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HomeMy WebLinkAboutAgenda Statement 1972/06/20 Item 17City Attohney: P case p)ie.pa)te xile neceeeany (hesoEution) rh (Ohd`nunce)- • = Staff Commentary on AcTenda Item No. 17 CHULA VISTA CITY COUNCIL MEETING OF June 20, 1972 Item Title: Resolution - Accepting Bids and Awarding Contract for the Construction of Parking Lot, Gazebo and Sidewalk at Palomar Park Initiated by: Director of Public Works /City Engineer Attached is a copy of Resolution ( ] Ordinance [ ] Agreement [ ] Plat [ ] Background: The Director of Public Works received formal bids on June 13, 1972 at 11:00 A.M. in the Council Chambers for the construction of a parking lot, gazebo foundation and sidewalk at Palomar Park. The City Council authorized the call for bids on February 8, 1972. The list of bidders and their accompanying bid amounts are listed below. The low bid of $12,130.00, submitted by Hubbard Construction Company, is 15.5% above the engineer's estimate ($10,500). Hubbard Construction Company $12,130.00 T. B. Penick & Sons, Inc. $12,867.38 Griffith Company $13,730.20 See EXIiIBITS [ ] No. Financial $100,000 has been budgeted for park development under the 71 -72 Statement: Capital Improvement Program (PR- 5 -71). Of this amount, $18,287.9 has been expended. This leaves a balance of $67,316.65. commission-Board Recommendation: Not applicable. Department Head That the City Council approve the resolution which accepts Recommendation: the bids and awards the contract to Hubbard Construction Co. and authorizes the expenditure of $13,000.00. City Manager Recommendation: A 113 (Send one copy .to: Admin.i..SVha.tion; City CZeAk; City �t,tnn.ney; Dept Form No. CA 102 7 -66 CERTIFICATE OF CITY FINANCE OFFICER Certification of Unappropriated Balance I HEREBY CERTIFY that the money required for the appropriation of funds for the purpose set forth in the attached resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unappropriated. Amount $ Purpose Bidder Date Fund Finance Officer The City of Chula Vista By Certification of Unencumbered Balance I HEREBY CERTIFY that the indebtedness and oblig- ation to be incurred. bV the contract or agreement author- ized by the attached resolution can be incurred without the violation of any of the provisions of the Charter of the City of Chula Vista, or the Constitution or the laws of the State of California, that sufficient monies have been appropriated for the purpose of said contract, that sufficient monies to meet the obligations of the contract are actually in the Treasury, or are anticipated to come into the Treasury to the credit of the appropriation from which the same are to be drawn, and that said monies now actually in the Treasury, together with the monies antic- ipated to come into the Treasury, to the credit of said appropriation are otherwise unencumbered. Amount Not to Exceed Finance officer The City of Chula Vista Date ��_ %Jl- % 5/ By Fund & / � Dept./Activity A215-_ 71 Purpose ,/mot /<l-o �fyr -�✓ /"�r"/K��s/^�zl�c�r/ Bidder /7 ��/��� �y ✓p% C �rn,l C e��- Certificate No. t� INDUSTRIAL INDEMNITY COMPANY to STOCK COMPANY) HOME OFFICE SAN FRANCISCO NAMED Leon R. Hubbard and Elizabeth Hubbard INSURED 7922 Dagget Street San Diego, California 92111 CERTIFICATE ISSUED TO • City of Chula Vista State of California ' CERTIFICATE OF INSURANCE CERTIFICATE ISSUED BY .INDUSTRIAL INDEMNITY COMPANY P.O. Box 1468 STREET . San Diego,, California = 2112 I NDUSTRIAL INDEMNITY COMPANY has issued coverage effective as of the dates and for the periods and limits specified elow and subject to all terms, conditions, provisions, exclusions and limitations of the described Binders or Policies whether shown y endorsement or otherwise. Any requirements or provisions in any contract or agreement between the Insured and any other person, rm or corporation will not be construed as enlarging, altering or amending the definition of insured or any other terms or conditions f this certificate or the policy designated. KIND OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY COMPENSATION CB 679 2325 EFF 10/1/7 STATUTORY CALIFORNIA COMPENSATION - - -- WORKMEN'S COMPENSATION EXP EMPLOYER'S LIABILITY - - -- $2,000,000 PER OCCURRENCE COMPENSATION EFF STATUTORY COMPENSATION STATE(S) OF WORKMEN'S COMPENSATION EXP EMPLOYER'S LIABILITY - - - - $ PER OCCURRENCE EACH PERSON EACH OCCURRENCE LIABILITY LIABILITY - - -- 250, 000 500,000 BODILY INJURY $ $ AUTOMOBILE EACH PERSON EACH OCCURRENCE BODILY INJURY LIABILITY - - -- LG 661 5155 EFF 10/ 1 /6 500 000 $ 250, 000 $ , EXCEPT AUTOMOBILE EACH OCCURRENCE PROPERTY DAMAGE LIABILITY--- - EXP10 /1/7 $ 100H,000RRENCE AUTOMOBILE AGGREGATE PROPERTY DAMAGE LIABILITY - - -- $ $ Inn-nnn EXCEPT AUTOMOBILE AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE EFF FIRE. LIGHTNING & TRANSPORTATION $ THEFT (BROAD FORM) EXP. $ COLLISION OR UPSET ACTUAL CASH VALUE LESS S DEDUCTIBLE EFF INLAND MARINE $ EXP EFF $ EXP ffective any loss under Automobile Physical Damage Coverage is payable as interests may appear to the lamed Insured and the Lienholder named below in accordance with Loss Payable Endorsement on reverse side. 117VLVGR espects the following described automobilels): YEAR I TRADE NAME BODY TYPE AND MODEL SERIAL NUMBER CRIPTION AND LOCATION OF OPERATIONS — (This certificate of insurance neither affirmatively or negatively amends, extends or alters the '!rage afforded by the policy described herein.) ALL OPERATIONS AND AUTOMOBILES OF THE NAMED INSURED and including the construction of a Parking Lot, Gazebo, Foundation, nd Sidewalk at Palomar Park in the City of .Chula Vista. This policy stall not be canceled nor reduced in coverage until after 10 days written notice of such can - lotion or reduction in coverage shall have been mailed to this certificate holder. Certified this 29th day of June oducer 31 R8 (8 -68) a 19 72 INDUST$AL INDEMI*M COiv1.�A"A`4`7 e AUTOMOBILE LOSS PAYABLE (CALIFORNIA ONLY) th respect to the interest of the Lien - Holder indicated on the Certificate Insurance its successors and assigns, (hereinafter called the Lien - Holder), Its capacity as conditional Vendor or Mortgagee or otherwise, in the )perty insured under this policy, this company hereby agrees as follows: Loss or damage, if any, to the property described in this policy shall be payable firstly to the Lien - Holder and secondly to the insured, as their interests may appear, provided nevertheless that upon demand by the Lien - Holder upon the company for separate settlement the amount of said loss shall be paid directly to the Lien - Holder to the extent of its interest and the balance, if any, sholl be payable to the insured. The insurance under this policy us to the interest only,,gf the Lien - Holder shall not be impaired In any way by any change in the title or owner- ship of the properly or by any breach of viurranty or condition of the policy, or by any omission or neglect, or by tie performance of any act in violation of any terms or conditions of the policy or because of the failure to perform any act required by the terms or conditions of the policy or because of the subjection of the property to any conditions, use or operation not permitted by the policy or because of any false state - ment concerning this policy or the subject thereof, by the insured or the insured's employees, agents or representatives; whether occurring be- fore or after the attachment of this agreement, or whether before or after the loss; PROVIDED, however, that the wrongful coversion, embez- 71ernent or secretion by the Purchaser. Mortgagor, or Lessee in posses- sion of the insured property under mortgage, conditional sale, contract, lease agreement, or other contract is not covered under this policy, un- less specifically insured against and premium paid therefor. In the event of failure of the insured to pay any premium or additional premium which shall he or her-ome due under the terms of this policy, this compony agrees to give written notice to the Lien - Holder of such non payment of premium after sixty (60) days from and within one hun- dred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lien - Holder hereunder that the Lien - Holder when so notified in writing by this company of the failure of the insured to pay such premiurn shall pay or cause to be paid the premium due within ten (10) days following receipt of the company's demand in writing therefor. If the Lien - Holder shall decline to pay said premium or additional premium, the rights of the Lien - Holder under this Automobile Loss Payable Endorsement shall not be terminated before ten (10) days after .receipt of said wither) notice by the Lien- Holder- If the company elects to cancel this policy in whole or in part for non- payment of premium, or for any other reason, the company will forward a copy of the cancellation notice to the Lien - Holder al its office specified hereinafter concurrently with the sending of notice to the insured but in such case this policy shall continue In force for the benefit of the Lien - Holder only for ten (10) days after written notice of such cancellation is received by the lien - Holder. In no event, as to the interest only of the Lien - Holder, shall cancellation of any insurance under this policy cover- ing the property described in the policy be effected at the request of the insured before ten (10) days after written notice of request for cancella- tion shall have been given to the Lien Holder by the company. In the event of cancellation of this policy the unearned premiurn shall be paid to the Lien - Holder, provided the said Lien - Holder has advanced the premium. 49 A If there be any other insurance upon the within - described property, this company shall be liable under this policy as to the Lien - Holder only for the proportion of such loss or damage that the sure hereby insured bears to the whole amount of valid and collectible insurance of similar char- acter on said property under policies held by, payable to and expressly consented to by the Lien - Holder, and to the extent of payments so made this company shall be subrogated (pro rata with all other insurers con- tributing to said payment) to all of the Lien - Holder's rights of contribution under said other insurance. Whenever this company shall pay to the Lien - Holder any sum for loss or damage under this policy and shall claim that as to the insured no lia- bility therefor exists, this company at its option, may pay to the Lien - Holder the whole principal sum and interest due or to become due from the insured on the obligation secured by the property insured under this policy, (with refund of all interest not accrued), and this company shall thereupon receive a full assignment and transfer, without recourse, of said obligation and the security held as collateral thereto; but no sub- rogation shall impair the right of the Lien - Holder to recover the full amount of Its claim. The coverage granted under this policy shall continue in full force and effect as to the interest of the Lien - Holder only, for a period of ten (10) days after expiration of said policy unless an acceptable policy in renew- al thereof with loss thereunder payable to the Lien - Holder in accordance with the terms of this Automobile Loss Payable Endorsement shall have been issued by some insurance company and accepted by the Lien - Holder. In the event of a loss not otherwise covered during the extended ten (10) days period herein referred to, an annual policy covering the same hazards to the property insured under the original policy shall be issued and accepted by the Lien - Holder and Mortgagor. 3. Should the ownership and right of possession of any of the property covered under this policy become vested in the Lien - Holder or its agent, this policy shall continue for the term thereof for the benefit of the Lien - Holder (with all incidents of ownership of the policy) but; in such event, Paragraphs two (2), five (5) and six (6) of this Automobile Loss Payable Endorsement shall nq longer apply; provided, nevertheless, all privi- leges and endorsements which, by reason of the printed conditions of this policy, are or may be necessary to maintain the validity of the con- tract are hereby granted for a period of thirty (30) days and all notices likewise required to be given to the company by the insured are hereby waived for a period of thirty (30) days with the exception of require- ments applying at the time of or subsequent to a loss. 9. All notices herein provided to be given by the Company to the Lien - Holder in connection with this policy and this Automobile Loss Payable Endorsement shall be mailed to or delivered to the Lien - Holder at its office or branch as indicated on the Certificate of Insurance. All other terms and conditions of this policy remain unchanged. This endorsement is hereby made a part of the policy number indicated on the Certificate of Insurance. INDUSTRIAL INDEMNITY, COMPANY THE CONSTRUCTION OF A PARKING LOT, GAZEBO FOUNDATION AND SIDEWALK AT PALOMAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA �l oiaS CITY OF CHULA VISTA STATE OF CALIFORNIA NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the City Engineer, City of Chula Vista, until 11:00 A.M. on June 13, 1972, at which time they will be publicly opened and read for performing work as follows: "THE CONSTRUCTION OF A PARKING LOT, GAZEBO FOUNDATION AND SIDEWALK AT PALOMAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA" 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 check, cashier's check, or bidder's bond, made payable to the City of Chula Vista, for an amount equal to at least ten percent (100) of the amount bid, such Guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. In accordance with the provisions of Section 1770 and 1781 of the Labor Code, the City Council, by Resolution No. 6355, approved February 22, 1972, has ascertained the general prevail- ing rate of wages applicable to the work to be done. The prevail- ing wage scales are available in the office of the City Clerk. No bid will be accepted frofn a contractor who has not been 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 examined at the office of the City Engineer, Civic Center, 276 Fourth Avenue, Chula Vista, California. Copies of plans and specifications may be obtained at said office upon payment of $3.00. Remit $3.50 if you wish to have the plans and specifications mailed to you. If payment is to be made by check, it should be made payable to the "City of Chula Vista ". NO REFUND WILL BE MADE. 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 reject any or all bids and to waive any irregularity or informality in any bid to the ext'ent.permitted by law. Dated: MAY 2 2 1972 CITY OF CHULA VISTA DEPARTMENT OF PUBLIC WORKS r 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 CONSTRUCTION OF A PARKING LOT, GAZEBO FOUNDATION AND SIDEWALK AT PALOMAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA" 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 provisions, for the unit price or lump sum set forth in the following schedule: APPKUXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITY WRITTEN IN WORDS FIGURES TOTAL 1. Lump Sum Grading $ Earthwork $ (Per Lump Sum) L.S.) 2. 419 L.F. 6" Monolithic Curb & Gutter 3. 4. S. l�► r•�.'1� liars �r � $ 3 .S o $ J , � V 4 . S o Per Lineal F of L.F. 20 L.F. 6" Monolithic Curb ` i v-ad t6 ll.►ts F; �fi Gam,. $ 3 .T Per Lineal Fo t L.F. 1,782 S.F. 4" P.C.C. Monolithic Sidewalk (Parking Lot) .. SQ-j 0" J Cam $ .'] 0 Per Square Foot S.F. 3,024 S.F. 4" P.C.C. Sidewalk (Park Site) er hquare Foot S.F. 0).y o ITEM QUANTITY WRITTEN IN WORDS FIGURES TOTAL 6. 111 Tons Asphalt Concrete Surfacing $ IS . Q O $ Per Ton) — (Tony - 7. 227 Tons Aggregate Base S e w. r%4:�a Ita_ $ 'J.60 $ (Per Ton) (Ton) 8. Lump Sum Reinforced cast in place P.C.C. concrete - gazebo foundation (10.3 C.Y. approx.) rat ��.o� so W04 O K e AA w" �ty'T1u o Ooh a„ �C^i4 $ 3 M-L - T o —T —Per Lump Sum (L.S.) — 9. 20 L.F. 4" A.B.S. drain --two'Z�b(t0.ts �1 $ •Sb Per Lineal Foot L.F. ( ) —� GRAND TOTAL $ L Z I zz .S o ■ S6. am M oa • r Proposal (Continued) is The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within the ten (10) days not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of Chula Vista. Licensed in accordance with an Act providing for the regis- tration of Contractors, License No. 3i ; /S/ � (/ Contractor / State License Classification ' 4 /I� Signature of bidder: (if an individual, so state. If a firm or ccpartnership, mate the firm name and give the names of all individuals, copartners com- posing the firm. If a corporation, also names of President, Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.) s R. 4/b6av-J Ul r • 7 � -:z O �,�.¢�t art' at-Lill Dated: ..�//!9 3 19 %Z r� - i1'� / 30 b (Business Address) • • CCv PRC OSAL USr T1-.1IS FORM VMEi3 EIDDER IS AN 1NDIVIBLM.L STATE OF CALIFORiti'LA ) SS. COU'L:TY OF SAN DIEGO ) ? .ME) /-. �? 14t1,q jj?D J;2 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 collu-sive, 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, of any other person, firm or corpo- ration to refrain from bidding, 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 This ., t _ duy of _S..L&,V _ 19 77! Notary Public in and for the County of S+7 Al y -� State of cp L/I (Signature) V Z., sf 077I1VAL SEAL - {I A. SAFFER tine, .. - CALlrosNIA �m IN NJy c rr c ,sir s n, 19, 1976 l`J 1 BIDDERS BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That I /We HUBBARD CONSTRUCTION CO. , UNITED STATES FIDELITY as Principal, and AND GUARANTY COMPANY , as Surety, are held and firmly bound unto the City of Chula Vista in the sum of TEN PER CENT (10%) OF THE AMOUNT BID - - - - -- ($ - - -- 10%------- - - - - -) , to be paid to the said City or its attorney, its successors and assigns; for which pay- ment, well and truly to be made, we bind ouselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: "THE CONSTRUCTION OF A PARKING LOT, GAZEBO FOUNDATION AND SIDEWALK AT PALO�'IAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA" dated JUNE 13, 1972 , is accepted by the City of Chula Vista, and if the above bounden HUBBARD CONSTRCUTION, his heirs, executors, admini- 0. strators, successors and assigns, shall duly enter into and 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 (10) days (not including Sunday), from the date of the mailing of a notice to the above bounden HUBBARD CONSTRUCTION by and from the City of Chula Vista CO. r that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF, I /We hereunder set our hands and seals this 6TH day of JUNE 1972. APPROVED AS TO FORM: i City kitorney UNITED STATES FIDELITY AND GUARANTY COMPANY Utz W. MazIac , orney- n- ac ATTORNEY -IN -FACT AFFIDAVIT STATE OR COMMONWEALTH OF— California--- San Die o ss: COUNTY OR CITY OF ----- - -- -- Before me, a Notary Public, personally came______ Bennett W W. Matlack - --- known to me, and known to be the Attorney -in -Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the :4...i c +.. +-o Ti`irinlif-ir and rllgranty Company. free My Ind. i Bond No. 4o-0120-6111-72 Premium : $91.00 BOND FOR FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS, That I /We L. R. HUBBARD, JR. the Contractor in the contract hereto annexed, as Principal and UNITED STATES FIDELITY AND GUARANTY COMPANY , as Surety, are held and firmly bound unto the CITY OF CHULA VISTA, a Municipal Corporation, located in TWELVE THOUSAND ONE HUNDERD San Diego County, California, in the sum of THIRTY DOLLARS AND 00 /100 ($ 12,130.00 ) lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated JUNE 28, 1972 The condition of the above obligation is that if said Principal, as Contractor in the contract hereto annexed, shall faithfully perform each and all of the conditions of said contract to be performed by him, and shall furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other than material, if any, agreed to be furnished by the City necessary to perform and complete in a good and workmanlike manner, the work of: "THE CONSTRUCTION OF A PARKING -LOT, GAZEBO FOUNDATION AND SIDEWALK AT PALOMAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA" in strict conformity with the terms and conditions set forth in the contract hereto annexed, and shall pay or cause to be paid, all persons who perform labor for, or furnish materials to said con- tractor, or to any subcontractor in the execution of the said contract, then this obligation shall be null and void, otherwise to remain in full force and effect; and the Surety, for value recieved, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompany- ing the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. y At ,Whey �� UNITED STATES FIDELITY AND GUARANTY COMP S e t y ennett R. Matlack,, Attorney-in-fact ATTORNEY -IN -FACT AFFIDAVIT STATE OR COMMONWEALTH COUNTY OR CITY OF California OF San Diego Before me, a Notary Public, personally came Bennett W. Matlack Down to me, and known to be the Attorney -in -Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. I$ tt er ip, .fib §eal tl 1�!i[ 1. P.1-11 Cl- 1 M 'ssion expires - JvA 876 (9-57) 28th day of June 19 72. ry Public. k-16, BOND FOR MATERIAL, AND LABOR KNOW ALL MEN BY THESE PRESENTS, That I /We L. R. HUBBARD, JR. the Contractor in the c9 t hereto annexed, as Principal, an STATES FIDELITY AND GUARANTY, as Surety, are held-and firmly bound unto the CITY OF CHULA VISTA, a Municipal Corporation, located in San Diego County, California, in the sum of SIX THOUSAND SIXTYFIVE DOLLARS AND 00 /100 ($ 6,065.00 ) lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated JUNE 28, 1972 The condition of the above obligation is that if said Principal as Contractor in the contract hereto annexed, or his or its subcon- tractor, fails to pay for any material, provisions, provender, or other supplies, or teams used in, upon, for, or about the perfor- mance of the work contracted to be-done by said Contractor, namely, to furnish all tools, equipment, apparatus, facilities, transporta- tion, labor, and material, other than materials, if any, agreed to be furnished by the City, necessary to perform and complete, and to perform and complete in a good and workmanlike manner, the work of: "THE CONSTRUCTION OF A PARKING LOT, GAZEBO FOUNDATION AND SIDEWALK AT PALOMAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA" in strict conformance with the terms and conditions set forth in the contract hereto annexed, or for any work or labor done thereon of any kind, said Surety will pay the same in an amount not exceed- ing the sum hereinabove set forth, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the courts. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under and by virtue of the provisions of an act of the Legislature of the State of California entitled "An Act to Secure the Payment of the Claims of Persons Employed by Contractors upon Public Works, and the Claims of Persons who Furnish Materials, Supplies, Teams, Implements, or Machinery used or consumed by such Contractors in the Performance of such Works, and Prescribing the Duties of Certain ` Public Officers with Respect Thereto," approved May 10, 1919, amended; and the said Surety, for value recieved, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed there- under or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice `of any su h changes, (tension of time, alteration or addition to,the Of he contra r to the work or to the specifications. i rL. R. UNITED STATES FIDELITY AND GUARANTY COMPANY Contracto Surety AP$ROVED AS F RM : �a " By. Bennett W. Matlack, Attorney-in-fact ity borne ATTORNEY -IN -FACT AFFIDAVIT STATE OR COMMONWEALTH OF_ California COUNTY OR CITY OF San Diego Iss: Before me, a Notary Public, personally came__ Bennett W- Matlack known to me, and known to be the Attorney -in -Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the free act and deed of United States Fidelity and Guaranty Company. 28th SEAL L SP,FFER t .. C L;FORNIA \\ Ce IN 79, TW June ,,. ,19 72 . Public. rr. (This affidavit shall be executed by the successful bidder in accordance with instructions in-the Proposal Requirements of t1his contract, but bidder may execute the affidavit on this page at the time of submitting his bid). NON - COLLUSION AFFIDAVIT To the City of Chula Vista, Department of Public works, Division of Engineering: The undersigned, in submitting 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 in 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 prohibit or prevent the Contractor from considering any bid from any sub- contractor or materialman, which is not processed through said bid depository, or which prevent any sub - contractor or materialman from bidding to any contractor who does not use the facilities or accept bids from or through such bid depository in connection with this contract. Business Address Place of Resi ence SpN Do 05 Subscribed and sworn to before me this day of U' /�� 1922. Notary Public in and for the County of /✓ Pte, State of California. ' C i r R 5F FFER .: i I,.i QL �y i. }'•1'fY 1J, BIC) 1 cnNT`R A (.T This Contract, made and entered into this -�_ -tk day of 19"72 , by and between the City of Chula Vista, a charter of California, hereinafter called the "Owner" and hereinafter called the "Contractor "; WITNESSETH: 3'w1 > city, Srate That the Owner and the Contractor for the construction, 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; the Faithful Performance Bond; the Labor and P•laterial 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 of: "THE CONSTRUCTION OF A PARKING LOT, GAZEBO FOUNDATION AND SIDE- WALK AT PALOMAR PARK IN THE CITY OF CHULA VISTA, CALIFORNIA" 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. CONTRACT - Continued IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. FOR THE CITY: FOR THE CONTRAC'0V,2 B Y J ATTEST• BY f' CITY CLERK I hereby certify that I have examined this Contract and find it to be in accordance with the provisions of the State of California 7 ' BY CITY ATTORNEY �j r TABLE OF CONTENTS Section Title Page 1 Proposal Requirements and Conditions 1 2 Legal Relations 4 3 Prosecution and Progress 6 4 Quantities, Measurement and Payment 10 5 Special Provisions 13 4 SECTION 1 PROPOSAL REQUIREMENTS AND CONDITIONS 1 -01. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK: The bidder is required to examine carefully the site of and the proposal, plans, specifications, and contract forms for the work contemplated, and it will be assumed that the bidder has investi- gated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 1 -02. PROPOSAL FORM: All proposals must be made upon forms furnished by the Department of Public Works. 1 -03. REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, in- complete bids, erasures, or irregularities.of any kind. The right is reserved to reject any and all proposals. 1 -04. BIDDER'S GUARANTY: All bids shall be presented under sealed cover and shall be accompa- nied by cash, cashier's check, or bidder's bond, made payable to the City of Chula Vista, for an amount equal to at least ten percent (10 %) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 1 -05. PUBLIC OPENING OF PROPOSALS: Proposals will be opened and read publicly at the time and place in- dicated in the Notice to Contractors. Bidders or their authorized representatives are invited to be present. -1- _ ( j �l . m7 7. nt The aarard of t :e contract, if it be awarded, will be to the to °v;est responsible bidrier ,.hose proposal cc:-lpiies %,,ith all the req ui - I;;ents described. Vnc En,.ard, if made, Will be made within thirty (30) days a ftew" the op°1?4_nc7 of tt"e bids. All bids will be compared on file basis of the Engineer's estimate of quantities of vlork to be done.. 1 -07. EXEC=01`7 Or C0,17TR7.CT: O The contract s.,,al l be 4. ,ned by ti-Ic saccEssiul bidder, and returned, togetYlcr with tine contract bonds, within ten (10) drays after_ the bidder has received notice that the contract has been a,�•arded. i7o proposal shall be considered binding upon: the City until the c ,>;e- cution of the contract. ` It shall be the responsibility of the Successful Bidder to mallze an appointment within the above tiler : = limit to sign the cont.r_act iTl the City Lngineer's office and to discuss the construction operations with the Engineer, or his represe-ntative. Failure to e- > :ecute a contract and '_ile acceptable bonds as provided herein within ten (10) days after the bidder has received no :i_ce 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. rETUIZN Or BIDDER' S GUAW.I,?TTES : Within ten (10) days after the award of the contract, the City of Chula Vista will return the cash or checks accompany.i.ncr the p op -osals which are not to be co n y i died in making the award. All otht= z pro- posal qu.aranties, Will be held until the contract has been f_incally e <;ecuted, after which the cash or checks will be returned. Did bonds will be returned upon request. 1 -09. CONT ?'_C T 30_;TDS: The Con Lr actor shall iurnlsh two (2) good and sum ici_ent z»,Ic's . One. of the said bona::: shall ,Tuarante e the faithful per-, oral :i ancc of the said COTlt?" :Ct in tl':E al-Of 1005" Of the t0t,11 bic�, prico, and Ule cii_hc:r of .s .ice bonds 4 -Ia?_'. be ['urnished i:rl the r,.ntount cf .:0;' of tl. tott�l_ bid price. "An z:Ct to sC ,,-Ai e p �.y :li nt Of the c13.1Tiis of persons c- :ioployed b,,' Col-1- we r-J" s, an(] tl :e:: claims of perE01-11S V11ho furnish ma C 'r 1; c'. t lei , u `!_1. , raIn , 1 ?iCJi- cJllt�nt°, Or Ill aC1111)0 r-' 11 CCU 07" con• sumc-''C by such Conti'acto'_ s in _iiE pC'r r0r1 :,c.i1t of- .:fell ;Tor C ;, c..Ind pry.. �,-ibi.rcr t dut4.e_ ,ra l„ c cc jai. :l pt1lJ�ic th' retC, " appro led l-lay i_o, 1919, 2,s :ai- ,iendod. -2- 1 -09. CONTINUED: The form of the bond required is attached with the proposal. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and materialmen, become insufficient, or the City Engineer has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, not considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor, or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 1 -10. NON - COLLUSION PROVISION: The Contractor to whom this contract is to be awarded shall file a sworn Non - Collusion affidavit executed by, or on behalf of, the person, firm, association or corporation to whom the contract is awarded. This affidavit shall be executed and sworn to by the successful bidder before such persons as are authorized by the laws of the State of California to administer oaths, on the form included in these contract documents. The original of such sworn statement shall be filed with the City Clerk prior to the award of the contract. -3- (Is'�!% SECTION 2 LEGAL RELATIONS 2 -01. HOURS OF LABOR: The Contractor shall forfeit as penalty to the City of Chula Vista, ten dollars ($10.00) for each laborer, workman, or mechanic, employed in the execution of the contract by him or by any sub - contractor under him, upon any of the work here - mentioned for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the Provisions of the Labor Code and in particular, Sections 1810 to 1816 thereof inclusive. 2 -02. LABOR DISCRIMINATION: No discrimination shall be made in the employemnt of persons upon public works because of the race, color or religion of such persons and every Contractor for public works violating this Section is subject to all penalties imposed for a violation of Chapter I, of Part VII, in accordance with the Provisions of Sections 1735 of the Labor Code. 2 -03. PREVAILING WAGE: The Contractor shall forfeit as penalty to the City of Chula Vista, ten dollars ($10.00) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, that 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 by any sub - contractor under him, in violation of the Provisions of the Labor Code and in particular Section 1770 to 1781 thereof inclusive. The City Council of the City of Chula Vista has ascertained the general prevailing rate of wages applicable to the work to be done. 2 -04. DOMESTIC MATERIALS: Only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials and supplies as have -4- 2 -04. DOMESTIC MATERIALS (CONT.): been manufactured in the United States, substantially all from articles, materials and supplies mined, produced or so manu- factured, as the case may be, in the United States, shall be used in the performance of the contract in accordance with the Provisions of Sections 4300 to 4305 of the Government Code. The City of Chula Vista does prefer supplies grown, manufactured or produced in the State of California and shall next prefer supplies partially manufactured, grown or produced in the State of California. Any person, firm or corporation who fails to comply with the Provisions of the Act shall not be awarded any contract to which the Act applies for a period of three years from date of violation. 2 -05. INSURANCE REQUIREMENTS: Contractor shall, at his own expense, carry and maintain during the course of the work of construction, Workmen's Compensation Insurance and Comprehensive Liability Insurance, naming the City of Chula Vista as an additional insured, in the amount of at least one hundred thousand dollars ($100,000.00) for any occurrence resulting*in the bodily injury or death of any one person; three hundred thousand dollars ($300,000.00) for any occurrence resulting in bodily injury to, or death of, more than one person; Automobile Property Damage Liability in the amount of at least ten -thousand dollars ($10,$00.00); and Property Damage Liability, other than Automobile, in the amount of fifty thousand dollars ($50,000.00). The Contractor shall, within five (5) days after the awarding of the contract, and before commencing the work of construction, deposit with the Finance Officer of the City, a certificate certifying that such insurance is, and will be, in full force and effect from the time the work is commenced until completed. 2 -06. TAXES: All applicable State or Federal taxes shall be considered as included in the amount paid for the various items of work. The Contractor shall be responsible for payment of such taxes to the proper governmental authority. -5- r 2 -08. EMPLOYMENT OF APPRENTICES: Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the contractor or any sub - contractor under him. Section 1777.5, as amended, requires the contractor or sub- contractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the per- formance of the contract. The ratio of apprentices to journeymen in such cases shall 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 in the 90 days prior to the request for certificate, or B. When the number 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 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the contractor provides evidence that he employs re- gistered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The contractor is required to make contributions to funds established for the 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 contributions. The contractor and any sub - contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship other requirements may be obtained from Relations, ex officio the Administrator Cisco, California, or from the Division and its branch offices. -SA- standards, wage schedules, and the Director of Industrial of Apprenticeship, San Fran - of Apprenticeship Standards v1 3 -01. SUBLETTING AND ASSIGNMEN`I': The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. Sub - contractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of t:e Contractor and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the sub- contractor shall be removed immediately on the order of the City Engineer and shall not again be employed on the work. The contract may be assigned only upon written consent of the City Engineer. . 3 -02. PROGRESS OF THE WORK AND TIME FOR COMPLETION: The Contractor shall begin work on or before the date specified in the "Notice of Execution of Contract ", which date shall be not less than ten (10) days following execution of the contract by the City. The Contractor shall provide to the City Engineer, written notice of the specific date upon which he plans to commence work. Notice shall be given at least twenty -four (24) hours in advance. The Contractor shall prosecute the work to completion before the expiration of SIXTY (60) consecutive calendar days from the date specified in the "Notice of Execution of Contract" by the City. 3 -03. CHARACTER OF WORKMEN: If any sub - contractor or person employed by the Contractor fails or refuses to carry out the directions of the Engineer, or shall appear to the Engineer to be incompetent or to act in a disorderly or im- proper manner, he shall be discharged immediately on the order of the Engineer, and such person shall not again be employed on the work. IM 3--04. TEMPORARY SUSPENSI• OF WORK: The Engineer shall have the authority to suspend the work wholly, or in part, for such period as he may deem necessary, due to un- suitable weather, or to such other conditions as are considered un- favorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such orders of the Engineer and shall not resume the work until ordered in writing by the Engineer. 3 -05. TIME OF COMPLETION AND LIQUIDATED DAMAGES: 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 will sustain in the event of and by reason of such delays; and it is therefore agreed that the Contractor will pay to the City of Chula Vista the sum of fifty dollars ($50.00) per day for each 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 under.the contract is not finished and comoleted in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have 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, and 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 engin^er..ing and inspection during any delay in the co;�pletion of the work cased by Acts of God or of the Public Enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of sub- contractors due to such causes; provided that the Contractor shall, -7- � ,J - C()'TINUED: Within ten ( 10) days from the beginning of any such delay, notify the Engineer, in writing, of the causes of delay, who shall ascertain t'-,o facts and the extent of tl.e delay, and his findings of the facts thereon shall be final and conclusive. 3- SUS:= E'TSION OF CO:': .r'=: 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 the 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 MOM tys, G., I � --- J.>. C0 3rI'INUDD: annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 3 -07. RIGHT OF WAY: Tl(-, right of way for the work to be done will be provided by the City. The Contractor shall mace his o;,�n arrangements, and pay all expenses for additional area required by him outside the limits of right of way. !M 7 1 . , ?J 4 QU -.2` TITIES, AND P °.Y:'... '.T 4 -01. QUANTITIES: es -imate of th quantities of wore, to be done and materials to be furnished are approximate only, wing given as a basis for the comparison of bids, and the City of Chula Vista does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 4 -02. MEASUREMENT OF QUANTITIES: Measurement of quantities shall conform to the provisions in Section 9 -1.01 of the State Standard Specifications 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 Weigh - master's certificates or certified daily summary weigh sheets, and a duplicate weigh slip or a load slip shall be furnished to each vehicle weighed and the slip shall be delivered to the Engineer at the point of delivery of the material. 4 -03. PAYMENT: Payment shall be made at the lump sum or unit prices bid, said pay- ment being full compensation for furnishing all labor, materials, tools, and equipment and doing all work shown on the plans or stipu- lated in the specifications and special provisions for that particular item of work. Quantities of materials wasted or disposed of in a manner not called for under the contract or placed outside the pay lines indicated on the plans or approved by the Engineer, or remaining on hand after completion of the work, will not be paid for. 4 -04. EXTRA AND FORCE ACCOUNT WORK: Extra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. 'Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer; -or by force account. If the work is done on force account, the Contractor shall receive the actual cost of all materials furnished by him as shown by his I Y paid vouchers, plus 15 percent. For all labor, equipment and teams that are necessary, he shall receive the current prices in the lo- calit,,, which shall have been previously determined and agreed to in w_- i'tinq by the Enuineor and by the Contractor, plus 15 percent; LJiov.i_od, ho: ,,'ever, to furnish such rat_rials required as it aee3_s n�ce��ar�: , a '] ti.e Contractor shall havo 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. CHANGE IN WORK: 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 PAYMENTS: 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 to 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 of the contract, or when in his judgment the total value of the work done since the last estimate amounts to less than $300.00. 4 -07. FINAL PAYMENT: The Engineer shall, after the completion of the contract make a final estimate of the amount of work done thereunder, and the value -11- f 4 -07. CONTINUED: of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of 35 days from date of acceptance of the work by the City Council. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the City, and no payment shall 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 work done in accordance with any a release the City, the City Council and claims or liability on account of work or any alteration thereof. -12- the payment of the final adjustment and payment for lterations of the same, shall the Engineer from any and all performed.under the contract SECTION 5 SPECIAL PROVISIONS 5-01. WORK TO BE DONE: The work to be done includes the installation of a parking lot with full street improvements, a gazebo foundation which includes rein- forced concrete footings, slab and columns and sidewalk at Palomar Park, 1344 Park Drive, Chula Vista, as shown on Chula Vista Drawing No. 72 -67D and the attached specifications. 5-02. STANDARD SPECIFICATIONS AND STANDARD DRAWINGS: The Standard Specifications and Standard Drawings of the City of Chula Vista, adopted by Resolution No. 4712 on March 5, 1969, with 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 -03. GRADING AND EARTHWORK: All grading and earthwork shall be done in accordance with Section 6 of the Standard Specifications. Existing subgrade within the area of the parking lot is +0.1' of the subgrade elevations as shown on the plans. Grading within the parking lot should only amount to fine grading. Excess excavation shall be disposed of within the park site as directed-by the Engineer. Existing.subgrade within the remaining area of the park site is +0.5' of the grading contours as shown on the plans. Grading for the gazebo foundation and park sidewalk should only amount to fine grading. In the event that additional material is needed to make subgrade, suitable material may be imported from areas within the park site as designated by the Engineer. The work of providing compaction test results and preparation of subgrade, and all other work governed by Section 6 of the Standard Specifications shall be considered as included in the contract price paid for "Grading and Earthwork ". No less than l nor more than 3 in -place density tests (compaction tests) will be taken in the native subgrade material. No more than 2 in -place density tests (compaction tests) will be taken in the aggregate base. Soil tests shall be performed by a soils engineer or certified testing laboratory approved by the engineer. .♦ I y t • y 1 , 5 -04. ASPHALT CONCRETE SURFACING: Asphalt concrete surfacing shall be in accordance with the provisions of Section 8 of the Standard Specifications.. Type "A" seal coat shall be applied to all newly paved A.C. surfaces and shall conform to Subsection 8 -08(1) of the Standard Specifications. The cost of this seal coat will be considered as included in the contract unit price paid for "Asphaltic Concrete Surfacing ". 5-05. AGGREGATE BASE: Aggregate base shall be in accordance with the provisions of Section 7 of the Standard Specifications and laid in the thickness as shown on the plans. 5 -06. PORTLAND CEMENT CONCRETE: All concrete work shall be accomplished in accordance with Sections 9, 10 and 11 of the Standard Specifications. 5-07. GAZEBO FOUNDATION: The work of constructing the gazebo foundation shall include the construction of all footings, slab and columns and the installation of all reinforcing steel, anchor bolts and cut and spring lock washers as shown on the plans and shall be considered as included in the contract price paid for "Reinf rced Cast In Place P.C.C. Concrete - Gazebo Foundation ". Any incidental parts not shown on the plans or.specified herein, which are necessary to complete the gazebo foundation shall be furnished and installed as though such parts were shown and specified herein. 5 -08. 4" P.C.C. SIDEWALK (PARK SITE): The 4" P.C.C. sidewalk to be constructed within the park site as shown on the plans shall have an average width of 4 feet. Its width may vary from 3 to 5 feet. The 4" P.C.C. sidewalk shall have a level section with a wood float finish resulting in a non -skid surface. 5 -09. 4" A.B.S. DRAIN: The 4" drain shall be 4" A.B.S. pipe, Schedule 40. The 4" A.B.S. drain shall be constructed in accordance with Section 13 of the Standard Specifications. 5 -10. CODES AND PERMITS: The gazebo foundation shall be constructed in accordance with the Uniform Building Code, 1970 edition. The contractor shall obtain a Building permit from the City of Chula Vista Building Department. The permit shall be a NO FEE permit.