AGENDA
ITEM
11 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND
CITY COUNCIL
AGENDA STAFF REPORT
DATE: November 5, 2025
TO: Mayor and City Council
Bu
APPROVED BY: Benjamin A. Martinez, City Manager
REVIEWED BY: Karla Chaparro, Finance Director Le
PREPARED BY: Jesus Villegas, Public Works Director/City Manager Norma Gerardo, Recreation Manager
SUBJECT: Approval of Bid Documents for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600 and Authorize the Public Works Department to Send the Project Out to Bid.
Recommendation:
Approval of Bid Documents for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600 and Authorize the Public Works Department to Send the Project Out to Bid.
Background:
The Calexico Community Center and Senior Hall are heavily utilized public facilities that serve as key gathering spaces for recreation, community engagement, and senior programming. The proposed upgrades will ensure that both kitchens can continue to support these activities aligning with current public health requirements.
Discussion and Analysis:
Public Works staff is recommending that the City Council of the City of Calexico approve the attached bid documentation to begin advertising for the construction phase of the Community Center and Senior Hall Kitchen Upgrade Project. If this item is approved by the City Council on November 5, 2025, the tentative schedule will be as follows:
Description -Date
Advertisement November 11, 2025
Mandatory Pre-Bid Meeting December 2, 2025
Bid Opening Date December 11, 2025
City Council Contract Approval January 7, 2026
Fiscal Impact:
Budget Item FY 2025-2026
Estimated Cost for Advertisement
Fund No.411-91-922-56000-030 $1,500.00
Total $1,500.00
Coordinated With:
City Manager's Office.
Finance Department.
Public Works Department.
Recreation Department.
Attachments):
Specifications and Plans for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600.
2 ATTACHMENT NO. 1
CITY OF CALEXICO
CALE
ED
Community Center and Senior
Hall Kitchen Upgrade
Project No. 2025-600
BID OPENING: December 11, 2025 at 2:00p.m.
RECREATION DEPARTMENT - 707 DOOL AVENUE CALEXICO, CA 92231 (760)768-2176 www.calexico.ca.gov
TABLE OF CONTENTS
TITLE SECTION PAGE
INVITATION FOR BIDS 3
BID REQUIREMENTS 5
GENERAL CONDITIONS 8
SUPPLEMENTARY GENERAL CONDITIONS/CALIFORNIA STATE REQUIREMENTS 32 SPECIFICATIONS 39
SPECIAL PROVISIONS 40
TECHNICAL CONDITIONS 42
BID SCHEDULE 46
BID BOND 48
PROPOSAL AGREEMENT 49
CONSTRUCTION AGREEMENT 50
FAITHFUL PERFORMANCE BOND 57
LABOR AND MATERIAL BOND 58
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE 59
SUBCONTRACTORS LISTING 60
NONCOLLUSION AFFIDAVIT 62
DRUG/ALCOHOL TESTING REQUIREMENTS 63
CORPORATE/PARTNERSHIP CERTIFICATION INFORMATION 64
CONTRACTOR'S CERTIFICATION OF QUALIFICATION 65
FOR LICENSE CLASSIFICATION
APPENDIX A - LEAD AND ASBESTOS REPORT
APPENDIX B - PLANS
APPENDIX C - STATE PREVAILING WAGE RATES
2 CITY OF CALEXICO
INVITATION FOR BIDS
Community Center and Senior Hall Kitchen Upgrade
Project No. 2025-600
1. GENERAL INFORMATION
The City of Calexico is inviting bids for Community Center and Senior Hall Kitchen Upgrade Project No. 2025-600.
SCOPE OF WORK
The work shall include but not limited to, the following:
• Asbestos abatement at Community Center
• Installation of new plumbing lines, electrical conduits, and drywall • Removal and replacement of flooring
• Installation of new water heater
• Installation of new prep and mop sinks
• Installation of new door
• Interior paint
• All improvements must comply with American Disability Act (ADA) requirements.
3. PROJECT SCHEDULE
To be completed within sixty (60) calendar days from date of contract award.
4. MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting will be held on December 2, 2025 at 9:00 am. The meeting shall be held at Community Center, 707 Dool Avenue, Calexico, CA 92231.
PROPOSAL REQUIREMENTS
SEALED PROPOSAL will be accepted at the Office of the City Clerk, City Hall, 608 Heber Avenue, Calexico, California until 2:00 pm on December 11, 2025, at which time all proposals will be publicly opened and read aloud. Late, fax or emailed BIDS will be considered unresponsive.
A summary of the bids will be presented to the City Council at their meeting of January 7, 2026, at 6:30 p.m. in the City Council Chambers, 608 Heber Avenue, Calexico, California.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.
Electronic version on the approved specifications may be obtained by visiting the City's website at https://www.calexico.ca.gov/bidsandrfps or contact the Public Works Department at (760) 768- 2160.
3 No bid will be received unless it is made on the prescribed bid form furnished by the Public Works Department. Each bid must be accompanied by a guarantee of cash, certified check, and cashier check or bidders' bond made payable to the City of Calexico for an amount equal to at least ten percent of the bid. Such guarantee to be forfeited should the bidder to whom the contract is awarded fails to enter into the contract. All guarantees are to be returned after the contract is awarded.
The bid may be considered incomplete and be disqualified if any of the following information is not provided.
Proposal/Bid Form Workmen's Compensation Certificate
Bid Bond Drug/Alcohol Testing Requirements
Proposal Agreement Noncollusion Affidavit
Subcontractor's Listing Corporate Certification Partnership Information
1. On the bid forms), the unit price items and total contract price must be written in words and figures. The words and figures shall appear on the blank spaces provided.
2. On page 60, Subcontractor's Listing shall be completed. If no subcontractor will be used, indicate an "X" mark on the space provided for "No" subcontractor.
Prevailing Wage Rates: In accordance with the provision of Section 1770 to 1781 of the Labor Code as duly enacted by the State of California, the City Council of the City of Calexico has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, P.O. Box 603, San Francisco, California 94101 (415) 737-2794 or http://www.dir.ca.gov/dlsr/PWD/index.htm.
All bids are to be compared on the basis of the Public Works Department estimate of the quantities of work to be done. A bid will only be accepted from a Contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended. In addition, the Contractor, sub-contractors, and suppliers shall also have a business license issued by the City prior to commencing work.
Special attention of all prospective bidders is called to "Proposal Requirements and General Conditions" annexed to the blank form of the Proposal for full directions as to bidding, etc.
If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, Contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.
CITY'S RIGHT RESERVED: The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City.
CITY OF CALEXICO, CALIFORNIA
DATE:
Benjamin A. Martinez, City Manager
4 BID REQUIREMENTS
1. Examination of Plans, Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated 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, 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.
2. Proposal Form: All proposals must be made on the bid forms to be obtained from the Office of the Public Works Department at 549 Pierce Avenue, Calexico, California. All proposals must give the prices proposed both in writing and figures and must be signed by the bidder with bidders' business address.
If the proposal is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid.
3. Rejection of Proposal Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. The Proposal may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
4.l Omissions and Discrepancies: Should the bidder find discrepancies in or omissions on the drawings, or other contract documents or should he or she be in doubt as to their meaning, he or she should at once notify the Public Works Director/City Engineer who may send a written instruction to all bidders.
4.2 Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Public Works Director/City Engineer.
4.3 The City of Calexico reserves the right to reject any or all proposals.
Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City of Calexico 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.
5 5.1 Return of Proposal Guaranty: Within ten (10) days after the award of the contract, the City Council will return the proposal guaranties accompanying the proposals, which are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
5.2 Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded.
No proposal shall be considered binding upon the City until the execution of the contract.
Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder 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.
5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers there-under.
6. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. All bids will be compared on the basis of the Public Works Director/City Engineer's estimate of quantities of work to be done.
7. Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the Public Works Director/City Engineer or his agents.
Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Public Works Director/City Engineer, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the Engineer made under these provisions, the Public Works Director/City Engineer shall be the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.
10. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Public Works Director/City Engineer will make the final inspection at the site. 6 11. Amount of Bonds: The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. Form of bond required may be examined at the office of the Public Works Director/City Engineer; copies will be furnished, if desired, to prospective bidders.
Payment and performance Bonds shall be executed by a California Admitted Surety insurer with a minimum Best's Insurance Guide rating of At, Class VII.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council 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, 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.
12. Compliance with Laws and Regulations: No proposal for work will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division IlI, of the Business and Professions Code of the State of California, as amended.
The Contractor awarded the contract shall also submit the Contractor's Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties. All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
13. MINIMUM WAGES: Pursuant to Federal Decision AG 3295 and in accordance with the provisions of Section 1770 to 1781 of the Labor Code, the City Council of the City of Calexico has adopted the latest publication of the General Prevailing Wage Rates entitled, "State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates."
14. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
END OF BID REQUIREMENTS
7 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word "City" shall mean the City of Calexico, California. b) The term "City Council" shall mean the City Council of the City of Calexico. c) The word "Contractor" shall mean the party of the second part entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The word "Public Works Director/City Engineer" shall mean the City of Calexico Public Works Director/City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. e) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the 2015 Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement, constitute the Contract. These Contract documents are complimentary, and what is called for in any one shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at his sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely stipulated in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications.
1-03 AUTHORITY OF THE PUBLIC WORKS DIRECTOR/CITY ENGINEER The Public Works Director/City Engineer shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor's methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or 8 drawings, the matter shall be referred to the Public Works Director/City Engineer, who shall decide the same in accordance with the true intent and meaning as construed by him, and his decision shall be binding on the Contractor. Any differences or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Public Works Director/City Engineer.
1-04 ACCESS TO WORK
The Public Works Director/City Engineer, his assistants, inspectors, agents, and other employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. Grades are given from the top stakes, or nails, unless otherwise noted on the plans.
Three consecutive points shown in the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Public Works Director/City Engineer. If such a discrepancy is not reported to the Public Works Director/City Engineer, the Contractor shall be responsible for any error in the finished work.
Services Assistance Notice: The Contractor shall give at least 24 hours notice in writing when he will require the services of the Public Works Director/City Engineer for laying out any portion of the work. The Contractor shall furnish the Public Works Director/City Engineer such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.
The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Public Works Director/City Engineer.
All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Public Works Director/City Engineer.
1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workmen, the quality of work required and the stipulated rate of progress. (b) The Contractor shall bear all losses resulting to him on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes. (c) The Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract.
(d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at his expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition, and free from any unsightly accumulation of rubbish; unused material, concrete forms, and other equipment and materials belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the State of California Manual and the Uniform Traffic Control. Contractor shall submit two (2) traffic control plans in a minimum of 48 hours for pre-approval by the Public Works Director/City Engineer before starting construction work. (g) Contractor shall maintain good housekeeping practices and observe Best Management Practices throughout the execution of the project.
(h) The contractor shall make a special effort to control dust during the execution of work.
Dust shall be maintained to a minimum by regular applications of water as necessary. It is the responsibility of the contractor to obtain all necessary permits and meet all requirements of the county of Imperial Air Pollution Control District. A copy of said permit shall be submitted to the City of Calexico Engineering Division. 1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Public Works Director/City Engineer with information and drawings of all such structures as may be required. (b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
10 Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.
The Contract documents for the work show conditions as they are supposed or believed by the Public Works Director/City Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of its officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Public Works Director/City Engineer, except by direction of the Public Works Director/City Engineer.
Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Public Works Director/City Engineer and authorized in writing.
Working drawings or plans for any structure not included in the plans furnished by the Public Works Director/City Engineer shall be approved by the Public Works Director/City Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Public Works Director/City Engineer.
It is mutually agreed, however, that approval by the Public Works Director/City Engineer of the Contractor's working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform with the approved plans and specifications.
1-11 PERSONAL ATTENTION
The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Public Works Director/City Engineer. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Public Works Director/City Engineer, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 PROTESTS
If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or if he considers any order or ruling of the Public Works Director/City Engineer or of any inspector to be unfair, he shall immediately upon such work being demanded or such order or 11 ruling being made, ask for written instructions or decision, whereupon he shall proceed without delay to perform the work or conform to the order or ruling; but unless the Contractor finds such instructions or decision satisfactory, he shall, within ten (10) days after receipt of same, file a written protest with the Public Works Director/City Engineer, stating clearly and in detail his objections and the reason therefore. Except for such grounds of protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protests or objections to the orders, ruling, instructions or decisions of Public Works Director/City Engineer, and hereby agrees that as to all matters not included in such protests the orders, instructions and decisions of the Public Works Director/City Engineer shall be final and conclusive.
1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Public Works Director/City Engineer, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Public Works Director/City Engineer may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Public Works Director/City Engineer of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time.
(b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract. 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Public Works Director/City Engineer and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee. 12 No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Public Works Director/City Engineer. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the 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 Public Works Director/City Engineer, the subcontractor shall be removed immediately on the recommendation of the Public Works Director/City Engineer and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Public Works Director/City Engineer shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Public Works Director/City Engineer, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract. (b) When such written notice is served upon the Contractor as provided in Section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Public Works Director/City Engineer. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Public Works Director/City Engineer, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, 13 supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense.
Evidence of such expense satisfactory to the Public Works Director/City Engineer, shall be required, and all necessary estimates and appraisements shall be made by him.
When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workmen employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK - EXTENSION OF TIME - NO EXTRA COMPENSATION (a) The Public Works Director/City Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable 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 order of the Public Works Director/City Engineer. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Public Works Director/City Engineer in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Public Works Director/City Engineer. (c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications.
1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall 14 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 preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the 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 subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Public Works Director/City Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Public Works Director/City Engineer or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Public Works Director/City Engineer may prescribe a modification of requirements of methods of work. For such purposes, the Public Works Director/City Engineer may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work, the Public Works Director/City Engineer shall make reasonable allowance therefore, which action shall be binding upon both parties.
(b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work. (c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Public Works Director/City Engineer.
1-21 EXTRA WORK
15 (a) If during the performance of the contract, it shall, in the opinion of the Public Works Director/City Engineer, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Public Works Director/City Engineer are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. (b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Public Works Director/City Engineer and the Contractor before the extra work shall be ordered.
(c) Whenever in the judgment of the Public Works Director/City Engineer extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen's wages), workmen's compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal Government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Public Works Director/City Engineer, plus fifteen percent (15%) to cover the following:
Profit
General Expenses
All insurance except workmen's compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under Subsection (c) herein
The Public Works Director/City Engineer determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Public Works Director/City Engineer shall be deemed the arbiter to determine the cost of such work. (d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Public Works Director/City Engineer, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Public Works Director/City Engineer in determining the true, necessary cost of the work and materials to be paid for.
16 (e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN
Within ten (10) days after commencing work, the Contractor shall submit, to the Public Works Director/City Engineer, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Public Works Director/City Engineer to verify the fair value of the work for progress payments. 1-23 PROGRESS ESTIMATES
The Public Works Director/City Engineer, shall on or about the fifth day of each calendar month, except as provided in Section 1-23, make in writing and certify to the City Clerk an estimate such as in his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.
A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.
Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.
Pursuant to California Public Contract Code Section 22300, the Contractor has the option of substituting securities for any money that is withheld under this section. 1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in Section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Public Works Director/City Engineer, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due.
1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as stipulated in Subsection (b) 17 hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided.
(b) In the event the contract or any part thereof shall be suspended as provided in Section 1- 17, the retained percentage as provided in Section 1-23, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Public Works Director/City Engineer the Contractor shall have completely performed the contract on his part, the Public Works Director/City Engineer will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Public Works Director/City Engineer's statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present.
(b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Public Works Director/City Engineer shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Public Works Director/City Engineer shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made there under shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
18 The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in Section 1-31.
1-29 NO PERSONAL LIABILITY
No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract. 1-30 MONIES MAY BE RETAINED
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Public Works Director/City Engineer incurred by the City for which the Contractor is liable under the contract.
1-31 UNPAID CLAIMS
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Section 3179 of the Civil Code of the State of California, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Section 3196 of the Civil Code, in a penal sum equal to one and one-fourth (1-1/4) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim. 1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Public Works Director/City Engineer are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Public 19 Works Director/City Engineer, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in Section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, workman, or mechanics employed for each calendar day or portion thereof, such laborers, workman or mechanic is paid less than the said stipulated rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance, and shall include all amounts for labor or services performed by employees of every description as required under the provisions of the California Labor Code.
1-35 EIGHT HOUR LAW
The Contractor shall comply with all applicable provisions of Section 1810 to 1816, inclusive, of the California Labor Code relating to working hours. The time of service of any laborer, workman or mechanic employed on the work shall be limited and restricted to eight hours during any one calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25.00) for each such laborer, workman or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight hours in any one calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that stipulated in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Public Works Director/City Engineer in writing. In case of extra work ordered by the Public Works Director/City Engineer under the provisions of Section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Public Works Director/City Engineer and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality.
20 1-37 CHARACTER OF WORKMEN
None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Public Works Director/City Engineer, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Public Works Director/City Engineer, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Public Works Director/City Engineer.
Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers.
1-38 SAMPLES AND TESTS
At the option of the Public Works Director/City Engineer, the source of supply of each of the materials shall be approved by the Public Works Director/City Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Public Works Director/City Engineer.
All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.
The Contractor shall furnish such samples of materials as are requested by the Public Works Director/City Engineer, without charge. No material shall be used until it has been approved by the Public Works Director/City Engineer. Samples will be secured and tested whenever necessary to determine the quality of material.
1-39 INSPECTION
The Public Works Director/City Engineer shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Public Works Director/City Engineer, so that proper inspection may be provided. Any work done in the absence of the Public Works Director/City Engineer will be subject to rejection.
The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Public Works Director/City Engineer and accepted or estimated for payment.
1-40 DEFECTIVE WORK OR MATERIALS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Public Works Director/City Engineer, and the cost of any excess material furnished by the City shall be borne by the Contractor. 21 (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Public Works Director/City Engineer. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Public Works Director/City Engineer.
(c) Upon failure on the part of the Contractor to comply with any order of the Public Works Director/City Engineer made under the provisions of this article, the Public Works Director/City Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in Section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics 22 upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or uncopyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically stipulated in the contract. 1-46 LAWS AND REGULATIONS
(a) The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in any way affecting the conduct of the work.
If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Public Works Director/City Engineer. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 RESPONSIBILITY FOR DAMAGE
(a)
Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees Option), indemnify, protect and hold harmless City and its Project Consultants, anc 23 Engineers, officers, agents, and employees ("Indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors.
4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damage or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved 24 by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section.
This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances or reasonable. (b) Insurance Requirements
Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
• Contractual liability
Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.
25 2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence and aggregate.
5. Course of Construction insurance shall provide "all risk" coverage for the completed value of the project. Policies shall contain the following provisions:
(1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A- or better and minimum financial size VIl.
(c) Additional Requirements
Contractor and City further agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, 26 and to require all contractors, subcontractors or others involved in any way with the project contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to provide coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any agreement involving City in relation to the projects) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way.
5. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of the agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to City.
27 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverage required herein will likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement.
This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers' compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise.
28 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all inclusive.
19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
1-49 TRESPASS
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded. In case such regulations and orders are not observed by the Contractor they may be enforced by the General Services Director at the Contractor's expense.
1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition. 1-52 LABOR DISCRIMINATION
29 No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation of such persons except as provided in Section 12940 of the California Government Code, and every contractor for Public Works violating Section 1735 of the California Labor Code is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.
Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship- San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Public Works Director/City Engineer will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.
1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:
The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half (½) of one percent of the Contractors total bid.
The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.
(b) No Contractor whose bid is accepted shall, without the consent of the City either:
1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.
30 Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.
Sublet or subcontract any portion of the work in excess or one-half (½) of one percent of the Contractor's bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. 1-56 LABOR COMPLIANCE
After the City has awarded said project at pre-construction meeting, the City of Calexico Labor Compliance Officer shall present information at this conference regarding State labor law requirements applicable to contract, including prevailing wage requirements, respective record- keeping responsibilities, the requirements for submittal of certified payroll records to the City and the prohibition against discrimination in employment.
END OF GENERAL CONDITIONS
31 SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS
1. State Wage Determinations:
a) As required by Sections 1770 and following, of California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site.
b) In accordance with Section 1775 of the California Labor Code, the CONTRACTOR shall, as a penalty to the CITY, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to his employees. b) Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract."
c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers' compensation.
3. Apprentices on Public Works:
The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 of the California Labor Code relating to employment of apprentices on public works.
4. Working Hours:
The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required 32 or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay.
5. CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God:
As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an at of God, in excess of 5 percent of the contacted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and specification of the CITY. The CONTRACTOR shall obtain insurance to indemnify the CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this Section, the term "acts of God" shall include only the following occurrences or condition and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves.
6. Notice of Completion:
In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the WORK by the CITY'S governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK.
7. Unpaid Claims:
If, at any time prior to the expiration of the period for service of a stop notice, there is served upon the CITY a stop notice as provided in Sections 3179 and 3210 of the California Civil Code, the CITY shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or become due to the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the CONSTRUCTION MANAGER shall, in its discretion, permit CONTRACTOR to file with the CITY the bond referred to in Section 3196 of the Civil Code of the State of California, said monies shall not thereafter be withheld on account of such stop notice.
8. Concrete Forms, Falsework, and Shoring:
The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete.
Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price name in the Contract for completion of the WORK as set forth in the Contract Documents.
9. Retainage From Monthly Payments:
Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the CITY to insure performance under the Contract. At the 33 request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The CITY will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the CITY of a Notice of Completion. Securities eligible for investment under Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the CITY.
10. Public Works Contracts; Assignment to Awarding Body:
In accordance with Section 7103 of the California Public Contract Code (A.B. 3416), the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering a public works contract or a subcontract to supply goods, services, or materials pursuant to public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.
11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations:
a) In accordance with Section 1776 of the California Labor Code each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. CONTRACTOR on the following basis:
1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in Paragraph K.1 shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3) A certified copy of all payroll records enumerated in Paragraph K.1 shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the 34 Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Paragraph K.1(b) the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made.
The public shall not be given access to the records at the principal office of the CONTRACTOR.
b) Each contractor shall file a certified copy of the records, enumerated in Paragraph K.1 with the entity that requested the records within 10 days after receipt of a written request. c) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated.
d) The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under Paragraph K.1 including the street address, city and county, and shall, within 5 working days, provide a notice of change of location and address. e) In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
12. Cultural Resources:
The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under Section 01560, "Temporary Environmental Controls" of the General Requirements.
13. Protection of Workers In Trench Excavations:
As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of the Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefore shall be included in 35 the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the CITY, the CONSTRUCTION MANAGER, the DESIGN CONSULTANT or any of their officers, agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by Section 1773.1 of the California Labor Code, the CONTRACTOR shall pay travel and subsistence payments to each workman needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
b) To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids.
15. Removal, Relocation, or Protection to Existing Utilities:
a) In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids.
The agency will compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. b) The CONTRACTOR shall be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
d) If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
36 e) The public utility, where they are the city, shall have the sole discretion to perform such repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation work at a reasonable price.
16. Contractor License Requirements:
In accordance with Section 7028.15 of the California Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.
17. Certain Claims:
a) Notwithstanding the foregoing, any demand of $375,000 or less, by the CONTRACTOR for a time extension; payment of money or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this contract; or payment of an amount which is disputed by the CITY shall be processed in accordance with the provisions of Public Contracts Code Section 20104 et seq.
b) A single written claim shall be filed under this section prior to this date of final payment for all demands arising out of the contract.
c) Within thirty (30) days of the receipt of the claim, the CITY may request additional documentation supporting the claim or relating to defenses or claim the CITY may have against the CONTRACTOR. If the amount of the claim is less than $50,000, the CONTRACTOR shall respond to the request for additional information within fifteen (15) days after the receipt of the request. The CONTRACTOR shall respond to the request within thirty (30) days of receipt if the amount of the claim exceeds $50,000 but is less than $375,000.
d) Unless further documentation is requested, the CITY shall respond to the claim within forty- five (45) days if the amount of the claim is less than $50,000 or sixty (60) days if the amount of the claim is more than $50,000 but less than $375,000. If further documentation is requested, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or fifteen (15) days, whichever is greater, after receipt of further information if the claim is less than $50,000. If the claim is more than $50,000 but less than $375,000 and further documentation is requested by the CITY, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or thirty (3) days, whichever is greater.
e) If the CONTRACTOR disputes the CITY's response, or the CITY fails to respond, the CONTRACTOR may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the CITY within fifteen (15) days after the deadline of the CITY to respond or within fifteen (15) days of the CITY's response, whichever occurs first. The CITY shall schedule the meet and confer conference within thirty (30) days of the request.
37 f) If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue remedies authorized by law.
18. Prohibiting Work by Certain Contactors:
Pursuant to the provisions in Section 1777.1 and 1777.7 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html
- END OF CALIFORNIA STATE REQUIREMENTS -
- END OF SUPPLEMENTARY GENERAL CONDITIONS -
38 SPECIFICATIONS
1.01 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled "State of California, Department of Transportation, Standard Specifications 2010" insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:
Portions of the work shall be done in accordance with the "GREENBOOK" Standard Specifications for Public Works Construction 2015 Edition.
Whenever in the Standard Specifications the following terms are used, they shall be understood to mean to refer the following:
Department - City of Calexico, California
Director of Public Works - The Public Works Director/City Engineer of the City of Calexico, California.
Engineer - The Public Works Director/City Engineer, acting directly or through properly authorized agents, such agents acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Calexico to test materials and work involved in the contract.
State - The City of Calexico, California.
Other terms appearing in the Standard Specifications, the General Conditions and these Special Provisions, shall have the intent and meaning specified in the Sections 1, "Definitions of Terms".
Standard Specifications. In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.
1.02 SCOPE OF WORK
The work shall include but not limited to, the following:
• Asbestos abatement at Community Center
• Installation of new plumbing lines, electrical conduits, and drywall • Removal and replacement of flooring
• Installation of new water heater
• Installation of new prep and mop sinks :
• Installation of new door
• Interior paint
• All improvements must comply with American Disability Act (ADA) requirements. 39 SPECIAL PROVISIONS
1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Public Works Director/City Engineer, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice-to-Proceed issued by the City, and shall be diligently pursued to completion within sixty (60) calendar days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties of the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City of Calexico and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the contractor will pay to the City of Calexico the sum of five hundred dollars ($500.00) per day for each and everyday's delay beyond the time prescribed to complete the work.
4. MAINTAINING TRAFFIC
The Contractor shall maintain two way traffic in the work area in accordance with the "Manual of Traffic Controls for Construction and Maintenance Work Zones", 1990 Edition or as modified, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
The contractor shall make every effort to keep driveways open during working hours. After work hours, all driveways shall be accessible and safe. The payment for item shall be included in the bid price for the applicable item of work for which traffic control is performed.
5. NOTICE AND POSTING REQUIREMENTS
The Contractor shall post and remove temporary "No Parking" signs as needed. Signs shall be in place for at least 48 hours in advance of commencing of work. Signs may be attached to existing poles, parkway trees, or any available support that may exist in the public right-of-way or the contractor may furnish sign supports as may be necessary. 40 Multiple notices shall be delivered and hung on door handles of each residence and to each business affected by the construction. The format and content of the notices shall be submitted to the Engineer for approval at least 2 weeks prior to use.
6. CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain, and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the Standard Specifications.
7. INSURANCE
The Contractor's attention is directed to the amount of insurance as shown in the General Conditions 1-48.
8. CONSTRUCTION CONFERENCE
The Contractor's attention is directed to the preconstruction conference as stated in General Conditions 1-54.
9. CONTRACT DOCUMENTS
The contract documents as referred to herein shall mean and include all of the following documents:
a. Notice Inviting Bids/Advertisement
b. Instructions to bidders
C. Proposal/Bid Form, Proposal Agreement and Bid Bond
d. General Conditions
e. Special Provisions and Scope of Work
f. Agreement, Faithful Performance and Labor and Material Bonds g. Worker's Compensation Certificate, Drug/Alcohol Testing Requirements h. Subcontractor's Listing, Products Listing
i. Non-collusion Affidavit
j. Corporation Certificate/Partnership Information
k. Approved Bid Addendum, Change Orders and Submittals
1. Certification of Qualifications for License Classification
END OF SPECIAL PROVISIONS
41 TECHNICAL CONDITIONS
1. PROTECTION OF EXISTING UTILITIES
Unless otherwise illustrated on the specifications, all utilities, both underground and overhead, shall be maintained in continuous service throughout the entire contract period. The Contractor shall be responsible and liable for any damages to or interruption of service caused by the construction.
If the Contractor desires to simplify his operation by temporarily or permanently relocating or shutting down any utility or appurtenance, the Contractor shall make the necessary arrangements and agreements with the Utility Purveyor and shall be completely responsible for all costs concerned with the relocation or shutdown and reconstruction. All property shall be reconstructed in its original or new location as soon as possible and to a condition at least as good as its previous condition. This period of relocation or shutdown and reconstruction shall be subject to inspection and approval by both the Engineer and the Utility Purveyor.
The Contractor shall be entirely responsible for safeguarding and maintaining all conflicting utilities. This includes overhead wires and cables and their supporting poles whether they are inside or outside of the open trench. If, in the course of work, a conflicting utility line that was not illustrated on the plans is discovered, the developer shall either negotiate with the Utility Purveyor for relocation, relocate the utility or change the alignment and grade of the trench.
2. ASBESTOS ABATEMENT AT COMMUNITY CENTER
Asbestos Abatement
• The contractor will be responsible for removal of all asbestos-containing material according to the asbestos survey report prepared for this project and in compliance with all EPA, OSHA, and Imperial County Air Pollution Control District (ICAPCD) regulations, and any other applicable law, using best practices.
• The contractor shall submit the required notifications to ICAPCD and any other agency required to be notified.
• The contractor shall furnish all labor, equipment, supervision, and incidentals necessary to provide complete asbestos abatement for the structure.
• The contractor is responsible for all permits related to the project. • Should it be required the use of a project monitor be used, the contractor shall provide the project monitor and all costs associated with the use of a project monitor. • Any additional cleaning required after the final cleaning will be performed at the expense of the contractor.
• Any additional sampling costs shall be incurred by the contractor. • The contractor shall provide the final asbestos clearance inspection prior to conducting any demolition work.
42 Demolition
• The contractor will be responsible for demolition, removal, and proper disposal of the structure and all the contents.
• The contractor will be responsible for all costs of transport and proper disposal of all demolition debris.
Certifications and Permits
• The contractor will be responsible for obtaining all certifications and permits necessary for completion of the project from the appropriate regulatory agencies.
Surveys and Testing
• The following surveys of the building and property have been completed and is attached to the Request for Proposals as Appendix A.
Utility Disconnects
• The demolition contractor will be responsible for coordinating and cost of all utility disconnects to include, but not limited to power, water, sewer, gas, and cable.
Reuse of Materials
• No materials from the project are proposed for reuse by the City.
Salvage of Materials
• Unless referenced otherwise in an bid and/or addendum the contractor shall take ownership of all scrap/salvage materials.
Responsibility for Temporary Facilities
• The contractor will be responsible for all temporary facilities necessary to successfully complete the project - to include, but not limited to, portable restrooms, site fencing, site security, water, etc.
Special Requirements
• Caution and care must be exercised to prevent damage to adjacent structures, sidewalks and streetscape and to ensure that existing businesses in the area can operate normally without significant disruption during demolition activities. All, required street closures shall be approved at least 48 hours through the City of Calexico Engineering Division.
Hazardous Materials
• Preliminary inspections of the sites have been performed to identify and assess suspect asbestos containing materials (See Appendix A). The contractor will be responsible for all aspects regarding the removal and disposal of any/all hazardous materials, including, but not limited to, identification, testing, permitting, certification, notifications, best management practices, hauling, disposal fees, etc.
• Excavation, transport, and disposal of contaminated material and hazardous material shall be in accordance with the rules and regulations of the following agencies (the specifications of these agencies supersede the procedures outlined in this document):
United States Department of Transportation (USDOT).
43 United States Environmental Protection Agency (USEPA).
California Environmental Protection Agency (CAL-EPA).
California Division of Occupation Safety and Health Administration (CAL-OSHA).
3. DEMOLITION OF VINYL FLOOR, CONCRETE SLAB, WALLS, ETC.
The Contractor shall demolition vinyl floor, concrete slab and walls if necessary.
Contractor shall obtain the necessary permits at the City of Calexico Planning and Building Department.
4. REPLACEMENT OF FLOORING
All vinyl flooring must be commercial grade and need and need to stand up to years of high use, with durability, quality, and dependability. The Contractor will be required to submit flooring specifications to the City for review and approval prior to purchasing the item.
5. REMOVE AND REPLACE PLUMBING
The Contractor shall bring the plumbing to current California Building Code and obtain the necessary permits at the City of Calexico Planning and Building Department.
6. REMOVE AND REPLACE ELECTRICAL CONDUITS
The Contractor shall bring electrical conduits to current California Building Code and obtain the necessary permits at the City of Calexico Planning and Building Department.
7. INSTALLATION OF NEW WATER HEATER
The City of Calexico has already purchased the water heater. The Contractor shall install the new water heater and obtain the necessary permits at the City of Calexico Planning and Building Department.
INSTALLATION OF NEW PREP AND MOP SINKS
All furnishings must be commercial grade and need to stand up to years of high use, with durability, quality, and dependability. The Contractor will be required to submit furnishing specifications to the City for review and approval prior to purchasing the item.
INSTALLATION OF NEW DOOR
The Contractor shall Install new hollow metal door with frame and louvre at room to water heater closet in east kitchen.
10. PAINT KITCHENS
The Contractor shall paint the walls and doors with semi-gloss paint and provide the City with two (2) color choices for review and approval.
44 •
All improvements must comply with American Disability Act (ADA) requirements.
END OF SECTION
45 BID SCHEDULE
ITEM A: Cost for mobilization, demolition and hauling of construction and material waste excluding Items B, C, D and E the lump sum of
_Dollars $.
ITEM B: Cost of obtaining all the necessary permits and fees required by the City of Calexico Building/Planning Department and/or County agencies but excluding Items A, C, D and E the lump sum of
_Dollars $.
ITEM C: For all labor, materials, and equipment for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown , and specified but excluding Items A, B, D and E the lump sum of Dollars S
ITEM D: Forall labor, materials, and equipment for Senior Hall Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, C and E the lump sum of _Dollars $_
ITEM E: Forall labor, material and equipment for asbestos abatement for Community Center Kitchen Upgrade including all demolition, civil, structural, mechanical, electrical, instrumentation, base bid items and appurtenances as shown and specified but excluding Items A, B, C and D the lump sum of
Dollars $.
TOTAL AMOUNT OF BID
Sums of Items A, B, C, D and E for the amount of
Dollars $_
1.00 - The undersigned hereby acknowledges the receipt of the following addendum:
None ; No. 1 ; No. 2_ ; No. 3. _; No. 4 ; No. 5_
2.00 - The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation. 46 3.00 - The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:_
Address of firm: _
Telephone number: __) Fax number: ( )
Contractor's license number: _Type:
Signed: Date:_
END OF PROPOSAL/BID FORM
47 BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT , hereinafter called Principal, and
Hereinafter called the Surety, are jointly and severely held
and firmly bound unto the CITY OF CALEXICO hereinafter called Owner, in the penal sum of ten percent (10%) of the Bid of Principal for the Works of • This sum not to
exceed
Dollars $ lawful money of the United States
of America, for the payment whereof unto Owner, Principal and Surety jointly and severely bind themselves forever firmly by these presents, except said penal sum shall not exceed ten percent (10%) of the amount Bid by Principal for Work which is awarded to Principal by the Owner WHEREAS, Principal is herewith submitting a bid for the work entitled "Community Center and Senior Hall Kitchen Upgrade".
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the Bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish Performance Bond and Payment Bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.
rincipal, and that nothing of any kind of nature whatsoever that will not discharge, Principal shal operate as a release of liability of Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and sealed this day of 2025
BY:
BY:
Insurance companies A.M. Best Company identifying number:
END OF BID BOND
48 PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Calexico, California.
The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The undersigned is licensed in accordance with the Laws of the State of California.
License Number: Class:
Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date
END OF PROPOSAL AGREEMENT
49 CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this _ 2025, by and between the City of Calexico, a Municipal Corporation the State of California ("City") and ("Contractor"). The City and the CONTRACTOR for
consideration stated herein agree as follows:
Description of Project
CONTRACTOR shall provide for the Community Center and Senior Hall Kitchen Upgrade in accordance with the Invitation for Bids.
Description of Work
2.1 CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of Street Improvement Project in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with the 2010 California Department of Transportation Standard Plans, Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage rates dated 2025. Said invitation for bids, Standard Plans, Standard Specifications, Labor Surcharge and Equipment Rental Rates, and General Prevailing Wage Rates are as fully a part of the Agreement as if hereto attached or herein repeated.
2.2 The work to be performed under this Agreement shall conform to the plans entitled "Community Center and Senior Hall Kitchen Upgrade", incorporated herein as fully a part of this Agreement as if hereto attached or herein repeated.
3. Time for Completion
The work shall be commenced on the date stated in Notice to Proceed, and shall be completed within the allotted working days after the date stated in such Notice.
4. Compensation
4.1 City will pay the CONTRACTOR for the performance of this Agreement according to the terms and conditions contained in the Project's Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR will take full payment in accordance with the following iter prices incorporated as part of the proposal or bid submitted by CONTRACTOR.
4.2 CONTRACTOR agrees to receive and accept said compensation as full payment for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. This provision in no way limits the CONTRACTOR's duties under other provisions herein.
50 5. Industry Standards
The CONTRACTOR agrees that is performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices.
Insurance
The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein.
Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY'S exposure to loss for the duration of this Agreement.
6.1 Types of Insurance.
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability
For all of the CONTRACTOR's operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR's liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.
6.1.2 Commercial Automobile Liability
For all the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence.
Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR's automobiles and only arising out of the performance of this Agreement. 51 6.1.3 Worker's Compensation
For all of the CONTRACTOR's employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
6.2 Rating Requirements
All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been at least and "A" or "A-" and "V" rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.
6.3 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.4 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
6.4.1 Except as to Workers Compensation, the City of Calexico and is respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. The CITY's Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.
6.4.2 The policies are primary and any insurance that may be carried by the CITY is non- contributing, as reflected in an endorsement which shall be submitted to the CITY.
6.4.3 The policies cannot be canceled, non renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten (10) days notice will be provided.
6.4.4 Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
6.4.5 The CONTRACTOR may obtain additional insurance not required by this Agreement.
7. Agreementor Compliance with Labor Code
CONTRACTOR certifies that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake 52 self insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Agreement.
Control of Agreement
The improvement contemplated in the performance of this contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the State of California so requires.
9. Conflicting Terms
If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10. Indemnification and Hold Harmless Agreement
10.1 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees (for attorney of CITY's choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTORS's employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnity, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRCTOR, its employees, agents or officers, or any third party. The CONTRACTOR's duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of CONTRACTOR's other obligations and duties herein.
10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and defense provisions herein.
11. Notices
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows:
53 CITY CONTRACTOR:
City of Calexico
Public Works Department
608 Heber Avenue
Calexico, CA 92231
12. Non-Assignment
The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY. In no event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.
13. Independent Agreementors
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.
14. Compliance with Controlling Law
The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work.
In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority of any laws, statures, ordinances, rules or regulations.
The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 of the State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records. This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.
Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations ("DIR") or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR's duty to indemnify the CITY pursuant to this section shall include any and all costs and expenses incurred by the CITY therefrom, including but not limited to any penalties imposed on the CITY by DIR or any other state agency and reasonable attorney's fees.
54 Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR's duty to indemnify under any other provisions of this Agreement.
15. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.
16. Integration
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.
17. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.
18. No Waiver
No failure of either the CITY or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
19. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. 55 IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.
ATTEST:
VERONICA L. ALVARADO BENJAMIN A. MARTINEZ
City Clerk of the City of Calexico City Manager of the City of Calexico
CONTRACTOR
By:
Signature Date
Printed Name and Title
Licensed in accordance with an act
Providing for the registration of contractors,
License No._
APPROVED AS TO FORM AND EXECUTION
CARLOS CAMPOS Date
City Attorney
END OF CONSTRUCTION AGREEMENT
56 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, State of California has awarded a contract to herein after designated as the Principal, for the
acquisition, construction and completion of a public improvement more particularly described in said contract; and
WHEREAS, said Principal is required under the terms of the contract to furnish a bond for the faithful performance of said contract;
NOW, THEREFORE, we the Principal and _ the surety
company authorized to do a surety business in the State of California as surety, are held and firmly bound unto the City of Calexico hereinafter called the City in the penal sum of lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators and successors, jointly and severely, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, said City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the said Principal has caused this bond to be executed by his signature attached hereto, and the surety has caused this contract to be executed on this behalf by its duly authorized Attorney in Fact on this _ day of 2025.
PRINCIPAL
SURETY
BY
ATTORNEY IN FACT
END OF FAITHFUL PERFORMANCE BOND
57 LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, California has awarded to hereinafter designated as the Principal, the
contract for the acquisition, construction and completion of a public improvement more particularly described in said contract, and;
WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal, or any of his or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety of this bond will pay the same to the extent hereinafter set forth;
NOW, THEREFORE, we the Principal and _
_ Surety Company authorized to do business
in the State of California, as surety, are held and firmly bound unto the City of Calexico, hereinafter called the City in apenal sum of
Dollars (S . ) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors and assigns shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, on, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of the laws of the State of California, to secure the payment of claims of persons employed by Contractors upon public works, and the claim of persons who furnish material and supplies therefore, then such surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in case suit is brought upon this bond, a reasonable attorney fee as fixed by court.
IN WITNESS WHEREOF, the Principal has caused this bond to be executed by his signature affixed thereto and the Surety has caused this contract to be executed by its duly authorized Attorney in Fact, on this day of _ 2025.
PRINCIPAL
SURETY
BY
ATTORNEY IN FACT
END OF LABOR AND MATERIAL BOND
58 WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
Date Contractor's Name
Contractor's Signature
Title
ATTEST:
By
Signature
Title
END OF WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
59 SUBCONTRACTORS LISTING
As required by Section 4100 of the Public Contract Code of the State of California, Contracior shall comply with the "Subletting and Subcontracting Fair Practices Act" of the State of California, and shall list all subcontractors required to be listed thereby.
PORTION OF WORK NAME DIR NUMBER PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
* _ No subcontractor will be used for this project.
Date Contractor's Name
Contractor's Signature
Title
* Indicate X if no subcontractor will be used.
END OF SUBCONTRACTORS LISTING
60 MAJOR MATERIAL SUPPLIERS INFORMATION
The bidder shall indicate each item of equipment or material listed below the name of the manufacturer and supplier of the equipment or material proposed to be furnished under the bid.
ITEM MANUFACTURE SUPPLIER
Awarding of a contract under this bid will not imply approval by the owner of the manufacturers or suppliers listed by the bidder. No substitution will be permitted after the bid opening unless equipment or material of the listed manufacturer or suppliers cannot meet the specifications.
END OF MAJOR MATERIAL SUPPLIERS INFORMATION
61 NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
County of Imperial ) ss
_, being first duly sworn, deposes and says that he or she is of _the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and that all statements contained in the bid are true; and further, that the bidder has not directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Date:
Contractor's Name
Contractor's Signature
Title
END OF NONCOLLUSION AFFIDAVIT
62 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of Calexico's Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Dated
Contractor's Name
Contractor's Signature
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
63 CORPORATE CERTIFICATION
OR
PARTNERSHIP INFORMATION
Name of Corporation or Partnership
State of Incorporation
List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
Date Contractor l
Signature Title
ATTEST:
Signature by
Title
END OF CORPORATE CERTIFICATION
64 CONTRACTOR'S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, 1 hereby certify that I am, or my responsible managing employee _ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _ (insert name), or responsible
managing employee (insert name), is
qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer (insert name), or a responsible managing
employee (insert name), is qualified for the
license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Public Works Director/City Engineer in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED: CONTRACTOR:_
SIGNATURE: TITLE:_
ATTEST:
SIGNATURE BY:_
TITLE:
END OF CONTRACTOR'S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
65 APPENDIX A
LEAD AND ASBESTOS REPORT
66 Chula Vista, CA
WAVE [email protected]
(619) 309-8585
ENVIRONMENTAL Christian Cardenas
TESTING
Limited Asbestos & Lead Survey Report
Site Address: 707 Dool Avenue, Calexico, CA 92231
Client: Andrade Construction
Date of Survey: June 21, 2025
CSST: Christian Cardenas (CSST #22-6793) (LRC-00002256) Company: Wave Environmental Testing | (619) 309-8585
Project Number: 2025001-AS,PB
Executive Summary and Sampling Method
On July 21st, 2025, Christian Cardenas, CSST #22-6793 & CDPH Lead Sampling Technician with Wave Environmental Testing under the direction of Steve Pettit, Certified Asbestos Consultant, CA #24-7759 performed a limited asbestos and lead bulk sampling at the above-referenced property for the purpose of a plumbing re-route and removal of the floor tile. The survey was performed by a California Certified Site Surveillance Technician (CSST) in accordance with Cal/OSHA Title 8 CCR 1529, EPA NESHAP, and AHERA guidelines.
Property Description
Type: Commercial single-story Community Center
Year Built: 1955
Affected Square Ft: 711 sf
Construction: Concrete slab, drywall and plaster
Area Surveyed: Area 1: Kitchen, Storage and Service room.
Asbestos Containing Materials Sampled
Bulk samples were collected from suspect materials and submitted under chain of custody to EMSL, NVLAP #20055-0 accredited laboratory located at 7725 Convoy Ct, San Diego, CA 92111 for PLM analysis.
Building materials are identified by the EPA's NESHAP as asbestos containing materials (ACM) when the fiber concentration of the material is identified as containing Asbestos fibers greater than or equal to one percent (>1%). Source: 40 CFR Part 61, Subpart M Building materials are identified by Cal/OSHA as asbestos containing construction materials (ACCM) as having greater than .1% by weight. Building materials found to contain asbestos, which will be disturbed, must be abated prior to demolition by a DOSH licensed Asbestos abatement contractor.
Any building materials homogeneous to identified asbestos containing materials must be considered asbestos containing. Source: Title 8, California Code of Regulations (CCR), Section 1529 Chula Vista, CA
WAVE [email protected]
(619) 309-8585
ENVIRONMENTAL Christian Cardenas
TESTING
Table 1
Sample ID Location Material Description Condition Friable Area 072101-01 Kitchen - South Side- Drywall / Joint Good Yes ~750f12 West Wall Compound
072101-02 Service Room - South Drywall / Joint Good Yes ~750ft2 Side- East Wall Compound
072101-03 Storage - Center - Drywall / Joint Good Yes ~750f12 West Wall Compound
072102-04 Service Room - South Grey Vinyl Tile / Fair No ~700ft2 East Side - Floor Yellow Glue
072102-05 Storage - West Side - Grey Vinyl Tile / Fair No ~700ft2 Floor Yellow Glue
072102-06 Kitchen - Center - Grey Vinyl Tile / Fair No ~700ft2 Floor Yellow Glue
072103-07 Service Room - East Grey Cove Base / Poor No ~60 Side - North Wall Yellow Glue linear ft
072103-08 Storage - West Side - Grey Cove Base / Good No ~60 South Wall Yellow Glue linear ft
072103-09 Storage - Center - Grey Cove Base / Good No ~60 South Wall Yellow Glue linear ft
072104-10 Service Room - South Black Mastic Good No ~120f72 East Side - Floor
072104-11 Kitchen - East Side - Black Mastic Good No ~120ft2 Floor
072104-12 Kitchen - South East Black Mastic Good No ~120ft2 Side - Floor
072104-13 Kitchen - North Side - Beige Cove Base / Good No ~60 East Wall Yellow Glue linear ft
072104-14 Kitchen - South Side - Beige Cove Base / Good No ~60 East Wall Yellow Glue linear ft
072104-15 Kitchen - Center - Beige Cove Base / Good No ~60 East Wall Yellow Glue linear ft
Chula Vista, CA
WAVE
[email protected]
ENVIRONMENTAL (619) 309-8585
TESTING Christian Cardenas
Laboratory Results
Lab: EMSL, NVLAP #20055-0
Method: PLM (Polarized Light Microscopy)
Table 2
Sample ID Material Asbestos Type of
Content Asbestos
072101-01 Drywall None N/A
Detected
072101-01 Joint Compound 2% Chrysotile
072101-01 Texture 2% Chrysotile
072101-02 Drywall None N/A
Detected
072101-02 Joint Compound 2% Chrysotile
072101-03 Drywall None N/A
Detected
072101-03 Joint Compound 2% Chrysotile
072102-04 Gray Vinyl Tile None N/A
Detected
072102-04 Black/Yellow Glue 3% Chrysotile
072102-05 Gray Vinyl Tile None N/A
Detected
072102-05 Black/Yellow Glue 2% Chrysotile
072102-06 Gray Vinyl Tile None N/A
Detected
hula Vista, C
WAVE
ENVIRONMENTAL
TESTING
072102-06 Glue 1 (Yellow) None N/A
Detected
072102-06 Glue 2 (Black) 4% Chrysotile
072103-07 Gray Cove Base / Yellow Glue None N/A
Detected
072103-08 Gray Cove Base / Yellow Glue None N/A
Detected
072103-09 Gray Cove Base / Yellow Glue None N/A
Detected
072104-10 Black Mastic 4% Chrysotile
072104-11 Black Mastic 3% Chrysotile
072104-12 Black Mastic 3% Chrysotile
072104-13 Beige Cove Base / Yellow Glue None N/A
Detected
072104-14 Beige Cove Base / Yellow Glue None N/A
Detected
072104-15 Beige Cove Base / Yellow Glue None N/A
Detected
Lead Based Paint
Results should be shared with any contractor, worker, or individual who may disturb painted surfaces, regardless of whether lead is detected. This ensures proper safety measures are taken and regulatory requirements are met.
This inspection was conducted in accordance with current industry standards, including Title 17 of the California Code of Regulations, Division 1, Chapter 8, which governs accreditation, certification, and lead-safe work practices. The inspection also adhered to protocols set forth by the U.S. Department of Housing and Urban Development (HUD) in Chapter 7 of the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1997 revision), as well as regulations established by the Environmental Protection Agency (EPA).
The assessment was performed with paint-chip sampling method using a scraper by Christian Cardenas, a California Department of Public Health (CDPH) Certified Lead Sampling Technician (Certification No. LRC-0002256, exp. 08/12/2025). Paint-chip samples contained all layers of Chula Vista, CA
WAVE
[email protected]
(619) 309-8585
ENVIRONMENTAL
Christian Cardenas
TESTING
paint including the bottom layer and sampled an area of 4 square inches (25 square centimeters) to provide adequate quantity for laboratory analysis.
Under the EPA's Renovation, Repair, and Painting (RRP) Rule, lead-based paint is defined as any paint, varnish, lacquer, putty, plaster, or similar surface coating that contains lead in concentrations equal to or exceeding 1.0 mg/cm2, 5,000 parts per million (ppm), or 0.5% by dry weight. Paint at or above these levels is considered positive for lead-based paint and requires abatement if deteriorated or disturbed. However, even surfaces testing below this threshold can still pose a lead dust hazard and must be handled with caution. All lead-related health enforcement in Calexico falls under the Imperial County Public Health Department, which implements California Health & Safety Code Sections 10252-105310 for lead poisoning prevention. ICPHD enforces state requirements for lead-safe work practices, lead hazard notifications, and safe debris disposal.
State regulations administered by the California Department of Public Health, as outlined in Title 17, Division 1, Chapter 8. requires the use of lead-safe work practices when disturbing 707 Dool Ave, Calexico, CA 92231 painted surfaces in any building or structure constructed prior to 1979 where lead concentrations equal or exceed 0.5 mg/cm2 or 1,000 ppm. Additionally, Cal/OSHA regulations apply to any surface containing lead at levels above 600 pm, regardless of federal definitions.
Key thresholds and requirements:
Lead-Based Paint (LBP) is defined by the U.S. Environmental Protection Agency (EPA), the U.S. Department of Housing and Urban Development (HUD), and the California Department of Public Health (CDPH) as paint or surface coatings that contain lead at concentrations equal to or exceeding 1.0 mg/cm? or 5,000 parts per million (ppm) by weight.
Laboratory results in this report are presented in ppm (parts per million). For reference, 5,000 ppm is approximately equivalent to 1.0 mg/cm?.
Paint with lead concentrations below 5,000 ppm is not defined as lead-based paint, but disturbing such surfaces may still require lead-safe work practices per Title 17 CCR.
Clearance testing: Required following disturbance of any lead-based paint at or above 1.0 mg/cm2.
Wave Environmental Testing also recommends that if a building component is confirmed to contain lead-based paint, similar untested components should be assumed to contain lead as well, unless proven otherwise.
The attached paint-chip results should be provided to any contractor, worker, or individual who may disturb painted surfaces, regardless of the lead content identified. This ensures appropriate safety precautions and regulatory compliance.
Chula Vista, CA
WAVE
[email protected]
(619) 309-8585
ENVIRONMENTAL
Christian Cardenas
TESTING
Lead-Based Paints (LBP) are identified by State and Federal Standards as paint or other surface coatings that contain an amount of lead equal to or in excess of one milligram per square centimeter (1mg/cm2) or one half of one percent (0.5%) by weight or 5000 mg/kg.
Lead-Containing Paints (LCP) are identified by the Cal OSHA Lead in Construction Standard as lead greater than or equal to 600 ppm or 600 mg/kg.
Paint-Chip Sampled
Table 3
Sample ID Location Material Description Area
0721Pb-01 Kitchen - West Wall - White Paint 2"× 2"
South End
0721Pb-02 Service Room - South Off-White Paint 2"× 2"
Side- East Wall
Laboratory Results
Lab: EMSL, AIHA ELLAP, #LAP-102344
Method: SW846-7000B (Flame Atomic Absorption)
Table 4
Sample ID Weight (g) Reporting Concentration (ppm)
Limit
0721Pb-01 0.2567 64 ppm 2200 ppm
0721Pb-01 0.2848 64 ppm 170 ppm
WAVE Chula Vista, CA
[email protected]
ENVIRONMENTAL (619) 309-8585
Christian Cardenas
TESTING
Conclusions & Recommendations
ACM identified in the joint compound, wall texture, black/yellow vinyl glue, and black mastic.
Samples taken did not test positive for lead based paint as defined above.
However, results should be shared with any contractor, worker, or individual who may disturb painted surfaces, regardless of the amount of lead detected. This ensures proper safety measures are taken and regulatory requirements are met.
Wave Environmental Testing recommends the client engage a licensed asbestos abatement contractor for abatement before disturbance or demolition.
All work must comply with Cal/OSHA, EPA NESHAP, and ICAPD (non-delegated District) Notify the EPA Region 9 at least 10 working days before demolition/renovation involving ACM.
*Attached are the bulk asbestos analysis, bulk paint chip analysis, lead and asbestos chains of custodies, a site diagram with sample locations and certifications.
Disclaimer
This survey involved limited destructive testing at the subject property. It is possible that additional suspect materials are present in concealed or inaccessible areas such as wall cavities, voids, or hidden spaces. If any previously unidentified suspect materials are encountered during renovation or demolition activities, all work should be halted immediately. A Certified Asbestos Consultant (CAC) must be brought in to evaluate the material for asbestos content.
The identification of asbestos-containing materials (ACMs) and their condition assessment are based solely on visual observations and sampling performed at the time of inspection. As this was a limited assessment, additional suspect materials may exist in areas that were not included in the survey scope.
Wave Environmental Testing makes no warranties or guarantees regarding the complete identification or location of all ACMs within the structure. Any areas deemed unsafe or inaccessible by our personnel—including confined spaces—were excluded from this assessment.
This report has been prepared solely for the client's use and follows established professional industry standards. It does not claim to identify all potential hazards or environmental concerns at the property. Furthermore, it does not imply that no other risks are present. Wave Environmental Testing does not certify the safety of the site, and this report does not relieve the property owner, tenant, or contractor of their responsibility to ensure a safe working environment.
We appreciate the opportunity to assist with this inspection. Should you have any questions or require additional services, please don't hesitate to contact Wave Environmental Testing.
Chula Vista, CA
WAVE
ENVIRONMENTAL
TESTING
Site Diagram with Sample Locations
AREA 1 AREA 2
13'-5" -10'-8"
STORAGED?
101 sqft.
2 STORAGE
MCG
153 sqft. / SERVO
PROPOSED OUR PLAN
33-4 /KITCHEN
:540 sgft./
#FLOOR TO BE DEMO
FOR DRAIN
TZ/FLOOR TO BE DEMO
WALL PAINT TESTING
-16'-10" COVE BASE TESTING
a Too ring del on a contest ups
rants wa be removed as regured for eidelie
ns pharabico iratstations, follon i
encountured
-22'-6*
PROPOSER PLAN
N
Chula Vista, CA
WAVE
[email protected]
619)309-8585
ENVIRONMENTAL
Christian Cardenas
TESTING
Site Photos
PbI
02 Chula Vista, CA
WAVE
[email protected]
(619) 309-8585
ENVIRONMENTAL Christian Cardenas
TESTING
03 Chula Vista, CA
WAVE •[email protected]
(619) 309-8585
ENVIRONMENTAL Christian Cardenas
TESTING
4,
Chula Vista, CA
WAVE [email protected]
(619) 309-8585
ENVIRONMENTAL
Christian Cardenas
TESTING
6 01
Chula Vista, CA
WAVE [email protected]
(619) 309-8585
ENVIRONMENTAL
Christian Cardenas
TESTING
9 5
Chula Vista CA
WAVE
[email protected]
(619) 309-8585
ENVIRONMENTAL
Christian Cardenas
TESTING
Certification
1, Christian Cardenas, CSST, certify that this report accurately reflects the site conditions observed and sampling performed.
Prepared by: Christian Cardenas. Reviewed by: Steve Pettit Signature: It Colas Signature: -
Date: July 27th, 2025 Date: July 29th, 2025
State of California STATE OF CALIFORNIA
California Departmeur of DEPARTMENT OF PUBLIC HEALTH
Division of Occupational Safety and Health
Certified Site Surveillance Technician PublicHealth
Christian Cardenas
LEAD-RELATED CONSTRUCTION CERTIFICATE
Certification No. 22-6793
INDIVIDUAL: NUMBERS EXPIRATION DATE:
Expires on 02/18/2026
Load Sampling Terhnician LRC-00002259 8/12/2023
richlan cardenas
Disclaimer: This document alone should not be relled upon to confirm certification status. Compare the Individual's photo and name to anotber valld form of govnament Issued photo Identificaion. Verify the individual's centification status by scarching for Lead-Related Construction Professionals at (clash or calling (800) 597-LEAD
State of California
Division of Occupational Safety and Health STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC HEALTH
Certified Asbestos Consultant PublicHealth
Steven -K-Pettit LEAD-RELATED CONSTRUCTION CERTIFICATE
Certification No. 24-7759 CERTFICATE TUNE ESPIRATION DATE:
Expires on09/20/25 L.RC(RX12971 12820%
This carthcation wiis a sued by the Orraion of
Occupational Safety and Hakth an suthoried
Ly Sections 7380 else of the Business and Sierra litti
Professions Code Drelser Teedecras desh emud headole to alumsonfisten states Compare the andesahat's phoonald names to ameras salid fiscale EMSL Analytical, Inc. EMSL Order: 432504506
Customer ID: WVET23
EMSL 7725 Convoy Court San Diego, CA 92111 • Customer PO:
Tel/Fax: (858) 499-1303 / (858) 499-1304
Project ID:
http://www.EMSL.com/[email protected]
Attention: Christian Cardenas Phone: (619) 309-8585
Wave Environmental Testing Fax:
486 Peteo Court Received Date: 07/21/2025 3:27 PM
Chula Vista, CA 91911 Analysis Date: 07/22/2025
Collected Date:
Project: ANA MORAN / #001 - AS, PB
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type 072101-01-Drywall KITCHEN - S. SIDE - White < 1% Cellulose 100% Non-fibrous (Other) None Detected N. WALL/ Non-Fibrous
432504506-0001 DRYWALL + JOINT Homogeneous
COMPUND
072101-01-Joint KITCHEN - S. SIDE - White 98% Non-fibrous (Other) 2% Chrysotile Compound W. WALL / Non-Fibrous
DRYWALL + JOINT Homogeneous
432504506-0001A COMPUND
072101-01-Texture KITCHEN - S. SIDE - White 98% Non-fibrous (Other) 2% Chrysotile W. WALL / Non-Fibrous
432504506-0001B DRYWALL + JOINT Homogeneous
COMPUND
072101-02-Drywall SERVICE ROOM - S. White <1% Cellulose 100% Non-fibrous (Other) None Detected SIDE - E. WALL / Non-Fibrous
432504506-0002 Homogeneous
072101-02-Joint SERVICE ROOM - S. White 98% Non-fibrous (Other) 2% Chrysotile Compound SIDE - E. WALL / Non-Fibrous
RYWALL + JOIN Homogeneous
432504506-0002A COMPUNE
072101-03-Drywall STORER-W. WALL. White/Beige <1% Cellulose 100% Non-fibrous (Other) None Detected Non-Fibrous <1% Glass
432504506-0003 RYWALL + JOIN Homogeneous
COMPUND
072101-03-Joint STORAGE - White 98% Non-fibrous (Other) 2% Chrysotile Compound CENTER - W. WALL / Non-Fibrous
DRYWALL + JOINT Homogeneous
432504506-0003A COMPUND
072102-04-Vinyl Floor SERVICE ROOM - Gray 100% Non-fibrous (Other) None Detected Tile S.E SIDE - FLOOR / Non-Fibrous
GREY VINYL Homogeneous
432504506-0004 TILE/YELLOW GLUE
072102-04-Glue SERVICE ROOM - Black/Yellow 97% Non-fibrous (Other) 3% Chrysotile S.E SIDE - FLOOR / Non-Fibrous
432504506-0004A GREY VINYL Heterogeneous
TILE/YELLOW GLUE
Result includes a small amount of inseparable attached black mastic. 072102-05-Vinyl Floor STORAGE - W. SIDE 100% Non-fibrous (Other) None Detected Tile • FLOOR / GREY Non-Fibrous
/INYL TILE/YELLOW Homogeneous
432504506-0005 GLUE
072102-05-Glue STORAGE - W. SIDE Black/Yellow 98% Non-fibrous (Other) 2% Chrysotile - FLOOR / GREY Non-Fibrous
432504506-0005A VINYL TILE/YELLOW Heterogeneous
GLUE
Result indudes a small amount of inseparable attached malic. 072102-06-Vinyl Floor KITCHEN - CENTER Gray/White 100% Non-fibrous (Other) None Detected Tile - FLOOR / GREY Non-Fibrous
VINYL TILE/YELLOW Homogeneous
432504506-0006 GLUE
Initial report from: 07/24/2025 21:13:58
ASB_PLM_0008_0002-2.31 Printed: 7/24/2025 6:13 PM Page 1 of 3 EMSL Order: 432504506
EMSL Analytical, Inc. Customer ID: W/ET23
EMSL 7725 Convoy Court San Diego, CA 92111 Customer PO:
Tel/Fax: (858) 499-1303 / (858) 499-1304
Project ID:
http://www.EMSL.com/[email protected]
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type 072102-06-Glue 1 KITCHEN - CENTER Yellow 100% Non-fibrous (Other) None Detected - FLOOR / GREY Non-Fibrous
432504506-0006A VINYL TILE/YELLOW Homogeneous
GLUE
072102-06-Glue 2 KITCHEN - CENTER Black 96% Non-fibrous (Other) 4% Chrysotile - FLOOR / GREY Non-Fibrous
432504506-0006B VINYL TILE/YELLOW Homogeneous
GLUE
072103-07-Cove Base SERVICE ROOM - E Gray 100% Non-fibrous (Other) None Detected SIDE - N.WALL / Non-Fibrous
432504506-0007 GREY COVE Homogeneous
BASE/YELLOW
GLUE
072103-07-Glue SERVICE ROOM - E. Yellow 100% Non-fibrous (Other) None Detected SIDE - N. WALL / Non-Fibrous
432504506-0007A GREY COVE Homogeneous
BASEELLOW
GLUE
072103-08-Cove Base STORAGE- W. SIDE Gray 100% Non-fibrous (Other) None Detected - S.WALL / GREY Non-Fibrous
432504506-0008 COVE Homogeneous
BASE/YELLOW
GLUE
072103-08-Glue STORAGE- W. SIDE Yellow 100% Non-fibrous (Other) None Detected - S.WALL / GREY Non-Fibrous
432504506-0008A COVE Homogeneous
BASE/YELLOW
GLUE
072103-09-Cove Base STORAGE- CENTER Gray 100% Non-fibrous (Other) None Detected S.WALL / GREY• Non-Fibrous
432504506-0009 COVE Homogeneous
BASE/YELLOW
GLUE
072103-09-Glue STORAGE- CENTER Yellow 100% Non-fibrous (Other) None Detected - S.WALL / GREY Non-Fibrous
432504506-0009A COVE Homogeneous
BASENELLOW
GLUE
072104-10 SERVICE ROOM- Black 96% Non-fibrous (Other) 4% Chrysotile S.E. SIDE - FLOOR/ Non-Fibrous
432504506-0010 BLACK MASTIC Homogeneous
072104-11 KITCHEN- E. SIDE - Black 97% Non-fibrous (Other) 3% Chrysotile LOOR / BLACK Non-Fibrous
432504506-0011 MASTIC Homogeneous
072104-12 KITCHEN-S.E. SIDE Black/Yellow 97% Non-fibrous (Other) 3% Chrysotile - FLOOR / BLACK Non-Fibrous
432504506-0012 MASTIC Heterogeneous
Result includes a small amount of inseparable attached yellow mastic. 072105-13-Cove Base KITCHEN- N. SIDE - Beige 100% Non-fibrous (Other) None Detected E. WALL /YELLOW Non-Fibrous
432504506-0013 GLUE + BEIGE Homogeneous
COVE BASE
072105-13-Glue KITCHEN- N. SIDE - Brown 100% Non-fibrous (Other) None Detected E. WALL / YELLOW Non-Fibrous
432504506-0013A GLUE + BEIGE Homogeneous
COVE BASE
(Initial report from: 07/24/2025 21:13:58
ASB_PLM_0008_0002 - 2.31 Printed: 7/24/2025 6:13 PM Page 2 of 3 EMSL Analytical, Inc. EMSL Order: 432504506
Customer ID: WVET23
EMSL 7725 Convoy Court San Diego, CA 92111
Customer PO:
Tel/Fax: (858) 499-1303 / (858) 499-1304 Project ID:
http://www.EMSL.com / [email protected]
Test Report: Asbestos Analysis of Bulk Materials via AHERA Method 40CFR 763 Subpart E Appendix E supplemented with EPA 600/R-93/116 using Polarized Light Microscopy Non-Asbestos Asbestos
Sample Description Appearance % Fibrous % Non-Fibrous % Type 072105-14-Cove Base KITCHEN-S. SIDE - Beige 100% Non-fibrous (Other) None Detected E. WALL / YELLOW Non-Fibrous
432504506-0014 GLUE + BEIGE Homogeneous
COVE BASE
072105-14-Glue KITCHEN-S. SIDE - Brown 100% Non-fibrous (Other) None Detected E. WALL / YELLOW Non-Fibrous
432504506-0014A GLUE + BEIGE Homogeneous
COVE BASE
072105-15-Cove Base KITCHEN- CENTER - White 100% Non-fibrous (Other) None Detected : WALL / YELLOV Non-Fibrous
432504506-0015 GLUE + BEIGE Homogeneous
COVE BASE
072105-15-Glue 1 KITCHEN- CENTER - Yellow 100% Non-fibrous (Other) None Detected E. WALL / YELLOW Non-Fibrous
432504506-0015A GLUE + BEIGE Homogeneous
COVE BASE
072105-15-Glue 2 KITCHEN- CENTER - Brown 100% Non-fibrous (Other) None Detected E. WALL / YELLOW Non-Fibrous
432504506-00158 GLUE + BEIGE Homogeneous
COVE BASE
Analysts)
Eric Sun (19) Riva Alger, Laboratory Manager
Lisa Roberts (11) or Other Approved Signatory
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 "Interim Method") but augmented with procedures outlined in the 1993 (final") version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Unless requested by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSL Analytical, Inc. San Diego, CA NVLAP Lab Code 200855-0, CA ELAP 2713, HI L-09-03 Initial report from: 07/24/2025 21:13:58
ASB_PLM_0008_0002 - 2.31 Printed: 7/24/2025 6:13 PM Page 3 of 3 EMSL Analytical, Inc. EMSL Order ID: 062554395
LIMS Reference ID: ED54395
EMSL 528 Mineola Avenue, Carle Place, NY, 11514
Telephone: 516.997.7251 Fax: 856-786-5974 EMSL Customer ID: WVET23 emsl.com
Attention: Christian Cardenas Project Name: Ana Moran / #001- As, Pb Wave Environmental Testing [WVET23]
486 Peteo Court
Chula Vista, CA 91911 Customer PO:
(619) 309-8585 EMSL Sales Rep: Kiana Elley
[email protected]
Received: 07/22/2025 10:02
Reported: 07/25/2025 14:09
Analytical Results
Prep Date Analysis Date Analytical
Analyte Results RL Weight(g) & Tech Prep Method & Analyst Method DF Client Sample ID: 0721 Pb-01/Kitchen - W.Wall - S. End Date Sampled: 07/21/25 Matrix: Chips LIMS Reference ID: ED54395-01
Lead 2200 ppm 64 ppm 0.2567 07122/25 A.L. SW-846 3050B 07/22/25 KT1 SW 846-7000B 1 Sample Comments:
Client Sample ID: 0721 Pb-02/Storage - W.Wall - Center Date Sampled: 07/21/25 Matrix: Chips LIMS Reference ID: ED54395-02
Lead 170 ppm 64 ppm 0.2848 07/22/25 A.L. SW-846 3050B 07/22/25 KT1 SW 846-7000B 1 Sample Comments:
EMS Analytical, Inc. EMSL Order ID: 062554395
• LIMS Reference ID: ED54395
EMSL 528 Mineola Avenue, Carle Place, NY, 11514
Telephone: 516.997.7251 Fax:856-786-5974 EMSL Customer ID: WVET23 emsl.com
Attention: Christian Cardenas Project Name: Ana Moran / #001- AS, Pb Wave Environmental Testing [WVET23]
486 Peteo Court
Chula Vista, CA 91911 Customer PO:
(619) 309-8585 EMSL Sales Rep: Kiana Elley
[email protected]
Received: 07/22/2025 10:02
Reported: 07/25/2025 14:09
Certified Analyses included in this Report
Analyte Certifications
SW 846-7000B in Chips
Lead 06-AIHA LAP, 06-NYSELAP, 06-California ELAP
List of Certifications
Code Description Number Expires
06-AIHA LAP American Industrial Hygiene Association (AIHA LAP, LLC) - ELLAP 102344 08/01/2026 06-NYSDOH New York State Department of Health 11469 04/01/2026 06-NYSELAP NY NYS ELAP 11469 04/01/2026
06-California ELAP California Water Boards 2339 04/01/2026 06-CTDPH Connecticut Department of Public Health PH-0249 03/31/2027 Please see the specific Field of Testing (FOT) on www.emsl.com <http://www.emsl.com>for a complete listing of parameters for which EMSL is certified.
Notes and Definitions
Item Definition
(Dig) For metals analysis, sample was digested.
[2C] Reported from the second channel in dual column analysis.
DA Direct Analysis
DF Dilution Factor
MDL Method Detection Limit.
ND Analyte was NOT DETECTED at or above the detection limit.
NR Spike/Surrogate showed no recovery.
Qualifier
RCS Respirable Crystalline Silica
RL Reporting Limit
Wet Sample is not dry weight corrected.
Measurement of uncertainty and any applicable definitions of method modifications are available upon request. Per EPA NLLAP policy, sample results are not blank corrected.
EMSL Analytical, Inc. EMS Order ID: 062554395
LIMS Reference ID: ED54395
EMSL 528 Mineola Avenue, Carle Place, NY, 11514
Telephone: 516.997.7251 Fax:856-786-5974 EMSL Customer ID: WVET23 emsl.com
Attention: Christian Cardenas Project Name: Ana Moran / #001- As, Pb Wave Environmental Testing [WVET23]
486 Peteo Court
Chula Vista, CA 91911 Customer PO:
(619) 309-8585 EMSL Sales Rep: Kiana Elley
[email protected]
Received: 07/22/2025 10:02
Reported: 07/25/2025 14:09
form
James Han Laboratory Manager or other approved signatory EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above and may not be reproduced, except in full, without written approval by EMSL, EMSL bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received. Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. QC sample results are within quality control criteria and met method specifications unless otherwise noted. All results for soil samples are reported on a dry weight basis, unless otherwise noted.
Analysis following EMS SOP for the Determination of Environmental Lead by FLAA. The laboratory has a reporting limit of 0.0064% by wt., based upon a minimum sample weight of
0.25g submitted to the lab, and is not responsible for any result or reporting limit provided in mg/cm2 since it is dependent upon an area value provided by non-lab personnel. A "<" (less than) result signifies that the analyte was not detected at or above the reporting limit. Measurement of uncertainty and definitions of modifications are available upon request. Results in this report are not blank corrected unless specified.
EMSL Analytical, Ine
200 Route 130 North
EMSL Lead Chain of Custody
Cinnaminson, NJ 0807
_EMSL Ordor Number / Lab Use Only
EMSL ANALYTICAL, INC. PHONE (800) 220-3675
TESTING LADS • PRODUCTS • TRAINING ED54395
EMAIL: [email protected]
* BB-To is the zame co Report-To leare this suction blank. Third-party biffing requires witten authorization.
Customer ID: 122W AVE 12 Bilting iD:
Company Name:
Company Name: Wave Environment) TESK
Contact Name: Christian Curderas Biling Contact:
Steal Adro 48 Pete Ct. Stroot Addreas: NEGCHED
Cily, sian, 4pi Chula Vista, CA 91911 County: U.s. A illing City, Stato, Zlp:
(119) 307-8545 Phone: Carle Place, NY
Emall(e) for Report: 7 Email(e) for Invoice:
Chas towave-envir. Com
Project Information
Projoct (Purchaso
Name/No: Ann Murán # 001 - AS, Ps Order:
EMSL LIMS Project ID: US State whsre Stala of Connecticut (CT) must elect project location:
(if epplicable, EMBL ME samples collectod:
provide) Commercial (Taxable) Residential (Non-Taxable) Sampled By Name: Christian Sempled By Signature: No. of Samples in Cardenas CuSt Shipment
Turn-Araund-Time (TAT)
3 Hour 6 Hour 24 Hour 32 Hour 2 Wooke
Pleasa cull thesd for large projecte andior lumaround times 6 Hours of Less. *32 Hour TAT avatabls for selict teste oniy; eamples muat Do submittad by 11:50am.
MATRIX METHOD SELECTION
- 0.0004%
SW 846-7000B Flame Atomic Absorption • 84 pp
sparkg on
"Samola Arca • mg/an2 - RL 1s Verinblo
*Chipe reporting Linal bosed on a
mintinum 0.25g campto wolht Not Requred baton • 0.0004% approprteta for Ceremto Tila - XRF for mgiant SW 848-6010D CP-OES • mg/an2 - RL. is Verablo
NIOSH 7082 Flame Atomic Abaorption 3.2 ug/filter
AIR NIOSH 7303M ICP-OES 1.0p g/filter
NIOSH 7303M ICP-MS 0.05 ug/filter
WIPE (ASTH NON-ASTI SW 846-7000B* Flame Atomic Absorption 8 ug/wipe *If no box is chocked, non-ASTM Wipe Is ICP-OES 1.0 ug/wipe aesumed
SW 846-1311 / 7000B / SM 31118 Flame Atomic Absorption 0.32 mg/L (ppm) TCLP
SW 846-1311 / SW 846-6010D• ICP-OES 0.1 mg/L (ppm)
SW 848-1312 / 7000B / SM 3111B Flame Atomic Absorption 0.32 mg/L. (ppm) SPLP
SW 846-1312 / SW 846-6010D• ICP-OES 0.1 mg/L (ppm)
22 CCR App. II, 7000B Flame Atomic Absorption 32 mg/kg (ppm) TTLC
22 CCR App. II, SW 848-8010D* ICP-OES 2 mg/kg (ppm)
22 CCR App. II, 7000B Flame Atomic Absorption 0.32 mg/L (ppm) STLC
22 CCR App. II, SW 846-6010D* 0.1 mg/L (ppm)
Boll Flame Atomic Absorption 32 mg/kg (ppm)
ICP-OES 2 mg/kg (ppm)
Wastewater SM 3111B / SW 846-7000B Flame Atomic Absorption 0.32 mg/L (ppm) Unpreserved
ICP-OES 0.020 mg/L. (ppm)
Preserved with HNO3 PH<2
Drinking Water EPA 200.5 ICP-OES 0.003 mg/L (ppm)
Unpreserved
EPA 200.8 ICP-MS 0.001 mg/L. (ppm)
Preserved with HNO3
TSP/SPM Filter ICP-OES 12 pg/fifter
40 CFR Part 50
ICP-MS 0.6 ug/liter
Ottor:
Sample Number 8ample Location Volume / Area Date / Time Samplad 0721 Pb- 01 Kitchen - W Wall-S. End 2"× 2" 4" 7.21-25
0721 Pb 02 Storage- W Wall- Center
Sample Condition Upon Receipt:
Ranquine by Choder Recalved by: Dela/Time
Alson Manda. 3:47Pm
2/2/25 3:50PM Brianna Pang Biles P7/22125 10:02AM
*6010C Available Upon Request
AGREE TO ELECTRONIC SIGNATURE (By checking, I consent to signing this Chain of Custody document by electronic aignature.) EMBL Analytical, Inc.'a Laboratory Terms and Conditions are Incorporated into this Chain of Custody by reference In their entirety. Page 1 of 2 Submission of samplos to EMBL Analytical, inc, constitutes acceptance and acknowledgment of all terms and conditions by Customer.
PLANS
67 A-01
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CASE NAMED STEP CHE PROUDE SE
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THE OR SEER BESTANT V-2 PANT - LATCH EASTING COLORE
NOTE:
-ALL WALL AROUND IN RESTROOM,
w/3/8"
NOTE:
ASBESTOS-CONTAINING MATERIAL PRESENT IN WALL
ALLOWED UNTIL HAZARDOUS MATERIALS HAVE BEEN
ABATED BY LICENSED CONTRACTOR IN ACCORDANCE
WITH LOCAL, STATE, AND FEDERAL REGULATIONS.
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HOT ATER LINE CO. TYPE "° OR PVC PFE AS SHOATL
SEREP LMIE 185 05ª,4" * 2° AS SHOMI
DRAINAGE FIXTURES UNITS COUNT W.H.
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SHUT-OFF VALVE
& SUREAET IRATE UNES SHALL DE SO-ECULE NO P.X.C LITED
• FACIAN BRON O CARRER A RED SO TURE POTENTIAL 120
• PLUMENO OBTRACIOR TO VERFT ALL ENSTONO OGNATCHS BY A DEVICE THAT CONFORMS SHETEMS MARRE PENS NE CRANNCE 1 PASEN ANSES PORS 9P SA MELE 1070 OR CSA S125.3 ANIRABLE MATER UNES SCLE DE IVE 1" COSE AND M
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ELECTRICAL SVMBOLS
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50m1 33
A-02
13'-5"-
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14'-7"
STORAGE
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153 sqft.
KITCHEN FINISH SCHEDULE
NAME FLOOR BASE NORTH EAST SOUTH WEST CLG
SERVI E
18 sqhat KICHEN F-1 *-2
B-1 M/A
FINISH MATERIAL
CAN COME BASE
NOTE:
KITCHEN
540 sqft.
5'-6" ELECTRICAL SYMBOLS
KAL DUPLEX OMET FLOOR PLAN
(ACHOVE) WALL OPLE CUTLET
SHEET VINY.
NOTE:
ASBESTOS CONTANING WATERIAL PRESENTINALI
ALLOWED UNTIL HAZARDOUS MATERIALS HAVE BEEN
ARATED BY LEASED CONTRAL BRIN ALCORDANCE
22'-6"
COTCHEN ARE CENTER
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SEMEP LHE ABS 06"4" & 2 AS SHOAL
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13. FACER SHALL SIOPE TOMARS THE FICOR GRADI
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RECHEN ATE CENTER
STATE PREVAILING WAGE
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68