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HomeMy WebLinkAboutReso 1970-5773 Form No~ 312 RevF, 8-67 RESOLUTION N0~ 5773 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT' FOR THE INSTALLATION OF UNDERGROUND TREE LIGHTING AT THE CHULA VISTA MUNICIPAL GOLF COURSE ENTRANCE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the following seven bids were received and opened at 11:00 a.m. on the 18th day of August , 1970 in the Council Chambers of the City of Chula Vista for under round tree lighting at the entrance of the Chula Vista Municipal Golf Course Miller Electric Const. Co. $6,340.00 Frontier Contracting 6,490.00 Southern Contracting Co., Inc. 6,957.00 Davies Electric 7,272.00 Chula Vista Electric 7,292.00 Arrow Electric 7,997.00 California Electric 9,111.00 and WHEREAS, it has been recommended that said contract be awarded to the lowest responsible bidder, Miller Electric Const. Co. who has assured the City that he is a licensed Contractor in the State of California and can produce an acceptable perf"ormance bond. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept said seven bids, and does hereby award the contract for said underground tree fighting to Miller Electric Const. Co. to be completed in accordance with the specifications as approved by the City Engineer of the City of Chula Vista- BE IT FURTHER RESOLVED that the sum of $6,500.00, being the lump sum bid amount of $6,340.00 plus $160.00 for minor contingencies that may develop be, and the same is hereby appropriated from the un- appropriated surplus of the General Fund for said underground lighting. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by ane o e, irec o u is Works Approved as t~f~m by ~eorg~ ~-Lin erg, Z'.i yt~'~~ y -1- ADOPTED A~'D APPR_OVED by the CITY COUNCIL of the CITY OF CELTLA VITA CALIFORNIA, this 25 day of August , 19 70 , by the follo~,~ine vote, to-wit: AYES: Councilmen Egdahl, Scot, Hamilton, Hyde r?AYES: Councilmen None ABSEP~T: Councilmen Hobel r Mayor of the City of C ula Vista ATTEST ~r/~~.__. ` t ~ cE ~~ ~C1L~~+/~.L~~ Ci,~v Clerk ~ STATE OF CALIFORNIA COUNTY OF SAPd DIEGO ) ss. CITY OF CHULA VISTA ) I, ??ENNETH P, CAMPBELL, City Clerk of the City of Chula Vista, Ca1Lr~~nia, DO HERB BY CERTIFY that the above and foregoing is a full, true and corre,L c;,p~,•~~t and that the same has not been amended or repealed, DATED : City Clerk ~~5~ ~ l73 y ~ ~ i INSTALLATION OF AN UNDERGROUND TREE LIGHTING SYSTEM AT THE CHULA VISTA MUNICIPAL GOLF COURSE August 14, 1970 ADDENDUM #2 Subject: Section 5-04 (F) of Special Provisions, Conductors And Cables is amended to read as follows: Conductors to be used may be any of the following: Cu #3 !.W or Cu #3 THW or Al #2 THM Cu #8 T.W or Cu #8 THW or Al #8 THW Cu #12 Tk or Cu #12 THW or Al #10 THW Cu U.F. Cable 12-2 with ground or t-1 U.F. cable 1D-2 with ground. Conductors #8 and larger shall be stranded lighting circuits and control circuits shall be color coded as directed by the engineer. Aluminum conductors shall be compatible with all materials as listed in Section 5-04 (L) of these special provisions. Please acknowledge Addendum ~2 as provided below. Acknowledged by: City Eng Weer -----~ ~ 3 ~l L~L'1T'~_lL~`a a.Y~:4r:~~4,' '..'i as';7 rr +-~ !-}f•r•5"'A rvr 11.~1~11.~, .~,. i:L;LI lJ l~~a~' 4~~Y~:.? Iii August 11, 1970 F~Dlia:Z4''i~'',3i`~ v1 Subject : Revz.si!~n to Drawing No. 70-29D as follows 200 amp service from Po~f.°er Pole ~89s39 to ~~eat'.~er- proof cG~binet and switchboard panel shall by installF~d by contractor rather than by San Diega C7as & Electric. Company an ind_~.cated on puns. Please acknowledge «ddendu~Y~ ~1 as provided belo~~a r~. ~~. ~~~ ~ w,~ ~,__.. r ; _ Y" 1 ~ ~~ / Ackr_.owledged by: g #17 SPECIFICATIOfdS FOR THE INSTALLATION OF AN UN.DERG-ROUPdD TREE LIGHTING SYSTEf~1 AT THE CHULA VISTA MUNICIPAL GOLF COlJRSE EPdTRANCE CITY 0=" CFiUL?3 V~STr. STATE OF Cr'~_LIFCRa'VIt'` NOTICE '_~'O CONTRACTORS SEALED PRGrOSAI,S T.aill be received at the office of the City Engineer, City of Chula Vista, urit_i 11:00 A,M. or_ August 18, 1970 at which time they will be publicly opened and rend for performing :vork as follows: "THE INSTALLATION OF AN UNDERGROUND TREE LIGHTING SYSTEM AT THE CHULA VISTA MUNICIPAL GOLF COURSE ENTRANCE". No bid will be received unless it is made on a Proposal Form furnished by the City Engineer. Each bid must be accompanied by cash, certified crock, cashier's check, or bidder's bond, made payable to the City of Chula Vista, for an amoun~ equal to at least ten percent (10~) of the amoun~ bid, such Guaranty to be forfeited should the bidder to whom she contract is awarded fail to enter into the contract. In accordance with the Provisions of Sections 1770 and 1781 of the Labor Code, the City Council, by Resolutior. No. 5488, approved December 23, 1969, has ascertained the general. prevailing rate of wages applicable to the work to be done. The prevailing wage scales are available in the office of the City Clerk. No bid will be accepted from a contractor who has not beer licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. Plans, forms of proposals, bonds, contract, special pro- visions and specifications may be examin`d at .the office of the City Engineer, Room 117, Civic Center, Chula Vista, California. Copies of plans and specifications may be obtained at said office upon payment of $3.00 If payment is to be made by check, it should be made payable to the "City of Chula Vista". NO REFUND WILL BE NLADE . The special attention of prospective bidders is called to Section 2, Proposal, Requirements, and conditions for instructions regarding bidding. The City Council reserves the right to reect ar~y or all bids and to waive any irregularity or informality n any bid to the extent permitted by law. CITY OF CHULA ViS Dated : JUL. 2 6 1970 . Director of Public Works -~ ~_ _s . _~ 7 7~ • • PROPOSAL To The Honorable Mayor and City Council City of Chula Vista, California The undersigned declares that he has carefully examined the plans and specifications "FOR THE INSTALLATION OF AN UPIDERGROUND TREE LIGHTING SYSTEM AT THE CHULA VISTA MUNICIPAL GOLF COURSE ENTRANCE" and that he has examined the location of the proposed work and read the accompanying instructions to bidders, and hereby proposes to furnish all materials, and do all the work required to complete the said work in accordance with said plans, specifications, and special p~°ovisions, for the unit price or lump sure set forth in the following schedule: APPROXIMATE 1 i~ Y I UI R C PR C ITEM QUANTITIES ~dRITTEN Ind bdOR~?S FIGURES TOTAL 1. LUMP SUM Furnish, install and connect up 54 recessed lighting fixtures, 2 outdoor fluorescent _ lighting fixtures, all conductors, conduit and other appurtenances necessary to install the underground tree lighting system at the Chula Vista Municipal Golf Course Entrance. S~~ ~ N a~£ ~d ~-~ po~1~21 aN v ~' __ _--~, F~roposal (ContinuP~) The andersigneu further agrees that in case of default in executing the required contract, with necessary bonds, within the tern (10) days not including Sunday, after having received notice that the cor_+_ract is roauy for signature, the proceeds of the check or bond acr.ompanying his bid shall become the property of the City of Chula 5Tis1.:n. Licensed in ar_°cordance with an Act providing for the regis- tr3tic~n of Co.rtractors, License No. 2 3 ~d Z~ Contractor' s State License Classification ~ ~ Signature of bidder: (i£ an individual, so st~ If a firm or copartnership, state the firm name and give the names of all individuals, copartners com- posing the firm. Tf s corporation, also names of President, Secretary, Treasurer and I~Sanager thereof, and affix the Corporate Seal thereto.) Dated : -.~~~., 19~(~ .838 B~~ .~/~ ~~. ~~~ o (Business Address) ----~,~ • P.FFIDAVI7' TO ACC0:~IPANY PRG~'7.?1L USE THIS FO~ZA~ WHEN BIDDER iS AN Ti:VDI~JlD'JAL STATE OF CALIFORNIA ) SS COUNTY OF~~^^SAN DIEGO/) (NAME)/~/~~,[1~[ 6~"~G//P/~G G-~/~t/fji!'. ~ affiant, being first duly sworn, deposes and says; ' that he is the bidder who makes the accompanying proposal; that such proposal is genuine, and not sham or collus~.ve, nor made in the interest or in behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corpo- ratior_ to refrain from Ridding, and that the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Subscribed and sworn to before me ._, _ ~-~~- .> MyCommission Expires Aprll 23, 187tG AFF IL`A~lI`1' - C~~'~TI~rLTED USA.. TN.IS 1:>:2i<, GrHEL~ EIDDER IS A CO•-i'~'.Ri~~eF~r~SHI? STATE CF CP.LIFORI~IA } SS. COUNZ~I OF SAIv DIEGO ) _ _ Affiant (s), being first duly s~~orn, each for h~_r~-:self cepvses and says; That (~Tarc°s of a.ll Partners) are partners, doing business under tre firm name and stele of (i3a~,:e of Firm) ~.- and that said co-partnership makes the aecL~:~p=znying proposal; that such proposal is genuine, and not sham or coylusive, nor mace in the interest or in behalf of any person rot tr`rein named, and that the bidder has roc direct?y or indirectly in~uced or solicited any other bidder to put in a sh~.~m bid, or any other ~=er_son, firm or corporation to ~:efrain frGn bidding, and that tr.e bidder has not in ar.- manner sought by col'~~sion to secure ror himtielf an acvantare over any cthe--r bidder. J Subscribed and u~•~~~-r. to before me This day of 19 Notary Public in and for ~he County of - State cf ------ j _~ " f ~' ~ ~~ AFFIDIVZ a -- CONTI~ti?':D USF '~'`~TS FOFu4i Lv'?-±T'?~? BT_DnER IS A CURPORAiION STATE Or Cx~I.~IFOR~TIA ) SS. COUNTY OF SAN DIEGO ) . aff~.ant, the President, Secretary or Mgr . Of cr . _________._ of Name of Corporation the corporation who makes the accompanying proposal, having first been duly sworn, 6eposes and says: that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not therein named, and that t;ie bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding; and that the bidder has not in any manner sought by collusion to secure fc>r itself an advantage over arty other bidder. Subscribed and sworn to before me This ~ day of 19 .Notary Public in and for the County of State of (Signature) President, Secretary or Managing Officer r------~ -, . • AMERICAN FIDELITY FIRE INSURANCE COMPANY ___________________New York=====_______________ BID BOND BOND NO. 04-306-793642 KNOW ALL MEN BY THESE PRESENTS, that we Miller Electric Construction Co. 1838 Bacon St., San Diego, California as Principal, hereinafter called the Principal, and AMERICAN FIDELITY FIRE INSURANCE COMPANY, a corporation duly organized under the Laws of the State of New York and authorized to transact a general surety business in the State of California, as Surety, hereinafter called the Surety, are held firmly bound unto: City of Chula Vista as Obligee, hereinafter called the Obligee, in the sum of: 10% of bid not to exceed One Thousand-------------------------------------Dollars, ($ 1,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Installation of underground tree lighting system at the Chula Vista Municipal Golf Course Entrance. Bids 8/18/70. The condition of the above obligation is such that: If the bid of said principal hereto attached shall be accepted by the Obligee, and the contract for the delivery of materials, equipment or supplies, or the contract for the furnishing of services, materials, supplies, labor and performing the work, all as specified in the specifications, notice inviting bids and bid, be awarded to the principal, and if principal shall enter into a contract therefore with the Obligee, and the obligee, a good and sufficient faithful performance bond, and, if required in the notice inviting bids, a good and sufficient labor and material bond, with surety or sureties, then this obligation shall be void, otherwise it shall remain in full force and effect. Signed and sealed this 5th day of August 19 70• `O BAF 301 (4/ 69) 1MP ~ AMERICAN FIDELITY FIRE INSURANCE COMPANY B Y: Attorney-in-Fact STATE OF CALIFORNIA, County of LOS ANGELES On this 1 ss. 5th day of August in the year 19 ~~ before me, SANDRA L. DAWSON, a Notary Public in and for the County and State aforesaid, personally appeared ____ Arthur Bernstein known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the said Company th reto as surety, d his wn name as Attorney-ia-Fact. OFFICIAL SEAL ,SANDRA L. DAWSON NOTARY PUBLIC -CALIFORNIA ;~ ~ PRINCIPAL OFFICE IN ~ "~~ LOS ANGELES COUNTY . My Commission Expires Feb. 17, 1974 /~ BI iZ5 BG"D ~'~'~~ nCC`'C;`~Ai.`~' P~~AL K.T30'JT ALL 2~fEN BY TI-~ESE PRESENTS, That I/V7e as Principal, and as Surety, are Held and firrzly bound unto tr.~ City of Chula Vista in the sum of ~$ ), to be paid to the said City or its attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLT.GATION IS SUCH: "THE II~iSTALLATI0I3 OF AN UNDERGROUND TREE LIGHTING SYSTEM AT 9'i~E L'HUTA VISTA MUNICIPAL GOLF C©UFtS?s ENTRXUJCE", dated is accepted by the City of Chula Vista, and if the above bounden his heirs, executors, admini- strators, successors and assigns, shall duly enter into arLd execute a contract for such construction and shall execute and deliver the two bonds described, on or before the date specified in the "Notice of Award", which date shall be not less than ten (1Q) days (not in- cluding Sunday), from the date of the mailing of a notice to the above bounden by and from the City of Chula Vista that said contract is ready for execution, then this obligation shall became null and void, otherwise it shall be and remain in full farce and virtue. IN V7ITNESS WHEREOF, I/V7e hereunder set our hands and seals this day. of 19 APPROVED AS TO FOR.~7: City Attorney __-..___ "-"`°"`~" -- . Bond Number 04-406-794361 . _ - _ , iii"~C.~? ALL I<,F_J D~% i~-z~,~ ~~LSr't~"S, arat I/+Ae Miller Electric Construction Co., the Contractor in the ccntr~wct :~:,reto annexed, as Principal and American Fidelity Fire Ins. Company , as Surety, are h`ld and firmly bound unto the CITY OF CF-iULA VISTA, a ~unicii al Corporation, located in San Diego County, California, in the sum of Six Thousand Three Hundred Forty and 00/100 ($ 6,340.00 ) lawful money of the United Mates, for which payment, well and truly to be ir~ade, ~•.e bind aur_selves, jointly and severally, firmly by these presents. Signed, sealed ar~d dated SeQtember 3, 1970 The condition of the above obligation is that if said Principal, as Contractor in the contract hereto annex:~d, shall. faithfully perform each and all of the candit~.ons of said contract to b performed by him, and shall furnis'n all tools, equipment, a~oparatus, facilities, transportation, labor and material, other than ~~aterial, if any, agreed to be furnished by the City necessary to perform and complete in a good and workmanlike manner, tl~e work af: "THE INSTALLATION OF AN UNDERGROUND TREE LIGHTING SYSTEM AT THE CHULA VISTA MUNICIPAL GOLF COURSE ENTRANCE", in strict conformity with tl~e forms and candi.tions set forth in the contract hereto ann~~:sEd, and s'rall pay ar cause to be paid, a.L1 persons who perform la'~~~~r for, or fu?~n1Sli P"iaterial.~~ t0 said C^.:ltra~~t0't, or t0 4ny SubCantraC"nor 3_n t}'ie 'Xf'C__L2tlai2 of the Said CCintrczCt, then thla obligation shall be null an~3 void, otherwise tc remain in full force and effect; and the Surety, for value received, hereb•~;~ stirulates and agrees that no change, ey:tcnsi_an of time, aJ_tcYation o-r addition to th` terms of ;-he c~ntruct or to the wank to be performed thereunder, ar the specificatia~iC acca~t~~;arying the same, si:all iA~ any ~~~ se affect its obligations an thi:> bo;~d, and ~t coes hereby ,~:aive notir_e of any S11C1'A change, e~.tt'n~1Gi1 CZ-F t~~_r'i°?, ~-.!.ts~rati Qty !7~ :uG`1t:,._+~:i t0 tI2C terms of the contract or to the T~~crk or to t~:o s~~eci:~icaticns, ~_~t~~ .~S~D/.~,('~1,, ~ 4 Ame can ide Fire Insurance Co. l .~.- ,.~.~___._~.m~ ••a..f Arthur Bernstein/Attorney-in-Fact ractor - --- ~ Sure~~y "_~._~w.~.,_....__.._.._ -____o____...._ :~PPRC`~'ED AS TC1 F GRAi •._^._,~ , ~-'- 1~'z' , City Attorney ~} 3 :~ 7~ STATE OF CALLFORNIA, ) ss. County of L05 ANGELES ) On this 3rd day of September in the year 19 ~~ before me, SANDRA L. DAWSON, a Notary Public in and for the County and State aforesaid, personally appeared Arthur Bernstein known to me to be the person whose name ie subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the said Company thereto as surety, and hie own name ae Attorney-in-Fact. OFFICIAL SEAL SANDRA L. DAWSON NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Feb. 17, 1914 i E • ~~ Bond Number 04-406-794361 -t .. . y _. .. .. ... 1:~©:w 7.LL A;~N ~~ E"ri ~; r t .:„_:_~ ~`S , ~ `~ ~ -~ I/ o Miller Electric Construction Co. the Contractor ire tl~o contract l~:creto arne~zeo, as .'rinC:.~~al, and erican Fidelity Fire Ins. Company as Surety, a_re he.l.d and firmly bound unto the CI~~Y OF CHi;.C,.ri V.1ST.i, a i•lunicipal Corporation, located in San Diego County, California, in the sum of Three Thousand One Hundred Seventy and 00/100 ($ 3,170:00 ~ lawful money of the United States, for urhich payi;~ent, ~•lell and truly to be made, we bind ourselves, jointly and severally, firmly by these presc-r_ts. Signed, sealed and dated ~_ September 3, 1970 The condition of t'rIe above obligation is that if said Principal as Contractor in the contract hereto annExed, or his or its subcontractor, p=ails to pay for any material, provisions, provender, or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done by said Contractor, namely, to furnish all tools, equip.~,ent, ap;:,aratus, facilities, transportation, labor, and material, other than rc~aterials, if any, agreed to be furnished by the City, necessary to perform and ccmp?_ete, and to perform and complete ir. a good and worl;manlil:e mar_ner, the work of : "THE INSTALLATION OF AN UNDERGROUND TREE LIGHTING SYSTEM AT THE CHULA VISTA MUNICIPAL GOLF COURSE ENTRANCE", in strict cor.fo.rr.~ance with the forms and conditions set forth in the con~:rnct hereto anr.~xed, or for any work or labor done thereon of any kind, said Surety s~:ill p,~.y the same i n an amount rot excQe~dir_g tl.e suM hereinabove sot forth, and also i n cos` suit i_s brctzght upon t}: s bold, a reasonable attorney's zee to be fi.;;od by the co'arts. This bond shall inure to the benefit of any and all persons, co:r;rani.es, and corporations el~title.d to file clai:ls ~.~r~c:~r a_~d by virtue of tl~c pro- visions of an act of the reaislature of the Stata of California nntztlcd "An Act to Secure the ~Jay,;,ent of the Claz_,:2s of r^~:rsens E~1~ployed by Contractors t{pon Fu':~lic ?`~?arks, ~~r,d the Claims of Persons who Furnish I~~aterZalS', Si.ipiJ1ZP_5, `yea?T'.S, ~I;??~leR-,PntS, Or Ar'~C117.n~~ry Used or consumed by stack Contractors in the Perf;~=~~7,a:~ce o sucl: Gpori;s, and Prescribing the Duties of Cartain ru;~li.c Cr'_ ~ces_s ~~:i_'~.h Y expect Thereto, " approved May 10, 1919, arlended; ar~d tr.e sa id Surety, for va.l_uo received, i.ereby stipulates and agrees that na cliancc, °x-`F~;~:~? o:: or time, alter- ation, or addition to the ~:erms of tho cor~t-~-.ct ^.c to th~~ T~~ork to be perfor:~ed thereunder or ayhe spoof=icai~c~-i~ ..u-;°ot„~-~a~.j r, ~-~, ~n,, 11 A. ~.n~ ~~~e su :~. sha in any way affect its ouJ_igatiol.a on this bc~d, anal i_t dotes hereby waive notice of a.ny sac:. changes, C?atOr.si ~.~n <_.f ti::zo, alts-~-~•a.tion or addition to the tez~~;;s of tine contract ar to the c.~c•rk or to the speci-- fica.t' s. • ~ w ~_ ~ Amer,~lcan pide}.ity Fire Insurance Co. Istein/Athorney-in-Fact -.; ~_._ ~_.,.. ~ 3 (This affidavit shall be e;~:ecut'cd by file ::~cczssx:ui uidd~.r in accordance with ii-:s~cructions in thc~ Proposes ~_ T;~ sui remer_ts of tliis contract, but binder r.:ay e~_:cute file affidavit on this page at the time of submitting his bid). N.7N-COT~LU~I0~3 F~FFIDAV~T To the City of Chu 7. ~.'ista, ~;epdriment of Public Works, Division of Engineering: The undersigned, in su'~:;;itti:ig a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action .r. restraint of free competitive bidding and has not accepted any Deposit from any sub- contractor or materialman through any bid depository, the by-laws, rules and regulations of which prof-:ibit or prevent the Contractor from considering any bid from any sub- contractor or materialman, which is rot processed through said bid depository, or which prevent anv sub-contractor or materialman from bidding to ar.~~ contractor who does not use the facilities or accept bids from or through such bid depository in connection with this contract. . ~~ ~ o B ess Address ...tune of b~.dde Place of Residence Subscribed and sworn to before me this ~ day of { 19~K Notary Public in and for the Count- of ` Y ~,-~-r~~; /~:~,~~,--. State of California. ~9`.w°; 'MF OFFICIAL SEAL W' s. DUANE M. HUGHES m ~'t~:,- o NOTARY PUBt ~C-CALIFORNIA ~ .~~,~,,''` j SAN DIE ,U COUNTY `a~F~a~~"/ My Commission Expires Jan. 23, 1974 X76 Guava Ave., P. O. Box 1087, Chula Vista, Ca. 92012 ~ /~ G ~ ` ~ /, / ~ti - f ~~ =- ~`'-"~s Pdotary ~ Yublrc _. _-- __ ~'~iJ ~l':iA L'1 This Contract, madam and entered into this ~ day of .~_F~._.. 19 %L~ by and between the City of Chula Vista, a charter city, State of California, here~.rafter ca /llod the "Owner" and hereinafter called the "Contractor"; WITNESSETH: That the Owner and the Contractor for the consideration, hereinafter named, agree as follows: 1. The complete Contract includes all of the Contract Documents as if set forth in full herein, to wit: The Advertisement for Bids; the Proposal; the Accepted .Bid; the Affidavit to Accompany Proposal; tha Faithful Performance Bond; the Labor and Material Bond; the Plans and Specifications; Standard Specifications of the City of Chula Vista; this Contract and all addenda setting forth any modifications or interpretations of any of said Documents. 2. The Contractor will furnish all materials except as otherwise provided in the Specifications or on the Plans and will perform all the work for: "THE INSTALLATION OF AN UNDERGROUND TREE LIGHTING SYSTEM AT THE CHULA VISTA MUNICIPAL GOLF COURSE ENTRANCE." All of the above work is on City property, and under the directions of the Engineer or other official designated by the Owner to supervise said work, all as provided in and subject to the Contract Documents. 3. The Owner will pay the Contractor in current funds for the per- formance of the Contract on the basis of the accepted unit prices and the actual measured quantities of work done at such times as are stated in the Specifications, and will otherwise fulfill its obligations thereunder. 4. All time limits stated in the Contract Documents are of the essence of this Contract. ~~, fc ~ _ ~ STATE OF CALIFORNIA, ) ss. County of LOS ANGELES ) On this 3rd day of September in the year 19 ~~ before me, SANDRA L. DAWSON, a Notary Public in sad for the County and State aforesaid, personally appeared Arthur Bernstein known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the said Company thereto as surety, and hie own name as Attorney-in-Fact. OFFICIAL SEAL SANDRA L. DAWSON NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Feb. 11, 1974 C(~LVri'ilt'~Cl "' Conti.nu.c-~d IN 1wsTisESS r~JIIERLOF', tl~le parties hereto have e.;ecuted this Contract t}ie duy and year_ first abovE written. FCR THE CI~i'Y: ;r ~~Y - ,. -' C~`I~' CLERK F'OR THr: CO~tTRr CTOR I hereby ce~-i ~_fy that I have ex~.mi ned this Con'~.~~act and find i t to b~ in c~CCOY'duI'!C~: W1~'fl tide ~rOVi ~i On8 Of tYle ~- r S mate o. Cal ~.fo_ nia PY ~ ' TA~T.rE OF CO~TE~~TTS Sectior Title Page Z Proaosai Requirements and Conditions i 2 Legal Relations 4 3 Prosc,cution and Progress 6 4 ~u~ ntities, Measurement- and Payment 10 5 Sp~c~.al Provisions 13 ~ S. ~~~~ 1--C~o. tar"l."]1lD Oh Ct~~`j•~t~x_C1 a' The award of the contract, it it be awarded, wi~_1 be to the lowest responsible bidder :•~'rrose .proposal_ complies ~:~ith all the requirements described. The award, if males will be ;rude within t'_nirty (30) days after the opening a:~: the bids. E,11 bids will be compared on the basis of the Engineer's estimate of nLlanti.ties of wor?~ to be done. 1-07. EXF,CU'I`~Oid L?I, COi`1TFtA,CT: The contract shall be signed by the successful bidder, and returned, together with the contract bonds, withir_ ten (10) days after. the bidder has received noticy that the contract has been awarded, No proposal shall be considered binding upon the City until the exe- cution of the contract. It shall be th-.. responsibility of the Successful Bidder to make an appointment within the above time limit to sign the contract in the City Engineer's office and to discuss the construction operations with the Engineer, or his representative. Failure to execute a contract and file acceptable bonds as provided 'herein ~1~ithin ten (10) days after the 'raidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. 1-08. RETURN OF' BIDDER'S GU~RAN^IES: Within ten (10) days after the a~•~ard of the contract, the City cif Chula Vista will return fire cash or checks accompanying the proposals which are not to be considered in making the ati•~ard. X11 other pro- posal guaranties will be held urr~~il the contrac'~~ has bean fi.nal?y executed, after which the cash or checks will be returned. .3i~ bonds will be returned upon request. 1-09. CONTr.ACT BONDS : The Contractor shall furr_ish two (2) good and sufficient bands. Or.,e of the said bonds shall guarantee the faithful performance of the said contract in the amount of 100% of the total bid price, and the other of said bonds shall be furnished in the amount of 50go of the total bid price. "An act to secure paymer_t of t'ne claims of persons employed by Con- tractors upon public works, and the claims of persons who furnish materials, supplies, teams, implements, or machinery used or con- su~:ed by such Contractors in the performance of such wor'fs, and prescribir_g the duties of certain public officers with respect thereto," approved May 10, 1919, as amended. ~~~;~, _~77 j ~~c~llc,a 1 ?ROeOSAL R^:7UI?R_Ei~T~~TTS a?tiTT,~ COidDITI011S 1-01. Ex1~I~II%???TIO'v OF PI~'~`;iS, SF'^CZF'IOyTIOr~aS, cPECIAL PROVISIOiyTS AND S`r mE Or` ~O%~ : .___ _._. The bidder is req~~ired to exa:ine carefully the site of and the propasal, plans, sp4cif.-icatior~s, and cantract farms for tho 4~ork contemplated, arc? ~_t will bL assumed that the bidder has investi- gated ar~d is satisfie~a as tc the conditions to be encountered, as to the charac~cer, quality, anc; quantities of work to be performed and materials to be furnished, and as to tj'ie requirements of the specifications, the special provisions, and the contract. It is mutually agreed that submission of a proposal.. shall be considered prima facie evider_caj that the bidder has made such examination. 1-02. PROPO~ ~L F0~2:` a All proposals must be made upon forms furnished by the Department r o~ Public Pyarks. 1-03. REJEC!_ION Or PROPCSAI,S COIv7TAINING ALTERtiTIONS ER=~SURES oR IRR~cuL.aRI s .~~s Proposals may be rejected if they show any alterations of form, additions rot cal_3_ec7 for, conditional or alternative bids, in- complete bids, erasures, ox irregularities of any kind. The right is reserved to reject any arld all proposals. ~..-G4. BIDD"'F: ` S Gti'~.R~,N`~'ti ; All bids shall be presented under sealed cover and shall be accarapa- nied by cash., cashier's check, or bidder's bond, made payable to the City of Cht;la Vista, for an amount equal to at least ten percent (lfl%) of the amount of said bid, and no bid shall be considered unlesa such cash, cashier's check, certified check, ar bidder's bond is enclosecT thereF,vith. i-05. PUBLIC OPENING O~ P';OPOSALS Proposals will ?~e opened and read publicly at the time and places in- dicated in the Notice to Contractors. Bidders or t;~eir authorized r~:presentatives are invited to be present. -1- ,- _~ ~~S .~77~ Thy form of the uond requir^d i ~~ att~.ched ~>>ith the propo_al. Whenever any surety or sizr~ties on any such bonds, or on any bonds required by la,,~ for. tY.e protection of the claims of laborers and materiairc~•n, become i_nsui:f_i.cient, or the City Engineer has cause to believe that s~1c'r1 surety or vuret?,e~, Nave become insufficient, a demand in writing racy be made of the Contr~:ctor for such further bond or bonds or ac~c?iticnal surety, r_ot. exceeding that originally required, as i_s considered necessarl, not considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor, or ary assignee of the Co:~tractor until suc~~ further bond or bonds or additional surety has been furnis'ned. 1-10. I`TON-COLLUSIOiv F..°.OVISIGi~~ The Contractor to U:~~om t'nis contract is to be 4warded s'nall file a sworn Edon-Collusion Gff_davit execut~vd by, or on behalf of, the person, firm, association or corporation to ~~ahotn the contract is awarded. This affidavit s'nall be executed and sworn to by the successful bidder before such persons as are authorized by the laws of the State of California to a~7minister oaths, on the form included in these contract documents. The original of such sworn statement s:zall be fild with the City Cler'~ prior to the award of the contract. -3- -~fS ~7~ ~; r C"P i C;?~T ~ 2-Ol. ALlf;a:; LABOR: The Contr.accor shall forfeit as penalty to the City of Cn~.t-la Vista, ten dollars,,, ($~. iiv) for eaCr aZi~n kno;vingly ts,:~rployec~.~~:n the execution ofiZe ca_.tract, by`'3~im or by any sub ~ant~='actor under him, or any.~`of~'`~he ~~rcr}; herein is ~,ntioned, for e,eh~~alendar day or portions ,:thereof :ring wi~ich s,~c._ alien is prmittec~'~~or required to labo,~' in violati of-`the Provis$ ns of ~,t`he ?,abor Coc~~,R~Mand in parti~ilar Sections 1 to 1854 there inclus~_ve. "~,,• 2-02. HOURS Or LABOR: The Contractor shall forfeit as penalty to the City of Chula Vista, ten dollars (510.00) for each laborer, workman, or mechanic, employed in the execution of_ the contract by him o by any sub-contractor under him, upon any of the work 'nercmer.tioned for each calendar day during which said laborer, work::lan, or mechanic iG roquired or permitted to labor ?yore than eigh~~ (8) hours in violation of t'ne Provisions of the Labor Code and in particular, Sections 1010 to 1816 thereof inclusive. 2-03. LABOR DISCRIysIIv?'TO~T: No discriiination shall be made in the eraployrr;er_t of p~rsans upon public works because of the race, color or re?.igion of suc'n persons and every Co~~ztractor for public works violating this Sec}.:icn is SUr]eCt t0 all penalties iliip05°:=G for a ~~iC=_4t1.0I"_ Qf C'~:apf~er r~ O-;' Part VII, in asco-_•c;anc•: ~•riti~ the Provisions oL Sac~i.ens ?_735 of th Labor Code. 2-0~t. ~PREV~ILI~G '+`I GE : The Contractor shall forfeit as loer~alty to the City of Chula Vista, ten dollars ($10.00) for each laborer, wor',srlan, or mechani c employed for each calendar day, or portion thereof, t:zat such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract by him, or b,,r any sob-contractor under him, in viclation of the Pro~~~isions of the Labor Code and in particular Section 1770 to 1781 thereof inclusive. Th:~ City- Council of tree City of Chula Vista has ascertained tale general prevailing rate of wages applicable to the wor', to be dons. Said ~„rages are sped fled in t'ne "Notice to Contractors, " w.zich is hereby mace a i art of these specifi.catior.s. -4- ---~, ~~S ~ _~ ~~ ,L-Q5. DO2•~STIC .A'I'=~_ r•, ~IF.~.S Cnly such urmaruiactured articles, materials, and supplies as have been mined or prod~.~c:~d in the United hates, ar_: only such manu- factured articles, n.aterials and supplies as have been manufactured in the United State, substa::ti_~11y ull fr~;n articles, materials and supplies mined, produced or so manufact~~red, as the case may be, in the Un~i_ted Stages, shal'_ be used in the perfoLmance of th4 contract in accordance with the Provis;ans of Sections 4300 to a30;, of the Government Coda. The City of Chula Vista does prefer supplies gro:~n, manufactured or produced in the State of California and shall next prefer supplies partially manufactured, groi•~n or produced in the State of California. Any person, firm or corporati`:~ who fails to comply with the Pro- visions of the Act shall not be awarded anl~ contract to which the Act applies for a period of three years from date of violation. 2-06. INSURANCE RE~2UIREI~2ENT5: Contractor shall, at his own expense, carry and maintain dur?.ng the course of the work o£ construction, WorY.men's Compensation Insurance and Comprehensive Liability Insurance, naming ts-,.L City of Chula Vista as an additional insured, in the amount of at least one hundred thousand dollars ($100,C00.00) for any occurre;~ce resulting in the bodily injury or death of any one person; t.~ree hundred thousand dollars ($300,000.00) for any occurrence resulti:~g i W n bod_ ly injury to, or death of, more than one person; Autome'saile Prcperty Damage Liability in the amount of at least ten thousan~ dollars ($10,000.00); and Property Damage liability, other than Autorncbi.le, in L o~ fifty thousand dollars 5 t.~e amount five {S) days after the awarding0ofOtOhe conltract, yandobefol~elCCZ1;~onin t'ne work of construction, aeposit with the Fina:~ce Officer of t'r.e cing City, a certificate certifying that such insurance i.s, and will be, in full force and effect from the time the u;ork is com_-rencod until completed. 2-07. TAXES: All applicable State or Federal taxes shall be considered as included in the amoun'~ paid far the various items of work. The Contractor sh411 be responsible for payment of such taxes to the propQr ro,;ei-r._ mental authority. • -5- ,_--~~5 - _~ 7 L, ~~~ ~ • ~l~l~~11V `~~~1V ~ .31-7 'lF?T~I T l~ uF ~: .r~_~ r~cLs Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1960 and 1777.0 o.r_ the Labor Code concerning tr:e employment of apprentices by the contractor cr any sub-contractor rnder him. Section 1777.5, as amender:, requires the .ccntr.acto_,- or_ s~.ib-co,~trac:o~~ employing tradesmen in any appronticeable occupation to apply to t:~a joint apprenticeship co:;~-:littee nearest, the site of the public wor_k:; project and which administers the apprenti_ceshi~, program in that trade fcr a certificate of approva,), The certificate will. also fi.x the ratio of apprentices to journeymen that will be used in th•~ pF~~r-- formar,ce of the contract. The ratio of apprentices to -journeymen in su~l-i cases sh~~zli not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent ir. the °0 days prior to the request for certificate, or B. When the nurtioer of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/3G of its membership through apprenticeship training on an annual basis statewide or locally, or ~. When the contrac±-or provides evidence that he employs re- gistered apprentices on all of his contracts on an annual average cf not less than one apprentice to eight journe~~en. The contractor is required to make contributions to funds established for t:~e administration of apprenticeship programs if he employs re- gistered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such cor_tri butior_s . The contractor and any sub-contractor under him, shall comply with the requirements of Sections 1777.5 and 1777.0' in the employment of apprentices. Information relative to apprenticeship other requirements may be obtained from Relations, ex officio the Administrator Cisco, California, or from t'rre Division and its branch offices. standards, :~~age schedules, and the Director of Industrial. of Apprenticeship, San Fran- of apprenticeship Standards - 5A- 1 s~:~~rrnrJ ~ PROSECUs'ION Ar;~ PROGRE~s 3-Ol. SL'BLETTI~~G AND ASSIGN"~1Er7T: the Contractor shall give his personal attention to the fulfillment of the contract and si:all keep the wor,c under "r.is control. Sub-contractors will not be recognized as such, and all perso:~s engaged in the work of construction wi11 be ca:lsldzred as e.:~ployees of the Contractor and their work s'rlall be subject to the provisions of the contract and specifications. ~Tnere a portion of the work sublet by the Contractor is not being prosecuted in a mar_ner satisfactory to the City Engineer, the sub- contractor small be removed immediately on the order of the City Engineer and shall not again be employed on the .work. The cor~trar_t may be assigned only upon written consent of the City Engineer. 3-02. PROGRESS Or TuE ~'~lORI{ AND TIPS?E FOR C0;y1PL~ETION: The Contactor shall began work on or before the date specified ir_ the "Notlce of Execution of Contract", which date shall be not lESS than ten ~1G) days following execution of the contract by tyre City. The Contractor shall provide to the City Engineer, written notice of the specific date upon which he plans to commence work. Notice -hay1. be given at least twenty-four (2a) hours in advance. The Contractor shall prosecute the work to completion before the expiration of Thirty (30) consecutive cal~vr~dar days from the date specified in the "Notice of Execui_on of Contract" by trse City. 3-03 ~. C~L~~R_ACTER .OF ~^TOR~~?E~ : If any sub-contractor or person employed by the Contractor fails 3.r refuses to carry out the directions of the engineer, or s'nall. app`ar to the Engineer to b-~ inconpetert or to act in a disorderly or im- proper manner, '_~e shall be discharged imL-nediately on the order of the Engineer, and such person shall not again bejemployed on the woe':, -6- _~~~5 . J ~ 3-0 1ri1t~l7nyRY ~v.JY-'L' ~:, _ ~''l~'' r'~Li'Zi: The Lngir.~er shall have the authority to suspend tre work c:~;.c.ily, or in pa_t, for such. period as he may doom necessary, due to un- suitable weather, or to such other conditions as are considered un- favorable fo_ tho suitable prosecution of the work, or for such time as he may deem necESSary, due to the failure on the part of the Contractor tc carry out orders given, or to perform any provisi.~ns of the wox•k. The Contractor shall iRUnediately obey such orders or the Engineer and shall r_ot resume the work until ordered in writing by the Engineer. 3-05. TIP~IE OF COMPLETION AND LIQUIDATED DP.M_AGES : It is agreed by the parties to the contract that, in case all the work called for under the contract is not completed before or upon the expiration of the time limit, as set forth in these specifi- cations, damage will be sustained by the City of Chula Vista, and that it is and will be impracticable to determine the actual damage which the City wi?_1 sustain in the event of and by reason of such delays; and it is t'nerefore agreed that the Contractor will pay to the City of Chula Vista the sum of fifty dollars ($50.00) per day for eac'n and every days delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City of Chula Vista may deduct the amount thereof from any money due, or that may become due, the Contractor under the contract. It is further agreed that, in case the work called for urdEr the contract is not finished and completed in all parts and requa_re~nents within the time specif~_ed, the City Council shall have the night to extend the time for completion or not, as may seem best to ver~~e the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further nave the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, azid which accrue during the period of such extension, except that the cost of final surveys and prepa- ration of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any de lay in the completion of the work caused by Acts of God or of the Public Enemy, acts of the City, fire, floods, epidemics, quarantine restr_~ctions, strikes, freight embargoes, and unusually severe weather or delays of sub- contractors due to such causes; provided that the Contractor shall, -7- _ ,~- ..5 ~i 3-05.CONTINUED: within ten (10) days from the beginning of any such delay, notify the Engineer, in writing, of the causes of delay, who shall ascertain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. 3-06. SUSPENSION OF CONTRACT: If, at any time, in the opinion of the City Council, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satis- factory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall dis- continue said work, or such parts of it, as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative may take possession of all,. or any part of the Con- tractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional materials and supplies at the Contractor's expense, as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase th.~ materials contracted for, in such manner as the City Council may deem proper or the City Council may annul and cancel the contract and re-let the work, or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefore, in the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City, as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or -8- annu'_raent thereof, -the decision of the City Council shall be minding on all parties to t:re contract. she right of Yaay for the work to be done w; 11 be provided by t';;c City. the Ccn'~ractor shall make his ov.;n arrangements, and pay all expenses for additional area required by him outside the limits of ri ~:a o~` ~~~ay. -9- St~''C~l'1rJi~I [1 „~ -r-~ n V` * H'~ U N~'ITIES, 1ti1f~~1Sv,~. y~.'_~''.1 ADTD ~~~~,•,~,,,'1 ~._Ol. QUAPv~T?'TIES : The estimate of the quantities of work to r,~ done and materials to be furnished ure approximate only, being given as a basis for the comparison of bids, and the City of Chula ~Tista dces not expressly or by implication agree that tl-!e actual_.amount of wor'r will correspond t~ierewi'th, but re SerTJCS the ri:~ht tO 1nCreaS~ Or decrease the a:'~iOL1nt of any class or portion of the work or to emit portions of the wor', that may be deemod necessary or expedient by the Engineer. 4-02 . TIE~'1SURETvZEi~TT ~~' QIT_Ai1TTTI~'S : Measurement of quantities shall conform to the provisions in Section 9-1.01 of t'ne State Standard Speciticat~..ons except that all material paid for on a by weight basis shall be weighed on a public scale. The Contractor shall, at his own expense, furnish Public 'v~;eigh- master ~ s certificates or certified daily SUrii~~;ar~r .neigh sheets, and a duplicate weig'.z slip or a load slip shall be furnished to each vehicle weighed and the slip s'nall be delivered to tl-.e Engineer at the point of delivery of the material, 4-03 . PI~Y:IENT Payment shall be made at the l~k~np s"m or unit prices bic', said pay-. me.zt being full co~-~pensation for furniskiing all labor, ma±eria?=, tOG.~S, and equ~pmen+~_ dnd dOing all L~'SriS Sh~~:7n Or! the= p~.aiS Or Si_7_p~J 14ted in the specifications and special provisions for that part~.cular item of ;aor',~. Quantities of materials ~ti~asted or disposed of in a manner not called for under the contract or placed outside the pay lines ind~_cated or! the plans or approves' by the Engineer, or ren~?ining on 'nand after completion of the work, will not be paid for. ~r-Q4. Eh'I'P.A r~tiD FOE CL r-~CC0TT'1T 5ti'0R~: Extra <<~or'c as herelnbefore defir_ed, whe:-z Ordered and accepted, shall be paid for under a written work order in accordance with the terms t:~er~~ i rx pro~~~ided . payment for extra work T,~i 11 be made at the unit price or lump sum previously agreed upon by the Contractor ar~d the Engin er; _or b_y force account. If the ~•~ork is done on force account, the Contractor shall receive the -c-cual cost of all materials furnished by him as shown by his -1~_ ~ S ~ ~ 1 ' 4--04 . CONTINUED : ' paid vouchers, plus 15 percent. For all labor, equipment and teams that are necessary, he shall r@ceive the current prides in the lo- cality, which shall have been previously determined and agreed to in writing by the Engineer and by the Contractor, plus 15 percent; provided, however, that the City reserves the right to furnish such materials required as it deems necessary, and the Contractor shall have no claim for. profit on the cost of such materials. The price paid for labor shall include any compensation insurance paid by the Contractor. All extra work and force account work shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily report shall thereafter be considered the true record of extra work or force account work done. 4-05. CEiANGE IN PIORK: The Contractor shall proceed with change in construction from that included in the contract-upon receipt of a change order for same. Said change order shall be prepared in the office of the City Engineer and shall be signed by the City Engineer and the Contractor to indicate agreement. 4-06. PROGRESS PAYNt~NT5: The City shall, once in each month, cause estimates in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor on ground and not used, to the time. of such estimate, and the value thereof. The City shall retain 10 percent of such estimated value of the work done and 50 percent of the value of the materials so estimated to have been furnished and delivered and unused as afore- said as part security for the fulfillment of the contract by the Contractor and shall monthly pay to the Contractor,.while carrying on the work, the balance not retained,~as aforesaid, after deducting therefrom all previous payments and all sums ~o be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made, when in the judgment of the Engineer, the work is not proceeding in accordance with the provisions cf the contract, or when in his judgment the total value of the work dor_e-since the last estimate amounts to less than $300.00. 4-07 . FINAL PAYNIE~IT ; The Engineer. shall, after the completion of the contract make a final estimate of the amount of work done ther~~under, and the value -11- ~ _._~ x'_•07. CO~~`~`I~iUED: of St1Ci1 work, and ti?.` Clty S~7c:li p?y fife :,i1t1rE SUTi SO fOUnCi to be due after deducting, ther~,~rom all previous payments and all arnounts to b: kept and all arnounts to be retained unc?er the provisions of the contr.ac~. A11 prior partial e~tir:ates and payments shall be subject to correction in the ~ ^i-• tina~ e.. ,.ir_..te and payment. Thy: final payment shall not b` dae and payable-> until the expiration of 35 days from date cf acc•~ p~~r~ce of t~~~e <<~or., by the City Council. It is mutually agreod b;:twcvn the parties to the contract that no certificate giver_ or- payments made under the contract, e:>cept the final certificate or final payment, shall be conclusive evide~7ce of the performance of the contract, either whUlly or in part, a~-ainst any claim of the City, a.rd no payment sha11 be construed to be in acceptance of any defective work or improper materials. And the Contractor further agrees that amount due under the contract, and the any wor7s done in accordance with any a relsase the City, t.ze City Council and claims or liability ors account of ~oork or any alteration therof. th payment of tha final adjustment and pad,>ment for ltera-cion~, of the cams, shall the Engineer from any and all performed under the contract -12- ~~ 7'3 ,. SECTION 5 SPECIAL PROVISIONS 5-01. STANDARD SPECIFICATIONS: The Standard Specifications and Standard Dray-wings of the City of Chula Vista adopted by Resolution 4712 on Parch 5, 1968 vrith the latest revisions, are made a part of these specifications. All provisions applicable to the work to be performed per these plans and special provisions of this project shall apply. References to the Standard Specifications have been made in the special provisions. These references apply directly to the work the contractor is to perform. 5-02. STATE STANDARD SPECIFICATIONS: bdhenever, in these special provisions, reference is made to a certain section of the State Standard Specifications, it shall be understood that such sections refer to "State of California, Department of Public 1rJorks, Division of Highways, Standard Specifications, January, 1969." 5-03. DESCRIPTION OF h~ORK: The tivork 'to be done consists of furnishing and installing all conductors, pull boxes, conduit and other appurtenances necessary to install the underground tree lighting system at the Chula Vista f~iunicipal Golf Course Entrance. Blake ready and install salvaged materials consisting of junction boxes and underground light fixtures in storaae at Fred H. Rohr Park. Furnish and instail concrete foundations for power center cabinet and power sub-panel. Install and connect up salvaged pativer center and power panel i n storage at the Chul a Vista f~luni ci pal Gol f Course . Furnish and install additional breakers as required in salvaged power center and panel. Furnish, install and connect up two outdoor fluorescent lighting fixtures including ballast, four underground ligi~t fixtures, three junction boxes and one weather proof subpanel, including required breakers. This proposal covers the furnishing and installing of all fixtures, conduit, conductors and ali other related material as specified in the Standard Specifications, as directed by the City Ergineer ar,d as shown on plans on file in the City Engineer's Office bearing Dra!ving No. 70-29D and Standard Drawings 415 and 418. Any incidental parts not shown on the plans or specified herein, ~Aahich are necessary to complete the conte~nplaE.ed syste~r shall be fur- nished and installed as though such parts were sho;vn a~,d specified herein. City will furnish salvaged materials consisting of 50 recessed light fixtures, 25 junction boxes, power center complete with cabinet, pov,~er panel, lamps and photo electric cell with receptacle. 5-04. CONSTRUCTION DETAILS: (A) Regulations and Codes Use Section 86-1.02 State Standard Specifications _l3_ ~ /c, ~ J 5-04. CONSTRUCTION DETAILS (CONT.): (B) Equipment Lists and Drawings Use Section 86-1.03 State Standard Specifications. (C) Excavating and Back Filling Trenches shall be 1$ inches in depth and of sufficient width to receive a 2 inch conduit and pipes for an underground irrigation system. The irrigation system will be installed by City farces, in the same trench occupied by the underground lighting system. After back filling the trench with sand to a depth of 4 inches minimum over the conduit and the installation of a 1" X 3" rough finished red- wood board as shown in detail on Drawing No. 70-29D, the trench shall not be further back filled until the installation of the underground irrigation system by City forces i s completed. The remaining backfill for all trenches will be placed by City Forces. P.V.C. and U.F. cable to be covered vrith 1" X 3" rough finished redwood. Rigid P.V.C. junction boxes to be covered with 8" X 8" X 1" rough finished redwood. (D) Conduit Steel and P.V.C. heavy wall conduit (Sched. 40) will be used on this project. Depth of conduit, P.V.C. and U.F. cable shall be 18 inches. (E) Pull Boxes Use Section 86-2.06 State Standard Specifications. Three street lighting high voltage pull boxes required per Standard Drawing 415. (F) Conductors and Cables Conductors to be used: #3 T.W. #8 T.W. #12 T.W. U.F. cable 12-2 vrith ground Conductors #3 and larger shall be stranded lighting circuits and control circuits shall be color coded as directed by the Engineer. (G) Wiring Use Section 86-2.09 State Standard Specifications. Splices shall be western union type and soldered then water proofed as follows: 1. Tape with silicone rubber tape, 2. Tape to be coated with silicone Electric R.T.V. 102 - each step approved by the Engineer before 3. The #3, #8 and #12 conductors a for splicing purposes. The #12 splicing purposes. Scotch No. 70. rubber compound - General of splicing shall be proceeding to the next. nd neutrals shall not be cut ground shall not be cut for -14- ' ~ 5-04. CONSTRUCTIOP! DETAILS (CONT.): (H) Bondin Use Section 86-2.10 State Standard Specifications. Ground wires of U.F. cable shall be spliced. Ground wire to be secured to grounding screw in each lamp junction box. No. 8 TW and #12 TW ground wire shall be secured to rigid conduit by means of grounding bushings. All metal raceways, cabinet and other metal containers shall be bonded together in one complete system. . (I) Service Service for underground tree lighting system at the Chula Vista Municipal Golf Course to be supplied at power pole #89839, located at the top of the intersection between Otay Lakes Road and Bonita Road. Service to be installed in accordance with Standard Drawing No. 418. (J) Galvanizing Use Section 86-2.15 State Standard Specifications. (K) Foundations Use Section 86-2.03 State Standard Specifications. The power center foundation shall be constructed of concrete suitably reinforced for power center cabinet. It shall be 12" deep with top to be level. Foundation shall be 6" wide. Template location of bolts from cabinet also external dimensions. Furnish and install cabinet foundation bolts. After all conduit is installed in po;ver center and conductors connected to electrical equipment, place concrete floor in bottom of cabinet, level with top of foundation, of a minimum depth of 4". Provide for drainage of cabinet. Power subpanel foundation shall be constructed at the place and location as sho~~an on Draeving Plo. 70-29D. It shall be 24" deep with top to be level with the adjacent ground. (L) Lighting Use Section 86-5 State Standard Specifications. Install and connect up recessed lighting fixtures. Furnish, install and connect up 2 8' outdoor fluorescent lighting fixtures including ballast. Adjust lamps as directed by the Engineer. Ligf~ts shall be installed under the sign roof; the exact location to be determined by the engineer in the field. The list of salvaged materials shown belo~,v will be stored at Fred H. Rohr Park and the Chula Vista ~~iunicipal Golf Course in 3onita, tivhere they may be inspected by the bidders. -i5- 'r______. ~. 5 ~ ~ 7 7 --~ r• 5-04. CONSTRUCTIQN DETAILS (CONT.): The successful bidder shall be responsible for any damage or other loss of said materials from the time the contractor accepts delivery at the point of storage until such time that it is installed on the construction site and final acceptance of the job by the City. List of Salvaged Materials to be Furnished to Contractor by City 1. 50 Kimco recessed lighting fixtures, Model 3021. 2. 54 P.A.R. 46 spot lights. 3. 25 Kraloy rigid P.V.C. junction boxes, part number E22520. 4. 1 photo electric cell and receptacle. 5. 1 midwest power panel - Midwest Electric Co. P-69-C. 6. 1 power center cabinet with the follo~,~ing equipment installed in it: (A)1 - Square D Servicepac fdo. SS-2-200-X Cabinet. 1 - Square D Lighting Contactor Cabinet ~;o. SCC-l with AC magnetic lighting contactors 1 - 8903 ff~03 4 pol e vai th 115V coi 1 1 - 8903 f••101 2 pol e with 115V coi 1 1 - tork switch f•do. 7100 6 - square D circuit breaker fdo. QO 130 4 - square D circuit breaker flo. 00 140 ~ - square D ciruuit breaker Pdo. 00 120 The list of materials shown below will be furnished by the contractor. List of Materials to be Furnished by Contractor 1. 4 Kimco recessed lighting fixtures, i~1odel 3021, bronze. 2. 3 Kraloy rigid P.V.C. junction boxes, part number E22520. 3. 1 L-108 General Electric fluoroflood fixture t•~hich includes the following: 1 Fluoroflood twin unit Cat. No. (:507G029 2 lamps Cat. No. F96T12/Ct~J/HO 1 cover kit Cat. No. 35-102753-06 1 weather proof ballast Cat. fdo. 6G3535 4. 1 vaeatherproof cabinet & switchboard subpanel with 8 circuit - 100 amp capacity. 5. 2-100 ar~p breaker ° 6. 5-20 amp breaker 7. Kraloy junction box adapters as required. 8. 3 street lighting high voltage pull boxes per Standard Drawing 415. 9. All conductors and other appurtenances as necessary. l0. All conduit and other appurtenances as necessary. 5.05. PERMIT: The contractor shall obj:.ain an electrical perr~it from the Building Depart- ment. Ti~is will be a NO FEE permit. -16- Great American Insurance COMPANIES l.,erti' icate o J~u~urarcce ~ Great American Insurance Company ~ American National Fire Insurance Company (Herein called the Company) In the event of cancelation of the policies designated below, it is the intent of the Company to mail ~-~ days prior notice thereof to: City Of Chula Vista ~ Deft. of Public Works, Engineering Div. 276 4th Avenue Chula Vista, Calif. 92010 L J ~e Company certifies that the following insurance policies have been issued to: NOTE: This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the coverage afforded by the policy or policies numbered in this certi- ficate. ,Mt Vr ~NSUKED James Miller DBA~ Miller Electric Construct4on•Co. ADDRESS OF INSURED 1838 Bacon St. San Diego, Calif. 92107 TYPE OF INSURANCE POLICY NUMBER POLICY LIMITS OF LIABILITY _ _____ _ PERIOD BODILY INJURY PROPERTY DAMAGE ORKMEN'S COMPENSATION STATUTORY NO COVERAGE .d EMP LO_YERS'_LIABILITY $ No COVERAGE DMPREHENSIVE $ PERSON ENERAL LIABILITY $ EACH OCCURRENCE EACH $ OCCURRENCE $ AGGREGATE $ AGGREGATE ANUFACTURERS' AND LP5254598 12/5 70 to 2 $ 7 PERSON $ 5O 000. OEACH DNTRACTORS' LIABILITY 1 /71 $SOO,000. OCCURRENCE $ 5O OOO. AGGREGATE NNERS'AND CONTRACTOR $ PERSON $ OCCURRENCE 40TECTIVE LIABILITY -- -- --.. -_ $ EACH C R $ AGGREGATE NNERS' LANDLORDS AND $ PERSON NANTS' LIABILITY $ OC CHRRENCE $ OC CHRREN E DMPLETED OPERATIONS $ EACH PER AND $ OCCURRENCE $ OCCURRENCE ~ODUCTS LIABILITY -_ $ AGGREGATE AGGREGATE DMPREHENSIVE $ EACH PERSON JTOMOBILE LIABILITY $ OCCURRENCE $ OCCURRENCE OWNED AUTOS $ EACH PERSON $ OCCURRENCE $ EACH OCCURRENCE HIRED AUTOS i EACH ~D PERSON $ EACH OCCURRENCE EACH $ OCCURRENCE OTHER NON-OWNED $ EACH P R AUTOS -- - _ $ OCCURRENCE $ EACH OCC RRENCE JMMERCIAL UMBRELLA ~ LIABILITY $ each occurrence, aggregate where applicable, in excess of Primary insurance recorded. ~~.+~. ~~~~ ~ ivy. .. rv.~ ~.v ~. .. i ivrv yr VYtKA ~ iVNJ ANU AUTOMOBILES COVERED For Installation of an underground tree lighting system at the Chu.1a Vista Municipal Golf Course entrance. is Certificate is not valid unless countersigned by an authorized representative of the Comp y. ~ September 4 , 19 7 0 ~Q/~ ~~~~~ DATE AUTHORIZED RE PRESEN TAT E ORIGINAL Js ~ Septemt~er 17, 1?70 T. 13. Penick and Sons 36i: 3Lth Street San Diego, California you will fi ~d enclosed a certified co~~~- of Council Resolution No. X800 accepting certain -public improvements at Orange Avenue and Loma Lane. The RPSOI_ution was adopted and approved by the Council at -the meeting of September l~, 1970 Jennie i~~. Frzlasz City Clerk Resolution --do. 5300 enclosed x ~~ ~ ~F -~~ c,, ~