A) City of Carmel Beach Restrooms_Project Manual-Part 1 March 2014

City of Carmel-by-the-Sea

Beach Restrooms Project

NOTICE: Bids Opened March 26, 2014 at 11:00AM

At Carmel-by-the-Sea City Hall

Located on Monte Verde Street

Between Ocean and 7th Avenues

Carmel-by-the-Sea, CA 93921

BEACH RESTROOMS PROJECT PROJECT MANUAL – PART 1 of 2

CONTRACT DOCUMENTS CONTENTS

Project Manual – Part 1 � Notice to Bidders

� Special Provisions

� Bid Form/Proposal

� Sample Contract

� Sample Bonds

Project Manual – Part 2 � Technical Specifications

Project Drawings

CITY COUNCIL

Jason Burnett, Mayor

Kenneth Talmage, Victoria Beach, Carrie Theis, Steve Hilyard

CITY STAFF Jason Stilwell, City Administrator

Sharon Friedrichsen, Public Services Director

March 2014

City of Carmel-by-the-Sea Notice To Bidders Beach Restrooms Project Page 1 of 2

CITY OF CARMEL-BY-THE-SEA

NOTICE TO BIDBERS

PUBLIC NOTICE IS HEREBY GIVEN THAT the City of Carmel-by-the-Sea invites sealed bids for a Construction Contract for the Project entitled:

Beach Restrooms Project Located on ocean side of Scenic Road at the intersection with Santa Lucia Avenue

Bids: Sealed bids will be received until 11:00 a.m. on Wednesday, March 26, 2014 by the City Clerk at Carmel-by-the-Sea City Hall, located on the east side of Monte Verde Street between Ocean and Seventh Avenues, at which time bids will be publicly opened and read aloud. Bids must be submitted on forms furnished by the City. Bids received after the designated deadline will not be accepted. No Bidder may withdraw its Bid for a period of sixty (60) days after the bid opening. The City reserves the right to reject any or all bids and waive any irregularities.

Project Description: The Project entails construction of new restrooms and associated mechanical room, screening and seat walls, decomposed granite plaza and accessible pathways. The Project is primarily comprised of, concrete and stone veneer work, but also includes electrical, plumbing, tiling, metal fabrications, waterproofing, roofing, decomposed granite paving and landscaping.

Cost Estimate: The City’s estimated total construction cost for the Project is $324,144.00. This estimate is intended to serve merely as a guideline of the magnitude of the work. Neither the bidders nor the contactor shall be entitled to claims because of an inaccuracy in the estimated cost.

Contract Documents: Digital copies of the Contract Documents, which include the Bid Form, may be obtained on CD, at no cost to the Bidder, from the City Clerk at Carmel-by-the-Sea City Hall between the hours of 8:00 a.m. and 5:00 p.m. City Hall is located on the east side of Monte Verde Street between Ocean and Seventh Avenues.

Mandatory Pre-Bid Conference: A Mandatory pre-bid conference and site visit is scheduled for 1:30 p.m. on Thursday, March 13, 2014, at the Project site, on ocean side of Scenic Road at the intersection Santa Lucia Avenue.

Contract Time: The Work for this Contract shall be performed and substantially completed within 150 calendar days starting on the first day of the Contract Time as set forth in the City’s Notice to Proceed

Contractor’s License: Pursuant to California Public Contract Code, section 3300, the successful bidder will be required to possess a current and active State of California Class A or Class B contractor’s license at the time the contract is awarded. The Contractor and/or their designated subcontractor shall be required to possess appropriate hazardous materials certifications, and each subcontractor shall possess a valid Class C license for their area of work.

Prevailing Wage: Bids shall be in accordance with the prevailing hourly rate of per diem wages for this locality and project as determined by the State of California Director of Industrial Relations pursuant to California Labor Code Section 1773.2, which prevailing hourly rate of wage is made a part of this Notice to Bidders by reference as though fully set forth herein.

City of Carmel-by-the-Sea Notice To Bidders Beach Restrooms Project Page 2 of 2

Subcontractors: Bidders shall submit with their Bid on the form supplied, a list of the names and addresses of each subcontractor and the portions of the work which each subcontractor will do. If no such list is submitted, it will be assumed that the contractor will do all the work herein specified. Bonds and Insurance: Bids must be accompanied by a 10% bid bond payment in the form of securities, certified check, cash, cashier’s check, or corporate bond. Contractor shall have the right to substitute securities for any monies withheld by the City to insure performance under the contract pursuant to Government Code Section 4590.

Upon award of contract, the Contractor must obtain a City of Carmel-by-the-Sea Business License.

Proof of valid Workers Compensation Insurance and General Liability and Property Insurance, with limits as specified under the Public Liability and Property Damage Insurance Section of this document, shall be submitted to the City. The City of Carmel-by-the-Sea, its agents, officers and employees shall be specifically named, by written endorsement to the Certificate of Insurance, as additionally insured’s under such insurance policy and Contractor shall provide the certificate of such insurance for the term of this contract. The amount of such insurance shall be as follows: Combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in aggregate. The Certificate of Insurance shall guarantee that the issuing company shall provide to the City of Carmel-by-the-Sea no less than ten (10) days prior written notice of any cancellation of the Public Liability and Property Damage Policy. All required documents, licenses, and permits to include proof of all applicable insurance coverage as required by the State of California or by the City of Carmel-by-the-Sea shall be placed on file with the City Clerk before work shall commence and no later than seven (7) working days after acceptance and award of the bid. Apprenticeships: If the project requires the employment of workers in any apprenticeable craft or trade, once awarded, the contractor or subcontractors must apply to the Joint Apprenticeship Council unless already covered by local apprentice standards (California Labor Code Section 1777.5). Liquidated Damages: The City will assess liquidated damages in the amount of $750 per calendar day for each day the Contractor fails to complete the Work within the Contract Time. Inquiries: Bid related questions should be directed to the Owner’s Representative, Harris & Associates, via Keith Anderson at [email protected] or (650)-224-7119.

City of Carmel-by-the-Sea Special Provisions Beach Restrooms Project P a g e 1 of 9


SPECIAL PROVISIONS

The work embraced herein is shown on and defined in a set of Drawings and Technical Specifications (Project Manual – Part 1) entitled “City of Carmel Beach Restrooms”, dated February 2014, prepared for the City of Carmel-by-the-Sea by Carver Studios. The work, as indicated by the Drawings and Technical Specifications shall be done in accordance with the Special Provisions, and Contract annexed hereto, and also in accordance with the Standard Specifications 2010 of the State of California, Department of Transportation, referred to herein as the "Standard Specifications", which are hereby incorporated by reference. In case of conflict between any portion of the Standard Specifications and the Special Provisions, Technical Specifications and/or the Plans, precedence shall be given first to the Plans, second to the Technical Specifications, and third the Special Provisions.

SECTION 1. - GENERAL 1-1.07B - Glossary - Wherever State, Department of Public Works, City Administrator, Department of Transportation, Owner, City, District, or words of like portent or meaning are used in the Standard Specifications or other contract documents they shall have the meaning of the City of Carmel-by-the-Sea, Monterey County, California, or its designated officials acting for the said City, within the scope of such duties entrusted to them. Wherever the words of State Highway Engineer, Chief Engineer of Department of Transportation, Division of Highways, or words of like portent or meaning appear in the Standard Specifications, they shall have the meaning of Engineer for the City of Carmel-by-the-Sea acting either directly or through properly authorized agents, such agents acting within the scope of such duties entrusted to them. Sharon Friedrichsen, Public Services Director at [email protected] or (831) 620-2021 is designated as the City Representative to act on behalf of the City in all matters pertaining to this contract.

SECTION 2. - BIDDING The bidder's attention is directed to all of the provisions of Section 2 of the Standard Specifications for proposal requirements and conditions.

A Mandatory pre-bid conference and site visit is scheduled for 1:30 p.m. on Thursday March 13, 2014, at the Project site, on ocean side of Scenic Road at the intersection Santa Lucia Avenue.

SECTION 3. - CONTRACT AWARD AND EXECUTION

The bidder’s attention is directed to all of the provisions of Section 3 of the Standard Specifications for the requirements and conditions concerning the award of and execution of contract.


3-1.18 - Contract Execution - Award of contract is anticipated for the April 1, 2014 City Council meeting. The project is expected to commence construction at an agreed upon date later in the month, April 2014.

SECTION 4. - SCOPE OF WORK The bidder's attention is directed to all of the provisions of Section 4 of the Standard Specifications for the requirements and conditions concerning the scope of work. 4-1.05 - Changes and Extra Work - Changes and extra work shall not be in effect until an agreed change order is signed by the City. In lieu of a signed change order, the City shall not share or accept the burden of cost or expense for any item other than those items set forth in the bidding schedule. All costs incidental to the construction of the project are considered as included in the items for which payment is to be made.

SECTION 5. - CONTROL OF WORK The bidder's attention is directed to all of the provisions of Section 5 of the Standard Specifications for the requirements and conditions concerning the control of work. The Engineer shall be notified in writing at once should the Contractor find discrepancies in, or omissions from the plans and specifications, or be in doubt as to their meaning.

Other construction may be underway by other forces or by other Contractors within or adjacent to the project work area. Contractor shall cooperate with all other Contractors to avoid delays or hindrance to each others’ work. 5-1.07 - Lines and Grades - The Contractor shall be responsible for establishing the lines and grades required for completion of the work. 5-1.20 - Coordination with Other Entities - The Contractor shall co-operate with all other Contractors or forces working within or adjacent to project site.

5-1.36 - Property and Facility Preservation - The Contractor's attention is directed to this section. The Contractor shall preserve or replace in kind all fences, landscaping, trees, mail boxes, sign posts, sidewalks, etc., in the construction area unless otherwise noted in the plans or directed by the Engineer. The construction area including adjacent private property shall be restored to as good or better condition than found.

5-1.36E - Tree Protection - For the purpose of safeguarding trees during construction, demolition or tree removal, the following conditions shall apply to all trees other than trees for which removal permit has been issued:

(a) Prior to the commencement of construction, all trees on the work area shall be inventoried by the Contractor, Engineer, and City Forester to size, species, location and condition.


(b) Damage to any tree during construction shall be immediately reported by the

Contractor to the Engineer and the Contractor shall treat the tree for damage in the manner specified by the City Forester.

(c) Oil, gasoline, chemicals or other construction materials shall not be stored within

the dripline of any tree. (d) Drains shall be installed according to City Specifications so as to avoid harm to

trees due to excess watering. (e) Wires, signs and other similar items shall not be attached to trees. (f) Cutting and filling around the base of trees shall be done only after consultation

with the City Forester, and then only to the extent authorized by the City Forester. (g) No paint thinner, paint, plaster or other liquid or solid excess or waste

construction materials or wastewater shall be dumped on the ground or into any grate between the dripline and the base of the tree, or uphill from any tree where such substance might reach the roots through a leaching process.

(h) The Contractor shall be required to erect protective barricades around all trees on

public property and to trees adjacent to work sites as determined by the City Forester. These barricades must be in place prior to the start of any construction or demolition activities. Barricades shall be upright 2x4 planks standing a minimum of eight (8) feet vertically, conforming to the tree, tied with wire or rope forming a maximum of one (1) inch space between the planks. If the tree's configuration or site conditions do not lend themselves to the installation of this type barricade, the City Forester will designate alternate tree protection methods. Under certain conditions where soil compaction is probable, fences may also be required around a tree or grouping of trees.

(i) Wherever cuts are made in the ground near the roots of trees, appropriate

measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.

(j) Trimming cuts shall conform to arboricultural standards and shall be made along

the branch bark ridge. (k) Earth surfaces within the dripline of any tree shall not be changed or compacted

unless required by the construction specifications and only then in coordination with the City Forester. Keep all equipment and material and soil storage beyond the dripline of trees.

(l) Failure to protect or maintain trees on the construction sites is a violation of Municipal Code, Section #12.28.340. Violation of these special provisions may result in contract termination and a claim for damage. Full compensation for providing tree protection shall be included in the bid items.


SECTION 6. - CONTROL OF MATERIALS The bidder's attention is directed to all of the provisions of Section 6 of the Standard Specifications for the requirements and conditions concerning the Control of Materials. The City will furnish no materials unless specifically called for on the plans or specified in the specifications. Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation and shall be performed by a recognized testing firm. Testing for quality and acceptability of materials, including compaction tests shall be the responsibility of the Contractor and performed at his expense. Contractor’s testing firm shall have prior approval of the City. All tests not meeting the requirements will be retested with the written test result and report submitted to the Engineer. Field reports shall be provided to the Engineer during construction. A final report shall be submitted to the City for final acceptance. Compaction tests shall be performed for the subgrade in the pavement reconstruction areas, Class 2 aggregate base course, and asphalt concrete surface course.

6-3.06 - Guarantee - The work in this contract shall be guaranteed from defects in materials, workmanship, and installation for a period of one (1) year from the date of acceptance. The Contractor shall bear the cost of items proven defective

SECTION 7. - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC The provisions of Section 7, Legal Relations and Responsibility to the Public, of the Standard Specifications shall apply. 7-1.02K(6) - Occupational Safety and Health Standards - The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. 7-1.02R - Environmental Stewardship - Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes that apply to the project and any work performed pursuant to the contract. City Municipal Code Chapter 17.42 states, “No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.” Contractor shall employ erosion prevention and sediment control construction site management practices that result in the following outcomes:

A. No deposit or discharge of sediment from the construction area onto adjacent properties or into waterways and related natural resources in excess of those that occur through natural processes;


B. No deposit of mud, soil, sediment, concrete washout, trash, or other similar construction-related material onto public rights of way and private streets, and into the City’s storm water system and related natural resources, either by direct deposit, dropping, discharge, erosion, or tracking by construction vehicles, in excess of those that occur through natural processes. Any such discharge shall be cleaned-up at the end of the current work shift in which the deposit occurred, or at the end of the current workday, whichever comes first. As a part of complying with this requirement private streets and driveways and nearby public rights of way will be swept by the Contractor at the end of each work day, or more often if circumstances warrant it, and the sweepings properly disposed of to ensure that such materials from the construction site do not enter the City’s storm drainage system. C. No exposure of graded areas and stockpile areas to storm water run-on. Run-on shall be controlled by diversion structures such as dikes, secondary containment or covers. D. No runoff from graded areas or stockpile areas containing sediments. Runoff containing sediments shall be captured in secondary containment structures and either treated to remove sediments prior to discharge or infiltrated on-site. ; and E. From October 15 to April 15, soil stabilization of graded areas shall be in place in any portion of the site where construction activities have temporarily or permanently ceased.

F. No release of hazardous substances, such as oils, paints, thinners, fuels and other

chemicals. Best Management Practices (BMPs) for construction sites include, but are not limited to: spill prevention and control measures; solid waste containment; concrete waste management; proper vehicle and equipment cleaning, fueling, and maintenance; erosion control measures. Detailed procedures for each of these activities can be found in the California Storm Water Best Management Practice Handbooks (http://www.cabmphandbooks.org/construction.asp), the Caltrans Storm Water Quality Handbooks, BMP Guidance Series by Monterey Regional Storm Water Management Program, and the Erosion and Sediment Control, Field Manual by San Francisco Bay Regional Water Quality Control Board. Activities to be performed by Contractor from October 15 to April 15 include, but are not limited to:

A. Contractor shall maintain the temporary and permanent vegetation (if any), erosion and sediment control measures, and other protective measures in good and effective operating condition by performing routine inspections to determine condition and effectiveness, by restoration of destroyed vegetative cover, and by repair of erosion and sediment control measures and other protective measures.

B. Contractor shall inspect the following areas at least once every seven (7) calendar days and within 24 hours of the end of any storm that produces measurable rainfall at the site:


B.1. Disturbed areas of the construction site, B.2. Areas that have not been finally stabilized, B.3. Areas used for storage of materials exposed to precipitation, and B.4. Areas where vehicles exit the site

Where sites have been finally stabilized, such inspection shall be conducted at least once every month.

C. Areas noted above shall be inspected for evidence of, or the potential for, C.1. Erosion, or C.2. Sediments entering waterways or the drainage system, or C.3. Pollutants entering waterways or the drainage system.

Erosion and sediment control measures shall be observed to ensure that they are operating correctly. Discharge locations or points shall be inspected to ascertain whether erosion control measures are effective in preventing degradation of receiving water quality in violation of receiving water quality standards. Locations where vehicles exit the site shall be inspected for evidence of offsite sediment tracking.

D. Deficiencies observed during inspections shall be noted and rectified before the end

of the workday. 7-1.03 - Public Convenience - The Contractor's attention is called to the rules and

guidelines listed under this section of the Standard Specifications. It is important to keep good public relations with the local townspeople. The Contractor shall provide the City Representative with advance notice of his construction scheduling sufficient for public notification. The City Representative will assist the Contractor by providing notices to the local newspaper, and obtaining the cooperation of police and City staff. The Contractor shall be responsible to provide individual notices (hand-delivered) to the affected residences and businesses at least 7 days prior to construction.

The Contractor shall submit a traffic control plan for approval.

The Contractor shall provide for the necessary vehicular and pedestrian traffic control, barricades, or flagmen for street closures and/or the rerouting of traffic. The Public Works Department, Police Department and Fire Departments shall be contacted for detour changes prior to their implementation. The paving work portion of the project may be closed during construction. Access shall be provided to local residences during construction at the end of each work day and on weekends. The Contractor shall provide all signs, lights, barricades, flagmen, etc., required to adequately warn, guide and protect the traveling public. All signing shall meet the requirements of the California State “Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways.” Signing shall also meet the requirements of the City Vehicle Code, and the requirements of the Carmel Public Works Department. The City shall not share costs for traffic control, including signing of detour routes, and full compensation thereof shall be included in other bid items.


7-1.05 - Indemnification - The Contractor’s requirements regarding indemnification of

the City of Carmel shall conform to the provisions in Sections 7-1.05, “Indemnification”, set forth in the Standard Specifications.

7-1.06 - Insurance - The Contractor’s requirements regarding insurance shall conform to the provisions of Section 7-1.06,”Insurance” as set forth in the Standard Specifications.

7-1.06C - Workers’ Compensation and Employer’s Liability Insurance - The Contractor shall maintain adequate workers’ compensation insurance under the laws of the State of California, for all labor employed by the Contractor or by any subcontractor under them, who may come within the protection of such workers’ compensation laws for the State of California, and shall provide, where practicable, employees general liability insurance for the benefit of their employees and the employee of any subcontractor under them, not protected by such compensation laws, and proof of such insurance, satisfactory to the City shall be given by filing certificates of such insurance with the City, in form satisfactory to said City. If such insurance is underwritten by any agency other than the State Compensation Insurance Fund, such agency shall be a company authorized to do business in the State of California. 7-1.06D - Liability Insurance - The Contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect oneself and any subcontractor performing work covered by the Contractor’s contract from claims for property damages, which may arise because of the nature of the work or from operations under this contract, whether such operations be by oneself or by any subcontractor or anyone directly or indirectly employed by either of them. The submission by the Contractor of payrolls, or copies thereof, is not required. However, in accordance with the regulations of the Department of Labor, each Contractor, or subcontractor shall preserve his weekly payroll records for a period of three years from the date of completion of this contract. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative. 7-1.06D(2) - Liability Limits/Additional Insureds - Contractor’s liability insurance must provide liability limits of not less than $1,000,000 combined single limit for bodily injury and property damage for each accident arising from the operation of the Contractor and/or his subcontractors in the performance of the work provided for herein and $2,000,000 aggregate for products/completed operation. The public liability and property damage insurance shall also directly protect the subcontractors, and all insurance policies issued hereunder shall so state. The Contractor must provide an endorsement page naming the City of Carmel, its employees, officers or agents as additional insureds. 7-106E - Automobile Liability Insurance - Automobile liability insurance covering all vehicles used in the performance of the contract must provide liability limits of not less than $1,000,000 combined single limit for bodily injury and property damage for each accident or occurrence which may arise from the operations of the Contractor and/or his subcontractor in performing the work provided for herein.


SECTION 8. - PROSECUTION AND PROGRESS

The provisions of Section 8, Prosecution and Progress, of the Standard Specifications shall apply to the work to be done. 8-1.02 - Schedule - The Contractor shall submit to the City Representative a progress schedule prior to the start of construction. 8-1.04 - Start of Job Site Activities - The Contractor shall begin work on the date specified in the Notice to Proceed. The Contractor shall notify the City Representative and any applicable public agencies at least three working days prior to mobilization or beginning of work. Contractor’s working hours will be within the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No work will be permitted on weekends or holidays. Work outside these working hours shall have prior approval of the City Representative.

8-1.05 - Time - The work shall be completed within 150 calendar days from the date of the Notice to Proceed. 8-1.10 - Liquidated Damages - The Contractor shall pay to the City of Carmel the sum of Seven Hundred and Fifty dollars ($750) for each and every calendar day's delay in finishing the work, or portion of work, in excess of the number of calendar days prescribed, the sum of liquidated damages to be deducted from the amount due to the Contractor for work completed. 8-1.11 - Utility and Non-Highway Facilities - Known utilities and structures expected to be adjacent to or encountered in the work are not all shown on the plans attached hereto. The Contractor shall determine the exact location of all existing utilities before commencing work. The Contractor shall be required to notify the Underground Utility Location Service (800-642-2444) one week prior to start of construction. The Contractor is fully responsible for any and all damages which might be occasioned by his failure to exactly locate and preserve any and all underground utilities. Any delays to the Contractor's operations as a direct result of underground mains or facilities which were not indicated on the plans, or were located in a position substantially different from that indicated on the plans will not be considered as a right of way delay, and the Contractor shall not be entitled to any compensation for any such delay. The Contractor will be granted an extension of time equal to the number of working days lost as a result of any conflicts with underground utilities that were not shown on the plans or were in a position substantially different from that indicated on the plans. In the event the utility companies need to relocate, upgrade, or work on any of their facilities during the construction period, the Contractor will be granted an appropriate time extension for completion of the project.


SECTION 9. - PAYMENT 9-1.02 - Measurement - All work to be paid for at contract unit prices will be measured in accordance with units specified in the Bid Schedule. 9-1.03 - Payment Scope - The Contractor shall accept the compensation provided in the contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to perform the work shown on the plans and to construct a complete and usable facility.

City of Carmel by the Sea Bid Form Beach Restrooms Project Page 1 of 6


BID FORM

“BEACH RESTROOMS PROJECT”

Sealed bids will be received until 11:00 A.M. on March 26, 2014, at City Hall, located on the east side of Monte Verde Street between Ocean and Seventh Avenues, Carmel-by-the-Sea, California 93921. Sealed bids shall be submitted to the attention of the City Clerk.

All blanks shall be filled in and no bidder shall qualify its bid. The outside of the sealed

envelope shall be clearly marked:

Bid for Beach Restrooms Project

City of Carmel-by-the-Sea, California.

PROPOSAL

TO: City of Carmel-by-the-Sea Post Office Box CC Carmel-by-the-Sea, CA 93921

FROM (Name of Bidder)

Sir/Madam: The undersigned hereby proposes and agrees to furnish all labor, materials, equipment and services necessary to complete the Project as described in the Contract Documents for the Beach Restrooms Project. The Contract documents consist of the attached: Notice To Bidders; Bid Form Proposal; Special Provisions; the Agreement (Contract); Bidder’s Bond; Faithful Performance Bond; Material and Labor Bond; Technical Specifications; and Drawingss. As well as any Bid Addendum issued during the Bid Period.

ADDENDA

Bidder shall insert, in the blank lines below (or additional pages, if needed), each Addenda received by the Bidder, and incorporated herein by reference into this Bid. Bidder hereby acknowledges receipt of the following Addenda (number and date issued):

Addendum No. Date Issued

_____________ _____________

_____________ _____________


BID The undersigned has thoroughly read the Contract Documents for this contract, understands them and, agrees to do all required work for the total base bid price of:

No. Description Quantity Unit Total Extended Price

1 General Conditions and all Project work not specifically listed in items 2 & 3 below 1

Lump Sum $_____________________

2 All stone work per specification section 04 43 16 “Anchored Stone Veneer”

1 Lump Sum $______________________

3

All roofing work, including stone ballast and growth medium per specification section 07 55 56 “Fluid Applied Protected Membrane Roofing”

1 Lump Sum $_____________________

Total Base Bid Price (shown numerically) (sum of above) = $ ______________________

Total, Base Bid Price (written out)

The determination of the Project’s lowest responsive bidder will be made solely on a comparison of each bidder’s Total Base Bid Price as shown on this form. After determination of the lowest responsible bidder and prior to Award of Contract the City may, at their sole discretion, choose to apply any or all of the following Alternates and adjust the Awarded Contract value accordingly.

NOTE: ALL BIDDERS ARE REQUIRED TO BID ON ALL BELOW ALTERNATES.

No Deductive Alternate Description Unit Amount of Deduction

Alt. 1 Delete the drink fountain and all associated plumbing work. Concrete, stone and paving unchanged.

Lump Sum $_______________

Alt. 2 Delete all work required to construct the new waste and recycling area northeast of the existing path and stairs.

Lump Sum $_______________

Alt. 3 Provide 2” PVC in lieu of 2” copper water service piping. Lump Sum $_______________

BID SECURITY: Bidder shall attach Bid Security in the amount of ten percent (10%) of the Bid Amount. Accompanying this proposal is:

� cash � cashier's check � certified check � bidder's bond

for: ________________________________________ dollars ($____________________),

which is an amount equal to not less than ten percent (10%) of the amount actually bid. The undersigned declares under penalty of perjury that all above listed prices are bid in accordance with the prevailing hourly rate of the per diem wages for this locality (Area 2) pursuant to Labor Code Section 1773.2.

_______________________________________________ ________________________ (Signature) (Date)


WORK TO BE PERFORMED

Refer to all Contract Documents for the Beach Restrooms Project, including but not limited to, the Special Provisions, Technical Specifications and Plans.

TIME OF COMPLETION

Contractor further agrees to plan and prosecute the work with such diligence that said work and all of it, shall be completed as identified in the contract documents.

EXAMINATION OF SITE

The undersigned has personally examined the site for the Beach Restrooms Project and the area in which the work is to be done and has evaluated the proposed work and is familiar with the specifications and plans and the local conditions where the work is to be done.

CAREFUL PREPARATION

The undersigned has carefully checked all figures used in calculating the bid and understands that the City will not be responsible for any errors or omission on the part of the undersigned in making this bid. The undersigned hereby warrants and unconditionally guarantees these figures to be firm and constant for a minimum period of 60 calendar days.

LICENSING AND INSURANCE

The undersigned, if the successful bidder, agrees to obtain a City Business License and comply with Municipal Code and the terms of the attached Contract relating to Public Liability and Workers Compensation Insurance. The fee for such City License, which expires on June 30 of each year, can be obtained by telephoning the City Hall at (831) 620-2000.

BONDS

The undersigned SHALL provide a BID BOND of ten-percent (10%) of the BID or the undersigned SHALL substitute securities, certified check, cashier’s check, cash, or a corporate bond.

SUBCONTRACTORS

Each bidder shall list herein the name and place of business of each subcontractor, if any, who shall perform work or render services in or about the work which shall not be performed by the undersigned’s own force. The undersigned agrees that it shall employ no other subcontractors on the work without the written permission of the City and that all work not specifically listed herein shall be performed by its own force. Failure to complete this list may result in rejection of the bid.

The undersigned warrants and agrees that each subcontractor shall, if required by City ordinance or State law, obtain any required permits or licenses.

The successful bidder shall provide proof of valid insurance coverage for Workers’ Compensation Insurance, public liability and property insurance and all other required insurance coverage for each subcontractor as required by the State of California or the City of Carmel-by-the-Sea. Valid Certificates of Insurance guaranteeing that the issuing company shall provide, to the Named Additional Insured, ten (10) days’ prior written notification of cancellation of policies, proof of which must be placed on file with the City Clerk prior to commencement of work.


LIST OF SUBCONTRACTORS

Subcontracted Subcontractor Name Contractor Work Activity Address (City & State) License No.

Notes:

1. Provide additional sheets if required. (copies of this sheet are acceptable)

2. Bids will not be disqualified for omission of subcontractor's license on this sheet at time of bid, but all bidders are admonished the listed subcontractors must be properly licensed to practice in their areas of work, and proof of current licensing will be required of the successful bidder's listed subcontractors after the bid opening.


BIDDER

Bidder:

Name

Address

Authorized Representative:

Phone: Email:

Workers’ Compensation Carrier:

Name

Address

Liability Insurance Carrier:

Name

Address

Policy Number: Coverage Limit:

BIDDER’S STATEMENT OF RELEVANT EXPERIENCE

The undersigned submits herewith a list of construction projects similar to this project in which it participated as a prime or subcontractor.

Project Name

Location

Nature of Project

Client Contact Phone No.

Total Cost Percentage of Cost by Own Firm

Project Name

Location

Nature of Project




Project Name

Location

Nature of Project



CONTRACTOR’S LICENSE

The undersigned, as bidder, declares that its valid California Contractors’ license number is

__________________

and, that the license expiration date is _____________________________

and, that the representations made in this Bid are made under penalty of perjury. Signed this ________________ day of __________________________ ,2014.

________________________________________________ Name of Bidder (typed or printed)

________________________________________________ Signature of Bidder

________________________________________________ Title of Signer (typed or printed)

City of Carmel by the Sea Bidders’ Bond

Beach Restrooms Project P a g e 1 of 2

Bond No.

SAMPLE BIDDER’S BOND

For: City of Carmel-by-the-Sea

Monterey County, California

KNOW ALL MEN BY THESE PRESENTS,

THAT WE ______________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

AS PRINCIPAL, and

______________________________________________________________________________

______________________________________________________________________________

AS SURETY

are held and firmly bound unto the City of Carmel-by-the-Sea, hereinafter called the City, in the

penal sum of TEN PERCENT (10%) of the TOTAL AMOUNT OF THE BID of the Principal

above named, submitted by said principal to the City of Carmel-by-the-Sea, Monterey County,

California, for the work described below, for the payment of which sum in lawful money of the

United States, as well and truly to be made, we bind ourselves, our heirs, executors,

administrators and successors, jointly and severally, firmly to these presents. In no case shall the

liability of the surety hereunder exceed the sum of ten percent (10%) of the total amount of the

bid.

THE CONDITION OF THIS OBLIGATION IS SUCH:

That whereas the Principal has submitted the above-mentioned bid to the City of Carmel-

by-the-Sea for certain construction specifically described as follows, for which the bids are to be

opened at ___________________________________________________ California,

________________________________, for __________________________________________

(Insert date of bid opening)

______________________________________________________________________________

______________________________________________________________________________

(COPY HERE THE EXACT DESCRIPTION OF THE WORK INCLUDING LOCATION, AS

IT APPEARS ON THE PROPOSAL.)

City of Carmel by the Sea Bidders’ Bond

Beach Restrooms Project P a g e 2 of 2

NOW, THEREFORE, if the aforesaid principal is awarded the contract and, within the time and

manner required under the specifications, after the prescribed forms are presented to him for

signature, enters into a written contract in the prescribed form, in accordance with the bid, and

files the two bonds with the City of Carmel-by-the-Sea, one to guarantee Faithful Performance

and the other to guarantee payment for labor and materials, as required by law, then this

obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgement is recovered,

the surety shall pay all cost incurred by the Obligee in such suit, including a reasonable

attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this

______________ day of ___________________ A.D.

____________________________________

By: ________________________________

____________________________________

____________________________________

City of Carmel by the Sea Contract Beach Restrooms Project P a g e 1 of 5


SAMPLE CONTRACT

(Contract for project will be in substantially this form)

FOR THE

BEACH RESTROOMS PROJECT

THIS CONTRACT is made and entered into on the day of

______________, 2014, by and between the City of Carmel-by-the-Sea, Monterey County, State of California, hereinafter called City, _____________________________, hereinafter called “Contractor”.

WITNESSETH: That City and Contractor have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1. That for and in consideration of the covenants and agreements hereinafter contained on the part of City, and the sums of money hereinafter designated to be paid to Contractor by City in the manner and form as shown in the attached specifications, Contractor hereby covenants and agrees to and with City, to furnish all labor, tools, appliances, equipment, plant and transportation, and any and all other expenses necessary or incidental to the performance of certain work hereinafter specified and to complete the public work herein referred to for City, for the schedule and items awarded, all as more particularly and in detail set forth in those certain specifications filed in the office of the City Administrator, and identified by the signatures of the parties to this agreement. True copies of the contract documents together with all modifications incorporated in those documents before their execution, are hereunto annexed by and reference thereto incorporated herein and made a part hereof as though in this document fully set forth. The contract documents shall consist of this Contract, (5 pages); Notice to Bidders (2 pages), Bid Form Proposal (5 pages), Bid Sheets (2 pages), Sample Bidders Bond (2 pages), Specifications (10 pages).

2. Contract Price: Contractor agrees to receive and accept and City agrees to pay the proposal prices as full compensation for furnishing all materials and for doing all the work embraced and contemplated in this agreements and as set forth in the Contractors proposal submitted to the City of Carmel-by-the-Sea, on the ________________________ 2014, and the true copy thereof attached, and for all loss or damage arising out of the nature of said work, or from the action of the elements of from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the risk connected with the work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the said specifications and the requirements of the Building Official (City representative) under them, to wit: the Contract price of $_________________ as set forth in the Contractor’s Proposal of Bidder for the work awarded under this agreement.

Contractor further agrees to plan the work and to prosecute it with such diligence that said work and all of it, shall be completed as identified in the Contract Documents for the Beach Restrooms Project.

Upon completion, the Contractor shall present a Statement of Compliance, if applicable.

Attached thereto there shall be copies of payroll certification records indicating the prevailing hourly rate of per diem wages for this locality (Area 2) pursuant to Labor Code Section 1773.2.


Pursuant to SB222, City is required to withhold from any progress payments owed to a contractor any amount that has been forfeited as penalties, or as wages owed to employees who have not been paid the prevailing wage for work performed. This allows the intervention by the Division of Labor Standards Enforcement, which is headed by the State Labor Commission, in a contractor’s lawsuit for recovery of amounts withheld by an awarding body. All withheld wages and penalties will be transferred to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after completion of the public works contract and formal acceptance of the job by the awarding body. The Labor Commissioner is then permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld.

Certified payroll records must be on the forms provided by the Division of Labor or

contain the same information required on the Division’s form.

3. Payment. Contractor shall be paid for the work within thirty (30) days of satisfactory completion. Notice of Completion shall be given to City in writing. If any work is not satisfactorily completed, City shall have the right to withhold from the payment a sum equal to one and one-half times the estimated costs of satisfactorily completing the work. City shall have the right to use said sum to pay Contractor for satisfactorily completing the work, or upon refusal of Contractor to satisfactorily complete the work, to pay another contractor to do so. Any money remaining after satisfactory completion shall be paid to Contractor, less any sums owed City by Contractor. Contractor shall have the right to substitute securities for any monies withheld by City to ensure performance under this agreement pursuant to Government Code Section 4590.

4. The parties agree that this Contract shall be binding upon themselves, their heirs, executors, administrators, successors and assignees and hereby agree to the full performance of the covenants herein contained.

5. No interest in this Contract shall be transferred by Contractor to any other party, and any such transfer shall cause annulment of this Contract, so far as City is concerned. All rights of action, however, for any breach of this contract are reserved to City.

6. Supplies. Contractor shall keep harmless, indemnify and defend City, its officers and agents, on account of articles supplied by Contractor under this Contract, of which it is not patentee or which it is not entitled to use or sell.

7. Hold Harmless. Contractor agrees to hold harmless, indemnify and defend City, its elected officials, agents, officers, and employees thereof, including the Building Services Specialist (City’s representative), while acting within the scope of their duties from and against any and all liability, claims, damages and cost of defense arising out of Contractor’s performance of the work described herein including injuries and damages arising from negligence of City or others except for injuries and damages arising from sole negligence of City. Contractor will require any and all subcontractors to conform with the provisions of this clause and provide proof of all required insurance prior to commencing any work.

8. Warranties. Contractor agrees that it will warrant all work performed and

equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer’s warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after


acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City’s rights or any statute of limitations.

9. Independent Contractor. While engaged in carrying out the terms and conditions of this Agreement, Contractor is an independent contractor and not an officer, employee or agent of City. Contractor shall not at any time or in any manner represent that it or any of its agents or employees is in any manner, an agent or employee of City.

10. Contractor shall provide:

A. Compensation Insurance under the laws of the State of California, for all labor employed by it or by any subcontractor under it, who may come within the protection of such Workers’ Compensation laws of the State A. Workers’ Compensation

Insurance. Contractor shall maintain adequate Workers’ of California, and shall provide employers general liability insurance for the benefit of its employees and the employees of any subcontractor under it, not protected by such compensation laws, and proof of such insurance, satisfactory to City, shall be given by filing certificates of such insurance with City, in a form satisfactory to City. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. Contractor shall not commence work until certified proof of insurance has been provided to City.

B. Public Liability and Property Damage Insurance. Contractor shall take out and maintain during the life of this Contract such public liability and property damage insurance as shall protect it and any subcontractor performing work covered by this contract from claims for personal injury or property damages which may arise because of the nature of the work or from operations under this contract, whether such operations be by Contractor or by any subcontractor or anyone directly or indirectly employed by either of them. The Public Liability, Personal Injury and Property Damage Insurance shall also directly protect the City, its officers, agents and employees, as well as the Contractor and its subcontractors, and all insurance policies issued hereunder shall so state. The City of Carmel-by-the-Sea, its elected officials, officers, agents and employees shall be specifically named, by written endorsement to the Certificate of Insurance, as additional insured for this project under such insurance policy and Contractor shall provide City with a certificate of such insurance for the term of this contract. The amounts of such insurance shall be as follows: Combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in aggregate.

Said insurance shall be with a company acceptable to City and shall be primary over any other valid or collectible insurance City may have. The insurance carrier shall provide City with a certificate evincing the existence of the insurance and specifying compliance with these terms and the issuing company shall agree to provide City with thirty (30) days prior written notice of cancellation or non-renewal of the policy. Contractors liability insurance and automobile liability insurance covering all vehicles used in the performance of the Contract providing for public liability, personal injury and property damage insurance with limits of the not less than one million dollars ($1,000,000) combined single limit.


11. Safety. Contractor shall conform to the rules and regulations pertaining to

safety established by the California Division of Industrial Safety.

12. Liquidated Damages. In consideration of liquidated damages to City, occasioned by Contractor not completing the work within the time set for Contractors performance, City having to prepare termination notices, prepare specifications to complete the work, relet bids, and experience the general delay of not having the work completed in a timely fashion, the parties agree that it would be extremely difficult and impractical to fix actual damages and that Contractor agrees if the Contract is not completed within the time period specified in the Contract, it will pay to City the sum of seven hundred fifty dollars ($750.00) each and every calendar days delay in finishing the work in excess of the number of working days prescribed in the Contract, said sum of liquidated damages to be deducted from the amount due the Contractor for work completed.

13. Conflicts in Documents. This Contract and the contract documents are

intended to constitute one complete and consistent contract. Should any conflict exist, Contractor shall secure written instructions from Sharon Friedrichsen, Public Services Director (City Representative) before proceeding.

14. Protecting Trees. Contractor acknowledges that it is familiar with City’s policies for the protection of trees and agrees to take all reasonable precautions to protect trees not subject to trimming or removal from damage which might be caused during the work. (Refer to the Municipal Code of the City of Carmel-by-the-Sea, Chapter 12.28)

15. Inspection. City shall at all times have the right to inspect the work and materials. Contractor shall furnish all reasonable aid and assistance required by City for examination of the work and all parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

16. Conflict of Interest. Contractor covenants that neither it nor any person working for it or with it to provide the services called for by this Contract has any interest, nor shall any person acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that in the performance of this Contract, no person having such interest shall be employed by Contractor.

17. Nondiscrimination. Contractor agrees that in the performance of this Contract or any subagreement hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form. Contractor further agrees to comply with all laws with respect to employment when performing this Contract.

18. Suspension or Abandonment of Work. It is mutually agreed that City may suspend or abandon, in whole or in part, this Contract upon five (5) days written notice to Contractor, in which case City shall pay Contractor for services rendered and work completed at the time of such suspension.


19. Changes. Any changes or amendments to this Contract shall be written, consecutively numbered, change orders. City may, from time to time, amend or modify the scope of the work to be performed hereunder.

20. Disputes. Disputes and other matters in question between Contractor and City’s representative relating to this Contract shall be referred to the City Administrator or his duly authorized representative, who will render a decision within a reasonable period of time.

21. Claims. Claims for time extensions or cost increases from Contractor shall be considered valid only if Contractor notifies the City Representative of any such claim in writing within five (5) working days from the date of the circumstances allegedly justifying the claim, unless otherwise stated in the Contract specifications. The formal, written claim shall be submitted to the City representative within ten (10) working days of the notification date, or no later than fifteen (15) days from the date of the circumstances allegedly justifying the claim. The City representative may negotiate the claim with Contractor and render a decision in writing. Claims not resolved by the City representative may be appealed to the City Administrator. An appeal to the City Administrator shall be submitted, in writing, within five (5) working days from Contractor’s receipt of written notice from the City representative that the claim has been rejected. The City Administrator’s decision shall be final. Acceptance of a final contract payment by Contractor shall constitute a waiver of any further claims by it, except those previously made in writing and identified by Contractor as unsettled at the time of application for payment.

22. Notice. Any notice or notices required or permitted to be given pursuant to this Contract may be personally served on the other party giving such notice or may be served by Certified Mail, Return Receipt Requested, to the following addresses:

City Contractor

Daryl Betancur, City Clerk City of Carmel-by-the-Sea Post Office Box CC Carmel-by-the-Sea, CA 93921

23. Contractor’s License. Contractor warrants and declares that its California

Contractor’s license number ______________ is valid, and that its expiration date is _________________.

24. Business License. The Contractor’s Carmel-by-the-Sea business license number is _______________; with an expiration date of _________________________.

25. Attorneys Fees. If either party hereto should bring any suit against the other party hereto (formal judicial proceeding, mediation or arbitration), for the breach of any term, covenant, condition or obligation herein contained to be kept, by such other party, for the recovery of any sum due hereunder, or to recover possession of the premises, or for any summary action for forfeiture of the Lease or to prevent further violations of any of the terms, covenants, conditions or obligation, or for any other relief then, and in that event, the case shall be handled in Monterey County, California, and the prevailing part in such suit or summary action shall be entitled to a reasonable attorneys fee to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.


Dated: __________________, 2014 CONTRACTOR

By: (Typed or Printed Name) (Signature) (Title)

Recommended By:

City of Carmel-by-the-Sea Dept. Manager Dated: _____________________, 2014 CITY OF CARMEL-BY-THE-SEA,

a Municipal Corporation, ATTEST: By: Daryl Betancur, City Clerk Jason Stilwell, City Administrator

City of Carmel by the Sea Faithful Performance Bond Beach Restrooms Project P a g e 1 of 2

Bond No. Premium:

SAMPLE FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That, WHEREAS, the City Council of the City of Carmel-by-the-Sea, Monterey County, State of California, by Order of Council passed ____________________________________________________ as awarded to _______________________________________ hereinafter designated as the Principal, a contract for constructing improvements for said City, and WHEREAS, said Principal is required under the terms of said contract to furnish a Bond for Faithful Performance of said contract; NOW, THEREFORE, We, the Principal and _________ are surety, as held and firmly bound unto the City of Carmel-by-the-Sea, California, in the penal sum of ________________________________________________ lawful money of the United States, being not less than one hundred percent (100%) of the estimated contract cost, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden 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 faithfully 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 the City of Carmel-by-the-Sea, 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 virtue. As a condition precedent to the satisfactory completion of the said contract, the above obligation to the amount of Dollars ($ ) being not less than ten percent (10%) of the estimated contract cost, shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repair and replacements or totally protects the said City of Carmel-by-the-Sea from loss or damage made evident during said period of (1) one year from the date of acceptance of said works, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the said sum of ______________________________Dollars ($ ), shall remain in full force and virtue, otherwise the above obligation shall be void.

City of Carmel by the Sea Faithful Performance Bond Beach Restrooms Project P a g e 2 of 2

And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the contract or to the work or to the specifications. IN WITNESS WHEREOF the above bounden parties have executed this instrument under their seals this _____________ day of _____________, the name and corporate seal of each corporate party being hereto affixed and presents duly signed by its undersigned representatives, pursuant to authority of its governing body.

_____________________________ _____________________________ (SEAL) _____________________________ _____________________________ Principal By: __________________________ _____________________________ _____________________________ _____________________________ Surety By: __________________________ STATE OF CALIFORNIA

On this _____________________ day of _____________________, before me

_________________, a notary public in and for the State of California, personally appeared

_________________ known to be the person whose name is subscribed to the within instrument

as the Attorney in Fact of _______________________ ______________________ and

acknowledged to me that he subscribed the name of _______________ thereto as surety, and his

own name as Attorney in Fact.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the

day and year in this certificate first above written.

______________________________________________ Notary Public in and for said State of California

City of Carmel by the Sea Material and Labor Bond Beach Restrooms Project P a g e 1 of 2

Bond No. Premium:

SAMPLE MATERIAL AND LABOR BOND

PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS: That we ________________________________________________________________ ___________________________as surety, and _______________________________________ ___________________________as Principal, are held and firmly bound unto the CITY OF CARMEL-BY-THE-SEA, in the sum of _____________________ ($________ ), said sum being one hundred percent (100%) of the estimated amount of the foregoing and annexed contract, to be paid to said City, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly and by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH: That if the above bounden Principal, as Contractor in the annexed contract or his subcontractors, shall 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 shall fail to pay any person, company or corporation renting implements or machinery for or contributing to said work to be done, or any person who has performed work or labor upon the amounts due under the Employment Insurance Act with respect to such work or labor, the surety will pay for the same, in an amount not exceeding the above obligation, and also, in case suit is brought upon such bond, the above bounden Principal and the said surety will pay a reasonable attorney’s fee to be fixed by the court. This obligation and bond shall inure to the benefit of any and all persons entitled to serve a notice under Section 3181 of the Civil Code and said persons or any of them, or their assigns shall have right of action thereunder.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this __________ day of ____________________, 2014. BY__________________________ (Seal)

Principal _____________________________ (Seal)

Surety BY__________________________ Attorney in Fact

City of Carmel by the Sea Material and Labor Bond Beach Restrooms Project P a g e 2 of 2

STATE OF CALIFORNIA On this day of , 2014, before me ____________, a

notary public in and for the State of California, personally appeared _____________________

known to be the person whose name is subscribed to the within instrument as the Attorney in

Fact of _____________________________________________________________________

and acknowledged to me that he subscribed the name of ______________________________

__________________________________________________________ thereto as surety, and

his own name as Attorney in Fact.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my official

seal the day and year in this certificate first above written.

_______________________________________ Notary Public in and for said State of California

A) City of Carmel Beach Restrooms_Project Manual-Part 1 March 2014

Documents

Transcript of A) City of Carmel Beach Restrooms_Project Manual-Part 1 March 2014