Final Revised Request for Proposals — City Council/Public Finance and Economic Development Authority/Parking Authority, January 21, 2025

CITY OF MERCED

Request for Proposal

PLAYGROUND EQUIPMENT AND SURFACING

DESIGN AND INSTALLATION
COMMUNITY PARK 42- REGIONAL SPORTS COMPLEX
CP240052

Due September 18, 2024 @ 2:00 p.m.

Parks & Community Services Department
632 w 18 th Street
Merced, CA 95340
Attn: Christopher Jensen, Director

BACKGROUND
The City of Merced, Parks & Community Services Depa rtment is soliciting proposals from qualified playground equipment manufacturers a nd vendors to design, provide, and install playground equipment at Community Park 42- Regional Sports Complex as detailed in this Request for Proposals (RFP). In general, t he City is looking for unique play equipment with all-inclusive design features and high play value that will encourage physical activity and year round use by multiple generations of users, namely children and their caregivers. Equipment design must meet the require ments of the Americans with Disabilities Act (ADA) and utilize International Pl ayground Equipment Manufacturers Association (IPEMA) certified equipment that meets or exceeds all federal and state guidelines and conforms to the playground-related technical standards set by the American Society of Testing Materials International (ASTM) and the U.S. Consumer Products Safety Commission.

Community Park 42 is a dedicated regional sports complex currently under construction that includes over 34 acres of soccer fields, basketball courts, pickleball courts, and a futsal court. Full site plan renderings are included as Exhibit A for context. The park will be used for local and regional sports games and activities. The playground area of the park sits between all other park features and is one of the first amenities to greet visitors as they arrive at the facility. The City has hired a general contractor to build the sports fields at Community Park 42. The selected vendor(s) will b e required to coordinate the installation of the selected playground equipment w ith the City’s general contractor to minimize delays in completion.

Funding for the playground is being provided by First 5 of Merced County with the intention of providing a unique, all-inclusive themed playground that is user friendly for children of all ages and abilities and their caregivers.

Vendors are invited to submit proposals with up to three (3) playground designs for the Community Park 42- Regional Sports Complex.

SCOPE OF WORK
Selected vendor(s) will be responsible for the desi gn, provision and installation of play equipment and surfacing at Community Park 42 within the designated budget for the location. site plan and playground footprint(s) are provided in Exhibits B. This includes approximately 13,000 Sq. Ft. of playground area.

Location: Community Park 42, located on southeast corner of Mission Ave and Tyler Rd in the City of Merced

Budget for Completed Project:
$450,000

Equipment: The City is looking for a unique, all-inclusive themed playground with surfacing and equipment that encourages multigenerational use among children, siblings, and caregivers of various abilities. Designs that include surfacing and equipment which offer various elevations, textures, and sensory engagement are encouraged. In addition, design and equipment should maximize visibility of children at play. Design features that provide shade in the afternoon heat are highly desirable. The playground should include two play areas separated by a sitting area, Play Area # 1, and Play Area # 2, to be proposed by the vendor. A sitting area will not be part of the required scope but should be incorporated as part of designs included in each proposal.

• Play Area #1 shall be designed for children ages 2 -5 and shall include features that engage visual, auditory, and tactile experiences. This area should encourage exploration, cooperative play, social interaction, and imaginative play between children and their caregivers.

• Play Area #2 shall be designed for children ages 5 -12 and shall include features that provide scaled levels of healthy challenges that require climbing, swinging, jumping, or spinning. This play area should provide height and spatial versatility that provide maximum play volume and value for older children.

Greater consideration will be given to designs that incorporate ADA compliant components and encourage interactive play for children of all abilities. This could include wheelchair compatible elements, sensory components, or other inclusive play equipment and or surfacing.

Creativity in design and consideration of durable equipment is strongly encouraged.

Vendors who showcase established design build partnerships or teams that will lead to more feasible timelines for completion of the playground will be given stronger consideration.

Proposals that include equipment that can leverage additional funding sources or discounts are of specific interest.

Basic Requirements:

The City of Merced requires the vendor to design a playground system that meets or exceeds all current federal standards and shall meet the following certifications, guidelines, rules and regulations:
a. ADA (Americans with Disabilities Act).
b. CPSC (U.S. Consumer Product Safety Commission).
c. ASTM – F1487 (American Society for Testing and Materials standard for Public Use Playground Equipment). The most recent edition.
d. IPEMA Certification (Internal Play Equipment Manufacturers Association).

Play structures and amenities must be age appropriate with proper signage.

Playground structure(s) shall be designed for age groups 2-5 years and 5-12 years.

Also required are detailed technical installation instructions and maintenance and operations manuals from the manufacturer.

Designs submitted for review shall include:
o Full color elevation from all sides and a playgrou nd layout visible from overhead. o Color options
o Catalog/cut sheet information
o Full warranty information including fade resistanc e

The new playground must be in the area provided at the park, indicated as Item 12 in the Legend in Exhibit A (Community Park 42 Site Plan). Play areas (1 & 2) shall not extend beyond the existing play area indicated in Exhibit B (Play Area(s) Dimensions).

The applicant is responsible for reviewing the attached exhibits. If the applicant wishes to walk the project site, please contact Christopher Jensen to schedule a walkthrough. It is crucial that the no one enter the job site without the accompaniment of a City of Merced representative, as the site is currently under construction.

Following installation, a full and thorough audit o f all newly installed play equipment will be performed by the City of Merced Parks & Communit y Services and Engineering staff.

Vendor(s) will be required to address and resolve a ny identified deficiencies within five (5) working days of notification of the deficiencie s by the City representative.

MANDATORY PRE-BID MEETING
A mandatory pre-proposal meeting will be held for a ll interested vendors. The meeting will be held on September 10, 2024, at 11 a.m. thro ugh Microsoft Teams. Interested parties should email Director of Parks & Community Services, Christopher Jensen, at [email protected] by September 5, 2024, to receive the meeting link.

Site visits will not be held following the meeting, but interested vendors are encouraged to schedule a time with Christopher Jensen to review site conditions at the location to familiarize themselves with the park site, playground areas, and active construction activities.

PROPOSAL CONTENT
The submission should consist of a written proposal , which shall include the following items:

1. An introduction containing the following informa tion:
a. A complete description of capability and history of the contractor (vendor). b. History of similar projects completed within the last three years, including cost and client contact information.
c. California State Contractors License Board (CSLB ) contractor license number and type of licenses held.

d. A brief description of the proposed schedule inc luding how the project would be organized and built.
e. A list of sub-contractors to be used on the proj ect, including CSLB license number and licenses held (if applicable).

2. A list of not less than three (3) references inc luding product or service provided, name of agency, contact person, phone number and/or e-mail.

3. Identify
any Leveraged Procurement Agreements (LPAs) or other cooperative purchasing programs in which vendor participates to secure favorable pricing on equipment. Such pricing is to be incorporated in th e cost proposal(s).

4. Up to two (2) playground/equipment design propos als. For each design proposal, provide the following:
a. A scaled site plan showing the proposed equipmen t and relationship to existing equipment (if applicable).

For sand play area equipment,
include any surfacing required for ADA compliance. No more than three playground designs will be accepted.
b. Drawings and manufacturer’s printed literature a nd specifications for each item or component of the modular equipment being proposed. c. A detailed breakdown of cost shall include, but is not limited to, all expenses including, (note this is a prevailing wage project):
i. Design

ii. Equipment (inclusive of all structures, compone nts, signage, hardware, equipment manuals and operations manuals)
iii. Installation
iv. ADA compliant surfacing in play areas (if neces sary) v. Any other equipment-related improvements necessa ry to complete the project.
d. Playground manufacturer warranties.
e. Proof of Manufacturer's Product Liability Insura nce f. Proof of installer factory certification

5. Anticipated lead time for equipment construction and delivery.

6. Signed agreement in the form attached as Exhibit C.

SPECIAL ISSUES AND REQUIREMENTS

Form and Execution of Contract . A sample contract is provided in Exhibit D. Please review the sample contract entirely. If the vendor is unable to agree to the terms and

conditions of the sample contract, then the vendor’s proposal will be deemed incomplete and not considered.

Labor Code . The vendor shall comply with Sections 3700 et seq. of Labor Code of the State of California, requiring every employer to be insured against liability for worker’s compensation.

The bidder is required to abide by all applicable provisions of the Labor Code, including payment of the minimum prevailing wage rate as determined by the State Department of Industrial Relations (DIR).

DIR Registration . City will not accept proposals from or enter into any contract with a bidder without proof that the bidder and its subcontractors are registered with the Department of Industrial Relations (DIR) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. Provide a list of all subcontractors and their DIR numbers.

Insurance . The vendor shall also meet the insurance requirements listed in Exhibit D and naming the City of Merced as additional insured.

Conflict of Interest . The vendor must be aware of and comply with conflict of interest rules included in the California Political Reform Act, and Section 1090 et. Seq. of the Government Code. The Political Reform Act requires City/Agency officers and committee members to file statements of interest and abide by a Conflict-of-Interest Code. Section 1090 limits or prohibits a public official from contracting with a body of which an official is a member. Section 1090 applies even where the officer only reviews the contract for the approving body.

Payment and Performance Bond . Pursuant to California Civil Code Section 9550 et seq, any successful bidder for cumulative work more than $25,000 shall furnish to the City at the time of execution of the contract a payment bond approved by the City in an amount equal to one hundred percent (100%) of the contract price. The successful bidder for cumulative work more than $25,000 shall also furnish to the City at the time of execution of the contract a faithful performance bond approved by the City in an amount equal to one hundred percent (100%) of the contract price. Bonds shall be provided on the forms attached to this RFP as Exhibit E at the time requested by the City.

PUBLIC RECORD
Responses to this RFP become the exclusive property of the City of Merced. When the City Engineer recommends a firm to the City Council , all proposals received in response to this RFP becomes a matter of public record and s hall be regarded as public records, with the exception of those elements in each propos al which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary”. The City shall not in any way be lia ble or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure i s required under the Public Records Act.

Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Propri etary” shall be regarded as non- responsive.

Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the C ity of Merced may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secre t,” or “Proprietary,” the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.

WITHDRAWAL OF PROPOSALS
A Proposer may withdraw its proposal at any time be fore the expiration of the time for submission of proposals as provided in the RFP by d elivering a written request for withdrawal signed by, or on behalf of, the Proposer.

PROTEST PROCESS
A vendor that submits a proposal that is disqualified may challenge the disqualification by filing a protest within seven (7) calendar days of the date of the City’s notice of disqualification. Staff recommendations to award th e agreement(s) to a particular vendor or vendors shall be posted at on the City’s website . An unsuccessful vendor may file a protest no later than seven calendar days after the recommendation is posted on the website, except for protests regarding disqualifica tion, which must be protested within seven days of the disqualification notice. All pr otests shall be in writing, filed with the Director of Parks, Christopher Jensen , and include the following:

• RFP Name;
• The name, address, and telephone number of the pro tester; • A detailed statement describing the legal and fact ual grounds for the protest, including copies of relevant documents;
• The form of relief requested; and

• The signature of the protester or its authorized r epresentative.

The City Engineer will render a written decision within 30 days after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is completed.

EVALUATION OF PROPOSALS
The Parks & Community Services staff will review th e written proposals with City Engineer and will determine the top vendor(s). Each design in the proposal will be evaluated separately and final proposal rankings de veloped for each. Evaluation of the proposals will be conducted, based on the following:

• Responsiveness to the RFP and the criteria
• Proposed site equipment designs and concepts
• Originality and creativity
• Safety
• Accessibility
• Overall play value of the proposed design and equipment • Durability and ease of maintenance of the proposed equipment • Ability to put together a design and construction p lan to perform all aspects of the project, possess appropriate California contractor’ s license, and meet insurance requirements.
• Ability of proposed design to meet IPEMA certification requirements and comply with current ADA, CPSC, and ASTM guidelines.
• A complete submittal package.

Based on the proposal evaluations, the Parks & Community Services staff will make vendor/design recommendation(s) to the Parks & Community Services Commission who will make final recommendations to t he Merced City Council. The City Council will make the final determination and selec t the vendor(s) for this project. Upon acceptance, the City reserves the right to make cha nges to the selected design within the project scope and budget.

OTHER CONSIDERATIONS
This RFP does not commit the City of Merced to awar d a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. No payment of any kind will be provided t o a vendor for responding to this RFP. The City is not bound to select any of the ve ndors submitting proposals, and may, at its discretion, waive any irregularities in Proposals and their submittal. The City

reserves the right to reject any or all proposals, and to reissue the RFP in part or in its entirety.

The City reserves the right to cancel or modify, fo r any or no reason, in part or in its entirety, this RFP including, but not limited to, s election schedule, submittal date, and submittal requirements, without prior notice. Notif ication of revisions to the RFP will be made by addendum posted on the bid webpage no later than 7 calendar days prior to proposal due date.

The City reserves the right to verify the informati on received in the Proposal. If a vendor knowingly and willfully submits false inform ation or data, the City reserves the right to reject that Proposal.

If it is determined that a contract was awarded bec ause of false statements or other data submitted in respons e to this RFP, the City reserves the right to terminate the contract. The City rese rves the right to request additional information at any time from all vendors which the City deems necessary to evaluate Proposals.

All documentation and materials submitted in respon se to this RFP, will remain the property of the City and will become a public recor d subject to the requirements of the California Public Records Act.

Vendor(s) shall obtain a City of Merced Business Li cense prior to commencing any work.

PROPOSAL SELECTION

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right, without qualification, to:

• Select any proposal when such action is considered to be in the best interest of the City;
• Reject any and all proposals;
• Issue subsequent Requests for Proposals;
• Postpone opening for its own convenience;
• Approve or disapprove the use of particular subcontractors; • Accept other than the lowest offer;
• Exercise discretion and apply its judgment with respect to selection of any proposals submitted;
• Waive informalities and irregularities in the proposals;

• Negotiate with any, all or none of the proposers;
• Select proposals, based on initial proposals received, without discussion or after detailed discussions or contract negotiations;
• Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer.

This RFP is not an offer by the City to contract with any party responding to this RFP.

In addition, no reimbursement for expenses incurred or time spent will be made.

All submittals and information contained therein provided in the proposal package shall become the property of the City.

PROPOSAL DEADLINE
One (1) copy of the completed proposal must be subm itted no later than 2:00 p.m. on Wednesday, September 18 , 2024 . Proposals shall be submitted in a sealed envelope marked "RFP Playground Equipment & Surfacing Design and In stallation at Community Park 42". Proposals should be signed by an authorized indiv idual to bind the firm and must be valid for at least 90 days.

Proposals may be submitted by U.S. Mail or delivered in person to the City of Merced Parks Department at the address noted below; post-marks will not be accepted.

City of Merced
Parks & Community Services Department
632 w 18
th Street
Merced, CA 95340
Attn: Christopher Jensen, Director

FEE PROPOSAL
The fee proposal must include the costs of the play systems equipment, surfacing including base layer, delivery charges, any discounts, and co st of supervised installation, and all labor and equipment to complete the project.

TENTATIVE SCHEDULE
• Request for Proposals released - August 16 th .
• Pre bid meeting- September 10 th , 11:00 a.m. via Microsoft Teams • Proposals Due - September 18 th , 2:00 p.m.
• Contract award - Mid October 2024
• Construction/Installation*- Fall 2024 - Spring, 2025

*Vendor agrees to hold equipment and upon notificat ion from General Contractor or City Representative, coordinate delivery and installatio n of play equipment at specified location undergoing site improvements. The date(s) for the installation of the playground equipment will be determined by the Gene ral C o n t r a c t o r or City Representative.

ADDITIONAL INFORMATION
Telephone communication with City staff is not enco uraged, and the City is not bound by any clarifications, interpretations, corrections or changes to the RFP that are made verbally or in any manner other than by written add endum. Interpretation or correction of the RFP will be made by addendum posted on the C ity’s bid webpage no later than 7 calendar days prior to proposal due date.

Attachments

• Exhibit A - Community Park 42 Site Plan
• Exhibit B - Play Area(s) Dimensions and Current Dr awings • Exhibit C - Proposal Summary Form (to be included with proposal) • Exhibit D - Sample Contract and Insurance Requirem ents • Exhibit E- Payment and Performance Bond Forms

CITY OF MERCED CP-42 PARK PLAN
07/26/2023
NOTE: THIS DOCUMENT IS FOR CONCEPTUAL PLANNING PURPOSES ONLY . THIS DOCUMENT IS MARKED PRELIMINARY AND NOT TO BE USED FOR CONSTRUCTION PURPOSES. ANY IMAGES SHOWN ARE TO CONVEY CONCEPT ONLY . CONSTRUCTION PLANS WILL VARY DEPENDING ON BUDGET , CLIENT DIRECTION, COMMUNITY INPUT AND FINAL MATERIALS SELECTION.
1 2
3 4
5 6
7 8
9 10
11 12
13 LEGEND
Parking Lot (318 Car Stalls / 9 Bus/RV)
Walking Loop Trail (Perimeter = 0.9 ± miles)
Basketball / Tennis / Pickleball Courts
Sand Volleyball Courts
Futsal Court
Shade / Picnic Shelter (30’x30’)
Large Group Shade / Picnic Shelter (50’x100’)
Restroom Building
Restroom / Concessions Building
Entry Monument
Soccer / Football Field
Play Area (2-5 and 5-12)
Bus Parking / Food Truck Area
Basin Limits14
1 FUTURE WINDER AVE

MISSION AVENUE

TYLER ROAD
1 1
2 2
1 10
1 13
1 1
2 9
6 6
14 111111
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7 12
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CITY WELL SITE NO. 20
6 SOCCER FIELD AT NIGHT

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75PROJECT# 122061LANDSCAPE IMPROVEMENT PLANSENGINEERING PROJECTS AND STANDARDS678 W. 18th Street (209) 385-6846ENGINEERING CITY MERCED, CALIFORNIAOFINCORPORATED APRIL 1, A.D. 1889 "Gateway to Yosemite"City of MercedCOMMUNITY PARK-42BID SUBMITTALCall : TOLL FREEYOU DIGBEFORETWO DAYSnderground ervice lert 1 ( 800 ) 227 - 2600
USAUSA
SignatureRenewal DateDateLICENSED LANDSCAPE ARCHITECTSTATE OF CALIFORNIA TYLER D. FAY #604904/30/26
01/12/2023
L1.5SITE FEATURES AND FINISHESPLAN - ADDITIVE ALTERNATE #1 SCALE: 1" =010204020'
LOCATION MAP1"=500'
28 SITE FEATURE SCHEDULE - ADDITIVE ALTERNATE #1FINISHDESCRIPTIONCOLORQUANTITYPATTERN / INFORMATIONDET REF.

SITE FINISH SCHEDULE - ADDITIVE ALTERNATE #1FINISH

SHEET NOTES
DMHRIM 159.45INV. 12" 154.82(W)INV. 12" 154.90(S)FOR CONTINUATION SEE SHEET C1.5. 75PROJECT# 122061LANDSCAPE IMPROVEMENT PLANSENGINEERING PROJECTS AND STANDARDS678 W. 18th Street (209) 385-6846ENGINEERING CITY MERCED, CALIFORNIAOFINCORPORATED APRIL 1, A.D. 1889 "Gateway to Yosemite"City of MercedCOMMUNITY PARK-42BID SUBMITTALCall : TOLL FREEYOU DIGBEFORETWO DAYSnderground ervice lert1 ( 800 ) 227 - 2600USAUSA C1.2GRADING PLAN
MATCHLINE "B" - SEE SHEET C1.1
MATCHLINE "A" - SEE SHEET C1.3
LOCATION MAP1"=500'
11 SDDD
TPGB42GB18
GB36TP
TPGB42GB18GB36
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75PROJECT# 122061LANDSCAPE IMPROVEMENT PLANSENGINEERING PROJECTS AND STANDARDS678 W. 18th Street (209) 385-6846ENGINEERING CITY MERCED, CALIFORNIAOFINCORPORATED APRIL 1, A.D. 1889 "Gateway to Yosemite"City of MercedCOMMUNITY PARK-42BID SUBMITTALCall : TOLL FREEYOU DIGBEFORETWO DAYSnderground ervice lert 1 ( 800 ) 227 - 2600
USAUSA

BID SUBMITTAL
SignatureRenewal DateDateLICENSED LANDSCAPE ARCHITECTSTATE OF CALIFORNIA TYLER D. FAY #604904/30/24
01/12/2023
L1.5SITE FEATURES AND FINISHESPLAN - ADDITIVE ALTERNATE #1 SCALE: 1" =010204020'
LOCATION MAP1"=500'
28 SITE FEATURE SCHEDULE - ADDITIVE ALTERNATE #1FINISHDESCRIPTIONCOLORQUANTITYPATTERN / INFORMATIONDET REF.

SITE FINISH SCHEDULE - ADDITIVE ALTERNATE #1FINISH

SHEET NOTES
26'-10"
35'-2"
23'-5"
10'
30'
10'9'-6"
10'
30'
7'-4"
30'
10'
21'-4"13'-4"10'
7'-1"
9'-2"
11'
8'-1"
26'
8'
29'
12'-10"
20'
25'
10'
20'
8'-2"
7'-6"11'-2"7'-3"
16'-4"
11'-2"2'9'-2"
11'-3"11'-3"
25'-4"
12'-5"7'-4"8"1'-9"1'-3"1'-9"5'-6"1'-8"7'-6"
18'-11"
5'-7"
11'-11"6'-2"
14'-9"1'-4"
9'-2"2'-11"5'-1"10"6'-8"
16'-8"6'-11"11'-2"11'-2"7'-5"8'4'11'-6"5'-2"1'-8"2'-3"1'-2" 1'-11"24'-3"6'-9"
21'1'-8"22'-1"
10'-8"6'-9"2'3'-7"
16'-11"1'3'-9"1'-8"6'-6"
7'-9"
22'-4"1'-6"8'6'-11"
2'-10"1'-2"2'3'-11"1'-11"10'-2"8'-7"10'-4"6"8'-7"3'-10" 3'
9'-2" 6'-7"6'-3"
75PROJECT# 122061LANDSCAPE IMPROVEMENT PLANSENGINEERING PROJECTS AND STANDARDS678 W. 18th Street (209) 385-6846ENGINEERING CITY MERCED, CALIFORNIAOFINCORPORATED APRIL 1, A.D. 1889 "Gateway to Yosemite"City of MercedCOMMUNITY PARK-42BID SUBMITTALCall : TOLL FREEYOU DIGBEFORETWO DAYSnderground ervice lert 1 ( 800 ) 227 - 2600
USAUSA

BID SUBMITTAL
SignatureRenewal DateDateLICENSED LANDSCAPE ARCHITECTSTATE OF CALIFORNIA TYLER D. FAY #604904/30/24
01/12/2023
L2.5HORIZONTAL CONTROL PLAN -ADDITIVE ALTERNATE #1
SCALE: 1" =05102010'LOCATION MAP1"=500'ADDITIVE ALTERNATE #1 - PLAY AREA SURFACING LAYOUT ADDITIVE ALTERNATE #1 - PLAY EQUIPMENT FOOTING LAYOUT
37 SHEET NOTES

Proposal Summary Form (to be included with proposal)

CITY OF MERCED- PLAYGROUND EQUIPMENT DESIGN AND INSTALLATION AT COMMUNITY PARK 42- REGIONAL SPORTS COMPLEX

At the time of the proposal, the following form needs to be filled in and returned with other requested materials. A unit price for the various pieces of equipment shall be used to determine final price. Proposal shall be all inclusive of all product, taxes, delivery, installation, fees, etc. All work shall include new playground installation and new playground surface, and all work shall carry worker’s compensation and prevailing wage rates.

DIR Registration. City will not accept Proposals from or enter into any contract with a bidder without proof that the bidder and its Subcontractors are registered with the Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The contract with the Playground Company shall be direct with the City of Merced.

Please submit the Prices below in a sealed Envelope separate from rest of Proposal.

Vendor’s Name :

Total Price of Submitted Playground Design
(Total price includes design, products, sales taxes,
delivery, installation, warranty, other associated costs):

Major Features of Submitted Playground Design:

Itemized list of equipment, materials, supplies and their associated cost on separate sheet.

Total Lump Sum Cost: _______________________________________

Signature ______________________________________ Date _____________

5 LIST OF SUBCONTRACTORS

TO BE SUBMITTED WITH BID. The Bidder shall list th e Name, Address, Email Address, License Number, Department of Industrial Relations (DIR) Nu mber, and applicable DIR Labor Classification(s) of each subcontractor to whom the Bidder proposes t o subcontract portions of the work. All work not listed below shall be done by the general contractor.

Ready-mix haulers and companies that deliver ready- mixed concrete for public works projects are considered subcontractors under Labor Code section 1722.1 and must register with the Department of Industrial Relations as specified in Labor Code section 1725.5.

Name: ___________________________________________
Address: _________________________________________
_________________________________________
Email: ___________________________________________
Work to be Performed: ______________________________
License No.: ______________________________________
DIR Registration No.: _______________________________
DIR Labor Classification(s): __________________________ _________________________________________________
Name: ___________________________________________
Address: _________________________________________
_________________________________________
Email: ___________________________________________
Work to be Performed: ______________________________
License No.: ______________________________________
DIR Registration No.: _______________________________
DIR Labor Classification(s): __________________________ _________________________________________________

CITY OF MERCED DESIGN BUILD AGREEMENT

This AGREEMENT is made as of the day of in the year of 20 , by and between the following parties, for services in connection with the Project identiﬁed below.

OWNER:

City of Merced
Attn: City Manager
678 W. 18th Street
Merced, CA 95340

DESIGN-BUILDER:
(Name and address)

PROJECT:
(Include Project name and location as it will appear in the Contract Documents) Merced Applegate Zoo Request For Proposals – Design Build Project 632 W. 18th Street
Merced, CA 95340

In consideration of the mutual covenants and obligations contained herein, Owner and Design- Builder agree as set forth herein.

Article 1
Scope of Work

1.1 Design-Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents.

Article 2
Contract Documents

2.1 The Contract Documents are comprised of the following:

2.1.1 All written modiﬁcations, amendments, minor changes and Change Orders to this Agreement;

2.1.2 The Basis of Design Documents, including the Owner’s Project Criteria, Design-Builder’s Proposal and the Deviation List, if any, contained in the Design-Builder’s Proposal, which shall speciﬁcally identify any and all deviations from Owner’s Project Criteria;

2.1.3 This Agreement, including all exhibits and attachments, executed by Owner and Design -Builder (List for example, performance standard requirements, performance incentive requirements, markup exhibits, allowances, or unit prices);

2.1.4 The General Conditions of Contract; and

2.1.5 Construction Documents prepared and approved in accordance with this Contract.

Article 3
Interpretation and Intent

3.1 Design-Builder and Owner, prior to execution of the Agreement, shall carefully review all the Contract Documents, including the various documents comprising the Basis of Design Documen ts, for any conﬂicts or ambiguities. Design-Builder and Owner will discuss and resolve any identiﬁed conﬂicts or ambiguities prior to execution of the Agreement.

3.2 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conﬂict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event inconsistencies, conﬂicts, or ambiguities between or among the Contract Documents are discovered after execution of the Agreement, Design-Builder and Owner shall attempt to resolve any ambiguity, conﬂict or inconsistency informally, recognizing that the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. Conﬂicts existing within Section 2.1.2 shall be resolved by giving precedence ﬁrs t to the Deviation List, if any, then the Owner’s Project Criteria, and then the Design-Builder’s Proposal.

3.3 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract.

3.4 If Owner’s Project Criteria contain design speciﬁcations: (a) Design-Builder shall be entitled to reasonably rely on the accuracy of the information represented in such design speciﬁcations and their compatibility with other information set forth in Owner’s Project Criteria, including any performance speciﬁcations; and (b) Design-Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder’s cost and/or time of performance have been adversely impacted by such inaccurate design speciﬁcation.

3.5 The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as speciﬁcally stated in the Contract Documents.

Article 4
Ownership of Work Product

4.1 Work Product. All drawings, speciﬁcations and other documents and electronic data, including such documents identiﬁed in the General Conditions of Contract, furnished by Design -Builder to Owner under this Agreement (“Work Product”) are deemed to be instruments of ser vice and Design -Builder shall retain the ownership and property interests therein, including but not limited to any intellectual property rights, copyrights and/or patents, subject to the provisions set forth in Sections 4.2 through 4.5 below.

4.2 Upon Owner’s payment in full for all Work performed under the Contract Documents, Design- Builder transfers to Owner all ownership and property interests, including but not limited to any intellectual property rights, copyrights and/or patents, in the Work Product . Such transfer is conditioned on Owner’s express understanding that its alteration of the Work Product without the involvement of Design-Builder is at Owner’s sole risk and without liability or legal exposure to Design -Builder or anyone working by or thro ugh Design- Builder, including Design Consultants of any tier (collectively the “Indemniﬁed Parties”), and on the Owner’s obligations to provide the indemnity set forth in Section 4.5 below.

4.3 Owner’s Limited License upon Owner’s Termination for Convenience or Design-Builder’s Election to Terminate. If Owner terminates this Agreement for its convenience as set forth in Article 8 hereof, or if Design - Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner’s payment in full of the amounts due Design- Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights as set forth in Section 4.2 above, conditioned on the following:

4.3.1 Use of the Work Product is at Owner’s sole risk without liability or legal exposure to any Indemniﬁed Party and on the Owner’s obligation to provide the indemnity set forth in Section 4.5 below; and

4.3.2 Owner agrees to pay Design-Builder the additional sum of Dollars ($ ) as compensation for the right to use the Work Product to complete the Project and subsequently use the work Product in accordance with Section 4.2 if Owner resumes the Project through its employees, agents, or third parties.

4.4 Owner’s Limited License upon Design-Builder's Default. If this Agreement is terminated due to Design- Builder's default pursuant to Section 11.2 of the General Conditions of Contract, then Design -Builder grants Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, and Owner shall thereafter have the same rights and obligations as set forth in Section 4.2 above. Notwithstanding the preceding sentence, if it is ultimately determined that Design -Builder was not in default, Owner shall be deemed to have terminated the Agreement for convenience, and Design-Builder shall be entitled to the rights and remedies set forth in Section 4.3 above.

4.5 Owner’s Indemniﬁcation for Use of Work Product. If Owner is required to indemnify any Indemniﬁed Parties based on the use or alteration of the Work Product under any of the circumstances identiﬁed in this Article 4, Owner shall defend, indemnify and hold harmless such Indemniﬁed Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys’ fees, arising out of or resulting from the use or alteration of the Work Product.

Article 5
Contract Time

5.1 Date of Commencement. The Work shall commence within ﬁve (5) days of Design -Builder’s receipt of Owner’s Notice to Proceed (“Date of Commencement”) unless the parties mutually agree otherwise in writing.

5.2 Substantial Completion and Final Completion.

5.2.1 Substantial Completion of the entire Work shall be achieved no later than ( ) calendar days after the Date of Commencement (“Scheduled Substantial Completion Date”).

5.2.2 Interim milestones and/or Substantial Completion of identiﬁed portions of the Work (“Scheduled Interim Milestone Dates”) shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion)

5.2.3 Final Completion of the Work or identiﬁed portions of the Work shall be achieved as expeditiously as reasonably practicable. Final Completion is the date when all Work is complete pursuant to the deﬁnition of Final Completion set forth in Section 1.2.7 of the General Conditions of Contract.

5.2.4 All of the dates set forth in this Article 5 (collectively the “Contract Time(s)”) shall be subject to adjustment in accordance with the General Conditions of Contract.

5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents.

5.4 Liquidated Damages. Design- Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completio n Date, Owner will suffer damages which are difficult to determine and accurately specify. Design-Builder agrees that if Substantial Completion is not attained by ( ) days after the Scheduled Substantial Completion Date (the “LD Date”), Designer-Builder shall pay Owner Dollars ($ ) as liquidated damages for each day that Substantial Completion extends beyond the LD Date.

Article 6
Contract Price

6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract the sum of One Million Eight Hundred Thousand Dollars ($ 1,800,000.00) (“Contract Price”), subject to adjustments made in accordance with the General Conditi ons of Contract. Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements.

6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Sections 9.4.1.3 or 9.4.1.4 of the General Conditions of Contract, the following markups shall be allowed on such changes:

6.2.1 For additive Change Orders, including additive Change Orders arising from both additive and deductive items, it is agreed that Design-Builder shall receive a Fee of percent ( %) of the additional costs incurred for that Change Order, plus any other markups set forth at Exhibit hereto.

6.2.2 For deductive Change Orders, including deductive Change Orders arising from both additive and deductive items, the deductive amounts shall include:

No additional reduction to account for Design-Builder’s Fee or any other markup.

6.3 Allowance Items and Allowance Values.

6.3.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in an Exhibit hereto.

6.3.2 Design- Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design -Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design -Builder that the Allowance Item in question can be performed for the Allowance Value.

6.3.3 No work shall be performed on any Allowance Item without Design-Builder ﬁrst obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price.

6.3.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design- Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.

Article 7
Procedure for Payment

7.1 Progress Payments.

7.1.1 Design- Builder shall submit to Owner on the ( ) day of each month, beginning with the ﬁrst month after the Date of Commencement, Design- Builder’s Application for Payment in accordance with Article 6 of the General Conditions of Contract.

7.1.2 Owner shall make payment within twenty (20) days after Own er’s receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract.

7.2 Retainage on Progress Payments.

7.2.1 Owner will retain percent ( %) of each Application for Payment provided, however, that when ﬁfty percent (50%) of the Work has been satisfactorily completed by Design- Builder and Design -Builder is otherwise in compliance with its contractual obligations, Owner will not retain any additional retention amounts from Design -Builder’s subsequent Applications for Payment.

Owner will also reasonably consider reducing retainage for Subcontractors completing their work early in the Project.

7.2.2 Within ﬁfteen (15) days after Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design- Builder all retained amounts relating, as applicable, to the entire Work or completed porti on of the Work, less an amount equal to (a) the reasonable value of all remaining or incomplete items of Work as noted in the Certiﬁcate of Substantial Completion and (b) all other amounts Owner is entitled to withhold pursuant to Section 6.3 of the General Conditions of Contract.

7.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design -Builder’s properly submitted and a ccurate Final Application for Payment within thirty (30) days after Owner’s receipt of the Final Application for Payment, provided that Design-Builder has satisﬁed the requirements for ﬁnal payment set forth in Section 6.7.2 of the General Conditions of Contract.

7.4 Interest. Payments due and unpaid by Owner to Design- Builder, whether progress payments or ﬁnal payment, shall bear interest commencing ﬁve (5) days after payment is due at the rate of percent ( %) per month until paid.

7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a cost basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper ﬁ nancial management, using accounting and control systems in accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner’s accountants shall be afforded access to, and the right to audit from time- to-time, upon reasonable notice, Design -Builder’s records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work performed on a cost basis in accordance with the Contract Documents, all of which Design-Builder shall preserve for a period of three (3) years after Final Payment.

Such inspection shall take place at Design-Builder’s offices during normal business hours unless another location and time is agreed to by the parties. Any multipliers or markups agreed to by the Owner and Design-Builder as part of this Agreement are only subject to audit to conﬁrm that such multiplier or markup has been charged in accordance with this Agreement, with the composition of such multiplier or markup not being subject to audit.

Article 8
Termination for Convenience

8.1 Upon ten (10) days’ written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:

8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work;

8.1.2 The reasonable costs and expenses attribu table to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and

8.1.3 T he fair and reasonable sums for overhead and proﬁt on the sum of items 8.1.1 and 8.1.2 above.

8.2 In addition to the amounts set forth in Section 8.1 above, Design-Builder shall be entitled to receive one of the following as applicable:

8.2.1 If Owner terminates this Agreement prior to commencement of construction, Design-Builder shall be paid percent ( %) of the remaining balance of the Contract Price.

8.2.2 If Owner terminates this Agreement after commencement of construction, Design -Builder shall be paid percent ( %) of the remaining balance of the Contract Price.

8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Section 4.3 hereof. Such rights may not be transferred or assigned to others without Design -Builder’s express written consent and such third parties’ agreement to the terms of Article 4.

Article 9
Representatives of the Parties

9.1 Owner’s Representatives.

9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner’s Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers)

9.1.2 Owner designates the individual listed below as its Owner’s Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers)

9.2 Design-Builder’s Representatives.

9.2.1 Design- Builder designates the individual listed below as its Senior Representative ("Design - Builder’s Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers)

9.2.2 Design- Builder designates the individual listed below as its Design-Builder’s Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: (Identify individual’s name, title, address and telephone numbers) Article 10
Bonds and Insurance

10.1 Insurance. Design- Builder and Owner shall procure the insurance coverages set forth in the Insurance Exhibit attached hereto and in accordance with Article 5 of the General Conditions of Contract.

10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security:

Performance Bond.

Required Not Required

Payment Bond.

Required Not Required
In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary ﬁnancial resources to fulﬁll its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein.

OWNER: DESIGN-BUILDER:

(Name of Owner) (Name of Design-Builder)

(Signature) (Signature)

(Printed Name) (Printed Name)

(Title) (Title)

Date: Date:

EXHIBIT C- INSURANCE
INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
a. Workers’ Compensation Insurance. Full workers’ compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer’s Liability limits of $2,000,000.00 per accident. The policy shall be endorsed to waive the insurer’s subrogation rights against the City.

b. General Liability.

(i) Consultant shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.

(ii) Consultant shall maintain limits of no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage.

(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.

(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non- contributory.

(v) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.

c. Automobile Insurance.

(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

(ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the Consultant.

(iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non- contributory.

d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant’s profession in the minimum amount of Two Million Dollars ($2,000,000). Architects and engineers’ coverage is to be endorsed to include contractual liability. e. Qualiﬁcations of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisﬁes all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A:VII or better (except for workers’ compensation provided through the California State Compensation Fund).

f. Certiﬁcate of Insurance. Consultant shall complete and ﬁle with the City prior to engaging in any operation or activity set forth in this Agreement, certiﬁcates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation—including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant’s insurance policies are not current.

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Merced (hereinafter refe rred to as “City”) has awarded to ____________________, (hereinafter referred to as t he “Contractor”) _______________________ an agreement for __________ ____________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contracto r is more particularly set forth in the Contract Documents for the Project dated ______ __________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contra ct Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersig ned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of _________________ __________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assign s, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, s hall in all things stand to and abide by, and well and truly keep and perform the covenants, cond itions and agreements in the Contract Documents and any alteration thereof made as therei n provided, on its part, to be kept and performed at the time and in the manner therein spe cified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory compl etion of the Contract Documents, unless otherwise provided for in the Contract Documents, t he above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused b y defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all s uch obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by t he City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordanc e with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon deter mination by Surety of the lowest responsive and responsible bidder, arrange f or a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this par agraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the Cit y to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this par agraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the Cit y to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject a ny contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contract or’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Co ntract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alter ation or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ______________________ _____________________ ___________________________________________
___________________________________________

(Name and Address of Agent or _____________________ ______________________ Representative for service of
process in California, if different _______________ ____________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________ ________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Notary Acknowledgment
A notary public or other officer completing this certifica te verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, __________________________ _____, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are s ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th eir authorized capacity(ies), and that by his/her/t heir signature(s) on the instrument the person(s), or th e entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law , it may prove valuable to persons relying on the d ocument and could prevent fraudulent removal and reattachme nt of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney -In -Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, __________________________ _____, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney -In -Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the City of Merced (hereinafter designate d as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________ ________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a b ond in connection with said contract; providing that if said Principal or any of its Subc ontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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, or for amounts due under the Unemployment Insurance Code o r for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and _____________ _____________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the Unit ed States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if s aid Principal, his or its subcontractors, heirs, executors, administrators, s uccessors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code , fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amoun ts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contra ctor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Suret y on this bond shall not be exonerated or released from the obligation of this bond by any ch ange, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension o f the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or

attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the righ t of recovery of claimants otherwise entitled to recover under any such contract or agreement or und er the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in s uch bond, but the sole conditions of recovery shall be that claimant is a person described in Sec tion 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety d oes hereby waive notice of any such change, extension of time, addition, alteration or modifica tion herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, __________________________ _____, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney -In -Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, __________________________ _____, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney -In -Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

City Council/Public Finance and Economic Development Authority/Parking AuthorityJanuary 21, 2025

City Council/Public Finance and Economic Development Authority/Parking Authority
January 21, 2025