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Home My WebLink About04741 - BE MCMURRAY CONSTRUCTION AIRPORT TSA SECURITY BAGGAGE CP03-07 DOC 'N 2004-039SOOS 05/26/2004 08:00A Fee:7.00 Pape 1 of 3 Recorded in Official Records CAunty'of Riverside Gary L. Orso Assessor, County Clerk & Recorder IIIIIIIIIIIIItIIIIIIIIIIIIIIIIIIIIII IIIII III III M 5 U PAGE SIZE pA POOR NOCOR SMF MISC. Return To: City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 A LR L COPY LONG REFUND NCHG NOTICE OF COMPLETION NOTICE IS HEREBY given that: AJ 1. The City of Palm Springs, California is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 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 May 14,2004. 5. The name of the contractor(if named)for such work of improvement was: B.E. McMurray Construction, Inc. 6. The public work improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Transportation Security Administration Baggage Area, City Project #2003-07 7. Nature of Interest: Fee Ownership 8. The property address or location of said property is: Palm Springs International Airport, 3400 E Tahquitz Canyon Way, Palm Springs, CA 92262{Insert Address of Project} 9. City Project No: Agreement No: Resolution No: 2003-07 4741 20616 DATED: CITY OF PALM SPRINGS May 14, 2004 By: Director of Aviation PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corp on; he h=er of Completion, and knows the contents thereof, and that the fa s stated therein e e makes this verification on behalf of said municipal corporatio . C Index No. R.\data\TSMEDS_Phase II\Building_Encapsulation\McMurray_Notice of Completion 5-14-2004.wpd CHANGE ORDER NO. 3 PROJECT TITLE: TRANSPORTATION SECURITY ADMINISTRATION BAGGAGE AREA CITY PROJECT NO. CP2003-07,A4741 CONTRACT DATE: July 15, 2003 CONTRACTOR: B.E. McMurray Construction, Inc The following changes are hereby made to the Contract Documents: 1. Addition: Labor rates to be in accordance with federal Davis-Bacon and/or state prevailing wages, which ever is higher. 2. Addition:Passenger screening checkpoint modifications. Justification: 1. Subsequent to the project being advertised for bid, the Federal Aviation Administartion (FAA) advised that the project could be reimbursed by a future Airport Improvement Program (AIP) grant, which would cover 95% of the cost(see Attachment 1,$23,000). 2. Due to the requirements of the Transportation Security Administration(TSA) for passenger screening, additional space is needed to provide for adequate screening(see Attachment 2,$13,765.30). CIANGE TO CONTRACT PRICE Original Contract Price: $466,000.00 Current Contract Price, as adjusted by previous change orders: $537,830.85 The Contract Price due to this Change Order will be increased by $36,765.30 The new Contract Price due to this Change Order will be: $574,596.15 CHANGE TO CONTRACT TIME The Contract Time will be increased by 45 calendar days.End of Contract date is January 6,2004. Approvals Required: To be effective,this order must be approved by the City of Palm Springs if it changes the scope of the objective of the project,or as may otherwise be required under the terms of the Contract Documents. Requested by 't 01 S '�' �"��"'—'� date Mince N Williams,A.A.E.,Deputy 6iro for-Operations Requested by L�`� r'_�� date -S 1 C Richard S Walsh,A.A.E.,Executive Director-Airports yW7v�lY1't� �{W CHANGE ORDER NO. 3 Ordered by ` 7 �� date City of Palm Springs Accepted by date B.E.McMurray Construction,Luc. R:\data\TSA\EDS_Phase II\Builduig_Encapsulation\CP_2003-07 Change Order 3.doc 02702/2004 13:13 9099236854 BE MCMURRAY PAGE 01 B.E. McMurray Construction Inc. $PATE LICENSE A 664182 P,O.90X 1452 UPLAND,CA 91785 (9001933-0091 FAX(909)88&9472 Palm Springs International Airport TSA Baggage Claim Date: . •�'a City of Palm Springs_ FAX T R A N S M I T T A L JqF PALM SPRENGS ©SAUNDERS&MCMItLIN,INC. 83812fex760W3163815 90SM88-0950 fax 90aroWS824 e illiWhs,AAE GENSLER ARCHITECT ❑UNITED MECHANICAL CONT- 310/44946W faX 3101449.5860 805558-2502 fmc 8051562-1128 ❑Gary Golden ❑SUPERIOR ELECTRIC ❑ALERT INSULATION 909(988-1420 FAX W97724829 62SWI-9113 fgx 626133.3-Mb ❑DRYDEN GLASS CONTRACTORS l 909/s80.0227 fax 909MO-1397 ❑RON WILLIS LATHING,INC. ❑ 909/484.8578 c RE: Number of Pages Including Cover re:❑Vile SIGNED: ❑Field N DENNIS KUYKENDALL,Project Manager ❑ ❑CAL PULLEY,Superintendent 02702/2004 13:13 9099236854 BE MCMURRAY PAGE 02 91/30/04 M11 PAZ supERiOR RLECTRIC i�001 1024 W.6NME Ma OrAmb,Ct 80il9 1420 Fax G09-986-1260 l�. ftx S Gwrxp BE hmuuw From Ifte Carop m Tog Dennis Kuykendall Pngew 1 Fac WO.9231-MA }fir 1MMODA Res Peke Spdnpe Airport M Ct Urporlt CI Frwr Review ❑Plea"Comment Cf Pkvum Repty ❑Ph=e RvOM IO Don* Ptr your requeet,N the Palm Springs Alwd p"oct Were Ao be rhmged to corbTied payroll the additional cast to tho ellerd would be M000.00- Our original bld had an estimatod Wmr cad of$82,700.00 and material of$26,10O.00 Thank you, M.Caroorio 02/16/2004 08:34 9099236854 BE MCMURRAV PAGE 01 B.E. McMurray Construction Inc. STATE LICENSF S 554102 P.O.BOX 1452 UPLAND,CA 91795 (909)033-0091 FAX(900)053-8472 Palm Springs International Airport TSA Baggage Claim Cafe: ' City of Palm Springs _ FAX T R A N S M I T T A L CITY OF PALM SPRINGS ❑SALINDERS&MCMILLIN,INC. 760/318.3812 fax 7P0/318-3815 909I688-0950 fax 9DWOOIJ-5824 A tl�60ke N.Wifliams,AAE T6�+ G_ENSLER ARCHITECT ❑UNITED MECHANICAL CONT, 310/44S•5800 fax 3101444-5850 805/558-2502 fax B05/582-1126 ❑Gary Golden []SUPERIOR ELECTRIC ©ALERT INSULATION 909M8-1420 FAX 90VM-6629 626"1-9113 fax 626/333-0978 ❑DRYDEN GLASS CONTRACTORS 9091900-0227 tut W9/980A397 RON WILLIS LATHING,INC. ❑ 909/48"578 RE: 4 +—""� Number of Pages Including Cover "! a ce.❑File SIGNED: (9 DENNIS KUYKENDALL,ProjeO Manager (�CAL PULLEY,SLPedn%ndent 02116/2004 08.34 9099236654 BE MCMURRAY PAGE 02 B. E. MURRAY CONSTRUCTION, INC DATE: 2/13/2004 Palm Springs International Airport CHANGE REQUEST# 017 Baggage Area Modify e3deting facilities for proRosed Lane # 3 configuration per attached sketch dated 4-9-04. SPEC. DESCRIPTION QUANTITY UNIT COST B.E. McMurr@y Construction Modify existing casework and provide demo and modifications for installation of new glass systems 5,500.00 DRYDEN GLASS $ 6,312.00 Modify welsting glass system and provide additional glass systems. NOTE: Added glass systems shall match existing lass systems as close as possible. Unable to make exact match of existin lass Systems. Chan a In Contract time to facilitate additional sco a of work Subtotal $ g1,7712M OH/P 15°10 $ Bond 2% $ 181.50 TOTAL $ 13,755.30 )L110r-0. Elaf mr, rr C�Lltr1 r /rrq�S pr�l hreW (wtsWt/l�'FFtG� 9 N m 3� New glosl �+,ic(editr�� ,2 . `��/p f-.,-- `/. (�,..�/sj� aver. cx��-1•: Sfic�.6 t.�fV Jc�• l;e�+oW� 9l.ee �a••ie.l o 3 �S R.eor+au.e cirawE�-� � doors !o. 36a �, sz6 I E4eF,{ Aafa [e6(as CD ^' a cave... �j (f r �j/ug Sfr�O 'fD W.�j�o� �11 't'C�- 1�r►Fli Y��tAC3�jr srr,b W�+Vi 4-e-9 m n 0441 w..11 dart Gcw..b�# Gc l PJ� Ay. 9 376 S)S� m m W CHANGE ORDER NO. 2 PROJECT TITLE: TRANSPORTATION SECURITY ADMINISTRATION BAGGAGE AREA CITY PROJECT NO. CP2003-07, A4741 CONTRACT DATE: July 15, 2003 CONTRACTOR: B.E. McMurray Construction,Inc The following changes are hereby made to the Contract Documents: 1. Deletion:Removal of concrete pad in baggage area#4. 2. Addition:Provide new 277/480 electrical service for baggage conveyor belts. 3. Addition:Provide and install conduit and wiring for condensate pump. 4. Addition:Additional electrical outlets for baggage screening equipment. 5, Addition: Additional cord drops and electrical service for baggage screening equipment. 6. Addition:Removal of existing overhead door and installation of finished metal stud wall. 7. Addition:Extension of metal stud wall and finish for baggage area 95. 8. Addition:Installation of view portals in metal doors. 9. Addition:Installation of roof mounted exhaust ventilator. 10. Addition: Demolition of existing walls to allow for three (3) framed openings to accommodate baggage inspection in accordance with TSA requirements. Justification: 1. The project drawings showed a new concrete pad to be installed in baggage area #4. There is an existing concrete slab which meets the requirements and does not require removal(see Attachment 1, ✓ ($923.16)). 2. Due to the need for motorized baggage belts, additional electrical service was required (see Attachment 2,$19,941.00).t/ 3. The condensate pump and associated conduit and wiring for Fan Coil Unit(FCU) 42 was note shown on the plans (see Attachment 3,$484.93). 4. In response to a request from the Transportation Security Administration(TSA),additional outlets for baggage screening equipment was added(see Attachment 4,$1,169.93).' 5. In response to a request from the Transportation Security Administration (TSA), additional electrical cord drops were added for baggage screening equipment(see Attachment 5,$6,330.31).- 6. An existing overhead roll-up door in baggage area #5 required removal and was not shown on the plans(see Attachment 6,$1,263.32). ✓ 7. The soffit and wall finish area for baggage area #5 did not have a detail provided in the project plans (see Attachment 7,$4,162.97. V S. Due to safety concerns, view portals were added to metal doors. Portals were not shown on project plans(see Attachment 8,$978.00). 9. Due to heat generated by the HVAC unit in this area, a roof mounted exhaust system is required to avoid long-term damage to the equipment(see Attachment 9,$18,161.00). V 10. In order to allow for timely processing of passenger baggage in accordance with TSA protocols, an additional opening to an existing baggage belt was required. The pecessity for this work occurred after construction was underway (see Attachment 10,$9,256.55). CHANGE TO CONTRACT PRICE Original Contract Price: $466,000.00 CHANGE ORDER NO. 2 Current Contract Price, as adjusted by previous change orders: $477,006.00 The Contract Price due to this Change Order will be increased by $61 i$A1 The new Contract Price due to this Change Order will be: $Qq 01 " CHANGE TO CONTRACT TIME The Contract Time will be increased by 30 calendar days.End of Contract date is November 13, 2003. Approvals Required: To be effective,this order must be approved by the City of Pahn Springs if it changes the scope of the objective of the project,or as may otherwise be required under the terms of the Contract Documents. � � a Requested by ✓'�1�`'i �' `°' „^,-�""�'' date MikeyN Williams,A.A.Ei Deputy Director-Operations Requested by y7 "y 'h —'4 I' date - ,,.��—'a�4z,�.,� e All :°Sin—o�ot%A.A.E.,Executive Director-Airports Ordered by �..�"� 't./'✓�_"' date of Palm Springs � D Accepted by &- "a-� date �NIcIVI'army Construct,,:,Inc. ,4.' (tv�4 qlq R:\data\TSA\EDS_Phase II\Building_Encapsulation\CP_2003-07 Change Order l.doc � l l B. E. McMURRAY.CONSTRUCTION, INC DATE: 11/14/2003 Palm Springs International Airport CHANGE REQUEST # 001 Baggage Area Delete concrete pad for CTX equipment at Baggage area #4 SPEC. DESCRIPTION QUANTITY UNIT COST B.E. McMurray Const. Labor to form/pour/finish 16hrs $45/hr $ (720.00 Material 1 yd conc $65 $ 65.00 Change in Contract time to facilitate additional scope of work Subtotal $ 785.00 OH/P 15% $ 117.75 Bond 2% $ (20.41) TOTAL $ (923.16) �© 5 CN 0 i w 9� of C/) —011 ul i { : 16 6 107 El c i 17 BAGGAGE AREA NO, 4 2 7 106 1 \� AV.0 m L J 9 s s t f 8 4 BA GE � REA N0. A 05 _ 7 —3 TYR y5?2 fs A L CONC, PAD C R C LER N E 2) COL NS ❑ '�Z 11/20/2003 12:49 909-923-6854 S.E. MCMURRAY CONST PAGE 02 B. E. McMURRAY CONSTRUCTION, INC DATE: 11/20/2003 Palm Springs International Airport CHANGE REQUEST # 00611 Baggage Area Per RFI's 007 & 014 Provide & install new 277/460v panel, conduit &wire to supply ower for new conveyors in baggage areas. Power to be supplied from wcistino Mamp switch ear located in electrical room behind ticket counters. New panel located in Delta Airlines baggage area. SPEC. DESCRIPTION QUANTITY UNIT COST - Superior Electric Reduced cost $ 17,000.00 per Superior Change in Contract time to facilitate additional scope of work 5 days OHIP 15% $ 2,550.00 Bond 2% $ 391,00 TOTAL $ 19,941,00 114204'2003 12:49 909-923-6854 B.E. MCMURRAY,CONST PAGE 03 vNr oar uu u►:yn rnn _ sur'k+4cL�rc.CJL!O .LOA "--- Tel: (9o9) 988-1420 Fax: (909) 989-1260 C-10 0795434 Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 1 of a B.E McMurray Construction I»voinaik: 03425-05 P 0 Box 1452 Involve Dater 0912470M Upland,CA91M Due pate: 101242t103 CustomerlD:BEMGMURHAY Contact; Dennis ttuykendall Job! Palm SPNngs Alrport Phone#: (909)933-409t Ext: Jab#:0&425 Fax A: (909)988�5472 Work Performed: Provide and Install a now 2771480 volt panel to supply power for now conveyers in baggage area.Power will be supplied iron tin existing 800 amp sw8ohgear aaetlon with a spare 225 amp breaker located In electric] room behind tlekel counlera.The now panel will be located Deslde the two new panels that were installed by Delta Alrllnes baggage area. Item Description Glty Price Total 1005 2' EMT 270,00 671.78 C 1,843,81 1441 2"RT Steel Conn 4,00 2,636.62 C 105,41 1401 2188 Steel Conn 4.00 1,410,46 C 56.42 1521 2'SS Steel Cplg 19.00 1,602.60 C 285.49 1541 2"RT Steel Cplg 8.00 2A62,76 C 197,02 2182 2" Unisirut Clamp-CMT 24.00 315.80 C 91.58 5966 12 Gauge 1.518 x 1.6/S Chanel 10.00 809,44 C 60,94 7320 1213auge 1.518 x 13116 Channel 10,00 9WA8 C 95.92 7337 1/4x4 Toggle Bolt 16.00 50.74 C 8-12 1607 2"Grounding Bushing 2.00 9.84 E 19.68 1597 2"LB Condulet w/Govor 8 gasket 3.00 ag.18 E 297.54 21509 #0/OTHHNCUSIrandedWire 1,140.00 3,932.00 M 4,482.48 2502 #6 THHN CU Stranded Wire 2es.00 720,72 M 205.41 3599 225A 42P 3P4W P77/480V MLO Pnlbd Inter. 1,00 1,762,1$ is 1,702.18 Oslo 400A42P277/480VMLONCSPubdFront 1,00 221.00 E 221,00 3702 15A 317 277V Boll-On Circuit Brooker 6.00 213.50 E 1,311.0D 3735 30A 3P 277V Bolt-On Circuit Breaker 3,00 23$,50 E 700.50 Material$ubtotal: 11,464,86 **'CONTINUED**' Customer Copy ,(dop a�woRfnp 'Lt )1 os'aae's :,e4.j es•Rss DO'S44'B Mwas a d8-)Ptw MOMS jags l DO'SrR5S H 9R'SS LE•It09'ER 00'004 ---__ :pugsly uQwRawnoF OOR� sc'ua 96'944'4 ''A9L'4 6 U.L aalag xOW% s dn•)Mw Igoy�""'— gaud uo ��n ~wep 9W�Li CD :Eaalonul 9tK0° F RRedRly a6apdg wled :4oF L1•o z ae� w -- esuoya iod isept� Z9L T6 V'O 'ous�up `LZ8 i xog O d :oa 3nua� T'�t'S6L#f OI-O I- 0-9z 886 <,Sflo) :XU-4 02E-t-3S6 C605) -TaZ Pa 3Jtid 15NOJ ht/21cyf1WpW ':3 gA 4R INA]1C --. b989-EZ6-69�� _ st,:zt '- r IC • � Y '�V��V�VV \�V �� •� B. E. McMURRAY CONSTRUCTION, INC DATE: 10/14/2003 Palm Springs International Airport CHANGE REQUEST # 008 Baggage Area Provide and install conduit and wire to supply ower for condensate pump on HVAC unit FCU#2. No power shown on plans for pump unit. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 429.93 Change in Contract time to facilitate additional scope of work 0 day OH/P 15% $ 48.00 Bond 2% $ 7.00 TOTAL $ 484.93 Superior Electrical Contractors 01V7 1024 West Brooks Street Ontario, CA 91762 Tel: (909) 988-1420 Fax: (909) 988-1260 `\ Lie. No. 795434 C� Change Order PROJECT: CHANGE ORDER NL�R07' Palm Springs Airport DATE: 10-6-03 3400 Tahquitz Canyon Way JOB NUMBER:03-425 Palm Springs,CA CONTRACT DATE: 7-15-03 CONTRACT FOR:Electrical TO CONTRACTOR: B.E.McMurray Construction Inc. P.O Box 1452 Upland,Ca. 91785 The Contract is changed as follows: Supply power for pump on unit FCU#2. The original(Contract Sum) was $ 76,000.00 Net change by previously authorized Change Orders $ 28,617.24 The(Contract Sum)prior to this Change Order was $ 104,617.24 The(Contract Sum)will be(increased)by this Change Order in the amount of $ 429.93 The new(Contract Sum)including this Change Order will be $ 105,047.17 The Contract Time will be(increased)by (0)days. The Date of Substantial Completion as of the date of this Change Order therefore is NOTE: This document must be signed by the General Contractor prior to Superior Electrical Contractors commencing with the above described work. SUPERIOR ELECTRICAL B.E McMurray Construction Inc CONTRACTORS Michael Gargano Mr. Dennis Kuykendall Address Address 1024 West Brooks Street P.O.Box 1452 Ontario,CA 9 62 Upland,Ca. 91785 BY: BY: DATE: /O - OCT'os DATE: J P' Y Y Tel: (909) 988-1420 r. Fax: (909) 988-1260 C-100795434 Y ( Y Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Pagel of 2 B.E. McMurray Construction Invoice#: 03-425-07 P O Box 1452 Invoice Date: 1 010 9/2 0 03 Upland, CA 91785 Due Date: 11/08/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909) 933-0091 Ext.: Job#: 03-425 Fax#: (909) 988-8472 Work Performed: Supply and install new conduit and wire to supply power for condensate pump on unit FCU#2.There was no power shown on the plans for pump unit. Item Description Qty Price Total 1000 1/2" EMT 20.00 84.62 C 16.92 1516 1/2" SS Steel Cplg 3.00 144.90 C 4.35 1121 1/2" Steel Flex 5.00 68.52 C 3.43 1396 1/2" SS Steel Conn 1.00 111.88 C 1.12 1798 1/2" Steel Squeeze Flex Conn 2.00 340.20 C 6.80 2407 4" Sq Box/1-1/2"D/Comb KO 1.00 374.58 C 3.75 4125 20A/125V Spec Grade Dup Rcpt (5-20R) 1.00 290.00 C 2.90 4319 4" Sq 1 G Dup Rcpt Raised Cover 1.00 330.58 C 3.31 2599 412 THHN CU Stranded Wire 320.00 175.08 M 56.03 7405 Ground Screw 1.00 110.00 M 0.11 7376 Red Scotchlok Wirenuts (#18-10) 3.00 173.24 M 0.52 7488 1/2" Mini 2.00 90.00 M 0.18 2177 1/2" Unistrut Clamp-EMT 2.00 182.00 C 3.64 3658 20A 1 P 120/240V Bolt-On Circuit Breaker 1.00 29.34 E 29.34 Material Subtotal : 132.40 Mark-Up @ 10.00%: 13.24 Sales Tax @ 7.75%: 11.29 Materi . 156.93 L100 Journeyman 4.50 55.15 H 248.18 ***CONTINUED*** Customer Copy Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 9795434 £ $ . Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 2 of 2 Job: Palm Springs Airport Invoice#: 03-425-07 Job#:03.425 Item Description Cty Price Total Labor Subtotal : 248.18 Mark-Up ® 10.00%: 24.82 Labor: 273.00 Total Due $429.93 Customer Copy B. E. McMURRAY CONSTRUCTION, INC DATE: 10/14/2003 Palm Springs International Airport CHANGE REQUEST # 009 Baggage Area Provide and install new cord caps for 18 EDT Stations per RFI # 012 and owner. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 1,114.93 Change in Contract time to facilitate additional scope of work 0 da OH/P 15% $ 48.00 Bond 2% $ 7.00 TOTAL $ 1,169.93 08-M-03 05:16pm From-GENSLER 310-440-5850 T-442 P.16/16 F-151 - -- .nw ..•• •••w�wM FM�ru1•Y ..irN . o1.WM 1MT 1�A�CA M�Np1f�M,1tr..I�M.M.M17YlYs NIwR��lltls��T gp�N�atpr` 0 p�q�F�.�INDIO= �I "alge I vardo"n. enp 4 aik MpfkiF IIe�R'1MNtNM.»�.,w 1Q!6s chMyW IP,�O vat 11NN(.dc. d y oc� s /pia LT !vD 5 et ^ISO „t"PI f tYhl 4J • (-rov AW Price. ,a�•S,A:f'• Procud kiks) , Pcic� 9.11•aa w ..�•�� inn SUPERIOR ELECTRIC 10 004 ' - IP i ,I h � it I'lilll ll, i � Ix � r lu rll�i� �l� l�, i .,�IiNI Ib •'n n• To: B.E.McMurray Date: 9.9-03 P.O.Box 1452 RFl#: 03.425.OR Upland,Ca.91785 Subcontractor: Superior Electrical Contractors Project Location: Palm Springs Airport 1024 W.Brooks Strect TSA Baggage Claim Ontario.CA 91762 909-988-1420 Office,909-988-1260 Fax Request information on the following: Mike Williams(Airport Supervisor) stated to Superior's job foreman that he wanted the cord drops that have already been installed for the ETD's to be changed from 120/208 volts to a 120 volt twist lock. He also wanted the cord caps for the surge protectors that feed the ETD's to be changed to 120 volt twist lock. Please confirm is this work to be done? Mfarmadoa regoestedby.Miclwl Caroptno Response: Response provided by. Dalr� tdmrl Form 1 y9a0m , z� Superior Electrical Contractors 1024 West Brooks Street Ontario, CA 91762 Tel: (909) 988-1420 Fax: (909) 988-1260 Lic. No. 795434 Change Order PROJECT: CHANGE ORDER R: OS Palm Springs Airport DATE: 10-6-03 3400 Tahquitz Canyon Way JOB NUMBER: 03-425 Palm Springs,CA CONTRACT DATE:7-15-03 CONTRACT FOR:Electrical TO CONTRACTOR: B.E.McMurray Construction Inc. P.O Box 1452 Upland,Ca.91785 The Contract is changed as follows: Provide new cord caps at each EDT Station. The original(Contract Sum) was $ 76,000.00 Net change by previously authorized Change Orders $ 29,047.17 The(Contract Sum)prior to this Change Order was $ 105,047.17 The(Contract Sum) will be(increased)by this Change Order in the amount of $ 1,114.93 The new(Contract Sum) including this Change Order will be $ 106,162.10 The Contract Time will be(increased)by (0)days. The Date of Substantial Completion as of the date of this Change Order therefore is NOTE: This document must be signed by the General Contractor prior to Superior Electrical Contractors commencing with the above described work. SUPERIOR ELECTRICAL CONTRACTORS B.E McMurray Construction Inc Michael Gargano Mr.Dennis Kuykendall Address Address 1024 West Brooks Street P.O. Box 1452 Ontario, CA 91 Upland,Ca.91785 BY: BY: DATE: /p.DG:O3 DATE: _ Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 0795434 to: P O Box 1827, Ontario, CA 91762 Request For Change Page 1 of 1 B.E. McMurray Construction Invoice#: 03-425-08 P O Box 1452 Invoice Date: 1 0/0 912 0 0 3 Upland, CA 91785 Due Date: 11/08/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909) 933-0091 Ext.: Job#: 03-425 Fax#: (909)988-8472 Work Performed: Provide new cord caps for ETD Stations. Superior will drill a 1/2" hole so that a two-screw connector can be installed in each EDT station.The factory end of the surge protector cord will be cut off and a new twist lock cord cap installed.There are a total of (18) work stations.This work was done at the request of Mike Williams. Item Description Qty Price Total 2769 3/8"2-Screw Die Cast NMC Conn 18.00 82.46 C 14.84 4189 20A 250V 2P2W Tw-Lk Conn (1-2-20C) 18.00 23.00 E 414.00 Material Subtotal : 428.84 Mark-Up @ 10.00%: 42.88 Sales Tax @ 7.75%: 36.56 Material : 508.28 L100 Journeyman 10.00 55.15 H 551.50 Labor Subtotal : 551.50 Mark-Up @ 10.00%: 55.15 Labor : 606.65 Total Due $1,114.93 Customer Copy y y B. E. McMURRAY CONSTRUCTION, INC DATE: 10/14/2003 Palm Springs International Airport CHANGE REQUEST # 010 Baggage Area Provide and install 40 duplex receptacles and 10 120 volt cord drops throughout Baggage areas 1, 2, 3, and 4. New conduit, wire and support systems added for new outlets and cord drops per RFI # 11 SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 6,275.31 Change in Contract time to facilitate additional scope of work 3 days OH/P 15% $ 48.00 Bond 2% $ 7.00 TOTAL $ 6,330.31 G3-II-03 05:16pm From-GENSLER 310-446-5650 T-442 P.14/I6 F-151 • ITa P& e UOIn��.iirra tim bow � iiM��Mq �f {.KtftK TiA�Mtw Rdnt Mt4�r1�ilALLitRttFl7�Mr M W 1 t�IOv I Ilflfifp11p11�PII�INIINItlUiIMM�f11MiOOYpM�pIAYoiNN w w�wopmbaw warklabe*M#WAYKp wya+� #�MMJ aJ eso 2 8m� U J 4WIX4C4 8 w J r, 4My�ir�lrMM4W4�.sf if Sage A4so 12 rer OU44 W. f fiVby(& ripe C�olde�l 9•11�3 io:ao FAX SUPERIOR ELECTRIC IA003 .y r- �'FL rO •X'lir.r i�il I:i .,. .I I f r i. I44 li l'L I'. . r ^f, 'n II, k�� 1� •:,.II;�i�,s,;.,F�l• 'Llii,, ' '"rF�1�.��,ST �r,��bi�i�l�il��ilr.'I�;AT�q�I � ;��'dl&,kiV'i.:: ,li; �; 9'',.,�;�I� To: D.E.McMurray Date: 9.9.03 P.O.Box 1452 RFI#: 03-425.07 Upland,Cn.9 P85 Subcontractor: Superior Electrical Contractors Project Location: Palm Springs Airport 1024 W.Brooks Street TSA Baggage Claim Ontario,CA 91762 909-989-1420 Office,909.9884260 Fax Request information on the following: Mike Williams (Airport Supervisor) stated to Superior's job foreman that he wanted a double duplex outlet mounted at ceiling height at every EDT location for servicing of equipment. Please confirm is this work to be done? If so I will get pricing to you ASAP. Information requested by:Mtchael Caropino Response: Response provided by. Date, SECRFI Form t 9fsnom Tim Superior Electrical Contractors 1024 West Brooks Street Ontario, CA 91762 Tel: (909) 988-1420 Fax: (909) 988-1260 Lic. No. 795434 Change Order PROJECT: CHANGE ORDER NUMBER:09 Palm Springs Airport DATE: 10-6-03 3400 Tahquitz Canyon Way JOB NUMBER: 03-425 Palm Springs,CA CONTRACT DATE:7-15-03 CONTRACT FOR:Electrical TO CONTRACTOR: B.E.McMurray Construction Inc. P.0 Box 1452 Upland,Ca.91785 The Contract is changed as follows: Install(40)duplex receptacles and(10)cord drops through baggage area. �s The original(Contract Sum)was $ 76,000.00 Net change by previously authorized Change Orders $ 30,162.10 The(Contract Sum)prior to this Change Order was $ 106,162.10 The(Contract Sum)will be(increased)by this Change Order in the amount of $ 6,275.3 The new(Contract Sum)including this Change Order will be $ 112,437.41 The Contract Time will be(increased)by (0)days. The Date of Substantial Completion as of the date of this Change Order therefore is NOTE: This document must be signed by the General Contractor prior to Superior Electrical Contractors commencing with the above described work. SUPERIOR ELECTRICAL CONTRACTORS B.E McMurray Construction Inc Michael Gargano Mr.Dennis Kuykendall Address Address 1024 West Brooks Street P.O. Box 1452 Ontario,CA 91 Upland,Ca. 91785 BY: BY: DATE: /O. 00=1 .•. 1) DATE: Tel: /009N988-1420 Fax: (909) 988-I260 C-t0 #795434 Rem;, to: PO Box I827, Cntario, CA 91762 Request For Change Pagel of2 B.E. McMurray Construction Invoice#: 03-425-09 Upland, CA 91785 Due Date: 11/08/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909)933-0091 Ext.: Work Performed: Per the request of Mike Williams (40) duplex receptacles and (10)120 volt cord drops were added throughout baggage areas 1 thru 4. Now conduit, wire and suport systems were added throughout baggage areas for now outlets and cord drops. Item Description Qty PriceTotal 4125 2OA/125V Spec Grade DupRop\ (5^20R) 40.00 290.00 C 116.00 4323 4' Sq2CDupRopt Raised Cover 15.80 366.50 C 54.99 2407 4' SqBox/1'1/2/D/CombK0 30.00 374.50 C 112.37 4304 1GSS Blank Plate 4.00 333.20C 13.33 4380 4' Sq Flat Blank Cover 0.00 139.14 C 11.13 4306 2E; SSDupRoptPlate 5.00 808.20 C 30.41 2599 #12THHNCU Stranded Wire 1,000.00 175.08 M 175.88 2768 8/0'/ 2~Sorow Die Cast NNlCConn 20.00 8246 C 16.49 1000 1/2" EMT 160.00 04.62 O 135.39 1001 8/4" E&1T 100.00 161.14 C 151.14 1396 1/2" SS Steel Conn 15.08 111.88 C 1670 1516 1/2" SS Steel Cp|A 25.00 144.80C 36.23 1397 3/4" 3S Steel Conn 5.00 183.10 C 9.10 1517 3/4" SS Steel Cp|g 15.00 228.52C 83.88 3858 20A1P120/240V Bolt-On Circuit Breaker 8.00 29.04 E 234.72 4189 20/V25OV2P2VYTvv'Lk Plug (L2'15P) 9.00 18.68E 167.48 7329 3/8" Flat Washer 40.00 26.10C 18.44 7322 3/8" Spring Nut 40.00 231.70 C 92.70 7326 3/0x1'1/2" Bolt (Hex Head Cap Screw) 40.00 142.84 C 57.06 5968 12 Gauge 1'5/Rx1'5/8Channel 18.00 809.44 C 80.94 ***CONTINUED*** Customer Copy '/ Tel: (909) 988-1420 , i Y Fax: (909) 988-1260 110 C-10 #795434 Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 2 of 2 Job: Palm Springs Airport Invoice#: 03-425-09 Job#:03-425 Item Description City Price Total 7324 3/8x10 Threaded Rod(per foot) 50.00 115.66 C 57.83 7332 3/8" Nut 20.00 29.94 C 5.99 2848 12/3 SJO Cord 45.00 2,160.76 M 97.23 T100 12-3 Kellum cord grips 10.00 14.55 E 145.50 7376 Red Scotchlok Wirenuts(#18-10) 160.00 173.24 M 27.72 7468 1/2" Mini 20.00 90.00 M 1.80 2177 1/2" Unistrut Clamp-EMT 25.00 182.00 C 45.50 2178 3/4" Unistrut Clamp-EMT 15.00 193.80 C 29.07 7489 3/4" Minis 10.00 120.00 M 1.20 Material Subtotal : 1,967.58 Mark-Up @ 10.00%; 196.76 Sales Tax @ 7.75%: 167.74 Material : 2,332.08 1_100 Journeyman 65.00 55.15 H 3,584.75 Labor Subtota . 3,584.75 Mark-Up @ 10.00%: 358.48 Labor; 3,943.23 Total Due $6,275.31 Customer Copy B. E. McMURRAY CONSTRUCTION, INC DATE: 10/14/2003 Palm Springs International Airport CHANGE REQUEST # 012 Baggage Area Remove existing overhead door and provide metal stud, gyp. Bd. and plaster wall infill at Baggage Area #4. Demo and infill not reflected on bid documents. SPEC. DESCRIPTION QUANTITY UNIT COST Ron Willis Lathing $ 897.00 B.E. McMurray Construction Demo 4hrs $45/hr $ 180.00 Change in Contract time to facilitate additional scope of work 3 days Subtotal $ 1,077.00 OH/P 15% $ 161.55 Bond 2% $ 24.77 TOTAL $ 1,263.32 !tl/tl2/Ytltl� LC tlL +tltltltltltltltltltltltltltltl NUN W1LLlb LNIHINU YFlbt 01 )VH 5IA7W NC October 2,2003 BE McMurray Construction,Inc. P.O.Box 1452 Upland,CA 91785 Re: Palm Springs Airport Baggage Claim Gentlemen, Infill door opening not shown on plans, Material $ 308.00 Labor $ 432.00 Equip, $ 40.00 Subtotal S 780.00 O.&P, 15% $ 117.00 Total $ 897.00 Respectful Xours, Ron Willis President 2 P.O. BOX 925 ALTA LOMA CA 91701:Q9251, 909-464 8578 r7i-9 W 0-1- 1 011 rr rr ri ri ri ri ri rr ri I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ioZiv .dki Ol Z 5l �l 9 r B. E. MCMURRAY CONSTRUCTION, INC DATE: 11/14/2003 Palm Springs International Airport CHANGE REQUEST # 013 Baggage Area Extend metal stud framing, gyp. Bd. And plaster to roof structure at wall infill at Baggage Area # 5. Bid documents reflect infill wall terminating at framed soffit. There is no soffit in actual site conditions. SPEC. DESCRIPTION QUANTITY UNIT COST Ron Willis Lathing $ 3,549.00 Change in Contract time to facilitate additional scope of work 3 days Subtotal $ 3,549.00 OH/P 15% $ 532.35 Bond 2% $ 81.62 TOTAL $ 4,162.97 ",1/05/2003 16:43 +0000000000000@0 RON WILLIS LATHING PAGE 02 Row 041 ) nwa C 07.VV7 i A)85UCt{Cl&57Y0*C9C,Z November 5,2003 B.E.McMurray Construction,Inc. P.Q.Box 1452 Upland,CA 91785 Re: Palm Springs Airport Baggage Chum Gentlemen: Add framing&kickers,drywall, lath due to wall not going to bottom of beam,instead went to bottom of roof. Material $ 1100.00 Labor $ 1836.00 Equip. $ 150.00 Subtotal $3086,00 0.&P. 15% $ 463.00 Total $3549.00 Respectful Routs, Ron Willis President 1 hlo 12u1�C1►�c,1 Avc* T' rev-- `F 1 CC B AA 12 Typ' At2.01 7 13 15 15 10 8 Al2.1 At2.01 3 1 1 1s 2 TYP. Al2.01 EXTERIOR ELEVATON SCALE: 118" = V-0" B 13 10 7 - - - - - - - - - - - - - - - R - II II • II II II II II 9 9 8 8 EXTERIOR ELEVATON SCALE: 118" = V-0" j SCA ET GRID T.0. . {EE)) T.O.P. +428'-0 1/24 )P DOOR IN OPEN POSITION - T.O. FASCIA (E) TER-WEIGHT MECHANISM TO HOLD R-30 BUTT INSULATION OVER WIRE MESH i ��GAMfNTIPLASTER-MCIA ' �, r�r Ycsn-5'T +424'-8. SEALANT, TYP. 8.0. FASCIA (E) 4 6" X 16 GA. STEEL STUDS RUNNER CHANNEL 2" 3/4" — -'b , R-19 BUTT INSULATION d 7/8" PORTLAND CEMENT PLASTER OVER 5/8" GYPSUM SHEATHING OVER H RU 6 t 6" X 16 GA. STEEL STUDS @16" O.C. 15 Sim, _ N ' +420'-8' ` T.O. FIN. FLR. 5/8" IMPACT RESISTANT GYP. BD. 3`01;tJI - RAIL /0—IN U/21/2003 14:36 909-923-6054 B.E. MCMURRAY CCNS7 PAGE 02 S. E. MCMURRAY CONSTRUCTION, INC DATE: Palm Springs International Airport CHANGE REQUEST # a Baggage Area 12Yi2 ' SPEC. DESCRIPTION QUANTITY UNIT COST I ?old 1 110L,104 .W- �� t> T7 $ TOTAL vglf), c© •11d21f2003 14:36 909-923-6954 B.E. MCMURRAY CONST PAGE 03 SIERRA WHOLESALE HARDWARE INC. P.O, BOX 5158 SAN BERNARDINO. CA 92412-5158 0RCER ACKNOWLEDGMENT 40: 176179 B D.E. MCNURR.AY CONSTRUCTION INC S B,E, MMURRAY CONSTROCTIDN IRC 9 PALM 5PPIMGS INT APITERMINAL L 1032 WEST BROOKS ST I AT?N; CAL ONTARIO CA 91762-3604 P PALM SPRINGS CA 92262 lCCT:MCM10305 ORD DATE:11-20-03 SNIP VIA: WILL CALL SLMN: 2000 PAGE: 1 EXP OELIVERY:i1-20-03 FRT T.RM; CALL SNTER:JJAM MESC:N M PO P: 030017 TERMS: NET 10TH PROX REF 4: ---- _ --- ., -------------- ---- ORDER UNIT ITEM BITE PART 0 U0M RELEASEIDISC SELL EXT —'------- ---------------. -- -------- -------` ----—--- --- ----' -------- 1 EA, VLFE212X12 VISION -ITV VLF-EZ,12XI2 EA 19.34 19.34 VLF-ET 12X12 BRQNTE i EA CT11X11 GLASS 2 So FT NiN EA 13,UO 1318$ 1!4" WAR TEMP 11 X 11 SUB TOTAL 33.22 T A X 2.58 TOTAL 35.9G "142/22/2003 16:43 909-923-6054 S.E. MCMURRAY CONST PAGE 02 B. E. MCMURRAY CONSTRUCTION, INC DATE: 10/14/2003 Palm Springs International Airport CHANGE REQUEST# ilk Baggage Area Provide end install roof mounted exhaust ventilator with duct work drops and grilles above condensor units at BagUage Area # 1. SPEC. DESCRIPTION QUANTITY UNIT COST United Mechanical $ 6 852-00 Superior Electric est. $ 3,250.00 B.E. McMurray Construction Roof demo and misc. repairs 25 hrs $451hr $ 1,125.00 Provide structural steel opening support $ 4,000.00 Reroof around roof opening $ 1,750,00 Insulation repair $ 250.00 changg in Contract time to facilitate additional spo a of work 3 days Subtotal $ 17,227.00 OH/P 15% $ 810,00 Bond 2% $ 124.00 TOTAL $ 18,161.00 f 1;/%18/2003 15:40 909-923-6854 B.E. MCMURRAY CONST PAGE 03 B. E. McMURRAY CONSTRUCTION, INC DATE: 12/18/2003 Palm Springs International Airport CHANGE REQUEST # 015 Baggage Area Demo existing walls and provide 3 framed wail openings for additional baggage conveyor s stem Work includes wall furring and installation of FRP wall finish SPEC. DESCRIPTION QUANTITY UNIT COST B.E. McMurray Const. Demo existing walls, shoring floor s stem, frame a enin s furr existin walls and install FRP wall Paneling 90 hrs $45 $ 4,050.00 Materials $ 360.00 Provide and install stainless steel opening trim and corrve or 5ystum wall closer feces AMFAB $ 3,491.35 Change in Contract time to facilitate additional scope of work 3 days Subtotal $ 7,891.35 OH/P 15°!a $ 1,183.7Q Bond 2% $ 181.50 TOTAL S 8,2513.55 CHANGE ORDER NO. 1 � PROJECT TITLE: TRANSPORTATION SECURITY ADMINISTRATION BAGGAGE AREA CITY PROJECT NO. CP2003-07, A4741 CONTRACT DATE: July 15, 2003 CONTRACTOR: B.E. McMurray Construction, Inc The following changes are hereby made to the Contract Documents: 1. Addition: Expedited delivery of electrical switchgear. 2. Addition: Additional conduit,wire and 200A breaker for additional 400V/200A electrical panel. 3. Addition: Reloction of baggage belt controller. 4. Addition: Additional electrical conduit and wire for baggage belts. 5. Addtion: Additional lighting. Justification: 1. In order to keep the project on schedule, it was necessary to expedite the delivery of the electrical switchgear equipment(see Attachment 1,$2,800.00). 2 Due to the need for motorized baggage belts, additional electrical service was required (see Attachment 2,$4,145.00). 3. The controller for the baggage belt that serves Delta Air Lines needed to be relocated due to safety concerns for operators (see attachment 3,$1416.00). 4. The necessary baggage belts, which are not part of this project, required electrical conduit and wire (see Attachment 4,$2,271.00). 5. A light fixture at the exterior entrance was not shown on the project drawings. (see Attachment 5, $374.00) CHANGE TO CONTRACT PRICE Original Contract Price: $466,000.00 Current Contract Price,as adjusted by previous change orders: $466,000.00 The Contract Price due to this Change Order will be increased by $11,006.00 The new Contract Price due to this Change Order will be: $477,006.00 CHANGE TO CONTRACT TIME The Contract Time will be increased by 0 calendar days. End of Contract date is October 15,2003. CHANGE ORDER NO. 1 Approvals Required: To be effective, this order must be approved by the City of Palm Springs if it changes the scope of the objective of the project,or as may otherwise be required under the terms of the Contract Documents. Ba � ,/ - g e_ Requested by —" date 1� GO> Mike 1villiains,A.A.E.,Deputy Director-Operations ,7J �p Requested by —� ''I �✓ t_ �,.d 1 date �� a%" a Allen Stribo`t,A.A.E';Executive D�iports �o , Ordered by date City of Palm Springs Accepted by r ��✓ date B.E.McMurray Construction,Inc. (p p Agxrement per/under$25,000 Reviewed and approved by Procurement& Contracting Initials Date P.Q.Number Y:\data\AIP Projects\AIP 33\FS_2 Expansion\A32_chmge Order5.doc d 1� k, B. E. McMURRAY CONSTRUCTION, INC DATE: 1 0/112 0 0 3 Palm Springs International Airport CHANGE REQUEST # 002 Baggage Area Additional supplier cost to expedite delivery of specified electrical switch ear as requested by Owner. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 2,800.00 $ TOTAL $ 2,800.00 ^ �� U��O[ F�l�(�[iS8� <�0O[[8CtO[S ��no:�U�� o ^�� .�� ~~" "��~~ ~," 1oe^vvw»,omnkoS�oo Remit to: po Box 1ou7 :[)n1or# 1 f Ontario CA917v2 'i (Vo9)yoo-142o Order Date: 09/30/2UO3 License: C-10795434 To: B.E. McMurray Construction Projuot; 425 P[) Box 1452 Palm Springs Air Port Upland CA91705 340OTahquitz Canyon Way Palm Springs CA92282 The contractor agrees to perform and the owner agrees to Plans Attached pay for the fo||ovvin0changes toihisoonhuot. �—� Fl Ordered By: 1004 Michael Coropino Customer Order: Specifications Attached Description ofWork /\nuouut Cost to expedite ovvitch0anr 2'800.00 Negative changes will lower the overall contract price requiring no additional payment byowner. Requested Amount ufChange 2,800.00 The original Contract Sum was 78,000.00 Net change hy previous Change Orders 0.00 The Contract Sum prior\o this Change Order 76,000.00 The Contract Sum will bo changed by this Change Order 2,000.00 The new Contract Sum including this Change Order will bo 78.000-00 The Contract Time will b*changed b 8 Days Owner: Date: Tel: (909) 988-1420 Fax: (909) 988-1260 w C-10 #795434 Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 1 of 1 B.E. McMurray Construction invoice#: 03-425-01 P O Box 1452 Invoice Date: 09/04/2003 Upland, CA 91785 Due Date: 10/04/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909) 933-0091 Ext.: Job#: 03-425 Fax#: (909) 988-8472 Work Performed: Cost to expedite switchgear. The switchgear had to be expedited to meet equipment scheduling. Item Description Oty Price Total switchgear expedite cN;afges 1 00 E 2 800-00 2 800 00 aterial : 8 2,800',Op ToYal,Due _ ,., $2,400,06 Customer Copy B. E. McMURRAY CONSTRUCTION, INC DATE: 10/1/2003 Palm Springs International Airport CHANGE REQUEST # 003 Baggage Area Per RFI # 006, Provide conduit, wire and 200amp breaker for bus to at existing electrical equipment MS-1 to provide power to proposed 480v/200amp panel. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 3,534.00 Change in Contract time to facilitate additional scope of work 2 da s OH/P 15% $ MOM Bond 2% $ 81.00 TOTAL $ 4,145.00 Superior Electrical Contractors f p Change Order i, `M 1024 West Brooks Street F + Remit to: P O Box 1827 Order#: 2 Ontario CA 91762 (909)988-1420 Order Date: 09/30/2003 License: C-10 795434 To: B.E. McMurray Construction Project: 425 P O Box 1452 Palm Springs Air Port Upland CA 91785 3400 Tahquitz Canyon Way Palm Springs CA 92262 The contractor agrees to perform and the owner agrees to Plans Attached ❑ pay for the following changes to this contract. Ordered By: 1004 Michael Caropino Customer Order: Specifications Attached ❑ Description of Work Amount enclosed breaker for bus tap 3,533.90 Negative changes will lower the overall contract price requiring no additional payment by owner. Requested Amount of Change 3,533.90 The original Contract Sum was 76,000.00 Net change by previous Change Orders 0.00 The Contract Sum prior to this Change Order 76,000.00 The Contract Sum will be changed by this Change Order 3,533.90 The new Contract Sum including this Change Order will be 79,533.90 The Contract Time will be changed by 0 Days Owner: Date: Contractor: Date: Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 #795434 Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 1 of 2 S.E. McMurray Construction !n:roice#: 03-425-02 P 0 Box 1452 Invoice Date: 09/08/2003 Upland, CA 91785 Due Date: 10/08/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909) 933-0091 Ext.: Job#: 03-425 Fax#: (909) 988-8472 Work Performed: Provide conduit, wire and 200 amp enclosed breaker for bus tap. Per the direction of the electrical engineer a bus tap was to be done to provide the power feed for the 200 amp 480 volt panel. New conduit and wire was installed from existing switchgear to a new 480 volt 200 amp enclosed circuit breaker and a bus tap performed inside the existing switchgear. Item Description Qty Price Total 100a' 2'�f AT .10 00 571 78 a'n9m, ..,,I .:_ 1331 2" EMT Elbow 1.00 1,604.64yC 16.05 �2"L'B}Co'nduletw/Cover,&,Gasket„ y ' 1, i 00 9.2 k,`E 991;8 2182 _ 2" Unistrut Clamp-EMT 2.00 315.80 C 6,32 Sgari"ciet W)re„ ! t„ 3b 00 J 3,932 00 M 1,17 E J., v �.. u. iy . . , 2605 #2 THHN CU Stranded Wire 10.00 1,713.16 M 17.13 7347' �;' P . . I. #2' Note"'Gpppe�/Alum Lug . , 00.,.C,�� .,_ „� �� . �' 4 7350 9250 1-Hole Copper/Alum Lug 3.00 698.00 C 20.94 7488 ,i�. 18V1at'1n as_1111her .`' ,,f i..'�. . "„s'u ,r.� , "' �T,6,00 > ;i 100p00 1v1 l ` .� .'. b e°6 7326 3/8x1-1/2" Bolt(Hex Head Cap Screw) 3.00 142.64 C 4.28 7332 ? a 318 �Nut..1i<ii-�'.,� �, � , _i� S i.' .t '.'s'' 300 � 2994'_Lt C T100 480v 200amp 3P enclosed bkr 1.00 1,722.00+ E 1,722.00 -S II y Dle ast Cionn F�_ i j' ,, ,I i1,CC.. J757 s 0.28 1563 2" Plastic Bushing 1.00 286.06 C 2.86 1607 Q2. roun' !n Bushm �'i 1 " 1 " +1 00 i,t ' 9 84.''E5i84 .. d In i ,. 'I r:`ni r Mark-Up @ 10.00%: 210.96 ***CONTINUED*** Customer Copy l � Tel: (909) 988-1420 Fax: (909) 988-1260 t C-10 9795434 EN ,a Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 2 of 2 Job: Palm Springs Airport Invoice#: 03-425-02 Job#:03-425 Item Description Qty Price Total 11 it .. '.�L . . _.'.�1� n �I.. _ ...i.l '.� , �. ,.i JlMatenal '^''I �..w' . '.a,:� it L100 Journeyman 20.00 5..I, i. 2,320�11rV 5.15' H 1,103.00 J i. Labor Subtotal: 1,103.00 !10 ., Nrlarkll 'I(� 00!' _ti "I'[-. . ..., p . . °'..... g 11F a -1t - "y�LabOr ��; it� J' .� �.. ll 1 21 �3..d It, ota,DueI Customer Copy B. E. McMURRAY CONSTRUCTION, INC DATE: 10/1/2003 Palm Springs International Airport CHANGE REQUEST # 004 Baggage Area Remove and relocate existing conveyor belt disconnect, start/stop switch and relay J-Box at Delta Baggage area per Owner direction. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 1,207.00 Change in Contract time to facilitate additional scope of work 1 Da OH/P 15% $ 181.00 Bond 2% $ 28.00 TOTAL $ 1,416.00 Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 #795434 r Rernit to: P O Sox 1827, Ontario, CA 91762 Request For Change Page 1 of 2 B.E, McMurray Construction Invoice#: 03-425-03 P 0 Box1452 Invoice Date: 09/24/2003 Upland,CA 91785 Due Date: 10/24/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909)933.OD91 Ext.., Job#: 03.425 Fax#: (909)988-8472 Work Performed: Remove and relocate existing conveyer belt disconnect,start•stop switch and 12x12 relay junction box to adjasent wall so that they will not interfere with new conveyer belt instalation.This work was done in the Delta baggage area, Work was done per the direction of Craig Toms the maintenance supervisor. Item Description Oty Price Total 2407 4'Sq Box/1.1/2"D/Comb KO 1.00 374.58 C 3.75 1001 3/4"EMT 20,00 151.14 C 30.23 1397 314"SS Steel Conn 2.00 183,10 C 3.66 1799 3/4"Steel Squeeze Flex Conn 2.00 372.16 C 7.44 2152 1-1/4"T-Bar Wire Conduit Clip 12.00 80.36 C 9.64 1121 112"Steel Flex 40.00 68.52 C 27.41 1798 1/2"Steel Squeeze Flex Conn 4.00 340.20 C 13.61 1000 1/2" EMT 20.00 84.62 C 16.92 1396 1/2"SS Steel Conn 2.00 111.88 C 2,24 7489 3/4"Minis 4.00 120.00 M 0.48 7488 1/2"Mini 4.00 90.00 M 0.36 2599 #12 THHN CU Stranded Wire 200.00 175.08 M 35.02 2598 #14 THHN CU Stranded Wire 225.00 121.44 M 27.32 7376 Red Scotchlok Wlrenuts(#18-10) 18.00 17324 M 3.12 7337 1/44 Toggle Boll 10.00 50.74 C 5.07 7486 318" Flat Washer 10.00 100,00 M 1.00 4380 4"Sq Flat Blank Cover 2.00 139.14 C 2.78 T100 Wire Markers 1.00 8.98 E 8.98 ***CONTINUED"' Customer Copy Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 #795434 Remit to: P 0 Box 1827, Ontario, CA 91762 Request For Change Page 2 of 2 Job: Palm springs Airport (nvoloeA: 03-425-09 Jobll:03-425 Item Description (Sty Price Total Material Subtotal: 199.03 Mark-Up 0 10.00%: 19.90 Sales Tax 0 7.76%: 16.97 L100 Journeyman Materiel: 235.00 16.00 55.15 H 882.40 Labor Subtotal : 882.40 Mark-Up a 10.00a/a: 60.24 Labor; 970.64 Total Due $1,206.54 Customer Copy B. E. McMURRAY CONSTRUCTION, INC DATE: 10/1/2003 Palm Springs International Airport CHANGE REQUEST # 005 Baggage Area Per RFI's 009 and 013, Provide power to 3 three locations for new conveyor belts at Delta Airlines, America West Express and Alaska Airlines baggage areas per direction by owners Rep. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 1,936.00 Change in Contract time to facilitate additional scope of work 2 days OH/P 15% $ 290.00 Bond 2% $ 45.00 TOTAL $ 2,271.00 Tol: (909) 998-1420 Fax: (909) 988-1260 C-10 0795434 Remit to: P O Box 1827, Ontario, CA 91762 Request For Change Page 1 of 2 B.E.McMurray Construction Invoice#; 03.425-04 P O Box 1452 Invoice Date: 09/24/2003 Upland,CA 91786 Due Date: 10/2412003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909)933.0091 Ext.: Job#:03-425 Fax#; (909)983-8472 ork Performed: Provide power to three locations for new conveyer belts in baggage area. In the Delta Airlines area(3) 15 amp circuits,in America West Express area(3) 15 amp circuits and in Alaska Airlines(3)30 amp circuits will be provided.Wire will be pulled through conduit and terminated in the panel,no J-boxes Dr devices will be installed.This work was done per the instructions of Robert Peterson with Airline Baggage Handeling Inc. 14m Description Oty Price Total 1000 112"EMT 210.00 84.62 C 177.70 1516 112"SS Steel Cplg 21.00 144.90 C 30.43 1396 1/2"SS Steel Conn 6.00 111.88 C 6.71 7488 1/2"Mini 42.00 90.00 M 3.78 2599 #12 THHN CU Stranded Wire 600.00 175.08 M 105.05 2600 #10 THHN CU Stranded Wire 360.00 265.00 M 95.40 7339 1'Plastic Anchor w/#12 Screw 50.01) 302.00 M 15.10 5968 12 Gauge 1-5/8 x 1-5/8 Channel 20.00 809.44 C 161.89 1121 112"Steel Flex 10.00 68.52 C 6.85 1798 1/2"Steel Squeeze Flex Conn 2.00 340.20 C 6.80 Material Subtotal : 609.71 Mark-Up 0 10.00%: 60.97 Sales Trot 0 7.75%: 51,98 Material : 722.66 L100 Journeyman 20.00 55.15 H 1,103.00 Labor Subtotal : 1,103.00 *'*CCINTINUED*"* Customer Copy .Y Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 0795434 Remit to: F O Box 1827, Ontario, CA 91762 Request For Change Page 2 of 2 Job: Palm Springs Airport Invoice#: 03.425-04 Job#:03.425 Item Description oty Price_ Total Mark-Up 0 10.00%: 110.30 Labor; 1,213.30 Total Due $1,935.96 Customer Copy B. E. McMURRAY CONSTRUCTION, INC DATE: 10/1/2003 Palm Springs International Airport CHANGE REQUEST # 007 Baggage Area Provide and install 1 one additional 1x4 light fixture at exterior entrance of baggage area. Light fixture not reflected on contract documents. SPEC. DESCRIPTION QUANTITY UNIT COST Superior Electric $ 319.00 Change in Contract time to facilitate additional scope of work 1 day OH/P 15% $ 48.00 Bond 2% $ 7.00 TOTAL $ 374.00 I J Tel: (909) 988-1420 Fax: (909) 988-1260 I C-10 #795434 Remit to: P O Box 1827. Ontario. CA 91762 Request For Change Page 1 of 2 B.E.McMurray Construction InvoiceM 03-425-06 P 0 Box 1452 Invoice Date: 09/24/2003 Upland, CA 91785 Due Date: 10/24/2003 Customer ID: BEMCMURRAY Contact: Dennis Kuykendall Job: Palm Springs Airport Phone#: (909)933.0091 Ext.: Job#:03.425 Fax#: (909)988-8472 Work Performed: Provide and install (1) new 1x4 light fixture at exterior entrance of baggage area.There is no light fixture shown on the plans for this area. New conduit will be ran to the nearest emergency light fixture. Item Description - Oty. Price Total T100 1 x4 Shop light fixture 1.00 89,65 E 89.65 1000 1/2" EMT 10.00 84.62 C 8.46 1395 1/21,SS Steel Conn 2.00 111,88 C 2.24 2407 4'Sq Box/1-1/2"D/Comb KO 1,00 374.58 C 3.75 2542 411 Sq 1Cv Ring-5/8'D 1.00 219.42 C 2.19 7488 1/2"Mini 2.00 00.00 M 0.18 2599 #12 THHN CU Stranded Wire 40.00 175.08 M 7.00 7376 Red Scotohlok Wirenuts (#18-10) 6,00 173.24 M 1.04 7337 1/4x4 Toggle Soft 2.00 50,74 C 1.02 Material Subtotal : 115.53 Mark-Up 0 10.00%: 11.55 Sales Tax 0 7.75%: 9.85 Material : 136.93 L100 Journeyman 3.00 55.15 H 165.45 Labor Subtotal : 165.45 Mark-Up 0 10.00%: 16.56 Labor: 182.00 "'CONTINUED"' Customer Copy Tel: (909) 988-1420 Fax: (909) 988-1260 C-10 #795434 Remit to: P O Box 1827, Ontario„ CA 91762 Request For Change Palle 2 of 2 Job• Palm Springs Airport Invoices: 03-425.06 Jobs:03.425 Ifem Description Qty Price Total Total Due $318.93 Customer Copy B.E. McMurray Construction TSA Baggage CP03-07 AGREEMENT #4741 CM signed 6-29-03 p/20616 CITY OF PALM SPRINGS - - -- - AGREEMENT CITY PROJECT#2003-07 TRANSPORTATION SECURITY ADMINISTRATION - BAGGAGE AREA PALM SPRINGS INTERNATIONAL AIRPORT THIS AGREEMENT made this 15th day of July in the year 2003, by and between the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and B.E. McMurray Construction, 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: TRANSPORTATION SECURITY ADMINISTRATION - BAGGAGE AREA PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO. 2003-07 The Work is generally described as follows: To Furnish all Labor, Supervision, Materials, Supplies, Equipment and all other items necessary or proper for, or incidental to, the completion of the project shown on the attached drawings, "Transportation Security Administration - Baggage Area", including all appurtances. ARTICLE 2 - COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 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$1,000 for each calendar day that expires after the time specified in Article 2, herein. Contract time for this project is 75 calendar days from the date of the Notice to Proceed. ARTICLE 3 - CONTRACT PRICE $466 ,000 . 00 (Four Hundred Sixtv Six Thousand) The City shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4 -THE CONTRACT DOCUMENTS The Contract Documents consist of: 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, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract,Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings, Addenda number one (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. ARTICLE 5 - PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions and the Supplementary General Conditions.Applications for Payment will be processed by the Engineer or the City as provided in the General Conditions. ARTICLE 6 - NOTICES Whenever any provision of the Contract Documents requires the giving of written notice,it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 - MISCELLANEOUS Terms used in this Agreement which are defined in Article 1 of the General Conditions and Supplementary General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation City Clerk /% City Manager APPROVED AS TO FORM: By: /�/ Z o��pl_�,Uy\,.p`(' � es�zY. (2 - 2-7-®.3 City Attorne , 7 y f 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). �JA Signature (notarized) Signature (notarized) Name: Bruce E. McMurray Name: Brent E. McMurray Title: Presidentl Title: Vice President State of h'4 In Ir1I h State of dIr N/fit q - - County o rf 44ss County of t- On-L-_ZYWbefore me, Met'&bcA deS Nun(2-(l/bJ' On')-Z'Y-O3 before me, t-, L ,-Aej "qC),7 C_ce/yJ' personally appeared -F�Yu CQ (�'. MGM r�1�(/4 y personally appeared �y-en-y &' lA Ck of f-ro( personally known to me(or proved to me on the basis of satisfyy� tory personally known to me(or proved to me on the basis of satisfa ry evidence)to be the person(s)whose name(s)is/are subscribecfLathe evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged tome that he/she/they executed within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the persori or the entity 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. upon behalf of which the persons)acted,executed the instrument. WITNE-S,S my hand and official seal. WITNESS my hand --and ��oofficial seal. " _-- Nc,tary-Stooature:' tiILL�a 4 s Notary Signature;///.,E' Notary Seal: - Notary Seal: MERRY LDUHDES HUNEZ•CASLDS MEEflY LOUflDES NUNEZ•CAfll05 Comm.01346524 ryry�� Comm,A HIUNE4 NOTARY POKIC-CAIIFONNIA Yd � '%jo NOFARY PUBLIC CALIFORNIA W San Boaidno County r ,� San BamardMo Count ErOimn Rai 14,1006 My Comm,Bona March P 2006 FOUR ORIGINALS EXECUTED BOND PREMIUM: $3,584.00 Performance Bond (NOTE THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGE 2,IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL) THE HARTFORD Know All Men B These Presents: That....A*.F.*. WC a NTARI , CA N32-YU!...MW... T."...0 0 (He,.whered Ine made and address or),,.I Me,0 the C,mmmdur) .........T1762 as Principal, hereinafter called Contractor, and the....................... ......F.IR.E...INS.U.R.ANCE....COMPANY........ a corporation organized and existing under e State of........CQ qTN .............................. with its principal office in the City of................WWO............................................... as Surety, hereinafter called ..................... Sirmare hel4dan4firm q,.Z b,&unl$-,91PUfMC124122...................... ..................... ............— -...... I... —P... .... .... .... ......................................................... (Here mend the name and address or legal tile.of the Owner) as Obligee hereinafter called Owner, in the amount of... Or&...TAM AND..N0710.0THS:t�................................................................... ... ..........Dollars for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,successors, and assigns, jointly and severally, firmly by these presents. Whereas, Contractor has by written agreement dated JULY 2003 ............ with V WV. 01 P 0 R T AT 1 0 N _SECURITY d ' — kxhu(&E. ...91" -K ,ffiftrhq.&Ar1g 'th 0 1 . N 140RAL ..........................I...I.... ...—.....-......... ............. ...........I..... ... .... .... .......... ......I...............................I....... in accordance with drawings and specifications prepared by.......... ......................................................................... (Here Indent Nil name.did one address) .... ......................................................I..................................................... ........ ..................... which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now, Therefore, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise It shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and Conditions, and upon determination by Surety of the lowest responsible bidder,or, if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses(even though there should be a default or a success- Ion of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property paid by Owner to Contractor, Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 24TH day of JULY A_!1-0290-3 PRINCIPAL (Corporate Sea[) Witness(If Individualifiannership) Name B.E. MC141RRAY CONSTRUCTION INC. All(if C.moralli,m) sign BY: Typed Name and Title gruce E. McMurrahyr PreSidefint— SURETY (Corporate Seal) Attest Name HAICri'll-11W FIRE SEE CA ALL—PURPOSE NOTARY INSURANCE COMPANY ACKNOWLEDGMENT AND POWER Signature OF ATTORNEY ATTACHED By: typed Name BROOKS Attorney-m-fact Insured's Name B.E. McMnRBAY CONSTRUCTION INC. lnsureTs Mailing Address P.O. BOX 1452 UPLAND, CA 91785 BOND /Policy Number 72BCSAB3884 IMPORTANT NOTICE TO OBLIGEESIPOLICYHOLDERS — TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bondlpolicy for acts of terrorism, as is tine for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under toe program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of$100 billion. The premium charge that has been established for terrorism coverage under this bondlpolicy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 24 JULY 2003 before me, WENDY H. DOWNS, NOTARY PUBLIC DATE NM!F TITLE OF OFFICER-E.G.,BANE DOE,NOTARY PUBLIC' r personally appeared BROOKE LAFRENz NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory"evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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), sit NExDYa-DoW or the entity upon behalf of which the g ,o+;=° °pMNrISS10KVIfma person(s) acted, executed the instrument. MYCo.pr�8a Go Cou"y `43 c P Marcb30,2007 WITNES y ,e official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ungs) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EHM(IES) SURETY SIGNER(S)OTHER THAN NAMED ABOVE HARTFORD FIRE INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents,That HARTFORD FIRE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,does hereby make,constitute and appoint Larry D. Cogdill, Ingrid Erika Crosby,Brooke Lafrenz, Wendy H.Downs,Michael W. Thomas Of San Diego, CA its true and lawful Atlorney(s)-in-Fact,with full power and authority to each of said Attomey(s)-in-Fact,in their separate rapacity if more than one is named above,to sign,execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities,and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers,and hereby ratifies and confirms all that its said Attorey(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authonty of the By-Laws of HARTFORD FIRE INSURANCE COMPANY,("the Company")as amended by the Board of Directors at a meeting duly called and held on May 131h 1999,as follows: ARTICLE IV SECTION 7.The President or any Vice President or Assistant Vice President,acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed,with or without the common seal,shall be valid and binding upon the Company. SECTION 8.The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary,shall have power and authority to appoint,for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-in-Fact and at any time to remove any such resident Vice President,resident Assistant Secretary,or Attorney-in-Fact,and revoke the power and authority given to him. Resolved,that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President,and its corporate seal to be hereto affixed,duly attested by its Assistant Secretary,this 14th day of May,1999. Attest: HARTFORD FIRE INSURANCE COMPANY s * Mro Moues"�� Paul A.Bergenholtz,Assistant Secretary Robert L.Post,Assistant Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On this 14th day of May,A.D.1999,before me personally came Robert L.Post,to me known,who being by me duly sworn,did depose and say that he resides in the County of Hartford,State of Connecticut;that he is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ?AOTwr Jean H.Wozniak Notary Public CERTIFICATE My Commission Expires June 30,2004 I, the undersigned,Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore,that Article IV, Sections 7 and 8 of the By-laws of HARTFORD FIRE INSURANCE COMPANY,set forth in the Power of Attorney,are now in force. Signed and sealed at the City of Hartford. Dated the 24TEI day of JULY 2o03 * J.Denims Lane;Assistant Vice President Form S-4054-2 Printed in U.S.A. --- SUBSCRIBING WITNESS JURAT State of California l County �o'f' .S' cm �er'f14r`dl� to (SS. j ' On V ai .Za/ 2 003 before me, the undersigned, a notary public for the state, personally DATE / appeared �Y2Vl f aC fvt�Creq Sl personally known to me (or proved to • 1 SUBSCRIBING WITNESS'S NAME— 1 me on the oath of who is personally known to me) to j CREDIBLE W[TNESS'S NAME 1 be the person whose name is subscribed to the within j j MERRY LOURRS NUNE 1'CA ( instrument, as a witness there to, who, being by me duly j CI%,11346524 � s Hotdav Euauc cluvorhip sworn, deposed and said that he/she was present and 1 Sao Sams�dmo CounYY ,a � /�.^ � • • MY Comm Eaples Maaf'14,200fi e saw `1 9rtkGe 6, C a�{{�✓�R� the 1 "^^""' "�� NAME(S)OF PRINCIPAL(S) j same personV described in and whose nameKt 1 subscribed to the within and annexed instrument in 1 j9v/tlrcir authorized capacity(}) as (a) party( 1 • thereto, execute the salve, and that said affiant • 1 subscribe hi r name to the within instrument as a 1 • witness at the request of j C�brgce E �/(C-tifu�r�� j NAME(S)OF PRINCIPAL(S) 1 WITNESS my hand and official seal. 1 • NOTARY'S SIGN ATUR • ' OPTIONAL INFORMATION , / The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this / 1 form to an unauthorized document. 1 • CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL �er4 mcyl" 3�01yu ' CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 1 • TITLE(5) • 1 F] PARTNER(S) NUMBER OF PAGES 1 jATTORNEY-IN-FACT -7 -Z 1--03 j TRUSTEE(S) • DATE OF DOCUMENT F] GUARDIAN/CONSERVATOR 1 SUBSCRIBING WITNESS • 1 OTHER 1 OTFIER: • L • RIGHT THUMBPRINT a 1 ABSENT SIGNER(PRINCIPAL)IS REPRESENTING: OF E i NAME OFPERSON(S)OR ENTITY(IES) SIGNER g a SWI7/99 VALLEY-SIERRA,800-362-3369 YOUR ORIGINALS EXECUTED BOND PREMIUM: INCLUDED IN PERFORMANCE BOND PREMIUM Labor And Material Payment Bond (NOTE:THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGE 1.IN FAVOR OF THE OWNER CONDITIONED FOR THE FUL PERFORMANCE OF THE CONTRACT.)L AND FAITHFUL THE HARTFORD X KNOW ALL MEN BY THESE PRESENTS: That..... _._n..,..,ONTAR. 1W1 CA (He. reld the name and addmcaL or up.1 mi,of the C4ntlactd ........ 01762 as Principal, hereinafter called Principal, and the-RARMAP..FIRE"INSURANCE.... .P'0'MR'A'My.......... a corporation organized and existing under the laws of the State of. _COWCTICUT... ............................ with its principal office in the City of ..................HARTFORD ............1.4.......................... as Surety, hereinafter called Surety, are held and firmly bound unto....CITY..OF...PALM..SPRINGS.........4_.......4.........6.... ................... .3400._1....TAHQUITZ...WAY.,..I)ALK..SPRINGS.....CA.,.9.2Z62............................................................. (Hin,l.cm Ine a..e and tdcaus or legal line at the Q ru,rf as Obliges, hereinafter called Owner, for the use and benefit of claimants as hereiribelow defined, in the amount of...#?k!�_FOUR..JH1NQR&Q...SIXTY... ..................... (Here Imart....equel[a.1 Tene)one net or the anatcaul Prae) ....... .... ....11................. ........I...................................I................................Dollars (5Aj01'000 .00.=.), for the payment whereof Principal. and Surety bind themselves, their hairs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, Principal has by written agreement dated.........I.....JULY 200'3 J..........*............... .......entered Into a contract with Owner for.....CITY...PROJECT-liki—O.'...TRANSPORTATION...SECURITY .ADMMISTRATION—BAGCAGE...ARRA,...PAM..SP.RINGS..INTERNATIONAL-AIRPCIRT-..... in accordance with drawings and specifications prepared by................................................... ................................. ........................................... ............ .......I....................I.... ....... ..................... ............. ............... Haiti Inert fail mme.Into and didnaes) which contract Is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. Now,therefore,the condition of this obligation Is such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the perfor- mance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material,or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental or equipment directly applicable to the CONTRACT. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claim- ant as herein defined, who has not been paid In full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, Prosecute the Suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following;The Principal,the Owner, or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be sewed by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be Served in the state in which the aforesaid project Is located, save that such service need not be made by a public officer. (b) After the expiration of one (1)year following the date on which Principal ceased work an said CONTRACT, it being understood, however,that it any limitation embodied In this bond is prohibited by any law Controlling the construction hereof, such limitation shall be deemed to be amended so as to be actual to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any bar( thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 24TH day of JULY A. D-/A 2003 PRINCIPAL -(Corporate Seal) - Witness(if Individual,Parmarrhip) Name B.E. MeMURRAY CON§,VRUCTION INC. Attest(If Corporation) Sign Typed Name and Title 'n Bruce E. McMurray PreSident SURETY (Corporate See,) Attest Name TFORD FIRE SEE CA ALL—PURPOSE NOTARY INSURANCE COMPANY ACKNOWLEDGMENT AND POWER Signature by. Typed Nanne BROOKE ATTORNEY ATTACHED 14FTEWZ Anomy-m-fact Forni-S-3213-5 Page Pdntad.rUSA (A rA Fama—oncumart W A-311 Fdbmaq.1970 Edam Apincyad by Thu American Institute Of Architects) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Of SAN DIEGO On 24 JULY 2003 before me, WENDY H. DOWNS, NOTARY PUBLIC DATE NN!E TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared BROOKE LAFRENz NAME(S)OF SIGNER(S) ® personally known to me - OR - 0 proved to me on the-basis of-satisfacto—evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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), oy m wsNDYx.DOWNS or the entity upon behalf of which the m $� NofnrY public-California R coMMlss,ox14e84ss person(s) acted, executed the instrument. � Sen Diego Countyy MY Comm.Exp. Comb 30,2007 WITNESS m and d icial seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER muds) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR F.NTI Y(IES) SURETY SIGNER(S)OTHER THAN NAMED ABOVE HARTFORD FIRE INSURANCE COMPANY Hartford,Connecticut POWER OF ATTORNEY Know all men by these Presents,That HARTFORD FIRE INSURANCE COMPANY,a corporation duly organized under the laws of the Slate of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,does hereby make,constitute and appoint Larry D. Cogdill, Ingrid Erika Crosby, Brooke Lafrenz, Wendy H.Downs, Michael W Thomas Of San Diego, CA its true and lawful Attorney(s)-in-Fact,with full power and authority to each of said Attomey(s)-in-Fact,in their separate capacity if more than one is named above,to sign,execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust;guaranteeing the performance of contracts other than insurance policies;guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities,and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers,and hereby ratifies and confirns all that its said Aflorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY,("the Company")as amended by the Board of Directors at a meeting duly called and held on May 13'h 1999,as follows: ARTICLE IV SECTION 7.The President or any Vice President or Assistant Vice President,acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed,with or without the common seal,shall be valid and binding upon the Company. SECTION 8.The President or any Vice President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint,for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys-m-Fact and at any time to remove any such resident Vice President,resident Assistant Secretary,or Attomey-in-Fact,and revoke the power and authority given to him. Resolved,that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President,and its corporate seal to be hereto affixed,duly attested by its Assistant Secretary,this 14th day of May,1999. Attest: HARTFORD FIRE INSURANCE COMPANY pF1PE 44/g� ot ' SEAL M /wv� Paul A.Bergenholtz,Assistant Secretary Robert L.Post,Assistant Vice President STATE 0 F CO N N ECTICUT COUNTY OF HARTFORD I SS. Hartford On this 14th day of May,A.D. 1999,before me personally came Robert L.Post,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hartford,Stale of Connecticut;that he is the Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 710TJMY ys l /�/ Jean H.Wozniak Notary Public CERTIFICATE My Commission Expires Jane 30,2004 I, the undersigned,Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore,that Article IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY,set forth in the Power of Attorney,are now in force. Signed and sealed at the City of Hartford. Dated the 24TH day of JHLY-- 2003 p4FWE '"'1 c l9. FV * SEAL * S J.Dennis Lane,Assistant Vice President Form S-4054-2 Printed in U.S.A. " SUBSCRIBING WITNESS JURAT / State of California l County of J� Qh�EI ✓lfA�d l rla 1 SS. , On i—t / before me, the undersigned, a notary public for the state, personally DATE • appeared �(►��G1�, personally known to me (or proved to i ' SUBSCRIBING WITNESS'S NAME ime on the oath of who is personally known to me) to i • CREDIBLE WITNESS'S NAME be the person whose name is subscribed to the within ,Gd.ra P4EiIRY L0113UE / Comm.tl 134fi524 instrument, as a witness there to, who, being by me duly • �n s HnAP,y PUBLIC CALF(SKIA ,.' sworn, deposed and said that he/she was present and N'� San Bemaidino Caunq py • mn Comm FMPns 14,10yfi p( �-^ _.. . _. Ma.�A saw the NAME(S)OF PRINCIPAL(S) • ' same person a')described in and whose name(e)(9 ' subscribed to the within and annexed instrument in ri rPeir authorized capacity(K) as (a) par-ty(j i ithereto, execute the same, and that said affiant • subscribed 1 is r name to the within instrument as a iwitness at the request of i NAME(S)OF PRINCIPAL(S) iWITNESS my hand and official seal. ' NOTARY'S SIGNATLIDE OPTIONAL INFORMATION , The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this / iform to an unauthorized document. , j CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i i ❑ INDIVIDUAL �,Gbo 4" "x4ef"lV �Seyuq t CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT YYY • TITLE(S) • ❑ PARTNER(S) NUMBER OF PAGES , ' ❑ TRUSTEE(S)IN-FACT DATE OF DOCUMENT , i • ❑ GUARDIAN/CONSERVATOR , • ❑ SUBSCRIBING WITNESS • ❑ OTHER: OTHER / RIGHT THUMBPRINT t / ' ABSENT SIGNER(PRINCIPAL)IS REPRESENTING: OF E ; NAME OF PERSON(S)OR ENTITY(IES) SIGNER Y i sw]7/99 VALLEY-SIERRA,900-362-3369 J ACGRD CERTIFICATE OF LIABILITY INSURANCE DATE 07/18/2003 PRODUCER ;, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kennedy & Sharp Insurance Inc. .,.,' ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE r'P r HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17577 Arrow Blvd. , #107 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 948 , A'^" ,�' Fontana CA 92334- INSURERS AFFORDING COVERAGE .. ,•f,A`��';�,?.I-- INSURED ;��( \),,I`JI�' INSURERA: AMERICAN SAFETY INDEMNITY COMPANY B. E. McMurray Construction INSURERS: AMERICAN STATES INSURANCE 1032 West Brook Street JINSURERc NATIONAL UNION FIRE INSURANCE CO. NSURER D. Ontario CA 91762- INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICV EXPIRATION LIMITS LTR DATE MMIDD/YY DATE(M MIDD/YY A GENERAL LIABILITY / / / / EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMSMADE FOCCUR XG1O32970-002 03/01/2003 03/01/2004 MED ESP(Any one person) $ X OCP PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP ASS It 1,000,000 POLICY 7 PRO- JECT 7 LOC B AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT X ANY AUTO (Ea acgtlent) S 1,000,000 ALL OWNED AUTOS 01-CE-116010-7 10/31/2002 10/31/2003 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS / / / / BODILY INJURY X NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY-EAACCIDENT It ANY AUTO / / / / OTHER THAN EAACC $ AUTO ONLY AGG S C EXCESSLIABILITY BE2131132 03/01/2003 03/01/2004 EACH OCCURRENCE $ 9,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 9,000,000 DEDUCTIBLE / / / / $ RETENTION S $ WORKERS COMPENSATION AND / / / / T OSCRYTA IUS OA EMPLOYERS'LIABILITY E L.EACH ACCIDENT $ El DISEASE-EA EMPLOYEE$ E L.DISEASE-POLICY LIMIT $ OTHER B FIRE POLICY 02-CC-959902-4 08/12/2002 08/12/2003 $170,188 BM9. COVERAGE SPECIAL FORM $500 DED. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job: City Project #2003-07 Certificate Holder is Named as Additional Insured on General Liability per form ES9815. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT City Of Palm Springs FAILURE TO O SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE P.O. BOX 2743 INSURER, ENTS OR REPRESENTAT S. C-ACTH RIZEDR PRE / I E�x„� Palm Springs CA 92263-2743 `1 A{��CORD 25-S(7197) 888 ©ACORD CORPORATION 1988 • , INS025S(9910)02 ELECTRONIC LASER FORMS,INC.--(800 45 Pagei oF2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7197) �T,INS025S(9910).02 Page 2 of THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. A= - ES9815 ®699 ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (MODIFIED FORM B) This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. Name of Person or Organization: Those parties required to be named as an Additional Insured in a written contract with the Named Insured entered into prior to the loss or occurrence. Name of Project: Those projects on file with the Company. Effective Date: March 01, 2003 In consideration of the payment of premiums, it is hereby or relating to the Named Insured's sole negligence agreed that the following changes are incorporated into and only for bodily injury or property damage caused the policy: by an occurrence under coverage A not otherwise excluded in the policy to which this Endorsement WHO IS AN INSURED (SECTION ll) is amended to applies. include as an insured the person or organization shown in the Schedule, but only with respect to It is further understood and agreed that irrespective liability arising out of "your work" which is performed of the number of entities named as insureds under at the project designated above. This Endorsement this policy in no event shall the Company's limits of applies only to ongoing operations performed by the liability exceed the limits of liability designated in the Named Insured on or after the effective date of this Declarations. Endorsement. All other terms, conditions and exclusions under the Coverage under this Endorsement applies only as policy are applicable to this Endorsement and remain respects a legally enforceable written contract with unchanged. the Named Insured and only for liability arising out of end_15.doc Copyright©1999 American Safety Indemnity Company Page 1 of 1 THIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASIC - ES 98 13 04 02 ENDORSEMENT --WAIVER OF SUBROGATION This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. Name of Person or Organization: Those parties requiring a waiver of subrogation in a written contract with the Named Insured. Name of Project: Those projects reported to, in writing, and on file with the Company. Location of Project: The specific location of those projects on file with the Company. In consideration of the payment of premiums, we waive shall not, directly or indirectly apply to a waiver of any our rights to subrogation (excluding indemnity or rights of indemnity or contribution. contribution), against the person or organization named above in connection with the sole negligence of the As used in this Endorsement, the term "professional Named Insured in the performance of "your work" on or services" shall mean: after the effective date of the policy to which this a. The preparing, approving, recommending or endorsement attaches on the project described below, failing to prepare, approve or recommend maps, subject to the following conditions and exclusions. drawings, opinions, reports, surveys, change orders, designs, specifications, hazard Subrogation shall not be waived with respect to any assessment plans, response actions, abatement liability arising directly or indirectly out of any of the methods or products, air monitoring plans or following actions of persons or organizations named insurance requirements; above: b. Supervisory, inspection, training or engineering 1. "Professional services" on or in connection with services; or the Project; c. Commercial or industrial hygiene, air monitoring, 2. Modifying or changing the Project specifications "hazardous substance" testing, laboratory without the express written consent of the analysis, public health, legal, accounting, insured; and architectural, medical, nursing, data processing, 3. Any activities beyond the scope of monitoring the consulting or investment advisory services. progress of the insured on the Project. All other terms, conditions and exclusions under the This waiver of subrogation shall apply solely to our policy are applicable to this Endorsement and remain rights of subrogation on the Project referenced and unchanged. end_13.doc Copyright©2002 American Safety Indemnity Company Page 11 of 1 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASIC - ES 98 10 04 02 PRIMARY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase considered primary to the Additional Insured listed our limits of Insurance, as described in below if other valid and collectible insurance is SECTION III — LIMITS OF INSURANCE. available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A, but only as respects the sole negligence of the In consideration of the payment of premiums, it is hereby Named Insured in the performance of"your work" on agreed as follows: or after the effective date of this policy which is Solely with respect to the specified project listed performed by the Named Insured for the Additional Insured. below and subject to all terms, conditions and exclusions of the policy, this insurance shall be , Aidditidnafansuted s , _- 'iS ecffi6d Project;: Those parties requiring primary wording and Additional Those projects reported to, in writing, and on file with the Insured status in a written contract with the Named Company. Insured. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. end_10.doc Copyright©2002 American Safety Indemnity Company Page 1 of 1 COMM GENERAL LIASMITY THIS ENDORSEMENT CHANGES THE POLICE'. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. CO 25 03 1185 Copyright, Insurance Services Office, hie., 1984 Page 1 of I June 19, 2003 REQUEST FOR QUOTATIONS TRANSPORTATION SECURITY ADMINISTRATION - BAGGAGE AREA City Project#2003-07 Palm Springs International Airport As the owner and operator of the Palm Springs International Airport, the City of Palm Springs, Department of Aviation (AIRPORT), seeks quotations for the improvement of an existing canopy area for the purpose of meeting federal security requirements related to the inspection of checked baggage. Once complete, this area will be utilized for explosive detection of checked baggage, which is required in the aftermath of the September 11" attacks. In order to have this project complete prior to the Thanksgiving Holiday of 2003, the City Council has authorized the Department of Aviation to utilize expedited/emergency procurement procedures. Attached you will find projectsecurity requirements,projectdrawings and specifications,General and Supplementary Conditions and a standard agreement form. A non-mandatory project Pre-Bid meeting will be held on June 26, 2003 @ 9:00 a.m. in the Airport Conference Room. Quotations for this project are due on July 11, 2003 @ 2:00 p.m. in the Airport Conference Room, which is located on the 2"d floor of the main terminal at the Palm Springs International Airport. Vehicle parking is available in the public parking lot, with validation provided by the AIRPORT. Quotations are to be submitted on the attached quotation forms. Allen F Smoot, A.A.E. Executive Director- Airports R:\data\TSA\EDS_Phase II\Building_Encapsulation\Proposers_Request For Quotations 06-20-2003.wpd -; 67 tterarYsE For Oi.tt?faLo,as I Name of Contractor: CITY PROJECT #2003-07 REQUEST FOR QUOTATIONS TO FURNISH ALL LABOR, SUPERVISION, MATERIALS, SUPPLIES, EQUIPMENT AND ALL OTHER ITEMS NECESSARY OR PROPER FOR, OR INCIDENTAL TO, THE COMPLETION OF THE PROJECT SHOWN ON THE ATTACHED DRAWINGS, "TRANSPORTATION SECURITY ADMINISTRATION - BAGGAGE AREA", INCLUDING ALL APPURTANCES. By responding to this RFQ to furnish all labor, supervision, materials and supplies, equipment, and all other items necessary or proper for, or incidental to, the completion of the project shown on the attached drawings, "Transportation Security Administration - Baggage Area",the undersigned Contractor agrees to furnish and deliver the project in good order in accordance with all portions contained within this quotation. I/We propose and agree to provide the required equipment in accordance with the specifications for City Project#2003-07,to the City of Palm Springs, and will accept as full payment thereforthe following amount: DESCRIPTION QTY LUMP SUM PRICE Furnish labor, supervision, materials and supplies, 1 equipment, and all other items necessary or proper for, or incidental to, the completion of the project shown on the attached drawings, 'Transportation Security Administration - Baggage Area", including all appurtenances It is understood and agreed that this quotation may not be withdrawn for a period of sixty (60) days from the date of the opening thereof, and at no time in the case of the Successful Contractor. BID FORMS: All quotations are to be prepared on the forms supplied by City of Palm Springs, California, and included with this RFQ.The Contractor must supply all information required by the quotation forms and specifications, and must bid on all items of every Schedule,A contractor shall not stipulate in his quotation any conditions not contained in the proposal form included in the RFQ. I • • I i i c>,f,. Of Aviaik,,;r 20 200,1 0 - Foqu=isi For Ououatioos i BASIS OF AWARD: It is the City's intent to award on an "ALL OR NOTHING" basis to the lowest responsive and responsible Contractor on the basis of the total price submitted on the quotation pages of this document. The City reserves the right after opening quotations to reject any or all quotations, or to waive any minor informality (non-responsiveness) in a quotation. ADDENDUM (S) # is/are hereby acknowledged. Name of Contractor: Address: Phone/Fax Numbers: Signature of Authorized Representative: Name/Title of Authorized Representative: ,i�>"J ,,; 07 1Y?ifi±(G'S[ ,`ih' {tttG(atN.;,rc GENERAL INFORMATION 1. BACKGROUND: The Palm Springs International Airport is owned and operated by the City of Palm Springs, Department of Aviation (AIRPORT). The Airport is located in eastern Riverside County, approximately 2.5 miles east of the central business district of Palm Springs, California (3400 East Tahquitz Canyon Way). The Airport serves as the major air transportation center for the entire Coachella Valley. In 2002,the Airport served approximately 1.1 million commercial passengers.There are eight air carriers and three commuter airlines that serve the Airport. In addition to commercial service, the Airport experiences a high percentage of corporate and general aviation. In 1999 the Airport completed a $22 million, 8 gate terminal expansion project, a 1500' runway extension, a new access roadway and various other projects designed to enhance the overall safety and security of the Airport. In response to the events of September 11`h, the Airport has embarked on various security improvements to the Airport. In support of the requirement of the Transportation Security Administration (TSA) to provide checked baggage screening, the Airport is proposing to construct a checked baggage screening area. The Airport must quickly expand the outbound baggage handling area (located behind the ticket wing of the main passenger terminal), so that the existing area can be converted to an Explosive Detection System (EDS) facility. This expansion will see the enclosure of an existing canopy overhang, which will be used to house the baggage inspection equipment. 2. PURPOSE: The purpose of this request is to solicit quotations from qualified firms for all labor, supervision, materials and supplies, equipment, and all other items necessary or proper for, or incidental to, the completion of the project shown on the attached drawings, "Transportation Security Administration - Baggage Area". 3. PROJECT SPONSOR: This project is being sponsored by the City of Palm Springs, Department of Aviation (AIRPORT). 4. PROJECT ADMINISTRATION: All communications relative to the technical aspect of this work shall be directed in writing to Mike N. Williams, A.A.E., Deputy Director - Operations, Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Suite OFC, Palm Springs, California, 92262, Phone (760) 318-3821, FAX: (760) 318-3815, MIkeNW anci.palm-springs.ca.us prior to opening of proposals. All questions relating to interpretation of this RFQ or products must be in writing and responses will be in the form of addenda to the documents. 5. SCOPE OF BID: The scope of this request includes providing all labor, supervision, materials, equipment, supplies and services, including project management and all other items necessary or proper for or incidental to, the completion of the project shown in the attached drawings, "Transportation Security Administration - Baggage Area". 6. The successful contractor will be required to execute an agreement with the City of Palm Springs for this project. The agreement form is attached as Exhibit A. General Information Page 4 of 75 i .., .% �•'1'r�'?ts""<;, rr7s;trarfnr�n(ofAiriaiu�ri J,ar--:; =G ., _ ., 0, . R_"eaUesi 'C7r QL1LIf lCiI?`i 7. PROJECT LOCATION: The project location is: j Palm Springs International Airport 3400 E Tahquitz Canyon Way I Palm Springs, California 92262 8. TIME OF DELIVERY:Time is of the essence. The Project must be completed within 75 calendar days l after approval of the quotation by the City Manager for the City of Palm Springs. 9. 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 Class "A" or 'B" 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 Proposal shall renderthe Proposal as non-responsive and must be rejected. 10. PREVAILING WAGE RATES NOT APPLICABLE: Funding for the work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 11. WARRANTY: All materials and equipment, including without limitation, any optional equipment purchased by the City under the terms of this agreement, shall be fully warranted against poor or inferior quality equipment and materials for a period not less than one (1) year. 12. AWARD OF CONTRACT: The City reserves the right after opening quotations to reject any or all quotations, to waive any informality (non-responsiveness) in a quotation or to make award to the lowest, responsive, responsible contractor and reject all other quotations, as it may best serve the interests of the City. As a condition of award,the successful Contractor will 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 quotation by the Contractor and forfeiture of the Bid Bond. Award will then be made to the next lowest Contractor. 13. ADDRESS AND MARKING OF BIDS: Quotations shall be submitted on the attached form in a sealed envelope marked on the outside "Transportation Security Administration - Baggage Area", the name of the contractor, the project title and the project number. The envelope enclosing the proposal shall be sealed and addressed to the City of Palm Springs, and shall be hand delivered or mailed as follows: City of Palm Springs Department of Aviation Palm Springs International Airport 3200 East Tahquitz Canyon Way, Suite OFC Palm Springs, CA 92262 General Information Page 5of 75 ,rr, V, i-*:+}airG rae�fFi��iteiivt ,JW)1: 20 i.�c"i G'3 O, ✓qf jesi i-Oi 14. COORDINATION: The project area will have additional projects under construction in and adjacent to this project. The successful contractor shall exercise coordination with these other projects. a. The project area is also used by numerous tenants at the Airport and limited, temporary access to various tenant locations must be maintained throughout the duration of this project. 15. PROJECT SECURITY: As this project is located inside the secured area of the Airport, adherence to and familiarity with federal security regulations is essential. 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. Secured/SIDA Area Access — All Contractor personnel who require unescorted access to the Secured/SIDA area 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 49 CFR 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 ten (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 otheraircraft 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. (11) 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. I i General Information Page 6of 75 I I t:u;r P;r�rrr�,s. ra�;t,[arirrvt,x�,af,P3vi=u;vn k,� E; %,1 ."C: . ol,ect ;11,2O63 07 Re"gues! ,'or cxntut;�r�s (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 maximurn term of imprisonment 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). Air Operations Area Access — All Contractor personnel who require unescorted access to the Air Operations Area (AOA) areas 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 Badpes - All Contractor personnel who require access to AOA and/or Secured/SIDA 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 $25,00. Each CHRC also costs $35.00. Stolen and/or lost identification badges are subject to a $35.00 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 Sponsor and/or Architect shall approve this access gate and associated haul roads. I In the event the approved perimeter gate for the contractor is part of the AIRPORT's Security Access Control System (SACS), access to this gate via the Airport identification badge will be provided upon the issuance of the identification media. Each individual accessing this gate is required to ensure the gate is secured after entering and that no unauthorized vehicles enter when the gate is open. SACS and/or construction gates which are left open must be attended by an individual with a valid Airport identification badge. i I General Information Page 7of 75 i i . J,)r�t)irii `;�?(lti�`5. i.'F.'Jit)7f0731ii Qi Ot i!(iA�l�)i} .,'(.Iflii ✓ =__ .. Cf The approved access gate into the construction site is to remain closed under lock and key at all times,exceptforthose instances when authorized vehicles are entering and/or exiting the construction site. Each individual accessing this gate is required to ensure the gate is secured after entering/exiting and that no unauthorized vehicles enter/exit when the gate is open. Gates which are left open must be attended by an individual with a valid Airport identification badge. At such times as the project schedule requires the delivery of large items,the Sponsor will coordinate and/or approve an alternate access route. As necessary, escorts will be provided by the AIRPORT. 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 and Operator 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 can 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. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges. Under certain circumstances, and out of control of the City of Palm Springs, Department of Transportation Aviation (AIRPORT), security measures may change on short notice. No deviations from any security measure shall be allowed at any tirne. Non-supervisory Contractor personnel and/orthose individuals performing work forthe Contractorwho DO NOT have an Airport issued identification badge, must be under an AIRPORT approved escort at all times when transiting and/or working within the secured area. All vehicles entering the approved access gate for transit across through the Secured/SIDA area to the construction site shall be required to operate within the confines of the identified vehicle roadway. Vehicles which are performing authorized work necessary to the completion of the project AND under an approved escort may operate outside the confines of the identified vehicle roadway. At all times, aircraft shall have the right-of-way over all vehicle traffic. �l General Information Page 8 of 75 �'?i t"Jo S,''Ying3 Oepart;7,?en! Of ftVlfl(fon J,ou [Q ,�06 ky2quest i-0i (,it70Y:7 �Ci77S GENERAL CONDITIONS OF THE CONTRACT ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which make changes, additions, or deletions to the Bid Documents. Agreement - The written contract between the CITY and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by the ENGINEER which is to be used by the CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Architect- Reference in these documents to Architect shall be deemed to mean the City Engineer of the City of Palm Springs. Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Beneficial Use or Occupancy- Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be performed. Bidding Documents - The Notice Inviting Bids, Instructions to Bidders, the Bid Form and the accompanying Bid Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative Action Program, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Bidding Requirements - The Notice Inviting Bids, Instructions to Bidders, and the Bid Form and the accompanying Bid Schedule or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative Action Program. 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 bythe ENGINEERwhich is signed bythe 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. General Conditions of the Contract Page 9 of 75 Fanquaa;fFor-trol'obvns Completion - Completion of the Work shall be the date of such acceptance of the Work by the CITY, as provided under California Civil Code Section 3086. Consultant - The ENGINEER, ARCHITECT, or ARCHITECT-ENGINEER firm and their designated representatives acting under contract to the CITY, acting on behalf of the CITY of Palm Springs as their authorized representative within the scope of authority defined in their contract with the CITY Contract Documents-Unless otherwise defined in the Agreement or Supplementary General Conditions, the Contract Documents shall comprise the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Securityor Bid Bond,Affirmative Action Program,the Agreement,Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda, Change Orders, and Work Change Directives executed pursuant to the provisions of the Contract Documents, together with all Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3.41b.1 and 3.4b.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to Article 6,12 and paragraphs 6.12c and the reports and drawings referred to in paragraphs 4.2a.1 and 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 14.11b 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 ENGINEER's,orthe Consultant's Project Representative shall be the only 2 individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project. Cost of Work - The term Cost of Work (determined as provided in Articles 11.2, 11.3 and 11.4, herein) shall mean the sum of all costs necessarily incurred and paid for by the CONTRACTOR for labor, materials, and equipment in the proper performance of the Work, plus the CONTRACTOR's fee for overhead and profit (determined as provided in Article 11.2, herein) (referred to in Caltrans Standard Specifications as "Force Account"work). Day- A calendar day of 24 hours, measured from midnight to the next midnight. Daily Work Reports - Cost isolation reports detailing all costs of extra work, disputed work, emergency work, or other work paid for on a force account basis and the cost of other operations. A record of daily General Conditions of the Contract Page 10 of 75 0 0 • . „'OL':; _>s3r";iift5, i.GUc7i u'r9Bi tE CPAViQ(IOG „(c:ll;, _ .. _.J:I.. costs separate and distinct from the daily costs of other work on the project for which a contract price has been established. Defective Work-An adjective,which when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by CITY at the time of Substantial Completion in accordance with Article 14.7 or 14.8). Drawings/Contract Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the location, nature, extent, and scope of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are NOT Drawings or Contract Drawings as so defined. Effective Date of the Agreement- The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. End of Contract-The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the CITY. ENGINEER-The ENGINEER shall mean the City Engineer of the City of Palm Springs or his authorized representative. ENGINEER's Estimate - On unit-price contracts, the ENGINEER's estimate shall comprise the list of estimated quantities and prices of the individual line items of work to be performed as contained in the Bid Schedule(s). On lump-sum projects, the ENGINEER's estimate shall mean estimated contract price of the completed project. Field Order - A written order issued by the ENGINEER which orders minor changes in the Work in accordance with Article 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. General Conditions of the Contract Page 11 of 75 ;.; ;n n?`tr3?6'�7E G(.-`,V7c7tbJt? _ci'b A) 1. f-2t.-ry!t;?=i rnru6rain rs 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 CITYwill 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 when such occurs. RCRA Hazardous Waste-The term RCRA hazardous waste shall have the meaning provided in Section 25120.2 of the California Health and Safety Code. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Representative-The person named in the Supplementary General Conditions as the authorized representative of the CITY, or the ENGINEER, or the Consultant who may be assigned to the site or any par] 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 por]ion of the Work and which establish the standards by which such portion of the Work will be judged. Schedule of Values - Cost value of individual Work activities comprising a lump sum contract; A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the CONTRACTOR. The unit values in a schedule of values are for convenience only, and are not intended for the purpose of pricing change orders. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information which are General Conditions of the Contract Page 12 of 75 e • . Gi ( dt,7i aiJ:>,iCt.�, FiU'13�i iR7fu`l�ai,tib(El ii 017 ..IIJi:C' : . - :.U.: 0'/00°3--G/-R„quest For CMIprCiU''=17c specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of the Work and all illustrations,brochures,standard schedules,performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications -Those portions of the Contract Documents consisting of all of Part I: Notice Inviting Bids, Instructions to Bidders, Bid Forms,Agreement,bonds,and certificates; Part II: General and Supplementary General Conditions of the Contract; and Part III:Technical Specifications consisting of the written technical descriptions of 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 contractwith the CONTRACTOR orwith any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion -Refers to the Work(or a specified part thereof)that has progressed to the point where, in the opinion of the ENGINEER, and as evidenced by ENGINEER's definitive recommendation to the CITY that the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantial Completion and "substantially complete"and "substantially completed"as applied to any Work shall mean Substantial Performance of the Contract, hereunder, as defined in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company. Supplementary General Conditions-The partof 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. General Conditions of the Contract Page 13 of 75 ;J-.'..�. :�ia!);11'In7a,'?!I Of tt�tFlilf.h ;ao": Y" Work Change 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 ENGINEER, ordering immediate commencement of work on an addition, deletion, or revision of in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or to emergencies as provided in the Contract Documents. A Work Change Directive may not be used to as provided in Articles 4.2, 4.3, and 4.4 or to emergencies under paragraph 6.10e. A Work Change Directive will not change the Contract Price nor or the Contract Time, but shall be is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.1 b. ARTICLE 2 -- PRELIMINARY MATTERS 2.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and insurance policies or certificates as the CONTRACTOR may be required to furnish in accordance with Article 5.1. 2.2 Copies of Documents: 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 General Conditions of the Contract Page 14 or 75 • • "c, .. „x,s -tr :nt:,. ,^sffatrf r! r, 'yFi;i "i L'ti p ;19; Fo+ iQ. Ioi`I fiof1s 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 Preconstruction Conference: Before any Work atthe site is started, a conference attended bythe CONTRACTOR,the ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Article 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.8 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, at least 10 days before submission of the first Application for Payment a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be held to review for 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 CONTRACTOR's full responsibility therefor.The CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. The CONTRACTOR's Schedule of Values,where required hereunder, shall be acceptable to ENGINEER as to form and substance. I I I General Conditions of the Contract page 15 of 75 I I I ? "YG'r) �ilN l ;Cj3 LJ^`i'i?t1776-fll �i AL�(£!GI!?7"i tIP;U :'(• ,;/ 1'3,"" - F'omr^,4I Fo) (frtO,P;lO11S ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Contract Documents: The Contract Documents comprise the entire agreement between the CITY and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the place of the Project. 3.2 Intent: It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, 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,orcodes ofanytechnical 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. j C. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in Article 3.4, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or I General Conditions of the Contract Page 16 of 75 I I 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 ENGINEER , or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the CITY, the ENGINEER or any of the ENGINEER's Consultants, agents, or employees any duty or authorityto 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, orjudgment 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 Field Order (pursuant to Article 9.5), 2. By the ENGINEER's approval of a Shop Drawing or Sample (pursuant to Article 6,12, or 3. By the ENGINEER's written interpretation or clarification (pursuant to Article 9.4). General Conditions of the Contract Page 17 of 75 cl`f'uln� S'minrys oiMvii;ron F0T +.{piritC7S 3.5 Order of Precedence of Contract Documents: a. In resolving disputes resulting from conflicts, errors, omissions, ambiguities, or discrepancies in any of the Contract Documents, unless otherwise provided in the Supplementary General Conditions, the order of precedence shall be as follows: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. CONTRACTOR's Bid (Bid Forms) 5. Supplementary General Conditions 6. Notice Inviting Bids 7. Instructions to Bidders 8. General Conditions of the Contract 9. Technical Specifications 10. Contract Drawings 11. Referenced Standard Specifications 12. Referenced Standard Drawings b. With reference to the Drawings the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over standard drawings 5. Contract drawings govern over shop drawings 3.6 Reuse of Documents: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY, (i), shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii), shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the CITY and the ENGINEER and specific written verification or adaption by the ENGINEER. ARTICLE 4—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 General Conditions of the Contract page 18 of 75 fil7ciUp!"r vj.=r; di?C'(l.i—(iI- i�'II�ndGas7 Fo; i?+1lil�I 1itarJfi 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 CONTRACTOR's unauthorized trespass or use of any such properties. 4.2 Subsurface and Physical Conditions: a. Reports and Drawings: Reference is made to the Supplementary General Conditions for identification of: 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 bythe ENGINEER in preparing the Contract Documents. b. The CONTRACTOR may rely upon the general accuracy of specified"technical data"contained in such reports and drawings,but such reports and drawings are not Contract Documents. Such "technical data" is specifically identified in the Supplementary General Conditions. Except for such reliance on such specified "technical data," the CONTRACTOR may not rely upon nor make any claim against the CITY, the ENGINEER, nor any of the ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for the CONTRACTOR's purposes; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. Any CONTRACTOR's interpretation of or conclusion drawn from any"technical data" or any such data, interpretations, opinions, or information. C. Existing structures: Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4.4, herein)which are at or contiguous to the site that have been utilized by the ENGINEER in the preparation of the Contract Documents. 4.3 Differing Site Conditions: a. If the CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, delineated in the Contract Documents, or 2. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then: General Conditions of the Contract Page 19 of 75 )h Nrdit? 79, tt(,p,0010nl 01 AV(avon b. The CONTRACTOR, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith, shall notify the CITY and the ENGINEER in writing about such condition. The CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith until receipt of written order to do so. C. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. d. The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if: 1. The CONTRACTOR knew of the existence of such conditions at the time The CONTRACTOR made a final commitment to the CITY in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for the CONTRACTOR prior to the CONTRACTOR's making such final commitment; or 3. The CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.3b e. If the CITY and the CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, the CITY, the ENGINEER and the ENGINEER's Consultants shall not be liable to the CONTRACTOR for any claims, costs, losses or damages sustained by the CONTRACTOR on or in connection with any other project or anticipated project. f. The CONTRACTOR's failure to give written notice of differing site conditions within 5 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.4 Reference Points: a. The ENGINEER will provide one bench mark, near or on the site of the WORK, and will provide 2 points near or on the site from which the CONTRACTOR may establish a base line for alignment control. Unless otherwise specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the WORK. b. The CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established 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 General Conditions of the Contract Page 20 of 75 • Oi 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 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 ll, or Class Ill 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 CONTRACTOR's cost of, or the time required for, performance of any part of the WORK shall issue a Change Order under the procedures described in the Contract. C. That, in the event that a dispute arises between the public entity and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 4.6 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: a. The CITY will be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CITY shall not be responsible for any such materials brought to the site by the CONTRACTOR, its Subcontractors, Suppliers, or anyone else for whom the CONTRACTOR is responsible. b. The CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.10e), and (ii) notify the CITY and the ENGINEER (and thereafter confirm such notice in writing). The CITY shall promptly consult with the ENGINEER concerning the necessity for the CITYto retain a qualified expert to evaluate such hazardous condition or take corrective action, General Conditions of the Contract Page 21 of 75 o • of Am"won ��;r,,:; ;: a��C3G3-u/-�a��7ire� for C3uorations if any. The CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until afterthe CITY has obtained any required permits related thereto and delivered to the CONTRACTOR special written notice: (1)specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or(ii) specifying any special conditions under which such Work may be resumed safely If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by the CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. C. If after receipt of such special written notice the CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the CITY may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or 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 (ii) nothing in this paragraph 4.6d shall obligate the CITY to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. e. The provisions of Article 4.2 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 -- BONDS AND INSURANCE 5.1 Performance, Payment, and Other Bonds: a. Upon receiving a Notice of Award, the CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and paymentof all the CONTRACTOR's obligations underthe 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. General Conditions of the Contract Page 22 of 75 0 (Icst F'm Cat K71'?li{ills b. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, or it ceases to meet the requirements of Article 5.1, the CONTRACTOR shall within 7 days thereafter substitute another Bond and surety, both of which must be acceptable to the CITY. 5.2. Licensed Sureties and Insurers; Certificates of Insurance: 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, pursuantto acceptance of the WORK by the CITY, but the CONTRACTOR's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. b. The CONTRACTOR shall furnish the CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies for each of the following listed insurance coverages. In addition, each party named as an additional insured shall be provided with an original copy of the policy endorsement naming them as an additional insured (subject to any customary exclusion in respect of professional liability) under the CONTRACTOR's policies of insurance required under the Contract. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to the CITY by Certified Mail. All such insurance shall remain in effect until the date of Substantial Completion and at all times thereafter when the CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13.4d, herein. In addition, the Insurance required herein (except for Worker's Compensation and Employer's Liability)shall name the CITY, the ENGINEER, the CITY's Consultants for the project and their officers, agents, and employees as "additional insureds" under the policies: 1. Worker's Compensation Insurance Requirements: This insurance shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims under applicable state Worker's Compensation laws. The CONTRACTOR shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a Worker's Compensation law. This policy shall include an "all states" endorsement. The CONTRACTOR shall require each subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case anyclass of employees is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. General Conditions of the Contract Page 23 of 75 . ... :✓t,+` ir�GV,{-ii'-iYt:iyU?Sf r C1� �t101`P9(;0195 2. Comprehensive General Liabilitv: 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 CONTRACTOR's work, or work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusions relative to blasting, explosion, collapse of buildings, or damage to underground structures. 3. Comprehensive Automobile Liabilitv: This insurance shall be written in comprehensive form and shall protect the CONTRACTOR and the CITY and the ENGINEER against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles. Said insurance shall cover the operation onsite or offsite of all motor vehicles licensed for highway use whether they are owned, non-owned, or hired. 4. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The CONTRACTOR shall either require each of its sub-contractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplementary General Conditions or insure the activities of its subcontractors in the CONTRACTOR's own policy in like amount. 5. Builder's Risk:This insurance shall be of the"all risk"type,and unless otherwise specified in the Supplementary General Conditions, shall be written in completed value form, and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against risks of damage to buildings, structures, and materials and equipment.The amount of such insurance shall be not less than the insurable value of the WORK at completion. Builder's Risk insurance shall provide for losses to be payable to the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants as their interests may appear.The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants. The Builder's Risk policy shall insure against all risks of direct physical loss or damage to property from any external cause including flood and earthquake.Allowable exclusions, if any, shall be as specified in the Supplementary General Conditions. C. The original or a certified copy of each insurance policy and endorsements thereto shall be deposited with the CITY prior to execution of the Agreement. Specific language of the policy jshall be subject to approval of the CITY. 5.3 Policy Requirements: i a. The insurance provided bythe CONTRACTOR hereunder shall be(1)with companies licensed t I General Conditions of the Contract Page 24 of 75 .. �. �)E`U?N U71Crt7i ri�a vtEttir7,'i ..r.,,r• : . to do business in the state of California, (2) with companies with a Best's Financial Rating of VII or better, and (3) with companies with a Best's General Policy Policyholders Rating of not less than A, except that in case of Worker's Compensation Insurance, participation in the State Fund, where applicable, is acceptable. b. Insurance policies required hereunder which are required to have the CITY, the ENGINEER, and the CITY's Consultants for the project named as additional insured shall, (1) include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible insurance, (2) include a waiver of subrogation against the CITY, its agents and employees, (3) for Builders All Risk Insurance, provide for deductible amounts not exceeding 5 percent of the insurable values of the WORK of the CONTRACTOR for the perils of all risks of physical loss or damage to the Work, temporary buildings,falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft,vandalism and malicious mischief, earthquake,flood, and acts of God as defined in Public Contract Code Section 7105, and claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 5.4 Liability Insurance: In addition to the insurance required to be provided by the CONTRACTOR under Article 5.2, the CITY, atthe CITY's option, maypurchase and maintain atthe CITY's expense the CITY's own liability insurance as will protectthe CITY against claims which may arise from operations underthe 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 ENGINEER,the ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that General Conditions of the Contract Page 25 of 75 0 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 other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. b. The CITY as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to the CITY's exercise of this power. If such objection be made, the CITY as fiduciary shall make settlement with the insurers in accordance with such 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 General Conditions of the Contract Page 26 of 75 . . ., .'077 :ath`71tCj,5, L�E;Uu(.li7f`n! ofAV'O,lfQrr ,. . . fU(%1-J' -ftinirGt;Sf +`AQtl0-r717t f1S 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 bythe 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, layout and construct the Work as required by the Contract Documents. Except in connection with as otherwise required for the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours,and the CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the CITY's written consent given after prior written notice to the ENGINEER. If the CONTRACTOR performs anywork after regularworking hours, or on Saturday, Sunday,or any legal holiday, it shall pay the CITY any additional cost incurred by the CITY as a result of such work. b. Unless otherwise specified in the Contract Documents, the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, General Conditions of the Contract Page 27 of 75 J/``'/ / ' ' Fn/ 0:/nmP.o:s hoa1, 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. 64 Concerning Subcontractors, Suppliers, and Others: a. The CONTRACTOR shall be fully responsible t0 the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees in the same extent ms 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 ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing orfurnishing any of the Work under a direct or indirect contract with the CONTRACTORjust as the CONTRACTOR iu responsible for the C[}NTR/\CT{)R`o own acts and omissions. C. The CONTRACTOR shall ba solely responsible for scheduling and coordinating the Work 0f Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct nr 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 nrSupplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions uf the Contract Documents for the benefit of the CITY and the ENGINEER. 6.5 Permits, License Fees, and Royalties: 8. 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 ifrequired 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 uf utility owners for connections to the WORK. h. 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. General Conditions o[the Contract Page 28of7s 0 9 C)l`.1 vofian .;(nit. 90 . .,,.. :.;r•: t/ ?�,,' J'r_ is t'iYi tl3;; r"(7r fitl(Ymf; C. The CONTRACTOR shall indemnify and hold harmless the CITY from and against all claims, damages, losses, and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the WORKor resulting from the incorporation in the WORK of anyof a particular invention, design, process, product, or device not specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the ENGINEER. The CONTRACTOR shall submit sufficient information to allow the ENGINEER, in the ENGINEER's sole discretion, to determine thatthe 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 bythe CONTRACTOR in accordance with the Laws and Regulations of the place of the Projectwhich 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 General Conditions of the Contract Page 29 of 75 <�nporbman� o/A.mOoo .///,� Fn, Quo�o�xu by agreement negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. The CONTRACTOR shall, to the fUUeS\ extent permitted by Lawn and | Regulations, indemnify and hold the CITY harmless the CITY, the ENGINEER, the ENG|NEER'o 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 e o|aino arising out Ofsuch owner or occupant against the CITY' the � ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon the CONTRACT()R`S performance Of the WORK. 8.113 Safety and Protection: a. During the progress of the Work, the CONTRACTOR shall keep the pronoi000 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 C|T`/ at Substantial Completion of the Work. The CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Onounnnnto. 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 t0 stresses or pressures that will endanger it. C. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs iD 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, orloss. d. TheC(}NTRACT(}Rshalloonop|yvvitha|| app|iCab|eLavvoendRogu|ationo (whethornnforrod to herein or not) 0f any public body having jurisdiction for the safety ofpersons 0r 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 0fadjacent 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 nf their property.All damage, injury ur|oSStnnAYpropodx referred to in paragraph 6.10c caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may he liable, shall be remedied hy 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 orthe ENGINEER'S Consultant nranyone employed by any ofthem or anyone for whose acts any of them may bo liable, and not attributable, directly O[ indirectly, in whole or in part,to the fault or negligence of the CONTRACTOR or any Subcontractor, Supplier or other pe[S0D or organization directly or indirectly employed by any of them). the CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and the ENGINEER has issued a notice General Conditions of the Contract Page 000/ r5 +n"-,Poi ti,G-M of A✓inijoi! JUN3 2(,' -0 7- Roque,P Foi Quoralions 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. 6.101 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, Field Orders,and written interpretations and clarifications(issued pursuant to Article 9.3)in good orderand annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be available to the ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings shall be delivered to the ENGINEER for the CITY. 6.12 Shop Drawings and Samples: a. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall submit Shop Drawings to the ENGINEER for review. b. The CONTRACTOR shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample with other shop drawings Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents. C. The ENGINEER's review and approval of shop drawings or samples shall not relieve The CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's attention to each such variation atthe 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 ordisagreements 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: 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 General Conditions of the Contract Page 31 of 75 I 0 0 of:iVh^.i1C7f7 ,lG!l;C Rocpfol'4 Fos i'ftOlohon`i defective. 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 ENGINEER's Consultants and the officers, directors, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages defend, and hold harmless the CITY, the ENGINEER, the CITY's Consultants for the project and their agents, and employees from and against all claims and liability arising under or by reason of the Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY or the ENGINEER or the CITY's Consultants for the project. b. The CONTRACTOR shall reimburse the CITY,the ENGINEER, and the CITY's Consultants for the project for all costs and expenses,(including but not limited to all fees and charges of engineers, architects, engineers, attorneys, and other professionals and court costs) incurred by said CITY, the ENGINEER, and the CITY's Consultants for the project in enforcing the provisions of this Article, including all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work. 6.113 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. General Conditions of the Contract page 32 or 75 ,. u ;j„L,IIES Osv fi,'m1LLn1 Gf 1svoa fr,n _ .Y), C. If any part of the CONTRACTOR's work depends,for proper execution or results, upon the work of any such other contractor or utility owner (or the CITY), the CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects , or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 7.2 Coordination: a. If the CITY contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary General Conditions: 1. The person, 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. 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsibilities shall be as provided. b. Unless otherwise provided in the Supplementary General Conditions, neither the CITY nor the ENGINEER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 --CITY'S RESPONSIBILITIES 8.1 Except as otherwise provided in these General Conditions, the CITY shall issue all communications to the CONTRACTOR through their designated Project Representative. 8.2 The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to the CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.3 The CITY's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Articles 4.1, 4.2, and 4.4. The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by the ENGINEER in preparing the Contract Documents. 8.4 The CITY's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph 13.4b. 8.5 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, 15.1, and 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 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 General Conditions of the Contract Page 33 of 75 with Laws and Regulations applicable to the furnishing or performance of the Work.The CITY will not be responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.7 The CITY's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.6. ARTICLE 9 --THE ENGINEER'S STATUS DURING CONSTRUCTION 9.1 The CITY's Representative: The ENGINEER will be the CITY's representative during the construction period. 9.2 Visits to Site: The ENGINEER or the ENGINEER's authorized representative will make visits to the site at intervals appropriate to the various stages of construction as the ENGINEER deems necessary in order to observe the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. 9.3 Clarifications and Interpretations: The ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary. 9.4 Authorized Variations in the Work: The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on the CITY and also on the CONTRACTOR, who shall perform the Work involved promptly. 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 General Conditions of the Contract Page 34 of 75 i j , c mJi%r-S C ; r7g2�, i i Frl%t�tt�r.l17�t7S i by the CONTRACTOR. The ENGINEER will review with the CONTRACTOR, the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). The ENGINEER's written decision thereon will be final and binding upon the CITY and the 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 ENGINEER's decision. 9.8 Decisions on Disputes: a. The ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to the ENGINEER in writing with a request for a 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 anywhich have been waived bythe making or acceptance of final payment as provided in Article 14.14) will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute, or other matter pursuant to Article 16. 9.9 Limitations on the ENGINEER's Authority and Responsibilities: a. Neither the ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by the ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by the ENGINEER shall create, impose or give rise to any duty owed by the ENGINEER to the CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. b. Whenever in the Contract Documents the terms"as ordered," "as directed," "as required," "as allowed," "as reviewed," "as approved," or terms of like effect or import are used, or the adjectives"reasonable,""suitable,""acceptable,""proper,"or"satisfactory"or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the WORK,it is intended that such requirement,direction, review,orjudgment 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. General Conditions of the Contract Page 35 of 75 I _ t>Trr met': ef!-tn„rirnft i I C. The ENGINEER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, orthe safety precautions and programs incident thereto,orforanyfailure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The ENGINEER will not be responsible for the CONTRACTOR's failure to perform or furnish l 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 ororganization performing orfurnishing any of the Work. e. The ENGINEER's review of the final Application for Paymentand 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 I 10.1 General: a. Without invalidating the Agreement and without notice to any surety, the CITY may, at any time or from time to time, order additions, deletions, or revisions in the Work; such additions, deletions or revisions will be authorized by a written Change Order or a Work Directive Change 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 6.10e or in the case of uncovering Work as provided in paragraph 13.5b. d. The CITY and the CONTRACTOR shall 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 General Conditions of the Contract Page 36 of 75 i I of, decision in accordance with the provisions of the Contract Documents and applicable Laws and I Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Article 6.12. e. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.2 Allowable Quantity Variations on Unit Price Contracts: In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, 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 ENGINEER's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the CITY, payment for the work involved in such excess will be made on the basis of force account as provided in Article 11. b. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price 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 ENGINEER's Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11, herein, or such adjustment will be as agreed to by the CONTRACTOR and the CITY. C. When the compensation payable forthe number of units of an item of work performed in excess of 125 percent of the ENGINEER's Estimate is less than $5,000 at the applicable Contract Unit Price, the ENGINEER reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the CONTRACTOR. 10.4 Decreases of More Than 25 Percent on Unit Price Contracts: a. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the ENGINEER's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, General Conditions of the Contract Page 37 of 75 ........ 1J 'tllt??@7t( Of I! Vtf721,-yj Jwlc A( lluosi FnrQlroi::�f;ntis will be paid for by adjusting the Contract Unit Price 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 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; or such adjustment will be as agreed to by the CONTRACTOR and the CITY. C. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the ENGINEER's Estimate of the quantity for such item at the original Contract Unit Price. 10.5 Eliminated Items on Unit Price Contracts: a. On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the CONTRACTOR for actual 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 forthe eliminated item prior to the date of notification of such elimination by the ENGINEER, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the CONTRACTOR. In such case, the material paid for shall become the property of the CITY and the actual cost of any further handling will be paid for by the CITY. If the material is returnable to the vendor and if the ENGINEER so directs the CONTRACTOR, the material shall be returned and the CONTRACTOR will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. C. The actual costs or charges to be paid by the CITY to the CONTRACTOR as provided in this Article 10 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Article 11. ARTICLE 11 -- CHANGE OF CONTRACT PRICE 11 A 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 Price. b. The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly(but in no event later than 30 days) General Conditions of the Contract Page 38 of 75 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 Directive Change or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Article 11.4, herein. 3. On the basis of the Cost of the Work (determined as provided in Articles 11.2 and 11.3, herein), plus the CONTRACTOR's Fee for overhead and profit (determined as provided in Article 11.4, herein). 11.2 Cost of Work (Based on Time, Materials, and Equipment and CONTRACTOR's Overhead and Profit): a. General:The term"Cost of Work"shall mean the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment plus CONTRACTOR's overhead, and profit in the proper performance of work. Except as otherwise may be agreed to in writing bythe CITY, such costs shall be in amounts no higherthan 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 General Conditions of the Contract Page 39 of 75 i�r Iiaf1 . �5�lFtti .5, i�J��i.1Y(i9Y.^x�{ nf A VlIJ U47n ♦i tl/7{.; (�:� :.��I i 7t'0307- Rc lunsi or Zuot,�ii ris on behalf of, the workers, other than actual wages as defined in paragraph 11.2b(1), herein, and subsistence and travel allowance as specified in paragraph 11.2b(3), herein. 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 underthe 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 numberthereon at a conspicuous location,and shall furnish to the ENGINEER, in duplicate, a description of the equipment and its identifying number. General Conditions of the Contract Page 40 of 75 00 3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. 4. Individual pieces of equipment or tools having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 5. Rental time will not be allowed while equipment is inoperative due to breakdowns. e. Equipment on the Work: The rental time to be paid for equipment on the work shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and 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. 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. General Conditions of the Contract Page 41 of 75 0 0( f0jlr'7I7 .lime; if 11.:3 Special Services: a. Special work or services are defined as that work characterized by extraordinary complexity, sophistication,or innovation ora combination of the foregoing attributes which are unique to the construction industry. The following may be considered bythe 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 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 hereundershall be subject to all ofthe provisions of the Contract Documents and the CONTRACTOR's sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the CITY for review prior to the performance of any work hereunder. 11.4 CONTRACTOR's Overhead and Profit: a. Work ordered on the basis of 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 home office overhead. The allowance for overhead and profit will be made in accordance with the following schedule: ACTUAL OVERHEAD NECESSARY AND PROFIT COST ALLOWANCE Labor 10 percent Materials 5 percent Equipment 5 percent General Conditions of the Contract Page 42 of 75 • • !')ra�5£1TU1T?^71� Of fwrattor� i2 (C�jOi�:''f`2,00.3-01",- Request QilOmticns 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. C. Material charges shall be substantiated byvalid copies of vendor's invoices. Such invoices shall be submitted with the Daily Work Reports, or if not available, they shall be submitted with subsequent Daily Work Reports. Should said vendor's invoices not be submitted within 60 days after the date of delivery of the material or within 15 days after the acceptance of the Contract, whichever occurs first,the CITY reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities concerned delivered to the location of work less any discounts as provided in paragraph 11.2c, herein. d. Said Daily Work Reports shall be signed bythe 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 terms and conditions as the cost records of the CONTRACTOR. If an audit is to be commenced more than 60 days after the acceptance General Conditions of the Contract Page 43 of 75 0 .,Ir.; S�;iat�s, Isalx ir'nGt2t C�(Ab�Slti��, „Aa Roou( st Fw {JtlO*ali'on-, 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 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 aftersuch 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,anyother person or organization, or to any surety for or employee or agent of any of them,for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or(ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work. General Conditions of the Contract Page 44 of 75 0 0 �'„�rr: ' �usnr;s. r)r:;.,a;tmr�nt aPr-'r,;tatern ,1unG %'G 'JL3 Refifio,i Fa OmoOtions ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.'I 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. Neitherthe right to inspect, nor the presence of inspectors,the ENGINEER, consultants, or testing agencies hired bythe CITY orthe ENGINEER, northeir general review orapproval shall relieve the CONTRACTORfrom 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 A 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: 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 General Conditions of the Contract Page 45 of 75 0 • .. i r7PtE)S i C}1r1f1tTr�i?I Of of lRa0em ,IiNip ,',`C) 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 (orthe work of others)that is to be inspected,tested, or approved is covered by the CONTRACTOR without written concurrence of the ENGINEER, it shall, if requested by the ENGINEER, be uncovered for observation. e. Uncovering Work as provided in paragraph 13.4d shall be at the CONTRACTOR's expense unless the CONTRACTOR has given the ENGINEER timely notice of the CONTRACTOR's intention to cover the same and the ENGINEER has not acted with reasonable promptness in response 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 ENGINEER's observation and replaced at the CONTRACTOR's expense. b. If the ENGINEER considers it necessary or advisable that covered Work be observed by the ENGINEER or inspected ortested 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 WORKwill 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 CITYto stop the WORK shall not General Conditions of the Contract page 46 of 75 of Avlc wvf n�t3 2 >Ct;a ;-61 1'"ot-Oooro atfons give rise to any duty on the part of the CITY to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.7 Correction or Removal of Defective WORK: If required by the ENGINEER, acting directly or through the Project Representative, the CONTRACTOR shall promptly, as directed, either correct all defective WORK, whether or not fabricated, installed or completed, or, if the WORK has been rejected by the ENGINEER, the CONTRACTOR shall remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall pay all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of the Work of others). 13.8 Correction Period: a. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any WORK is found to be defective,the CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions: (i) correct such defective WORK, or, if it has been rejected by the CITY, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective WORK corrected or the rejected WORK removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by the CONTRACTOR. b. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the WORK, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Article 13.8, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. d. Unless otherwise provided in the Supplementary General Conditions,the CONTRACTOR shall provide a post-construction, correction and repair Performance Bond in the amount of 100 percent of the Contract Price to coverall correction and repairs orother 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 General Conditions of the Contract Page 47of 75 0 �, r; i< s, a r�;rir �•rr! ofAocrtiort n� Pry v .., ., U(J,-v.'- I�Ui7f,`;15(rOt t,�flf7fililii!)5 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 Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by the CONTRACTOR to the CITY. 13.10 The CITY May Correct Defective Work: If the CONTRACTORfails within a reasonable time afterwritten notice from the ENGINEER to correct defective Work orto remove and replace rejected Work as required bythe 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 CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the CITY, the CITY's representatives, agents and employees, the CITY's other contractors and the ENGINEER and the ENGINEER's Consultants access to the site to enable the CITY to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the CITY in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by the CITY of the CITY's rights and remedies hereunder. ARTICLE 14 -- PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.1 Schedule of Values (Lump-Sum Price Breakdown): The schedule of values or lump-sum price breakdown established as provided for in the Contract Documents shall will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the ENGINEER. 14.2 Unit Price Bid Schedule: Progress payments on account of Unit Price Work will be based on the number of units completed. General Conditions of the Contract Page 48 of 75 `ilN'ow6, !%9G tVitreov orl ioiG_,o ,'f200 -0/-t `oquo,31 r! L i'ii'r777G,"YS 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 CONTRACTOR's Total Earnings to Date, plus the Value of Materials at the site which have not yet been incorporated into the WORK,and less a deductive adjustment for materials installed which were not previously incorporated into the WORK, but for which 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 $5000 and will become a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all Stop Notice claims, charges, security interests, and other encumbrances. and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which must be satisfactory to the CITY. 14.4 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all WORK, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of final payment free and clear of all Stop Notice claims. 14.5 Review of Applications for Progress Payments: a. Upon receipt of each application for payment, the ENGINEER will either indicate in writing a recommendation of payment and present the Application to the CITY, or return the Application to the CONTRACTOR indicating in writing the ENGINEER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and promptly resubmit the Application. Thirty-five days after presentation of the Application for Payment to the CITY with the ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.5b) become due and when due will be paid by the CITY to the CONTRACTOR. General Conditions of the Contract Page 49 of 75 • 0 -r s. !J!9tJ:1((I, en( of AV,ElilGn JLP72 2(t ,. RC�pU85f F0�"Q(EbiflTlc�"[g b. The ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by the ENGINEER to the CITY, based on the ENGINEER's on-site observations 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 ofthe 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 CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is the ENGINEER's responsibility to observe the WORK. C. The ENGINEER's recommendation of any payment,including final payment,shall not mean that the ENGINEER is responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of WORK, or for any failure of the CONTRACTOR to perform or furnish WORK in accordance with the Contract Documents. d. The ENGINEER may refuse to recommend the whole or any part of any payment if, in the ENGINEER's opinion, subsequently discovered evidence or the results of subsequent inspections ortests, nullify any such payment previously recommended, to such extent as may be necessary in the ENGINEER's opinion to protect the CITY from loss because: 1. the WORK is defective, or completed WORK has been damaged requiring correction or replacement, 2. the Contract Price has been reduced by Written Amendment or Change Order, 3. CITY has been required to correct defective WORK or complete WORK in accordance with Article 13.10, or 4. The ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2a.2 through 15.2a.5, inclusive. e. The CITY may refuse to make payment of the full amount recommended by the ENGINEER because: 1. claims have been made against the CITY on account of the CONTRACTOR's performance of the WORK or Stop Notices that have been filed pursuant to the provisions of Section 3179 et seq. of the California Civil Code 2. 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, 3. there are other items entitling the CITY to a credit against the amount recommended, as provided in paragraph 14.11c, herein, or 4. the CITY has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.5d.1 through 14.5d.3 or paragraphs 15.2a.2 through 15.2a.5, inclusive; General Conditions of the Contract Page 50 of 75 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. 14.6 Beneficial Use or Occupancy and Partial Utilization: a. Partial Utilization: The CITY shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified in writing by the CITY, identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service. b. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all items or portions of the WORK to be partially utilized shall be borne by the CONTRACTOR. Upon issuance of said written notice of partial utilization, the CITY will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice. C. Beneficial Use or Occupancy: The CITY shall have the right, at its option and convenience, to occupy or otherwise make use of all or any part of the project premises at any time prior to substantial completion, upon 14 days written notice to the CONTRACTOR. Beneficial occupancy or use shall be subject to the following conditions: 1. The CITY shall use its best efforts to prevent occupancy from interfering with the conduct of the CONTRACTOR's remaining work; 2. The CONTRACTOR shall not be required to repair damage to the premises if the same was caused by the CITY's occupancy or use; 3. The one-year correction period for those portions of the premises occupied and equipment used by the CITY shall start as of the date of actual occupancy or use; 4. Occupancy or use shall not constitute acceptance by the CITY either of the completed work or any portion thereof, nor will it relieve the CONTRACTOR from full responsibility for correcting defective work or materials found before completion and acceptance of all the work during the period specified in Article 13.8, herein; 5. Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial Completion/Notice of Completion or a Cessation of Labor; 6. There shall be no added cost to the CITY due to pre-completion occupancy or use; 7. The CONTRACTOR and its surety shall execute a "No Change in Price" Change Order prepared pursuant to this Article 14.5; 8. Effective 12:01 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 General Conditions of the Contract Page 51 of 75 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/orthe ENGINEER does not consider the WORK substantially complete, the ENGINEER, through the Project Representative will notify the CONTRACTOR in writing,giving the reasons therefor:Upon recommendation of the Project Representative, if the ENGINEER considers the WORK substantially complete,the ENGINEER will prepare and deliver to the CITY for its execution and recordation the Notice of Substantial Completion/Notice of Completion signed bythe CITY,the ENGINEER,and the CONTRACTOR, which shall fix the date of Completion.As applicable, there shall be attached to the Notice a list of items to be completed or corrected before release of retainage or funds withheld to secure payment for such items remaining to be completed or corrected. At the time of delivery of the tentative Notice of Substantial Completion the ENGINEER will deliver to the CITY and the CONTRACTOR a written recommendation as to division of responsibilities pending final payment between the CITY and the CONTRACTOR with respect to security, operation, safety, maintenance, heat,utilities, insurance and warranties and guarantees. Unless the CITY and the CONTRACTOR agree otherwise in writing and so inform the ENGINEER in writing prior to the ENGINEER's issuing the definitive Notice of Substantial Completion, the ENGINEER's aforesaid recommendation will be binding on the CITY and the CONTRACTOR until final payment. b. Completion shall mean Substantial completion, which shall mean substantial performance of the Contract as defined in Black's Law Dictionary 4th Edition, by West Publishing Co., St. Paul Minn., See definition of"Completion" and "Substantial Completion" in Article 1, herein. C. The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow the CONTRACTOR reasonable access to complete or correct items 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 General Conditions of the Contract Page 52 of 75 9 0 •.,,.�;,: jj'li f%(r{�;��_ 77oni )' �"-)loifor ,�ti 8? %fi �f1i 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 forfinal payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii)consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop Notices arising out of or filed in connection with the WORK. In lieu of such releases or waivers of Liens and as approved by CITY, the CONTRACTOR may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the WORK for which the CITY or the CITY's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplierfails to furnish such a release or receipt in full,the CONTRACTOR mayfurnish a Stop Notice Release Bond or other collateral satisfactory to the CITY to indemnify the CITY against any Lien. 14.11 Final Payment and Acceptance: a. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage or other withheld funds, as applicable, including the deductions listed in paragraph 14.11c, herein. General Conditions of the Contract Page 53 of 75 „= Palm S;�rr;, ,. %);.po; rnr,.�i:i ot;;viaa ;nrI une ii Regmo„f Foj Crroioiio.)s 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 underthe 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 afterthe 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 bythe CITY's governing body,the CITYwill 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. General Conditions of the Contract Page 54 of 75 ' ;70O]'�7' ��;^os/Fo/ C}/m/ehu//x C. If,through no fault of the CONTRACTOR,final completion of the WORK is significantly delayed and if the ENGINEER so confirms, the CITY will, upon receipt of the CONTRACTOR's final Application for Payment and recommendation of the ENGINEER, and without terminating the Agreement, make payment of the balance due fn[th8t portion o[the VVORKfu||y completed and accepted. If the remaining balance to be held by the CITY for WORK not fully completed or corrected is less than the [eLaiU8geStipu|a(od 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 L0the 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 Vfclaims. 14.13 CONTRACTOR`sCentinuing Obligation: The CONTRACTOR's obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute. Neither [eC0[ADleUdati0D 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 [}OCunoonto' 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 8pp[0V8l of Shop Drawing or sample SUbnoida|' will constitute an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the WORK in accordance with the Contract Documents. 14.14 Waiver efClaims: a. The acceptance bythe 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 orfurnished for,or relating to, the WORK orfor any act or neglect of the CITY or of any person relating to or affecting the WORK, except demands made against the CITYfor 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 tn the date Ofthe Notice of Substantial Completion/ Notice ofCompletion h. The making and acceptance nf 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 bv 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 General Conditions of the Contract Page sao/ rs • • 517(+rFijS. , :oa?r;llt OF,n�V;L7Ptr7Y7 ,1DIIL' ,`?00'5-07- R o wosf For tro! iir�rts 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 as provided in Articles 11 and 12. 15.2: Termination of Agreement by the CITY (CONTRACTOR Default): a. In the event of default by the CONTRACTOR, the CITY may give 10 days written notice to the CONTRACTOR of the CITY's intent to terminate the Agreement and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR upon the occurrence of one or more of the following events: 1. If the CONTRACTOR becomes insolvent, or assigns its assets for the benefit of its creditors; 2. If the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled 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 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.lf the CONTRACTOR fails to remedy the conditions constituting defaultwithin 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's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), 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 General Conditions of the Contract Page 56 of 75 ta�. 5jd�9O°'. '.i=)(T7"1tt1El7C 17f Av:vunPt <'C+ 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 CONTRACTOR's 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. 15.21 Termination of Agreement by the CITY (For Convenience): Upon 7 days'written notice to the CONTRACTOR,and the ENGINEER,the CITY may,without cause and without prejudice to any other right or remedy of the CITY, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items) for the following: 1. For completed and acceptable Work executed in accordance with the procedure prescribed for the making of the final application for payment and payment under Article 14.7, herein. Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 4. For reasonable expenses directly attributable to termination. The CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.4 Termination of Agreement by the CONTRACTOR: The CONTRACTOR may terminate the Agreement upon 14 days written notice to the CITY, whenever,through no act or fault of the CONTRACTOR,the Work is suspended for a period of more than 90 days by the CITY or under an order of court or other public authority, or the ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or the CITY fails for 30 days to pay the CONTRACTOR any sum finally determined to be due,then the CONTRACTOR may, upon 7 days'written notice to the CITY and the ENGINEER, and provided that the CITY orthe 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 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 General Conditions of the Contract Page 57 of 75 0 `��l+ rt/,3 1}l;J,9c7ri1hY'H'r Of,�11rr1tir�;', Jr;„ . "�C;; to the CONTRACTOR, including interest thereon. The provisions of this Article 15.4 are not intended to preclude the CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 -- DISPUTE RESOLUTION 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 bythe making or accepting of final payment, shall upon timelydemand of either party be subject to resolution under the following provisions and the provisions of Article 18.18, herein. b. No demand for arbitration or litigation may be made until the earlier of the following listed times: 1. The date on which the ENGINEER has issued a written decision as provided in paragraph 9.8a. 2. The sixty-first day after the date of the ENGINEER's receipt of a claim or dispute, or for an adjustment of contract terms, or both, if a decision has not been issued by that date. C. Pending a resolution of the claim or dispute, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the ENGINEER's decision unless the parties to this contract otherwise agree in writing. If and to the extent that CITY and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached,and subject to the provisions of Articles 9.7 and 9.8, CITY and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 -- MISCELLANEOUS 17.11 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 orto 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. General Conditions of the Contract Page 58 of 75 0 0 i?G?t!i?I?18',I(( orluo,,ItiOl' 17.21 Computation of Times: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of 24 hours measured from midnight to the next midnight shall constitute one day. 17 A Right to Audit: If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may have been engaged in the performance of the WORK. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY. 17.5 Notice of Claim: Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Article 17.5 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.6 Cumulative Remedies: The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Articles 6.5,6.8,6.13, 6.14, 13.2, 13.8, 13.10, 14.4 and 15.2 and all of the rights and remedies available to CITYand 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, General Conditions of the Contract Page 59 of 75 «l,r: 3 P1, rs r rJ;,?i a;xrrlt of A,viodjar: -ci =',_.,G;-Ol- Rcrurr r I'c+ C3rroGrNt,ru> but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. ARTICLE 18.0 -- CALIFORNIA STATE REQUIREMENTS 18.11 State Wage Determinations: a. As required by Sections 1770 and following, of the California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site. b. The CONTRACTOR shall, as a penalty to the CITY, forfeit $50.00 for each calendar day, or portion thereof,for each worker paid less than the prevailing rates as determined bythe Director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. 18.2 Workers' Compensation: a. In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to its employees. b. Priorto beginning work underthe Contract,the CONTRACTOR shall sign and file with the CITY the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract." C. Notwithstanding theforegoing 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. 18A 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 penaltyto the CITY,forfeit$25.00 for each worker employed in the execution of the Contract bythe 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. I General Conditions of the Contract Page 60 of 75 I I c�i 'ahii 5pr'rr�g�r f?>f)r,d neni of "C - i-'CCfU�2i7FOf C ioiotirws 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 CITY's governing body,the CITYwill file, in the County Recorder's office, a Notice of Completion of the WORK. 18.7 Unpaid Claims: If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the CITY a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the CITY shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the ENGINEER shall, in its discretion, permit the CONTRACTOR to file 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: jPursuant 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 I request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall I return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit j of securities with an escrow agent shall be subject to a written agreement for in-lieu construction I 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 General Conditions of the Contract page 61 of 75 i i i • • iJ,;parbiienio(Avofirlr: 003-0/- Remfo,f Fol QifofrafionSs 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 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 Division 7 of the Business and Professions Code)arising from purchases of goods, materials, or services by and for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 18.12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under paragraph 18.12a shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on j the following basis: I 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. I j 2. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. General Conditions of the Contract Page 62 of 75 i I i •ref/ lnf Sr>rt,rrs_ DOPp IrGaven?cf`A, 0f fon 1'icrnunsi ( brCroorarions 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. E 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. I 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 j name and address of the CONTRACTOR awarded the contract or performing the contract shall I not be marked or obliterated. j 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 j 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 j 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 j Enforcement, these penalties shall be withheld from progress payments then due. I g. A copy of all payrolls shall be submitted weekly to the ENGINEER. Payrolls shall contain the j 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 1 st 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 I General Conditions of the Contract Page 63 of 75 • gs. I'e�s�rt;nrt ofii��riron =>p.ci 1..Cli.+-GT-Requesf Foj Quotalfons 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. I 18.15 Travel and Subsistence Pay: a. As required by Section 1773.8 of the California Labor Code the CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the WORK, as such travel and I subsistence payments are defined in the applicable collective bargaining agreements filed in I accordance with this Article. b. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids. 18.16 Removal, Relocation, or Protection of Existing Utilities: a. In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility,between the parties to the contract,for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency General Conditions of the Contract Page 64 of 75 .'Songs, Dopartmefn2 of'A I`.dUoin in the plans and specifications made apart of the invitation forbids.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 work. b. The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. C. Nothing herein shall be deemed to require the public agencyto 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; NoticeonDiscoveryofHazardousWaste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract I As required under Section 7104 of the Public Contracts Code (Stats. of 1989), in any public works contract of a local public entity which involves the digging trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface shall be subject to the following conditions: The CONTRACTOR shall promptly, and before the conditions specified in Article 4.5, herein, are disturbed, notify the public entity in writing, of any of the conditions described in Article 4.5, herein. 18.18 Resolution of Construction Claims: a. As required under Section 20104, et seq., of the California Public Contract Code, any demand of $375,000 or less, by the CONTRACTOR for a time extension, payment of money, or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this Contract; or payment of an amount which is disputed by the CITY shall be processed in accordance with the provisions of said Section 20104,et. seq., relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. I 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. i C. Within 30 days of the receipt of the claim, the CITY may request additional documentation I supporting the claim or relating to defenses or claims the CITY may have against the CONTRACTOR. If the amount of the claim is less than $50,000, the CONTRACTOR shall respond to the request for additional information within 15 days after receipt of the request.The t General Conditions of the Contract Page 65 of 75 i I 0 0 >tTn, ;1w1ngso O•>pgr'l,rreo( jwr : ;r , ;.:F,OC13.01, ,Qorpfesl f'rn Offo:gtiuos 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 CITYshall 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 I I i i t General Conditions of the Contract Page 66 of 75