer is fair and reasonable and if the Contractor gives notice of such disagreement to the City in accordance with this subsection, within 30 days of receipt of payment, then the amount due shall be as later determined by arbitration, if the City and the Contractor agree thereto, or as fixed in a court of law. 6.2 Payment to the Contractor Due to Termination. Subject to 6-5.1, "Termination Settlement" the Contractor and the Engineer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. The agreed amount may not exceed the total dollar amount authorized by the City as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated. The contract shall be amended, and the Contractor paid the agreed amount. Subsection 6-5.3, "Failure to Agree on Payment," shall not limit, restrict, or affect the amount that may be agreed upon to be paid in accordance with this subsection. 6.3 Failure to Agree on Payment. If the Contractor and the City fail to agree on the whole amount to be paid because of the termination of Work, the City will pay the Contractor the fair and reasonable amounts determined in good faith by the City as follows, but without duplication of any amounts agreed on in accordance with 6-5.2, "Payment to Contractor Due to Termination:" a) The Contract Price for completed services accepted by the City not previously paid or adjusted for any saving of freight and other charges. The total of: i. The costs incurred in the performance of the Work terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs attributable to services paid or to be paid in accordance with 6-5.6, "Failure to Agree on Payment"; ii. The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Contract if not included in subdivision "a", above; iii. A sum, as provided in subdivision "a", above, determined by the Engineer to be fair and reasonable under the circumstances; however, if it appears that the Contractor would have sustained a loss on the entire contract, had it been completed, the City will allow no profit and shall reduce the settlement to reflect the indicated rate of loss. iv. The reasonable costs of settlement of the Work terminated, including: v. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data; vi. The termination and settlement of subcontracts (excluding the amounts of such settlements); and vii. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of property in which the City has or may acquire an interest. 6.4 Determination of Amount Due the Contractor. In arriving at the amount due the Contractor in accordance with this section, there shall be deducted: a) The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the City except to the extent the City expressly assumed the risk of loss; b) all un-liquidated advance or other payments to the Contractor under the terminated portion of this contract; c) any claim which the City has against the Contractor under this contract; and d) the agreed price for or the proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under the provisions of this section and not recovered by or credited to the City. 6.5 Partial Termination. If the termination is partial, the Contractor may file a proposal with the Engineer for an equitable adjustment of the price(s) of the continued portion of the Contract. The City will make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this section shall be requested within 90 days from the effective date of termination, unless extended, in writing, by the Engineer. 6.5.1 Partial Termination Payments. The City may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the Contract if the Engineer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. If the total payments exceed amounts finally determined to be due, the Contractor shall repay the excess to the City upon demand, together with interest. Interest shall be at a rate of 6% per annum compounded daily and shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or disposition, or a later date determined by the Engineer because of the circumstances. 6.6 Records and Documents Relating to Termination. Unless otherwise provided in the Contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs, expenses, and settlement under this contract. The Contractor shall make these records and documents available to the City, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Engineer, photographs, microphotographs, and other authentic reproductions may be maintained instead of original records and documents. 6.7 Rights of the City Preserved. Where the Contract has been terminated by the City in accordance with 6-5, "Termination of Contract" the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies paid to the Contractor by the City shall not release the Contractor from liability. 6.8 Damages Caused By Act Of God. As provided in §7105 of the California Public Contract Code, if this contract is not financed by revenue bonds, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by an act of God, in excess of 5% of the Contract Price if: a) the Project damaged was built in accordance with the Contract requirements, and b) there are no insurance requirements in the Contract for the damages. 6.9 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 five (5) working days after the delay was incurred. The Engineer shall respond in writing within five (5) working days of the date of receipt of the request. Extension of time, if granted, shall follow the change order process. 6.9.1 Contract Time Extension and Schedule Analysis. A claim for extension in Contract Time will not be granted unless the Contractor can demonstrate through a Critical Path Method (CPM) analysis of the Schedule's critical path(s) that the increases in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time, despite the Contractor's reasonable and diligent actions to guard against those effects. The Schedule analysis shall use delay sub networks ("fragnets") to show the impact of the Work that is the basis of the Claim on specific impacted critical path Schedule activities. Fragnet is a group of schedule network activities representing a delay or change event. Where the Contractor is prevented from completing any part of the Work within the Contract Time (or milestones) due to delay to a "critical path" activity beyond the control of both the City and the Contractor, an extension of the Contract Time (or Contract milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be the Contractor's sole and exclusive remedy for such delay. 6.9.2 Event of Force Majeure (Event). Any party to this contract may be excused for any delay or failure to perform its duties and obligations except for obligations to pay money, caused by and to the extent that such failure or delay is caused by an Event. If an Event causes a delay or failure in performance of only a portion of the obligations of a Party, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused. Performance of all other obligations of a Party shall not be excused by an Event. Any delay or failure to perform shall only excuse the Party for a period no longer than the delay or failure in performance caused by such Event. The Contractor shall not be entitled to damages or additional payment for any delay caused by an Event. SECTION 7 TIME OF COMPLETION The Contractor shall have THIRTY (30) working days to complete and finalize the project. For each consecutive calendar day in excess of the time specified for completion of this portion of Work, as adjusted in accordance with Subsection 6.8, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $500 (Five Hundred Dollars per calendar day.) 7.1 Requirements Preparatory To Requesting a Walk-through. Walk-through is the procedure used by the City to generate a Punch list prior to Acceptance. The following items shall be required prior to requesting a walk-through: a) Remove temporary facilities from the Site. b) Thoroughly clean the Site. c) Provide completed and signed Redlines in accordance with 2-5.4, "Red -lines Drawings." d) Provide all material and equipment maintenance and operation instructions and/or manuals. e) Provide all tools that are a permanent part of equipment installed in the Project. f) Provide and properly identify all keys; constriction and permanent. g) Provide all final Special Inspection reports required by the applicable building Code. h) Provide all items that this contract requires to be supplied as extra stock. All items shall be wrapped, sealed, or placed in a container as necessary to allow for storage by the City for future use. The amount specified in this contract shall be verified by the City and the Contractor. i) Ensure all EOCP documents and certified wage rate documents (if applicable) have been submitted from the NTP until Acceptance. The spare parts for the proposed irrigation system as specified in the Special Provisions (if applicable). k) See other specification sections for additional requirements. 7.1 Walk-through and Punch list Procedure. The following procedure outlines the steps to be taken upon the Contractor's assertion that the Project is complete: a) When the Contractor considers that the Work and Services are complete, the Contractor shall in writing notify the City that the Project is complete and request that the City perform a walk-through for generation of a Punch list. The Contractor shall notify the City at least 7 days in advance of the time the walk-through is to be performed. b) The City will determine if the Contractor is ready for a walk-through by verifying whether the Contractor has provided or completed all items as required by 6-8.1, "Defective Work," whether the Contractor has obtained the applicable certifications, and by evaluating completeness by inspecting the Project and the specified Work required by the Contract Documents. c) If the Work includes underground sewer conduit installations, the inspection will include televising in accordance with 306-1.4.8, "Televising Sewer Mains and Storm Drains." d) The City will facilitate a walk-through. e) The Contractor shall make available at the Site for walk-through attendees the plans and specifications and the technical data such as submittals and equipment manuals. f) The City will generate the Punch list within 15 Working Days from the date of the walk- through and submit it to the Contractor. The City will not provide a preliminary Punch list. g) If the City begins to generate a Punch list and finds the Project is not substantially complete as defined herein, the City will terminate the walk-through and notify the Contractor in writing. h) If, at any time during the City's evaluation of the corrective Work required by the Punch list, the City discovers that additional corrective Work is required, the City may include that corrective Work in the Punch list. The Contractor shall be solely responsible for the Site until the Project is completely operational, all Punch list items have been corrected, and all operation and maintenance manuals have been accepted by the City. i) The City will meet with the Contractor until all Punch list items are corrected. If the Contractor takes longer than 30 Working Days to complete the corrective Work, the Project shall be subject to re-evaluation. j) j) During the 35-day stop notice/lien period that commences on the date the NOC is recorded, the Contractor shall submit to the City the retention billing. After the City receives the retention billing, the City will mail to the Contractor a "Release of Claims" form, which shall be completed by the Contractor and returned to the City before the retention will be released. k) Upon Acceptance, the Contractor shall assemble and deliver to the City all records, documents, warranties, material certifications, bonds, guarantees, maintenance and service agreements, and maintenance and operating manuals. Written warranties, except manufacturer's standard printed warranties, shall be on the Contractor's and the Contractor's agents, material suppliers, installers, or manufacturer's letterhead, addressed to the Contractor. Warranties shall be submitted in the format described in this section, modified as approved by the City to suit the conditions pertaining to the warranty. 1) See other specification sections for additional requirements. The cost of the Contractor's participation in the punch -list process shall be included in the various items of work and there shall be no additional costs to the City. SECTION 8- LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, 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 $500 Five Hundred Dollars per calendar day. Execution of the Contract shall constitute agreement by the City and the Contractor that Five Hundred Dollars ($500) per day is the minimum value of the costs and actual damages caused by the failure of the Contractor to complete the Work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. SECTION 9- GUARANTEE In conjunction with the manufacturer's warranty/guarantee for all products provided and in accordance with the executed guarantee agreement, all work shall be guaranteed by the Contractor for a period of one (1) year from the date of acceptance of the work against defective workmanship and materials furnished by the Contractor. The Contractor shall promptly replace or repair, in a manner satisfactory to the Engineer, any such defective work, after notice to do so from the Engineer, and upon the Contractor's failure to make such replacement or repairs promptly, the City may perform this work and the Contractor and his surety shall be liable for the cost thereof. SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR 10.1 LABOR 10.1.2 Laws. Pursuant to Sections 1720 et seq. and 1770 et seq. of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate or per diem wages are on file in the City Engineer's office, which copies shall be made available to any interested party on request at the posted reproduction charge. The successful bidder shall post a copy of such wage determinations at each job site. SECTION 11- PROJECT SITE MAINTENANCE 11.1 General. Contractor shall recycle all designated recyclable materials in compliance with the City of National City Municipal Code Chapter 15.80, Construction and Demolition Debris (Ordinance No. 2009-2309). Such materials are, but not limited to, concrete, asphalt, dirt, metals, road base material, wood waste, paper products and tree trimmings. Further, the higher economic costs of landfill disposal versus the lower cost of recycling disposal make it in each contractor's best interest to recycle as much as possible. Proof of compliance with City of National City Municipal Code Chapter 15.80 shall be provided by both completing the Contractor's Affidavit of Disposal, and fulfilling the requirements of Chapter 15.80, including proof of diversion regardless of disposal site. SECTION 12- WATER POLLUTION CONTROL SITE MANAGEMENT (SWPPP) AND GENERAL ENVIRONMENTAL CONDITIONS. 12.1 General. At a minimum, the Contractor shall be required to do the following: Protect all new and existing storm water conveyance system structures from sedimentation and concrete rinse, or other construction related debris and discharges with gravel bags and filter fabric or by any other equal product that is approved by the Resident Engineer. Temporary gravel bags shall be installed, maintained, and later removed as approved by the Resident Engineer. The Contractor will not be paid any additional money for the maintenance, removal and replacement of gravel bag at the same location. Gravel bags fill material shall be one-half to one -inch Class 2 aggregate base, clean and free from clay and deleterious material. Gravel bag fabric shall be woven high -density polyethylene fabric with a minimum unit weight of 5 oz./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. 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. Protect all drainage structures within 100 Feet of the work if there is a threat to water quality. Inlet sediment control measures shall be maintained daily or more often if needed. Maintaining inlet sediment control measures shall include removing and disposing of accumulated trash & debris when depth exceeds one -third the height of filter/trap. Waste materials shall be removed and disposed in accordance with the Green Book Maintaining inlet sediment control protection shall also include daily checks for excessive debris and for damaged inlet sediment control measures. Damaged inlet sediment control measures shall be repaired or replaced immediately. When storm drain inlet protection is no longer required for the work, as approved by the Resident Engineer, the inlet sediment control measures shall be completely removed. Storm drain inlet protection shall not be removed until upstream soils are stabilized. Materials for inlet sediment control shall become the property of the contractor and shall be removed from the site of the work and disposed off -site as specified in the contract. It is the contractor's responsibility to insure that the BMP's are operational and working properly. Furthermore, the Contractor shall be held responsible for any citation and/or fine due discharges or malfunctioning of the BMP's. Contractor shall be responsible for any and all other best management practices (BMPs) that are a threat to the water quality as deemed necessary by the City Engineer. Compensation shall be paid under the various line items. No additional compensation shall be paid. 12.2 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all applicable standards, orders, or requirements of the Environmental Protection Agency regulations (40 CFR, Part 15). 123 FLOOD DISASTER PROTECTION ACT OF 1973.The Contractor shall comply with all applicable standards, orders, or requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001 etseq, as amended). 12.4 GRAFFITI CONTROL. The Contractor shall maintain all site improvements, including any temporary facilities, equipment or other materials in a graffiti free condition throughout the construction period, until acceptance of the project by the City. Graffiti encountered on the job site shall be removed by the Contractor within twenty-four (24) hours. Costs for removal shall be included in the various items of work. 12.5 NOISE ABATEMENT AND CONTROL. The Contractor shall comply with the provisions of the City of National City Municipal Code, Noise Abatement and Control, and the County of San Diego Code of Regulatory Ordinances, Noise Abatement and Control. In the event of conflict, the most stringent requirement shall apply. If the Contractor chooses to conduct work activities during times when a Noise Permit is required, the Contractor shall apply for, obtain, and pay for the Noise Permit at no additional cost to City. The Contractor shall coordinate their activities in such a way that minimizes the disturbance with the any adjacent or nearby schools. The Contractor shall attend any coordination meetings with any schools. The cost of noise mitigation and coordination efforts shall be included in the various items of work and there shall be no additional costs to the City. 12.6 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 structure construction. All debris shall be placed in trash bins daily. Forms and false -work that are to be re -used shall be stacked neatly concurrently with their removal. Forms and false -work that are not to be re -used shall be disposed of concurrently with their removal. 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. 12.7 Sound Control Requirements. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. If required see the attached Mitigated Negative Declaration Document in the appendices. 12.8 Hazardous Waste. If the Contractor encounters material in demolition or work that he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he shall immediately so notify the Engineer in writing. Demolition in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as 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. SECTION 13- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 13.1 Contractor shall replace/repair any property or private improvements, which are damaged or removed as a result of its operations to current City of National City standards and to the satisfaction of the City Engineer in an as good or better condition. Contractor will take measures to minimize inconvenience to the City, including but not limited to: a. Advance notification of the impending work and the estimated duration of the work. b. Care in access to and from the building by the Contractor's equipment, materials and/or personnel. c. Private property and improvements must be repair, restored and/or replaced within 7 days of the completion of the adjacent work. The cost of protecting, removing and restoring of items necessary to complete the work shall be included in the various line items of work and there shall be no additional cost to the City. SECTION 14-PROJECT SAFETY Section 14.1-Safety Orders. The Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and is not limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor, the California Occupational Safety and Health Act (OSHA), and all other applicable Federal, State, County, and City laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein. The Contractor shall develop and maintain 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. 14.2 Public Safety During Non -Working Hours. Notwithstanding the Contractor's primary responsibility for safety on the job site when the Contractor is not present, the Engineer, at his option after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the City. In all cases the judgment of the Engineer shall be final in determining whether or not an unsafe situation exists however this does not alleviate the contractor's responsibility and liability to maintain a safe worksite at all times. SECTION 15- PROJECT CLOSEOUT 15.1 Cleanup. In addition to the requirement that the job site be kept clean during the progress of the work, the contractor is similarly obligated to thoroughly clean up the construction site at 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. Disposal of all waste and refuse shall be at the contractor's expense. No waste or rubbish of any nature is allowed to be disposed of at the site except upon receipt of written approval by the City. 15.2 Final Inspection. When the work is completed satisfactorily, and in accordance with the terms of the contract, the contractor shall submit a written request to the Engineer and Building Department for the final inspection. Upon receiving such notification from the contractor, the City will arrange for the final inspection of the work. The representative of the contractor and the subcontractors should participate in the inspection tour to respond to any questions that may be raised by the representative of the City. Prior to, but in no case later than, the pre -final inspection period, dates should be established for equipment testing, systems validation, acceptance periods, warranty dates, and instructional requirements that may be required by the contract. Following the pre -final inspection of the work, the City's representative will prepare a Punch List setting forth in accurate detail any items of work that have been found to be not in accordance with the requirements of the contract documents. When notified by the contractor that all of the pre -final Punch List items have been completed, the Engineer and his/her representative accompanied by the representatives of the other City Departments with the presence of the Contractor will conduct the final inspection of the work. Then, if all punch list items have been completed satisfactorily, and if no new items are discovered, the final inspection date will be considered as the completion date for the project. If, following the final inspection of any portion of the work, there remains a question as to whether one or more Punch List items have not been properly completed, but otherwise the overall project is substantially complete, the Engineer may issue an updated Punch List and consider the final inspection date as the completion date if the contractor completes the updated punch list items within a specified period of time. 15.3 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. 15.4 Acceptance. The project will be scheduled for the City Council's acceptance if the following items are satisfactorily met: a. The work has been completed satisfactorily, and in accordance with the terms of the contract. b. All of the punch list items have been completed and the project is accepted by the Engineer and signed off as complete and acceptable by the City Building Department. c. Record (As -built) drawings have been submitted and accepted by the Engineer. d. All of the payroll records (contractor and subcontractors) have been submitted and accepted. e. Operating manuals and instructions for equipment items, keying schedule, maintenance stock items, certifications of inspection, and systems validation have been submitted. f. Guarantee Agreement is submitted to and accepted by the Engineer. g. Contractor's Certificate of Completion, Affidavit of Disposal, Affidavit of Payment, Consent of Surety for Final Payment have been signed and submitted to the Engineer. h. Contract Final Balance has been approved or conditionally approved by the Contractor and submitted to the Engineer. i. Notice of Completion will be filed with the County Recorder once all of the above listed items are complete. SECTION 16 - MEASUREMENT AND PAYMENT 16.1 Partial and Final Payment. Invoices shall be submitted in a form satisfactory to the City. As a minimum, the invoice shall include: bid item numbers, unit or lump sum prices bid, the quantities of each bid item for the current and past invoices, the dollar amount of each bid item and a total amount. From each progress estimate, five percent (5%) 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 five percent (5%) 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 payments will be paid within thirty (30) 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 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. Pursuant to California Public Contract Code § 20114.50, the City shall make all progress payments no later than thirty (30) days after receipt of an undisputed and properly submitted progress payment request from the Contractor. Upon receipt of a progress payment request, the City shall review, as soon as practicable, the progress payment request to determine if the progress payment request is proper and accurate. If the City determines that the progress payment request is not proper or accurate or both, the City shall return the progress payment request to the Contractor no later than seven (7) days after receipt If the City returns a progress payment request to the Contractor pursuant to this paragraph, the City shall include a writing setting forth the reasons why the progress payment request is not proper or accurate. If the City fails to make a progress payment no later than thirty (30) days after receipt of an undisputed and properly submitted progress payment request from the Contractor, the City shall pay interest to the Contractor equivalent to the legal rate set forth in Code of Civil Procedure § 685.011(a). ATTACHMENT B PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of ($ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and perfonned 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. PERFORMANCE BOND (continued) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 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 attomey'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 , 2012. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2012, 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: ATTACHMENT C PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. PAYMENT BOND (continued) It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2012. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ) ss On this day of a 2012, 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: ATTACHMENT E DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et sec of the Government Code of the State of California) the undersigned Bidder has set forth below the full name and the location of the place of business of each Subcontractor who will pafonn work or labor or render service to the Prime Contractor in or about the oonshuction 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 bid is responsive, and the portion of the work which will be done by each Subcontractor for each subcontract in excess of one-half of one percent of the Prime Contractor's total bid The Bidder understands that if he fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of his bid, he shall be deemed to have agreed to perform such portion of the work with contractor's own forces. Substitution shall not be allowed, except in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record of the City, setting forth the facts constituting the emergency or necessity. If no subcontractors are to be employed on the project, enter the word "NONE". Item # Subcontractor Description of Work %of Item %10 e Ca K tette t: i i f ' f li 2 Z. fin u;e^ Q.4of £Cs cav# h' 8 7o Use an additional sheet and attach ifnecessary. lumber ofsheets attached for listed subcontractors Percentage (%) of total contact amount that is subcontracted '7 • % po not include specialty items in the calculation,) Sigurd this day of , 2012, ATTACHMENT D CERTIFICATE REGARDING CONTRACTORS LICENSE 1. Contractor is required to possess one of the following State Contractor's License: State of California Class "C-16" 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 readers the proposal nonresponsive and requires the City to reject the proposal. (Business and Professions Code Section 7028.15) 3. Contractor declares, under penalty of perjury, that he possesses the required Contractor's license which: a. Bears the license number: b. Expires on: /K� % Signs— of Prime tractor Date tune of I?�r►�e _tractor Date 4( �ijti �d arz p`` � 1L'DS el 5,,v�t�, �f c " ' Print name and title Print ile and title 5g3ci2l C )30 13 (lithe Prime Contractor is a corporation two signatures of corporate officers are required.) This required license determination has been made by the City of National City. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the City Engineer at least seven (7) days prior to the bid opening. A review of the contemplated work will be made and the City's decision as to the required license will be final. ATTACHMENT F CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides in part as follows: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation to one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I further certify that if I should contract or subcontract with any person, including firm or company, to do all or any part of the work for which this proposal covers, I shall assure compliance by that contractor or subcontractor with the provisions of Section 3700 of the Labor Code. C0s0 err f -/ cdi on 227C, (Legal Name of Contractor) By. Title: /l t) ,/4un"td ee (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.) ATTACHMENT G EMERGENCY NOTIFICATION LIST My/ow representatives at the construction site for the above subject project will be: On site Project Superintendent; edS/-(1on Name Other 24-hour available person with authority to M r Hum f eSs- Name tl14• 95y. &Dey yyy. Oro Cal number/Office number order work: O ST 4lq• Zj-R. 0/3/yy%•z000 el umber/Office number Other 24-hour available person with authority to order work: Ist-ret ,/ UV"( Li/ 7. 2 if - te 7-1/ Name ellumber/erica number I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature . f Prim /9kte lieC/1014t dee Print name and title Signature o .rude .Con r_ Print and title v (If the Prime Contractor is a corporation two signatures of corporate officers are required) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax COSCO FIRE PROTECTION, INC. Underground Fire Line Installation for the National City Nutrition Center Jim Ridley (Housing & Grants) Forwarded Copy of Agreement to Cosco Fire Protection