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Home My WebLink About2013 CON MJC Construction - Removal and Replacement of PipeCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MJC CONSTRUCTION THIS AGREEMENT is entered into this 28th day of January, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MJC Construction, a contractor (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide services to remove and replace the 18" CMP storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC) for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HDPE) corrugated pipe for the remainder. The easement on the private properties is eight (8) feet wide and runs along the southerly property lines. The new storm drain shall be transitioned to run parallel 3.5' to the south of the current location in the first 40' of pipe from the inlet on Prospect and run at that parallel position for the remainder of the pipe on private property. The new pipe shall be transitioned back to its original location within the arc on Grove Street starting the transition al. the property (right-of-way) line on Grove Street. In addition to all other installation requirements the contractor shall wrap the 'A" rock pipe zone with Marafi 180N filter fabric within the private property easements as detailed in attached, Exhibit 2. Length of Agreement. The schedule is set forth below: a) Work commence within 5 working days of notice to proceed; and b) Work to be completed within 20 day as outlined in Exhibit "A". 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein in the not to exceed amount of $43,125.00 (Forty three thousand one hundred twenty five dollars). The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the labor rates) without prior written authorization from CITY for additional unforeseen changes. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. Revised February 2009 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. n 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 $1,000,000 per occurrence/$2,000,000 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 "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: Revised January 2013 2 City of National City ATTN: City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 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 construction permit with the City of National City. The no cost permit can be obtained at the City of National City Engineering 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 (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) 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 Revised January 2013 3 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 biddcrs 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, 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 - Revised January 2013 4 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 At Completion of the Project Attachment H (Guarantee Agreement) Attachment I (Contractor's Certification of Completion) Attachment J (Contractor's Affidavit of Payment) Attachment K (Consent of Surety for Final Payment) Attachment L (Contractor's Affidavit of Disposal) Other specific documents required in this project and referenced herein 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 Revised January 2013 5 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 he 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. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY MJC CONSTRUCTION, INC. Leslie Deese, City Manager By: to e) avie^ (Print) jrrierlez Revised January 2013 6 PPROVED AS TO FORM: udi _ t .. ilva City A CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4583 Fax: (619) 336-4397 Contact: Barby Tipton Title: Project Officer Engineering Department Email: BTipton@NationalCityCA.gov By: (Title) (Name) c�avr�e� Jimenez (Print) P&-e51 dent (Title) MJC CONSTRUCTION, INC. Complete Address: 3015 Sylvia Street Bonita, CA 91902 Phone: (619) 472-5619 Fax: (619 Contact: Javier Jimenez Title: President Email: Taxpayer I.D. No.: 33-0783112 Contractor's License: 754128 Revised January 2013 7 Exhibit A AGREEMENT BY AND BETWEENTHE CITY OF NATIONAL CITY AND MJC CONSTRUCTION INC. Description of Services Location of Work: 18" Corrugated Metal Pipe (CMP) storm drain running East/West from the East side of Prospect Street to the West end of Grove Street between 22"d Street and 24th Street in National City, CA. It is assumed that the existing storm drain runs parallel to the property line running East/West and then arcs on a curve to run Northerly to the storm drain inlet on the West side of Grove Street. Scope of Work: The Contractor shall remove and replace the 18" CMP storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC) for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HDPE) corrugated pipe for the remainder. The easement on the private properties is eight (8) feet wide and runs along the southerly property lines. The new storm drain shall be transitioned to run parallel 3.5' to the south of the current location in the first 40' of pipe from the inlet on Prospect and run at that parallel position for the remainder of the pipe on private property. The new pipe shall be transitioned back to its original location within the arc on Grove Street starting the transition at the property (right-of-way) line on Grove Street. In addition to all other installation requirements the contractor shall wrap the 3/" rock pipe zone with Marafi 180N filter fabric within the private property easements. The Contractor shall install the pipe, replace all surface improvements, install all concrete collar attachments to the existing structures and between different types of pipe in accordance with San Diego Regional Standard Drawings and the 2012 Greenbook. The street section shall be replaced with 4" of asphalt over 8" of Crushed Aggregate Base (CAB). This work shall include the removal of the sunken sewer trench street section on Grove, re -compaction of the subgrade in place and repaving of the trench with 4" of AC over 8" of CAB. The bid price includes all repaving work with a minimum paving width of 48" and a 1' grind and cap 6" beyond the edges of the trench. Any paving required beyond 48" width will be completed at the Engineer's direction at the Contractor's price stated in their Schedule of Values. All underground utilities are unknown to the City. It is the Contractor's responsibility to locate and protect all existing utilities in place. The Contractor shall ensure that all private property within the City's easement is repaired and replaced in a manner that is equal to or better than current site conditions, including import of materials where necessary. Prior to the start of work, the Contractor will provide the Engineer with pictures of the private property improvements that will be affected by the work. The Contractor shall ensure that the grade of private properties shall be restored to pre -construction grade after completion of the work. Exhibit "A" Page 1 of 2 AGREEMENT BY AND BETWEENTHE CITY OF NATIONAL CITY AND MJC CONSTRUCTION INC. Description of Services The Contractor shall ensure all work is completed in a manner that does not compromise or affect abutting properties with special attention to the properties to the South of the location of work. Compensation: The Contractor is assuming all risks for this project and has accounted for them this contract and is including all mobilization/demobilization, manpower, equipment, materials, supervision, insurance, taxes, permits, water quality control, traffic control, overhead, profit, Best Management Practices (BMPs), trench shoring as needed for the safety of the workmen and to protect all property, and all other associated costs and risks and there shall be no additional costs to the City. Exhibit "A" Page 2 of 2 Attachment A — General Contract Conditions 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 he 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 furnish any cost data, which might assist the Engineer in the establishment of such rental rate. 1-1.7.2 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 he 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 shall 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 he 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. 0 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 tasks. 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 monicsdue, 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 thc 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 thc 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 S500 (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; construction 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. j) 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) 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 arc, 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). 12.3 FLOOD DISASTER PROTECTION ACT OF 1973.The Contractor shall comply with all applicable standards, orders, or requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001 etseq, as amended). 12.4 GRAFFITI CONTROL. The Contractor shall maintain all site improvements, including any temporary facilities, equipment or other materials in a graffiti free condition throughout the construction period, until acceptance of the project by the City. Graffiti encountered on the job site shall be removed by the Contractor within twenty-four (24) hours. Costs for removal shall be included in the various items of work. 12.5 NOISE ABATEMENT AND CONTROL. The Contractor shall comply with the provisions of the City of National City Municipal Code, Noise Abatement and Control, and the County of San Diego Code of Regulatory Ordinances, Noise Abatement and Control. In the event of conflict, the most stringent requirement shall apply. If the Contractor chooses to conduct work activities during times when a Noise Permit is required, the Contractor shall apply for, obtain, and pay for the Noise Permit at no additional cost to City. The Contractor shall coordinate their activities in such a way that minimizes the disturbance with the any adjacent or nearby schools. The Contractor shall attend any coordination meetings with any schools. The cost of noise mitigation and coordination efforts shall be included in the various items of work and there shall be no additional costs to the City. 12.6 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 arc 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 Bond No. 0588781 *Premium: $1,294 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, has awarded to M!C Construction, Inc. "Principal", the removal and replacement of the 18" CMP storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC} for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HOPE) corrugated pipe for the remainder. 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 Allegheny Casualty Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal surn of Forty three thousand one hundred twenty {$43,1251 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 15 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 per -formed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or Exhibit A 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 Exhibit A. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of wh,ch shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 31st day of January , 2013. Allegheny Casualty Company (SEAL) MJC Construction (SEAL) (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) (SEAL) Surety Principal PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF J ss *** SEE ATTACHED CERTIFICATE *** COUNTY OF On this day of , 2013, 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 corporaton 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: I......,..,........,,,....:„...:.....;.•''.p 1'.(47: .:.,.1.•:.).:..62.44.1-'7: NV— -.,... :'...--•:..:-,...i-'']..•••,..:: .....,,. -...:•••• ...--.H... ...... . . ..: ....... „..........:.. ...„....r.....,......:,... ..... ',...P..:.....OWEk..'0F"'ATTORNE..,, = • ALLEGHENY CASUALTY COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That ALLEGHENY CASUALTY COMPANY, a corporation organized and existing pursuant to the laws of the State of Pennsylvania, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint BART STEWART Encinitas, CA. . . its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting called and held on the 7th day of February, 1974. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000. RESOLVED, that (I) the President, Vice President, or Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Company and affix the Company's seal thereto, bonds, undertakings, recognizances., contracts of indemnity and other written obligations in the nature thereof of related thereto: and (2) any such Officers of the Company may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Company; and (3) the signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal may. be affixed by .facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, ALLEGHENY CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 12th day of November. A.D. 2009. ALLEGHENY CASUALTY COMPANY STATE OF NEW JERSEY County of Essex On this 12th day of November 2009, before ine came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the ALLEGHENY CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. 0,4•'„c,‘ 01. .11. • ' • * t a • 4 - •"t,43, •-'41fBC1C . F .„0 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION 1, the undersigned officer of ALLEGHENY CASUALTY COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect r 5‘ IN TESTIMONY WHEREOF, I have hereunto set my hand this 3\ day of )s, 3 A NOTARY PUBLIC OF NEW JERSEY My Commission Expires March 27, 2014 :-• " •:" •.:: • •••:„,•• ••••,••••••„, ,,, .,„:•,,„„:.,.... MEL CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On 01-31-13 before me, Laura Ashley Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(s) whose name :, - subscribed to the within instrument and acknowledged to me that executed the same in is er/their authorized capacity(ies)3 and that bycr/their signature( on the instrument the persons}, or the entity upon behalf of which the persons) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT Pu ij andofficial seal. (Notary Seal) 1 1 LAURA ASHLEY ACEVES j Commission No. 1927951 gi NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY My Comm. Expires MARCH 7, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) II1 Attorney -in -Fact ❑ Trustee(s) ❑ Other • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cert Eying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a. sufficient area permits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. o' Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com Bond No. 0588781 *Premium Included In Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National has awarded a contract to MJC Construction, Inc., hereinafter designated as the "Principal", to remove and replace the 18" C V1P storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC) for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HDPE) corrugated pipe for the remainder. 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 Allegheny Casualty Company as surety, are held and firmly bound unto the City Council of the City of Nationa' City, hereinafter called the "Council", in the penal sum of Forty three thousand one hundred twenty ($43,125) 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 15 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, 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 31st day of January , 2013. Allegheny Casualty Company (SEAL) r (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) MJC Construction Surety Principal (SEAL) (SEAL) (SEAL) PAYMENT BOND (continued) ATTORNEY-iN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss *** SEE ATTACHED CERTIFICATE *** COUNTY OF On this day of , 2013, 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: TeI7)62412OO POWER �F ATTORNEY ALLEGItENV-,.:CASOALTY COMPANY• HOME OFFICE: .ONE.NENARK,cENTER, 2fITR EL�OR• NEWARK, NEW. JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That ALLEGHENY CASUALTY COMPANY, a cmporation organized and existing pursuant to the laws of the State of Pennsylvania, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint BART STEWART Encinitas, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting called and held on the 7th day of February, 1974. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meetmg duly held on the 15th day of August, 2000. RESOLVED, that (1) the President, Vice President, or Secretary of ALLEGHENY CASUALTY COMPANY shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Company and affix the Company's seal thereto, bonds, undertakings, recognizances, contracts of indemnityand other written obligations in the nature thereof of related thereto: and (2) any such Officers of the Company may appoint and revoke the appointments of joint -control custodians,agents for acceptance of proeess, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Company; and (3) the signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal maybe affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, ALLEGHENY CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 12th day of November, A.D. 2009. ALLEGHENY CASUALTY COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 12th day of November 2009, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the ALLEGHENY CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March 27, 2014 I, the undersigned officer of ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect 3 ' 3\8 avoaAc.i (a0t3 A - IN TESTIMONY WHEREOF, I have hereunto set my hand this day of x • • „44.Lt,„?.,.. • -, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On UI -3I`13 before me, Laura Ashley Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person whose nam is subscribed to the within instrument and acknowledged to me that elhe/they executed the same in is authorized capacity(ie4 and that byer/their signature(s) on the instrument the person¢$, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. d and official seal. 1 (Notary Seal) I LAURA ASHLEY ACEVES Commission No. 1927951 g NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Expires MARCH 7, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certfing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CERTIFICATE REGARDING CONTRACTOR'S LICENSE 1. Contractor is required to possess one of the following State Contractor's License: State of California Class "A" Contractor's License 2. A failure to possess the required license, a failure to truthfully set forth the following information, or a failure to execute this Certificate renders the proposal nonresponsive and requires the City to reject the proposal. (Business and Professions Code Section 7028.15) 3. Contractor declares, under penalty of perjury, that he possesses the required Contractor's license which: a. Bears the license number: 754128 b. Expires on: r Signature of Prime Contractor 1 • Date Signature o rime Contractor Date t.Jav i-ef .1irn ez Or'GS, Print name and title �US0 ✓)r,ca aJ I merle-2. Print name and title • (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 3rp . feU-etrr-y Attachment E - -Designation of Sub -contractors 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 perform work or labor or render service to the Prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications to which the attached 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 Use an additional sheet and attach if necessary. Number of sheets attached for listed subcontractors Percentage (%) of total contract amount that is subcontracted % (Do not include specialty items in the calculation.) Signed this day of alu u-\/ , 2013. gnature of Prime Contractor V_)CivIc_.r- NaIrnei►ey Print name and title Date Signature of 9zrifne Contractor Date CjUSGh)1c, 0 7Pr) enez Print name and title Attachment F — Certificate of Workers' compensation Insurance 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. jayz (Legal Name of Contractor) By: Title: 6R- �den� (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 CONSTRUCTION EMERGENCY NOTIFICATION LIST Javier Jimenez Sr Phone# 619-666-2409 Francisco J. Jimenez Jr. Phone# 619-250-9199 Susanna Jimenez Phone# 619-666-2408 Miriam Valdez Phone# 619-210-5370 3015 Sylvia Street, Bonita, CA 91902 (619)472-5619 Attachment H — Guarantee Agreement GUARANTEE AGREEMENT We hereby guarantee that removal and replacement of the 18" CMP storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC) for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HDPE) corrugated pipe for the remainder for the Grove Street Project, has been installed in accordance with the drawings, contract and that the work as installed will fulfill the requirements included in the contract. The undersigned agrees to promptly repair or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of one (1) year from the date of acceptance of the above referenced project by the CITY, ordinary wear and tear and unusual abuse or neglect excepted. The Contractor also agrees to hold the CITY harmless from claims of any kind arising from damage due to said defects in the work constructed under the Contract. In the event that the undersigned fails to comply with the abovementioned conditions within a reasonable period of time, as determined by the CITY, the undersigned hereby authorizes the CITY to proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City for the cost thereof. Firm name Address Signature of Prime Contractor or Sub -Contractor Signature of Prime Contractor or Sub -Contractor Print name and title Print name and title Countersigned (required by Prime Contractor if this Guarantee Agreement is for a Sub -Contractor): Firm name Address Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title Contact for Service: Name Address Telephone number and email address Attachment I — Contractor's Certification of completion CONTRACTOR'S CERTIFICATION OF COMPLETION DATE: TO: City Engineer City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 FROM: MJC Construction, Inc. This is to certify that I, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract: I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, Exhibit A The contract work is now complete in all parts and requirements, and ready for your final inspection. I understand that neither the determination by the Engineer that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the contract documents. Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title Of the Prime Contractor is a corporation two signatures of corporate officers are required.) Attachment J — Contractor's Affidavit of Payment CONTRACTOR'S AFFIDAVIT OF DISPOSAL WHEREAS, on the day of , 2013, the undersigned entered into and executed a contract with the City of National City, a municipal corporation, for to remove and replace the 18" CMP storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC) for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HDPE) corrugated pipe for the remainder, as particularly described in said contract and identified as the Grove Street Project , and WHEREAS, the requirements of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of National City Municipal Code, Chapter 15.80, Construction and Demolition Debris (Ordinance No. 2009-2309). WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the City of National City Municipal Code has been furnished. NOW, THEREFORE, in consideration of the final payment by the City of National City to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s): Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site Address of disposal site Address of disposal site Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site Address of disposal site Address of disposal site By signing and submitting this form to the City of National City on this day of , 2013, I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or misrepresentation. Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) Attachment K - - Consent of Surety for Final Payment CONSENT OF SURETY FOR FINAL PAYMENT In accordance with the provisions of the contract between the City and the Contractor, and the following named Surety: on the Payment Bond in the amount of Dollars, of the following named Contractor: hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the City of National City, California, as set forth in said Surety company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this day of , 2013. (CORPORATE SEAL) Signature of Authorized Surety Representative Title Attachment L— Contractor's Affidavit of Disposal CONTRACTOR'S AFFIDAVIT OF PAYMENT To All Whom It May Concern: WHEREAS, the undersigned has been contracted by the City of National City to furnish labor and materials for the removal and replacement of the 18" CMP storm drain in its entirety with 18" C-900 Polyvinyl Chloride (PVC) for the straight section on private properties and 18" heavy duty water tight, dual wall High Density Polyethylene (HDPE) corrugated pipe for the remainder., under a contract dated the 29th day of January, 2013, in the City of National City, County of San Diego, State of California, of which City of National City is the Owner. NOW, THEREFORE, this day of , 2013 the undersigned, as the Contractor for the above -named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible. EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.) Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) Attachment C - Payment Bond Attachment D — Certificate Regarding Contractor's License Policy Number: Date Entered: 3/22/2011 AR o CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DD/YYW) 1/31/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Webster Insurance Agency 8315 LA MESA BLVD LA MESA, CA 91942 CT NAME. ACLAUDIA@WEBSTERINSUR. COM PHONE FAX Em (619) 433-3801 (A/C, No), (619) 466-9474 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC i INSURER a: MID-CENTURY INSURANCE COMPANY 21687 INSURED JIMENEZ, INC. DBA: MJC CONSTRUCTION 3015 SYLVIA STREET BONITA, CA 91902 INSURER B: INSURER(C: INSURERD: INSURER E: INSURER F : VERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLJY FFF (MM/DDIYYYY POLICY ) (MMfDD1WYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ - 5/ 1AGE TO RENTED PREMISES (Ea occurrence) $ iCLAIMS-MAE.E MED EXP (Any one person) $ PERSONAL & ADV INWRY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PROCLCTS - COMP/OPAGG $ POLICY PRO JE_i LOC $ A L AUTOMOBILE LIABILITY _ANY AUTO ALL OWNED AUTOS X HIRED SCHEDL_ED AUTOS NON-Ob`MED AUTOS 604813553 4/28/2012 4/28/2013 COMBINED S NGLE L IM IT (Ea acoident ,000,000 EMDII Y INJURY (Per person) $ $ $ RODE Y INJURY (Per accident PROPERTY DAMAGE (Per ecade(1L) $ — UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE. $ A.GGREGATF DED RETENTION $ $ WORHERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OF-ICER/MEMBER EXC. LF€Dn (Mandatory in NH) IF yes. describe under DESCRIPTION OF OPERATIONS Y/N r N/A WC STATU- 0T11- TORY LIMITS ER EL EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ below✓ EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *10 DAYS NOTICE FOR NON-PAYMENT/30 DAYS ALL OTHERS. NATIONAL CITY IS NAND AS ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION NATIONAL CITY ENGINEERING DEPARTMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORED REPRESENTATIVE Ken Webster © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing 800-208-1977 POLICY NUMBER: 604813553 BUSINESSOWNERS BP04•500197 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: NATIONAL CITY * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured, BP 04 50 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ 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 MJC CONSTRUCTION Removal of 18" CMP Storm Drain Pipe Lynn Cole (Engineering) Forwarded Copy of the Agreement to MJC Construction