HomeMy WebLinkAbout2013 CON Cisco Fire Protection - Sprinkler Flapper Valve Removal - 922 West 23rd StreetCITY OF NATIONAL CITY
SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
COSCO FIRE PROTECTION, INC.
THIS AGREEMENT is entered into this 12th day of December, 2013, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Cosco Fire
Protection Inc., 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 as detailed in
attached, Exhibit "A" :
Fire sprinkler system and flapper valve removal project at 922 W. 23 Street
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 working days of execution of contract but no
later than December 31, 2013.
3. Compensation. The total compensation to CONTRACTOR for providing the
services set forth herein in the not to exceed amount of $23,089 as outlined in Exhibit "A". The
compensation for CONTRACTOR's work shall be based upon current California prevailing
wages and shall not exceed those rates for time and materials work without prior written
authorization from CITY. Contractor shall provide certified payroll documents.
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.
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
Revised February 2009
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:
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
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2
this Agreement. CITY shall cooperate reasonably in the defense of any action, and
CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney.
9. Acceptability of Work. The City shall, with reasonable diligence, determine the
quality or acceptability of the work, the manner of performance and/or the compensation payable
to the CONTRACTOR.
10. Business License. CONTRACTOR must possess or shall obtain business license
from National City Finance Department before beginning work.
11. Construction Permit. After execution of the Contract and prior to beginning
work, the Contractor shall obtain a building/construction permit with the City of National City.
The no cost permit can be obtained at the City of National City Building Department 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
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.
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3
14. Construction Safety. In addition to Section 6700 et seq. of the California Labor Code,
in the event any proposal includes the excavation of any trench or trenches five feet (5') or more
in depth, the successful bidder shall submit for acceptance by the City of National City, in
advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other
provisions to be made for worker protection from the hazard of caving ground during the
excavation of such trench or trenches. The shoring and bracing plan shall be signed by a
qualified Registered Engineer. In the event any proposal includes the construction of a pipeline,
sewer, sewer disposal system, boring and jacking pits, or similar trenches or open excavations
which are five feet (5') or deeper, each bid shall include adequate sheeting, shoring and bracing,
or equipment method, for the protection of life or limb, which shall conform to the applicable
safety orders.
The Contractor is required to comply with the State of California Construction Safety Orders
(CAL/OSHA) for securing safety in places of employment.
15. Civil Rights. The City of National City hereby notifies all bidders that it will
affirmatively ensure that in any Contract entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to this invitation
and will not be discriminated against on the grounds of race, religious creed, color, national
origin, ancestry, physical handicap, medical condition, marital status, sex or sexual orientation,
in consideration for an award.
16. American with Disabilities Act. The contractor acknowledges its obligations under
the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto,
including but not limited to discrimination against qualified individuals with disabilities in
employment, transportation, public accommodation, telecommunications, and in all activities,
programs, and services of the contractor.
17. Certified Payroll. This project requires the payment of California State Prevailing
Wages. The Contractor will be required to submit certified weekly payroll reports for all workers
employed on the project in a form acceptable to the Engineer and as per requirements of the
State of California Department of Industrial Relations. The prime contractor shall submit a
"Statement of Non -Performance" for each week that no work was performed on site. Each sub-
contractor shall submit a "Statement of Non -Performance" for each week that no work was
performed on site, beginning with week one of the Project.
18. Registered Apprentices Contractor shall be required to employ Registered
Apprentices in accordance with Sections 1777.5 and 1777.6 of the State of California Labor
Code.
19. Notary Public. All signatures on the Contract and both required surety bond forms
shall be notarized on each document.
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4
20. Retention. From each progress estimate, five percent (5%) will be deducted and
retained by the City, and the remainder, less the amount of all previous payment, will be paid to
the Contractor. The five percent (5%) retention shall apply to all work done. Pursuant to Section
10263 of the Public Contract Code of the State of California, the Contractor has the option to
deposit securities with an escrow agent as a substitute for retention earnings required to be
withheld by this contract. Written consent of the surety to each escrow agreement is required.
21. General Contract Conditions- The General Contract Conditions attached as
Attachment A are binding upon Contractor and are incorporated herein as though fully set forth.
22. The Following Documents Must be Completed, Signed and Submitted
22.1 Prior To Start of Construction
Attachment B-Performance Bond
Attachment C-Payment Bond
Attachment D- Certificate Regarding Contractor's License
Attachment E- Designation of Sub -Contractors
Attachment F- Certificate of Workers Compensation Insurance
Attachment G- Emergency Notification List
22.2 During Construction
Weekly Certified Payroll Statements (State of California)
Changes to Work Schedules
22.3 At Completion of the Project
Attachment H (Guarantee Agreement)
Attachment I (Contractor's Certification of Completion)
Attachment J (Contractor's Affidavit of Payment)
Attachment K (Consent of Surety for Final Payment)
Attachment L (Contractor's Affidavit of Disposal)
Other specific documents required in this project and referenced herein
23. Miscellaneous Provisions.
A. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
B. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof
C. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
Revised August 2011 5
D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
E. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
F. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
G. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The CONTRACTOR shall comply with all
laws, including federal, state, and local laws, whether now in force or subsequently enacted.
H. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
I. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
J. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
any rule or construction to the effect that ambiguities are to be resolved against the drafting party
shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR
on the date and year first above written.
Signature page to follow
Revised August 201 1
CITY OF NATIONAL CITY
Leslie Deese, City Manager
ROVED AS TO FORM:
Claudia G 1va
City Atto
CONTACT INFORMATION
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4301
Phone: (619) 336-4585
Fax: (619) 336-4594
Contact: Rick Hernandez
Title: Facilities Maintenance Supervisor
Public Works Department
Email: RHemandez@NationalCityCA.gov
Revised August 2011
COSCO FIRE PROTECTION, INC.
(2 Corporate Officer signaluree required)
(Print)
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(Title)
By:L
(Name)
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V'c& 19126sib& r/Derr()
(Title)
COSCO FIRE PROTECTION, INC.
Complete Address:
10695 Treena Street, #105
San Diego, CA 92131
Phone: (858) 444-2000
Fax: (858)
Contact: Jereme Huntress
Title: Email:
Taxpayer I.D. No.:
Contractor's License: CI6-577621
7
•
CITY OF NATIONAL CITY
SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
(Contractor's Name) /
Description of Services,
Location and Scope of Work:
Exhibit "A"
1. All work is for the water service to the fire sprinkler system for the Train
Museum in the City of National City at 922 West 23rd Street.
2. Remove the "flapper valve" and related assembly located in the public
concrete sidewalk located on Bay Marina Drive between Marina Way and the trolley
tracks and re -connect the water line.
3. The Fire Department Connection (FDC) shall be removed from its current
location and connected to the fire service line on the private side of the backflow
preventer. The FDC will be relocated easterly approximately 30 feet from its
current location and be set between the back of sidewalk and the fence. The service
line will be restored where the FDC is removed.
4. Certify the backflow preventer.
5. Re -energize and certify the building sprinkler system.
6. Restore all public and private improvements to "as good or better" condition.
7. Provide all drawings and engineering necessary to obtain all required
permits.
8. Obtain and pay for all required permits and inspections.
9. Obtain all final inspections and complete all permit requirements.
10. Meetings with the City, Sweetwater Authority and any other agency/owner
as necessary to complete the project.
11. Prepare a traffic control plan and obtain a no -cost traffic control permit from
the City prior to the commencement of fieldwork.
12. Provide "As -Built" plans to the City and Sweetwater Authority.
13. Provide and maintain water quality control (BMP's) throughout the project.
All underground utilities are unknown to the City. It is the Contractor's
responsibility to locate and protect all existing utilities in place.
Prior to the start of work, the Contractor will provide the Engineer with pictures of
the private and public property improvements that will be affected by the work.
Page 1 of 3
ntractor's Initials
Exhibit "A"
The Contractor is assuming all risks for this project and has accounted for them in
this bid 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.
By submitting this bid the Contractor agrees to begin the work within 3 working
days of the execution of this contract and complete the work no later than 20
working days after execution of the contract.
The contractor shall submit a Schedule of Values that represents each type of work
that is to be performed, and that Schedule of Values shall total the bid price. The
contractor agrees that any work deemed by the City Engineer to be additional work
and that is directed by the City Engineer to be done shall be done at the prices in the
contractor's Schedule of Values. As such, the Schedule of Values shall be broken
down into unit prices. The contractor's number of units used in the Schedule of
Values shall not be deemed to be the scope of work or place any limits on the scope
of work but shall fairly represent the quantity of work to be done and is for possible
extra work valuation purposes only. The contractor understands that this is
emergency work and submits their lump sum bid price as a full price for all work
that is necessary to complete the work as described above and that any reasonable
variations in the quantity, type and difficulty of work is expected and accounted for
in the contractor's bid.
Lump Sum Price: /r/1.-4') / n j7n
(written amount)
'11.6 4i? dollars, and 1--k cents.
Since this is emergency work, the City will select the Contractor based on price and
their ability to perform the work immediately.
The Contractor is aware of the City's insurance requirements and shall provide the
City with its normally required insurance certificates and endorsements for Public
Works projects with 3 days of the execution of this contract.
The Contractor shall be paid upon completion and acceptance of the work.
By signing and submitting this bid the Contractor affirms that they have visited the
site and are familiar with the scope of work and the existing conditions that must be
accounted for that may affect the type, difficulty and quantity of work to be
completed. The Contractor further affirms that the lump sum price bid includes
everything necessary for a complete turn -key project and that there are no
additional costs to the City.
Page 2 of 3
C % tractor's Initials
Submitted to the City Engineer on: A I t-- 1, I , 2013.
//�
2nd Corporate Officer Siplature
-
Contractor's Signature
Exhibit "A"
Print name and title Print name and title
Company name
Address '12_jj j
Telephone number
f.: leo -
CA State Contractor License #
Page 3 of 3
Cgfntractor's Initials
ATTACHMENT A
GENERAL CONTRACT CONDITIONS
SECTION 1 - CHANGES IN WORK
1-1 CHANGES INITIATED BY THE CITY
1-1.1 General. With the signing of the contract documents, the contractor acknowledges that
his representative is authorized to sign change orders.
1-1.2 Agreed Prices. All proposed change order work shall be submitted with a detailed cost
estimate. The detailed cost estimate shall indicate material, labor, equipment, overhead, and all
incidentals required to perform change in work.
1-1.3 Payment for Overtime Work. Except as otherwise provided in this Section, the
Contractor shall not receive additional compensation for overtime work; i.e., work in excess of
eight (8) hours in any one calendar day or forty (40) hours in any one calendar week, even
though such overtime work may be required under emergency conditions and may be ordered by
the Engineer in writing. Additional compensation will be paid to the Contractor for overtime
work only in the event extra work is ordered by the Engineer and the change order specifically
authorizes the use of overtime work and then, only to such extent as overtime work of a similar
nature in the same locality.
All costs of inspection and testing performed during overtime work by the Contractor, which is
allowed solely for the convenience of the Contractor shall be borne by the Contractor. The City
shall have the authority to deduct the cost of all such inspection and testing from any partial
payments otherwise due to the Contractor.
1-1.4 General. The Contractor, in providing the services set forth herein, shall not, perform
work in excess of the project without the written permission of the City or its designated
representative. All requests for extra work shall be by written change order submitted to the City
prior to the commencement of the work.
1-1.6 Payment.
1-1.7.1 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual cost for wages prevailing for each craft or
type of workers performing the extra work at the time extra work is done, plus a labor
surcharge set forth in the California Department of Transportation publication entitled
"Labor Surcharge and Equipment Rates", which is in effect on the date upon which the
work is accomplished and which is a part of the Contract. Said labor surcharge shall
constitute full compensation for all payments imposed by the State and Federal laws and
for all other payments made to, or on behalf of, the workman, other than the prevailing
wages.
nitials
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 be applied one time only
to the performing Subcontractor's total cost.
Costs for additional bond premiums shall be calculated at the end of the project and a change
order for the credit or additional costs shall be paid at that time by Change Order.
SECTION 2- DISPUTE RESOLUTION PROCESS.
2-1.1 Mandatory Non -Binding Mediation. If a dispute arises out of, or relates to this contract,
or the breach thereof, and if said dispute cannot be settled through contract provisions provided
for claim settlement or negotiations, the parties agree to first endeavor to settle the dispute in an
amicable manner, using mandatory mediation under the Construction Industry Mediation Rules
of the American Arbitration Association or any other neutral organization agreed upon before
having recourse in a court of law.
2-1.2 Mandatory Mediation Costs. The expenses of witnesses for either side shall be paid by
the party producing such witnesses. All other expenses of the mediation, including required
traveling and other expenses of the mediator, and the cost of any proofs or expert advice
produced at the direct request of the mediator, shall be borne equally by the parties, unless they
agree otherwise.
2-1.3 Selection of Mediator. A single mediator that is acceptable to both parties shall be used
to mediate the dispute. The mediator will be knowledgeable in construction aspects and may be
selected from lists furnished by the American Arbitration Association (AAA) or any other agreed
upon mediator. To initiate mediation, the initiating party shall serve a Request for Mediation on
the opposing party. If the mediator is selected from a list provided by AAA, the initiating party
shall concurrently file with AAA a "Request for Mediation" along with the appropriate fees; a
copy of requested mediators marked in preference order, and, a preference for available dates.
If AAA is selected to coordinate the mediation (Administrator), within 10 Working Days from
the receipt of the initiating party's Request for Mediation, the opposing party shall file the
following: a copy of the list of the preferred mediators listed in preference order, after striking
any mediators to which they have any factual objection, and, a preference for available dates. If
the parties agree not to use AAA, then a mutually agreed upon mediator, date and place for the
mediation shall be agreed upon.
The Administrator will appoint or the parties shall agree upon the highest, mutually preferred,
Mediator from the individual parties' lists who is available to serve within the designated time
frames.
2-1.4 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal
manner and discovery will not be allowed.
The discussions, statements, or admissions will be confidential to the proceedings and will not be
used for any other purpose as it relates to the party's legal position. The parties may agree to
exchange any information they deem necessary.
Both parties shall have an authorized representative attend the mediation. Each representative
shall have the authority to recommend entering into a settlement. Either party may have
attorney(s), witnesses or expert(s) present. Either party may request a list of witnesses and
notification whether attorney(s) will be present.
Any resultant agreements from mediation shall be documented in writing. Mediation results and
documentation, by themselves, shall be "non -binding" and inadmissible for any purpose in any
legal proceeding, unless such admission is otherwise agreed upon, in writing, by both parties.
Mediators shall not be subject to any subpoena or liability and their actions shall not be subject
to discovery.
2-1.5 Dispute Resolution Board. If mediation is unsuccessful in settling the dispute and if both
parties agree, a no mandatory dispute resolution board process may be used. The parties may
impanel a Dispute Resolution Board (DRB) and the DRB process shall be conducted in
accordance with the City's alternative dispute resolution process, utilizing board members who
are individuals who have expertise in construction. The selection process shall be administered
by the American Arbitration Association, or any other such neutral organization selected by the
City, hereinafter called the "Administrator". Claims made for $60,000 or less shall be heard by 1
DRB member and claims for more than $60,000 shall be heard by 3 DRB members.
To initiate the DRB procedures, the parties shall jointly execute and file a "Submission to
Dispute Resolution Board Procedures" request with the Administrator. Upon receipt by the
Administrator of the submission form, the Administrator shall furnish to the parties a list of
individuals skilled in dispute resolution and having expertise in construction from which to select
the Dispute Resolution Board. Within 10 Working Days from the date the list is sent to the
parties, the parties shall return the list to the Administrator, striking any individuals to which the
parties have any factual objections and numbering the remaining in preference order. The
Administrator shall appoint the highest mutually preferred individuals to the DRB that are
available to serve in the time frame designated above.
2-1.6 Dispute Resolution Board Costs. The costs for DRB hearings and proceedings, which
include those of either the 1 person or 3 person boards hearing the dispute, will be shared equally
by both parties. Fees shall be jointly negotiated by both parties directly with the DRB
Administrator.
2-1.7 Conduct of Dispute Resolution Board Hearings. DRB hearings shall be informal and
discovery shall not be permitted. The parties may agree to exchange any information they deem
necessary. Each party shall have a maximum of 2 hours for presentation, unless otherwise
agreed upon. Outside experts, including attorneys, may address their specialty if the opposing
party is notified in advance. Each party will be given full opportunity to present its views and
supporting information, including documents, drawings, or other pertinent material. All such
evidence and displays shall be considered confidential and shall be retained by the presenting
party. Discussions or admissions during DRB discussions shall be considered as part of
privileged settlement discussions, without prejudice to any party's legal position.
Any resultant agreements from a DRB Hearing shall be documented, in writing, by both parties.
The DRB results and documentation, by themselves, shall be non -binding and inadmissible for
any purpose in any legal proceeding, unless such admission is otherwise agreed upon, in writing,
by both parties. DRB members shall not be subject to any subpoena or liability and their actions
shall not be subject to discovery.
Within 10 Working Days after the hearing, the DRB will make its recommendation, in writing,
for resolution of the dispute to all parties. The DRB will strive for consensus and unanimity in
its decision making. If such is unattainable, however, separate written recommendations may be
made as majority or minority reports.
2.2 CLAIMS.
Claim is a written demand by the Contractor that seeks an adjustment in the Contract Price or the
Contract Time, or other relief associated with a dispute arising under or relating to the Contract,
including a breach of any provision thereof. A voucher, invoice, or other routine request for
payment is not a Claim.
A Claim shall conform to these specifications and may be considered after the City has
previously denied a request by the Contractor for a Change Order seeking the demanded relief.
The Contractor 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 be in writing and
shall be delivered to the City within 30 days of the date of the Initial Determination. The City
will deliver a Final Determination to the Contractor within 30 days after receipt of the
Contractor's written request. Final Determination is the City's final written decision on the
Contractor's appeal of the City's Initial Determination on the Contractor's Claim.
2-3.6 Settlement Meeting. Within 15 Working Days of receipt of the Contractor's request for a
"Settlement Meeting", the Engineer will schedule a "Settlement Meeting" between the
Contractor's representative, the City's representative, and the Engineer. This meeting will be an
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opportunity for the Contractor to explain its claim to senior management of the City. If a
settlement agreement cannot be reached, the Engineer and the City will proceed to make a joint
written determination.
2-3.7 City's Determination. The City will make a written determination within 20 Working
Days after the settlement meeting. The written determination shall be final and binding on the
Contractor unless the Contractor notifies the City and the Engineer in writing of its objection
within 15 Working Days after receipt of the written determination, and files a "Request for
Mediation" in accordance with 3-6, "DISPUTE RESOLUTION PROCEDURES." Failure to
give notice of objection within said 15 Working Days period shall be deemed to be a waiver of
its right to pursue the claim.
2-3.8 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or
relates in any way to the Services provided under this contract, upon the City's request, the
Contractor agrees to assist in resolving the dispute or litigation. The Contractor assistance
includes, but is not limited to, providing professional consultations, attending mediations,
arbitrations, depositions, trials or any event related to the dispute resolution, litigation, or both.
2-3.9 Attorney Fees Related To Mandatory Assistance. In providing the City with dispute or
litigation assistance, the Contractor and or Subcontractors or their agents, officers, and
employees may incur expenses and or costs. The Contractor agrees that any attorney fees it may
incur are not reimbursable.
2-3.1.0 Compensation for Mandatory Assistance. The City will reimburse the Contractor for
reasonable fees and expenses incurred by the Contractor for any required assistance rendered in
accordance with 3-7.8, "Mandatory Assistance" as Extra Work. The City in its sole discretion
shall determine whether these fees and expenses were necessary due to the conduct of or failure
to act by the Contractor or Subcontractors or their respective agents, officers, and employees. If
the City determines that the basis of the dispute or litigation in which these fees and expenses
were incurred were the result of the conduct of or failure to act by the Contractor or
Subcontractors or their respective agents, officers, and employees, in part or in whole, the City
shall be entitled to be reimbursed for any payments made for these fees and expenses.
Reimbursement may be through any legal means necessary, including the City's withholding of
payment.
SECTION 3 - CONTROL OF MATERIALS
3-1 MATERIALS AND WORKMANSHIP
3-1.1 Protection of Work and Materials.
3-1.2 Property Rights in Material. Nothing in the contract shall be construed as vesting in
the contractor any right of property in the materials used after they have been attached or affixed
to the work or the soil. All such materials shall become the property of the City upon being so
attached or affixed.
SECTION 4 - PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK
4-1.1 Construction Schedule. The contractor shall comply with the following construction
schedule requirements:
a) The Contractor shall be responsible for developing, coordinating, revising, updating, and
maintaining the cost loaded construction schedule (Schedule) utilizing the Critical Path
Method (CPM).
b) Schedule versions shall be based solely on the Work as awarded, and shall exclude any
substitute proposals even if the Contractor pursues a substitution in accordance with
provisions of the Contract.
c) The approved proposals and approved Change Orders shall be included in the Schedule
updates.
d) Total float is the number of days by which a part of the Work in the Schedule may be
delayed from its early dates without necessarily extending the Contract Time. The
Contract float is the number of days between the Contractor's anticipated date for early
completion of the Work, or specified part, and the corresponding Contract Time. Total
float and Contract Time float belong to the Project and are not for the exclusive benefit of
any Party. They shall be available to the City or the Contractor to accommodate changes
in the Work or to mitigate the effect of events, which may delay performance or
completion.
e) Monthly progress payments are contingent upon the submittal of an updated Schedule to
the Engineer. The City may refuse to recommend the whole or part of any monthly
payment if, in the Engineer 's opinion, the Contractor's failure, or refusal to provide the
required Schedule information precludes a proper evaluation of the Contractor's ability to
complete Project within the Contract Time.
f) The Schedule shall show a breakdown of Work into activities and relationships to the
extent required to effectively manage the Work. The Schedule shall show the division of
the Work into activities and specify the progression from the Notice to Proceed (NTP) to
the end of the Contract Time.
g) The Schedule shall include appropriate time allowances and constraints for submittals,
items of interface with Work performed by others, and specified construction, start-up
and performance tests.
h) The Contractor shall include in the Schedule inclusive in the Contract Time allotted, three
3 Working Days for the City to conduct a Walk-through.
i) The Contractor shall include in the Schedule inclusive in the Contract Time allotted 10
Working Days for generation of the Punchlist. The Contractor shall Work diligently to
complete all Punchlist items within 20 Working Days after officially being provided the
Punchlist by the Engineer.
j) If the Contractor modifies or changes the Schedule, for Change Order Work or otherwise,
the Engineer shall be notified in writing with an explanation.
k) Comments made by the Engineer on the Schedule during review will not relieve the
Contractor from compliance with requirements of the Contract. The Engineer may
request that the Contractor and major Subcontractors (defined herein as being any
Subcontractor or Supplier with 5% or more of the value of the Contract) participate in
review of any Schedule submission. The Schedule revisions shall be submitted within 10
Working Days after the Engineer's review.
1) The Schedule shall show work to be done by the City personnel, such as but not limited
to, submittal reviews (separate tasks for each), sewer televising, water main connections,
water testing, and operational performance tests as separate 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,
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c) disregards written instructions from the City or materially violates provisions of the
Contract Documents,
d) fails to prosecute the Work according to the schedule approved by the Engineer,
e) fails to notify the Engineer upon discovery of items of Native American, Archaeological,
or Paleontological interests,
f) disregards laws or regulations of any public body having jurisdiction, or
g) commits continuous or repeated violations of regulatory or statutory safety requirements,
then
Notices, and other written communications regarding default between the Contractor, the
Agency, and the Surety shall be transmitted in accordance with 2-12, "SPECIAL NOTICES."
5.2 Notice to Cure. The City will issue a written notice to cure the default to the Contractor and
its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working
Days after receipt.
5.3 Notice of Termination for Default. If the Contractor fails to commence satisfactory
corrective action within 5 Working Days after receipt of the notice to cure, or to diligently
continue satisfactory and timely correction of the default thereafter, then the City will consider
the Contractor in default of the Contract and:
a) will terminate the Contractor's right to perform under the Contract by issuing a written
notice of termination for default to the Contractor and its Surety,
b) may use any materials, equipment, tools or other facilities furnished by the Contractor to
secure and maintain the Work site, and
c) may furnish labor, equipment, and materials the Agency deems necessary to secure and
maintain the Work site.
The provisions of this subsection shall be in addition to all other legal rights and remedies
available to the City.
The Contractor shall be entitled to no further payment until the remaining portion of the Work
has been completed. The Contractor will be paid the actual amount due based on Contract Unit
Prices or lump sum Bid and the quantity of the Work completed at the time of default, less
damages caused to the City by acts of the Contractor.
Costs incurred by the City in performing the Contractor's work, plus a markup of 15% on those
costs for overhead, shall be deducted from monies due or to become due to the Contractor. The
Contractor shall pay to the City any amount by which those costs and markup exceed the unpaid
balance of the Contract Price.
5.4 Responsibilities of the Surety. Upon receipt of the written notice of termination for
default, the Surety shall immediately assume all rights, obligations, and liabilities of the
Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the City
may do so, and may recover all costs incurred.
The Surety shall notify the City that it is assuming all rights, obligations and liabilities of the
Contractor under the Contract and all money that is due, or would become due, to the Contractor
shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety
shall submit to the City a written plan detailing the course of action it intends to take to remedy
the default. The City will review the plan and notify the Surety if the plan is satisfactory. If the
Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to
the plan accepted by the City, the City may, upon 48 hours written notice, exclude the Surety
from the premises, take possession of all material and equipment, and complete the Work in any
way the City deems to be expedient.
The cost of completing the Work by the City shall be charged against the Surety and may be
deducted from any moniesdue, or which would become due, the Surety. If the amounts due under
the Contract are insufficient for completion, the Surety shall pay to the City, within 30 days after
the City submits an invoice, all costs in excess of the remaining Contract Price.
The provisions of this subsection shall be in addition to all other rights and remedies available to
the City under law.
5.5 Payment. The Surety will be paid for completion of the Work in accordance with 9-3 less
the value of damages caused to the City by acts of the Contractor.
SECTION 6- TERMINATION OF THE CONTRACT FOR CONVENIENCE.
The City may terminate the Contract in whole or, from time to time, in part, if it becomes
impossible or impracticable to proceed, because of conditions or events beyond the control of the
City e.g., if the City Council does not appropriate sufficient monies to fund the Contract.
The City will issue a written notice of termination for convenience in accordance with 2-12,
"SPECIAL NOTICES." Upon receipt, the Contractor shall immediately proceed as follows:
a) Stop Work immediately or in accordance with the Notice of Termination.
b) Notify Subcontractors and suppliers to immediately cease their work and place no further
subcontracts for materials, services, or facilities, except as necessary to complete any
authorized continued portion of the Contract.
c) Terminate all Subcontracts to the extent that they relate to the Work terminated.
d) With approval by the Engineer, settle all outstanding obligations arising from the
termination of subcontracts; the approval of which will be final for purposes of this
section.
e) As directed by the Engineer, transfer the title and deliver to the City, completed or
partially completed drawings, plans, calculations, specifications and any other documents
and records that, if the Contract had been completed, would be required to be furnished to
the City.
f) Complete performance of the Work not terminated.
g) Take all necessary steps and actions to minimize all costs to the City as a result of the
termination.
h) Take any action that may be necessary, or that the Engineer may direct, for the protection
and preservation of the property related to this contract that is in the possession of the
Contractor and in which the City has or may acquire an interest.
The Contractor will be paid without duplication for:
a) work completed in accordance with the Contract Documents prior to the effective date of
termination for convenience;
b) reasonable costs incurred in settlement of terminated contracts with Subcontractors,
suppliers and others; and
c) reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than 90
days from the effective date of termination, unless extended, in writing, by the City upon written
request by the Contractor.
If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the
Contractor as a result of the termination. The City will pay the Contractor the amount it
determines to be reasonable. If the Contractor disagrees with the amount determined by the City
as being reasonable, the Contractor shall provide notice to the City within 30 days of receipt of
payment. Any amount due shall be as later determined by arbitration, if the City and the
Contractor agree thereto, or as fixed in a court of law.
All settlements related to termination of the contract in accordance with this section will be
subject to the approval of the Mayor or designee and may also require City Council approval
before ultimately becoming final.
6.1 Termination Settlement. After termination, the Contractor shall submit a final termination
settlement proposal to the Engineer in the form and with the certification prescribed by the
Engineer. The Contractor shall submit the proposal promptly, but no later than 6 months from
the effective date of termination, unless extended, in writing, by the Engineer upon written
request of the Contractor within this 6 month period.
If the Engineer determines that the facts justify it, a termination settlement proposal may be
received and acted on after 6 months or any extension. If the Contractor fails to submit the
proposal within the time allowed, the City may, in good faith, determine, on the basis of
information available, the fair and reasonable amount, if any, due the Contractor as a result of the
termination and pay the amount determined. If the Contractor does not agree that the amount
deteiuiined 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
AI-
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of any amounts agreed on in accordance with 6-5.2, "Payment to Contractor Due to
Termination:"
a) The Contract Price for completed services accepted by the City not previously paid or
adjusted for any saving of freight and other charges. The total of:
i. The costs incurred in the performance of the Work terminated, including initial costs
and preparatory expense allocable thereto, but excluding any costs attributable to
services paid or to be paid in accordance with 6-5.6, "Failure to Agree on Payment";
ii. The fair and reasonable cost of settling and paying termination settlement proposals
under terminated subcontracts that are properly chargeable to the terminated portion
of the Contract if not included in subdivision "a", above;
iii. A sum, as provided in subdivision "a", above, determined by the Engineer to be fair
and reasonable under the circumstances; however, if it appears that the Contractor
would have sustained a loss on the entire contract, had it been completed, the City
will allow no profit and shall reduce the settlement to reflect the indicated rate of loss.
iv. The reasonable costs of settlement of the Work terminated, including:
v. Accounting, legal, clerical, and other expenses reasonably necessary for the
preparation of termination of settlement proposals and supporting data;
vi. The termination and settlement of subcontracts (excluding the amounts of such
settlements); and
vii. Storage, transportation, and other costs incurred, reasonably necessary for the
preservation, protection, or disposition of property in which the City has or may
acquire an interest.
6.4 Determination of Amount Due the Contractor. In arriving at the amount due the
Contractor in accordance with this section, there shall be deducted:
a) The fair value of property destroyed, lost, stolen, or damaged that has become
undeliverable to the City except to the extent the City expressly assumed the risk of loss;
b) all un-liquidated advance or other payments to the Contractor under the terminated
portion of this contract;
c) any claim which the City has against the Contractor under this contract; and
d) the agreed price for or the proceeds of sale of materials, supplies, or other things acquired
by the Contractor or sold under the provisions of this section and not recovered by or
credited to the City.
6.5 Partial Termination. If the termination is partial, the Contractor may file a proposal
with the Engineer for an equitable adjustment of the price(s) of the continued portion of the
Contract. The City will make any equitable adjustment agreed upon. Any proposal by the
Contractor for an equitable adjustment under this section shall be requested within 90 days from
the effective date of termination, unless extended, in writing, by the Engineer.
6.5.1 Partial Termination Payments. The City may, under the terms and conditions it
prescribes, make partial payments and payments against costs incurred by the Contractor for the
terminated portion of the Contract if the Engineer believes the total of these payments will not
exceed the amount to which the Contractor will be entitled.
If the total payments exceed amounts finally determined to be due, the Contractor shall repay the
excess to the City upon demand, together with interest. Interest shall be at a rate of 6% per
annum compounded daily and shall be computed for the period from the date the excess payment
is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any
excess payment due to a reduction in the Contractor's termination settlement proposal because of
retention or disposition, or a later date determined by the Engineer because of the circumstances.
6.6 Records and Documents Relating to Termination. Unless otherwise provided in the
Contract or by statute, the Contractor shall maintain all records and documents relating to the
terminated portion of this contract for 3 years after final settlement. This includes all books and
other evidence bearing on the Contractor's costs, expenses, and settlement under this contract.
The Contractor shall make these records and documents available to the City, at the Contractor's
office, at all reasonable times, without any direct charge. If approved by the Engineer,
photographs, microphotographs, and other authentic reproductions may be maintained instead of
original records and documents.
6.7 Rights of the City Preserved. Where the Contract has been terminated by the City in
accordance with 6-5, "Termination of Contract" the termination will not affect any rights or
remedies of the City against the Contractor then existing or which may thereafter accrue. Any
retention or payment of monies paid to the Contractor by the City shall not release the Contractor
from liability.
6.8 Damages Caused By Act Of God. As provided in §7105 of the California Public Contract
Code, if this contract is not financed by revenue bonds, the Contractor shall not be responsible
for the cost of repairing or restoring damage to the Project when damage was proximately caused
by an act of God, in excess of 5% of the Contract Price if:
a) the Project damaged was built in accordance with the Contract requirements, and
b) there are no insurance requirements in the Contract for the damages.
6.9 Extension of Time. Should the Contractor incur a delay, a written request to the Engineer
stating the reason(s) for the delay and the number of working days required shall be submitted
within five (5) working days after the delay was incurred. The Engineer shall respond in writing
within five (5) working days of the date of receipt of the request. Extension of time, if granted,
shall follow the change order process.
6.9.1 Contract Time Extension and Schedule Analysis. A claim for extension in Contract
Time will not be granted unless the Contractor can demonstrate through a Critical Path Method
(CPM) analysis of the Schedule's critical path(s) that the increases in the time to perform or
complete the Work, or specified part of the Work, beyond the corresponding Contract Time arise
from unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, and that such causes in fact lead to performance or completion of the Work, or
specified part in question, beyond the corresponding Contract Time, despite the Contractor's
reasonable and diligent actions to guard against those effects.
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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 TWENTY (20) working days to complete and finalize the project.
For each consecutive calendar day in excess of the time specified for completion of this portion
of Work, as adjusted in accordance with Subsection 6.8, the Contractor shall pay to the City, or
have withheld from monies due it, the sum of $500 (Five Hundred Dollars per calendar day.)
7.1 Requirements Preparatory To Requesting a Walk-through. Walk-through is the
procedure used by the City to generate a Punch list prior to Acceptance.
The following items shall be required prior to requesting a walk-through:
a) Remove temporary facilities from the Site.
b) Thoroughly clean the Site.
c) Provide completed and signed Redlines in accordance with 2-5.4, "Red -lines Drawings."
d) Provide all material and equipment maintenance and operation instructions and/or
manuals.
e) Provide all tools that are a permanent part of equipment installed in the Project.
f) Provide and properly identify all keys; 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 are, but not limited to, concrete, asphalt, dirt, metals,
road base material, wood waste, paper products and tree trimmings. Further, the higher economic
costs of landfill disposal versus the lower cost of recycling disposal make it in each contractor's
best interest to recycle as much as possible. Proof of compliance with City of National City
Municipal Code Chapter 15.80 shall be provided by both completing the Contractor's Affidavit
of Disposal, and fulfilling the requirements of Chapter 15.80, including proof of diversion
regardless of disposal site.
SECTION 12- WATER POLLUTION CONTROL SITE MANAGEMENT (SWPPP) AND
GENERAL ENVIRONMENTAL CONDITIONS.
12.1 General. At a minimum, the Contractor shall be required to do the following:
Protect all new and existing storm water conveyance system structures from sedimentation and
concrete rinse, or other construction related debris and discharges with gravel bags and filter
fabric or by any other equal product that is approved by the Resident Engineer. Temporary
gravel bags shall be installed, maintained, and later removed as approved by the Resident
Engineer. The Contractor will not be paid any additional money for the maintenance, removal
and replacement of gravel bag at the same location. Gravel bags fill material shall be one-half to
one -inch Class 2 aggregate base, clean and free from clay and deleterious material. Gravel bag
fabric shall be woven high -density polyethylene fabric with a minimum unit weight of 5
oz./square yard. The fabric shall have a Mullen burst strength of at least 350 psi, conforming to
the requirements of ASTM Designation D 3786, and an ultraviolet (UV) stability exceeding 70
percent. Gravel bags, when filled, shall have nominal dimensions (length x width x height) of 16
in. x 12 in. x 6 in., and a fill mass of 35 to 60 pounds. The Contractor shall use other methods if
ponding will encroach in to the traffic or onto erodible surfaces and slopes. Flow from a severe
storm shall not overtop the curb. Temporary gravel bags shall be maintained to provide for
adequate sediment holding capacity. The Contractor shall remove the sediment behind the barrier
when it reaches one-third the height of the barrier and immediately before and after each storm
event. When no longer required for the intended purpose, temporary gravel bag barriers shall be
removed from the site of work. Storm drain inlet sediment control measures shall be of
sufficient capacity and dimensions so as to handle received flows and debris without blocking or
diverting flows from the inlets. Area around the inlet shall be provided for water to pond without
flooding structures and property. The storm drain inlet sediment control measures shall not
Initi Ys
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 are to be re -used shall be
stacked neatly concurrently with their removal. Forms and false -work that are not to be re -used
shall be disposed of concurrently with their removal.
c. Full compensation for conforming to the provisions in this section shall be
considered as included in prices paid for the various contract items of work involved and no
additional compensation will be allowed.
12.7 Sound Control Requirements. The Contractor shall comply with all local sound control
and noise level rules, regulations and ordinances, which apply to any work performed pursuant to
the contract. Each internal combustion engine, used for any purpose on the job or related to the
job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal
combustion engine shall be operated on the project without said muffler. If required see the
attached Mitigated Negative Declaration Document in the appendices.
12.8 Hazardous Waste. If the Contractor encounters material in demolition or work that he has
reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety
Code, he shall immediately so notify the Engineer in writing. Demolition in the immediate area
of the suspected hazardous material shall be suspended until the Engineer authorizes it to be
resumed. If such suspension delays the current controlling operation, the Contractor will be
granted an extension of time as provided in Section 5-5 "Delays" of the Standard Specifications.
The City reserves the right to use other forces for exploratory work to identify and determine the
extent of such material and for removing hazardous material from such area.
SECTION 13- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
13.1 Contractor shall replace/repair any property or private improvements, which are damaged or
removed as a result of its operations to current City of National City standards and to the
satisfaction of the City Engineer in an as good or better condition.
Contractor will take measures to minimize inconvenience to the City, including but not limited
to:
a. Advance notification of the impending work and the estimated duration of the work.
b. Care in access to and from the building by the Contractor's equipment, materials and/or
personnel.
Initials
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
Depaitwents 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.
itials
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).
PERFORMANCEBOND
KNOW ALL MEN BY THESE PRESENTS: That
Bond Number: K08889570
WHEREAS, the Successor Agency to the Community Development Commission
as the National City Redevelopment Agency, has awarded to
"Principal",
6��nil lnuuiµi 'tlii t# �9V lit l(11T irinlr cam�N iU ii�
hereinafter designated; as the Principal , e rerribyal o1 a :obsotete'.b'ackflow
4Ial.I'
r ji p� u
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 Westchester Fire Insurance Company
as surety, are held and firmly bound unto the Successor Agency to the Community
Development Commission as the National City Redevelopment Agency, hereinafter
"SA",
,e � ,� � i i� �i irw I� "�" � w i'i irk ....
called the SA , in the penal sum of w ree,;Thou nd Eighty (he ds filar
m lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden
Principal, his/her or itsheirs, executors, administrators, successors or assigns, shall in
all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and agreements in the said contract any alteration thereof made as therein
provides, on his or their part, to be kept and performed at the time and in the amount
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the Successor Agency to the Community
Development Commission as the National City Redevelopment Agency, the Executive
Board, 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.
Bond Number: K08889570
PERFORMANCE BOND (CONTINUED)
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be
performed herein or the specifications accompanying the same shall in any wise affect
its obligations on this bond, and it does hereby waive notice of arty such change,
extension of time, alteration or additions to the terms of the contract or to the work or to
the specifications.
In the event suit is brought upon this bond by the Successor Agency to the Community
Development Commission as the National City Redevelopment Agency and judgment is
recovered, the surety shall pay all costs incurred by the Executive Board in such suit,
including a reasonable attomey's fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 18th day of April, 2013
2013.
Westc - - r Fire Insurance Company (S.EAL) Cosco Fire Protection, Inc. (SEAL)
(SEAL) G (SEAL)
5imo Attorney -In -Fact (SEAL) -41&\( RNOLZ 1 V r (SEAL)
Surety Principal
ti
Bond Number: K08889570
PERFORMANCE BOND (CONTINUED)
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
TATE OF )
) ss
CO TY 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 bscribed to the within instrument as the attorney -in -fact of the
the corporation named as
Surety in said instrumen , and acknowledged to me that he subscribed the name of said
corporation thereto as Suret and his own name as attorney -in -fact.
NOTE: Signature of those execut
for Surety must be properly
acknowledged.
Signature:
***SEE ATTACHED CALIFORNIA ALL-PURPOSE NOTAR • CKNOWLEDGMENT***
NOTE: The Attorney -in -fact must
attach a certified copy of the
Power of Attorney.
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On APR 18 2013 before me, Edward C. Spector, Notary Public,
personally appeared Simone Gerhard who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is subscribed to the
within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature(s) on the instrument the
person(s), 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.
WITNESS my hand and official seal.
EDWARD C. SPECTOR
Commission # 1905287 C
Notary Public - California zz
Los Angeles County
`"tr� My Comm. Expires Sep 24, 20t4
C.7C;C:
Edward C. Spector, Notary Public
Super Satety ANTI -FRAUD PROTECTION
FORM NO. 8800S
A,
t
Power of
Attorney
WESTCHESTER FIRE INSURANCE COMPANY
Know all men by these presents: That WESTCHESTER'FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December 11; 2006, to wit
"RESOLVED, that the following authorizations relate -to the execution, for and on behalf of the Company, of kinds, undertakings, recognizances, eeptmeis and other written commitments of the Company
entered into the ordmNy course of business Oath a "Written: Connndtmenf7
(1) Each of the Choianan,tho President and the Vice Presdents of the Company is hereby authorised to execute any Written Comndmnent Intend 'on behalf of die: Company, under Mental of the Company or
otherwise.
(2) Each duty; appointed attorney-in.fact of the Compehy is hereby authorized to execute any Written Commitment for and on behalf of the Company, under thaseal of the Company or otherwise to the extent that
•
such action is auatonzed by the gram of powosprovided for in such parses written'appointment as such attorney-m-fact ..
(3) Each of the Chapman The President and the Vice Presidents of the Company: is hereby authorized for and on behalf of the Company, to opmnet in witting any person the anomey-tn•fact of she Company with
full newer ond authority to execute, for and on behalf of Company. under the seas of the Company or otherwise, such Wnnoe;Comnvunonu of rite Corry as tray br spelifttd m suds written
appointment, which specification maybe by jitnetaf ty pe.or class of Wnnen (ommitmenls.or by specification of one or more particular Written.Commitmenta.
(4) Each of the Chian:nen, the President and Vice Presidents of the Company in hereby authorred, for and on behalf of the Company, to delegate in witting any other affect Of The Company the authority
execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the: Company as are specified to such written delegation, which specification may be by
general I). Pe or classof Written Commitments or.by specification of one or more particular Written Commitments.
(5) The signature of any officer mother person executing any Written Commtnelsl*f appointment or delegation pursuant to this Resolution, and the seal of iha Company, may be anixed by facsimile on such
Written Commitment or mitten appointment or delegation
FURTHER RESOLVED, that the foregoing Resolution shall nor he deemed to be an exactsive statement of the powers and authority of officers, employees and other parsons coact for and: on behalf of the
Company, and such Roselulioh shall not limit or otherwisee affect the txercise of any. such power or authority otherwiso validly grenttdor vested.:•
Does hereby nominate, constitute and appoint Bernadette Aleman, Daravy Mady, Edward C Spector, James Ross, K.D. Conrad, Marina Tapia,: Simone Gerhard, '1 out
Branigan, Tracy Aston, all of the City of I,OS ANGELES, California. each individually if there be more than one named, its true and lawful attorney -in -fact, to make,
execute, seal and detiver on tit behalf acid as its act and deed any and all bonds, undertakings, lecognizances, contracts and other writings in the nature thereof in
penalties not exceeding Twenty Five million dollars & zero cents ($25,000,000.00}and the execution oI suoh writings in pursuanceof these presents shall be as binding
upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF the said Stephen M. Haney, Viee-President, has hereunto subscribed his name and affixed the Corporate seal of the said W ESTCHESTER
FIRE INSURANCE COMPANY this 28 dayof August 2012.
WESTCHESTER FIRE INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss
On this 28day of August, AD 2012 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M. Haney ,Vice -President of the W ESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company, that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors
of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
I, the undersigned .Ass imat Secretary of the WESTC14ESTER, FIREAx`SUR ASSURANCE COMPAN%', do hereby certi
which the foregoing is a substantially true and correct copy, is in full force and effect.
of igiinal POWER OF ATTORNEY, of
In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN I
Wtlkam L, Kelly., Asal la
day of APR 18 2D13
EP I ION DATE AFTER August 28, 2014.
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES
THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the Successor Agency to the Community Development Commission as the
National City Redevelopment Agency has hereinafter
A. fl l 1 11 uM$.N x i1i 1 IIM1X iI y,
designated' as the "Principal', �I1 a obsc te` iaa f "� tl> pp ► ualye
t67
Bond Number: K08889570
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 Westchester Fire Insurance Company
as surety, are held and firmly bound unto the Successor Agency to the Community
Development Commission as the National City Redevelopment Agency, hereinafter
called the "SA", in the penal sum of ranggfra Vagd(E56. e2089)
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or
its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to
pay any of the persons named in Section 3181 of the California Civil Code, or amounts
due under the Unemployment Insurance Code with respect to work or labor performed
by any such claimant, or for any amounts required to be deducted, withheld, and paid
over to the Franchise Tax Board from the wages of employees of the Contractor and his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with
respect to such work and labor the Surety will pay for the same in an amount not
exceeding the sum hereinafter specified, and also, in case suit is brought upon this
bond, a reasonable attomey'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.
Bond Number: K08889570
PAYMENT BOND (CONTINUED)
It Is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of
time for performance; addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement hereinabove described or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, not by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement hereinabove described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety
be released from liability to those for whose benefit such bond has been given, by
reason of any breach of contract between the owner of Public Entity and original
contractor or on the part of any obliges named in such bond, but the sole conditions of
recovery shall be that claimant is a person described in Section 3110 or 3112 of the
California Civil Code, and has not been paid the full amount of his claim and that Surety
does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 18th day of April, 2013
2013.
f nsurance Company (SEAL) Cosco
Fire Protection, Inc. (SEAL)
(SEAL) '�=( (SEAL)
Simone G bjrd, Attorn -act (SEAL) sI it kI i iJ DMZ . V P (SEAL)
Surety
Principal
Bond Number: K08889570
PAYMENT BOND (CONTINUED)
TTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STR , OF
COUNTY
)
) ss
)
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
name is subscrib el to the within instrument as the attorney -in -fact of the
the corporation named as
Surety in said instrument, and a• 'nowledged to me that he subscribed the name of said
corporation thereto as Surety, and 's own name as attorney -in -fact.
whose
NOTE: Signature of those executing
for Surety must be properly
acknowledged.
OTE: The Attorney -in -fact must
attach a certified copy of the
Power of Attorney.
Signature: ***SEE ATTACHED CALIFORNIA ALL-PURPOS NOTARY ACKNOWLEDGMENT***
Name (Type or Print):
(Notary Public in and for said County and S
My Commission expires:..
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Apples
pPR l g 2013
On 1 B 2013 before me, Edward C. Spector, Notary Public,
personally appeared Simone Gerhard who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is subscribed to the
within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature(s) on the instrument the
person(s), 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.
WITNESS my hand and official seal.
EDWARO C. SPECTOR
Commission # 1905287
Notary Public - California s
Los Angeles County
3` My Comm Expires Sep 242014 t
Edward C. Spector, Notary Public
Super Safety ANTI -FRAUD PROTECTION
FORM N0. 8800S
•
(
.\PR16Z413
Power of
Attorney
WESTCHESTER FIR
INSURANCE COMPANY
Know all men by these presents: That WeESTCHESTERFIRE INSURANCE COMPANY, a corporation of thCommonweallh.of Pennsylvania pursuant to the
following Resolution, adopted by the Board orDirectors ofthe said Company on December 1 12006, to wit:
RESOLVED, that the following anthonraaoaa Mete to the eaeptmdn, for and on behalf of fie Company, of bonds, ondenakingp, rewgnizmMes, concocts and tither written wmmnments of the Company
entered into inerprdmary coutse of business (each a "Wnton Commitment").
(1) Each of the Chamnan, the President d the VMa Presidents of Company is hereby authorized to execute any Written Comndnnent for and on behalf of the Company, uoder.the nearer the Company or
otherwise.
(2) Each duly appointed atmpey,imfactof the Company is hereby authorized to exonae any W risen Commitment fur and on behalf of the Company, under *tea of the Company or otherwise, M the extepi (bat
rich anion is not onzed by Me grant of powers provided for in such persons written appointment as such alomey-in-fact.
(3) Each of the ChaHman,The President and The Vice Presidents of the Company is hereby authorized for and on behalf of the Company, to appoint in writing any person the attorney -in -Fact of the Company with
full power told authority to asecote, for and on behalf of the Company, tinder the seal of the Company or otherwise, such Written Corrmutmaets ofthe Company as may be specified in such written
appointment, which specification may be M; $enemrtype:or class of WriteoCommitmants or by specraooton of cue or more paineularwtiten Commitmanis
(4) Each of the Chairman, the President and Vice Presidents ofThn.Compuny in hereby authorized, for and on behalf of the Company, to delettat<tn wnnng any other affioer of the Company dw authority:
execute, for and on behalf of the Company, under the Company's seal or otherwise. such Written Communists of the Company as ere specified in such whttan delegation, ,,hrch spa..r, d•+. ,i+e� ?e'^,
general type or class of WrittenCommitnxnts or by specification of one or more ampoule, Wntten Commitments.
(S She s,gnmu.e ar am o;tce, of other prAson,ectrang .pvy W t fen Comnetrnent n nwo n it 4elegaton pursuent to this Resolution:and the :teal of the Company may he amxed by facsimile on such
W ntten Commitment or written appornin ens or;delegauon
FURTHER RESOLVED, that the foregoing Resolution shannot be deemed to been exclusive statement Of the powers and authority of omcros, employees and other persons to act farand on belch(of the
Company, and such Resolution shall not limit Or otherwise affect the exocrine of any such power or authority otherwise validly granted or vested:
Does hereby nominate, constitute and appoint Bemade-the Aleman, Datavy Mady, Edward C Spector, James Ross, K D Conrad, Marina Tapia, Simone Gerh.ard, Tom
Branigen,Tracy Aston, all of the City of LOS ANGELES, California, each individually if there be more than one named, its true and lawful attorney -in -fact, to make,
execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognlzances, Contracts and other writings in the nature thereof in
penalties not exceeding Twenty Five mill ion dollars & zero cents ($25,000,000 00) and the execution of such writings its pta'suanceof these presents shall be as binding
upon said Company, as fully and amply as if they had been:duly executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF, the said Stephen M. Haney, Vice -President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
.FIRE INSURANCE COMPANY: this 28 dayy of August 2012. ..
WESTCHESTER FIRE INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 28 day of August, AD. 2012 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M. Haney ,Vice -President of the WESTCHESTER FIRE' INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors
of said Company, referred to inthe preceding instrument, is now in force,
IN IESTIMONY WHEREOF I have hereunto t my hand and affixed my official seal, at the City of Philadelphia the day and year first above wrrtler
n,
'G a a,ft��
�CsYa.`:!el 7
,St
I,
1, the undersigned Assistant Secretary of the WESTCHESTER EIRE INSURANCE COMPANY, do her
which the foregoing is a substantially true and correct copy, is in full force ondeffect.
In witness whereof, 1 have hereunto subscribed my name as Assistant Secretary, and affixed the corporatesee
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTIQ
y certify that the original POWER OF ATTORNEY, of
of the. Corporation, this day cif •
August 28, 20F4,
■
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES
THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
■
FIRE SPRINKLER SYSTEM AND FLAPPER VALVE REMOVAL PROJECT AT 922 W. 23 STREET,
NATIONAL CITY
CERTIFICATE REGARDING CONTRACTOR'S LICENSE (Attachment D)
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class "C16" Contractor's License
2. A failure to possess the required license, a failure to truthfully set forth the following
information, or a failure to execute this Certificate renders the proposal nonresponsive and
requires the City to reject the proposal. (Business and Professions Code Section 7028.15)
3. Contractor declares, under penalty of perjury, that he possesses the required
Contractor's license(s) which:
a. Bears the license number(s): f..5 1 1 (s'
b. Expires on:
1410/3
Signature of Prime Cont ctor Date
I �X-1-we , V F
Print name and title
ROE5-bed r .VP
Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
This required license determination has been made by the City of National City. Any Contractor
holding a different license who feels he is qualified to bid on this work must so advise the City
Engineer at least seven (7) days prior to the bid opening. A review of the contemplated work
will be made and the City's decision as to the required license will be final.
1-1
Print name and title Print name and title
FIRE SPRINKLER SYSTEM AND FLAPPER VALVE REMOVAL PROJECT AT 922 W. 23 STREET,
NATIONAL CITY
DESIGNATION OF SUBCONTRACTORS (Attachment E)
In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section
4100 et sec of the Government Code of the State of California) the undersigned 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 p EC �I1�1 auk., , 2013.
iajrl/l ialglr3
Signature of of Prime•Contractor Date Signature of ontractor Date
i' X -t €.NANbEZ V R36-at l(iumP 11JP
1-2
FIRE SPRINKLER SYSTEM AND FLAPPER VALVE REMOVAL PROJECT AT 922 W. 23 STREET,
NATIONAL CITY
CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE (Attachment F)
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation to one or more insurers duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self -insure,
which may be given upon furnishing proof satisfactory to the Director of Industrial Relations
of ability to self -insure and to pay any compensation that may become due to his
employees.
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract. I further certify that if 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.
C.CSCo FrP.PR.WTeC 7oti
(Legal Name of Bidder)
By:
Title: 1}(0; -FL_R k&I0EZ ) 1i (9
(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.)
1-3
FIRE SPRINKLER SYSTEM AND FLAPPER VALVE REMOVAL PROJECT AT 922. W. 23 STREET,
NATIONAL CITY
EMERGENCY NOTIFICATION LIST (Attachment G)
In reference to Section 7-6 of the Standard Specifications my/our representatives at the
construction site for the above subject project will be:
On -site Project Superintendent:
r SH-LTDti c%5/4 g/8�8tiutic�2DOU
Name Cell number/Office number
Other 24-hour available person with authority to order work:
.1 e-e:m& 1-1--ukirk.Lss
62 19 62 73 Cfl ? t /6 6S J L/ 000
Name Cell number/Office number
Other 24-hour available person with authority to order work:
M ITT Ciplq-1 ag-7'76g9 / S 5 g -1 1-U
Name Cell number/Office number
I am aware that one of the named representative(s) shall be present at the work site whenever
work is in progress. Further, each of these responsible persons can be contacted in an
emergency situation and have complete authority to act on the Contractor's behalf.
Signature of Prime Cdntractor
A( )c. f-t r 1 z. I vP P O -xZ 6c.; m; V r
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-4
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
COSCO FIRE PROTECTION
Fire Sprinkler System and Flapper Valve Removal Project
at 922 W. 23rd Street
Judy Hernandez (Engineering) Forwarded Copy
of Agreement to Cosco Fire Protection