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HomeMy WebLinkAbout05433 - MARINA LANDSCAPE AIRPORT COURTYARD LANDSCAPING CP 06-22 CITY OF PALM SPRINGS AIRPORT COURTYARD LANDSCAPE PROJECT CHANGE ORDER To Marina Landscape, Inc. Dale. October 1a, 2007 1900 S. Lewis Si Project No CP06.22 Anaheim, Ca 92805.6621 Project Name Airport Courtyard Landscaping Change Order No 02 Attn. Yvonne Tran Contract No A54$3 Changes In Work: 1. COR 1- Increase size of light pole foundations $7,650 00 2. COR 2: Water feature drain change 1,04255 3. COR2A- Change concrete mix design 2,209 20 4. COR 3: Add three sign post foundations 4,950.00 5. COR 4 Add two light pole foundations 4,150,00 6. COR 6: Weekend overtime to accelerate project 8,961 50 7 COR 7: Additional survey request by airport 882.00 8. Standby time unknown utilities 1,800.00 9. Breakout light pole bases— incorrect grades on plans 3,038,61 10. Skin four existing airport palms 2,805.30 11. Add drain at north end 0,00 12. Additional plants and irrigation above allowance 1,02206 13, Move three palm trees 605.61 14 Raise Rebar at light foundation 422-51 15. Connected trench drain to storm drain 1,04404 16 Moved large palm due to interference with camera 3,200.00 17. Asphalt removal from planting beds 918 16 18. Add light pole relocate utilities 995.05 19 Water valves for triangles on a/c ramp 1,48594 20. Sleeving at pots 2,316.51 21 1/3 of concrete repair 3,45900 22 Electrical modifications 6,853.39 23. Sq ft of concrete installed adjustments 4,01800 24. Calking 10,274.00 25. Bollard Foundation 800.00 26. Re-staking light foundations 1,249.50 27 40 station time clock 1,479.66 Total Add $77,632.69 Summary of Cost/Time Original Contract Price S849,995 00 Total of all previous change orders 396.500.00 Total this change order 77,632 69 Total Contract Price $1,324,127.69 This Change Order adds to the contract time by 0 calendar days. (ra(f'tllLdIOD Page 2 Change Order No. 2 to Agreement No. A5433 I have received a copy of this Change Order Owner's Rep es i e and the above AGREED PRICES are acceptable Approval ��ate: L9 7 to the cant ctor. By Aviation Department Approval'- Title F�K�SIOr-n/T Approved by 4Date II IW 07 Date: 10Z"-3 � Exec Director City Approval ( zm/za�Z APPRDV<D CITY COUNCIL ty Clerk Date, City Manager Distribution On,ginal Conformed Copies Conformed - File Copy City Clerk (1) Contractor (1) Procurement & Contracting (1) F;112nce (1) Airport File (1) P2gc 2 cl'2 DOC # 2007-0619632 z� G 10/04/2007 08:00A Fee:NC Pa9c 1 of 1 Recorded in Official Records County of Riverside Larry W, Ward Assessor, County Clerk 8 Recorder 111111 11111111111111111111111111111111111111111111I Return To: s R u PAGE slzr DA MISC LONG RFD COPY City Clerk City of Palm Springs M A I L 1 465 1 426 PCOR NCOR SMF Ecf Exam P.O. Box 2743 V ✓ �; Palm Springs, CA 92263-2743 ) $06 Filing Fee EXEMPT per Government Code 6103 NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California, and owner of the public improvement. 2. 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. 3. 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) 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 28th day of September, 2007. 5. The name of the contractor for such work of improvement was: Marina Landscape Inc., 1900 South Lewis Street, Anaheim, California 92805, 6. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Airport Terminal Southerly Concourse Walkway and Courtyard Landscaping and Hardscape. 7. The property address or location of said property is: 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262 . 8. City Project No, CP 06-22, Agreement No 5433, Resolution No. 21834, DATED. OC4nYW r, l �ZLCUJ CITY OF PALMLI By. Thomas Nolan,A.A.E., Executive Director, Airport 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. as Thompson Ity Clerk CITY OF PALM SPRINGS AIRPORT COURTYARD LANDSCAPE PROJECT CHANGE ORDER To: Marina Landscape, Inc. Date: April 19, 2007 1900 S. Lewis St. Project No. CP06-22 APR 2 3 2C07 Anaheim, Ca. 92805-6621 Project Name: Airport Courtyard Landscaping Change Order No. 01 Attn: Yvonne Tran Contract No.A5433 Description of Change: This Change Order is for Site concrete flat-work and safety lighting for the Airport Hold-room Courtyard and connecting walkway. The work shall be based upon the Scope of Services document and the "Airport Concrete Flatwork&Safety Lighting" plans dated March 1, 2007 and the Marina Proposal dated 411812007. Summary of Costffime Original Contract Price $ 849,995,00 Total of all Previous Change Orders $ 0,00 Total of this Change Order S 396,500.00 Total Contract Price $1,246,495.00 This Change Order adds to the contract time by 40 calendar days. I have received a copy of this Change Order Construction A mi PA and the above AGREED PRICES are acceptable Approval: Date to the contractor- By Aviation Depa ment Approval: Title: 1E5 I /� Approved by Date: 6a4c1 Date: A ort Construction Administrator City Approval: a e: Oa�G7 City Clerk APPROVED BY C9 NCIL D1: Date:Al _ ti D 0 �•� y�CityManager Distribution: Original Conformed Copies Conformed - File Cony City Clerk (1) Contractor (1) Procurement& Contracting (1) (1) Airport File (1) Finance Pate 1 of I ©2`Ru°"•'"lLI [h �1dtiu(v� hu��CEJ��$\i�l� r SCOPE OF SERVICES PALM SPRINGS INTERNATIONAL AIRPORT HOLD- ROOM PROJECT CONCRETE FLATWORK & SAFETY LIGHTING The City of Palm Springs seeks cost proposals for the installation of concrete flatwork and safety lighting for the Palm Springs International Airport Hold-room Project as more specifically shown on the drawings titled "Airport Concrete Flatwork & Safety Lighting" dated March 1, 2007. This request is to provide all necessary labor, materials and equipment to install the concrete flatwork and the safety lighting for the above entitled project. This work includes the installation of colored concrete both north and south of the existing concourse walkway at the airport, as well as grey concrete south of the existing walkway and as a transition form existing grey concrete on the north end to the new colored concrete. This work is more specifically shown and defined on drawing Sheets L02.01 tlnu L02.03 hi-lited in yellow. The work also includes all necessary finished grading, surveying, forming, concrete placement (Note: By the time concrete goes in the entire area will be enclosed within a 9 foot high security wall, so all necessary purnping shall be included), furnishing and sealing. Contractor shall also be responsible to closely coordinate work with other contractors on the site. The electrical work shall be the installation of the Lours Poulseu #SATT -- MIN — 1/100W fixture, pole and base, foundations all necessary conduits and electrical feeders and breakers for a complete lighting system (fixtures and locations also hi-lited in yellow). Attached is an 8 '/z X 11 drawing sheet from Gensler C17S-2 dated 2/15/07. Contractor shall install four (4) of the sign post base and sleeve detail in locations along the walkway. Said location shall be. established by the Airport There is approximately 45 lineal feet of 12 foot high chain link fence separating the construction area from the active passenger area on the North end of the project. Contractor shall remove this at the same time he installs 8 foot high chain link fence with t1i ee stands of barbed wire on-top of the 8 foot height, with the inclusion of a single Y wide walk thru gate, as a temporary construction fence. This new fence shall be installed between the existing exit walkway from the check-point and the new flat work area. Contractor shall include in cost proposal miscellaneous expenses for clean-cutting concrete edges where new concrete meets old. Please note that in addition to the specification written on the drawing there are also concrete specifications attached to this document that are to be adhered to ( Section 03300 —Cast in place concrete— 10 sheets). The City seeks a hump sum price for the work as depicted on the drawings. Please do not submit conditions that go with the bid as we seek a price for the work as shown on the drawings. If questions arise please submit written RFI to Al Smoot at Allen.Smootgpalmsprings-ca.,-ov by March 22, 2007, end of business. LUMP SUM QUOTES ARE SOUGHT BY 3:00 PM April 5, 2007. Please see that they are delivered to Allen Smoot,_ Procurement & Contracting, City Hall, 3200 E. Tahguitz Canyon Way, Palm Springs, Ca 92262. Please provide the quote on this form as follows: Lump Sum Quote to provide Concrete flatwork and Safety Lighting for the Airport Hold-room as more specifically described on this form and in the drawings referenced above and the specifications attached hereto; is S Contractor Signature Date I II II wBAGGAGE CLAIM, ll GROUND TRANSPORTATION o I II II SIGNAGE � I I By OTHERS II I 1 II _ II I I Y1tia' II � II II II 5"0 STA, PIPE I All' II No.im II 6' MfN. I CROWN ' I 1 e `� "- GRADE OR SLAB w 8 WHERE OCCURS a 3 PIPE SLEEVE r Nu or t 8 �OFg : a 20'u CONC. p s POLE FOOTING ,.q wu '6—/f5 VEF27, BARS p AD TYPICAL SIGNAGE POST BASE DETAIL 4/SS-01.02 Q n NO SCALE d Pro]ece IMM*%" Pete By Dr&Wft h .vs�vma.N PALM SPRINGS AIRPORT 2-15-07 CDS-2 Gensler PmJwMa 05.0201,022 wmp6m SDA-1 DETAILS - Yl PHASE NI d Z and len molRid wwnt hdein c.slilule uiIihnl and wpub)IM*Nk of the Uchlleel and m y not k dupllcoled,iIml u NW.Z hllIwI rf0m ivIsenl el W 6wGL ®207 Ga*l KI Rl hh RmeR,o MMAJUMA PROPOSED CHANGE ORDER No. 00001 1900 South Lewis Street Phone: (714) 939-6600 Anaheim,CA 92806-6621 IT= (714) 935-1199 TITLE:Concrete Flarwork& Safety Light DATE.4/18/2007 PROJECT:Airport Contlyard Landscaping JOB: 0704 TO: Attn: .Allan Smoot CONTRACT NO: City of Palm Springs 3200 E. Tahquit2 Canyon Way Palm Springs, CA 92262 Phnne: 760-779-8456 Fax: 760-323-8238 RE: To: From: Number: DESCRIPTION OF PROPOSAL Price is based an following quantity for concrete.Final quantity will be based on field measurement 3 1/2"Dark Accent-Anrlraur Ceram-7450 SP® 11.45 3 1/2"Light Banding Limestone-4830 SF @ 13.80 3 1/2" Grey Concrete-2160 SF @ 9.60/SF Pole Foundation- 18 each @ 1650.00/Eacl, We are assutmng that the grades will be racioved (P+1- 1/19 compacted by others. This price does not include any sealant,acid wash or sand blasting Cunng compound put,Specification section 3.4-F is not included in this proposal.The material specified is for indoor use only. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Froproal for added tbovork& 1.000 Ls 1396.500,00 0.00% SAM 539&500 00 Safely U hlino Unit Cost: $396,500.00 Unit Tax: $0.00 Unit Total: $396,500.00 t r Time Exten. inn.-.......-40 By: By: Y 7 vo ne Tran Allen Smoot Date: ¢ ;/6 7 1]xte: t9/LB 39Vd 0NI `3dtl9SaN77 dNIJVN 93b0b0LVTLI E9 ;4t !00Z/8t/p0 AGREEMENT THIS AGREEMENT made this _day of_ F' qn' in the year 2001,by and between the City of Palm Springs,a charter city,organized and exi5tin4 in the County of Riverside,under and by virtue of the laws of the State of California,hereinafter designated as the City,and ' MARINA LANDSCAPE, INC. 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: AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO.06.22 The Work is generally described as follows: Provide the materials,supplies,services,equipment and manpower to complete the landscaping,landscape lighting,site drainage, boulders and irrigation necessary to complete the Airport Courtyard Landscaping City Project No.O6-22. ' 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 fime 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$250 for each calendar day that expires after the time specified in Article 2,herein. ART IOLE3—CONTRACT PRICE ($849,995.00) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in Current funds the Contract Price(&)named in the Contractors Bid and Bid Schedule(s). ARTICLE 4—THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule($), 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 I to 1 ,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. Airport Courtyard Landscaping OR 'OyG ��CV7 CITY PROJECT NO.06-22 AGREEMENT FORM 01/03/07 AGREEMENT AND BONDS 1 . . ' ARTICLE 5—PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special 1 Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6—NOTICES 1 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 K delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the Notice. 1 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 1 consent to an assignment, no assignment will release or discharge the assignor from any fury 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 ' - Contracf Documents. IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above written. - ATTEST: CITY OF PALM SPRINGS,CALIFORNIA 1 ;APPROVED //City Clerk APPROVED BY THE CITY COUNCIL: ' RM: Minute Order No Date /. BY Agreement No 1 city Attorney r� Date ��� ® / 1 CONTEN A P Ov APPROVED BY CITY COUNCIL Ve�Ik —i BY �Ii,? -D, A y Date ti-7 1 C6 _ City Manager Date `1'II�� \ 1 i 1 Airport Courtyard Landscaping CITY PROJECT NO.06-22 AGREEMENT FORM 01/03/07 AGREEMENT AND BONDS CONTRACTOR:Check one: Individual Partnership Corporation Corporations Tquire two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice Preside D B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. ey i By %SI t7RE NOTARIZED SII`�G�NATURE NOTARIZED Name: � '%k) Name:: Ll�(O b7(,A-&''l ' Title' -�an"d- nk- Title- ASStSA-6 �* 2t iv-(,+`.yl Address:is OD S- LwAg YCIVl/tPA^M T I Address:1G16 n S, U Lt 'IS 3E'- ' Cia a2ws — (-tow (�vt M U, State of SLl.�.l ' YvtiO,- Stateof CW1Wv-1l'f- Cou�nttyal' ( 2Li.L Countyof OC�j=j _ OnN�(eA before me KV1NV�1') "W,W ' ,,�A,4 11- On3 5 09 before me �_ SS "f1i Pwla�iC personally appeared �VA-O, CO1NCtan personally appeared 'A1 1 Ix personally known to me personally known to me(or-pTuved-lo-me-arr ' the.basis4-setisfacle"deriet)to be the to be the person(Q)whose name(Q islam-subsorbed person(&)whose names)is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that helsh@4hay executed the same in to me that helshelliiey-executed the same in ' hislhe heir authorized Capacity("),and ltislhedtheir authorized capacity(ie&)and that by his/heTkheirsignature(s)on the that by,his/herlthiw signature(s)on the instrument the person(s),Or the entity upon instrument the person(s),or the entity upon behalf Of which the person(s)acted, behalf of which the person(S)acted executed the instrument. executed the instrument. ' WITNESS my hand and official seal. WITNESS my hand and official seal. *- Not S ure Noto lure ' Notary Seal: Notary Seal: KRISTEN NESS NPJ6TEM `:5 ' NMMY Comm # 1689770 �p CnMN+.� 0 rn NOTARY PUBLIC-CA NOTARY Pi' �'ORNIA YI ORANGE COONTY r COMM ERr ANO.26,201U O0" 1 Airport Courtyard Landscaping AGREEMENTFORM AGREEMENT AND BONDS CITY PROJECT N0.06.22 OV03107 CITY OF PALM SPRINGS, CALIFORNIA DEPARTMENT OF PROCUREMENT & CONTRACTING AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO. 06-22 ADDENDUM NO. 1 The following answers to bidders written questions and project clarifications are offered to all bidders: CLARIFICATIONS: 1. Appendix "B"- Special Bidding Information: "Palm Trees" - It should be noted that four (4) of the palms discussed in this Appendix have been relocated to their final locations in the Airport Courtyard. Therefore, there are now only seven (7) palms that will need to be relocated from the planting area. 2. Concrete: Bidders attention is called to -Appendix "B"- Scope, for further clarification, the concrete sidewalk/patio flatwork and the concrete trench drain are NOT part of this bid. QUESTIONS & ANSWERS: (Note: the question will be underlined and the answer in bold. Question #1: Washingtonia Filifera Palms please provide more information on the eleven in the growing yard. Answer #1: First, see Item 1 above. Second, the growing area is along the airport entry roadway about % mile south and east of the construction site. The palms are planted in the earth, not boxed. A flat bed and crane can be placed along side of the palms, on rock covered dirt, and the palms can be loaded up without blocking the roadway. Question #2: The Chamaerop Humulis does not specify the specific size on the drawings on pages L07.02 & L07.03 what are the ? Answer##2: 1 -36" box, 6-24" box, 7 in total. Question #3: The Strelitzia Re iinae does not specifV on the drawing which size to use 5 gal. or 15 agl? Answer#3 21 - 5 gal, 5- 15 gal, 26 total. Question #4 The Carissa grandiflora you have two, different symbols for the same plant type, help? Answer No. 4 98 — 5 gal ok as specified. 200 called for "to be placed in the field" are hereby eliminated. Question No 5: Specs for Planting and Irrigation, where at? Answer No 5: Bidder is referred to sheets L07.04 and L07.05 for planting specs and L06.05 for irrigation specs. Question No. 6: Electrical connection to main panel, where? Answer No 6: Bidders please see attached "Sketch #1" for location of panel and conduit stub-outs. This addendum is made up of two 8 Yz x 11 typed sheets and one 8 Y2 x 11 sketch, thee pages total. BY THE ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA v494Crai L. GFadders C 9 Senior Procurement Specialist Dated: February 1, 2067 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Na P"QV- Authorized Signatur Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your proposal. Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bldder 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: AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO.06-22 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 Band,Performance Bond,and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents,including the following Adder a(r ceipt of which is hereby acknowledged): Number Date I 07 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: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract 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 pa yment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s)named in the aforementioned Bidding Schedule(s). i Dated:= < ':)S� Bidder. By: (Signatu ) Tiitle. Airport Courtyard Landscaping CITY PROJECT NO.06-22 BID(PROPOSAL) 01/03/07 BID FORMS BASE BID SCHEDULE Lump Sum Price for Construction of AIRPORT COURTYARD LANDSCAPING PROJECT NO. 06-22 In Palm Springs, California Item Description 1. Provide all materials, supplies, services, equipment and manpower necessary to complete the fine grading, landscaping, landscape lighting, water feature, site drams, boulders, irrigation, bonds and Insurance for the Airport Courtyard Landscaping project as detailed in the Plans & Specifications entitled "Airport Courtyard Landscaping, City Project No. 06,22". TOTAL LUMP SUM BID PRICE For the lump sum of o. -- (Price in figures) (Pace in words) BIDDER: 8Y: Si Sre TITLE DATE' L Airport Courtyard Landscaping CITY PROJECT NO 06-22 LUMP SUM BID SCHEDULE 01/03/07 BID FORMS �- �~� �� r .. _ _ � �^ , �.51_}+l�.kw`2,, i--.LF'ld'.i,s .. "T�rlast�Ax .. ^.1u=.tti, "�._•. w 1`�t� - ,._ _ .� _. DEDUCTIVE PRICING SHEET Lump Sum Deductive Price for Deletion of the Following Items from the AIRPORT COURTYARD LANDSCAPING PROJECT NO.06-22 In Palm Springs, California Item Description 1, Deductive Price for the deletion of the water feature, shown on the contract documents, from the Base Bid This shall include all materials, services, equipment and labor costs for the water feature including the boulders. Contractor shall leave a$7,500 allowance in the base bid to cover the cost of landscaping the area where the water feature would have gone. TOTAL LUMP DEDUCTIVE PRICE FOR DELETIONOF THE WATER FEATURE IS: (DedurtiV Price in figures) Negative 15^cyo (Deductive Price in words) DIDDERA I'' t BY: �� nature TITLE- S C�—tu`t DATE: �— 5 Airport Courtyard Landscaping CITY PROJECT NO. 05-22 Deductive Pricing Sheet 01/03/07 BID FORMS 4�v � C�� � 1.� L 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 Contractors 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 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. L�=C� 53 _ 3� a `P�vv\ 3. 4. 5. 6, 7. S. Airport Courtyard Landscaping CITY PROJECT NO.06-22 LIST OF SUBCONTRACTORS 01/03/07 BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of�a� ) I I, eN5 C-31..n being first duly sworn, deposes and says that he or she is in S�c� of 'y, ae parry making the foregoing bid,that the Did 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 Did 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. Bid By J Title Organization Ll o�'� ' `t Address ()L7 C'P Airport Courtyard Landscaping CITY PROJECT NO. 06-22 NON-COLLUSION AFFIDAVIT 01/03107 BID FORMS BID BOND _ - - OW ALL MEN BY THESE PRESENTS. That -- Marina Landscape, Inc. as Principal,and Arch Insurance Company as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the"City'in the sum Of. Ten pexcent (10%) of the total amount of the bid dollars for the (not less than 10 percent of the total amount of the bid) payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators,surxessors,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 Cidy's Contract Documents entitle& AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO.06-22 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 remaln in full force and effect In the event suit is brought upon this Bond by sald City, and City preYals, said Surety-shall pay all costs incurred by said City in such suit, including a reasonable attomeys fee to be fixed by the court SIGNED AND SEALED, this 1st day of February 20Q-7-. PRINCIPAL- WPM Arch Insurance Company Marina Landscape, Inc. (Cher! ,individual. �rshrp, BY By Linda D.' Coats, Attorney in Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SUREM (NOTARIZED) - Print Nomf and TN*: � �] ny - mpukw (NOTARMM) . Prwd Name and TkW. (� (Capwatlare n,aie wo er8r>M�a one dnm eeoh a 1te".*V . QMW A.Ctramsn OfSM d,PraarderO,WeMY M=PRskla t AND e. , Seofty,AeeBmd SgrelsN.TrarAw,Assistant Tma=,or OW f�raKlM Olfcsrt. Alwart Cauryerd Landscaping CrrY PROJECT NO,os,= 131D 97Nn nPm fiFrr 1ptry c w.,, 01103M7 ACKNOWLEDGMENT State of: California County of: - -On 22 .1MI (pv� 1 , before me � (If-- 11 WES NC ayu " (hefe rased name and title of the officer) personally appeared '(v7�( e tom-- �F, (� a/I Personally known to me to be the person W whose name(2) is/are subscribed to the within instrument and acknowledged to me that he/aheA#ey executed the same in his/fi� authorized capacity(4}, and that by his/her hair signature(&) on the instrument the person(a), or the entity upon be half of which the person(v) acted, executed the instrument. WITNESS my hand and official seal KRISTEN NESS � CQhIM # 1A89179 eoT�Y Ccnl�ronnln N ORANGE xoc couerr 3A10" MY Cauw EIV.AuC.N, Signatur (Seal) — _--- -._-.-- ACKNOWLEDGMENT State of California County of Orange On Feb- 1 , 2007 before me, Christine M. Rapp,Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ) N WF SEK n,a CHRISTINE M,RApp COMM. #1494518 ;U NDTARYPpgLIC•CALIFORMIA Signature i J ' 1 / f oRANce COUNTY (n My COmm, Plmp JULY9, 2wg l (Seal) POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its pribUp-al-office in Kansas City, Miss6uii(here riaite�refRe�fo as the Company)noes hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) Us true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bond_s in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bands and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had bBeri duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adapted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reeognizanees, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company- 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.L. � 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: l =ante �S ;�:.\/v` vim• 2. CONTRACTOR'S Telephone Number: (-I Facsimile Number: ( � I �) 3. CONTRACTOR'S License: Primary Classification State License Number(s) `-\ el2- � Z Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety L �QP'? Address Z'D L�\\ g n l� ✓ a� Surety Company ��a t i ��✓�'�'' `` Telephone Numbers, Agent(J�,o�) �� 1 \ h� urety( ) 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 rrincipal officers of the corporation or firm. BIDDER'S GENERAL. INFORMATION (Continued) Airport Courtyard Landscaping CITY PROJECT NO 06-22 BIDDER'S GENERAL INFORMATION 01/03/07 BID FORMS 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 for your firm: nY, k&- VY\04S, t 11. Is full-time supervisor an employee 74�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. Airport Courtyard Landscaping CITY PROJECT NO.06-22 BIDDER'S GENERAL INFORMATION 01/03/07 BID FORMS COMPLETED PROJECTS General Contractor-Griffith Company Contact: Dan McGrew (714) 549.2291 Completed Ontario Airport, Ontario $961,658 2/03 Owner City of Los Angeles Rancho Del Oro Drive Extention, Oceanside 5869,573 7/04 Owner City of Oceanside Grand Avenue Realignment, Los Angeles $720,320 6/04 Owner: LACDWP Del Amo Boulevard Widening, Carson 5249,315 10/03 Owner City of Carson Bandera Elementary School, Montclair $227,750 11/03 Owner Ontario Montclair School District General Contractor-Ortiz Enterprises, Inc. Contact: Pat Ortiz (949) 753.1414 Completed LA River Improvements, Compton $1,242,885 10/03 Owner: US Army Corp of Engineers Route 710 Campton Creek Del Amo, Lang Beach $180,530 11/03 Owner: Caltrans MTDB Wetland Mitigation, Santee $116,050 1104 Owner Metropolitan Transportation Development Board BNSF Railway Bridge Modification, Compton $52,000 6/03 Owner. USAED Los Angeles LA River General Contractor- Riverside Construction Contract: George Olivo (909) 682.8308 Completed Limonite Avenue Phase I & 3 Streetscape, Riverside $1,663,039 6/03 Owner: County of Riverside Magnolia Avenue, Riverside $1,014,723 8/02 Owner, County of Riverside Foothill Boulevard, Fontana $437,368 3103 Owner: City of Fontana Jack Bulik Park, Fontana $393,138 5104 Owner City of Fontana La Sierra Metrollnk Station Phase II, Riverside $234,700 7/04 Owner Riverside County Transportation Crestmore Road Revitalization, Riverside $179,999 7/04 Owner: Riverside Redevelopment Agency General Contractor- Clark Construction/5an Diego Ballpark Builders Contact: Jim McLamb (714) 429.9779 Completed San Diego Padres - Petco Park, San Diego $2,179,000 $104 Owner: Padres Limited Construction Garden of Champions, Indian Wells $1,250,000 5/00 Owner: City of Indian Wells Marina Landscape, Inc 1100 E Katella Avenue,Annhcm,,C'alil'ornm 925oi Telephone:(714)9;9 0600 Fax'(714) 93. 1199 For more inlDunutloo vnrt: www m1rinaco coin i MARMNA COMPLETED PROJECTS General Contractor-All American Ashphalt Contact: Dave Reynold (909) 736,7600 Completed WS-1 Parking Structure $604,544 5/01 Owner: Walt Disney Imaglneering Covina Street Improvements, Convina S407,094 3/04 Owner: City of Covina Telegraph Road, La Mirada $384,976 12/03 Owner: Los Angeles Department of Public Works General Contractor-Hensel Phelps Construction Company Contact: Kelly Crawford (949) 852.0111 Completed Secure Treatment Facility, Coalinga $2,359,959 3/05 Owner State cf Califonia Department of General Services California Adventure, Paradise Pier, Anaheim $1,080,000 12/00 Owner. Walt Disney Imagineering FDA Lab, Irvine $332,390 4/04 Owner. US Government Food & Drug Administration General Contractor-Yeager Skanska Contact: Doug Aadland (909) 684.5360 Completed Palm Springs Airport, Palm Springs $830,372 2104 Owner City of Palm Springs Walmart Distribution Center, Apple Valley $447,298 6104 Owner: Wal Mart Stores, Inc. East Palm/Gene Autry Trail Widening, Palm Springs $131,000 9/03 Owner: City of Palm Springs General Contractor- Sequel Contractors Contact: Tom Park (562) 802-7227 Completed Downtown Specific Plan Improvements, El Segundo $329,959 5104 Owner. City of El Segundo Newhope Street, Fountain Valley $153,000 6103 Owner City of Fountain Valley Seal Beach Boulevard, Seal Beach $98,954 4/04 Owner: City of Seal Beach Lambert Road, La Habra $94,819 7/04 Owner City of La Habra General Contractor- PCL Construction Contact: Mark Josten (818) 246,3481 Completed National Training Center, Carson $2,702,000 8103 Owner: Anschutz Soccer, LLC Water Front Hilton, Huntington Beach $217,000 6/01 Owner: Water Front Hilton Marina Landscape, Inc. 1100 E.Katella AVen U.Anaheiin.Cal lbimn 9280j 'I'elephonc:(714)9,9.6600 Fi% (714)935 1199 Fur mare inl'0rnwuon visit:www.mminaco.CCm STATE OF CALIFORNIA—DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 City of Palm Springs Office of Procurement& Contracting 3200 E.Tahquitz Canyon Way Palm Springs, CA 92263-2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE §17777.5 HAS BEEN AWARDED TO: 2 Name of General Contractor 3 Contractor's License Number Marina Landscape 492852 4 Mall Address(Street Number of P 0 Box) 5 City 01900 S. LeOwis Street Anaheim 6 Zip Code 7. Telephone Number 92805 (714) 939-6600 Ext 8. Address or Location of Public Works Sllo(Include city and/or country) Palm Springs Internationa Airport 9 I Contract or Project Number 10 Dollar Amount of Contract Award $849,995.00 City Project 08-22 11 Starting Date(Estimated cr Aetual) 12 Comp ieEon Date(Estimated or Actual) MONTH DAY YEAR (USE NUMBERS) MONTH DAY YEAR (USE NUMBERS) 4/20/07 8/30/07 13 Type of ConstructlOn(Highway,school, 16. hospital etc. Airport n NEW CONSTRUCTION d ALTERATIONS 15 Classirication or Type Of Workman(Carpenter,plumber,etc.) Landsca a and irrigation 17 Is language included In the Contract Award to effectuate the provisions e Section 17775, As required by the Labor Cade? . .. .. X YES NO Is language Included in the Contract Award to effectuate the provisions of Secton 1776, As required by the Labor Code?. .. X YES NO 18. Signature 19 Title 20 Dale Procurement March 26, 2007 Manager 21 Print or Typed Name 22. Tclrphone Number Craig L. Gladdens 760-322-8368 1 _ VENDORS & AMOUNTS BID VENDORS& AMOUNTS BID SIB ABSTRACT SID t 2 2- DATE: SIDDIA TO: OUANTrTY GOMMODMY REM Fd vp CS I I I - I I I I 1 I l f ! l I I I I I 1 I I l I I . I . I I License Detail Page 1 of 2 California Home Monday Mai �.-.. . /�'��yr 7 Welcome jto t l tsl L, f 'Irnly w.= fry - - ti Q License Detail CALIFOLRNIA CONTRACTORS 5TAJE-LICEN Contractor License # 492862 DISCLAIMER A license status check provides information taken from the CSLB license data base. BeforE on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. . Per B&P 707117, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Clue to workload, there may be relevant information that has not yet been entered ont Board's license data base- Lxtract Date: 03/26/2007 " * * Business Information MARINA LANDSCAPE INC 1900 S. LEWIS STREET ANAHEIM, CA 92805 Business Phone Number: (714) 939-6600 Entity: Corporation Issue Date: 06/03/1986 Expire Date: 06/30/2008 * * * License Status * " This license is current and active. All information below should be reviewed. * * * Classifications Class Description GENERAL ENGINEERING CONTRACTOR C27 LANDSCAPING C3 PLUMBING © GENERAL BUILDING CONTRACTOR http://tivww2-cslb.ca.goe/CSLB—LIBRARY/Licensc+Detail.asp?LicNum=492862 3/26/2007 License Detail Page 2 of 2 * * * Bonding Information * ' CONTRACTOR'S BOND: This license filed Contractor's Bond number SU5020948 in the a $12,500 with the bonding company ARCH INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bondina_History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) Cl RICHARD COWAN certified that he/she owns 10 percent or more of the voting stock/equil corporation. A bond of qualifying individual is not required. Effective Date: 12/21/2002 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) RC BRUCE COWAN certified that he/she owns 10 percent or more of the voting stock/equity corporation. A bond of qualifying individual is not required. Effective Date: 03/2212005 BQI's Bonding. History * * Workers Compensation Information This license has workers compensation insurance with the LIBERTY MUTUAL FIRE INSURANCE COMPANY Policy Number: WC2641436493016 Effective Date: 08/01/2006 Expire Date: 08/01/2( Workers Compensation History_ Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request 9 2006 State of California.Conde IgU5 of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNum=492862 3/26/2007 CITY OF PALM SPRINGS, CALIFORNIA DEPARTMENT OF AVIATION NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO. 06-22 IN THE CITY OF PALM SPRINGS January 2007 pF PALAl s V cn m * r�RPOR AYES ,Q C`gC ! FOP, Bids Open 2/6/2007 Dated: 1/3/2007 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS 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 Contract General Conditions of the Contract Supplementary General Conditions PART III --APPENDICES APPENDIX "A" Special Security Provisions APPENDIX ^B^ Special Bidding Information k t i 4 k Airport Courtyard Landscaping CITY PROJECT NO.06.22 SPECIAL PROVISIONS 01/03/07 GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS, CALIFORNIA 3200 East Tahquitz Canyon Way Palm Springs, California PALM SPRINGS INTERNATIONAL AIRPORT COURTYARD LANDSCAPING City Project No. 06-22 NOTICE INVITING BIDS Bids for the Following Trade: AIRPORT COURTYARD LANDSCAPING N-1 NOTICE IS HEREBY GIVEN that sealed Bids will be received from Contractors for the Airport Courtyard Landscaping. Said Bids will be accepted at the Office of the Manager of Procurement & Contracting at 3200 E. Tahquitz Canyon Way in the City of Palm Springs. The Work is to be performed in strict accordance with the contract documents and is described in plans and specifications entitled Airport Courtyard Landscaping for the Palm Springs International Airport, City Project#06-22. The resultant contract will be awarded and held by the City of Palm Springs. N-2 DATES AND TIMES OF OPENING BIDS: Bids forAirport Courtyard Landscaping,will be received in the Department of Procurement & Contracting of the City of Palm Springs, California, until 2:00 P.M.,local time,February 6, 2007. Immediately after the times established as the deadline for receipt of bids, bids will be opened and read aloud. It is the responsibility of the Bidder to see that any Bid sent through the mail, by delivery service or hand-delivered shall have sufficient time to be received bythe Manager in the Department of Procurement&Contracting prior to the Bid Opening Time. Late Bids will be returned to the Bidder unopened. N-3 LOCATION OF THE WORK: The Work to be constructed hereunder is located at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way in the City of Palm Springs, California. N-4 DESCRIPTION OF THE WORK. The Palm Springs International Airport is owned and operated by the City of Palm Springs. The City is in the midst of a Passenger Hold-room Project, The Hold-room project includes the establishment of a new public courtyard and connector walkway.. This project is to complete the landscaping and irrigation of the new courtyard and connector walkway. N-5 COMPLETION OF THE WORK: Time is of the essence! The Work must be performed according to time line identified in the bid document. The overa!I project construction shall be allotted 60 calendar days. N-6 BID SCHEDULES: The work is set forth in one Bid Schedule.. N-7 AWARD OF CONTRACT: The City reserves the right after opening each trade Bid to reject any or all trade bids,to waive any informality(non-responsiveness) in bids or make award to the lowest responsive, responsible Bidder, as it may best serve the interests of the city. As a condition of award the successful Bidderwill be required to submit bonds and insurance prior to execution of the Agreement by the City. Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond. Award will then be made to the next lowest Bidder. N-8 BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of at least 10 percent of the total Bid price, payable to the City of Palm Springs, as a guarantee that the Bidder, if its Bid is accepted,will promptly obtain the required Bonds and Insurance, and will prepare the required submittal documents and execute the Agreement. N-9 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 30 calendar days from the date of the Bid opening. N-10 CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid California State Contractor's License. The Bidder shall possess a valid license in the specified classification (see below) at the time that the Bid is submitted, as required under California Business and Profession Code Section 7028.15, unless exempt thereunder. Failure to possess the specified license at the time of submitting a Bid shall render the Bid as non-responsive and must be rejected. The minimum Contractor's License necessary to perform the Work is as follows: Bid Airport Courtyard Landscaping Class C-27 N-11 PREVAILING WAGE RATES NOT APPLICABLE: Funding for this project is derived solely from local revenue sources and, as provided in Section 7.06.030 of the City's Municipal Code, the work shall not be subject to prevailing wage law. N-12 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract 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. The value of such securities, if deposited by the Contractor, shall be as determined by the City,whose decision on valuation of the securities shall be final_ Securities eligible for investment hereunder shall be limited to those listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit. N-13 PRE-BID CONFERENCE AND VISIT TO WORK SITE: Bidders are strongly encouraged to attend the Pre-Bid Conference and Site Visit which will be conducted by the City to acquaint the Bidders with existing site conditions. The Pre-Bid Conference and Visit to Work Site will be conducted at 2:00 p.m.,local time,Tuesday,January 23,2007. Participants of the Pre- Bid Conferences and Visits to Work Site will meet at the Palm Springs International Airport, Upstairs Conference Room, 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 N-14 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) A full set of Contract Documents is available for inspection without charge at the Office of the Procurement & Contracting, City of Palm Springs,3200 East Tahquitz Canyon Way, Palm Springs,California, (b) A Complete set of said Contract Documents may be purchased for $15.00 per set. If mailing is requested,an additional fee may be required by OCB Reprographics to covertheir cost. Documents are obtainable from: OCB REPROGRAPHICS 224 North Indian Canyon Palm Springs, California 92262 Ofc: (760) 325-3717 Fax (760) 325-0817 Attn: Brian N-15 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 to: City of Palm Springs Department of Procurement & Contracting 3200 E. Tahquitz Canyon Way Palm Springs, California 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, "Airport Courtyard Landscaping,City Project #06-22"and the date and hour of opening Bids. The name of the contractorshall be marked on the outside of the envelope. The certified or cashier's check or Bid Bond shall be enclosed in the Same envelope with the Bid_ N-16 PROJECT ADMINISTRATION: All communications relative to this Work shall be directed to Allen Smoot, Project Administrator, Procurement & Contracting, P.O. Box 2743, Palm Springs, CA 92262. Phone 760-778-8456. Fax: 760-323-8238. All questions relating to interpretation of the Contract Documents or products must be in writing, and responses will be in the form of addenda to the Documents. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladdens, C.P.M. Senior Procurement Specialist DATE: January 3, 2007 PUBLICATION DATES: January 9 and 19, 2007 CITY OF PALM SPRINGS AVIATION DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS AIRPORT COURTYARD LANDSCAPIING CITY PROJECT NO. 06-22 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 Airport Courtyard Landscaping CITY PROJECT NO.06.22 PART 1 CONTENTS 01/03/07 PAGE 1 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 became 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 Bidders 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 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 furnished 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 Bidders 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. Airport Courtyard Landscaping CITY PROJECT NO 06-22 INSTRUCTIONS TO 01/03/07 BIDDERS-PAGE 1 (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 witnout legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashiers 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 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 Band. 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 govem. 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 wards"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 sale 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 Cade. 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 il'ems of the Bid are supplied only to give an indication of the general scope of the Work;the City does not 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 Bids prior to the scheduled closing time for receipt of Bids. Airport Courtyard Landscaping CITY PROJECT N0.06.22 INSTRUCTIONS TO 01/03/07 BIDDERS-PAGE 2 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 interlineatlon, 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 bands required by the Contract Documents within 15 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 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 Workers 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 farce resides within the Coachella Valley("local subcontractor'). (2) The prime contractor shall submit evidence of such goad 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 perform 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- Airport Courtyard Landscaping CITY PROJECT NO.06-22 INSTRUCTIONS TO 01/03/07 BIDDERS-PAGE 3 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. Airport Courtyard Landscaping CITY PROJECT NO,06-22 COVER SHEET 01/03/07 BID FORMS 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. AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO.06-22 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 1360. 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 worker's compensation, or to undertake self-Insurance in accordance with the provisions, before Commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,Bidder's General Informatlon,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 therefore 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 Airport Courtyard Landscaping CITY PROJECT NO,06-22 BID(PROPOSAL) 01/03/07 BID FORMS BASE BID SCHEDULE Lump Sum Price for Construction of AIRPORT COURTYARD LANDSCAPING PROJECT NO. 06-22 In Palm Springs, California Item Description 1, Provide all materials, supplies, services, equipment and manpower necessary to complete the fine grading, landscaping, landscape lighting, water feature, site drains, boulders, irrigation, bonds and insurance for the Airport Courtyard Landscaping project as detailed in the Plans & Specifications entitled "Airport Courtyard Landscaping, City Protect No. 06.22", TOTAL LUMP SUM BID PRICE For the lump sum of (Price in figures) (Price in words) BIDDER: BY: Signature TITLE: DATE: Airport Courtyard Landscaping CITY PROJECT NO.06-22 LUMP SUM BID SCHEDULE 01103/07 BID FORMS DEDUCTIVE PRICING SHEET Lump Sum Deductive Price for Deletion of the Following Items from the AIRPORT COURTYARD LANDSCAPING PROJECT NO.06-22 In Palm Springs, California Item Description 1. Deductive Price for the deletion of the water feature, shown on the contract documents, from the Base Bid. This shall include all materials, services, equipment and labor costs for the water feature including the boulders. Contractor shall leave a $7,500 allowance in the base bid to cover the cost of landscaping the area where the water feature would have gone. TOTAL LUMP DEDUCTIVE PRICE FOR DELETION OF THE WATER FEATURE IS: (Deductive Price in figures) Negative (Deductive Price in words) BIDDER: BY Signature TITLE: DATE: Airport courtyard Landscaping CITY PROJECT NO.06-22 Deductive Pricing Sheet 01/03/07 BID FORMS INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at 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 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. 5. 7. 8. Airport Courtyard Landscaping CITY PROJECT NO.06-22 LIST OF SUBCONTRACTORS 01/03/07 BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the parry 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 Airport Courtyard Landscaping CITY PROJECT NO,00-22 NON-COLLUSION AFFIDAVIT 01/03/07 BID FORMS 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. AIRPORT COURTYARD LANDSCAPING CITY PROJECT NO.06-22 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 attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 200 SURETY: PRINCIPAL: (Check one: individual, partnership, By corporation) By Title signature (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) (NOTARIZED) Print Name and Title: By slgnelure (NOTARIZED) Print Name and Title, (Corporallons require two signatures one fmm each of the following groups A Chairman of Board.President,or any Vim President,AND B Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial OtA[ar). Airport Courtyard Landscaping CITY PROJECT NO.06-22 BID BOND(BID SECURITY FORM) 01/03107 BID FORMS 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, BIDDER'S GENERAL INFORMATION (Continued) Airport Courtyard Landscaping CITY PROJECT NO 06-22 BIDDER'S GENERAL INFORMATION 01/03/07 BID FORMS 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 for your firm: 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. Airport Courtyard Landscaping CITY PROJECT NO.06-22 BIDDER'S GENERAL INFORMATION 01/03/07 BID FORMS CONTRACTOR:Check one: Individual _Partnership Corporation Corporations require two notarized signatures One from each of the following A. Chairman of Board, President, or any Vice President AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. By By SIGNATURE NOTARIZED SIGNATURE NOTARIZED Name: Name: Title! Title: Address, Address: State of State OF County of County Of On before me On before me personally appeared personally appeared personally known to me(or proved to me On personally known to me(or proved to me on the basis of satisfactory evidence)to be the the basis Of satisfactory evidence)to be the person(s)whose name(s)islare subscribed person(s)whose name(s)islare subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that helshelthey executed the same in his/her/their authorized eapacity(ies),and his/her/their authorized capacity(ies)and that by his/her/their signature(s)on the that by hislhedtheir signature(s)on the instrument the person(s).Or the entity upon instrument the person(s), or the entity upon behalf of which the person(s)acted, behalf of which the person(s)acted executed the instrument. executed the instrument WITNESS my hand and official seal. WITNESS my hand and Official seal. Notary Signature Notary Signature Notary Seal: Notary Seal: Airport Courtyard Landscaping AGREEMENT FORMAGREEMENT AND BONDS CITY PROJECT N0.06-22 01/03/07 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 By Title Airport Courtyard Landscaping CITY PROJECT NO.06-22 01/03107 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS Ixl000) emu• TYPE OF INSURANCE POLICY NUMBER EACN OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including LJ al-OSIGN AND COLLAPSE BODILY INJURY S 3 ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE a ❑ PRODUCTEXOMPLETED OPERATIONS or ❑r CONTRACTUAL INSURANCE IJ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS BODILY INJURY AND PROPERTY ❑ PERSONAL INJURY DAMAGECOMBINED a S PERSONAL INJURY a COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PISRSON $ Including EACHACCIDENT 0 OWNED PROPERTY DAMAGE s ❑ HIRED LJ NON•OWNED nr ❑ MOTOR CARRIER ACT BODILY INJURY AND PROPERTY DAMAGECOMBINED 5 EXCESS LIABILITY BODILY INJURY Including AND PROPERTY DAMAGE COMBINED S I� EMPLOYERSLIABILITY WORKER'S COMPENSATION STATUTORY and EMPLOYER'S LIABILITY Inducing EL $ (EACH ACCIDENT) ElLONG BHOREMENSAND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS The undersigned certifies[hat he or she is the eprewnlativp of the at;pvo-named Insurance compar les that he or she has the author,[,to exOCulo and=—,IN,pomfica[o to Certificate Holder and accordingly does hereby curtly on behalf of said msuranOo cnmpanlas that pollcles of Insurance listed above have bean issued to the insured named above and are Inform at this time Notwithstanding any eequidment,term,or condition of any contract or other document with respect[o which this cenificffie may be Issuod or may pertain the Insurance afforded by the pollcles described herein is subject to of the lone: exclusions and conditions of such pollcles. Copies or[he policies shown well be fumishod to[ho COrtlfiCdte Holder upon request Tri Ccmfimto dam not amond extend or alter the Coverage afforded by the policies listed Cancollation'Should any of the above described pollcles be cancelled before the expirAtion date thereof,the 15:wng company will mall 30 days written notice to Me below- named cartlfcate holder NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY Airport Courtyard Landscaping CERTIFICATE OF INSURANCE CITY PROJECT NO.06.22 AGREEMENT AND BONDS 01/03107 • CITY OF PALM SPWNGS SPECIFICATIONS PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General. Conditions • • CONDITIONS OF THE CONTRACT GENMAL CONDITIONS-CONTENTS GENERAL CONDITIONS OF THE CONTRACT No. Article Pape 1 Definitions 1 2 Preliminary Matters 5 3 Contract Documents: Intent, Amending, and Reuse 7 4 Availability of Lands; Subsurface and Physical Conditions; Reference Points 9 5 Bonds and Insurance 12 6 The Contractor's Responsibilities 16 7 Other Work 20 8 The City's Responsibilities 21 9 The Engineer's Status During Construction 21 10 Changes in the Work 23 11 Change of Contract Price 25 12 Change of Contract Time 29 13 Warranty and Guarantee; Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 30 14 Payments to the Contractor and Completion 33 15 Suspension of the Work and Termination 39 16 Dispute Resolution 41 17 Miscellaneous 41 18 California State Requirements 42 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-CONTENTS GENERAL CONDITIONS OF THE CONTRACT ARTICLE 7 -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 - Racing 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_ 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. 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 `� 1 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, CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 1 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 Feld Orders and ENGINEERS written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3.4b.1 and 3.4b.3 on or after the Effective Dale 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 4.2b.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. 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 ENGINEERS, 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 CONTRACTORS Fee for overhead and profit (determined as provided in Article 112, 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 an 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). DrawingslContract 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 or 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 Architect or Project Administrator, 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. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 2 Field Order-A written order issued by the ENGINEER which orders minor changes in the Work in accordance with Article 9.5 but which does not involve a change in the Contract Price or the Contract Times. 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 . 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. 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 w hen 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. CONDITIONS OF THE CONTRACT GQJI3RARAL CONDITIONS-PAGE 3 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 l: Notice Inviting Bids, Instructions to Bidders, Bid Forms, Agreement, bonds, and certificates; Part It: General and Supplementary General Conditions of the Contract; and Part III: Technical Specifications consisting of the written technical descriptions of 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 ENGINEETj and as evidenced by ENGINEFR'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. Work Chango Directive - A written directive to the CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the IENGINEHt ordering immediate commencement of work on an addition, deletion, or revision of in the Work, or responding to differing or unforeseen physical C conditions under which the Work is to be performed or to emergencies as provided in the Contract Documents. ARTICLE 2 —PRELIMINARY MATTERS CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 4 2A 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: 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: 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 discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the ENGINEER before proceeding with any Work affected thereby; however, the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents, unless the CONTRACTOR knew or reasonably should have known thereof. 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 Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such 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. 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 and 5.5. 2.7 Prcconstruction Conference; 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 5 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 ENGINEF32, and others as appropriate will be held to review for 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 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 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 CONTRACTORS 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 CONTRACTORS Schedule of Values, where required hereunder, shall be acceptable to ENGINEER as to form and substance. ARTICLE —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, 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 furnished 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 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: CONDITIONS OF THE CONTRACT GEN&AL CONDITIONS-PAGE 6 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 (unless 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 E14GINEIER , 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 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, 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 Feld 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 E4GINEER'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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 7 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, (1), 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 seal of the ENGINEER or the ENGINEERS 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 ENGINEERS 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 adaption by the ENGINEER ARTICLE4 —AVAILABILITY OF LANDS; SUBSURFACEAND 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 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, neither the CITY nor the ENGINEER shall be liable for any claims or damages resulting from the CONTRACTORS 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: 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 CONTRACTORS purposes; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or C1 . I 3. Any CONTRACTORS interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 8 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 Rice 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 CONTRACTORS making such final commitment; or 3. The CONTRACTOR failed to give thew ritten 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 ENGINEEF?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 CONTRACTORS 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 CONTRACTOR shall fumish 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 reference 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 grades or locations, and/or relocation because of necessary changes in grades or locations, and shall be responsible for the accurate placement or relocation of such reference points by / professionally qualified personnel. 4.5 Hazardous Waste CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 9 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- 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 CONTRACTORS 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 law which pertain to the resolution of disputes and protests between the contracting parties. 4.6 Asbestos, PCM, 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 (i) 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 (it) 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 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 is 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 (i) nothing in CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 10 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 CONTRACTORS obligations under the Contract Documents. If required under the Supplementary General Conditions, a Correction and Repair 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.Ucensed Sureties and Insurers; Certificates of Insurance: 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. 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 CONTRACTORS 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 Workers Compensation and Employees Liability) shall name the CITY, the ENGINEER, the CrrY's Consultants for the project and their officers, agents, and employees as "additional insureds" under the policies: 1. Workers 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 Workers 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 Workers _ Compensation law_ This policy shall include an "all states" endorsement. The CONTRACTOR shall require / each subcontractor similarly to provide Workers Compensation Insurance for all of the tatters employees to be engaged in such work unless such employees are covered by the protection afforded by the CONTRACTORs Workers Compensation Insurance. In case any class of employees is not protected CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 11 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 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 CONTRACTORS 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 awned, non-owned, or hired. 4, Subcontractors Public_Liability and Property Damag The CONTRACTOR shall either require each of its sub-contractors to procure and to maintain Subcontractors 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 CONTRACTORS own policy in like amount. 5. Builders 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 ENGINEET, 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 value 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 ENGINEH2, and the CITY's Consultants. The Builders 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_ 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, jwith 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 Workers Compensation Insurance, participation in the State Fund, where applicable, is acceptable. b. Insurance policies required hereunder which are required to have the CITY, the ENGINE 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 CONDITIONS OF THE CONTRP.CT GE NEPAL CONDITIONS-PAGE 12 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 purchaser's 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 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, 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 ENGINE 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 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 l __ other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 13 applied on account thereof and the Work and the cast thereof covered by an appropriate Change Order or Written Amendment. b. The CITY as fiduciary shall have power to adjust and settle any less 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 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 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. 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 11 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. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 14 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 1 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. 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, 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 04GINEFR for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTORS 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 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 l 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 (ncluding 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 CONDrr10NS OF THE CONTRACT GENERAL CONDrrIONS-PAGE 15 submit sufficient information to allow the ENGINEER, in the ENGINEB:'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: 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 otherwise 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 of 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 law. The CONTRACTOR shall, to the fullest extent permitted by laws and Regulations, indemnify and hold the CITY harmless the CITY, the ENGINEER, the ENGINEERS 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 ENGINEh 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: 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 lt. 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 toss. CONDITIONS OF THE CONTRACT GENSPAL CONDITIONS-PAGE 16 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 o1 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 ENGINER'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 CONTRACTORS 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 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 maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Feld Orders, and written interpretations and clarifications Qssued 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 ENGINl7=R's review and approval of shop drawings or samples shall not relieve The CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEERS 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. 6,14 Warranty and Guarantee: t 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. CONDITIONS OF THE:CONTRACT GENERAL CONDITIONS-PAGE 17 6.15 Indemnification: a. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify and hold harmless the CITY, the ENGINEER, the ENGINEERS 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 ENGINEER2 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 alter their work with the written consent of the ENGINEER and the others whose work will be affected. c. If any part of the CONTRACTORS 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 CONTRACTORS Work. The CONTRACTORS failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTORS 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, firm or, 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. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 18 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 —C17Y'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. 8.4 The CITY's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph 13.41). 8.6 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, 15.1, and 15.2. 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 CONTRACTORS 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 CONTRACTORS 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 9A 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 CONTRACTORS 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 (n 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 19 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. 9.5 Rejecting Defective Work: The ENGINEER acting through its authorized representative, will have authority to disapprove or reject Work which the ENGINEER believes to be defective, or that the 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 ENGINIER's written decision thereon will be final and binding upon the CITY and the CONTRACTOR, unless within 10 days after the date of any such decision. either the CITY or the CONTRACTOR delivers to the other and to the ENGINEER written notice of intention to appeal from the ENGINFER'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 formal decision in accordance with 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 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 taws or Regulations in respect of any such claim, dispute, or other matter pursuant to Article 16. 9.9 limitations on the ENGINEERS Authority and Responsibilities: a. Neither the ENGINEERS 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. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 20 c. The ENGINEER will not supervise, direct, control or have authority over or be responsible for the CONTRACTORS 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 CONTRACTORS 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 ENGINEERS 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 10.1 General: a. Without invalidating the Agreement and without notice to any surety, the CITY may, at anytime or from time to time, order additions, deletions, or revisions in the Work; such additions, deletions or revisions will 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 or an 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 6.1 Oe 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 are ordered by the CITY pursuant to paragraph 10.1 a; 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 11.1c(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 actualry done or materials or equipment furnished shall be paid for according to the unit price established for such CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 21 work under the Contract Documents, 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: a. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the ENGINEERs 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 Rice, 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 Rice will be the difference between the Contract Unit Rice and the actual unit cost, which will be determined as hereinafter provided, of 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 ENGINEERS 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 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 ENGINEM:rs 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 ENGINEERS Estimate therefor, an adjustment in compensation pursuant to this Section will l not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of 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 Rice as 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 for 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 total pay quantity of the item, including fixed costs. Such actual unit cast 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; 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 Rice. 10.5 Himinated Items on Unit Rice 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 costs 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. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 22 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 adjustments)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 Rice. 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 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 CONTRACTORS 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 CONTRACTORS 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 1. subsistence and travel allowance as specified in paragraph 11.2b(3), herein. CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 23 3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer. 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 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, 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 $lot) 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 return 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_ CONDITIONS OF THE CONTRACT GENBRAL CONDITIONS-PAGE 24 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-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 11.2d, 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 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 fallowing 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. 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 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 Documents and the CONTRACTORS 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 CONTRACTORS Overhead and Profit: a. Work ordered on the basis of 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 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 I' home office overhead. The allowance for overhead and profit will be made in accordance with the following schedule: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 25 Overhead 10 percent Profit 5 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 subcontractor's 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. � 1 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 net 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. 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 the CITY. 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 terns and conditions 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 OF 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 CONDITIONS OF THE CONTRACT GENERAL CONDTIONS-PAGE 26 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. 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 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 O 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 ENGINE FR 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: 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: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 27 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 Laws 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 CONTRACTORS expense unless the CONTRACTOR has given the ENGINEER timely notice of the CONTRACTORs intention to cover the same and the ENGINEER has not acted with reasonable promptness in response to 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 EVGINIEER's observation and replaced at the CONTRACTORS expense. t 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, 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. I 13.7 Correction or Removal of Defective WORK: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 28 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. 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 Rem 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 Rice 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: 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, 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 Rice, 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 and remedies under this paragraph the CITY shall proceed expeditiously. In connection with such corrective and remedial action, the CITY may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTORS services related thereto, take possession of the CONTRACTORS 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 29 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, casts, 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 CONTRACTORS 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 prearrainged 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 CONTRACTORS 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 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 an 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 $6000 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 CONTRACTORS 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 C final payment free and clear of all Stop Notice claims. 14.5 Review of Applications for Pmgrew Payments: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 30 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 presentation of the Application for Payment to the CITY with the ENGINFFRs 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 ENGINEERS 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 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 conditions precedent to the CONTRACTORS 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 15.2a2 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 CONTRACTORS 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 152a2 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 and the CONTRACTOR, when the CONTRACTOR corrects to the CITY's satisfaction the reasons. r' 14.6 Beneficial Use or Occupancy and Partial Utilaafion_ CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 31 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 CONTRACTORS 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 a.m. 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 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 ENGINEEj 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 32 in writing and so inform the ENGINEER in writing prior to the ENGINEER's issuing the definitive Notice of Substantial Completion, the ENGINEERS 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 on 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 Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 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 (m) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop Notices arising out of or filed in connection with the 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 r ` CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (it) 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 33 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 14.11 G, 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 Contract Code 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 waive any and all claims to all monies withheld by the CITY to cover the value of all such uncompleted or uncorrected items. 14.12 Release of Retainage and Other Deductions: a. After executing and recording a Notice of Completion, and not more than 35 days 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 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 14,12a, the amounts withheld pursuant to the provisions of paragraph 14.11c, herein, for 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 withheld by the CITY under the Contract to cover 1.5 times the value of such remaining uncompleted or uncorrected items. 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 CONTRACTORS final Application for Payment and recommendation of the ENGINEER, 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 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 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 ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONDITIONS OF THE CONTRACT G04MAL CONDITIONS-PAGE 34 14.13 CONTRACTOR's Continuing Obligation: The CONTRACTORS obligation to perform and complete the WORK in accordance with 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 Completion/Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Contract Documents, nor 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 CONTRACTORS obligation to perform the WORK in accordance with the Contract Documents, 14.14 Waiver of Claims: 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 b. 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 which 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 a5 provided in Articles 11 and 12. 152 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 Qnoluding, but not limited to, failure to supply sufficient skilled 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 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 35 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 the requirements of the Contract Documents-if the CONTRACTOR fails to remedy 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 CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the Work and of all of the CONTRACTOR$ 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), 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 to receive any further payment until the Work is finished. If the unpaid balance of the 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 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 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. c. Where the CONTRACTORS services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability. 15.3 Termination of Agreement by the CITY (For Convenience): Upon 7 days' written notice to the CONTRACTOR, and the ENGINE 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 t 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 Application for Payment within 30 days after it is submitted, or the CITY has failed for 30 days to pay the CONTRACTOR any CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 36 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 CONTRACTORS stopping Work as permitted by this paragraph. ARTICLE 16 --DISPUTE RESOLUTION 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 resolution under the fallowing provisions and the provisions of Article 18.18, herein. b. No demand for arbitration or litigation maybe 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 9.8a. 2. The sixty-first day after the date of the ENGINEERS 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 ENGINEERS 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 respect of any dispute. I I 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 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 applicablejurisdiction, 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: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 37 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 CONTRACTORS 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 CONTRACTORS 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 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 101 Stafa•Y!lagra Patam�ir�akionc' a. uired by Sections 1770 and following, of the California Labor Code TRACTOR shall pay not less than the rate of per diem wages as determined by th ctor of the Califamia Department of Industrial Relations. Copse revailing rate of per die es are on file at the office of the CITY, which copies shall be made available to any d request. The CONTRACTOR shall post a copy of such determination at each job site. b. The CONTRACT as a penalty to the CITY, forfeit $50.00 for lendar day, or portion thereof, for each wo id less than the prevailing rates as determined by the Director for su or craft in which $u er is employed for any public work done under the contract by him or by any subcontrac 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. I b. Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification: CONDITIONS OF THE CONTRACT GENE34L CONDITIONS-PAGE 38 "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. 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 on 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 CIIYs governing body, the CITY will file, in the County Recorders 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 became 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 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: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 39 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 under the Contract. At the request and expense of the CONTRACTORZ, 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 a 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. 18.10 Public Works Contracts;Assignment to Awarding Body; 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 to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to 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: In accordance with Section 4562 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 filial 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 tabor 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 40 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. 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 days 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. g. 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 Compliance" 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 the 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 failure 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: 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 6705 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: CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE41 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 Cade, 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, 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 w ork. In, 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 the 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 permit the CONTRACTOR to do such repairs or relocation work at a reasonable price. 18.17 Contracts for Digging 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 (Scats, 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 Claims: a. As required under Section 20104, et seq_, of the California Public Contract Cade, 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. 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 42 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 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-PAGE 43 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 In addition to the definitions in the provisions of Article 1 of the General Conditions, the following respective definitions shall apply: Consultant-the architectural firm and its designated representatives acting on behalf of the City of Palm Springs as its authorized representative within the scope of authority defined in their contract with the City. Contractor-The word Contractor shall refer to the General Contractor. Engineer-The word Engineer shall Project Administrator. Project Representative - The word Project Representative shall refer to the Project Administrator, or such other person or entity as maybe subsequently designated by the City in writing to the Contractor. Said Project Representative shall be the entity through whom all liaisons between the Contractor and the City shall be directed. Working Day-A Working Day is defined as any day, except as follows: (1) Saturdays, Sundays, and any legal holiday officially observed by the City of Palm Springs. (2) 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 a least 60 percent of the total daily time being currently spent on the controlling operation or operations. Article 2 -preliminary Matters 2.2 Copies of Documents - Revise the number of copies of the contract documents to be (2) �1 CZ0CUMENTS AND SETTINGS\ALLENS\LOCAL SETTINGS\TEMPORARY INTERNET FILES\0LK11\CITY'S SUPPLEMENTARY GENERAL CONDITIONS.DOC copies in lieu of(5) copies. i 2.3 Commencement of Contract Times: Notice to Proceed Delete the following___" or, if no Notice to Proceed is issued, on the thirtieth day after the Effective Date of the Agreement-" 2A Starting the Project: Delete entire paragraph. 2.5 Starting the Work: Revise to read:The CONTRACTOR shall start to perform the Work on the date authorized by the Notice to Proceed, but no Work shall be done at the site prior to the Notice to Proceed. 2.8 Initially Acceptable Schedules: In this section, substitute the words PROJECT REPRESENTATIVE for the word ENGINEER. 2.9 Legal Address of the City:The official address of the Cityshall be the Cityof Palm Springs, 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262, or such other address as the City may subsequently designate in written notice 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 drawings, hereby made a part of these Contract Documents, as listed on Sheet Number A 0.0.1 of the Drawings entitled,"Palm Springs CONVENTION CENTER PHASE II—KITCHEN BUILD-OUT,"dated prior to the date of opening bids. Drawing changes made subsequent to the date of the opening bids shall only be issued under a Change Order, as provided in Article 10 of the General Conditions. The following Article 3.7 shall be added to the General Conditions: 3.7 Scope: (a)The Work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, and manufactured articles and for furnishing all transportation services,and 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 C'%DOCUMENTS AND SETTINGSWLLENS\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK11\CITY'S SUPPLEMENTARY GENERAL CONDITIONS.DOC -2- ' 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. (c) The work will be performed within the Convention Centerwhich shall be fully operational. Work may not interfere with the operations of the Convention Center and Contractor shall be responsible to coordinate all work with the Convention Center Schedule. Any extremely loud construction activity, such as jack-hammering, will not be conducted so as to interfere with Convention Center activities- (d) Some of the Kitchen Equipment will be provided by the owner. Contractor shall be responsible for all required coordination so as the insure proper delivery by suppliers of said owner supplied equipment.Contractor shall be responsible to install all owner supplied kitchen equipment unless otherwise so noted on the Plans and specifications.There may be other contractors working on other projects on the site and Contractor shall coordinate with other said contractors on-site to insure smooth working conditions. Article 5 - Bonds and Insurance 5.1 Performance and other Bond Amounts: (a) The Contractor shall furnish a satisfactory Performance Bond and a Payment Bond,each in the amount of 100 percent of the Contract price. 5.2 Bonding Company Waiver of Right of Notification. The Contractor shall assure that its bonding company is familiarwith all of the terms and conditions of these Specifications,and shall obtain a written acknowledgment bythe Bonding Companythat 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 Contract by the City or any of its authorized representatives. 5.3 Insurance Amounts: The limits of liability for insurance as required by Article 52 of the General Conditions shall provide coverage for not less than the following amounts orgreater where required by Laws and Regulations: 1. Worker's Compensation: Under Article 5.2b.1 of the General Conditions: (a) State: Statutory Amount orrrdnimum of$1,000,000 (b) Employer's Liability $ 1,000,000 2. Comprehensive General Liability: Under Article 5.2b.2 of the General Conditions: (a) Bodily injury (including completed operations and products liability and wrongful death); $1,000,000 Each Occurrence $3,000,000 Annual Aggregate CADOCUMENTS AND SETTINGSkALLENS\LOCAL SETTINGSITEMPORARY INTERNET FILES\OLK11UTYS SUPPLEMENTARY ( GENERAL CGNDITIONS.DOC -3- Property damage: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate (2) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. (3) Personal injury, with employment exclusion deleted. $1,000,000 Annual Aggregate $1,000,000 Annual Aggregate 3. Comprehensive Automobile Liability: Under Article 6.2b.3 of the General Conditions: (1) Property damage $1,000,000 Each Occurrence or a combined single limit of$1,000,000. (2) Bodily Injury (Including Wrongful Death) $1,000,000 Each Occurrence $1,000,000 Each Person $1,000,000 Each Occurrence or a combined single limit of $1,000,000 4. Builder's Risk: 100% of Contract Price 5. Provide Certificate(s) of Insurance naming the CITY OF PALM SPRINGS as additional insured. Article 6 -The Contractor's Responsibilities 6.5 Permits, License Fees, and Royalties The following subparagraphs"d", "e,"and"f,"are hereby added to Article 6.5 of the General Conditions: (4) 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 fora 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. C:\DOCUMENTS AND SETTING&ALLENSILOGAL SETTINGSITEMPORARY INTERNET FILES50LK11\CIT1"S SUPPLEMENTARY 1 GENERAL CONDITIONS.DOC , 4- (5) 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 permitfees 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. (6) 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 the section entitled "Temporary Environmental Controls." ARTICLE 9 -THE ENGINEER'S STATUS DURING CONSTRUCTION 9.1 The word ENGINEER shall mean Project Administrator for Articles 9.2, 9.3 and 9.4° 9.1 The word ENGINEER shall be defined in ARTICLE 1 for Articles 9.5, 9.6, 9.7, 9.8 and 9.9. ARTICLE 10 -CHANGES IN THE WORK 10.2 Allowable Quantity Variations: Deleted (UNIT PRICE JOBS ONLY). 10.3 Increases of More than 25 Percent: Deleted (UNIT PRICE JOBS ONLY). 10.4 Decreases of More Than 25 Percent: Deleted (UNIT PRICE JOBS ONLY). ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION: 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 the 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. C:\DOCUMENTS AND SETTINGS\ALLENS\LOCAL SETTINGSREMPORARY INTERNET FILES\OLK11\CITY'S SUPPLEMENTARY GENERAL CGNDITIONS.DOC - -S AED Green Book, 48t' Edition, 1997 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 951 1 0-1 3 1 3; telephone (800) 669- 3282. ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.2 Unit Price Bid Schedule: Deleted_ 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: 1. 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. 2. The City reserves the right to reinstate up to 20 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 a new subparagraph (3), as follows: (3) For all long lead purchases of electrical and mechanical building equipment that has been delivered in accordance with project schedules and approved by Project Representative 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 compensation thereof,whose value is less than $5,000. ARTICLE 18—California State Requirements 18.1 Prevailing Wage Rates Not Applicable. Funding for the Work is with all local funds and, as provided underthe City Charter,will NOT require compliance with the prevailing wage requirements of the Stat of California. END OF SUPPLEMENTARY GENERAL CONDITIONS C:\DOCUMENTS AND SEITINGS\ALLENS\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK11\CITY S SUPPLEMENTARY �r GENERAL CONDITIONS.DOC _`s; CITY OF PALM SPRINGS AVIATION DEPARTMENT PART III - APPENDICES AIRPORT COURTYARD LANDSCAPIING CITY PROJECT NO. 06-22 APPENDIX "A" Special Security Provisions APPENDIX "B" Special Bidding Information Airport Courtyard Landscaping CITY PROJECT NO,06-22 PART III Appendices 01/03/07 APPENDIX A Special Security Provisions Proiect_Specifc Notes: 1. Shared Site: The Landscape Contractor will be working on a site that has already been established by a constriction contractor who is already working on the site. 2. Fencing: The work site is completely fenced-off from the remainder of the airport. As such, those working within the site do not need to meet the following security requirements. 3. Transport to the Site: The contractor will have to have staff that do go through the following security program, so as to bring the workers into the site and return them to off-airport after the work day. They will also be responsible to meet all deliveries and escort them to and from the secure site. Company vehicles necessary to perform the work will be allowed on the secure site, all personal vehicles will be parked just south of Kirk Douglas Way. AIRPORT SECURITY. Criminal History Records Check (CHRC) - The Contractor will be required to submit to the Sponsor prior to the commencement of construction, a letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint based Criminal History Records Check (CHRC) and/or an employment history verification. Employment history verification records and/or CHRC results must be made available to the Sponsor or the Transportation Security Administration (TSA) and/or Federal Aviation Administration (FAA) immediately upon request. Under certain circumstances, and out of control of the Sponsor, security measures may change on short notice. No deviations from any security measure shall be allowed at any time. Restricted Area Access — All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based Criminal History Records Check (CHRC). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual's application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows-- (1) Forgery of certificates, false marking of aircraft, and other aircraft registration violation; 49 U.S.C. 46306. (2) Interference with air navigation; 49 U.S.C. 46308. (3) .improper transportation of a hazardous material; 49 U.S.C. 46312. (4) Aircraft piracy; 49 U.S.C. 46502. (5) interference with flight crew members or flight attendants; 49 U.S.C. 46504. (6) Commission of certain crimes aboard aircraft in flight; 49 U.S.C. 46506. (7) Carrying a weapon or explosive aboard aircraft; 49 U.S-C. 46505. (8) Conveying false information and threats; 49 U.S.C- 46507. (9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S-C. 46502(b). (10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315. (I1) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314. (12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. (13) Murder. (14) Assault with intent to murder, (15) Espionage. (16) Sedition. (17) Kidnapping or hostage taking. (18) Treason. (19) Rape or aggravated sexual abuse. (20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon. (21) Extortion. (22) Armed or felony unarmed robbery. (23) Distribution of, or intent to distribute, a controlled substance. (24) Felony arson. (25) Felony involving a threat. (26) Felony involving-- (i) Willful destruction of property; (ii) Importation or manufacture of a controlled substance; (iii) Burglary; (iv) Theft; (v) Dishonesty, fraud, or misrepresentation; (VI) Possession or distribution of stolen property; (vii)Aggravated assault; (viii) Bribery; or (ix) Illegal possession of a controlled substance punishable by a maximum term of irnprisonment of more than 1 year. (27) Violence at international airports; 18 U.S.C. 37. (28) Conspiracy or attempt to commit any of the criminal acts listed in this paragraph (d). Secured Area Access — All Contractor personnel who require unescorted access to the Secured/Non-Restricted area of the Airport, prior to the issuance of an Airport Identification badge must submit to the Sponsor an employment history verification for the past five (5) years preceding the date the access investigation is initiated. The employment history verification must comply with the requirements of the Sponsor, which includes, but is not limited to: The entire 5 years must be accounted for with no gaps greater than 12 consecutive months. Employee Security Badges - All Contractor personnel who require access to certain secured and/or restricted areas of the Airport must obtain, and conspicuously display on their person at all times when they are within these areas, an Airport issued security identification badge. The appropriate badge may be obtained at the Airport Operations Center located in the terminal building. The cost for each identification badge is $36.00. Each CHRC also costs $36.00. Stolen and/or lost identification badges are subject to a $52.00 replacement fee. All badges are to be returned to the Sponsor upon completion of the project. In order to obtain a Secured Area identification badge, each Contractor employee must have satisfactorily completed the aforementioned CHRC and successfully completed a required 2-hour training class on airport security. Attendance of the class and subsequent issuance of the security identification badge may take longer than 3 hours per person. Perimeter Security Gate Access - During the course of the project, the Contractor may be allowed to use only one (1) perimeter gate for access. The Engineer shall approve this access gate and associated haul roads. The Contractor will be required to guard this gate at all times while the gate is open or unlocked. The Contractor and the Contractor's badged gate guard are responsible for all persons accessing the airport through the Contractor's secured gate. The Contractor's gate guard shall deny access to all individuals that do not have displayed on their person an Airport issued security identification badge for those areas that the display of such badge is required or written Airport authorization for those areas that the display of such badge is not required. Vehicles and Equipment - All licensed vehicles operated on airport property are required to have conspicuously posted on said vehicle a vehicle permit issued by the Airport. This vehicle permit shall hold the Contractor responsible for both the vehicle and all personnel within the vehicle while the vehicle is on airport property. All vehicles and equipment shall be identified with appropriate company signage on each vehicle and display in full view, and at all times, a 3 foot by 3 foot flag with 1 foot checks of international orange and white. Operators of said vehicles shall have successfully completed an Air Operations Area (AOA) driving test. The AOA test call be administered during the security training class. All violations of Airport security are also violations of the City of Palm Springs Municipal Code 11.33.052, California Vehicle code and/or the Code of Federal Regulations_ Airy such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. 1-ittp://www.palmspriil,-sairport,corn/ops securityhtml APPENDIX "B" Special Bidding Information scope: The work to be bid by the contractor shall include labor, materials and equipment to complete the fine grading, site drainage system, landscape lighting, water feature, boulders, irrigation and landscape materials as called for in the plans and specifications. Please note that safety lighting, a trench drain, and concrete flat work are shown on the drawings but are not a part of this bid. Palm Trees: Please note that eleven filifera palm trees have been transplanted from the construction area to the Airport growing area located on Kirk Douglas Way, south and east of the site. These palms are to be utilized by the contractor and planted as indicated on the plans Sheet L07.03. by the contractor at contractor's expense. Ligbtin2: The safety lighting is the Louis Poulson #SATT-MN-1/100W fixture; which is being supplied and installed by others. Boulders: Please note that boulders that are called out on the drawings as 5.5' or less are already owned and on airport property. These boulders are to be transported and placed by contractor at contractor's expense. All other boulders shall be provided as noted on the drawings. Water Feature Bidding�I iformation: 1. Base Lump Sum Bid: The contractor shall include the cost of constructing the water feature that is depicted on Sheet L05.03 in the lump sum bid price. 2. Deductive Price: Contractor shall offer a deduct should the City decide not to include the water feature at this time. Deductive Price shall be written on the Deductive Bid Sheet provided. 3. Landscape Allowance. When offering the Deductive Price Contractor shall leave an allowance of$7500 in the base bid to cover cost of landscaping the area where the water feature would have gone.