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05781 - TRI-STAR CONTRACTING II INC BATTING FACILLITY DEMOLITION
DOG # 2009-0176395 04/10/2009 08:00A Fee:NC Page 1 of 1 Recorded in Official Records LGyf ,M • County of Riverside a ✓ Larry W. Ward ! IAssessor, lCounityl lClerk & Recorder RequestedRecording by and `` �� IIII Al AIA A 1 I A A IIA III II III I II After Recording \ '� 5 R U PAGE SIZE I CA I MISC LONG 4HG COPY Return to: O City Clerk �` �� M A L 465 �12G PCOR NCOR SMF exam City of Palm Springs �tj � Box 2743 �C? � � C-C- T CTY (� Palm SoriDga CA 92263_^ ;E OUL)O Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. NOTICE OF COMPLETION NOTICE IS HEREBY given that: I. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. II. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. III. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California (P.O. Box 2743, Palm Springs, CA 92263-2743). IV. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 241h day of March,2009 V. The name of the contractor (if named) for such work of improvement was: TRI-STAR CONTRACTING INC. 15501 Little Morongo Rd., Desert Hot Springs Ca.92240 VI. The public work of improvement, which was completed in the City or Palm Springs, County of Riverside, State of California, is described as follows: Batting Facility Demolition, City Project No. 08-22 VII. Nature of Interest Fee Owner VIII.The property address or location of said property is: Demuth Park, 3651 Mesquite Ave. Palm Springs CA 92262 IX. City Project No.08-22, Agreement Number: 5781, Minute Order No.: N/A Nu CITY OF PALM SPRINGS: BY: 1 1 J. L —t DATED: -2- Senior Public Works Inspector Michael I.ytar //�� T BY: YJXA_ DATED: Director of Public Works/City Engineer David J. Barakian JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. Clerk-James Thompson Index No. 04-09 r CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Tri-Star Contracung Inc. Dare: March 19, 2009 1550 Little Morongo Road Project No.: 08--22 Dusen.Hot Springs, Ca. 92240 Projecu Barring Facility Demolition Change Order No.: One (1) Contract Purchase No.: 09.0656:0 Account No. 540-5904-48622 Agreement No. 5781 CHANGES IN WORK/COST Increase to Contract Quantities New Item: A revision in precise grading using additional equipment Ltunp Stun S1,600.00 TOTAL CHANGE ORDERANCREASE AMOUNT $1,600.00 REASONS FOR CHANGES: After review of the Demolition Progress in the Field, The Parks Director requested a precise, finished Grade with a 2% slope rather then the specified 1% agreed upon in the contract. Note: No additional mark ups will be added to any item on this Change Order. All costs ,Are final. SOURCE OF FUNDS The following account will be utilized, Loss Contaimnent Account No. 540-5904-48622 1 Summary of Costs Contract Time Original Contract Amount $19,499.50 Original Completion Dare: March, 20, 2009 This Change Order: $1,600,00 Days Added for this C.C.O. —I— Previous Change Order: —0— Previous]days Added --0— Revised Contract Amount $21,099.50 Revised Completion Date: March 23, 2009 I have received a copy of this Change City Approval: Order and the above AGREE RICES are accep to th contra tor. Submitted by Dale Senior Public Works Inspector By Approved by Cont Victor: T tar ion ractors City-Engineer Date 3- Za _ p 9 Approved By Date 9nrctcrrD-"aF ac��n�7iKiCreanon Attested � Ciry-Clerk - Distnburion: �APPROVED BY CITY MANAGER `~ Ori mal Execured Copies •0 Conformed-File Copy Conrractor (1) Engineering File (1) City Clerk (1) Senior Public Works Inspecrnr (1) (p APPROVED 6Y Cle!MANAGER Senior (1) 2 AGREEMENT THIS AGREEMENT made this �\. day of RXVV 200g, by and between the City of Palm Springs, a charter city, organized al d existing in the County of Riverside, under and by virtue of the laws of the', State of California, hereinafter designated as the City, and Tri-Star Contracting II, Inc., a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: BATTING FACILITY DEMOLITION CITY PROJECT NO. 08-22 The Work is generally described as follows: Removal and disposal of the entire existing batting facility, including but not limited to: slabs and foundations, sidewalk, buildings, trailers, batting cages, pitching machine area with roof structure, lights, posts, fences; disconnecting and capping utilities; import of soil for earthwork and grading; application of dust stabilizer, and all appurtenant work as required in these special provisions. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $690 for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. BATTING FACILITY DEMOLITION AGREEMENT FORM CITY PROJECT NO.08-22 AGREEMENT AND BONDS-PAGE 1 12/10/08 ARTICLE 3 -- CONTRACT PRICE $19,499.50 The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers No. 1 to No. 2 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. 'Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the, Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. BATTING FACILITY DEMOLITION AGREEMENT FORM CITY PROJECT N0,08-22 AGREEMENT AND BONDS-PAGE 2 12/10/08 h 1 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. -ATTEST: APPROVED BY THE CITY COUNCIL: CITY OF PALM SPRINGS, CALIFORNIA Date By City Clerk �� /2q �2609 Agreement No. APPROVED BY CITY MANAGER AP P VED A5 TO FORM: By e' Cit A eyz °f Date r'a 7'e f CONTENTS APPROVED: By lf� City Engineer Date � r City Manag Date BATTING FACILITY DEMOLITION AGREEMENT FORM CITY PROJECT NO.08-22 AGREEMENT AND BONDS-PAGE 3 12/10/08 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Tri-Star Contracting II, Inc. Check one:_Individual_Partnership X Corporation Address: 15-501 Little Morongo Road Desert H l5 as, 2240 By: By: Si I ture�(ngtarized) iign2t/sire (no\a�rized) Name: ' ��� ��1.1� Name: 1�� (—fe, Title: Title: �_Tu (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial f Officer or any Assistant Treasurer) State Of � \ l \� 0\ G State of r County of 1 S L SS County of Liss On t S-r On ' 5� c2o 1 before me, ( S T� v� �U ' a xubefore me, r I�r/z personally appeared _ P-VAAJWit-L15 personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person whose name( evidence to be the person( whose namepf is/a� subscribed to the within instrument and is/.Fe subscribed to the within instrument and acknowledged to me that he/s, (e/tlr6y executed acknowledged to me that he/s16/tY)dy executed the same in his4rlth�dr authorized capacity(14, the same in his/h'er/their authorized capacity(i�), and that by his/tor/thgfr signaturesO on the and that by his/h�r/therF signatures(6r) on the instrument the person(o, or the entity upon behalf instrument the person, or the entity upon behalf of which the personte) acted, executed the of which the personss'f acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is,true and correct. WITNESS my handy and/official seal. WITNESS my hand and Official se I. Notary Signature: y� ,vUU , Notary Signature: �� V Notary Seal: (' Notary Seal: CHRIS ORTIZ CHRIS ORTIZ Commisslon N 1591026 Commission i 1591026 i ig Notary Public -California Notary Public•California Riverside Counly Riverside County MyCOMM Deli "24,2009 IMyCpllfe.ppsa.Mn24,2004 BATTING FACILITY DEMOLITION AGREEMENT FORM CITY PROJECT NO.08.22 AGREEMENT AND BONDS-PAGE 4 12/10/08 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California 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 said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor II , ' ��—C �� r�J �lY1� \�l�• By ) V Title V BATTING FACILITY DEMOLITION CITY PROJECT N0,08-22 WORKER'S COMPENSATION CERTIFICATE 12/10/08 AGREEMENT AND BONDS-PAGE 5 Check a License or Home Improvement Salesperson (I•ITS) Registration- Contractors State License Board Page 1 of 2 Contractors State License Board Contractor's License Detail - License # 475515 Zh DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 112h S).If this entity is subjectlto public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action Information. %>Per, &P 7071 17,only construction related civil judgments reported to the CSLB are disclosed. %>Arbitrations are not listed unless the contractor falls t0 comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number: 475515 Extract Date: 12/17/2008 - -- - TRI-STAR CONTRACTING INC Business Information: 15501 LITTLE MORONGO RD DESERT HOT SPRINGS, CA 92240 Business Phone Number.(760)25.1-5454 Entity: Corporation Issue Date: 0 612 0/1 9 8 5 _ Reissue Date: 01/14/2003 Expire Date: 01131/2009 License Status: This license is current and active.All Information below should be reviewed. Additional Status: Click here for Complaint Disclosure information. CLosS ❑ESCRIPTioN Classifications: A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CON71IACTOR'S BOND ' This license filed Contractor's Bond number 6053135 in the amount of$12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date:01/01/2007 Bonding: Cancellation Date:01/04/2009 Contractor's Banding History BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer(RMO)LARRY JON OWENS certified that he/she awns 10 percent or more or the voting stock/equity of the corporation.A 1' band of qualifying individual is not required. I Effective Date:01/14/2003 This license is exempt from having workers compensation insurance; they certified that Workers'Compensation: they have no employees at this time. Effective Date: 10/14/2008 Expire Date:None htcp://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp'>Li cNum=475515 12/17/2008 Cbeck a License or Home Improvement Salesperson(HIS)Registration- Contractors State License Board Page 2 of 2 Workers' Compensation History Miscellaneous _ Information, DATE DESCRIPTION 01/14/2003 LICENSE REISSUED TO ANOTHER ENTITY Personnel listed on this license(current or disassociated)arc listed on other licenses Conditions of Use I Privacy Policy Copyright©2008 State of California http://www2.cslb.ca.gov/OnlineServices/CheekLicense/LicenseDetail.asp7LiCNtma= 75515 12/17/2008 City of Palm Springs, CA Procurement Contrwtng Division Bid Abstract Vendor&Bid Vendor&Bid Vendor&Bid Vendor&Bid Vendor&Bid BID ABSTRACT Amount Amount Amount Amount Amount G&M Construotion Larry Jacinto U.S.One rev. Construction FX R.P.Construction PROJECT NO CP 08-22 PROJECT NAME: $28,500.00 $35,730.00 $33,000.00 527,000.00 $67,036,00 Batting FaqNy Demolition DUE DATE: 01/13/09 BID TOTAL AMOUNT $28,500,00 $35,730.00 $33,000.00 $27,000.00 $67,035,00 Whitnessed By: Date: City of Palm Springs, CA Procurement Cmtracfing Division Bid Abstract Vendor&Bid Vendor&Bid Vendor&Bid Vendor&Bid Vendor&Bid BID ABSTRACT Amount Amount Amount Amount Amount Demo Unhr ited D'W6es Engineering Tri-Star Contracting II T.Waples Backhoe GHA Enterprises PROJECT NO CP 08-22 PROJECT NAME: $33,200.00 $26,864.00 $19,499,50 $32,500.00 $51,711.00 Batting Facility Clemolition DUE DATE: 01/13/09 BID TOTAL AMOUNT $33,200.00 $26,864.00 $19,499.50 $32,500.00 $51,711.00 Whitnessed By: Date_ City of Palm Springs, CA Pmcumment COnl2chng Oivizion Bid Abstract Vendor'&Bid Vendor&Bid Vendor&Bid Vendor&Bid Vendor&Bid BID ABSTRACT Amount Amount Amount Amount Amount MACO-- --- PROJECT NO CP 08-22 PROJECT NAME: $30,820,00 Batting Facility Demolition DUE DATE: 01/13/09 1---~ BID TOTAL AMOUNT $30,820.00 - Whitnessed By: ` Date- PUBLIC WORKS'CONTRACTS BID RESULT CHECK,LIST l FOR CITY CLERK OFFICE_ F - AGR# AMOUNT City Project.No: 1� a nI DATE Dates Published: DIV IND APP NOTICE Y ❑N ❑ Bid Date & Time: PROJECT: tSUCCESSFUL: ' 1. I -ST4C.F 6. 2. ��i7�S '�rl�lnQ✓' (]Jr7ru�Clrr S._ P /�i/Pr{11f2L � ? 3: a' �I�j �J�t- 115ZCJCC�7(In 9• S. Q Ct7 G,eca mel rl /s 10 G-7<I A fin'(cr�rls�s� ram" eTE SIRS ., �� • i r {��°{� n spongive CONTRACTOR BACKGROUND CHECK: Required? Y RI N ❑ (ATtAcH IF REl �Affidavit,of.Non Colluslon Signed & 'Notarized? Y - r N ❑ 4 4kfft4n r S!Ire�P l?d��.... be cdnmletedy Y�P N ❑ YPl� &,�l�o1P11f1k of.Ipslirance.Required: S .. .� •:A r r TTAC"AMOenra AAF r Ft M) a 1KM+ `=-.''Contractors License No. `9 Ofl 9� r _..._.. Typelsl Status ' No. of days to complete work 15 Working Calendar , " Estimated Start Date: l 30d0o 'Estimated Completion Date: ZOO No, of days in which to execute contract after Notice of ,,Award (date city Clerk tranargiia contracts for executiow- d y = 4�i° 18VI5=1ia�On Exhibits (SRaeify Exhibits,to be completed by,contraotori) O.A,Py Addenda? l Y RN ❑ No. Addenda . Signed by Contractor? Y ON• «Iw', `,'p6j 0RMANCE BOND /dU ,d/a PAYMENT BOND. _ �(/U 96 CORRECTION REPAIR BOND :9I1) BONDS: BLANK Blp 'SPECS. Successful Bidder: CAsHIER'A,CRECK? Y ❑ ❑IN ' DEPOSITED IN T & A? Y ❑ N ❑ Five' (5) extra sets of specifications for contract execution „ t dsµccassful Eididers:," ' _, , . 1. ' 1 { CASHIER'S'CHECKS? 'Y ❑ N l❑ DEPOSITEDIIN T,& A? Y,[]" N O attached: Y ❑ N ❑ , I ,Which Contractor(s): ❑ Provided Previously ' DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300- Y N ❑ ' Labor Code 1777.5 Y N ❑ . Labor Code 1776 Y N El California Standard Specifications EDITION Standard Specifications for Public Works Construction EDITION r . DATE: . ? BY: 14 DEPT•-. BID DOCUMENTS I Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. W l BATTING FACILITY DEMOLITION CITY PROJECT NO.08.22 12/10/08 COVER SWEET BIO FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: BATTING FACILITY DEMOLITION CITY PROJECT NO. 08-22 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. II This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise I required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, i Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number A- Date n',-os� Number Date 1 I oG Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work; the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of Californi4 Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers compensation, or to undertake self- insurance in accordance with the provisions, before commencing lithe performance of the Work of this Contract. BATTING FACILITY DEMOLITION CITY PROJECT NO.08.22 BID AGREEMENT 12/10/08 BID FORMS-PAGE 2 To all the foregoing, and including all Bid Schedules , List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full'payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedulle(s). Dated: Bldder:r`t'\�S�CC�1 V By: (S gnaturej Title: C?S e I BATTING FACILITY DEMOLITION CITY PROJECT N0.08-22 810 AGREEMENT 12/10/08 BID FORMS-PAGE 3 I BID SCHEDULE Lump Sum Price for Construction of BATTING FACILITY DEMOLITIONII CITY PROJECT NO. 08-22 In Palm Springs, California Description Demolition, removal and disposal of the existing building structures, cages, foundations, slabs, and all site appurtenances of the "Batting Facility", generally described as: I The "Batting Facility' includes two small one story buildings (modular units) approximately 500 and 300 square feet, a bathroom (6' x 6'), three trailers (two 12' x 40' and one 10' x 30'), a dumpster, batting cages (8 stations), concrete slabs and foundations, pitching machine area concrete and roof structure, fences, brick counter, concrete sidewalk (up to the existing paved roadway), posts and foundations (conveyor posts, main mast, batting cage posts, signal posts, outfield perimeter posts, lamp posts), ball retrieval sump and sump pump foundations, electric panel, transformer, and perimeter fences. The perimeter fences will only be removed from the north side of the property and approximately 70 feet from the east side of the property. The electric panel and the transformer will be disconnected by So. Cal. Edison prior to the commencement of work. The Contractor shall protect in place the trees (two palm trees and one eucalyptus), and the perimeter chain link fence on the south-west side of the property and approximately 185 feet on the east side of the property(starting at 70 feet south of the north-east corner of the property). The Contractor's work shall include import of soil for earthwork and grading as necessary to re- grade the site to flat plane compacted ground surface, with a 1% slope toward the east; and application of an E.P.A. approved dust suppressant upon completion of the work. For the lump sum of: $ Cl/L-\O\"\�l (Price in figures) M ek2�Y1 (Price in words) Name of Bidder or Firm I BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 LUMP SUM BID SCHEDULE 12/10/08 BID FORMS-PAGE 4 INFORMATION REQUIRED OF BIDDER I I LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in'excess of one-half of one percent of the Contractor's Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided bylaw. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name&Address 1. 2 3. 4. — 5. 6, 7- 8- BATTING FACILITY DEMOLITION CITY PROJECT NO.08.22 1211010$ LIST OF SUBCONTRACTORS BID FORMS-PAGE 5 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of CC1\1 �V�1CA ) I, being first duly sworn, deposes and says that he or she is of Y� C�Y �he (��Y�C, the party making the foregoing Bid, that the Bid is not madenterest of"or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the i Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else, to put in a sham Bid, or that anyone shall refrain from bidding,- that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference 'with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, iprofit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, land will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder By Title \ ��- Organization Address155CA N\(!N'QV��j\,—A. BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 NON-COLLUSION AFFIDAVIT 12/10/08 BID FORMS-PAGE 6 II ALL-PURPOSE ACKNOWLEDGMENT i State of `emu���,wbvi .�- i Countyof _li/ii}(r7 � / n On ):�N c_ _before me, M/I(U�wxft-l� I7I4 � rtl✓rG✓ Dates Name,Title of Officer personally appeared �}�i 2Tv5iJ p7�� L(J ( � IS NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is1w subscribed to the within instrument and acknowledged to me that he/sldtllYpy executed the same in his/her/their authorized capacity(ies), and that by his/ftOPfir signatures(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. i MARKTWAIN HANNAN Signature of Notary CommBilon* 170923 NotCry tubNc-Callfomla € RhMlde County Mj0Mm 6"=Jm 19,2012 \TTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of his certificate to unauthorized document. -HIS CERTIFICATE Title or Type of Document &()ul) — _r 0 f_I, Lt I RUST BE ATTACHED 113y 1 /1 0 p p/L O THE DOCUMENT Number of Pages�^DATE of DOCUMENT —�- IESCRIBED AT RIGHT: Signer(s)Other Than Named bove U NO FACILITY DEMOLITION 'ROJECT NO.08-22 NON-COLLUSION AFFIDAVIT-NOTARY ACKNOWLEDGMENT ]S BID FORMS-PAGE 7 I � I I BIDDER'S GENERAL INFORMATION i The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDEWCONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: n LiL�) Facsimile Number a517-61-AS2 3. CONTRACTOR'S License: Primary Classification State License Numbers) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety 1� —Se—y� CeS Address 1'i Slit Surety Company Telephone Numbers: Agent (-1W)aPI3-LV1Q Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firma BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 BIDDER'S GENERAL INFORMATION 12/10/08 BID FORMS-PAGE 9 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: as 9. List at least three related projects completed to date: a. Owner�o��-b,<V-L-r CL�yp Address � Contact Class of Work I — Phone 2\'L-+ b -1 aS1 Contract Amount"2.-\�iDc)b •C C] ProjeciX)LV-t-v" Date Completed \ I`Lta��r� 'j Contact Person ab 1eAk Telephone number',212 --�S ! b. Owner A. `(o �-VnAddress-PO X C 'ZC \\,0 \ j Contact Class of Work \,).e ` Phone`^Il ContractAmounf lPO(i Project Date Completed Contact Person� Telephone number' l UO l.d',)S' s,G S c. Owner -, -�,N QAddress�s�y COntact�'!\\\ ` pb Class of Work Phone`11.P0'�ci'�iS1a�1 Contract Amounta, (o ]C, on Project Date Completed �I -) -(�� Contact Person��o Telephone number 1 U()/zpAc 10. List the name and title of the person who will supervise full-time the proposed work for your firm: N�7`TV1 aVl u.'A \s 11. Is full-time supervisor an employee V/ contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. BATTING FACILITY DEMOLITION CITY PROJECT NO.08.22 BIDDER'S GENERAL INFORMATION ' 12/10/08 BID FORMS-PAGE 10 1311)BONG KNOW ALL MEN BY THESE PRESENTS, rna(TRI-STAR CONTRACTING II, INC., 15-501 Little Morongo Road,* as Principal,and DEVELOPERS SURETY AND INDEMNITY COMPANY as S°umty, are held and firmly bound unto the City of Palm Springs,hereinafter called the"City'in the sum op. Tea Percent (104) of the Total Amount of the Sid dollars (not less than 10 percent of the total amount of[tie bid) for the payment of which sum,waif and truly to be made,we bind ourselves, our heirs, execdtors, administtalors,successors,and assigns,jointly and severally,f;rmfy bythesa presents. WHEREAS, said Principal has sub(nitted a Bid to said City to perform the Work required under the Bid Schedule(s)of the Citys Contract Documents enfrtfed: BATTING FACILITY DEMOLITiON CITY PROJECT NO.0$-22 NOW THEREFORE,K said Principal is gwarded a Contract by said City,and Within the time and in the manner required in,the 01�ottce Inviting Bids".and the 'Instrurlions to Bidders"enters into S w ilten Agreement on the Farm of Agreement bound with ;said Corrfrard Documents,furnishes the required Certificates of Insurance, and fumishas the required Perfgrmanse Bond and Payment Bond, then this Obligation shall be null and void, oihen#lse it shau remain in full force and effect in the event suit is brought upon this Bond byspld City,and City prevaTTs,.sald Surety-shall pay all costs incurred by said City in such suit, including a reasonable'attorneys fee to be fared by the court: SIGNED AND SEALED;this lath day of January PRINCIPAL TRI-STAR CONTRACTING II, TNC. Check one: individual, parptershlp. x corporation (Corporations r uire two s' tee; one from each of the following groups: A Chairman or Board, President,or any rs Presi ant;A S.Secretary.Assistant SCCretiN.Treasurer,Assistant Treasurer,or Chief 1=man cer). BY SUREry: DEVELOPERS SURETY AND INDEMNITY-COMPANY si re { D al)) Print Name d TTff :1 By +� By sfgnalur a signature (NOTARIZED) (NOTARIZED) FFrint Name and-nUe: t=rint Name and Title: r /+ )�c�Varelnh1 l- � Cynthia M. Eurnett, Attorney-in-Pact EAgYING FAGuYY nLh1OurfoN sin aoNn(aio SECutirry FORM) CITY PRO4SCT NO,oa-22 VID FORMS-PAGC e *Desert Hot Springs, California 92240 State of COLORADO ) )ss. County of ARAPAHOE ) On January 13, 2009, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Cynthia M. Burnett known to me to be Attorney-in-Fact of DEVELOPERS SURETY AND INDEMNITY COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. l My Commission Expires: September 19,2009 Kathleen Van Houten, Notary Public POWER OFATM11NLYP'OR DLYCLOPERS SURETYAND INDEMNITY COMPANY PO HOX 19725,IRVINE.CA 92M (949)263-33OU www.10coDlco.com ICNO W ALL MEN BY THESE PRESENIS,that except as oxpr s ly limited,DEVELOPERS SURMAND MEMNrIYCOMPANY does hereby maim,constitute and appoint ***Teresa L. Thrallkill, Douglas 7, Rothey, Cynthia M. Burnett,jointly or severally*** as its rote and lawful Anomey(s)-in-Pact,to make,ecccutc,doliver cod acknowledge,farnnd on Behalf ot'snid cmpomtiao,es stucty,Bonds,underinA7ngs and cunhncts of suretyship giving and granting unto said Admmey(s)-in-Fact fall power and authority to do and m perform every net necessary,requisite or proper to be done in connection therewith as the corparatian could do,but imerving to the corporation full power of substitution and revocation,and nil of the oats ofsaidAmamcy(s)-tn- Feet,pursuant to lbeseprpent,sm hereby ratified and confirmed, This Power ofAtmmey is granted and is signed by facsimile under mid by authority of the following m otution oaopted by the Board of'Direemts of DEVELOPERS SURETY MD INDEMNITY COMPANY eR'eetivc as ufNm=bcr I,2000: RESOLVED,that the Chairman of the Herod,the President and my Yce P¢sideatorthe amporation•be,and that each of tiem hereby is,auhhadzed to ezcanto Powers ofAdamcy,qualifying the kdomey(s)-in-Foetnamed in Etc powers ofAmmcy to execute,an behalf of the corpomGon,bonds,undcnakings and contracts of suratyshipt and that the Sserenity or any Assistaat Secretary of the corporation be,and mob of them hereby is,anthatizcd to saest the execution arany such Power of Attorney; RESOLVED,FURTKER,that the signatures of such ofGners may be affixed to any sucb Pvncr afAttaracy or to my miMmu:relating thereto by facsimile, and any such Power afAttomey or certificate hearing such facsimile signatrrres sholl be valid and binding upon the corporation when so affured and in the fume with respect to city bond,undermUng or contract of suretyship to wbicb it L attached , IN WITNESS WHEREOF,DEVELOPERS SURETYAND WDEMNrrY COMPANY has mused these prase es to be signed by its respective Executive Viuc Pnsidme and attested by its Secretary this Ist day�ofDncemb�er,2005. AND.t'�p a By iiy]�434P kATF�Z David H.Rhodes,E Eccudva Vice.Prmidaat Ell 10 / 1936 =�{ L� mil it '3'• { By., 4y6o4y.1"....,O•d Walter A.Crowell,Secretary ' STATE OF CALiFORNA COUNTY OF ORANGE Ou December 1,20OS bctbm mc,Gina L.Game, @pv iaManme and title aFOie olGeer), permnally nppe=d David H.Rhodm read WalurA.CmwclL personally lotvwn to me(or proved to me on the basis of satisfactory evidroce)to be the persons)whose mine(s)is/em subscribed to the within instrument and acknowledged to me that bdandrhey c;rccuted the same in hister/treir authorized rapaeilycles),and t atby his/ber7thcirsigannre(s)on Ibe insbnmeat the person(s), or the entity upon behalf ofwhich the petson(s)acted,executed the instrument WITNESS my hood and official seal. GINA L.GARNER 6'�— � _� COMM.#1569561 Signature lJ " �`"`�"-` SppT. NOfANY PUBLIC CAIJr-0HNIA { ORANGE COUNTY comm Mims 11lay r3,2009 GGftTIk7CATC The undersigned,w AssisOmt Scnre=3ry of DEVELOPERS SURETYANO INDEtvRMM COMPANY,does hereby certify that the famgoing Power or Attorney remains in fell force and pas not beta revoked,and fireeetmom,that the provisions of the resolution orthe mspective Boards ofPimclors of raid corporation set forih in the PowerofAmmcy,is in fora as of the dole of this Cedificale. Thhhiis�pCc�rJ.tif�cateiB executed in the City o£hvinS Califorin,the 13th dayof January 2009 By /" �( Albert Hllebr nd,Assisomt S=truy W-1438(DSI)(Rev.12/O5) State of California Acknowledgment 2008 l State of California fl County of I f!I zS I/J E is ! On g fig..• before me, Marktwain Hannah, No ary Public pp �7 Date personally appeared *WEAelEti Name of Signer(s fl WI h Nance vt Signer(s) sl Name of Signer(s) �I Y Who proved to me on the basis of satisfactory evidence to be the person(s) whose y narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ! 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARKTWAIN HANNAH commission # 1789236 -M9 Notary Public-California 'RIv01914e County M/CwmD0eeJ4119.2012 I 1 4, Signature (Seal) Marktwain P annah NOTAR PUBLIC 1 y S • • CITY OF PALM SPRINGS, CALIFORNIA • • PUBLIC WORKS & ENGINEERING DEPARTMENT • • NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND • SPECIAL PROVISIONS • FOR CONSTRUCTION OF THE: • • BATTING FACILITY DEMOLITION • CITY PROJECT NO. 08-22 i • IN THE CITY OF PALM SPRINGS • • • December2008 • • • • F PALM S O A,p 1 � _ • U EA • * ��o �a' RPoRAYE lb • FOR��� • • • i David J. Barakian, P.E., City Engineer • i Bids Open: January 13, 2009 • Dated: December 10, 2008 • • CITY OF PALM SPRINGS NOTICE INVITING BIDS BATTING FACILITY DEMOLITION City Project 08-22 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Batting Facility Demolition, City Project 08-22, will be received by the Procurement and Contracting Division of the City of Palm Springs, California, until 2:00 P.M. on January 13, 2009, at which time they will be opened and read aloud. The Engineer's Estimate is 35 000. N-2 DESCRIPTION OF THE WORK: The Work comprises removal and disposal of the entire existing batting facility, including but not limited to: slabs and foundations, sidewalk, buildings, trailers, batting cages, pitching machine area with roof structure, lights, posts, fences; disconnecting and capping utilities; import of soil for earthwork and grading; application of dust stabilizer, and all appurtenant work as required in these special provisions. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of the total sum of Bid Schedules A through C, inclusive, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "B" or "C-21" Contractor license at the time of submitting bids. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 NOTICE INVITING BIDS 12/10/08 PAGE 1 N-9 PRE-BID WALK-THROUGH (NON-MANDATORY, ATTENDANCE RECOMMENDED): Prospective bidders are strongly advised to attend the non-mandatory pre-bid walk-through of the project site to acquaint potential bidders with the project and existing site conditions that may affect the work. The meeting will be held on Tuesday, December 30, 2008, at 10:00 AM local time. The meeting will occur at the project site located in Demuth Park. Please arrive by parking in the adjacent parking lot located On an internal park service road south of Mesquite Avenue,just east of El Placer Road_ Failure of a bidder to attend the pre-bid walk-through shall constitute acceptance of all pre-existing site conditions and shall constitute a waiver of any and all future claims relating to said conditions. N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $25.00 per set and are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. (c) An additional fee of $15.00 will be charged for sets of documents sent by UPS ground delivery. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. N-11 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement and Contracting Division at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For.." followed by the title of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. By_ � Date David J. Barakian, PE Director of Public Works/ City Engineer City of Palm Springs BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 NOTICE INVITING BIDS 12/10/08 PAGE 2 CITY OF PALM SPRINGS NOTICE INVITING BIDS BASKETBALL AND TENNIS COURT RESURFACING City Project 08-24 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Basketball and Tennis Court Resurfacing Project, City Project 08-24, will be received by the Procurement and Contracting Division of the City of Palm Springs, California, until 2:00 P.M. on January 20, 2009, at which time they will be opened and read aloud. The Engineer's Estimate is 330,000. N-2 DESCRIPTION OF THE WORK: The Work comprises the complete resurfacing of one (1) basketball court located at Ruth Hardy Park, one (1) basketball court located at Sunrise Park and four (4) tennis courts located at Demuth Park in the City of Palm Springs, as identified in the Appendix, miscellaneous repairs and improvements as identified in the project specifications; complete basketball and tennis court re-striping; net post replacement and painting, center strap-holder replacement; and all appurtenant work. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a. bid, or. to make award to the lowest responsive, responsible bidder on the basis of the total sum of Bid Schedules A through C, inclusive, and reject all other bids, as it may best serve the interest of the City. Bidders shall bid on all Bid Schedules. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price of the total sum of Bid Schedules A through C, inclusive, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "A" or "C-12" Contractor license at the time of submitting bids. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO 03.24 NOTICE INVITING BIDS 12/15/08 PAGE V N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $25.00 per set and are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents- (c) An additional fee of $15.00 will be charged for sets of documents sent by UPS ground delivery. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement and Contracting Division at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For.." followed by the title of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. By AL _ Date David J. Barakian, PE Director of Public Works/ City Engineer City of Palm Springs BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 NOTICE INVITING BIDS 12/15/08 PAGE 2 • • • • CITY PROJECT NO. 08-22 • • • The Special Provisions • contained herein have been • prepared by, or under the direct • supervision of, the following • Registered Civil Engineer: • • • • QRo��ssio� • Marcus L Fuller w No.Gs7271 • Assistant Director of Public Works/ * l �213f1� Assistant City Engineer m l cmw .P Civil Engineer C 57271 T9T�pFCAL�Fo�� • • Approved by: • • • David J. Barakian, P.E. Director of Public Works/City Engineer • Civil Engineer C 28931 • • • • • • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 12/10/08 • SIGNATURE PAGE • • • NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND • • SPECIAL PROVISIONS • TABLE OF CONTENTS • i PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS • • Notice Inviting Bids • Instructions to Bidders • Bid Forms • Bid (Proposal) • Bid Schedule List of Subcontractors • Non-collusion Affidavit • Bidder's General Information Bid Bond (Bid Security Form) • Agreement and Bonds Agreement Form Worker's Compensation Certificate • Performance Bond Payment Bond • Certificate of Insurance • • PART II CONDITIONS OF THE CONTRACT • General Conditions of the Contract • Supplementary General Conditions • • PART III TECHNICAL SPECIFICATIONS • DIVISION 1 GENERAL REQUIREMENTS • • Section 01011 Summary of Work • Section 01091 Reference Standards and Abbreviations Section 01201 Project Meetings • Section 01301 Contractor Submittals • Section 01401 Quality Control • Section 01505 Mobilization • Section 01511 Temporary Utilities Section 01541 Protection of Existing Facilities Section 01551 Site Access and Parking • Section 01561 Temporary Environmental • Section 01601 Materials and Equipment Section 01701 Contract Closeout i • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 SPECIAL PROVISIONS 12 I0/08 GENERAL CONTENTS-PAGE 1 0 • • PART III TECHNICAL SPECIFICATIONS (Continued) DIVISION 2 - SITEWORK AND UTLITIES Section 02060 - Demolition and Removals Section 02211 - Earthwork • PART IV - APPENDIX Vicinity Map Site Maps Dust Control Sign • • • • • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION • .CITY PROJECT NO.08.22 12/10/08 SPECIAL PROVISIONS GENERAL CONTENTS-PAGE 2 • • CITY OF PALM SPRINGS • • • PUBLIC WORKS & ENGINEERING DEPARTMENT • • PART I - BIDDING AND CONTRACTUAL • DOCUMENTS AND FORMS • • BATTING FACILITY DEMOLITION • CITY PROJECT NO. 08-22 Notice Inviting Bids • Instructions to Bidders Bid Forms Bid (Proposal) • Bid Schedule • List of Subcontractors • Non-Collusion Affidavit Bidder's General Information • Bid Bond (Bid Security Form) • • Agreement and Bonds • Agreement Form Worker's Compensation Certificate • Performance Bond • Payment Bond • Certificate of Insurance • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO 08-22 12/10/08 PART 1 CONTENTS PAGE 1 • • • • • • CITY OF PALM SPRINGS • • NOTICE INVITING BIDS BATTING FACILITY DEMOLITION • City Project 08-22 • • N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Batting Facility Demolition, City Project 08-22, will be received by the Procurement and Contracting Division of the City of • Palm Springs, California, until 2:00 P.M. on January 13, 2009, at which time they will be opened and read aloud. The Engineer's Estimate is $35,000. N-2 DESCRIPTION OF THE WORK: The Work comprises removal and disposal of the entire existing batting facility, including but not limited to: slabs and foundations, sidewalk, • buildings, trailers, batting cages, pitching machine area with roof structure, lights, posts, • fences; disconnecting and capping utilities; import of soil for earthwork and grading; • application of dust stabilizer, and all appurtenant work as required in these special provisions_ • N-3 AWARD OF CONTRACT: • (a) The City reserves the right after opening bids to reject any or all bids, to waive any • informality (non-responsiveness) in a bid, or to make award to the lowest responsive, • responsible bidder and reject all other bids, as it may best serve the interest of the City. • (b) As a condition of award, the successful bidder will be required to submit payment and • performance bonds and insurance_ N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price payable to the City of Palm Springs. • • N-5 BIDS TO REMAIN OPEN. The Bidder shall guarantee the Total Bid Price for a period • of 60 calendar days from the date of bid opening. • N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid • Class "B" or "C-21" Contractor license at the time of submitting bids. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the • prevailing wage requirements of the State of California. • • N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of • payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in • accordance with the provisions of Section 22300 of the Public Contract Code. • • • • BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 NOTICE INVITING BIDS • 12/10/08 PAGE 1 • • • • • • N-9 PRE-BID WALK-THROUGH (NON-MANDATORY, ATTENDANCE • RECOMMENDED): Prospective bidders are strongly advised to attend the non-mandatory pre-bid walk-through of the project site to acquaint potential bidders with the project and • existing site conditions that may affect the work. The meeting will be held on Tuesday, • December 30, 2008, at 10:00 AM local time. The meeting will occur at the project site • located in Demuth Park. Please arrive by parking in the adjacent parking lot located on an • internal park service road south of Mesquite Avenue, just east of El Placer Road. Failure of a bidder to attend the pre-bid walk-through shall constitute acceptance of all pre-existing site • conditions and shall constitute a waiver of any and all future claims relating to said conditions. • • N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City • Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. • • (b) Complete sets of said Contract Documents may be purchased at $25.00 per set and • are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. • • (c) An additional fee of $15.00 will be charged for sets of documents sent by UPS ground • delivery. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. • • N-11 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed • and addressed to the City of Palm Springs, and shall be delivered or mailed to the • Procurement and Contracting Division at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and • address of the Bidder and shall bear the words "Bid For.." followed by the title of the Project • and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be • enclosed in the same envelope with the Bid. • • • By Date • David J. Barakian, PE Director of Public Works/ • City Engineer • City of Palm Springs • • • • • • • • • BATTING FACILITY DEMOLITION CITY PROJECT NO 08-22 NOTICE INVITING BIDS • 12/10/08 PAGE 2 • • • • CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS • 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the • General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term • "Engineer" shall be as defined in the Special Provisions. • 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible • Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. • Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work • will be accepted from a contractor who does not hold a valid contractor's license in the • State of California for the classifications named in the Notice Inviting Bids at the time of • award. • 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, • partnership, corporation, or association under the same or different names will not be • considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City • believes that collusion exists among the Bidders, all Bids will be rejected. • • 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE— • a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that • may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study . and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. • • (b) Reference is made to the Special Provisions for identification of those reports • of explorations and tests of subsurface conditions at the site which may have been • utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, • interpretations, and opinions contained therein or the completeness thereof is the • responsibility of the Bidder. • (c) Copies of such reports and drawings will be made available for inspection by • the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is . entitled to rely is limited to that set forth in the Special Provisions. • (d) Subject to the provisions of Section 4215 of the California Government Code, • information and data reflected in the Contract Documents with respect to underground • utilities at or contiguous to the site is based upon information and data furnished to the BATTING FACILITY DEMOLITION • CITY PROJECT NO.08.22 INSTRUCTIONS TO 12110/08 BIDDERS-PAGE 1 • • • • • City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is • expressly provided otherwise in the Special Provisions. • (e) Provisions concerning responsibilities for the adequacy of data fumished to • prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions • appear in the Standard Specifications and Special Provisions- (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical • conditions (surface, subsurface, and underground utilities) at or contiguous to the site or • otherwise which may affect cost, progress, or performance of the Work and which the • Bidder deems necessary to determine its Bid for performing the Work in accordance with . the time, price, and other terms and conditions of the Contract Documents. • (g) Where feasible, upon request in advance, the City will provide each Bidder • access to the site to conduct such investigations and tests as each Bidder deems • necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former • condition upon completion of such exploration. • • (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in • performing the Work are identified in the Contract Documents. All additional lands and • access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or • permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. • • (i) The submittal of a Bid will constitute an incontrovertible representation by the • Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract • Documents and such means, methods, techniques, sequences, or procedures of • construction as may be indicated in or required by the Contract Documents; and that the • Contract Documents are sufficient in scope and detail to indicate and convey . understanding of all the terms and conditions for performance of the Work. • 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract • Documents are to be directed to the Engineer_ Interpretations or clarifications considered • necessary by the Engineer in response to such questions will be resolved by the issuance • of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to • the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications • will be without legal or contractual effect. • 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by • a certified or cashier's check or approved Bid Bond in the amount stated in the Notice • Inviting Bids. Said check or bond shall be made payable to the City and shall be given as BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 INSTRUCTIONS TO 12/10/08 BIDDERS-PAGE 2 • • • • a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and • Performance Bond. Each of said bonds and insurance certificates shall be in the • amounts stated in the Standard Specifications or Special Provisions_ In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as . the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. . 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award_ All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM - The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one • Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of • schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand comer with the name and . address of the Bidder and shall bear the words "BID FOR," followed by the title of,the • Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. • 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid • is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for • a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a • Bid Schedule and the total indicated for the schedule does not agree with the sum of • prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq, of the California Public Contract Code. 11. QUANTITIES OF WORK— (a) The quantities of work or material stated in unit price items of the Bid are • supplied only to give an indication of the general scope of the Work; the City does not • BATTING FACILITY DEMOLITION . CITY PROJECT NO.08.22 INSTRUCTIONS TO 12/10/08 BIDDERS-PAGE 3 • • • • expressly or by implication agree that the actual amount of work or material will • correspond therewith_ • (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall • be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, • decreases of more than 25 percent, and eliminated items shall be adjusted as provided in • Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such • written request must be delivered to the place stipulated in the Notice Inviting Rids prior to • the scheduled closing time for receipt of Bids. • 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized • conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without • interlineation, alterations, or erasures. Alternative Bids will not be considered unless • expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. • 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as • set forth in the Agreement and the provisions of the Special Provisions. • 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any • application for a substitute or "or-equal" item by the Contractor and consideration by the • Engineer is set forth in Section 4 of the Standard Specifications and Special Provisions. • 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based • primarily on the lowest overall cost to the City, and will be made to a responsive, • responsible Bidder whose Bid complies with all the requirements prescribed. Unless • otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of • the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more • than one Bid Schedule, the City may award schedules individually or in combination. In • the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. • • 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall • execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract • Documents within 7 calendar days after receipt of the Agreement forms from the • City. Failure or refusal to enter into an Agreement as herein provided or to conform to • any of the stipulated requirements in connection therewith shall be just cause for an . annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the • Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may 8A ING FACILITY responsible • CITY PROJECT NO.08-22 INSTRUCTIONS TO 12/10/08 • BIDDERS-PAGE 4 • • • • award the Contract to the third lowest responsive, responsible Bidder. On the failure or • refusal of such second or third lowest Bidder to execute the Agreement, each such bidders Bid Securities shall be likewise forfeited to the City. • • 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware • that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and • execute the Worker's Compensation Certification. • • 19. LOCAL BUSINESS PROMOTION — . (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid • submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor • from any state, county or city that gives or requires a preference to contractors • from that entity in award of its service contracts. .The amount of the reciprocal • preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. • (b) For all contract Bids proposing sub-contractors: • (1) The prime contractor shall use good faith efforts to sub-contract the supply of • materials and equipment to local business enterprises, and to sub-contract • services to businesses whose work force resides within the Coachella Valley • ("local sub-contractor"). • (2) The prime contractor shall submit evidence of such good faith efforts at the • time of submission of Bids. Good faith efforts may be evidenced by placing • advertisements inviting proposals in local newspapers, sending requests for • proposals to local sub-contractors, or by demonstrating that no local sub- contractors are qualified to perrorm the work or supply the materials or equipment. • • (3) Any notice inviting Bids which may require the use of sub-contractors shall • include notification of this subdivision. • (4) The City may reject as non-responsive the Bid of any contractor proposing to • use sub-contractors that fails to comply with the requirements of this subdivision. • • - END OF INSTRUCTIONS TO BIDDERS - • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08.22 INSTRUCTIONS TO 12l10/08 BIDDERS-PAGE 5 • • • • • BID DOCUMENTS • Only the following listed documents, identified in the lower right corner as "Bid • Forms" and reproduced on colored paper, shall be fully executed and submitted • with the Bid at the time of opening of Bids. • • • Bid (Proposal) • Bid Schedule(s) • List of Subcontractors • Non-collusion Affidavit Bid Bond (Bid Security Form) • Bidder's General Information • • Failure of a Bidder to fully execute and submit all of the listed documents with the • Bid will render a Bid as non-responsive and subject to rejection. • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 • 12/10/08 COVER SHEET BID FORMS-PAGE 1 • • • • • BID • BID TO: CITY OF PALM SPRINGS, CALIFORNIA • The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the • Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: • • BATTING FACILITY DEMOLITION CITY PROJECT NO. 08-22 • • Bidder accepts all of the terms and conditions of the Contract Documents, including without • limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the • disposition of the Bid Security. • This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise • required by law. Bidder will enter into an Agreement within the time and in the manner required • in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. • • Bidder has examined copies of all the Contract Documents, including the following Addenda • (receipt of which is hereby acknowledged): • Number Date • • Number Date • Number Date • • Number Date • Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, • the site, the locality where the Work is to be performed, the legal requirements (federal, state, • and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, • or performance of the Work, and has made such independent investigations as Bidder deems • necessary- In conformance with the current statutory requirements of California Labor Code Section 1860, • et seq., the undersigned confirms the following as its certification: • 1 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, before commencing the performance of the • Work of this Contract. • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 IZ10108 BID AGREEMENT • BID FORMS-PAGE 2 • • • • To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder • further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract • Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). • Dated: • • Bidder: • • • By: • (Signature) • • Title: • • • • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08.22 BID AGREEMENT 12/10/08 BID FORMS-PAGE 3 • • • • . BID SCHEDULE Lump Sum Price for Construction of BATTING FACILITY DEMOLITION • CITY PROJECT NO. 08-22 In Palm Springs, California Description • Demolition, removal and disposal of the existing building structures, cages, foundations, slabs, and all site appurtenances of the "Batting Facility", generally described as: The "Batting Facility" includes two small one story buildings (modular units) approximately 500 . and 300 square feet, a bathroom (6' x 6'), three trailers (two 12' x 40' and one 10' x 30'), a dumpster, batting cages (8 stations), concrete slabs and foundations, pitching machine area concrete and roof structure, fences, brick counter, concrete sidewalk (up to the existing paved roadway), pasts and foundations (conveyor posts, main mast, batting cage posts, signal posts, outfield perimeter posts, lamp posts), ball retrieval sump and sump pump foundations, electric . panel, transformer, and perimeter fences_ The perimeter fences will only be removed from the north side of the property and approximately 70 feet from the east side of the property. The electric panel and the transformer will be disconnected by So. Cal. Edison prior to the commencement of work. The Contractor shall protect in place the trees (two palm trees and one eucalyptus), and the perimeter chain link fence on the south-west side of the property and approximately 185 feet on the east side of the property(starting at 70 feet south of the north-east corner of the property). The Contractor's work shall include import of soil for earthwork and grading as necessary to re- grade the site to flat plane compacted ground surface, with a 1% slope toward the east; and lip application of an E.P.A. approved dust suppressant upon completion of the work. . For the lump sum Of: $ (Price in figures) (Price in words) Name of Bidder or Firm BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 LUMP SUM BID SCHEDULE 12/10f08 BID FORMS-PAGE 4 • . INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and • business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as • otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the wards "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive • and may cause its rejection. Contractor's Percent • License of Total • Work to be Performed Number Contract Subcontractor's Name$Address • 1. • 2. • 3. 4. • 5. 6. • T 8. r • BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 . 12/10/08 LIST OF SUBCONTRACTORS . BID FORMS-PAGE 5 • • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER • AND SUBMITTED WITH BID • • • State of California ) • ) ss. • County of ) • • 1, being first duly swom, deposes and says that • he or she is of • the party making the foregoing Bid, that the Bid • is not made in the interest of, or on behalf of, any undisclosed person, partnership, • company, association, organization, or corporation; that the Bid is genuine and not • collusive or sham; that the Bidder has not directly or indirectly induced or solicited any • other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, • conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or • that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or • indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or • indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents • thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee • to any corporation, partnership, company, association, organization, bid depository, or to • any member or agent thereof, to effectuate a collusive or sham Bid_ • • Bidder • • BY • Title • • Organization • • Address • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 NON-COLLUSION AFFIDAVIT 12(10108 BID FORMS-PAGE 6 • • • • • • ALL-PURPOSE ACKNOWLEDGMENT • • State of • County of • On before me, , • Date Name, Title of Officer • personally appeared • NAME(S) OF SIGNER(S) • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by • his/her/their signatures(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed • the instrument. • I certify under PENALTY OF PERJURY under the laws of the Stag of California that the foregoing paragraph is true and correct. Witness my hand and official seal. • • Signature of Notary • • • • ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of • this certifcale to unauthorized document. . THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED • TO THE DOCUMENT Number of Pages—DATE of DOCUMENT • DESCRIBED AT RIGHT: Signers)Other Than Named Above • • • • • • • • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 NON-COLLUSION AFFIDAVIT-NOTARY ACKNOWLEDGMENT 12/10/08 • BID FORMS-PAGE 7 • • • BID BOND KNOW ALL MEN BY THESE PRESENTS, • That as Principal, and as Surety, • are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, • administrators, successors, and assigns,jointly and severally, firmly by these presents. • WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under • the Bid Schedule(s) of the City's Contract Documents entitled: • BATTING FACILITY DEMOLITION • CITY PROJECT NO. 08-22 • NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and • in the manner required in.the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a • written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the • required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all • costs incurred by said City in such suit, including a reasonable attorneys fee to be fixed by the . court. . SIGNED AND SEALED, this. day of 200—. • PRINCIPAL: . Check one:—individual,_partnership, _corporation (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND 8. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer)_ . By SURETY: • signature (NOTARIZED) • Print Name and Title: By By • . signature signature . (NOTARIZED) (NOTARIZED) . Print Name and Title: Print Name and Title: • • BATTING FACILITY DEMOLITION BID BOND(BID SECURITY FORM) CITY PROJECT NO.08-22 • 12/10/08 61D FORMS-PAGE 8 • • • • BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. • • 1. BIDDER/CONTRACTOR'S Name and Street Address: • • • • 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) • • 3. CONTRACTOR'S License: Primary Classification State License Number(s) • Supplemental License Classifications • 4. Surety Company and Agent who will provide the required Bonds on this Contract: . Name of Surety Address • Surety Company Telephone Numbers: Agent ( ) Surety ( ) • 5. Type of Firm (Individual, Partnership or Corporation): • 6. Corporation organized under the laws of the State of: • 7. List the names and addresses of the principal members of the firm or names and titles of the,principal officers of the corporation or firm: • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 BIDDER's GENERAL INFORMATION 12/10/08 BID FORMS-PAGE 9 • • • BIDDER'S GENERAL INFORMATION (Continued) • ! 8. Number of years experience as a contractor in this specific type of construction work: ! • 9. List at least three related projects completed to date: • ! a. Owner Address ! Contact Class of Work Phone Contract Amount . Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work • Phone Contract Amount Project Date Completed • Contact Person Telephone number • C. Owner Address • Contact Class of Work • Phone Contract Amount ! Project Date Completed Contact Person Telephone number ! • • 10. List the name and title of the person who will supervise full-time the proposed work foryourfirm: • • 11. Is full-time supervisor an employee contract services ? • 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be • required by the Engineer_ • BATTING FACILITY DEMOLITION CITY PROJECT N0,08-22 BIDDER'S GENERAL INFORMATION 12/10/08 BID FORMS-PAGE 10 ! • • • • • AGREEMENT • • THIS AGREEMENT made this _ day of 200_, by and • between the City of Palm Springs, a charter city, organized and existing in the County of • Riverside, under and by virtue of the laws of the State Of California, hereinafter designated as the City, and • hereinafter designated as the Contractor. • • The City and the Contractor, in consideration of the mutual covenants hereinafter set • forth, agree as follows: • ARTICLE 1 --THE WORK • The Contractor shall complete the Work as specified or indicated under the Bid • Schedule(s) of the City's Contract Documents entitled: • BATTING FACILITY DEMOLITION • CITY PROJECT NO. 08-22 The Work is generally described as follows: • Removal and disposal of the entire existing batting facility, including but not limited to: • slabs and foundations, sidewalk, buildings, trailers, batting cages, pitching machine area • with roof structure, lights, posts, fences; disconnecting and capping utilities; import of soil for earthwork and grading; application of dust stabilizer, and all appurtenant work as • required in these special provisions. ARTICLE 2 -- COMMENCEMENT AND COMPLETION • The Work to be performed under this Contract shall commence on the date specified in • the Notice to Proceed by the City, and the Work shall be fully completed within the time • specified in the Notice to Proceed. • The City and the Contractor recognize that time is of the essence of this Agreement, and • that the City will suffer financial loss if the Work is not completed within the time specified • in Article 2, herein, plus any extensions thereof allowed in accordance with applicable • provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss • suffered by the City if the Work is not completed on time. Accordingly, instead of • requiring any such proof, the City and the Contractor agree that as liquidated damages or • delay (but not as a penalty), the Contractor shall pay the City the sum of $690 for each • calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard • Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to Complete the Work • within the time specified in the Notice to Proceed_ • BATTING FACILITY DEMOLITION• AGREEMENT FORM CITY PROJECT NO.08-22 12/10/OS AGREEMENT AND BONDS-PAGE 1 . • • • ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid • and Bid Schedule(s). • • ARTICLE 4-- THE CONTRACT DOCUMENTS • The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the • accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, • Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's . Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , inclusive, • and all Change Orders and Work Change Directives which may be delivered or issued • after the Effective Date of the Agreement and are not attached hereto. • ARTICLE 5 -- PAYMENT PROCEDURES • • The Contractor shall submit Applications for Payment in accordance with the Standard • Specifications as amended by the Special Provisions. Applications for Payment will be • processed by the Engineer or the City as provided in the Contract Documents. • ARTICLE 6 -- NOTICES • • Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the • individual or to a member of the firm or to an officer of the corporation for whom it is • intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the • last business address known to the giver of the Notice. • ARTICLE 7 -- MISCELLANEOUS • • Terms used in this Agreement which are defined in the Standard Specifications and the • Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests • in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies • that may become due and monies that are due may not be assigned without such • consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no • assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. • The City and the Contractor each binds itself, its partners, successors, assigns, and legal • representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the • Contract Documents. • • BATTING FACILITY DEMOLITION AGREEMENT FORM CITY PROJECT NO.08.22 AGREEMENT AND BONDS-PAGE 2 • 12/10/08 l• • • • IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be • executed the day and year first above written. • APPROVED BY THE CITY COUNCIL: ATTEST: CITY OF PALM SPRINGS, • CALIFORNIA Date • • By Agreement No. • City Clerk • • APPROVED AS TO FORM: • • BY • City Attorney • Date • • • CONTENTS APPROVED: • • BY City Engineer • • Date • • BY • City Manager • • Date • • • • • • • • • BATTING FACILITY DEMOLITION AGREEMENT FORM CITY PROJECT NO.08.22 AGREEMENT AND BONDS-PAGE 3 • 12/10/08 • • • Corporations require two notarized signatures: One signature must be from Chairman of Board. President, or any . Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant • Treasurer,or Chief Financial Officer. . CONTRACTOR: Name: Check one:_Individual_Partnership_Corporation • Address: • • By: By • Signature (notarized) Signature (notarized) • • Name: Name: . Title: Title: • (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief • Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of ❑ State of ❑ • County of ❑ss County of ❑ss On On • before me, before me, • personally appeared personally appeared . who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and • acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed • the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), . and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the . instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the of which the person(s) acted, executed the • instrument. instrument. • • 1 certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the • laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. • WITNESS my hand and official seal. WITNESS my hand and official seal. • Notary Signature: Notary Signature: • • Notary Seal: Notary Seal: • • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 AGREEMENT FORM 12/10/08 AGREEMENT AND BONDS-PAGE 4 • • • • • • • • • • • • • • • • WORKER'S COMPENSATION CERTIFICATE • • OF THE REQUIRED CALIFORNIA LABOR CODE) • • • 1 am aware of the provisions of Section 3700 of the California 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 said Code, and I will comply with such provisions before ! commencing the performance of the Work of this Contract. • Contractor • By • • Title • • • • • • • • • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO.08-22 WORKER'S COMPENSATION CERTIFICATE 12710108 AGREEMENT AND BONDS-PAGE 5 • • • • • • PERFORMANCE BOND • KNOW ALL. MEN BY THESE PRESENTS, • • That as Contractor, and as Surety, • are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the • County of Riverside, California, hereinafter called the "City," in the sum oh dollars, • for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement • with said City to perform the Work as specified or indicated in the Contract Documents entitled: BATTING FACILITY DEMOLITION CITY PROJECT NO. 08-22 • • NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, • then this obligation shall be null and void, otherwise it shall remain in full force and effect. • • PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract • Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any • extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby • waived by said Surety. • • SIGNED AND SEALED, this_day of , 200_. • CONTRACTOR: . Check one: individual,_partnership, _Corporation (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President;AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). • By SURETY: • • signature • (NOTARIZED) Print Name and Title: • • By By • signature signature • (NOTARIZED) (NOTARIZED) • Print Name and Title: Print Name and Title: • • BATTING FACILITY DEMOLITION PERFORMANCE BOND • CITY PROJECT NO,08-22 AGREEMENT AND BONDS-PAGE 6 • - 12/10/08 • • • • • PAYMENT BOND • KNOW ALL MEN BY THESE PRESENTS, • • That as Contractor, and as Surety, • are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the • County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, • for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, • administrators, successors, and assigns,jointly and severally, firmly by these presents- WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement • with said City to perform the Work as specified or indicated in the Contract Documents entitled: BATTING FACILITY DEMOLITION CITY PROJECT NO. 08-22 • • NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or • other supplies used in, upon, for, or about the performance of the Work contracted to be done, or • for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance • Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors • pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as • required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State • of California referred to therein and acts amendatory thereof, and provided that the persons, • companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, • appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or • machinery or power for, or contributing to, said work to be done, or any person who performs • work or labor upon the same, or any person who supplies both work and materials therefor, shall • have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this • bond, a reasonable attorney"s fee as shall be fixed by the Court- This Bond shall inure to the • benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. • • PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or • changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor-shall any • extensions of time granted under the provisions of said Contract Documents release either said • Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety- • • SIGNED AND SEALED, this day of 200T • • BATTING FACILITY DEMOLITION PAYMENT BOND CITY PROJECT NO-08-22 AGREEMENT AND BONDS-PAGE 7 12/10/08 • • • • • • CONTRACTOR: • Check one:—individual,_partnership, _corporation • (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or . • Chief Financial Officer). By SURETY: • signature • (NOTARIZED) • Print Name and Title: • • • By By • • signature signature (NOTARIZED) (NOTARIZED) • • Print Name and Title: Print Name and Title: • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION PAYMENT BOND CITY PROJECT NO.08-22 AGREEMENT AND BONDS-PAGE 8 • 12/10/08 • • NTS • THIS CERTIFICATE ISSUED TOTHE OWNERIAGEERTINTH�C O OW DSI"AfVD BY THE E CONTRACT WITH THE INSURED • NAME AND ADDRESS OFINSURED INSURANCE COMPANIES AFFORDING COVERAGE • COMPANY A B - C D • • YYPE OF wORK PERFORMED AND LOCATION • i� TYPE OF INSURANCE POLICY NUMBER 41MTT$OF LIABILITY IN THOUSANDS(M000) • EACH • OCCURRENCE AGGREGATE . COMPREHENSIVE GENERAL LIABILITY • Including. ❑ EXPLOSION AND COU_AP$E BODILY IWURY S S • ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE S $ • ❑I FRODUCTSCOMPLETLD OPERATIONS �r • I ' CCNTRACTl1AL INSURANCE ❑ CROAD FORM PfOPERTY DAMAGE • ❑ INDEPENDENT CONTRACTORS BODILYINJURYANO PROPERTY • ❑ PERSONAL INJURY DAMAGE COMBINED $ B • PERSONAL INJURY S COMPREHENSIVE AUTOMOBILE BODILY INJURY • LIABILITY EACH PERSON .$ Including: EACHACCIDENT ❑ OWNED PROPERTY DAMAGE $ . ❑ HIRED Or . ❑ NON-OWNED BNDILYINJIIRY ❑ MOTOR CARfiIER ACT AN AGE QFERTY COM91N • DAMAGE COMBINED $ • EXCESS LIABILITY BODILY INJURY Including AND PROPERTY DAMAGE COMBINED • ❑ EMPLOYERS LIABILITY • WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY • Including. EL $ (EACH _ ACCIDENT) HARBOR• U L REMF,N HARBOR WORKERS • OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS • The undersigned Dahl Nat he or she Is the representative of trio aboveaaned mgeranee comppnms,that he or she has the authority to execute and issue this Certificate to CeNfleale Holder and accordingly,dam hereby certify on behalf of said insurance comp.n,es that policies of insurance listed above have been Issued to the Insured • named abovo and arc In forco at this amp Not+MthaIanding pny regairemenl terra or condition of any Contract or other document with respect to which this cartlicate maybe Issued or may pcna in,the insurancc afforded by the pehcles described herein is subject to at the terms exclusions and Conditions of such pollcies Copies of the policing • show,will be Furnished to the Certificate Helder upon request. Thu Ccrtlfili is dots not amend ..(and or alter the mvemge uflofdetl by the policies listed. • Cancellation'Should any of the abavc dmcnbcd policies.be cancelled before the explrshon date thereof the Iasuing company will malt 30 days written notice to the below- NAME certificate holder. • NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED • 6V i • ammrisonwmuuTnmr.m ww.arwc wM mi.—mcrom,.,kn • u ., • BATTING FACILITY DEMOLITION . CITY PROJECT NO.08-22 12/10/08 CERTIFICATE OF INSURANCE • AGREEMENT AND BONDS-PAGE 9 • • • • • • • • • • • • • CITY OF PALM SPRINGS • SPECIFICATIONS • • • PART II - CONDITIONS OF THE CONTRACT • • General Conditions of the Contract • Supplementary General Conditions • • • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-CONTENTS • 12/10/08 • • • • • • • GENERAL CONDITIONS OF THE CONTRACT • No. Article Page • 1 Definitions 1 • 2 Preliminary Matters 7 3 Contract Documents: Intent, Amending, and Reuse 9 • 4 Availability of Lands; Subsurface and Physical • Conditions; Reference Points 12 5 Bonds and Insurance 16 • 6 The Contractors Responsibilities 21 • 7 Other Work 27 • 8 The City's Responsibilities 28 9 The Engineer's Status During Construction 29 • 10 Changes in the Work 32 • 11 Change of Contract Price 34 • 12 Change of Contract Time 40 • 13 Warranty and Guarantee; Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 41 • 14 Payments to the Contractor and Completion 45 • 15 Suspension of the Work and Termination 53 • 16 Dispute Resolution 56 17 Miscellaneous 57 • 18 California State Requirements 58 • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-CONTENTS • 12/10/08 • • • GENERAL CONDITIONS OF THE CONTRACT • • ARTICLE 1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and • plural thereof: • . Addenda - Written or graphic instruments issued prior to the opening of Bids which make . changes, additions, or deletions to the Bid.Documents. Agreement- The written contract between the CITY and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and . made a part thereof as provided therein. • Application for Payment - The form accepted by the ENGINEER which is to be used by • the CONTRACTOR in requesting progress or final payments and which is to be • accompanied by such supporting documentation as is required by the Contract Documents. • • Architect - Reference in these documents to Architect shall be deemed to mean the City . Engineer of the City of Palm Springs. • Asbestos - Any material that contains more than one percent asbestos and is friable or is • releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the • purpose for which it is intended (or a related purpose) before reaching completion for all • of the Work. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be performed_ • • Bidding Documents - The Notice Inviting Bids, Instructions to Bidders, the Bid Form and • the accompanying Bid Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative Action Program, • and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). • Bidding Requirements The Notice Inviting Bids, Instructions to Bidders, and the Bid • Form and the accompanying Bid Schedule or Bid Sheets, List of. Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative • Action Program_ • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 1 • 12/10/08 • Bonds - Bid, Performance, and Payment bonds and other security instruments which protect the CITY against financial loss due to inability or refusal of the CONTRACTOR to • perform its Contract. Change Order - A document recommended by the ENGINEER which is signed by the CONTRACTOR and the CITY and authorizes an addition to, deletion from, or revision of • in the Work; or an adjustment in the Contract Price or the.Contract Times, issued on or after the Effective Date of the Agreement- 1 CITY - The CITY of Palm Springs, a charter city organized and existing in the County of Riverside, State of California, sometimes referred to as the CITY or the OWNER. • Completion - Completion of the Work shall be the date of such acceptance of the Work by the CITY, as provided under California Civil Code Section 3086. Consultant - The ENGINEER, ARCHITECT, or ARCHITECT-ENGINEER firm and their designated representatives acting under contract to the CITY, acting on behalf of the CITY of Palm Springs as their authorized representative within the scope of authority defined in.their contract with the CITY Contract Documents - Unless otherwise defined in the Agreement or Supplementary General Conditions, the Contract Documents shall comprise the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid . Schedule, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, Affirmative Action Program, the Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary . General Conditions, Technical Specifications, Drawings, and all Addenda, Change • Orders, and Work Change Directives executed pursuant to the provisions of the Contract Documents, together with all Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3.4b.1 and 3.4b.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to • Article 6.12 and paragraphs 6.12c and the reports and drawings referred to in paragraphs 4.2a.1 and 42b.2 are NOT Contract'Documents. Contract Price - The moneys payable by CITY to CONTRACTOR for completion of the • Work in accordance with the Contract Documents as stated in the Agreement (subject to • the provisions of paragraph 14.11 b in the case of Unit Price Work). Contract Times - The number of successive calendar days as stated in the Contract Documents for the completion of the Work to achieve Substantial Completion and so that . it is ready for final payment as evidenced by the ENGINEER's written recommendation of final payment in accordance with Article 11 and paragraph 14.11 b. Contract Unit Price - The price quoted by the Bidder for performing or furnishing each , item of work to be paid for on the basis of unit prices. . BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 2 . 12/10/08 • • • • CONTRACTOR - The person, firm, or corporation with whom the CITY-has entered into the Agreement- CONTRACTOR's Project Representative - CONTRACTOR's representative for the . project through whom all matters addressed to the CONTRACTOR regarding the project shall be directed. This individual and the CITY's, the ENGINEER's, or the Consultant's • Project Representative shall be the only 2 individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project. Cost of Work - The term Cost of Work (determined as provided in Articles 11.2, 11.3 and 11.4, herein) shall mean the sum of all- costs necessarily incurred and paid for by the • CONTRACTOR for labor, materials, and equipment in the proper performance of the Work, plus the CONTRACTOR's fee for overhead and profit (determined as provided in . Article 11.2, herein) (referred to in Caltrans Standard Specifications as "Force Account" work). • Day -A calendar day of 24 hours, measured from midnight to the next midnight. Daily Work Reports - Cost isolation reports detailing all costs of extra work, disputed work, • emergency work, or other work paid for on a force account basis and the cost of other • operations. A record of daily costs separate and distinct from the daily costs of other work on the project for which a contract price has been established. Defective Work - An adjective, which when modifying the word Work, refers to Work that • is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or that does not meet the requirements of any inspection, reference • standard, test, or approval referred to in the Contract Documents, or has been damaged • prior to the ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by CITY at the time of Substantial Completion in • accordance with Article 14.7 or 14.8). Drawings/Contract Drawings - The drawings, plans, maps, profiles, diagrams, and other • graphic representations which show the location, nature, extent, and scope of the Work to be furnished and performed by CONTRACTOR and which have been prepared or • approved by ENGINEER and are referred to in the Contract Documents. Shop drawings • are NOT Drawings or Contract Drawings as so defined. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the • Contract Documents plus any time extensions granted by the CITY. • • ENGINEER - The ENGINEER shall mean the City Engineer of the City of Palm Springs or . his authorized representative. • BATTING FACUTY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT N0,08-22 GENERAL CONDITIONS-PAGE 3 • 12/10/08 • • • ENGINEER's Estimate - On unit-price contracts, the ENGINEER's estimate shall • comprise the list of estimated quantities and prices of the individual line items of work to • be performed as contained in the Bid Schedule(s). On lump-sum projects, the ENGINEER's estimate shall mean estimated contract price of the completed project. • • Field Order- A written) order issued by the ENGINEER which orders minor changes in the • Work in accordance with Article 95 but which does not involve a change in the Contract Price or the Contract,Nimes. • Final Payment - Final payment shall be the last progress payment, less any specified retainage, authorized-after completion and acceptance of the Work by the CITY in • accordance with the provisions of 'California Civil Code Section 3086(c). Release of retainage cannot be made until 30 to 45 days after acceptance of the Work and recording • of a Notice of Completion by the CITY. General Requirements - Sections of'Division 1 of the Technical Specifications. • Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 25117 et. seq. of the California Health and Safety Code. RCRA hazardous waste • shall have the meaning provided in,Section 25120.2 of the California Health and Safety . Code, and Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. • Liquidated Damages - The dollar amount per day specified in the Agreement that the CONTRACTOR shall pay to the CITY for each and every day that the Work remains incomplete following the date of Completion specified in the Contract Documents. • -Liens — Mechanic's lien, stop notice, or bond right or any right against labor, services, • equipment, or material furnished in connection with any project in which the claimant has • bond or lien rights as defined in California Civil Code 3262. Notice of Award - The written notice by the CITY to the apparent successful bidder stating that upon compliance with the conditions precedent enumerated therein, within the time • specified, the CITY will enter into an Agreement. A Notice of Award will only be. issued after CITY Council Approval. • • Notice of Completion - The legal document filed by the CITY with the Riverside County . Clerk after the project has been accepted by the CITY of Palm Springs CITY Council. This document begins the notification period when those firms or individuals who have • submitted a Preliminary Notice for the project will be on notice that the project has been accepted as complete by the CITY . 0 Notice to Proceed - A written notice issued by the CITY to the CONTRACTOR (with a • copy to the ENGINEER) fixing the date on which the Contract Times will commence to • run authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and on which the CONTRACTOR shall start to . perform the CONTRACTOR's obligations under the Contract Documents. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 4 12/10/08 . • • • • • . OWNER -The CITY of Palm Springs, or any subdivision thereof, herein referred to as the CITY, with whom the CONTRACTOR has entered into the Agreement and for whom the • Work is to be provided. • Partial Utilization - Use by the CITY of a substantially completed part of the Work for the • purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. A written Notice of Partial Utilization will be issued to the CONTRACTOR • when such occurs_ • • RCRA Hazardous Waste - The term RCRA hazardous waste shall have the meaning • provided in Section 25120.2 of the California Health and Safety Code. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract • Documents. • Project Representative - The person named in the Supplementary General Conditions as the authorized representative of the CITY, or the ENGINEER, or the Consultant who may . be assigned to the site or any part thereof. All liaison between the CONTRACTOR and the CITY shall be directed through the Project Representative. Radioactive Material - Source, special nuclear, or byproduct material as defined by the . Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. • Resident Project Representative/Project Representative - (See Project Representative) Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which • such portion of the Work will be judged. • • Schedule of Values - Cost value of individual Work activities comprising a lump sum • contract; A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the CONTRACTOR. The unit values in a schedule of values are for convenience only, and are not intended for the purpose of pricing change orders. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the CONTRACTOR • and submitted by the CONTRACTOR to illustrate some portion of the Work and all • illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the • CONTRACTOR to illustrate material or equipment for some portion of the Work. • Specifications - Those portions of the Contract Documents consisting of all of Part I: • Notice Inviting Bids, Instructions to -Bidders, Bid Forms, Agreement, bonds, and certificates; Part II: General and Supplementary General Conditions of the Contract; and • Part III: Technical Specifications consisting of the written technical descriptions of BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 5 • 12110/08 • materials, equipment, construction systems, methods, standards, and workmanship as • applied to the Work and certain administrative details applicable thereto. • Standard Specifications - The Standard Specifications, where applicable, shall be as identified in the Supplementary General Conditions. . Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion -Refers to the Work (or a specified part thereof) that has progressed to the point where, in the opinion of the ENGINEER, and as evidenced by ENGINEER's definitive recommendation to the CITY that the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantial • Completion and "substantially complete" and "substantially completed" as applied to any Work shall. mean Substantial Performance of the Contract, hereunder, as defined in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company. Supplementary General Conditions ' The part of the Contract Documents which amends or supplements or makes additions, deletions, or revisions to these General Conditions. Supplier - A manufacturer, fabricator, retailer, wholesaler supplier, distributor, materialman, or vendor having a direct contract with the CONTRACTOR or with any . Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. Technical Specifications - The technical sections of the Specifications, comprising all of • the Sections contained in Part III of the Specifications defined herein. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other systems. Unit Price Work - Work to be paid for on the basis Of unit prices for the various work items. The bid price for each pay line item in a unit-price bid shall be the product of the unit price bid for each item, multiplied by the actual quantities of such items placed_ In case of conflict or error between the unit price and the extended product, the unit price shall prevail,and the extension corrected. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. The Work includes and is the result of performing services, or furnishing labor, and performing or furnishing services • and furnishing documents, all as required by the Contract Documents. BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 0 12/10/08 • • • i • Work Change Directive - A written directive to the CONTRACTOR, issued on qr after the Effective Date of the Agreement and signed by the CITY and recommended by the * ENGINEER, ordering immediate commencement of work on an addition, deletion, or revision of in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or to emergencies as provided in the Contract • Documents. ARTICLE 2 -- PRELIMINARY MATTERS • 2.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and insurance policies or • certificates as the CONTRACTOR may be required to furnish in accordance with Article • 5.1. • 2.2 Copies of Documents: i The CITY shall furnish to the CONTRACTOR up to 5 copies (unless otherwise specified in the Supplementary General Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon • request, at the cost of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed: • The Contract Times shall commence to run on the day indicated in the Notice to Proceed or, if no Notice to Proceed is issued, on the thirtieth day after the Effective Date of the Agreement. 2.4 Starting the Project: • • A Notice to Proceed may be given at any time within 30 days after the Effective Date of • the Agreement_ In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the • Agreement, whichever date is earlier. • 2.5 Starting the Work: * The CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the . Contract Times commence to run. 2.6 Before Starting Construction: • i a. Before undertaking each part of the Work, the CONTRACTOR shall carefully review • the Contract Documents and check all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, • ambiguity, or discre�plancy which the CONTRACTOR may discover and shall obtain a BATTING FACILITY DEMOLIYION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 7 • 12/10/08 • • • i written interpretation Or clarifications from the ENGINEER before proceeding with any • Work affected thereby; however, the'CONTRACTOR shall not be liable to the CITY orthe • ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract documents, unless the CONTRACTOR knew or reasonably should have known i thereof. i b. Within 10 days after the Effective Date of the Agreement (unless otherwise specified • in the General Requirements), CONTRACTOR shall submit to the ENGINEER for review: • 1. A preliminary progress schedule' indicating the times (numbers of days or dates) for starting and completing the Work, • 2. A preliminary schedule of Shop lDrawing and Sample submittals which will list each . required submittal and the times for submitting, reviewing and processing such i submittal; 3. On lump sum contracts, a preliminary schedule of values for all of the Work which will include quantities and . prices of items aggregating the Contract Price and will • subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. i c. Within 15 calendar days after' receipt of Agreement forms from the CITY, the • CONTRACTOR shall deliver to the CITY, certificates of insurance (and other evidence of • insurance which the CITY or any additional insured may reasonably request) which the CONTRACTOR is required to purchase and maintain in accordance with Articles 5.3, 5.4 i and 5.5. i 2.7 Preconstruction Conference: i • I Before any Work at the site is started, a conference attended by the CONTRACTOR, the • .ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Article 2.6, • procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.8 Initially Acceptable Schedules: • Unless otherwise provided in the Contract Documents, at least 10 days before submission of the first Application for Payment a conference attended by the • CONTRACTOR, the ENGINEER, and others as appropriate will be held to review for i acceptability to the ENGINEER as provided below the schedules submitted in accordance with Article 2.6. The CONTRACTOR shall have an additional 10 days to make i corrections and adjustments and to,complete and resubmit the schedules. No progress payment shall be made to the CONTRACTOR until the schedules are submitted to and . are acceptable to the ENGINEER as provided below. The construction schedule will be acceptable to the ENGINEER as providing an orderly progression of the Work to • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO,0-22 GENERAL CONDITIONS-PAGE 8 12/10108 i • • • • • completion and within the Contract Times, but such acceptance will neither impose on the ENGINEER the responsibility for the sequencing, scheduling, or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawing and Sample submissions will • be acceptable to ENGINEER as providing a workable arrangement for reviewing and • processing the required submittals. The CONTRACTOR's Schedule of Values, where required hereunder, shall be acceptable to ENGINEER as to form and substance. i • ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE • 3.1 Contract Documents: • • The Contract Documents comprise the entire agreement between the CITY and the • CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will • be construed in accordance with the laws of the place of the Project. • 3.2 Intent: • It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, i materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be fumished and performed whether or not specifically called for. When words or • phrases which have a well-known technical or construction industry or trade meaning are • used to describe Work, materials, or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the • Contract Documents shall be as issued by the ENGINEER as provided in Article 9.4. 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: a. Reference to standards, specifications, manuals, or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, • specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be • otherwise specifically stated in the Contract Documents. • • b. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, . ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and any provision of any such Law or Regulation applicable to the • performance of the Work or of any such standard, specification, manual, or code or of • any instruction of any Supplier, the CONTRACTOR shall report it to the ENGINEER in • writing at once, and the CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.10e) until an amendment or • supplement to the Contract Documents has been issued by one of the methods indicated • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 9 • 12/10108 • in Article 3.4; provided, however, that the CONTRACTOR shall not be liable to the CITY • or the ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless the CONTRACTOR knew or reasonably should have known thereof. c. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in • Article 3.4, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any such Laws or Regulations applicable to the performance of • the Work (unlless such an, interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). d. No provision of any such standard, specification, manual, code, or instruction shall be effective to change the duties and responsibilities of the CITY, the CONTRACTOR, or the ENGINEER. , or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the CITY, the ENGINEER or any of the ENGINEER'S Consultants, agents, or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.9_or any other provision of the Contract Documents. e. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved," or terms of like effect or import are used, or the adjectives 'reasonable," "suitable," ?acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the i design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Article 9.9 or any • other provision of the Contract Documents. 3.4 Amending and Supplementing contract Documents: a. The Contract Documents may be amended after execution of the Agreement to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. By formal Written Amendment, BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO,08-22 GENERAL CONDITIONS-PAGE 10 12/10/08 . • • • • • 2. By Change Order, (pursuant to paragraph 10.1 d), or • 3- By Work Change Directive. (pursuant to paragraph 10.1 a). • • b. In addition, the requirements of the Contract Documents may be supplemented, and • minor variations and deviations in the Work may be authorized, in one or more of the following ways: • • 1. By Field Order(pursuant to Article 9.5), 2. By the ENGINEER's approval of a Shop Drawing or Sample (pursuant to Article • 6.12, or • • 3. By the ENGINEER's written interpretation or clarification (pursuant to Article 9.4). • 3.5 Order of Precedence of Contract Documents: • • a. In resolving disputes resulting from conflicts, errors, omissions, ambiguities, or • discrepancies in any of the Contract Documents, unless otherwise provided in the Supplementary General Conditions, the order of precedence shall be as follows: • • 1. Change Orders or Work Change Directives • 2. Agreement 3. Addenda • 4- CONTRACTOR's Bid (Bid Forms) • 5. Supplementary General Conditions 6. Notice Inviting Bids • 7. Instructions to Bidders 8: General Conditions of the Contract • 9. Technical Specifications • 10.Contract Drawings • 11,Referenced Standard Specifications • 12.Referenced Standard Drawings • b- With reference to the Drawings the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings • 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over standard drawings • 5. Contract drawings govern over shop drawings • 3.6 Reuse of Documents: • The CONTRACTOR and any Subcontractor or Supplier or other person or organization • performing or furnishing any of the Work under a direct or indirect contract with the CITY, (i), shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 11 • 12/10/08 • I • seal of the ENGINEER or the ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, or other documents (or copies of any thereof) prepared by • or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii), shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the CITY and the ENGINEER and specific written verification or adoption by the ENGINEER. • ARTICLE 4 -- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. The CONTRACTOR shall • provide for all additional lands and access thereto that may be required for temporary construction facilities or storage 'of materials and equipment; provided, that the r CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by . the CONTRACTOR and the property owner, and a copy of said easement furnished to the ENGINEER prior to said use; and, neitherthe CITY nor the ENGINEER shall be liable for any claims or damages resultingl from the CONTRACTOR's unauthorized trespass or use of any such properties. 4.2 Subsurface and Physical Conditions: � a. Reports and Drawings: Reference is made to the Supplementary General Conditions for identification of: I • 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to'the site that have been utilized by the ENGINEER in the preparation of preparing the Contract Documents; and • 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by the ENGINEER in preparing the Contract Documents. . b_ The CONTRACTOR may rely upon the general accuracy of specified "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is specifically identified in the Supplementary General Conditions. Except for such reliance on such specified "technical data," the CONTRACTOR may not rely upon nor make any claim against the CITY, the ENGINEER, nor any of the ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for the CONTRACTOR's purposes; or BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 12 12/10/08 . • • • • • 2. other data, interpretations,.opinions, and information contained in such reports or • shown or indicated in such drawings; or • • 3. Any CONTRACTOR's interpretation of or conclusion drawn from any "technical • data" or any such data, interpretations, opinions, or information. • c. Existing structures: Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4.4, herein) which are at or contiguous to the site that have been utilized by the ENGINEER in the • preparation of the Contract Documents. • 4.3 Differing Site Conditions: a. If the CONTRACTOR believes that any subsurface or physical condition at or • contiguous to the site that is uncovered or revealed either: 1- Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, delineated in the Contract Documents, or • • 2. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character • provided for in the Contract Documents; then: b. The CONTRACTOR, promptly after becoming aware thereof and before further • disturbing conditions affected thereby or performing any Work in connection therewith, • shall notify the CITY and the ENGINEER in writing about such condition. The CONTRACTOR shall not further disturb such conditions or perform any Work in • connection therewith until receipt of written order to do so. • c. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the • extent that they are attributable to any such difference. • • d. The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or • Times if: • 1. The CONTRACTOR knew of the existence of such conditions at the time The • CONTRACTOR made a final commitment to the CITY in respect of Contract Price . and Contract Times by the submission of a bid or becoming bound under a • negotiated contract; or 2. The existence of such condition could reasonably have been discovered or • revealed as a result of any examination, investigation, exploration, test or study of . the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for the CONTRACTOR prior to the • CONTRACTOR's making such final Commitment; or BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 13 . 12/10/08 • I • I • 3. The CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.3b. • e. If the CITY and the CONTRACTOR are unable to agree on entitlement to or as to the amount or length of ,any such equitable adjustment in the Contract Price or Contract . Times, a claim may be made therefor as provided in Articles 11 and 12. However, the . CITY, the ENGINEER and the ENGINEER's Consultants shall not be liable to the CONTRACTOR for any claims, � costs, losses or damages sustained by the CONTRACTOR on or in connection with any other project or anticipated project. f. The CONTRACTOR's failure to give written notice of differing site conditions within 5 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.4 Reference Points: a. The ENGINEER will provide one bench mark, near or on the site of the WORK, and will provide 2 points near or on the site from which the CONTRACTOR may establish a base line for alignment control. Unless otherwise specified in the General Requirements of the Technical Specifications, the iCONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the WORK. b. The CONTRACTOR shall be responsible for laying out the Work, shall protect and • preserve the established references points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in 'i grades or locations, and/or relocation because of . necessary changes in grades or locations, and shall be responsible for the accurate i placement or relocation of such reference points by professionally qualified personnel. I � 4.5 Hazardous Waste a. As provided in Article 18.17, herein, in any public works contract of the CITY which involves digging of trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any: 1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. . 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of • the character provided for in the Contract- BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 14 . 12/10/08 • • • • b. The public entity shall promptly investigate the conditions, and if it finds that -the • conditions do materially so differ, or do involve hazardous waste, and cause a decrease • or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK shall issue a Change'Order under the procedures described in the . Contract. • c- That, in the event that a dispute arises between the public entity and the • CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or • cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK, the-CONTRACTOR shall-not be excused from • any scheduled completion date provided for by the Contract, but shall proceed with all • work to be performed under the Contract. The CONTRACTOR shall retain any and all • rights provided either by Contract or by taw which pertain to the resolution of disputes and • protests between the contracting parties. • 4.6 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: • • a. The CITY will be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or • indicated in Drawings or Specifications or identified in the Contract Documents to be • within the scope of the Work and which may present a substantial danger to persons or • property exposed thereto in connection with the Work at the site. The CITY shall not be • responsible for any such materials brought to the site by the CONTRACTOR, its Subcontractors, Suppliers, or anyone else for whom the CONTRACTOR is responsible. • • b. The CONTRACTOR shall immediately: (i) stop all Work in connection with such • hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.10e), and (ii) notify the CITY and the ENGINEER (and thereafter • confirm such notice in writing). The CITY shall promptly consult with the ENGINEER concerning the necessity for the CITY to retain a qualified expert to evaluate such • hazardous condition or take corrective action, if any. The CONTRACTOR shall not be • required to resume Work in connection with such hazardous condition or in any such affected area until after the CITY has obtained any required permits related thereto and • delivered to the CONTRACTOR special written notice: (i) specifying that such condition • and any affected area is or has been rendered safe for the resumption of Work, or (ii) • specifying any special conditions under which such Work may be resumed safely. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent • of an adjustment, if any, in Contract Price or Contract Times as a result of such Work • stoppage or such special conditions under which Work is agreed by the CONTRACTOR • to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. c. If after receipt of such special written notice the CONTRACTOR does not agree to • resume such Work based on a reasonable belief it is unsafe, or does not agree to • resume such Work under such special conditions, then the CITY may order such portion . of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If the CITY and the CONTRACTOR cannot agree as to • entitlement to or the amount or extent of an adjustment, if any, in Contract Price or BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 15 . 12/10/08 • • • Contract Times as a result of deleting such portion of the Work, then either party may • make a claim therefor as provided in Articles 11 and 12. The CITY may have such deleted portion of the Work performed by the CITY's own forces or others in accordance • with Article 7. • d. To the fullest extent permitted by Laws and Regulations, the CITY shall indemnify and hold harmless the CONTRACTOR, its Subcontractors, the ENGINEER, the ENGINEER's Consultants, and the officers, directors, employees, agents, other consultants and • subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any • such claim, cost, loss or damage-lis attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible. property (other than the Work itself), • including the loss Of use resulting therefrom, and (ii) nothing in this paragraph 4.6d shall • obligate the CITY to indemnify any person or entity from and against the consequences of • that person's or entity's own negligence. • e. The provisions of Article 4.2 are not intended to apply to Asbestos, PCBs, Petroleum, • Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 -- BONDS AND INSURANCE • ' • 5.1 Performance, Payment, and Other Bonds: a. Upon receiving a Notice of Award, the CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions • as security for the faithful performance and payment of all the CONTRACTOR's obligations under the Contract Documents. If required under the Supplementary General • Conditions, a Correction and Repairs Bond shall be provided-for all Work; said Correction and Repair Bond shall cover a period of not less than one year and shall be by a separate • surety company. Where a separate Correction and Repair Bond is not required, the • Performance Bond shall be written to remain in effect at least until one year after the date of Substantial Completion/Notice of Completion as applicable, except as otherwise • provided by Law or Regulation or by the Contract Documents; provided, that after the date of Substantial Completion/Notice of Completion, as applicable,.the amount of said • Performance Bond, at the discretion of the CITY, may be reduced to the amount set forth in the Supplementary General Conditions. The premiums upon all such bonds shall be • paid by the CONTRACTOR- b. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or • becomes insolvent or its right to do business is terminated in any state where any part of • the WORK is located, or it ceases to meet the requirements of Article 5.1, the • CONTRACTOR shall within 7 days thereafter substitute another Bond and surety, both of which must be acceptable to the CITY. • • 5.2. Licensed Sureties and Insurers; Certificates of Insurance: • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 16 12/10/08 • • • • • a. All Bonds and insurance required by the Contract Documents to be purchased and maintained by the CITY or the CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. S Such surety and insurance companies shall also meet such additional requirements and . qualifications as may be provided in the Supplementary General Conditions, or required by law, whichever is greater, and shall endorse the CITY, the ENGINEER, and the CITY's Consultants for the project as additional insured." All insurance shall be maintained continuously during the life of the Agreement up to the date of Substantial • Completion/Notice of Completion, as applicable, pursuant to acceptance of the WORK by the CITY, but the CONTRACTOR's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. . b. The CONTRACTOR shall furnish the CITY with certificates showing the type, amount, . class of operations covered, effective dates and dates of expiration of policies for each of the following listed insurance coverages. In addition, each party named as an additional insured shall be provided with an original copy of the policy endorsement naming them as an additional insured (subject to any customary exclusion in respect of professional • liability) under the CONTRACTOR's policies of insurance required under the Contract. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at . least 30 days' prior written notice has been given to the CITY by Certified Mail. All such . insurance shall remain in effect until the date of Substantial Completion and at all times thereafter when the CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13.4d, herein. In addition,.the Insurance required herein (except for Worker's Compensation and Employer's Liability) shall name the CITY, . the ENGINEER, the CITY's Consultants for the project and their officers, agents, and employees as "additional insureds" under the policies: 1. Worker's Compensation Insurance Requirements: This insurance shall protect the . CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims under applicable state Worker's Compensation laws_ The CONTRACTOR shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a Worker's Compensation law_ This policy shall include an "all states" endorsement_ • The CONTRACTOR shall require each subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of . employees is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. .2. Comprehensive General Liability: This insurance shall be written in comprehensive form and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims arising BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 17 • 12/10/08 • • from injuries to persons other than its employees or damage to the property of the CITY or others arising out of any act or omission of the CONTRACTOR or its • agents, employees, or subcontractors, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or • indirectly employed by any of them to perform or furnish any of the Work, or by -anyone for whose acts any of them may be liable. The policy shall also include protection against claims: insured by customary personal injury liability coverage, a "protective liability" endorsement to insure the contractual liability assumed by the • CONTRACTOR under the indemnification provisions of the General Conditions. To the extent that the CONTRACTOR's work, or work under its direction, may • require blasting, explosive conditions, or underground operations, the . comprehensive general liability coverage shall contain no exclusions relative to blasting, explosion, collapse of buildings, or damage to underground structures- • • 3. Comprehensive Automobile, Liability: This insurance shall be written in • comprehensive form and shall protect the CONTRACTOR and the CITY and the ENGINEER against all claims for injuries to members of the public and damage to • property of others arising from the use of motor vehicles. Said insurance shall cover the operation onsite or offsite of all motor vehicles licensed for highway use • whether they are owned, non_'owned, or hired. 4. Subcontractor's Public Liability and Property Damage Insurance and Vehicle • Liability Insurance: The CONTRACTOR shall either require each of its • sub-contractors to procure and to maintain Subcontractor's Public Liability and . Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplementary General Conditions or insure the activities • of its subcontractors in the CONTRACTOR's own policy in like amount. 5. Builder's Risk: This insurance shall be of the "all risk" type, and unless otherwise • specified in the Supplementary General Conditions, shall be written in completed • value form, and shall protect',the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for 'the project against risks of damage to buildings, ' structures, and materials and equipment. The amount of such insurance shall be . not less than the insurable 'Ivalue of the WORK at completion. Builders Risk insurance shall provide for losses to be payable to the CONTRACTOR, the CITY, • the ENGINEER, and the CITY's Consultants as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the . coverage provided, the insurance company shall have no rights of recovery against the CONTRACTOR, the CITY, the ENGINEER, and the CITY's • Consultants. The Builder's Risk policy shall insure against all risks of direct • physical loss or damage to property from any external cause including flood and • earthquake. Allowable exclusions, if any, shall be as specified in the . Supplementary General Conditions. • c. The original or a Certified copy of each insurance policy and endorsements thereto shall be deposited with the CITY prior to execution of the Agreement. Specific language • of the policy shall be subject to approval of the CITY- BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 18 • 12/10108 • • • • • • 5.3 Policy Requirements: a. The insurance provided by the CONTRACTOR hereunder shall be (1) with companies • licensed to do business in the state of California, (2) with companies with a Best's • Financial Rating of VII or better, and (3) with companies with a Best's General Policy • Policyholders Rating of not less than A, except that in case of Worker's Compensation Insurance, participation in the State Fund, where applicable, is acceptable. • b. Insurance policies required hereunder which are required to have the CITY, the • ENGINEER, and the CITY's Consultants for the project named as additional insured . shall, (1) include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible insurance, (2) include a waiver of • subrogation against the CITY, its agents and employees, (3) for Builders All Risk • Insurance, provide for deductible amounts not exceeding 5 percent of the insurable • values of the WORK of the CONTRACTOR for the perils of all risks of physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure • against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, flood, and acts of God as defined in Public Contract . Code Section 7105, and claims for damages because of bodily injury or death of any . person or property damage arising out of the ownership, maintenance or use of any motor vehicle. • 5.4 Liability Insurance: • In addition to the insurance required to be provided by the CONTRACTOR under Article • 5.2, the CITY, at the CITY's option, may purchase and maintain at the CITY's expense • the CITY's own liability insurance as will protect the CITY against claims which may arise from operations under the Contract Documents- • 5.5 Property Insurance: • • The CITY shall not be responsible for purchasing and maintaining any property insurance • to protect the interests of the CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The • risk of loss within such identified deductible amount, will be borne by the CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property • insurance coverage within the limits of such amounts, each may purchase and maintain it • at the purchasers own expense. • 5.6 Waiver of Rights: a. The CITY and the CONTRACTOR intend that all policies purchased in accordance with Article 5.5 will protect the CITY, the CONTRACTOR, Subcontractors, the • ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in • the Supplementary Conditions to be listed as insureds or additional insureds in such • policies and will provide primary coverage for all losses and damages caused by the perils covered thereby- All such policies shall contain provisions to the effect that in the • event of payment of any loss or damage the insurers will have no rights of recovery • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 19 • 12/10/08 • against any of the insureds or additional insureds thereunder. The CITY and the CONTRACTOR waive all rights against each other and their respective officers, directors, i employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, the ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in . the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by the CITY as trustee or otherwise payable under any policy so issued. b. In addition, the CITY waives all rights against the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER'S Consultants and the officers, directors, employees and agents of any of them, for. 1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the CITY's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by the CITY; and • 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the CITY during partial utilization pursuant to Article r,14.8, after substantial completion pursuant to Article . 14.7 or after final payment pursuant to Article 14.11_ c. Any insurance policy maintained by the CITY covering any loss, damage or consequential loss referred to in this paragraph 5.6b shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers • will have no rights of recovery against any of the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees and agents of any of them. 5.7 Receipt and Application of Insurance Proceeds a. Any insured loss under the policies of insurance required by Article 5.5 will be adjusted with the CITY and made payable to the CITY as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause • and of paragraph 5.7b. The CITY shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work . and the cost thereof covered by an appropriate Change Order or Written Amendment. b. The CITY as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the • occurrence of loss to the CITY's exercise of this power, If such objection be made, the • CITY as fiduciary shall make settlement with the insurers in accordance with such BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 20 12/10/08 • • • • agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, the CITY as fiduciary shall adjust and settle the loss with the • insurers and, if required in writing by any party in interest, the CITY as fiduciary shall give • bond for the proper performance of such duties. 5.8 Acceptance of Bonds and Insurance; Option to Replace: • If either party (the CITY or the CONTRACTOR) has any objection to the coverage • afforded by or other provisions of the Bonds or insurance required to be purchased and • maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting.party shall so notify the • other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.6c. the CITY and the CONTRACTOR shall each . provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the • Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or • of such failure to maintain prior to any change in the required coverage. Without prejudice • to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the CONTRACTOR, • such insurance in the name of the CONTRACTOR, or subcontractor, as the CITY may • deem proper and may deduct the cost of taking out and maintaining such insurance from • any sums which may be found or become due to the CONTRACTOR under this Contract party who was required to provide such coverage, and a Change Order shall be issued to • adjust the Contract Price accordingly. • • 5.9 Partial Utilization -- Property Insurance: If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to • Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Article 14.8; provided that no such use or occupancy shall commence • before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby- The insurers • providing the property insurance shall consent by endorsement on the policy or policies, • but the property insurance shall not be cancelled or permitted to lapse on account of any • such partial use or occupancy. • ARTICLE 6 --THE CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: • The CONTRACTOR shall supervise, inspect, and direct the WORK competently and • efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. The • CONTRACTOR shall be solely responsible for the means, methods, techniques, • sequences, and procedures of construction, but the CONTRACTOR shall not be responsible for the negligence of others in the design or selection specification of a • specific means, method, technique, sequence or procedure. of construction which is • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 21 • 12/10/08 • • • shown or indicated in and expressly required by the contract documents. The • CONTRACTOR shall be responsible to see that the completed WORK complies • accurately with the Contract Documents. 1 • 6.2 Labor, Materials , and Equipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. Except in connection with as otherwise required for the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the CITY's written consent given after • prior written notice to the ENGINEER. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the CITY • any additional cost incurred by the CITY as a result of such work. . b. Unless otherwise specified in the'Contract Documents, the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, . power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and • completion of the WORK. 1 • 6.3 Adjusting Construction Schedule: The CONTRACTOR shall adhere to the Construction Schedule established in accordance with the provisions of the specifications, as it may be adjusted from time to time as provided in the Contract Documents. • 6.4 Concerning Subcontractors, Suppliers, and Others: • a. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees to the same extent as the . CONTRACTOR is responsible for the acts and omissions of its own employees_ Nothing contained in this Article shall create any contractual relationship between the CITY or the • ENGINEER and any sub-contractor,i nor shall it relieve the CONTRACTOR of any liability or obligation under the prime Contract_ • b. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for all • acts and omissions of the Subcontractors, Suppliers, and other persons and organizations perrorming or furnishing any of the Work under a direct or indirect contract • with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. • c. The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, �and other persons and organizations performing or . furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT N0,08-22 GENERAL CONDITIONS-PAGE 22 • 12/10/08 • • • • • • d. All Work performed for the CONTRACTOR by a Subcontractor or Supplier will be • pursuant to an appropriate agreement between the CONTRACTOR and the • Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the • applicable terms and conditions of the Contract Documents for the benefit of the CITY • and the ENGINEER. • 6.5 Permits, License Fees, and Royalties: • • a. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the • agencies having jurisdiction, including the furnishing of insurance and bonds if required by • such agencies. The enforcement of such requirements under this Contract shall not be • made the basis of claims for additional compensation. The CITY shall assist the • CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the • prosecution of the WORK, which are applicable at the time of opening of Bids, or if there • are no Bids, on the Effective Date of the Agreement- The CONTRACTOR shall pay all • charges of utility owners for connections to the WORK. • b. The CONTRACTOR shall pay all license fees and royalties and assume all costs • incident to the use in the performance"of the WORK or the incorporation in the WORK of • any invention, design, process, product , or device which is the subject of patent rights or • copyrights held by others. • c- The CONTRACTOR shall indemnify and hold harmless the CITY from and against all • claims, damages, losses, and expenses (including attorney's fees and court and • arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the WORK or resulting from the incorporation in the WORK • of any of a.particular invention, design, process, product, or device not specified in the • Contract Documents for use in the performance of the Work and if to the actual • knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights • shall be disclosed by the CITY, and shall defend all such claims in connection with any • alleged infringement of such rights. 6.6 Substitute Construction Methods or Procedures: • If a specific means, method, technique, sequence or procedure of construction is shown • or indicated in and expressly required by the Contract Documents, the CONTRACTOR • may furnish or utilize- a substitute means, method, technique, sequence or procedure of • construction acceptable to the ENGINEER. The CONTRACTOR shall submit sufficient information to allow the ENGINEER, in the ENGINEER's sole discretion, to determine that • the substitute proposed is equivalent to that expressly called for by the Contract • Documents. • 6.7 Laws and Regulations: • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 23 • 12110/08 0 • • a. The CONTRACTOR shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK, or the conduct of the WORK. • • b. The CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwse expressly • required by applicable Laws and Regulations, neither the CITY nor ENGINEER shall be responsible for monitoring the CONTRACTOR's compliance with any Laws- or • Regulations. C. If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, the CONTRACTOR shall bear all claims, costs, losses • and damages caused by, arising out'iof or resulting therefrom. 6.8 Taxes: # The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required • to be paid by the CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the WORK. 6.9 Use of Premises: The CONTRACTOR shall confine construction equipment, the storage of materials and • equipment, and the operations of workers to (1) the Project site, (2) the and land and . areas identified in and permitted by the Contract Documents, and (3) the other land and areas permitted by Laws and Regulations, rights=of-way, permits and easements. The, • and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. the CONTRACTOR shall assume full responsibility for any . damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas contiguous thereto, resulting from the performance of the WORK. Should • any claim be made against the CITY by any such owner or occupant because of the • performance of the WORK, the CONTRACTOR shall promptly attempt to settle with such • other party by agreement negotiation or otherwise resolve the claim by arbitration or other . dispute resolution proceeding or at Ilaw. The CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,i indemnify and hold the CITY harmless the CITY, the • ENGINEER, the ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, damages, losses, and expenses (including, but • not limited to, fees of architects, engineers, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly, or consequently out of any costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the CITY, or other party against the CITY • to the extent based on a claim arising out of such owner or occupant against the CITY, . the ENGINEER, or any other party, indemnified hereunder to the extent caused by or based upon the CONTRACTOR's performance of the WORK- • • 6.10 Safety and Protection: • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 24 12/10/08 • • • • • • . a. During the progress of the Work, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. • At the completion of the Work the CONTRACTOR shall. remove all waste materials, • rubbish and debris from and about the premises as well as all tools, appliances, • construction equipment and machinery, and surplus materials. The CONTRACTOR shall • leave the site clean and ready for occupancy by the CITY at Substantial Completion of the Work: The CONTRACTOR shall restore to original condition all property not • designated for alteration by the Contract Documents. • b- The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any • part of the Work or adjacent property to stresses or pressures that will endanger it. • c. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all • safety precautions and programs in connection with the WORK. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary • protection to prevent damage, injury, or loss. d- The CONTRACTOR shall comply with all applicable Laws and Regulations (whether referred to herein or not) of any public body having jurisdiction for the safety of persons or • property Or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify • owners of adjacent property and utilities when prosecution of the work of Underground • Facilities and utility owners when prosecution Of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their • property. All damage, injury or loss to any property referred to in paragraph 6.10c caused, • directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, • Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be • liable, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the • ENGINEER or the ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or • indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly Or indirectly employed by • any of them). the CONTRACTOR's duties and responsibilities for safety and for . protection of the Work shall continue'until such time as all the Work is completed_and the ENGINEER has issued a notice to the CITY and the CONTRACTOR in accordance with • Article 14.11 that the Work is acceptable (except as otherwise expressly provided in • connection with Substantial Completion). e. In emergencies affecting the safety or protection of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions from the ENGINEER or the CITY instruction or authorization from the CITY or the ENGINEER, is • obligated to act to prevent threatened damage, injury, or loss. The CONTRACTOR shall • give the ENGINEER prompt written notice if the CONTRACTOR believes that any significant changes in the WORK or variations from the Contract Documents have been • caused thereby. If the ENGINEER determines that a change in the Contract Documents • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 25 • 12/10/08 • I I is required because of the action taken by the CONTRACTOR in response to such an emergency, a Work Change Directive Change or Change Order will be issued to • document the consequences of such action. 6.11 Record Documents: The CONTRACTOR shall mainta in a safe place at the site one record copy of all Drawings; Specifications, Addenda, (Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications (issued pursuant to Article 9.3) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all • approved Shop Drawings shall be available to the ENGINEER for reference- Upon completion of the Work, these record documents, Samples, and Shop Drawings shall be delivered to the ENGINEER for the CITY- 6.12 Shop Drawings and Samples: a. After checking and verifying all field measurements and after complying with applicable procedures specified In the General Requirements of the Technical Specifications, the CONTRACTOR,shall submit Shop Drawings to the ENGINEER for . review. b. The CONTRACTOR shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample with other shop drawings Shop Drawings and Samples and with . the requirements of the WORK and the Contract Documents. c. The ENGINEER's review and approval of shop drawings or samples shall not relieve The CONTRACTOR from responsibility for any variation from the requirements of the i Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's . attention to each such variation at the time of submission and the ENGINEER has given written acceptance, such notice to be in a written communication separate from the submittal. 6,13 Continuing the WORK: The CONTRACTOR shall carry on the WORK and adhere to the construction schedule required to be submitted hereunder during all disputes or disagreements with the CITY- No work shall be delayed or postponed pending resolution of any disputes or . disagreements, except as permitted by Article 15.4 or as the CITY and the CONTRACTOR may otherwise agree in writing. I � 6.14 Warranty and Guarantee: . The CONTRACTOR warrants and (guarantees to the CITY, the ENGINEER and the ENGINEER'S Consultants that all' Work will be in accordance with the Contract Documents and will not be defective: 6.15 Indemnification: BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO,08-22 GENERAL CONDITIONS-PAGE 26 . 12/10108 I • • • • a. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify and hold harmless the CITY, the ENGINEER, the ENGINEER's Consultants • and the officers, directors, employees, agents, and other consultants of each and any of • them from and against all claims, costs, losses, and damages defend, and hold harmless • the CITY, the-ENGINEER, the CITY's Consultants for the project and their agents, and employees from and against all claims and liability arising under or by reason of the • Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY or the ENGINEER or the CITY's Consultants for the project. b. The CONTRACTOR shall reimburse the. CITY, the ENGINEER, and the CITY's • Consultants for the project for all costs and expenses,(including but not limited to all fees • and charges of engineers, architects, engineers, attorneys, and other professionals and • court costs) incurred by said CITY, the ENGINEER, and the CITY's Consultants for the • project in enforcing the provisions of this Article, including all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of • the Work. 6.16 Assignment of Contract: • The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the • Contract or any portion thereof or its right, title, or interest therein, or obligations • thereunder, without written consent Of the CITY, except as imposed by law. If the • CONTRACTOR violates this provision, the Contract may be terminated at the option of the CITY_ In such event, the CITY shall be relieved of all liability and obligations to the • CONTRACTOR and to its assignee or transferee, growing out of such termination. • • ARTICLE 7 -- OTHER WORK • • 7.1 Related Work at Site: a. The CITY may perform other work related to the Project at the site by the CITY's own forces, have other work performed by utility owners, or let other direct contracts therefor • which shall contain General Conditions similar to these, or have other work performed by • utility owners. If the fact that such other work is to be performed was not noted in the • Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. • • b. The CONTRACTOR shall afford each utility owner and other contractor who is a party • to such a direct contract or the CITY, if the CITY is performing the additional work with the • CITY's employees), proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other • work, and shall properly connect and coordinate the Work with theirs. Unless otherwise • provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting, and • patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any • work of others by cutting, excavating or otherwise altering their work and will only cut or • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO,08-22 GENERAL CONDITIONS-PAGE 27 12/10/08 • • • • alter their work with the written consent of the ENGINEER and the others whose work will • be affected. • c. If any part of the CONTRACTOR's work depends, for proper execution or results, • upon the work of any such other contractor or utility owner (or the CITY), the CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in • writing any delays, defects , or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The • CONTRACTOR's failure to so to report will constitute an acceptance of such other work • as fit and proper for integration with the CONTRACTOR's Work except for latent or • nonapparent defects and deficiencies in such other work. • 7.2 Coordination: a. If the CITY contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary General Conditions: • 1. The person, firmor, corporation, or other organization who will have authority and responsibility for coordination of the activities among the various prime contractors • will be identified; in the Supplementary General Conditions. • 2. The specific matters to be covered by such authority and responsibility will be • itemized; and 3. The extent of such authority and responsibilities shall be as provided. • b. Unless otherwise provided in the Supplementary General Conditions, neither the CITY nor the ENGINEER shall have sole authority and responsibility in respect of such coordination. • • ARTICLE 8 -- CITY'S RESPONSIBILITIES 8.1 Except as otherwise provided in these General Conditions, the CITY. shall issue all communications to the CONTRACTOR through their designated Project Representative_ • 8.2 The CITY shall furnish the data (required of the CITY under the Contract Documents • promptly and shall make payments to the CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. • • 8.3 The CITY's duties in respect ''of providing lands and easements and providing engineering surveys to establish reference points are set forth in Articles 4.1, 4.2, and 4.4. • The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical • conditions in existing structures at or contiguous to the site that have been utilized by the • ENGINEER in preparing the Contract Documents. • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 28 12/10/08 . • • • • • • 8.4 The CITYs responsibility in respect of certain inspections, tests, and approvals is set • forth in paragraph 13.4b. • 8.5 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, • 15.1, and 152_ deals with the CITY's right to terminate services of the CONTRACTOR • under certain circumstances. • 8.6 The CITY shall not supervise, direct, or have control or authority over, nor be • responsible for, the CONTRACTOR's means, methods, techniques, sequences or • procedures of construction or the safety precautions and programs incident thereto, or for • any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CITY will not be responsible for the • CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract • Documents. 8.7 The CITY's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in • Article 4.6. • • ARTICLE 9 --THE ENGINEER'S STATUS DURING CONSTRUCTION • • 9.1 The CITY's Representative: The ENGINEER will be the CITY's representative during the construction period. • 9.2 Visits to Site: The ENGINEER or the ENGINEER's authorized representative will make visits to the site at intervals appropriate to the various stages of construction as the ENGINEER deems • necessary in order to observe the progress that has been made and the quality of the • various aspects of the CONTRACTOR's executed Work. 9.3 Clarifications and Interpretations: • The ENGINEER will issue with reasonable promptness such written clarifications or • interpretations of the requirements of the Contract Documents (In the form of Drawings or • otherwise) as the ENGINEER may determine necessary. • • 9.4 Authorized Variations in the Work: The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the • Contract Times and are compatible with the design concept of the completed Project as a • functioning whole as indicated by the Contract Documents. These may be accomplished • by a Field Order and will be binding on the CITY and also on the CONTRACTOR, who shall perform the Work involved promptly. . BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 29 • 12/10/08 i , r • 9.5 Rejecting Defective Work: • The ENGINEER, acting through its authorized representative, will have authority to r disapprove or reject Work which the ENGINEER believes to be defective, or that the r ENGINEER believes will not produce a completed Project that conforms to the Contract • Documents or that will prejudice the integrity of the design concept of the completed • Project. 9.6 Shop Drawings, (Change Orders, and Payments: The ENGINEER will review all the CONTRACTOR submittals, including shop drawings, • samples, substitutes, or"or equal" items, etc., in accordance with the procedures set forth • in Article 6-12, inclusive, and the General Requirements of the Technical Specifications. • 9.7 Determinations for Unit Prices: . The ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR. The ENGINEER will review with the CONTRACTOR, • the ENGINEER's preliminary determinations on such matters before rendering a written • decision thereon (by recommendation of an Application for Payment or otherwise). The ENGINEER's written decision thereon will be final and binding upon the CITY and the r CONTRACTOR, unless within 10 days after the date of any such decision, either the I. CITY or the CONTRACTOR delivers to the other and to the ENGINEER written notice of • intention to appeal from the ENGINEER's decision. . 9.8 Decisions on Disputes: a. The ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price . or Contract Times will be referred initially to the ENGINEER in writing with a request for a r formal decision in accordance withi this paragraph. Written notice of each such claim, dispute, and/or other matter shall be delivered by the claimant to the ENGINEER and the • other party to the Agreement promptly (but in no event later,than 30 days) after the start of the occurrence or event giving rise thereto. • b. When functioning as interpreter and judge under Articles 9.7 or 9.8, the ENGINEER r will not show partiality to the CITY or the CONTRACTOR and shall not be liable in . connection with any interpretation or decision rendered in good faith in such capacity. The . rendering of a decision by the ENGINEER pursuant to Articles 9.7 or 9.8 with respect to • any such claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Article 14-14) will be a condition � precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies • as either may otherwise have under, the Contract Documents or by Laws or Regulations r in respect of any such claim, dispute, or other matter pursuant to Article 16. BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO 08-22 GENERAL CONDITIONS-PAGE 30 . 12/10/08 • • • • • 9.9 Limitations on the ENGINEER's Authority and Responsibilities: a. Neither the ENGINEER's authority or responsibility under this Article 9 or under any • other provision of the Contract Documents nor any decision made by the ENGINEER in • good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by the ENGINEER • shall create, impose or give rise to any duty owed by the ENGINEER to the • CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to • any surety for or employee or agent of any of them. • b. Whenever in the Contract Documents the terms "as ordered," "as directed," "as • required," "as allowed," "as reviewed," "as approved," or terms of like effect or import are • used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or"satisfactory" or • adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the WORK, it is intended that such requirement, • direction, review, or judgment will be solely to evaluate the WORK for compliance with the Contract Documents, unless there is a specific statement indicating otherwise. The use of • any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to • undertake responsibility contrary to the provisions of paragraphs 9.9c or 9.9d, herein. • . c. The ENGINEER will not supervise, direct, control or have authority over or be • responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or • for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The ENGINEER will not be responsible for the • CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. • d. The ENGINEER will not be responsible for the acts or omissions of the Contractor nor • of any Subcontractor, any Supplier, or of any other person or organization performing or • furnishing any of the Work- e. The ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, • bonds, and certificates of inspection, tests, and approvals and other documentation required to be delivered by Article 14.10 will only be to determine generally that their • content complies with the requirements of, and in the case of certificates of inspections, • tests, and approvals that the results certified indicate compliance with the Contract • Documents. • f. The limitations upon authority and responsibility set forth in this Article 9.9 shall also apply to the ENGINEER's Consultants, Project Representative, and assistants. • ARTICLE 10 -- CHANGES IN THE WORK • . BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT N0,08-22 GENERAL CONDITIONS-PAGE 31 . 12/10108 • • • • 10.1 General: a. Without invalidating the Agreement and without notice to any surety, the CITY may, at • any time or from time to time, order additions, deletions, or revisions in the Work; such • additions, deletions or revisions will'i be authorized by a written Change Order or a Work • Change Directive issued by the ENGINEER or the CITY. Upon receipt of any such • document, CONTRACTOR shall promptly proceed with the Work involved. . b. If the CITY and the CONTRACTOR are unable to agree as to the extent, if any, of an • adjustment in the Contract Price orian adjustment of the Contract Times that should be • allowed as a result of a Work Change Directive, a claim may be made therefor as • provided in Article 11 or Article 12. • c. The CONTRACTOR shall not be entitled to an increase in the Contract Price or an • extension of the Contract Times with respect to any Work performed that is not required • by the Contract Documents as amended, modified, and supplemented as provided in • Article 3.4 except in the case of an 'emergency as provided in paragraph 6.10e or in the case of uncovering Work as provided in paragraph 13.5b. • d. The CITY and the CONTRACTOR shall, except as otherwise provided, execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: • 1. Changes in the Work which care ordered by the CITY pursuant to paragraph • 10.1a; and • 2. Changes in the Contract Price or Contract Times which are agreed to by the • parties. • provided that, in lieu of executing any such Change Order, an appeal may be taken from • any such decision in accordance with the provisions of the Contract Documents and • applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry • on the Work and adhere to the progress schedule as provided in Article 6.13. Change • Orders or Work Change Directives,, issued in accordance with Section 10.1d (1) above are not required to be executed by the CONTRACTOR unless payment is to be per • Section 11.1 c (2) herein. e. If notice of any change affecting the general scope of the Work or the provisions Of the Contract Documents (including, but',not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such • notice will be the CONTRACTOR's responsibility, and the amount of each applicable • Bond shall be adjusted accordingly. • 10.2 Allowable Quantity Variations on Unit Price Contracts: • In the event of an increase or decrease in a bid item quantity of a unit price contract, the • total amount of work actually done or materials or equipment furnished shall be paid for • according to the unit price established for such work under the Contract Documents, BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 32 12/10/08 • • • • 0 wherever such unit price has been established; provided, that an adjustment in the . Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. • 10.3 Increases of More Than 25 Percent on Unit Price Contracts; 0 a. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the ENGINEER's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract . Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the CITY, payment for the work involved in such excess Will be made on the basis of force account _ as provided in Article 11. b. Such adjustment of the Contract Unit Price will be the difference between the Contract 0 Unit Price and the actual unit cost, which.will be determined as hereinafter provided, of 0 the total pay quantity of the item. If the costs applicable to such item of work include fixed • costs, such fixed costs shall be deemed to have been recovered by the CONTRACTOR . by the payments made for 125 percent of the ENGINEER's Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11, herein, or such adjustment will be as agreed to by the 0. CONTRACTOR and the CITY. c- When the compensation payable for the number of units of an item of work performed • in excess of 125 percent of the ENGINEER's Estimate is less than $5,000 at the applicable Contract Unit Price, the ENGINEER reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the CONTRACTOR. 10.4 Decreases of More Than 25 Percent on Unit Price Contracts: a. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the ENGINEER's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of 0 said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as 0 hereinafter provided, or at the option of the ENGINEER, payment for the quantity of the work of such item performed will be made on the basis•of force account as provided in Article 11, herein; provided however, that in no case shall the payment far such work be less than that which would be made at the Contract Unit Price. • b- Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the 0 total pay quantity of the item, including fixed casts. Such actual unit cost will be BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO,08-22 GENERAL CONDITIONS-PAGE 33 • 12/10108 0 it • determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11; or such adjustment will be as agreed to by . the CONTRACTOR and the CITY. C. The payment for the total pay quantity of such item of work will in no case exceed the payment which would) be made for the performance of 75 percent of the ENGINEER's • Estimate of the quantity for such item, at the original Contract Unit Price_ . 10.5 Eliminated Items on Unit Price Contracts: a. On. unit price contracts, should ,any contract item of the-Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made: to the CONTRACTOR for actual casts incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the ENGINEER of such elimination. b. If acceptable material is ordered by the CONTRACTOR for the eliminated item prior to the date of notification of such elimination by the ENGINEER, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the CONTRACTOR. In such case, the material paid for shall become the property of the CITY and the actual cost . of any further handling will be paid for by the CITY. If the material is returnable to the vendor and if the ENGINEER so directs the CONTRACTOR, the material shall be returned and the CONTRACTOR will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be . paid for. c. The actual costs or charges to be paid by the CITY to the CONTRACTOR as provided in this Article 10 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Article 11, • ARTICLE 11 -- CHANGE OF CONTRACT PRICE 11.1 General: a. The Contract Price constitutes the total compensation (subject to CITY-authorized adjOstments) payable to the CONTRACTOR for performing the Work_ All duties, responsibilities, and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without change in the Contract Price. b. The Contract Price may only be changed by a Change Order. Any claim for an increase Or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no • event later than 30 days) after the ;occurrence of the event giving rise to the claim and . stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed . covers all known amounts (direct, indirect, and consequential) to which the claimant is BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO-08-22 GENERAL.CONDITIONS'PAGE 34 . 12/10/08 • • • • • entitled as a result of the occurrence of said event. All claims for adjustment in the • Contract Price shall be determined by the ENGINEER in accordance with Article 9.7, herein, if the CITY and the CONTRACTOR cannot otherwise agree on the amount • involved. No claim for an adjustment in the Contract Price will be valid if not submitted in • accordance with this paragraph 11.1 b. c. The value of any Work covered by a Change Order or Work Change Directive or of any claim for an increase or decrease in the Contract Price shall be determined in one of • the following ways- 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. • • 2. By mutual acceptance of a lump sum (which may include an allowance for • overhead and profit not necessarily in accordance with Article 11.4, herein. • 3. On the basis of the Cost of the Work (determined as provided in Articles 11.2 and • 11.3, herein), plus the CONTRACTOR's Fee for overhead and profit (determined • as provided in Article 11.4, herein). • 11.2 Cost of Work (Based on Time, Materials, and Equipment and CONTRACTOR's • Overhead and Profit): • • a. General: The term "Cost of Work" shall mean the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment plus • CONTRACTOR's overhead, and profit in the proper performance of work_ Except as • otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no • higher than those prevailing in the locality of the Project. b. Labor: The cost of labor used in performing work by the CONTRACTOR, a • subcontractor, or other forces will be the sum of the following: 1. The actual wages paid plus any employer payments to, or on behalf-of workers for fringe benefits including health and welfare, pension, vacation, and similar • purposes. The cost of labor may include the wages paid to foremen when . • determined by the ENGINEER that the services of foremen do not constitute a part • of the overhead allowance as defined in Article 11.4, herein- 2- To the actual wages, as defined in paragraph 11.2b(1), herein, will be added 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 hereby included as a part of these General Conditions by this reference thereto. 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 workers, other than actual wages • as defined in paragraph 11.2b(1), herein, and subsistence and travel allowance as • specified in paragraph 11.2b(3), herein. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.03-22 _ GENERAL CONDITIONS-PAGE 35 • 12/10/08 • • • • 3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance,with the regular practice of the employee-. . At the beginning of the extra work and as later requested by the ENGINEER, the CONTRACTOR shall furnish the ENGINEER proof of labor compensation rates being paid. c. Materials: The cost of materials used in performing work will be the cost to the purchaser, whether CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable: 1- Trade discounts. available to the purchaser shall be credited to the CITY notwithstanding i the fact that, such discounts may not have been taken by the CONTRACTOR. 2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the ENGINEER. Markup except for actual costs incurred in the handling of such materials will not be allowed. 3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price',is lower. 4. If in the opinion of the ENGINEER the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work site less trade discount. The CITY • reserves the right to furnish materials for the extra work and no claim shall be made by the CONTRACTOR for costs, overhead, and profit on such materials. d. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental • rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under the CONTRACTOR's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the CITY for the total period of use- If it is deemed necessary by the CONTRACTOR to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. . 1. All equipment shall, in the opinion of the ENGINEER, be in good working condition and suitable for the purpose for which the equipment is to be used. 2. Before construction equipment is used on the extra work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 36 12/10108 i • • • • • and shall furnish to the. ENGINEER, in duplicate, a description of the equipment and its identifying number. • 3. Unless otherwise specified, manufacturer's ratings and manufacturer approved • modifications shall be used to classify equipment for the determination of • applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. • • 4. Individual pieces of equipment or tools having a replacement value of$200 or less, • whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor_ • • 5. Rental time will not be allowed while equipment is inoperative due to breakdowns. e. Equipment on the Work: The rental time to be paid for equipment on the work shall • be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of • the extra work and retum.it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not • be paid if the equipment is used on other than the extra work, even though located at the • site of the extra work_ Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no • payment will be made for loading and transporting costs when-the equipment is used at the site of the extra work on other than the extra work. The following shall be used in • computing the rental time of equipment on the work. • • 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 112-hour of operation, and any part of an hour greater • than 30 minutes will be considered one hour of operation. • • 2. When daily rates are listed, any part of a day less than 4 hours operation shall be • considered to be 1/2-day of operation. • 3. When owner-operated equipment is used to perform extra work to be paid for on a • time and materials basis, the CONTRACTOR will be paid for the equipment and • operator, as set forth in Subparagraphs (4), (5), and (6), following: • 4. Payment for the equipment will be made in accordance with the provisions in paragraph 112d, herein. 5. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment • already on the Work, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, • whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with • the provisions of paragraph 11.2b, herein, which surcharge shall constitute full • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 37 12/10/08 • II i compensation for payments imposed by state and federal laws and all other payments made to on behalf of workers other than actual wages. . 6. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Article 11-4, herein. 11.3 Special Services: a. Special work or services are defined as that work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which • are unique to the construction industry- The following may be considered by the ENGINEER in making estimates for payment for special services: 1. When the ENGINEER and the CONTRACTOR, by agreement, determine that a • special service or work is required which cannot be performed by the forces of the . CONTRACTOR or those of any of its subcontractors, the special service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the ENGINEER, invoices for special services,, or work based upon the current fair market value . thereof may be accepted without complete itemization of labor, material, and equipment rental costs. I � 2. When the CONTRACTOR is required to perform work necessitating special . fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the work performed at the off-site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization. 3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and 'profit specified in Article 11.4, herein, an allowance of 41 5 percent will be added to invoices for special services. • b. All work performed hereunder shall be subject to all of the provisions of the Contract 0 Documents and the CONTRACTOR's sureties shall be bound with reference thereto as under the original Agreement. (Copies of all amendments to surety bonds or • supplemental surety bonds shall be submitted to the CITY for review prior to the . performance of any work hereunder., 11.4 Contractor's Overhead and Profit: a. Work ordered on the basis of'I time and materials will be paid for at the actual necessary cost as determined by the ENGINEER, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The . allowance for overhead and profit shall include full compensation for superintendence, . bond and insurance premiums, taxes, office expense, and all other items of expense or BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO,08-22 GENERAL CONDITIONS-PAGE$8 . 12/10/03 • • cost not included in the cost of labor, materials, or equipment provided for under . Paragraphs 11.2b, c, and d, herein including extended overhead and home office overhead. The allowance for overhead and profit will be made in accordance with the • following schedule: • • ACTUAL OVERHEAD NECESSARY AND PROFIT • COST ALLOWANCE Labor 24 percent + Materials 15 percent Equipment 15 percent • • b. It is understood that labor, materials, and equipment may be furnished by the • CONTRACTOR or by the subcontractor on behalf of the CONTRACTOR. When all or any part of the extra work is performed by a subcontractor, the allowance specified herein • shall be applied to the labor, materials, and equipment costs of the subcontractor, to which the CONTRACTOR may add 5 percent of the subcontractors total cost for the • extra work. Regardless of the number of hierarchical tiers of subcontractors, the • 5-percent increase above the subcontractor's total cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate work • transaction. No markup allowance will be made for sub-sub-contractors or below. • . 11.5 Records: • a. The CONTRACTOR shall maintain its records in such a manner as to provide a clear distinction between the direct costs of each separate item of extra work, disputed work, • emergency work, or other work paid for on a Cost of Work basis and the costs of other • operations. • b. From the foregoing records, the CONTRACTOR shall furnish the ENGINEER • completed Daily Work Reports, on forms furnished by the CITY, for each day's work or • portion of each day's work to be paid for on a Cost of Work basis. The Daily Work Reports shall itemize the materials used, and shall cover the direct cost of labor and the • charges for equipment rental, whether furnished by the CONTRACTOR, subcontractor, or • other forces, except for charges described in Article 11.3, "Special Services." The Daily Work Reports shall provide names or identifications and classifications of all workmen, . the hourly rate of pay and hours worked by each, and also the size, type, and identification number of equipment, and the hours operated. • • c. Material charges shall be substantiated by valid copies of vendor's invoices. Such . invoices shall be submitted with the Daily Work Reports, or if not available, they shall be submitted with subsequent Daily Work Reports. Should said vendor's invoices not be • submitted within 60 days after the date of delivery of the material or within 15 days after the acceptance of the Contract, whichever occurs first, the CITY reserves the right to . establish the cost of such materials at the lowest current wholesale prices at which said materials-were available in the quantities concerned delivered to the location of work less • any discounts as provided in paragraph 11.2c, herein. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 39 12/10/08 • • I d. Said Daily Work Reports shall be signed by the CONTRACTOR or its authorized . representative. . e. The ENGINEER will compare his or her records with the completed Daily Work Reports furnished by the CONTRACTOR and make any necessary adjustments. When these Daily Work Reports are agreed upon and signed by both parties, said reports shall • become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by theCITY. f. The CONTRACTOR's cost records pertaining to work paid for on a Cost of Work basis shall be open to inspection or audit by representatives of the CITY, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the CONTRACTOR shall retain such records for that period. Where payment or labor is based on the cost thereof to forces other than the CONTRACTOR, the . CONTRACTOR shall make every reasonable effort to insure that the cost records of such • other forces will be open to inspection and audit by representatives of the CITY on the same terms and condiitions as the cost records of the CONTRACTOR. If an audit is to be commenced more than 60 days ' after the acceptance date of the contract, the CONTRACTOR will be given a reasonable notice of the time when such audit is to begin. • ARTICLE 12 -- CHANGE OR CONTRACT TIMES 12.1 General: a. The Contract Times may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event later than 30 days) after the occurrence of the . event giving rise to the claim and stating the general nature of the Claim_ Notice of the extent of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more • accurate data in support of the claim) and shall be accompanied by the claimant's written . statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times shall be determined by the ENGINEER in accordance with Article 9.8 if the CITY and the CONTRACTOR cannot otherwise agree- No claim for . an adjustment in the Contract Times will be valid if not submitted in accordance with the requirements of this Article 12.1_ r b. All time limits stated in the Contract Documents are of the essence of the Agreement- c. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such � delay if a claim is made therefor as provided in Article 12-1. Delays beyond the control of . the CONTRACTOR shall include, but not be limited to, acts or neglect by the CITY, acts BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO-08.22 GENERAL CONDITIONS-PAGE 40 12M O/08 • • • • or neglect of utility owners or other contractors performing other work as contemplated by . Article 7, herein, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight embargoes. Delays • attributable to and within the control of a Subcontractor or Supplier shall be deemed to be • delays within the control of the CONTRACTOR. • d. Where the CONTRACTOR is prevented from completing any part of the Work within • the Contract Times due to delay beyond the control of both the CITY and the • CONTRACTOR, an extension of the Contract Times in an amount equal to the time lost • due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such • delay. In no event shall the CITY be liable to the CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of • any of them, for damages arising out of or resulting from (i) delays caused by or within the • control of the CONTRACTOR, or (ii) delays beyond the control of both parties including • but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work. • • • ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; • CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK • 13.1 Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY and the ENGINEER that all work will be in accordance with the Contract Documents and will not be defective. Neither • the right to inspect, nor the presence of inspectors, the ENGINEER, consultants, or • testing agencies hired by the CITY or the ENGINEER, nor their general review or • approval shall relieve the CONTRACTOR from its obligations to perform the WORK in • accordance with the Contract Documents. All defective WORK, whether or not in place. • 13.2 Notice of Defects: • Prompt notice of all defective Work of which the CITY or the ENGINEER have actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected, • corrected, or accepted as provided in this Article 13. • • 13.3 Access to the WORK: • The CITY, the ENGINEER the ENGINEER's Consultants, other representatives and • personnel of the CITY and the ENGINEER, independent testing laboratories and • governmental agencies with jurisdictional interests shall have access to the WORK at . reasonable times for their observation, inspecting, and testing. The CONTRACTOR shall provide them with proper and safe conditions for such access and advise them of the • CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable.. 13.4 Tests and Inspections: • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 41 i 12/10/08 • i a. The CONTRACTOR shall give 'the ENGINEER timely notice of readiness of the WORK for all required inspections, tests or approvals, but in no event less than 24 hours • notice. The CONTRACTOR shall cooperate with inspection and testing personnel to facilitate required inspections or tests. b. The CITY will employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: . 1. for inspections, tests or approvals covered by paragraph 13.4c below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.5b below shall be paid as provided in said paragraph 13.5b; and 3. as otherwise specifically provided in the Contract Documents. C. If taws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection • therewith, and furnish the ENGINEER the required certificates of inspection, or approval . The CONTRACTOR shall also be responsible for arranging and obtaining-and shall pay all costs in connection with any inspections, tests or approvals required for the CITY's and the ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials,- mix; designs, or equipment submitted for approval prior to the . CONTRACTOR's purchase thereof for incorporation in the WORK d- If any Work (or the work of others) that is to be inspected, tested, or approved is covered by the CONTRACTOR without written concurrence of the ENGINEER, it shall, if • requested by the ENGINEER, be uncovered for observation. . e- Uncovering Work as provided in paragraph 13.4d shall be at the CONTRACTOR's expense unless the CONTRACTOR has given the ENGINEER timely notice of the CONTRACTOR's intention to cover the same and the ENGINEER has not acted with . reasonable promptness in response Ito such notice. 13.5 Uncovering Work: a. If any WORK is covered contrary to the written request of the ENGINEER, it shall , if requested by the ENGINEER, be', uncovered for the ENGINEER's observation and replaced at the CONTRACTOR's expense. b. If the ENGINEER considers it necessary or advisable that covered Work be observed by the ENGINEER or inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing, as the ENGINEER may require, that portion of the WORK in question, and shall furnish all necessary labor, material, and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT + CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 42 12/10/08 • • • • . observation, inspection, and testing and of satisfactory replacement or reconstruction, • including but not limited to all costs of repair or replacement of work of others); and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties • are unable to agree as to the amount thereof, may make a claim therefor as provided in • Article 11. c. The CONTRACTOR shall permit on-site video taping, still photography, or motion • picture photography of the construction project. The CITY will notify the CONTRACTOR • prior to the commencement of any video taping and/or photography by the CITY . personnel and/or its agents and shall make a reasonable effort to give the CONTRACTOR at least 24 hours of its intent to video tape or photograph the project. The • CONTRACTOR shall cooperate with and shall coordinate with CITY personnel or their • authorized representatives in its efforts to carry out such video taping and/or photography. • The CONTRACTOR shall give notice to all employees and subcontractors of such video • taping and/or photography to be out of view of the camera, if requested to do so, during video taping and or photographing of the construction project. • • 13.6 CITY May Stop the WORK: • If the WORK is defective, or the CONTRACTOR fails to supply sufficient skilled workers • or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed WORK will conform to the Contract Documents, the CITY, acting • independently or through the Project Representative, may order the CONTRACTOR to • stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the WORK shall not give rise to any • duty on the part of the CITY to exercise this right for the benefit of the CONTRACTOR or • any surety or other party. • 13.7 Correction or Removal of Defective WORK: • • If required by the ENGINEER, acting directly or through the Project Representative, the • CONTRACTOR shall promptly, as directed, either correct all defective WORK, whether or • not fabricated, installed or completed, or, if the WORK has been rejected by the ENGINEER, the CONTRACTOR shall remove it from the site and replace it with Work • that is not defective. The CONTRACTOR shall pay all claims, costs, losses, and • damages caused by or resulting from such correction or removal (including but not limited • to all costs of repair or replacement of the Work of others). • 13.8 Correction Period: • • a. If within one year after the date of Substantial Completion or such longer period of • time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the • Contract Documents, any WORK is found to be defective, the CONTRACTOR shall • promptly, without cost to the CITY and in accordance with the CITY's written instructions: • (i) correct such defective WORK, or, if it has been rejected by the CITY, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or • remove and replace any damage to other Work_ or the work of others resulting therefrom. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 43 • 12/10/08 1 • I • I • • If the CONTRACTOR does not promptly comply with the terms of such instructions, or in • an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective WORK corrected or.the rejected WORK removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of • others)will be paid by the-CONTRACTOR. b. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the WORK, the correction period for that item • may start to run from an earlier date if so provided in the Contract Documents. c. Where defective 'Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Article 13.8, the correction period hereunder • with respect to such Work will be extended for an additional period of one year after such • correction or removal and replacement has been satisfactorily completed. d. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall provide a post-construction, correction and repair Performance • Bond in the amount of 100 percent of the Contract Price to cover all correction and repairs or other corrective work required hereunder, and shall maintain such Bond in full force and effect for one full year following the Notice of Completion. 13.9 Acceptance of Defective WORK: I If, instead of requiring correction or removal and replacement of defective Work, the CITY (and, prior to the ENGINEER'S recommendation of final payment, also the ENGINEER) prefers to accept it, the CITY may do so. The CONTRACTOR shall pay all claims, costs, • losses and damages ,attributable to.,the CITY's evaluation of and determination to accept such defective WORK (such costs'to be subject to approval by the ENGINEER as to reasonableness). If any such acceptance occurs prior to the ENGINEER's recommendation of final payment,'I a Change Order will be issued incorporating the • necessary revisions in the Contract Documents with respect to the WORK; and the CITY • shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article '11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by the CONTRACTOR to the CITY. • 13,10 The CITY May Correct Defective Work: If the CONTRACTOR fails within' a reasonable time after written notice from the • ENGINEER to correct defective Work or to remove and replace rejected Work as . required by the ENGINEER in accordance with Article 13.7, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, CITY may, after 7 days' written notice to' the CONTRACTOR, correct and remedy any such . deficiency. In exercising the rights band remedies under this paragraph the CITY shall proceed expeditiously. In connection with such corrective and remedial action, the CITY BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT N0,08-22 GENERAL CONDITIONS-PAGE 44 12/10/08 • • • • • • may exclude the CONTRACTOR from all or part of the site, take possession of all or part • of the Work, and suspend the CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances, construction equipment and machinery at the • site and incorporate in the Work all materials and equipment stored at the site or for • which the CITY has paid the CONTRACTOR but which are stored elsewhere. The • CONTRACTOR shall allow the CITY, the CITY's representatives, agents and employees, the CITY's other contractors and the ENGINEER and the ENGINEER's Consultants • access to the site to enable the CITY to exercise the rights and remedies under this • paragraph. All claims, costs, losses and damages incurred or sustained by the CITY in • exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will .be issued incorporating the necessary revisions in the Contract • Documents with respect-to-the Work; and the CITY shall be entitled to an appropriate • decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. Such claims, • costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or • replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be • allowed an extension of the Contract Times because of any delay in the performance of • the Work attributable to the exercise by the CITY of the CITY's rights and remedies hereunder. • • ARTICLE 14 -- PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.1 Schedule of Values (Lump-Sum Price Breakdown): • • The schedule of values or lump-sum price breakdown established as provided for in the • Contract Documents shall will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the ENGINEER. • • 14.2 Unit Price Bid Schedule: Progress payments on account of Unit Price Work will be based on the number of units completed. • • 14.3 Application for Progress Payment: a. Unless otherwise prescribed by law, on a prearranged date each month, the CONTRACTOR shall submit to the ENGINEER -for review, through the Project • Representative, an Application for Payment filled out and signed by the CONTRACTOR • covering the WORK completed as of the date of the Application and accompanied by • such supporting documentation as is required by the Contract Documents. • b_ The Application for Payment shall identify, as a sub-total, the amount of the • CONTRACTOR's Total Earnings to Date, plus the Value of Materials at the site which • have not yet been incorporated into the WORK, and less a deductive adjustment for materials installed which were not previously incorporated into the WORK, but for which • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 45 • 12/10/08 • it • i Payment was allowed under the provisions for payment for Materials Stored at the Site, • but not yet incorporated in the WORK. c. The Net Payment Due to the CONTRACTOR shall be the above-mentioned sub-total from which shall be deducted the amount of retainage specified in the Contract • Documents, and the total amount of all previous payments made to the CONTRACTOR. • All CONTRACTOR payment requests must be accompanied by Conditional Waiver and Release certificates from the CONTRACTOR and all subcontractors and suppliers for whom payment is requested. d. Except as otherwise provided in'the Supplementary General Conditions, the value of Materials Stored at the Site shall be amount equal.to the specified percentage of value of such materials as set forth in the Supplementary General Conditions. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated . in the WORK but delivered and suitably stored at the site; provided, that each such • individual item of material or equipment has a value of more than $5000 and will become a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all Stop Notice claims, charges, • security interests, and other encumbrances. and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which must be satisfactory to the CITY. 14.4 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all WORK, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of final payment free and clear of all • Stop Notice claims_ • 14.5 Review of Applications for Progress Payments: a. Upon receipt of each application for payment, the ENGINEER will either indicate in writing a recommendation of payment and present the Application to the CITY , or return the Application to the CONTRACTOR indicating in writing the ENGINEER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and promptly resubmit the Application. Thirty-five days after i presentation of the Application for Payment to the CITY with the ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.5b) become due and when due will be paid by the CITY to the CONTRACTOR. b. The ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by the ENGINEER to the CITY, based on the ENGINEER's on-site observations'I of the executed WORK as an experienced and qualified design professional and on the ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of the ENGINEER'S knowledge, information and belief the WORK has progressed to the point indicated; the quality of the WORK is generally in accordance with the Contract Documents; and the BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 46 12110/08 • • • • conditions precedent to the CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is the ENGINEER's responsibility to observe the WORK. • • c. The ENGINEER's recommendation of any payment, including final payment, shall not • mean that the ENGINEER is responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws • and Regulations applicable to the furnishing or performance of WORK, or for any failure of the CONTRACTOR to perform or furnish WORK in accordance with the Contract . Documents. • d. The ENGINEER may refuse to recommend the whole or any part of any payment if, in the ENGINEER's opinion, subsequently discovered evidence or the results of subsequent • inspections or tests, nullify any such payment previously recommended, to such extent as • may be necessary in the ENGINEER's opinion to protect the CITY from loss because: 1_ the WORK is defective, or completed WORK has been damaged requiring correction or replacement, 2. the Contract Price has been reduced by Written Amendment or Change Order, • • 3. CITY has been required to correct defective WORK or complete WORK in • accordance with Article 13.10, or • 4. The ENGINEER has actual knowledge of the occurrence of any of the events • enumerated in paragraphs 15.2a.2 through 15.2a.5, inclusive. e. The CITY may refuse to make payment of the full amount recommended by the ENGINEER because: 5, claims have been made against the CITY on account of the CONTRACTOR's . performance of the WORK or Stop Notices that have been filed pursuant to the provisions of Section 3179 et seq. of the California Civil Code • 6. Stop Notices have been filed in connection with the WORK, except where the • CONTRACTOR has delivered a Stop Notice Release Bond satisfactory to the CITY to secure the satisfaction and discharge of such Liens, 7. there are other items entitling the CITY to a credit against the amount recommended, as provided in paragraph 14.11c, herein, or • 8. the CITY has actual knowledge of the occurrence of any of the events enumerated • in paragraphs 14.5d.1 through 14.5d.3 or paragraphs 15.2a.2 through 15.2a.5, • inclusive; f. The CITY must give the CONTRACTOR written notice within 5 days (with a copy to • the ENGINEER) stating the reasons for such action and promptly pay the • CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the CITY • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 47 • 12/10108 • • • and the CONTRACTOR, when the CONTRACTOR corrects to the CITY's satisfaction the • reasons. 14.6 Beneficial Use or Occupancy and Partial Utilization: • • a. Partial Utilization: The CITY shall have the right to utilize or place into service any item • of equipment or other usable portion of the WORK prior to completion of the WORK_ • Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified in writing by the CITY, identifying the, specific portion or portions of the WORK to be so • utilized or otherwise placed into service. • b. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and, maintenance of all items or portions of the WORK to • be partially utilized shall be borne by the CONTRACTOR. Upon issuance of said written • notice of partial utilization, the CITY will accept responsibility for the protection and • maintenance of all such items or portions of the WORK described in the written notice. • c_ Beneficial Use or Occupancy: 'The CITY shall have the right, at its option and • convenience, to occupy or otherwise make use of all or any part of the project premises at • any time prior to substantial completion, upon 14 days written notice to the • CONTRACTOR. Beneficial occupancy or use shall be subject to the following conditions: 1. The CITY shall use its best efforts to prevent occupancy from interfering with the • conduct of the CONTRACTOR's remaining work; • 2. The CONTRACTOR shall not be required to repair damage to the premises if the • same was caused by the CITY's occupancy or use; • 3. The one-year correction period for those portions of the premises occupied and equipment used by the CITY shall start as of the date of actual occupancy or use; • 4. Occupancy or use shall not constitute acceptance by the CITY either of the • completed work or any portion thereof, nor will it relieve the CONTRACTOR"from • full responsibility for correcting defective work or materials found before completion and acceptance of all the work during the period specified in Article 13.8, herein; • 5. Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial Completion/Notice of Completion or a Cessation of Labor; • 6. There shall be no added cost to the CITY due to pre-completion occupancy or use; • 7_ The CONTRACTOR and its surety shall execute a "No Change in Price" Change Order prepared pursuant to this Article 14.5; 8. Effective 12:01 am, standard time at the project site at the date of beneficial occupancy or use stipulated in the Change Order, the CONTRACTOR shall be released from the obligations of maintaining fire and extended coverage insurance covering those portions of the, premises occupied by the CITY,pursuant to this BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT - . CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 48 12/10/08 • • • • • • . Article 14, but shall maintain all other insurance required by the Contract in full force and effect. The CITY shall obtain fire and extended coverage insurance or • maintain equivalent self-insurance covering those portions of the premises occupied or used pursuant to this Article 14.6. 14.7 Substantial Completion: • a. When the CONTRACTOR considers the entire Work ready for its intended use the CONTRACTOR shall notify the CITY and the ENGINEER in writing, through the Project • Representative, that the entire Work is substantially complete (except for items • specifically listed by the CONTRACTOR as incomplete) and request that the ENGINEER issue a Notice of Completion/Substantial Completion. Within a reasonable time • thereafter, the CITY, the CONTRACTOR, and the ENGINEER shall make an inspection • of the WORK to determine the status of completion. If the Project Representative and/or • the ENGINEER does not consider the WORK substantially complete, the ENGINEER, through the Project Representative will notify the CONTRACTOR in writing, giving the • reasons therefor. Upon recommendation of the Project Representative, if the ENGINEER • considers the WORK substantially complete, the ENGINEER will prepare and deliver to ' the CITY for its execution and recordation the Notice of Substantial Completion/Notice of Completion signed by the CITY, the ENGINEER, and the CONTRACTOR, which shall fix • the date of Completion. As applicable, there shall be attached to the Notice a list of items • to be completed or corrected before release of retainage or funds withheld to secure payment for such items remaining to be completed or corrected. At the time of delivery of • the tentative Notice of Substantial Completion the ENGINEER will deliver to the CITY and the CONTRACTOR a written recommendation as to division of responsibilities pending • final payment between the CITY and the CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. • Unless the CITY and the CONTRACTOR agree otherwise in writing and so inform the ENGINEER in writing prior to the ENGINEER's issuing the-definitive Notice of Substantial • Completion, the ENGINEER's aforesaid recommendation will be binding on the CITY and • the CONTRACTOR until final payment. . b. Completion shall mean Substantial completion, which shall mean substantial performance of the Contract as defined in Black's Law Dictionary 4th Edition, by West • Publishing Co., St. Paul Minn., See definition of "Completion" and "Substantial Completion" in Article 1, herein. • c. The CITY shall have the right to exclude the CONTRACTOR from the Work after the • date of Substantial Completion, but the CITY shall allow the CONTRACTOR reasonable access to complete or correct items an the tentative list. 14.8 Partial Utilization: • Use by the CITY at the CITY's option of any substantially completed part of the Work • which: (i) has specifically been identified in the Contract Documents, or (ii) the CITY, the ENGINEER and the CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY for its intended purpose without • significant interference with the CONTRACTOR's performance of the remainder of the BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 49 • 12/10/08 • s ' s Work, may be accomplished prior to, Substantial Completion of all the Work subject to the following: s 1. The CITY at any time may request the CONTRACTOR in writing to permit the CITY to use any such part of'the Work which the CITY believes to be ready for its • intended use and substantially complete. If the CONTRACTOR agrees that such . part of the Work is substantially complete, the CONTRACTOR will certify to the CITY and the ENGINEER that such part of the Work is substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. The CONTRACTOR at any time may notify the CITY and the • ENGINEER in writing that the CONTRACTOR considers any such part of the • Work ready for its intended use and substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the CITY, the CONTRACTOR • and the ENGINEER shall make an inspection of that part of the Work to determine • its status of completion. If the ENGINEER does not consider that part of the Work to be substantially complete, the ENGINEER will notify the CITY and the • CONTRACTOR in writing giving the reasons therefor. If the ENGINEER considers • that part of the Work to be substantially complete, the provisions of Article 14.7 will • apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto_ • 2_ No occupancy or separate operation of part of the Work will be accomplished prior • to compliance with the requirements of Article 5.9 in respect of property insurance. • 14.9 Final Inspection; Upon written notice from the CONTRACTOR that the entire Work or an agreed portion . thereof is complete, the ENGINEER will make a final inspection with the CITY and the . CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is, incomplete or defective. The CONTRACTOR shall • immediately take such measures as are necessary to complete such Work or remedy • such deficiencies. • 14.10 Final Application for Payment: • After the CONTRACTOR has completed all such correction work referred to in Article • 14.7, herein, and delivered corrections to the satisfaction of the ENGINEER and delivered • in accordance with the Contract Documents or other evidence of insurance required by Article 5.4 , certificates of inspection, marked-up record documents (as provided in Article 6.11, and other documents, all as'required by the Contract Documents, and after the ENGINEER has indicated that the WORK is acceptable, the CONTRACTOR may make • application through the Project Representative for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, • including but not limited to the evidence of insurance required, (ii) consent of the surety, if . any, to final payment, and (III) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop Notices arising out of or filed in connection with the • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO. 08-22 GENERAL CONDITIONS-PAGE 50 12/10108 • • • • • • WORK. In lieu of such releases or waivers of Liens and as approved by CITY, the CONTRACTOR may furnish receipts or -releases in full and an affidavit of the • CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills • and other indebtedness connected with the WORK for which the CITY or the CITY's • property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, the • CONTRACTOR may furnish a Stop Notice Release Bond or other collateral satisfactory • to the CITY to indemnify the CITY against any Lien. • 14.11 Final Payment and Acceptance: • • a. Final payment is defined as the last progress payment made to the CONTRACTOR • for earned funds, less retainage or other withheld funds, as applicable, including the • deductions listed in paragraph 14.11c, herein. • b. If, on the basis of the ENGINEER's observation of the WORK during construction and • final inspection, and the ENGINEER's review of the final Application for Payment and • accompanying documentation, all as required by the Contract Documents, the ENGINEER is satisfied that the WORK has been substantially completed, and the • CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the • ENGINEER will, within 14 days after receipt of the final Application for Payment, indicate • in writing the ENGINEER's recommendation of payment and present the Application to . the CITY for payment. At the same time the ENGINEER will also give written notice to the CITY and the CONTRACTOR that the WORK is acceptable subject to the provisions of Article 14,14. Otherwise, the ENGINEER will return the Application to the • CONTRACTOR, indicating in writing the reasons for refusing to recommend final • payment, in which case the CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to the CITY of the Application • and accompanying documentation, in appropriate form and substance and with the • ENGINEER's recommendation and notice of acceptability,.the amount recommended by • the ENGINEER will become due and payable to the CONTRACTOR. c. After acceptance of the WORK by the CITY's governing body, the CITY will make final • payment to the CONTRACTOR of the amount remaining after deducting all prior • payments and all amounts to be kept or retained under the provisions of the Contract • Documents, including the following items: • 1. Retainage of not less than 5 percent of the contract price, subject to the provisions • of Public,ContractCode Section 22300. • • 2, Liquidated damages, as applicable. • 3. One and one-half times the value of outstanding items of correction work or punch • list items indicated on the Notice of Completion as being yet uncompleted or • uncorrected, as applicable. All such work shall be completed or corrected to the . satisfaction of the CITY within the time stated on the Notice of Substantial Completion/Notice of Completion, otherwise the CONTRACTOR does hereby • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 51 • 12/10/08 • i • i Waive any and all claims to all monies withheld by the CITY to cover the value of all i such uncompleted or uncorrected items. . 14.12 Release of Retannage and Other Deductions: a. After executing and recording a Notice of Completion, and not less than 35 days i thereafter, the CITY will authorize the release to the CONTRACTOR of the retainage funds or securities withheld pursuant to the Agreement, less any deductions to cover i pending claims against the CITY pursuant to paragraph 14.5b, herein. b. During said Stop Notice filing period, the CONTRACTOR shall have 30 days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Notice of Substantial Completion/Notice of Completion. Upon expiration of the 35 days referred to in paragraph i 14.12a, the amounts withheld pursuant to the provisions of paragraph 14.11c, herein, for i all remaining work items will be returned to the CONTRACTOR; provided, that said work has been completed or corrected to the satisfaction of the CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies i withheld by the CITY under the Contract to cover 1.5 times the value of such remaining • uncompleted or uncorrected items. i c. If, through no fault of the CONTRACTOR, final completion of the WORK is significantly delayed and if the ENGINEER so confirms, the CITY will, upon receipt of the CONTRACTOR's final Application for Payment and recommendation of the ENGINEER, i and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by the i CITY for WORK not fully completed or corrected is less than the retainage .stipulated in � the Agreement, and if Bonds have been furnished as required in Article 5.1, the written i consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by the CONTRACTOR to the i ENGINEER with the Application forlsuch payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a i waiver of claims. • 14.13 CONTRACTOR's Continuing Obligation: i The CONTRACTOR's obligation to perform and complete the WORK in accordance with i the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Notice of Substantial i Completion/Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Contract Documents, no any use or occupancy of the WORK or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the WORK in accordance with the Contract i Documents. i 14.14 Waiver of Claims: BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT i CITY PROJECT NO.U8.22 GENERAL CONDITIONS-PAGE 52 12/10/08 i • ! • • a. The acceptance by the CONTRACTOR of the final payment referred to in Article 14.11, herein, shall be a release of the CITY and its agents from all claims of liability to ! the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for • any act or neglect of the CITY or of any person relating to or affecting the WORK, except ! demands made against the CITY for the remainder, if any, of the amounts kept or retained under the provisions of Article 14.11, herein; and excepting all pending, • unresolved claims filed prior to the date of the Notice of Substantial Completion/ Notice of ! Completion Sb. The making and acceptance of final payment shall constitute: • 1. a waiver of all claims by the CITY against the CONTRACTOR, except claims . arising from unsettled Liens, from defective WORK appearing after final inspection ! pursuant to Article 14.9, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from the CONTRACTOR's ! continuing obligations under the Contract Documents; and ! ! 2. a waiver of all claims by the CONTRACTOR against the CITY other than those previously made in writing and still unsettled. ! • ! ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION • 15.1 Suspension of WORK by the CITY: • At any time and without cause, the CITY may suspend the WORK or any portion thereof • for a period of not.more than 90 ninety days by notice in writing to the CONTRACTOR. . The CONTRACTOR and the ENGINEER will fix the date on which Work will be resumed. The CONTRACTOR shall resume the WORK on receipt from the Project Representative ! of a Notice of Resumption of WORK- The CONTRACTOR shall be allowed an ! adjustment in the Contract Price or an extension of the Contract Times, or both, directly ! attributable to any such suspension if the CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. • • 15.2 Termination of Agreement by the CITY(CONTRACTOR Default): ! a. In the event of default by the CONTRACTOR, the CITY may give 10 days written • notice to the CONTRACTOR of the CITY's intent to terminate the Agreement and provide • the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR upon the occurrence of one or more ! of the following events: • 1. If the CONTRACTOR becomes insolvent, or assigns its assets for the benefit of its creditors; • 2. If the CONTRACTOR persistently fails to perform the Work in accordance with the • Contract Documents (including, but not limited to, failure to supply sufficient skilled . BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 53 12/10/08 • i i i i workers or suitable materials or equipment or failure to adhere to the progress . schedule established under Article 2.8 as adjusted from time to time pursuant to • Article 6.3 i 3. If the CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; . 4. If the CONTRACTOR disregards the authority of the ENGINEER; 5. If the CONTRACTOR otherwise violates in any substantial way any provisions of • the Contract Documents; or 6. If the CONTRACTOR fails to prosecute the WORK according to the approved construction schedule; 7. If the CONTRACTOR fails ',to provide a qualified, full-time Superintendent or Project Manager at the site, competent workers, or materials or equipment meeting i the requirements of the Contract Documents. If the CONTRACTOR fails to remedy i the conditions constituting default within the time allowed, the CITY may then issue • the Notice of Termination. b. The CITY may, after giving the CONTRACTOR (and the surety) 7 days' written notice )♦ and to the extent permitted by Laws and Regulations, terminate the services of the i CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the . Work and of all of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the,same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), i incorporate in the Work all materials and equipment stored at the site or for which the • CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled i to receive any further payment until the Work is finished. If the unpaid balance of the i Contract Price exceeds all Claims, costs, losses and damages sustained by the CITY . arising out of or resulting from completing the Work such excess will be paid to the i CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, the CONTRACTOR shall pay the difference to the CITY. Such claims, costs, losses and damages incurred by the CITY will be reviewed by the ENGINEER as to their i reasonableness and when so approved by the ENGINEER incorporated in a Change . Order, provided that when exercising any rights or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the Work performed. i c. Where the CONTRACTOR's services have been so terminated by the CITY, the i 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 moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability, i 15.3 Termination of,Agreement by the CITY (For Convenience): . BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT i CITY PROJRCT NO,08-22 GENERAL CONDITIONS-PAGE 54 12/10/08 • • • • • • Upon 7 days' written notice to the CONTRACTOR, and the ENGINEER, the CITY may, without cause and without prejudice to any other right or remedy of the CITY, elect to • terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items) for the following: 1. For completed and acceptable Work executed in accordance with the procedure prescribed for the making of the final application for payment and payment under • Article 14.7, herein. Contract Documents prior to the effective date of termination, • including fair and reasonable sums for overhead and profit on such Work; • 2. For expenses sustained prior to the effective date of termination in performing • services and furnishing labor, materials or equipment as required by the Contract • Documents in connection with uncompleted Work, plus fair and reasonable sums • for overhead and profit on such expenses; • 3. For all claims, costs, losses and damages incurred in settlement of terminated • contracts with Subcontractors, Suppliers and others; and 4, For reasonable expenses directly attributable to termination. • The CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue . or other economic loss arising out of or resulting from such termination. • 15.4 Termination of Agreement by the CONTRACTOR: • The CONTRACTOR may terminate the Agreement upon 14 days written notice to the • CITY, whenever, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than 90 days by the CITY or under an order of court or other public • authority, or the ENGINEER fails to act on any Application for Payment within 30 days • after it is submitted, or the CITY fails for 30 days to pay the CONTRACTOR any sum • finally determined to be due, then the CONTRACTOR may, upon 7 days' written notice to the CITY and the ENGINEER, and provided that the CITY or the ENGINEER does not • remedy such suspension or failure within that time, terminate the Agreement and recover • from the CITY payment on the same terms as provided in Article 15.3. In lieu of • terminating the Agreement and without prejudice to any other right or remedy, if the • ENGINEER has failed to act on an Applicalion for Payment within 30 days after it is submitted, or the CITY has failed for 30 days to pay the CONTRACTOR any sum finally • determined to be due, the CONTRACTOR may upon 7 day's written notice to the CITY and the ENGINEER stop the Work until payment of all such amounts due to the • CONTRACTOR, including interest thereon. The provisions of this Article 15.4 are not intended to preclude the CONTRACTOR from making claim under Articles 11 and 12 for • an increase in Contract Price or Contract Times or otherwise for expenses or damage • directly attributable to the CONTRACTOR's stopping Work as permitted by this • paragraph. • • ARTICLE 16 -- DISPUTE RESOLUTION • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT N0,08-22 GENERAL CONDITIONS-PAGE 55 • 12/10/08 • i a. Any question about interpretation or clarification, disagreement, or claim that has been timely referred to the ENGINEER in accordance with Article 9.8, except any which have been waived by the making or accepting of final payment, shall upon timely demand of either party be subject to resolutionl, under the following provisions and the provisions of Article 18.18, herein. • b. No demand for arbitration or litigation may be made until the earlier of the following listed times: 1. The date on which the ENGINEER has issued a written decision as provided in paragraph 9.8ai_ 2. The sixty-first clay after the date of the ENGINEER's receipt of a claim or dispute, or for an adjustment of contract terms, or both, if a decision has not been issued . by that date. c. Pending a resolution of the claim or dispute, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the E=NGINEER's • decision unless the parties to this contract otherwise agree in writing. If and to the extent . that CITY and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall' be as set forth in Exhibit GC-A, "Dispute Resolution • Agreement," to be attached hereto and made a part hereof. If no such agreement on the . method and procedure for resolving,such disputes has been reached, and subject to the provisions of Articles 9.7 and 9.8, CITY and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respecll of any dispute. ARTICLE 17 -- MISCELLANEOUS 17.1 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if . delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2 Title to Materials Found on the WORK: • The CITY shall have the right to retain title to all soils, stone, sand, gravel, and other materials developed and Oobtained from excavations and other operations connected with the WORK. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any subcontractor shall have any right, title, or interest in or to any . BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT . CITY PROJECT NO,08.22 GENERAL CONDITIONS-PAGE 56 12/10/08 • • • • such materials. The CONTRACTOR will be permitted to use in the WORK, without charge, any such materials which meet the requirements of the Contract Documents- • • 17.3 Computation of Times: When any period of time is referred to in the Contract Documents by days, it will be • computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of . the applicable jurisdiction, such day will be omitted from the computation. A calendar day of 24 hours measured from midnight to the next midnight shall constitute • one day. . • 17.4 Right to Audit: • • If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY • shall have the right, as a condition to considering the claim, and as a basis for evaluation • of the claim, and until the claim has been settled, to audit the CONTRACTOR's books to • the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to • discover and verify all direct and indirect costs of whatever nature claimed to have been • incurred or anticipated to be incurred and for which the claim has been submitted. The • right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may have been engaged in the performance of the WORK- The • CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall . be exercisable through -such representatives as the CITY deems desirable during the • CONTRACTOR's normal business hours at the office of the CONTRACTOR. The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true • copies of requested records to the CITY- 17.5 Notice of Claim: • • Should CITY or CONTRACTOR suffer injury or damage to person or property because of • any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or • damage. The provisions of this Article 17.5 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.6 Cumulative Remedies: • • The duties and obligations imposed by these General Conditions and the rights and • remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by • Articles 6.5, 6.8, 6.13, 6.14, 13.2, 13.8, 13.10, 14.4 and 15.2 and all of the rights and remedies available to CITY and ENGINEER thereunder, are in addition to, and are not to BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 57 • 12/10/08 • • • be construed in any way'as a limitation of, any rights and remedies available to any or all • of them which are otherwise imposed or available by Laws or Regulations, by special • warranty or guarantee or by other provisions of the Contract Documents, and the • provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each'particular duty, obligation, right and remedy to which • they apply. • 17.7 Professional Fees and Court�Costs Included: • Whenever reference is made to "claims, costs, losses and damages," it shall include in . each case, but not be limited to, all',fees and charges of engineers, architects, attorneys • and other professionals and all court',or arbitration or other dispute resolution costs. • ARTICLE 18.0 -- CALIFORNIA STATE REQUIREMENTS ; 18.1 State Wage Determinations: • • a. As required by Sections 1770 and following, of the California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of • such prevailing rate OF per diem wages are on file at the office of the CITY, which copies • shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at,each job site. • b. The CONTRACTOR shall, as a penalty to the CITY, forfeit $50.00 for each calendar • day, or portion thereof, for each worker paid less than the prevailing rates as determined • by the Director for such work or craft in which such worker is employed for any public . work done under the contract by him or by any subcontractor under him. • 18.2 Workers' Compensation: a. In accordance with the provisions of Section 3700 of the California Labor Code, the • CONTRACTOR shall secure the payment of compensation to its employees- - • b- Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with • the CITY the followings certification: • "I am aware of the provisions of Section 3700 of the Labor Code which • require every employer to; be insured against liability for workers' compensation or to undertake self-insurance in accordance with the • provisions of that code, and I will comply with such provisions before • commencing the performance of the WORK of this Contract." c. Notwithstanding the foregoing provisions, before the Contract is executed on behalf of • the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory , evidence that it has secured in the 'manner required and provided by law the payment of workers' compensation. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 58 12/10/08 • • • • • • 18.3 Apprentices on Public Works: • The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 and • 1777.6 of the California Labor Code relating to employment of apprentices on public works. • 18.4 Working Hours: The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours- The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any sub-contractor for each calendar day • during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such work receives • compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. • 18.5 CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of • God: • • As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR • shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an act of God, in excess of 5 • percent of the contracted amount, provided, that the WORK damaged was built in • accordance with accepted and applicable building standards and the plans and • specifications of the CITY. The CONTRACTOR shall obtain insurance to indemnify the • CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this section, • the term "acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 an the Richter Scale, and tidal • waves. • 18.6 Notice of Completion: • • In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 • days after date of acceptance of the WORK by the CITY's governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK. 18.7 Unpaid Claims: If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the CITY a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the CITY shall, until the discharge thereof, withhold • from the moneys under its control so much of said moneys due or to become due the . CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; • provided, that if the ENGINEER shall, in its discretion, permit the CONTRACTOR to file BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 59 . 12/10/08 • i with the CITY the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. • 18.8 Concrete Forms, Falsework, and Shoring: The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete'. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and . working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. • 18.9 Retainage•From Monthly Payments: Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the CITY to insure performance i under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to la written agreement for in-lieu construction payment . retention provided by the CITY between the escrow agent and the CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has certified to the escrow agent, in writing, that the Contract has been satisfactorily • completed. The CITY will not certify that the Contract has been satisfactorily completed . until at least 30 days after filing by the CITY of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit. i 18.10 Public Works (Contracts; Assignment to Awarding Body: � I In accordance with Section 7103-5 of the California Public Contract Code, the CONTRACTOR and Subcontractors shall conform to the following requirements. In . entering into a public works contract or a subcontract t0 supply goods, services, or materials pursuant to a public works,contract, the CONTRACTOR or subcontractor offers and agrees to assign io the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C- Sec. 15) or under the • Cartwright Act (Chapter 2 (Commencing with Section 16700) of Part 2 Division 7 of the • Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract- This assignment shall be made and become effective at the time) the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties. . 18,11 Submittal of Bids; Agreement to Assign: BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 60 12/10/08 . • • • • • In accordance with Section 4552 of the Government Code, the bidder shall conform to • the following requirements_ In submitting a bid to a public purchasing body, the bidder • offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, • title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C- Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section • 16700) of Part 2 Division 7 of the Business and Professions Code) arising from • purchases of goods, materials, or services by and for sale to the purchasing body • pursuant to the bid. Such assignment shall be made and become effective at the time the • purchasing body tenders final payment to the bidder. • 18.12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and • Regulations: • a. Each contractor and subcontractor shall keep an accurate payroll record, showing the, • name, address,,social security number, work classification, straight time and overtime • hours worked each day and week, and the actual per diem wages paid to each • Journeyman, apprentice, worker, or other employee employed by him or her in connection • with the public work. • b. The payroll records enumerated under paragraph 18.12a shall be certified and shall • be available for inspection at all reasonable hours at the principal office of the • CONTRACTOR on the following basis- 1. A certified copy of an employee's payroll record shall be made available for • inspection or furnished to the employee or his or her,authorized representative on • request. • 2. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, • shall be made available for inspection or furnished upon request to a • representative of the body awarding the contract, the Division of Labor Standards • enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. • 3. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, • shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through • either the body awarding the contract, the Division of Apprenticeship Standards, or • the Division of Labor Standards Enforcement. If the requested payroll records • have not been provided pursuant to paragraph 18.12b.2, herein, the requesting • party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request • was made. The public shall not be given access to the records at the principal • office of the CONTRACTOR. • c. Each contractor shall file a certified copy of the records, enumerated in paragraph • 18.12a, herein, with the entity that requested the records within 10 days after receipt of a • written request. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08.22 GENERAL CONDITIONS-PAGE 61 • 12/10/08 • • • • d. Any copy of records made available for inspection as copies and furnished upon • request to the public or any public agency by the awarding body, the Division of • Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be • marked or obliterated in such a manner as to prevent disclosure of an Individual's name, • address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated. • • e. The CONTRACTOR shall inform the body awarding the contract of the location of the • records enumerated under paragraph 18.12a, herein, including the street ,address, city . and county, and shall, within 5 working days, provide a notice of a change of location and address. • • f. In the event of noncompliance with the requirements of this Section, the . CONTRACTOR shall have 10 daysl in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. • Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, • as a penalty to the state or political 'subdivision on whose behalf the contract is made or • awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until . strict compliance is effectuated- Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be • withheld from progress payments then due- 9- A copy of all payrolls shall be submitted weekly to the ENGINEER. Payrolls shall contain the full name, address and social security number of each employee, his or her • correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages,paid. They shall also indicate apprentices and ratio • of apprentices to journeymen- The employee's address and social security number need . only appear on the first payroll on which his name appears- The payroll shall be accompanied by a "Statement of iCompliance" signed by the employer or its agent • indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" • shall be on forms furnished by they CITY or on any form with identical wording. The CONTRACTOR shall be responsible for the submission of copies of payrolls of all • subcontractors- • h. If by the 15th of the month, the CONTRACTOR has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the CITY will retain an amount equal to 10 percent of-the estimated value of the work performed during the month from the next monthly estimate, except that such • retention shall not exceed $10,000" nor be less than $1,000. Retentions for failure to . submit satisfactory payrolls shall be additional to all other retentions provided for in the contract. The retention for failures to submit payrolls for any monthly period will be • released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. • 18.13 Cultural Resources: • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 62 12/10/08 • • • • • The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 • U.S.C. 470 as specified under Section entitled, "Temporary Environmental Controls" of • the General Requirements- : 18.14 Protection of Workers in Trench Excavations: • As required by Section Q705 of the California Labor Code and in addition thereto, • whenever work under the Contract involves the excavation of any trench or trenches 1-5 • meters (5 feet) or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom • authority to accept has been delegated, 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. If such plan varies from the shoring system standards established by the • Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared • by a registered civil or structural engineer- employed by the CONTRACTOR, and all costs • therefor shall be included in the price named in the Contract for completion of the WORK . as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required • by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the CITY, the ENGINEER, or any of their officers, agents, representatives, • or employees. • 18.15 Travel and Subsistence Pay: • a. As required by Section 1773-8 of the California Labor Code the CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining • agreements filed in accordance with this Article. • • b. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the • Department of Industrial Relations fully executed copies of collective bargaining • agreements for the particular craft, classification or type of work involved- Such • agreements shall be filed within 10 days- after their execution and thereafter shall • establish such travel and subsistence payments whenever filed 30 days prior to the call for bids- • • 18,16 Removal, Relocation, or Protection of Existing Utilities: • a. In accordance with the provisions of Section 4215 of the California Government Code, • any contract to which a public agency as defined in Section 4401 is a party, the public • agency shall assume the responsibility, between the parties to the contract, for the timely • removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart of the invitation • for bids. The agency will compensate the CONTRACTOR for the costs of locating, BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 63 • 12/10/08 • • repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily • idled during such work • b. The CONTRACTOR shall not be assessed liquidated damages For delay in • completion of the project, when such delay was caused by the failure of the public agency • or the owner of the utility to provide for removal or relocation of such utility facilities. • c- Nothing herein shall be deemed�to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on • the site of the construction project,-can be inferred from the presence of other visible • facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the • construction; provided, however, nothing herein shall relieve th& public agency from • identifying main or trunk lines in the plans and specifications. d. If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall • immediately notify the public agency,and utility in writing. . e- The public utility, where they are the owner, shall have the sole discretion to perform • repairs or relocation work or permiti the CONTRACTOR to do such repairs or relocation work at a reasonable price. . 18.17 Contracts for pigging Trenches or Excavations; Notice on Discovery of • Hazardous Waste or Other Unusual Conditions; Investigations; Change • Orders; Effect on Contract • As required under Section 7104 of the Public Contracts Code (Stats. of 1989), in any • public works contract of a local public entity which involves the digging trenches or other • excavations that extend deeper than 1.2 meters (4 feet) below the surface shall be • subject to the following conditions: The CONTRACTOR shall promptly, and before the • conditions specified in Article 4.5, herein, are disturbed, notify the public entity in writing, of any of the conditions described in Article 4.5, herein. • • 18.18 Resolution of Construction I Claims: • a. As required under Section 20104, et seq-, of the California Public Contract Code, any • demand of $375,000 or less, by the CONTRACTOR for a time extension, payment of • money, or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this Contract; or payment of an amount which is disputed by the CITY shall • be processed in accordance with the provisions of said Section 20104, et, seq., relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. • • -b. A single written claim shall be filed under this Article prior to the date of final payment • for all demand resulting out of the Contract. • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • CITY PROJECT NO 08-22 GENERAL CONDrn0NS-PAGE 84 • 12M O/08 . • • • • c. Within 30 days of the receipt of the claim, the CITY may request additional • documentation supporting the claim or relating to defenses or claims the CITY may have against the CONTRACTOR. If the amount of the claim is less than $50,000, the • CONTRACTOR shall respond to the request for additional information within 15 days • after receipt of the request. The CONTRACTOR shall respond to the request within 30 days or receipt if the amount of the claim exceeds $50,000, but is less than $375,000. • d. Unless further documentation is requested, the CITY shall respond to the claim within • 45 days if the amount of the claim is less than $50,000, or within 60 days if the amount of the claim is more than $50,000 but less than $375,000- If further documentation is • requested, the CITY shall respond within the same- amount of time taken by the • CONTRACTOR to respond, or 15 days, whichever is greater, after receipt of the information if the claim is less than $50,000. If the claim is more than $50,000 but less than $375,000 and further documentation is requested by the CITY, the CITY shall • respond within the same amount of time taken by the CONTRACTOR to respond or 30 • days, whichever is greater- : e. If the CONTRACTOR disputes the CITY's response, or the CITY fails to respond, the CONTRACTOR may demand an informal conference to meet and confer for settlement • of the issues in dispute. The demand shall be served on the CITY within 15 days after the • deadline of the CITY to respond or within 15 days of the CITY's response, whichever • occurs first. The CITY shall schedule the meet and confer conference within 30 days of the request. • f. If the meet and confer conference does not produce a satisfactory request, the • CONTRACTOR may pursue the remedies authorized by law. • END OF GENERAL CONDITIONS • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT CITY PROJECT NO.08-22 GENERAL CONDITIONS-PAGE 65 12/10/08 • • • • • • • • CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL. CONDITIONS • • GENERAL + These Supplementary General Conditions make additions, deletions, or revisions to the General Conditions, as indicated herein. All provisions which are,not so added, deleted, • or revised remain in full force and effect. Terms used in these Supplementary General • Conditions which are defined in the General Conditions have the same meanings • assigned to them in the General Conditions. • ARTICLE 1 - SUPPLEMENTARY DEFINITIONS • . In addition to the definitions in the provisions of Article 1 of the General Conditions, the • following respective supplemental definitions shall apply: • Consultant - The engineering or architectural firm and their designated • representatives acting on behalf of the City of Palm Springs as their authorized • representative within the scope of authority defined in their contract with the City. • Engineer - The word Engineer shall mean the City Engineer of the City of Palm • Springs, California, or his designated representative. Project Representative — The Project Representative shall be the Senior Public Works Inspector, City of Palm Springs, Public Works and Engineering Department, or • such other person as may subsequently be designated by the City in writing to the Contractor. Said Project Representative shall be the only person through whom all • liaison between the Contractor and the City shall be directed. • Working Day-A Working Day is defined as any day, except as follows: • • (a) Saturdays, Sundays, and any designated legal holiday officially observed by • the City of Palm Springs- Designated legal holidays are: • New Year's Day (January 1) Martin Luther King Jr. Day (Third Monday in January) • Lincoln's Birthday (February 12) President's Day (Third Monday in February) • Memorial Day (Last Monday in May) • Independence Day(July 4) • Labor Day(First Monday in September) Veteran's Day (November 11) • CONDITIONS OF THE CONTRACT BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS • CITY PROJECT NO.08-22 PAGE 1 • 12/10/08 • • • Thanksgiving Day (Last Thursday in November) • Day after Thanksgiving Day Christmas Eve Day(December 24) • Christmas Day (December 25) • When a designated holiday falls on a Saturday, the Friday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. • (b) Days on which the Contractor is prevented by inclement weather or • conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with • at least 75 percent of the normal labor and equipment force engaged on such • operation or operations for at least 60 percent of the total daily time being • currently spent on the controlling operation or operations. • ARTICLE 2 - PRELIMINARY MATTERS • 2.1 Legal Address of the City: • The official address of the City shall', be City of Palm Springs 3200 East Tahquitz Canyon • Way, Palm Springs, CA 92262 or such other address as the City may subsequently • designate in written notice to the Contractor. • 2.2 Legal Address of the Engineer: • • The official address of the Engineer shall be 3200 East Tahquitz Canyon Way, Palm • Springs, California 92262 or such other address as the Engineer may subsequently • designate in writing to the Contractor. • 2.3 Legal address of the City's Project Representative: • The name and address of the City's designated Project Representative shall be the Senior Public Works Inspector, Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 or such other address as the Resident Project • Representative may subsequently designate in writing to the Contractor. • ARTICLE 3 - CONTRACT DOCUMENTS; INTENT, AMENDING, AND REUSE 3.1 Contract Documents: • • The following subparagraph (b) shall) be added to Article 3.1 of the General Conditions: • (b) The location of the Work, its general nature and extent, and the form and • general dimensions of the Project and appurtenant works are shown on the attached GIs maps, hereby made a part of these Contract Documents, as listed on Part IV-Appendix. • CONDITIONS OF THE CONTRACT • BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO.08-22 PAGE 2 12/10l08 it i • • • 3.7 Scope: The-following Article 3.7 shall be added to the General Conditions: i 3.7 Scope: (a) The work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, and manufactured articles; furnishing all transportation services, all fuel, power, water, and essential communications; and for the . performance of all labor, work, or other operations required for the fulfillment of the Contract in Strict accordance with the Specifications, Drawings, Schedules, and other Contract Documents as defined in the Contract, all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time during construction in explanation of said Drawings or other Contract Documents. (b) The Work shall be complete and operable, and all work, materials, and services not expressly called for or shown in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, . at no additional cost to the City. ARTICLE 5 - BONDS AND INSURANCE 5.1 Performance and other Bonds: a. Before execution of the Contract, the Contractor shall file surety bonds with the City to be approved by the City Council in the amounts and for the purposes noted below. Bonds • issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in the said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City- Bonds from all other sureties shall be accompanied by all of the documents eriumerated in Code • of Civil Procedure 995.660(a). The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. b. The Contractor shall provide two good and sufficient surety bonds. The Performance Bond shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The bond . must remain in effect until the end of all warranty periods set forth in the Contract. The Payment Bond (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force • and effect until the Work is accepted by the City and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. • - CONDITIONS OF THE CONTRACT . BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO 08-22 PAGE 3 • 12110/08 • • c. The Contractor shall provide for a one-year extension of the Performance Bond to cover the one-year correction and repair period for correction or removal and replacement of defective work as required under Articles 13.7 and 13.8 of the General Conditions. Said Performance Bond shall be maintained at not less than 15 percent of the Contract • Price during said one-year extension. d. Bonds shall be executed by either. (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers. If a'' corporate surety insurer is used, a County Clerk's . certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds. If a personal surety is used'I all requirements set out in Code of Civil-Procedure Section 995.510 shall be met to the satisfaction of the City Engineer. 5.2 Bonding Company Waiver of Right of Notification: The Contractor shall assure that its Bonding Company is familiar with all of the terms and conditions of these Specifications, and shall obtain a written acknowledgement by the Bonding- Company that said Bonding Company thereby waives the right of special • notification of any changes or modifications of the Contract or of extensions of time or of decreased or increased Work or of cancellation of the Contract, or any other act or acts by the City or any of its authorized representatives- 5.3 INSURANCE The limits of liability for insurance as required by Article 5-2 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations: . INSURANCE AMOUNTS Prior to commencing any Work, all contractors, vendors and service providers shall . procure and maintain, at their own cost and expense for the duration of their contract with • the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in, connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below= A. Minimum Scope of Insurance Required 1 1. General Liability Insurance pis required whenever the City is at risk of third-party ! claims which may arise out of work or presence of a contractor, vendor and service � provider on City premises- At a minimum this policy shall: • be written on a per occurrence basis; and • include products and completed operations liability, independent contractors liability, broad form contractual liability, and cross liability protection. • CONDITIONS OF THE CONTRACT BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL_CONDITIONS • CITY PROJECT NO.08.22 PAGE 4 12/10/08 • I,) • i i 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are i driven off-road on City property. Compliance with California law requiring auto i liability insurance is mandatory and cannot be waived. At a minimum this policy • shall: • • be written on a per occurrence basis; and i . include coverage for Bodily Injury and Property Damage, Owned, Non-owned I. and Hired Vehicles; and i • include coverage for owned, non-owned, leased and hired vehicles. i If an automobile is not used in connection with the services provided by the i contractor, vendor or service provider, a written request to waive this requirement should be made to the City's Risk Manager, 3, Workers' Compensation and Employer's Liability Insurances is required for • any contractor, vendor or service provider that has any employees at any time I. during the period of this contract. Contractors with no employees must complete a • Request for Waiver of Workers' Compensation Insurance Requirement form • available from the City's Risk Manager. At a minimum, this policy shall: • provide statutory requirements of the State of California; and i • include $1,060,000 Employer's Liability. B. Minimum Limits of Insurance Coverage Required i $1 Million per Occurrence /$2 Million Aggregate Umbrella excess liability may be used to reach the limits stated above. i C. General Standards for Insurance Policies • All insurance policies shall meet the following standards: i 1. Insurance carrier is to be placed with duly licensed or approved non-admitted • insurers in the state of California. 2. Insurers must have a Best's rating of B+, Class VII, or higher (this rating includes those insurers with a minimum policyholder's surplus of $50 Million to $100 • Million). Exceptions to the Best's rating may be considered when an insurance • carrier meets all other standards and can satisfy surplus amounts equivalent to a i B+, Class VII rating. i 3. Certificate must include evidence of the amount of any deductible or self-insured • retention under the policy. D. Verification of Insurance Coverage CONDITIONS OF THE CONTRACT i BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO.08-22 PAGE 5 i 12110/08 • i i i All individuals, contractors, agencies, and organizations conducting business for the 0 City shall provide proof of insurance by submitting one of the following: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an, acceptable Certificate of Liability Insurance Coverage with an . approved Additional Insured Endorsement with the following endorsements stated on the certificate: • 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured' ("as it relates to a specific contract" or "for any and all work • performed with the City" may be included in this statement). 2. "This insurance is primary 'and non-contributory over any insurance or self- insurance the City may have" ("as it relates to a specific contract" or "for any and . all work performed with the City" may be included in this statement). See • Example A below. As an alternative to the non-contributory endorsement, the City will accept a waiver of subrogation endorsement 'on the General Liability policy. At a minimum, this . endorsement shall include the following language: "This insurance company agrees to waive all rights of subrogation against the City of Palm Springs, its ofcers,'i officials and employees for losses paid under the terms of this policy which arise from the work performed by the named insured for . the City." • 3. "The insurance afforded by this policy shall not be cancelled except after thirty r♦ days prior written notice by certified mail return receipt requested has been given , to the City." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is' not acceptable and must be crossed out. See Example B below. The Workers' Compensation and Employer's Liability policies shall contain waiver of � subrogation clause in favor of City, its elected officials, officers, employees, agents and volunteers. See Example 6below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificate's of insurance must be authorized by a person with . authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of works hall not waiver the contractor's obligation to provide them- E. Acceptable Alternatives to Insurance Industry Certificates of Insurance CONDITIONS 01-THE CONTRACT BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS . CITY PROJECT N0,08-22 PAGE 6 12M 0108 • • • • The City will accept either a CIS 20 10 10 01 or a CIS 20 33 10 01 (or some form • specific to a particular insurance Company that has similar wording) as long as the form is accompanied by a CG 20 37 10 01. In addition, the City will accept the • following: • A copy of the full insurance policy which contains a thirty (30) days' cancellation • notice-provision (ten (10) days for non-payment of premimium) and additional insured and/or loss-payee status, when appropriate, for the City. • • Binders and Cover Notes are also acceptable as interim evidence for up to 90 • days from date of approval • F. Endorsement Language for Insurance Certificates, • Example A: • • THE INSURANCE SHALL BE PRIMARY WITH RESPECT TO THE INSURED SHOWN • IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE NAMED INSURED'S SCHEDULED • UNDERLYING PRIMARY COVERAGE, IN EITHER EVENT, ANY OTHER INSURANCE • MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN EXCESS OF THIS INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT. • • Example B: • • SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE • ISSUING INSURER WILL ENDEAVOR Tl1 rn MAIL 30 DAYS* WRITTEN • NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE-T,Q-MAl ¢I ICH NQTlr_ SHALL IMPOSE ISXn noI_IGATI014- o . 1 IAQII ITV n NV KIND UPON THE 1N8 RER 1 MTC no �.o.�,-r-�. �o,�w,� T-S--ACE�.,z--o,z • *The broker/agent can include a qualifier stating "10 days notice for . nonpayment of premium." • Example C: • . IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL • INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES • DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. • G. Alternative Programs/Self-Insurance Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance • CONDITIONS OF THE CONTRACT BATTING FACILITY DEMOLITION• SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO.08-22 PAGE 7 • 12J10/08 • programs and self-insurance programs as verification of insurance,coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. The City has recently joined SPARTA (Service Providers & Artisans Trade Activities Program) to accommodate smaller contractors and service providers who have difficulty in meeting the City's insurance requirements. The SPARTA Program offers a general liability program that provides the $1 million limit and, upon request, will also . provide auto insurance with the $1 million limit (only in conjunction with the purchase . of general liability insurance). SPARTA is only available during the time your company is under contract with the City. Insurance is provided on a peri project basis and is overseen by the Municipality Insurance Services, Inc. Essex Insurance Company provides coverage and is an A++ rated company. There is a 24-hour response time and coverage is,immediate. A quote may be obtained by calling 1-800-420-0555 or online at www.2sparta.com. Type of work covered: A. Personal services contracts; B_ General contractors and their subcontractors (certain specialty trades excluded); . C. Consultants; and D. Providers of goods. H. Waiver of Modification of the Insurance Requirements • Any waiver Or modification of the insurance requirements can only be made by the City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g., you do not have employees and therefore are not subject to the State workers' compensation insurance requirements; you do • not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc.), please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to • the Risk Manager. All requests for waiver Or modification will be reviewed and a final determination rendered by the Risk Manager. ARTICLE 6 - THE CONTRACTOR'S RESPONSIBILITIES 6.4 Concerning Subcontractors, Suppliers, and Others: Add the following subparagraph (e) to Article 6.4 of the General Conditions: (e) In addition to the provisions of Article 6.4 of the General Conditions, the Contractor shall perform not less than 50 percent of the Work included in the original Contract CONDITIONS OF THE CONTRACT • BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS • CITY PROJECT NO.08-22 PAGE 8 12/10/08 • i • • • • Price with its own forces (i.e., without subcontracting), except that any designated • "Specialty Items" may be performed by subcontract and the amount of any such • "Specialty Items" so performed may be deducted from the original total Contract Price before computing the amount of work required to be performed by the Contractor with • its own forces. When items of work in the Bid Schedule are preceded by the letter "S," such items are designated as "specialty Items-" Where an entire item is • subcontracted, the value of the work subcontracted will be based upon the contract item bid price. When a portion of an item is subcontracted, the value of the work • subcontracted will be the estimated percentage of the contract item bid price, • determined from the information submitted by the Contractor, subject to approval of the Engineer. The 50 percent requirement shall be understood to refer to the Work, • the value of which totals not less than the full Contract Price. 6.5 Permits, License Fees, and Royalties: • The following subparagraphs "d," "e," and V' are hereby added to Article 6.5 of the General Conditions: (d) Business License and Permits: All permits issued by the City of Palm Springs shall be obtained by the Contractor, but will be paid by the City; provided, that prior to • beginning the Work hereunder, the Contractor shall obtain and pay for a City of Palm • Springs business license. Except as otherwise provided herein, all permits issued by • other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. • • (e) Building Permits: The Contractor shall obtain all licenses and shall assist in • obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the City. Other permit fees, including • encroachment fees and electrical, mechanical, and plumbing permit fees will be paid • directly by the City. No separate payment therefor will be allowed under the Contract • for any of the permits or fees under this Article. • (f) Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs, • inspection fees, and similar utility-related fees will be paid for directly by the City. • Annexation fees, flood control fees, pollution district fees, and similar fees will also be • paid by the City. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. • • 6.7 Laws and Regulations: The Following subparagraph (d) is hereby added to Article 6-7 of the General Conditions: • (d) The Work is located in the City of Palm Springs in the County of Riverside, State of • California. The Contractor shall comply with all ordinances, regulations, and other * lawful requirements of said City, County, and State governing the work on public property. In particular the Contractor's attention is directed to Section entitled • "Temporary Environmental Controls." • CONDITIONS OF THE CONTRACT • BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO.08-22 PAGE 9 • 12/10/08 I • I • I • ARTICLE 10 - CHANGES IN THE WORK 10.2 Allowable Quantity Vanations: Deleted 10.3 Increases of More Than 25 Percent: Deleted . 10.4 Decreases of More Than 25 Percent: Deleted . ARTICLE 11 - CHANGE, OF CONTRACT PRICE � 11.2 Equipment: The following wording shall be added to the end of Article 11.2, subparagraph (d): Whenever under the terms of this Contract the Contractor is entitled to additional • payment for the use of rental equipment, the Contractor will be paid for the use of the • Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Labor Surcharge and Equipment Rental Rates" as published by the State of California, Department of Transportation, Sacramento, CA. • AED Green Book, latest Edition. Rental Rates & Specifications for Construction Equipment, as published and compiled by Machinery Information Division of K-III Directory Corporation, 1735 Technology Drive, Suite 410, San Jose, CA 95110- 1313 Telephone (800) 669-3282 . ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK • 13.4 Tests and Inspections: I � The following subparagraph 1' is hereby added to Article 13A of the General Conditions: (f All Special Inspections required under the provisions of Section 305 of the Uniform . Building Code will be provided an I d paid for by the City. I � 13.8 Correction Period: References to a Correction and Repair Bond as referred to in General Conditions Article 13.8, subparagraph d, shall be as specified in the Supplementary General Conditions, Article 5.1, subparagraph b. ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.2 Unit Price Bid Schedule: Deleted, CONDITIONS OF THE CONTRACT BATTING FACILITY DEMOLITION SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO 08-22 PAGE 10 • 12/10/08 • • • • 14.3 Application for Progress Payment: • The following provision shall be added to Article 14.3c of the General Conditions: In addition to the provisions of Article 14.11 of the General Conditions for withholding of funds from the Final Payment, the City may retain a portion of the • amount of each progress payment otherwise due to the Contractor, as follows: • 4. The City will retain 10 percent of each approved progress payment until the • Work is 50 percent complete; then, the City may at its option suspend further retainage until the final progress payment. • • 5. The City reserves the right to reinstate up to 10 percent retainage of the • total of the Work done if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other • specific cause for such retainage. • • 14.3 Application for Progress Payment: • Add_anew subparagraph (e), as follows: • • (e) For all long lead purchases of electrical and mechanical building equipment that • has been delivered to the site and safely and securely stored in accordance with the requirements of Section 01600,_Materials and Equipment, the City will • pay 50 percent of the Supplier's invoice price to the Contractor; provided, that • no payment will be made for any materials, equipment. or components thereof. • whose value is less than $5000 dollars. • ARTICLE 18 - CALIFORNIA STATE REQUIREMENTS • • 18.1 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds • and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. • • 18.3 Deleted. • 18.12 Deleted. • - END OF SUPPLEMENTARY GENERAL CONDITIONS - • • • • • • • • BATTING FACILITY DEMOLITION CONDITIONS OF THE CONTRACT • SUPPLEMENTARY GENERAL CONDITIONS CITY PROJECT NO.08-22 PAGE 11 • 12110/08 • • • • • CITY OF PALM SPRINGS SPECIFICATIONS • • BATTING FACILITY DEMOLITION CITY PROJECT NO. 08 - 22 • • • PART III - TECHNICAL SPECIFICATIONS • DIVISION 1 - GENERAL REQUIREMENTS Section 01011 - Summary of Work Section 01091 - Reference Standards &Abbreviations • Section 01201 - Project Meetings • Section 01301 - Contractor Submittals • Section 01401 Quality Control Section 01505 - Mobilization • Section 01511 Temporary Utilities Section 01541 - Protection of Existing Facilities • Section 01551 - Site Access and Parking • Section 01561 = Temporary Environmental Section 01601 Materials & Equipment • Section 01701 - Contract Closeout • S DIVISION 2 - SITEWORK AND UTLITIES • Section 02060 - Demolition and Removals • Section 02211 _ Earthwork • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION CONTENTS CITY PROJECT NO.08-22 PART III • 12/10/08 • • SECTION 01011 SUMMARY OF WORK 1.01 GENERAL The Work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles for the Project. It shall also include the furnishing of all transportation and services, including fuel, power, water, and • essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. . 1.02 WORK COVERED BY CONTRACT DOCUMENTS The Work of this Contract includes but is not limited to the following: * Demolition and removal of the "Batting Facility" includes two small one story buildings . (modular units) approximately 500 and 300 square feet, a bathroom (6' x 6'), three trailers (two 12' x 40' and one 10' x 30'), a dumpster, batting cages (8 stations), concrete slabs and foundations, pitching machine area concrete and roof structure, fences, brick counter, concrete sidewalk (up to the existing paved roadway), posts and foundations . (conveyor posts, main mast, batting cage posts, signal posts, outfield perimeter posts, lamp posts), ball retrieval sump and sump pump foundations, electric panel, transformer, and perimeter fences. The perimeter fences will only be removed from the north side of the property and approximately 70 feet from the east side of the property. The electric panel and the transformer will be disconnected by So. Cal. Edison prior to the • commencement of work. The Contractor shall protect in place the trees (two palm trees and one eucalyptus), and the perimeter chain link fence on the south-west side of the property and approximately . 185 feet on the east side of the property (starting at 70 feet south of the north-east corner of the property). The Contractor's work shall include import of soil for earthwork and grading as necessary to re-grade the site to flat plane compacted ground surface, with a 1% slope toward the • east; and application of an E.P.A. approved dust suppressant upon completion of the work. Materials: Dust suppressant material shall be a polymer based emulsion used to stabilize all soils from dust and erosion. The material shall be suitable for application through the use of spraying or watering equipment, and shall be completely environmentally safe to use. The material shall not be colored, and shall cure such that the material becomes completely transparent, leaving the landscape in its natural color • and state. A soil stabilizer (dust suppressant) shall be used, such as: "Soiltac" by . Soilworks, LLC, 681 N. Monterey Street, Suite 101, Gilbert, AZ 85233, (800) 545-5420, www.Soiltac.com; or "PX-300" by G.M. Boston Company International, LLC, 412 • BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 SUMMARY OF WORK . 12/10/08 SECTION 01011-PAGE 1 • I i Fullerton, Newport Beach, CA 926'63, (562) 592-0836, www_gmboston company.com; i or "Envirotac II" by Environmental Products & Applications 73-710 Fred Waring Drive, Suite 220 Palm Desert, CA 922601, Phone: (760) 779-1814, Fax: (760) 779-1815; or equal. The Work is located at Demuth Park, in the City of Palm Springs, California. 1.03 BEGINNING AND COMPLETION OF THE WORK I � Time is of the essence of the Contract. In accordance with the provisions of Article 2 of . the Agreement, the Contractor shall begin the Work on the date specified in the written Notice to Proceed from the City, and shall complete all of the Work included in the Contract within 15 working days after the commencement date specified in the Notice to Proceed. Time stated for completion shall include final cleanup of the premises. i 1.04 CONTRACT METHOD i The Contractor shall include the requirements of the General Conditions and Supplementary General Conditions, of the Contract as a part of all of its subcontract agreements. 1.05 ORDER OF THE WORK The Work shall be carried on in such order or precedence as may be found necessary by the Engineer to expedite completion of the Project. The order and time to complete shall conform to the requirements of the approved Contractor's schedule as submitted under i the provisions for "Contractor's Schedules" in Section 01301, "Contractor Submittals." 1.06 WORK BY OTHERS Interference With Work on Utilities: The Contractor shall cooperate fully with all utility -forces of the City or forces of other 1publicor private agencies engaged in the relocation, i altering, or otherwise rearranging of any facilities which interfere with the progress of the • Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.07 SURVEYING. . The Contractor will be required to fumish all grades and measurements necessary for the proper prosecution and control of the work contracted for under these specifications. No direct payment will be made for this labor, materials, or other expenses therewith. 111111 The Engineer will check the grades',set by the Contractor. In case of error on the part of the Contractor, his/her employees, or surveyor, resulting in establishing grades that are not in accordance with the plans or as established by the Engineer, all construction or staking not in accordance with the established grades and/or alignment shall be replaced • without additional cost: to the City. i BATTING FACILITY DEMOLITION . CITY PROJECT NO.08-22 SUMMARY OF WORK 12/10/08 SECTION 01011-PAGE 2 . • • • • • • 1.08 CONTRACTOR USE OF PROJECT SITE • The Contractor's use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. The use of the project site is limited to the area immediately around the batting facility. The • surrounding area of Demuth Park shall remain open and free for public use throughout the duration of the project. 1.09 CITY USE OF THE PROJECT SITE • The Contractor shall cooperate with the City Engineer to minimize interference with the Contractor's operations and to facilitate the City's operations. In any event, the City and • the Engineer and their authorized representatives shall be allowed access to the project site at all times during the Work. • END OF SECTION • • • • • • • • • • • • • • • • • • • • 4 • • • • BATTING FACILITY DEMOLITION CITY PROJECT NO-08-22 SUMMARY OF WORK • 12/10/08 SECTION 01011 -PAGE 3 • • • • • . SECTION 01091 • REFERENCE STANDARDS • AND ABBREVIATIONS 1.01 GENERAL • A. Titles of Sections and Paragraphs: Captions accompanying specification sections and paragraphs are for convenience of reference only, and do not form . a part of the Specifications. • B. Applicable Publications: Whenever in these specifications references are made to published specifications, codes, standards, or other requirements, it shall be • understood that wherever no date is specified, only the latest specifications, • standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except • to the extent that said standards or requirements may be in conflict with • applicable laws, ordinances, or governing codes. No requirements set forth . herein or shown on the drawings shall be waived because of any provision of, or . omission from, said standards or requirements. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the general provisions of other portions of the specifications, all work specified herein shall conform to or exceed the requirements of all • applicable codes and the applicable requirements of the following documents to the extent that the provisions of such documents are not in conflict with the ` requirements of these Specifications nor the applicable codes. • B. References herein to codes shall mean the following listed codes, as adopted by the City of Palm Springs, including all addenda, modifications, amendments, or other lawful changes thereto: Uniform Building Code, 2007 Edition, as published by the International Conference of Building Officials (ICBO) • • Uniform Plumbing Code, 2007 Edition, as published by the International • Association of Plumbing and Mechanical Officials (IAPMO) • Uniform Mechanical Code, 2007 Edition, as Published by the • International Conference of Building Officials (ICBO) National Electrical Code, 2007 Edition, as Published by the National Fire Protection Association (NFPA) • • California Code of Regulations, Title 19 Public Safety, and Title 24 • Building Standards. REFERENCE STANDARDS • • BATTING FACILITY DEMOLITION - AND ABBREVIATIONS CITY PROJECT N0.08-22 12/10/08 SECTION 01091 -PAGE 1 • • i • C. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or labor. The Contractor shall bid the • most stringent requirements. , D. Applicable Standard Specifications: The contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, . and specifications listed herein; except, that whenever references to "Standard Specifications" are made, the provisions therein for measurement and payment shall not apply. E_ References in the Contract Documents to "Standard Specifications" shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2006 Edition including all current supplements, addenda, and revisions thereof. F. Applicable Safety Standards: References herein to "Cal-OSHA" shall mean State of California, Department of Industrial Relations, Construction Safety Orders, as amended to Date, and all changes and amendments thereto which are effective as of the date;�of construction. G. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and, Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments thereto. 1.03 ABBREvIATiONS AND ACRONYMS A. Wherever, in these Specifications references are made to the standards, specifications, or other published data of the various national, regional, or local organizations, such organizations may be referred to by their acronym or . abbreviation only. As a guide to the user these specifications, the following acronyms or abbreviations,which may appear in these specifications shall have the meanings indicated herein_ APWA American Public Works Association ASTM American Society for Testing and Materials • Cal-OSHA California Construction Safety Orders CLFMI Chain Link Fence Manufacturer's Institute EPA U.S. Environmental Protection Agency NEC National Electrical Code • OSHA Occupational Safety and Health Admin. (Federal) • SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code END OF SECTION REFERENCE STANDARDS • BATTING FACILITY DEMOLITION AND ABBREVIATIONS . CITY PROJECT NO,08-22 SECTION 01091 -PAGE 2 12/10/08 . i • • • • • SECTION 01201 • • PROJECT MEETINGS • 1.01 GENERAL • A The Contractor, along with the Contractor's Superintendent or Project Manager, • as a minimum, shall attend all meetings scheduled by the Engineer for coordination and collection and dissemination of information related to the • Work. • • B. The Engineer will prepare the minutes of each meeting and will distribute them • to each of the participants. • 1.02 PRECONSTRUCTION CONrERENCE A. Prior to the commencement of Work at the site, a Preconstruction conference will be held at a mutually agreed time and place which shall be attended by the • Contractor, its superintendent, and its sub-contractors as appropriate. Other attendees will be: 1_ Engineer and/or the City's Project Representative. 2. Representatives of City. • 3. Others as requested by Contractor, City, or Engineer. • • B. Unless previously submitted to the Engineer, the Contractor shall bring to the conference one copy of each of the following: • • 1. Tentative Construction Schedule. • 2. Schedule of values (lump sum price breakdown) for progress payment • purposes. C. The purpose of the conference is to designate responsible personnel and • establish a working relationship. Matters requiring coordination will be discussed • and procedures for handling such matters established. • D. The complete agenda will be furnished to the Contractor prior to the meeting date, • which may include the following- 1. Contractor's tentative schedules. • 2. Transmittal, review, and distribution of Contractor's submittals. • 3. Processing applications for payment_ • 4. Maintaining of record documents. • • • BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 PROJECT MEETINGS . 12110/0$ SECTION 01201-PAGE 1 • • 5_ Field decisions and Change Orders. • 6. Contractor's assignments for safety and first aid. • D. The Engineer will preside at the preconstruction conference and will arrange for • keeping the minutes and distributing the minutes to all persons in attendance. • END OF SECTION • • i ' • i • • • • • BATTING FACILITY DEMOLITION PROJECT MEETINGS • CITY PROJECT N0.08-22 SECTION 01201-PAGE 2 12/10108 • • • • • • • SECTION 01301 • CONTRACTOR SUBMITTALS 1.01 GENERAL • A. The term "submittal" as used herein shall mean any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare • parts, photographs, survey data, record drawings, bonds, or similar items required to be submitted to the Engineer under the terms of the contract. • B. All subcontractor and supplier or fabricator submittals shall be carefully • reviewed by an authorized representative of the Contractor, prior to submittal to . the Engineer. Each submittal of the Contractor or its subcontractors and suppliers or fabricators shall be dated, signed, and certified by the Contractor, • as being correct and in strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No • consideration for review by the Engineer of any Contractor submittals will be made for any items which have not been so certified by the Contractor. • C. The Engineer's review of Contractor submittals shall not relieve the Contractor • of the entire responsibility for the correctness of details and dimensions. The • Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the • dimensions and the design of adequate connections and details- D. A preliminary schedule Of values (lump sum price breakdown) shall be submitted at the time of the preconstruction conference for all of the work • hereunder to serve as the basis for progress payments during construction. • • END OF SECTION • • • • • • • • • • BATTING FACILITY DEMOLITION CONTRACTOR SUBMITTALS • CITY PROJECT NO.08.22 SECTION 01301-PAGE 1 • 12/10/08 • • • • • SECTION 01401 i QUALITY CONTROL • • 1.01 SITE INVESTIGATION AND CONTROL • • A. The Contractor shall check all field conditions during construction. The Contractor shall be solely responsible for any inaccuracies built into the Work. B. The Contractor shall inspect related and appurtenant work and shall report in writing to the Engineer any conditions which will prevent proper completion of i the Work. Any required removal, repair, or replacement caused by unsuitable • conditions shall be done by the Contractor at its sole cost and expense. • 1.02 INSPECTION OF THE WORK A. General: The Work shall be conducted under the general observation of the Engineer and shall be subject to intermittent or continuous inspection by representatives of the City to assure strict compliance with the requirements of the Contract Documents. The presence of an inspector, however, shall not • relieve the Contractor of the responsibility for the proper execution of the Work • in accordance with all requirements of the Contract Documents. Compliance is distinctly a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of an inspector. 1.03 TESTING A. Unless otherwise specified, all testing shall be in accordance with the methods prescribed in the current standards of the ASTM or other specified published . standards, as applicable to the class and nature of the article or materials . considered; however, the City reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the Engineer will assure i the City that the quality of the workmanship is in full accord with the Contract • Documents. B. Any waiver by the City of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of i substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such i guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of i any prescriptive or performance requirements of the Contract Documents_ • BATTING FACILITY DEMOLITION QUALITY CONTROL • CITY PROJECT NO,08-22 SECTION 01401-PAGE 1 • 12/10/08 • • i C. Notwithstanding the existence of such waiver, and in addition to any testing and inspection performed by any other inspector on behalf of the City or any other public agency having jurisdiction, the Engineer shall have the right to make independent investigations and tests, and failure of any portion of the Work to meet any of the requirements of the Contract Documents, shall be reasonable • cause for the Engineer to'irequire the removal or correction and reconstruction i of any such work in accordance with the General Conditions. 1.04 TIME OF INSPECTIONS AND TESTS A. Except as otherwise provided in the Contract Documents, performance of the required tests will be by the City, and all costs therefore will .be home by the City; except„ that the cost of any test which shows unsatisfactory results shall be borne by the Contractor. B. Whenever the Contractor its ready to backfill, bury, hide, or otherwise cover or make inaccessible any work under the Contract, the Contractor shall notify the Engineer not less than 24 hours in advance of beginning any such work of backfilling, burying, hiding; covering, or making inaccessible any portion of the • Work to be inspected, so 'that the required inspections can be scheduled and performed. Failure of the Contractor to notify the Engineer at least 24 hours in advance of any such inspections shall be reasonable cause for the Engineer to require sufficient delay in the Contractor's schedule to allow time for such • inspections and any remedial or corrective work required, and all costs of such • delays, including its impact or effect upon other portions of the Work shall be borne by the Contractor. END OF SECTION BATTING FACILITY DEMOLITION QUALITY CONTROL • CITY PROJECT N0.08-22 SECTION 01401-PAGE 2 12110/08 • i • • • • • SECTION 01511 • TEMPORARY UTILITIES 1.01 GENERAL • A. It shall be the Contractor's responsibility to provide plant and equipment that is • adequate for the performance of the Work under this Contract within the time • specified. All such work shall be subject to inspection and approval by the Engineer at any time within the duration of the Contract. • • B. All work hereunder shall conform to the applicable requirements of Cal-OSHA • Construction Safety Orders. • 1.02 POWER AND LIGHTING • • A. Power: The Contractor shall provide all necessary temporary power required for • its operations under the Contract, and shall provide and maintain all temporary power lines required to perform the.Work in a safe and satisfactory manner. • • B. Approval of Electrical Connections: All temporary connections for electricity shall • be subject to approval of the Engineer and the power company representative, • and shall be removed in like manner at the Contractor's expense prior to final acceptance of the Work by the City. • • C- Separation of Circuits: Unless otherwise permitted by the Engineer, circuits • separate from lighting circuits shall be used for all power purposes. • D. Construction Wiring: All wiring for temporary electric light and power shall be • properly installed and maintained and shall be securely fastened in place. • 1.03 WATER SUPPLY • • A. General: The Contractor must provide its own supply of water of a quality • suitable for all domestic and construction purposes and shall provide all means • necessary to deliver said water from the water source to the points of use • B- The Contractor shall provide and operate all pumping facilities, pipelines, • valves, hydrants, storage tanks, and all other equipment necessary for the . adequate development and operation of its water supply system- The Contractor shall be solely responsible for the adequate functioning of its water • supply system and shall be solely liable for any claims arising from the use of • same, including discharge or waste of water therefrom. • • • • BATTING FACILITY DEMOLITION CITY PROJECT NO.08-22 TEMPORARY UTILITIES • 12/10/08 SECTION 01511-PAGE 1 • • C. Potable Water: All drinking water on the site during construction shall be • furnished by the Contractor and shall be bottled water or water furnished in • approved metal dispensers. All drinking water shall conform to the requirements • of the State and local authorities for potable water. D. Removal of Water Connections: Before final acceptance of the Work on the project, all temporary connections and piping installed by the Contractor shall be entirely removed, and all affected improvements shall be restored to their • original condition, or better, to the satisfaction of Engineer. • 1.04 SANITATION A. Toilet Facilities: Fixed or portable chemical toilets shall be provided by the Contractor wherever needed for the use of employees. • B. Sanitary and Other Organic Wastes: The Contractor shall establish a regular • daily collection of all sanitary and organic wastes. All wastes and refuse from • sanitary facilities provided by the Contractor or organic material wastes from any other source related to the Contractor's operations shall be disposed of away from the site in a manner satisfactory to the Engineer and in accordance with all laws and regulations pertaining thereto. • • 1.05 TELEPHONE COMMUNICATIONS • A. The Contractor shall provide and maintain at all times during the progress of the • Work, a telephone number where the Contractor's on-site representative can be • contacted at all times while the Work is in progress_ • END OF SECTION • • 1, • l • • • • • BATTING FACILITY DEMOLITION TEMPORARY UTILITIES . CITY PROJECT NO.08-22 SECTION 01511-PAGE 2 12/10/08 • • • • SECTION 01541 • PROTECTION OF EXISTING FACILITIES • ! 1.01 GENERAL ! A. The Contractor shall protect all existing utilities and improvements not ! designated for removal and shall restore damaged or temporarily relocated • utilities and improvements to a condition equal to or better than they were prior ! to such damage or temporary relocation, all in accordance with requirements of • the Contract Documents. B- The Contractor shall verify the exact locations and depths of all utilities that may • interfere with the Work, and shall make exploratory excavations of utilities. All • such exploratory excavations shall be performed as soon as practicable after award of contract, to avoid possible delays to the Work. • • 1.02 RIGHTS-OF-WAY A. The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, telegraph, or electric transmission line- • • 1.03 PROTECTION OF STREET OR ROADWAY MARKERS • A. The Contractor shall not destroy, remove, or otherwise disturb any existing ! survey markers or other existing street or roadway markers. No pavement • braking or roadway excavation will be permitted. 1,04 RESTORATION OF PAVEMENT • A. General: All paved areas damaged during construction shall be replaced with • similar materials and of equal thickness to match the existing adjacent • undisturbed areas- • 1.05 EXISTING UTILITIES AND IMPROVEMENTS ! • A. General: The Contractor shall take all possible precautions for the protection of ! unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary- • B. Utilities to be Moved: When utility lines that are to be removed are encountered • within the area of operations, the Contractor shall notify the Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption • of service. • • • BATTING FACILITY DEMOLITION PROTECTION OF EXISTING FACILITIES ! CITY PROJECT NO.OP 22 SECTION 01541-PAGE 1 • 12/10/08 • • • C. City's Right of Access: The right is reserved to the City and to the owners of • public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property ! made necessary by the Work of this Contract. • D. Approval of Repairs: All ;repairs to a damaged improvement are subject to ! inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other work. E. Maintaining in Service: All oil and gasoline pipelines, power, and telephone or • other communication cable ducts, gas and water mains, irrigation lines, sewer ! lines, storm drain lines, poles, and overhead power and communication wires ! and cables encountered along the line of the Work shall remain continuously in ! service during all the operations under the Contract, unless other arrangements • satisfactory to the Engineer are made with the owner of said pipelines, duct, ! main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such • damage occurs after backflling or is not discovered until after completion of the . backfilling. • 1.06 NOTIFICATION BY THE CONTRACTOR A. Prior to any excavation in 'the vicinity of any existing underground facilities, the ! Contractor shall notify the Underground Service Alert agency and the respective ! authorities representing ',the owners or agencies responsible for such +♦ underground facilities not less than 3 days nor more than 7 days prior to excavation so that a representative of said owners or agencies can be present . during such work if they sole desire. END OF SECTION ! ! • ! I ! • I, ! I ! BATTING FACILITY DEMOLITION PROTECTION OF EXISTING FACILITIES ! CITY PROJECT NO.08-22 SECTION 01541-PAGE 2 12/10/08 . • • • • • • SECTION 01551 • SITE ACCESS AND PARKING 1.01 GENERAL • A. The Contractor shall take all necessary precautions for the protection of the • Work and the safety of the public. All barricades and obstructions shall be • illuminated at night, and all lights shall be kept burning from sunset until sunrise. All signs, signals, and barricades shall conform to the requirements of Caltrans • "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways." 1.02 TEMPORARY STREET USE • A. Street Use: Nothing herein shall be construed to entitle the Contractor to the • exclusive use of any public street, alley, way, or parking area during the • performance of the Work hereunder, and it shall so conduct its operations as not to interfere unnecessarily with the authorized work of the City, utility • companies, or other agencies in such streets, alleys, ways, or parking areas. • • B. The only access for the Contractor to the work site is from Mesquite Avenue. No ! street or alley shall be closed to the public without first obtaining the permission of the Engineer. H. Traffic Control: For the protection of traffic in public or private streets and ways, • the Contractor shall provide, place, and maintain all necessary barricades, traffic cones, warning signs, lights, and other safety devices in accordance with • the requirements of State of California, Department of Transportation "MANUAL • ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) 2003 EDITION AS • AMENDED BY MUTCD 2003 CALIFORNIA SUPPLEMENT', or subsequent . editions in force at the time of construction. • END OF SECTION • • • • • • • • • BATTING FACILITY DEMOLITION SITE ACCESS AND PARKING CITY PROJECT NO.08-22 SECTION 01551-PAGE 1 . 12/10/08 • • • i • • SECTION 01561 • • TEMPORARY ENVIRONMENTAL CONTROLS • • 1.01 EXPLOSIVES AND BLASTING • • A. The use of explosives on the Work will NOT be permitted. • 1.02 DUST ABATEMENT • • A. The Contractor shall furnish all labor, equipment, and means required and shall carry • out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property, cultivated vegetation, or • domestic animals, or causing a nuisance to persons living in or occupying buildings in • the vicinity. The Contractor shall be responsible for any damage resulting from any • dust originating from its operations. The dust abatement measures shall be continued • until the Contractor is relieved of further responsibility by the Engineer. • B. The Contractor shall.be responsible for maintaining the project site and providing • adequate dust control 24 hours a day, everyday, through the duration of the project, • in conformance with City requirements, Section 7-8 of the Standard Specifications, and to the satisfaction of the City Engineer. • • 1.03 DUST CONTROL SIGN REQUIREMENTS 1.03-1. SIGN MATERIALS AND FABRICATION. - The Contractor shall construct, erect, and maintain a rectangular, painted sign, outside of any proposed work area. The sign shall • be installed within 5 days of the execution of the Contract, and the Contractor shall maintain I! the sign in good condition until the execution of the Notice of Completion, at which time the • Contractor shall remove the sign and deliver it to the City yard. The sign board shall be minimum 3-foot wide by 2-foot high, constructed as follows: • 1. 3/4" High Density Overlay exterior type plywood, Grade designation APA HDO EXT. • 2. Two 4" x 4" posts securely buried not less than 36 inches into the ground. No • concrete shall be used to secure the sign posts_ The posts shall be treated with • linseed replacement oil tinted with redwood stain. 3. Posts shall be attached to the edges of the plywood with a minimum of two (2) • carriage bolts on each post. • 4. The front surface of the sign should be painted in the contrasting colors of a white • background with black lettering. All paint shall be weather-proof non fading enamel. 5. Commercially prepared metal signs mounted on steel posts are also acceptable. 6. For large projects, signs shall be installed at 300 feet spacing along adjacent • streets, or as required by the City Engineer. No handwritten signs will be accepted. Stenciled or professionally prepared signs are required. • BATTING FACILITY DEMOLITION TEMPORARY ENVIRONMENTAL CONTROLS • CITY PROJECT NO.08.22 SECTION 01561-PAGE 1 • 12/10/08 • • • i 1.03-2. SIGN INSTALLATION. —The sign shall be installed such that members of the public i can easily view, access, and read the sign at all times and shall be located along the street i frontage such that it will not be subject to damage from equipment or vehicles working at the project site. Additionally: I • a. The lower edge of the, sign shall be mounted a minimum of 2 feet above existing ground level for easy viewing. b. On the construction site the sign should be positioned so as to be visible from all • major streets. • c. For construction projects that are developed in phases, the sign should be relocated to the areas which are under active construction. i 1.03-3. SIGN LETTERING. - The sign shall contain the following words in the top portion of i the sign in minimum 3/4" high, bold face type letters: Project Name: BATTING FACILITY DEMOLITION Contractor: City Project No: 08-22 The sign shall contain the following words in the largest, minimum 1'/z', bold face type letters: TO REPORT BLOWING DUST FROM THIS PROJECT CALL: • (XXX) XXX_XXXXi The Contractor shall supply its Superintendent's or Project Managers 24 hour telephone number. Underneath in smaller, min!3/8" bold face type letters shall be the following words: If you do not get a response within one hour, please call: 8.00 a.m.-5:00 p.m. Monday through Friday: (760) 323-8253 Palm Springs Public • Works and Engineering Department • After hours or weekends: (760) 323-8115 Palm Springs Police Department • Or call A.Q.M.D.: 1-800-288-7664 i The sign planning, appearance, and layout shall substantially conform to the sketch included in Appendix A, and shall be subject to the approval of the Engineer. i 1.03-4. SIGN MAINTENANCE. — Dust Control Sign shall be maintained in good condition by the Contractor at all times during the entire contract. In case of damage to the sign from • any cause, including graffiti, vandalism, environmental conditions and fading, the Contractor shall repair, re-install, and/or repaint the sign, as required- All such repair or maintenance shall be completed promptly within 2 days of any such damage to the full satisfaction of the Engineer. • • BATTING FACILITY DEMOLITION TEMPORARY ENVIRONMENTAL CONTROLS CITY PROJECT NO.08-22 SECTION 01561-PAGE 2 12/10/08 • i • • 1.03-5. PAYMENT. - Full compensation for providing 24 hour dust control and project maintenance; and for furnishing, erecting, maintaining, and removing the dust control sign(s) shall be considered as included in the contract lump sum price paid, and no additional compensation will be allowed therefore. 1.04 RUBBISH CONTROL A. During the progress of the Work, the Contractor shall keep the site of the Work and . other areas used by it in a neat and clean condition, and free from any accumulation of rubbish. The lContractor shall dispose of all rubbish and waste materials of any nature occurring at the Work site, and shall establish regular intervals of collection and disposal of such materials and waste. B. Contractor shall also keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Disposal of all rubbish and surplus materials shall be oft the site of construction in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable . safety laws. 1.05 SANITATION A. Fixed or portable chemical toilets shall be provided wherever needed for the use of . employees. 1.06 CHEMICALS . A, All chemicals used during project construction or furnished for project operation, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. Use of chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer- END OF SECTION • BATTING FACILITY DEMOLITION TEMPORARY ENVIRONMENTAL CONTROLS . CITY PROJECT NO.08-22 SECTION 01561-PAGE 3 • 12/10/08 • • • • SECTION 01601 • • MATERIALS AND EQUIPMENT • 1,01 GENERAL A. The word 'Products," as used herein, is defined to include purchased items for • incorporation into the Work, regardless of whether specifically purchased for • project or taken from Contractor's stock of previously purchased products. The • word "Materials," is defined as products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or • applied to form units of work. The word "Equipment" is defined as products with operational parts, regardless of whether motorized or manually operated, and particularly including. products with service connections (wiring, piping, etc.). • Definitions in this paragraph are not intended to negate the meaning of other terms used in Contract Documents, including "specialties," "systems," ""structure," • "finishes," "accessories," "furnishings," "special construction," and similar terms, which are self-explanatory and have recognized meanings in the construction • industry. • 1,02 QUALITY ASSURANCE • • A. Source Limitations= To the greatest extent possible for each unit of work, the . Contractor shall provide products, materials, or equipment of a singular generic kind from a single source. • • B. Compatibility of Options: Where more than one choice is available as options for . Contractors selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products, materials, or equipment • already selected. Compatibility is a basic general requirement of product/material • selections. 1.03 MATERIALS • A. Placing Orders_ - The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment, and for any traffic control facilities within 3 . working days after the award of Contract by the City. • B. The Contractor shall furnish the Engineer with a statement from the vendor(s) • that the order(s) for said supplies, materials, and equipment has been received . and accepted by said vendor(s) within 15 working days from the date of said • award of Contract. END OF SECTION • • • • • BATTING FACILITY DEMOLITION MATERIALS AND EQUIPMENT • CITY PROJECT N0.08-22 SECTION 01001-PAGE 1 12/10/08 • • • • SECTION 01701 CONTRACT CLOSEOUT 1.01 FINAL CLEANUP A. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final . acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of the project site: . 1.02 FINAL SUBMITTALS s A. The Contractor, prior to requesting its final progress payment, shall submit the following items to the Engineer for transmittal to the City: 1. Final submittals required in Section 02080 and 02090. 2- Bond for correction and repair period- ` 3. Certificates of inspection and acceptance by local governing agencies having jurisdiction. 1.03 COMPLETION OF THE WORK A. Completion of the Work, as the term is used in this Contract shall mean substantial completion of the Work and acceptance by the City. Substantial S completion shall mean substantial performance of the Contract, which shall exist where there has been no willful departure from the terms of the Contract, and no omission in essential points, and the Contract has been honestly and faithfully performed in its material and substantial particulars, and the only . variance consists of technical or relatively unimportant omissions or defects, and the Work can be used or occupied for the purpose for which it was intended. B. The date of substantial completion of the Project shall be the date when the . construction is sufficiently completed, in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy or utilize the project for the use for which it was intended, and the legislative body of the City has accepted the Project as evidenced by execution and recording of a Notice of Completion. 1.04 REMAINING PUNCH LIST ITEMS A. Upon attaining completion/substantial completion as defined in Article 14.7 of . the General Conditions and upon acceptance of the Work by the City, by • BATTING FACILITY DEMOLITION CONTRACT CLOSEOUT CITY PROJECT NO-08-22 SECTION 01701-PAGE 1 . 12/10/08 i i agreement between the parties some small remaining punch list items may i remain to be completed by the Contractor, as provided under the provisions for "Completion of the Work" in Paragraph 1_03, herein- i B. As provided in Articles 14.11 and 14.12 of the General Conditions, the City shall have the right to retain an, additional amount of money from the final progress i payment due the Contractor, equal to 1.5 times the Engineer's estimate of the value of such uncompleted punch list items. The Contractor hereby agrees to complete all such outstanding punch list items within 30 calendar days following the date of the Notice of Completion and acceptance of the Work by the City. i C. As provided in Article 14.12 of the General Conditions, failure of the Contractor i to complete or correct all such outstanding punch list work to the satisfaction of the Engineer within 30 calendar days following acceptance and Notice of Completion, shall constitute a waiver by the Contractor of all rights to any and all claims it may have to all monies withheld by the City under the Contract to cover the value of such uncompleted or uncorrected items- i 1.5 CORRECTION AND REPAIR i A. The Contractor shall comply with the correction and repair requirements contained in Article 13 of the General Conditions. i B. Replacement of earth fill nor backfill, where it has settled below the required finish elevations, shall be considered as a part of such required repair work, and any repair or resurfacing constructed by the Contractor which becomes i necessary by reason of such settlement shall likewise be considered as a part i of such required repair work. i C. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the City. If the Contractor fails to make such repairs or replacements promptly, the City reserves the right to do the work or to have the i work done by others and the Contractor and its Surety shall be liable to the City . for the cost thereof. i 1.06 SEPARATE CORRECTION AND REPAIR BOND A. The Contractor shall provide a bond to guarantee performance of the provisions contained in Paragraph entitled "Correction and Repair," above, and Article 13 � of the General Conditions. i • END OF SECTION i • • BATTING FACILITY DEMOLITION CONTRACT CLOSEOUT i CITY PROJECT NO-08-22 SECTION 01701-PAGE 2 12/10/06 i • • • • DIVISION 2 - SITEWORK AND UTLITIES • SECTION 02060 ! ! DEMOLITION AND REMOVALS - ! PART 1 - GENERAL • • 1.01 General: iOn October 29, 2008 Infotox, Inc. (Certified Asbestos Consultant) performed an asbestos survey of the modular structures and batting cage enclosure at Demuth Park, for the City • of Palm Springs. The survey was conducted in accordance with CAL/OSHA, EPA AHERA ! and South Coast Air Quality Management District Sampling protocols using non- destructive representative sampling techniques. Asbestos containing materials have been • detected in the roof mastic of two building structures, and in a mirror adhesive. Prior to performing any demolition work on the structures, asbestos abatement will be performed • by the City. A lead inspection was also conducted, following the procedures outlined in • Title 17, California Code of Regulations, Division 1, Chapter 8. No lead-based paint was ! detected during the inspection. ! Upon completion of the asbestos abatement by the City of Palm Springs, the work to be ! done under this section consists of the following: Demolition, removal and disposal of the entire "BATTING FACILITY" at DEMUTH PARK, disconnecting and capping utilities, furnishing and constructing imported borrow, grading, • and all appurtenant work required to reconstruct the site to a compacted flat plane ground • surface. All demolition work shall be done in accordance with the California Building Code, 2007 ! edition, and requirements of the demolition permit which shall be obtained by Contractor, ! at no cost, from the City prior to the commencement of work. 1.02 DEMOLITION REQUIREMENTS • A. The Contractor shall accomplish the demolition, removal, and disposal of the building ! structures, cages, foundations, slabs, and all appurtenant facilities- The "BATTING FACILITY" includes two small one story buildings (modular units) • approximately 500 and 300 square feet, a bathroom (6' x 6'), three trailers (two 12'x40' ! and one 10'x30'), a dumpster, batting cages (8 stations), concrete slabs and foundations, ! pitching machine area concrete and roof structure, fences, brick counter, concrete • sidewalk (up to the existing paved roadway), posts and foundations (conveyor posts, main mast, batting cage posts, signal posts, outfield perimeter posts, lamp posts), ball • retrieval sump and sump pump foundations, electric panel, transformer, and perimeter • fences. The perimeter fences will only be removed from the north side of the property and approximately 70 feet from the east side of the property. The electric panel and the ! transformer will be disconnected by So. Cal- Edison prior to the commencement of work. ! BATTING FACILITY DEMOLITION DEMOLITION AND REMOVALS ! CITY PROJECT 08-22 SECTION 02060-PAGE 1 12/10/08 ! i i 2. The Contractor shall protect in place the trees (two palm trees and one eucalyptus), and the perimeter chain link fence on the south-west side of the property and approximately 185 feet on the east side of the property (starting at 70 feet south of the north-east corner of the property). The Contractor is responsible for confirming areas to be demolished. The Contractor shall submit a schedule of demolition, in accordance with the requirements for Contractor Submittals in Section 01301, for approval by the City, before commencing work. 3. The Contractors work shall include furnishing and constructing imported borrow; grading; and all appurtenant work required to reconstruct the site to a finish graded, flat plane compacted ground surface, with 1% slope toward east. An E.P.A. approved dust suppressant shall be applied to the site upon completion of all work. B. All Work shall be accomplished in a sound and safe method during the time scheduled and allowed for completion of work. The Contractor. shall submit to the Engineer a schedule and method) of work before commencing of demolition as required under the provisions of Section 01301. C. Adequate shoring of footing excavations shall be provided until the site is backfilled to the surface elevation of the adjoining ground. D. Demolition by means of explosive's will not be permitted- E. No processing or sale of reused'„ recycled, and salvaged materials will be allowed at the project site_ AIII processing and sale of materials shall be coordinated with appropriately licensed and permitted) recycling companies and agencies. F_ The burning of lumber, trash, and other combustible material on the premises or any other property in the area is not permitted. 1.03 PERMITS A. The Contractor is responsible to obtain all permits and file the appropriate notification with the City of Palm Springs and the South Coast Air Quality Management District (SCAQMD). 1.04 REGULATORY REQUIREMENTS . A. The Contractor shall conform to applicable State and local codes for demolition of structures, safety of adjacent structures, dust control, water runoff control, and disposal of material. These regulations include, but are not limited to: . 1. 29 CFR 1926.1101;' 2. 40 CFR 61 Subpart IM; 3. CCR Title 8 Section 1529; 4_ State of California Storm Water Runoff Regulations; 5. City of Palm Springs demolition regulations; and • BATTING FACILITY DEMOLITION DEMOLITION AND REMOVALS . CITY PROJECT 08-22 SECTION 02060-PAGE 2 • 12/10/08 • • • • • 6.South Coast Air Quality Management District. • B. All permits and notifications shall be posted in a conspicuous location within the • Contractors office at all times. PART 2 - PRODUCTS (NOT USED) • • • PART 3 - EXECUTION • 3.01 EXISTING SITE UTILITIES • • A. The Contractor shall protect all existing utilities and improvements not . designated for removal and shall restore damaged utilities and improvements to a condition equal to or better than they were prior to such damage. • • B. The Contractor shall verify the exact locations and depths of all utilities that • may interfere with the Work, and shall make exploratory excavations of utilities. All utility services for the Batting Facility shall be disconnected and • capped. The Contractor shall be responsible for doing everything the utility • companies require to abandon the services, at no charge to the City. 3.02 GRADING • A. Grade and compact areas affected by demolition to re-establish a flat plane surface sloping minimum one percent (1%)toward the road (east). Backfill to adjacent grade shall • be with clean granular fill, approved by the Engineer, compacted in accordance with • Section 02211-3.02. • 3.03 FOUNDATIONS, SLABS, AND CURBS • • A. All on-site concrete foundations, footings, and slabs shall be removed as part of the demolition and shall be hauled off the site as required under Section 3.04 hereunder_ • All public curbs damaged by the Contractor's operation shall be restored to a condition • equal to or better than they were before being damaged. 3.04 HAUL-OFF • A. All demolition material shall be hauled off the site as part of the demolition. Removal, • hauling, and disposal of demolished materials must be in accordance with Federal, State • and Local regulations, and all necessary permits must be obtained and complied with. • 3,05 PROTECTION AND REPAIR OF OFF-SITE PROPERTY Any facilities that are not designated for demolition, damaged by the Contractor, shall be repaired or replaced, to the satisfaction of the Engineer, at the Contractor's expense. • • BATTING FACILITY DEMOLITION DEMOLITION AND REMOVALS CITY PROJECT 08-22 SECTION 02060-PAGE 3 • 12/10/08 • • 3.06 USE OF PREMISES A. The Contractor shall confine its,equipment, the temporary storage of materials, and • the operation of its workmen to within the site area and any such other, areas as • designated by the Engineer- • B. Damage to public improvements not designated for removal such as, but not limited •, to, curbs, walls, fences, and streets- shall be repaired by the Contractor, at its own • expense, to the satisfaction of the Engineer. • 3.07 BARRIERS, LIGHTS, AND WATCHMEN • A. The Contractor shall, at its own expense, place and maintain proper guards, barriers, and signs and also shall furnish watchmen and signalmen when needed for the • prevention of accidents, and shall at'night put up and keep a sufficient number of suitable lights where necessary during the prosecution of the work to prevent accidents or injuries • to the person or property of others. A signal-person shall be on duty at all times during the hours of demolition work to coordinate the entrance and exit of vehicles to and from the • working site with traffic on Mesquite Avenue, as required by the Engineer. • 3.08 PUBLIC UTILITIES • A. The Contractor shall notify affected utility companies prior to commencement of work • and comply with their requirements. B. Disconnect and cap all designated public utility lines at the property lines in • conformance with applicable regulations and ordinances. Do not remove underground lines on the property. I • C. Subject to the provisions of California Government Code Section 4215, it shall be the • Contractor's responsibility to obtain', and verify the location and extent of underground • utilities. Any damaged) utility lines that are not designated for demolition, shall be repaired • or replaced, to the satisfaction of the Engineer, at the Contractor's expense. The • Contractor shall: 1- Record accurately the actual locations of capped utilities and subsurface obstructions. 2. Submit a copy of these locations to the Engineer. • 3.09 DUST CONTROL • • The Contractor shall clean, sweep, or apply water for the alleviation or prevention of dust • nuisance resulting from demolition operations as necessity may require, or as requested • by the Engineer. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods- The Contractor shall provide adequate • dust control 24 hours a day, in accordance with Section 01561 "Temporary Environmental • Controls"- • BATTING FACILITY DEMOLITION DEMOLITION AND REMOVALS • CITY PROJECT 11-22 SECTION 02060-PAGE 4 12/10/08 • • • • An E_P.A. approved dust suppressant shall be applied to the site upon completion of all work. The site will be inspected by the City's Building Department. • • 3.10 OTHER CONTRACTOR RESPONSIBILITIES + A. The Contractor shall be responsible for securing an adequate storage site for equipment and materials_ • • B. The Contractor shall be responsible for all job and site safety. • C. The Contractor shall secure the work area during the period of construction, in • accordance with the Uniform Building Code "Pedestrian Protection" provision. • . The Contractor shall have on the work site at all times a competent English-speaking • superintendent, as its agent, capable of reading and thoroughly understanding the specifications and other related documents. • • - END OF SECTION — • • • • • • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION DEMOLITION AND REMOVALS CITY PROJECT 08-22 SECTION 02060-PAGE 5 • 12/10l08 • • • • • SECTION 02211 • EARTHWORK • PART 1 - GENERAL 1.01 GENERAL • A. The work of this Section includes all earthwork required, including removals and . backfills for reconstruction of the work-site after completion of the demolition work. • B. Earthwork shall include, but not be limited to, the loosening, removing, loading, • transporting, depositing, and compacting in its final location of all materials wet and dry, • as required for the purposes of completing the work to a level even with the surrounding • land, and all appurtenant work, all in accordance with the requirements of the Contract Documents, which shall include, but not be limited to, the furnishing, placing, and • removing of sheeting and bracing necessary to safely support the sides of all excavations; all pumping, ditching, draining, and other required measures for the removal or exclusion • from any source of water from excavations; all backfilling; the disposal of excess • excavated materials; borrow of materials to make up deficiencies for fills; and all other incidental earthwork, all in accordance with the requirements of the Contract Documents. • • 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS • A. Without limiting the general provisions of other requirements of these specifications, all • work specified herein shall Conform to or exceed the applicable requirements of the referenced portions of the following specifications to the extent that the requirements • therein are not in conflict with the provisions of this Section. • B. References in these specifications to "Standard Specifications" shall mean the • Standard Specifications for Public Works Construction as defined in Section 01091- 1.02E. • • 1.03 CONTRACTOR SUBMITTALS • A. As required under Section 6705 of the California Labor Code, the Contractor, prior to • beginning any trench or structure excavation 5 feet deep or deeper shall submit to the • City and shall be in receipt of the City's written acceptance of the Contractor's detailed plan showing design of all shoring, bracing, sloping of the sides of excavation, or other • provisions for worker protection against the hazard of caving ground during the excavation of such trenches or structure excavation. B. If such plan varies from the shoring system standards established in the Construction Safety Orders of the State of California, such alternative system plans shall be prepared by a civil or structural engineer licensed in the State of California. • •. BATTING FACILITY DEMOLITION EARTHWORK CITY PROJECT NO.08-22 SECTION 02211-PAGE 1 • 12/10108 • • i 1.04 QUALITY ASSURANCE A. Where fill or backfill is required to be compacted to a specific density, tests for compliance will be performed at the,City's expense, using ASTM Test Method D 1557-91 modified to use 3 layers instead of15 layers; field density tests will be performed at the City's expense using ASTM Test Method D 1556-90. • B. In case the tests of the fill or backfrll show noncompliance with the required density, the Contractor shall accomplish such remedy as may be directed by the Engineer. Subsequent testing to determine theli density shall be at the Contractor's expense. PART 2—PRODUCT'S None PART 3 - EXECUTION 3.01 CLEARING AND GRUBBING ' A. Except as otherwise specified in the Contract Documents, all clearing, grubbing, and removals shall conform to the requirements of Section 300-1 of the Standard Specifications. B- All clearing and grubbing shall be performed in advance of grading operations in accordance with the requirements oif these specifications. All weeds, roots, trash, debris, and similar objectionable materials 'shall be removed from excavation and fill areas. All asphalt rubble, concrete, rocks, or rubble, and any trash or debris shall be hauled away. • C. Burning of cleared materials will not be permitted. 1 Cleared materials shall become thel property of the Contractor, and shall be disposed of . outside the project site in accordance with the requirements of Section 300-1.3 of the . Standard Specifications. 3.02 UNCLASSIFIED FILL ,♦ A. General: Construction of unclassified fill includes the importing, depositing, conditioning, and compacting of earth fill material, in accordance with the requirements of Section 300-4 of the Standard Specifications. Fill shall be placed in layers not exceeding 12 inches in uncompacted depth. Each layer of earth fill shall be compacted by • mechanical means to a relative compaction of at least 90 percent- • 3.03 GRADING A. The Contractor shall grade all areas of the project site to a uniformly smooth flat plane . ground surface, free of irregularities. The finished surface shall not be more than 0.15 ft above or more than 0.15 ft below the specified grade referred to under "Grading" in Paragraph 3.02 of Section 02060 Demolition and Removals. BATTING FACILITY DEMOLITION EARTHWORK CITY PROJECT NO.08-22 SECTION 02211 -PAGE 2 • 12/10/08 i • • • . 3.04 PAYMENT • Payment for earthwork will be included in the lump sum Bid price, which shall include full compensation for completion of all such work as required hereunder, and no additional compensation will be allowed therefore. END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION EARTHWORK . CITY PROJECT NO.08-22 SECTION 02211-PAGE 3 12/10/08 • • • • • • • • • CITY OF PALM SPRINGS • SPECIFICATIONS • • • BATTING FACILITY DEMOLITION • CITY PROJECT NO. 08 - 22 • • PART IV - APPENDIX • • Vicinity Map • Site Maps • Dust Control Sign • • • • • • • • • • • • • • • • • • • • BATTING FACILITY DEMOLITION APPENDIX • CITY PROJECT NO.08-22 PAGE 1 • 12/10/08 • • • • • • s of PALMM S • ^A U Cn • < Y AYEO As��DESERT TRAMMEW DRIVE Y WICK ANO PMICRADIO RO. 10 Cq� /FFEI— ORN\P • `Ap ess SAN RAFAEL DR. • �y FRANCS OR. p• �xmrn s T r9'fOR -'✓ FF Y . wFgWAnW 4p RACQUET CUIR ROAD VCRONA RD. 1� u m WWWq NOT 70 SCALE • q • 111 � a p • VISTA, CHIN0 ROAD 111 =A =0 ROAD 1 0 s • a 0 II TACHEVAPI Ro • o <nuix Hun o TANARISK RO m q • � � V w O • a � m— � ALEJD ROAD o rc • 111 i rr"�` LL ran• ANA00 ROAD HAIL I 1 h�l W ww nw • crnm N L AIR$NA AIRPORT I i ♦\ TAWgWTZ CANYDN WAY o O • u ' \ 5 R�mxlnc, S 0 I l I }4}II • EIAR15f0 ROAD SATIPNINO '�JNWS P 'P ' J 1 PN.4 a'NNW PWCC p.TY. I 1 • C Hlpl SWOa. RAMON ft0A0 m cawmous[ Hry RAMDN ROAD . o WARM SANDS � S � o • SUNNY DUNES ROAD m C w o SUNN DUN 5 RID. 1 W a a • P.VN 9PRHW NES EII1'6 AVE. '"O 1 A w Tmwlu O oduiH • � � car CWRg vN� rATnxc • v� 50NORA ROAD nwir p � � PnW a'Ii1NW • •CWxSS RAsr Pa�N CANYON DRIVE ,PROJECT • �°"" LOCATION • � 111 G�, F1sr PSG/ ,y` o�F • �"VICINITY MAP CITY OF PALM SPRINGS, CALIFORNIA 111 • CP.08-22 BATTING FACILITY DEMOLITION PROJECT • • • • Fe 61 , • 1!!1"�., . _•.�� '_�� •..��1 _ �. ��' Its '� - - ilq ' r �rzNs" • :.i rR ,ems , � � 'r r F .' • f� WAY ,• i ;� ,fir, r r �Y• 11 ir irk ilk - . I 414 I ' a RM1 tr ` K i ezaoerr„�dsI. caury.ylarrer,penmro�arwu�, umv BATTING FACILITY x, 297ft a , W CityGIS • ��ersoaN'"¢ Copyright O 200S All Rights Reserved. The information contained herein is the proprietary property of the i contributor supplied under licerse and may not be approved except as licensed by Digital Map Products. • • • � YA30k*A,*AA Ir • r � • 1 � 1 • _.r _ +,� • ♦ � 92264 �` "� - - • • iIL » .Y .... . .. M r y • .r Sk, r • "k : d ILF . - ✓" A . xiWl I�'i • III ��. � .. • wom bi - % �l¢•mooe.c�nerea�canykv*+a.t'aw�e..d�l��v�w�z � r •• • K + e • • °��A` 's"•- BATTING FACILITY 37ft • CityGIS • -���raau`p. • Copyright O 2005 All Rights Reserved. The information contained herein is the proprietary property art the • contributor supplied under license and may not be approved except as licensed by Digital Map Products. • 66 ' PROJECT NAME : BATTING FACILITY DEMOLITION CONTRACTOR : XXXXXXXXxxxxxxxxxxxxX CITY PROJECT NO: 08 22 IF YOU SEE DUST CONNING FROM THIS PROJECT CALL : JOHN DOE XXX - XXX - XXXX 48„ IF YOU DO NOT GET A RESPONSE PLEASE CALL: CITY OF PALM SPRINGS 760- 323 - 8253 AFTER HOURS OR WEEKENDS PLEASE CALL: CITY OF PALM SPRINGS POLICE DEPT- 760- 323 - 8115 OR CALL THE AQMD AT 1 - 800- 288 - 7664 DUST CONTROL SIGN