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HomeMy WebLinkAboutHA39210 Repairs-Resurfacing Pools-Spas at Candlewood and One Quail Place Apartment 832-19Contract No. HA39210 MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT PALM DESERT HOUSING AUTHORITY HOUSING DEPARTMENT February 27, 2020 Emily Roethler, Project Manager Authorize the award of a negotiated contract with Ojeda Pool and Spa, Contract No. HA39210, for repairs and resurfacing of four (4) existing pools and spas, located at the Palm Desert Housing Authority properties known as Candlewood Apartments and One Quail Place Apartments, in the amount of $326,060.17 (Project No. 832-19). By Minute Motion, that the Authority Board, 1. Award a negotiated contract to Ojeda Pool and Spa, in the amount of $326,060.17 Contract No. HA39210, for repairs and resurfacing of four (4) existing pools and spas located at the Palm Desert Housing Authority ("Authority") properties known as Candlewood Apartments and One Quail Place Apartments pursuant to Section 3.30.100(G) of the Palm Desert Municipal Code (PDMC); and 2. Authorize the Director of Finance to set aside 20% contingency for unforeseen conditions in the amount of $65,213; and 3. Authorize the Executive Director or designee to review and approve written requests for the use of the contingency up to $65,213; and 4. Authorize the Authority's legal counsel to finalize a contract with Ojeda Pool and Spa; and 5. Authorize the Chairman or Executive Director or designee to execute the negotiated contract and any documents necessary to facilitate the contract award. Monies are available in the FY 2019/2020 Authority's Capital Replacement Budget. Contract No. HA39210 February 27, 2020 - Staff Report Award of Negotiated Contract for Candlewood and One Quail Place Pool Renovations Page 2 of 3 Committee/Commission Recommendation The Housing Commission reviewed and unanimously approved this recommendation at its regular meeting of February 5, 2020. Strategic Plan This request does not apply to a specific strategic plan goal. Background Analysis Staff identified four (4) existing pools and spas in need of repair and resurfacing at the Authority owned properties, Candlewood Apartments and One Quail Place Apartments. The project is subject to prevailing wage. In accordance with the formal bidding procedures in Section 3.30.100 of the PDMC, a Notice Inviting Bids for the project was duly advertised by the City Clerk. In addition, staff posted the bid and contract documents on the online portal, PlanetBids, for registered vendors to view and/or download. The Authority was to receive bids in the offices of the City Clerk on October 16, 2019, however, no bids were received. Pursuant to the provisions set forth in the PDMC Section 3.30.100(G), if no bids are received, the Authority Board may authorize the project to be done in any manner that the Authority Board may direct without further complying with Chapter 3.30. Following discussions with legal counsel, staff contacted six (6) contractors to solicit price quotes for the project. Four quotes were received that were based on the original scope of work that ranged from approximately $400,000 to slightly over $1,000,000. Understanding that the quotes were much higher than expected, staff contacted the vendor that provided the lowest quote, Ojeda Pool and Spa (La Quinta), and negotiated a price of $326,060.17 by requesting some additional cost savings options. Considering the length of time for these processes, time is now of the essence to ensure compliance with the Riverside County Health Department. Therefore, staff recommends awarding the negotiated contract with Ojeda Pool and Spa to complete the necessary repair and resurfacing of all four (4) pool areas in the amount of $326,060.17 and taking the related recommended actions. Contract No. HA39210 February 27, 2020 Meeting - Staff Report Housing Authority — Authorization to Negotiate with Ojeda Pool and Spa for Candlewood and One Quail Place Apartments Pool Renovation Page 3 of 3 Fiscal Analysis The fiscal impact is the cost of the contract itself in the amount of $326,060.17 plus 20% contingency in the amount of $65,213 (for unforeseen conditions) which will be paid from the FY 2019/2020 Authority's Capital Replacement budget. LEGAL REVIEW DEPT. Approved as to Form REVIEW Robert W. Hargves City Attorney CITY MANAGER DEPT. REVIEW FINANCIAL ASSISTANT REVIEW/ CITY MANAGER AA om Ga cia, P. E. Ryan Stendell-fir Ja t1M. Moore Andy Fir Director of Public Director of Community Di c_or of City Man Works Development Fin r'Ge Lauri Aylaian, City Manager CONTRACTOR: Ojeda Pool and Spa 52815 Avenida Martinez La Quinta, California 92253 ATTACHMENTS: 1) Proposal 2) Agreement 3) Vicinity Map BY HOUSG A.Um 5 -0 c VERIFIED BY:.1 1 onfile with City Clerk's Mc Pk\1 S 140nik,, �riaPna-n, Klikk(6626 diAksdatriL Contract No. HA39210 CONTRACTOR'S PROPOSAL COMMUNITY POOL IMPROVEMENTS LOCATED AT CANDLEWOOD AND ONE QUAIL PLACE APARTMENTS PROJECT NO. 832-19 CONTRACT NO. HA39210 TO: PALM DESERT HOUSING AUTHORITY, "AUTHORITY" DATE: PROPOSER: Eduardo Ojeda DBA Ojeda Pool & Spa "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, COMMUNITY POOL IMPROVEMENTS LOCATED AT CANDLEWOOD AND ONE QUAIL PLACE APARTMENTS hereby proposes to construct the work in accordance with the Contract Documents for the amount stated in this Proposal. By submitting this Proposal, the Contractor agrees with the City: 1. This Proposer constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Proposals and to waive any irregularities or informalities contained in a Proposal. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Proposer's financial standing experience and to perform the work. 5. CONTRACTOR will execute the SHORT FORM CONSTRUCTION CONTRACT and deliver the required bonds and certificates of insurance within 10 days after notice of award. Failure to execute and provide these documents, may result in Contract re -advertisement. 6. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. Contract No. HA39210 1 2 3 4 Candlewood Pool Improvements One Quail Place — Pool No. 1 Improvements One Quail Place — Pool No. 2 Improvements One Quail Place — Pool No. 3 Improvements LS $ 84,591.21 $84,591.21 1 LS $85,631.36 $85,631.36 1 LS $80,028.41 $ 80,028.41 1 LS $ 75,809.191 $75,809.19 1 TOTAL PROPOSAL PRICE $ 326.060.17 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE PROPOSAL IN FIGURES $ 326,060.17 TOTAL AMOUNT BASE PROPOSAL IN WORDS Three hundred twenty six thousand sixty dollars and seventeen cents. IN WITNESS WHEREOF CONTRACTOR executed this Proposer as of date set forth on Page C-1: By: :� k)1 .9,'`J1) 0:114 1 Signature (mustbe notarized) Title: 1ivti �L.U' Contract No. HA39210 A notary public or other officer completing this certificate 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 II/16( I On -f"tt9 20 , 20 before me, IGUTA L . 4rnande2 4.J grti al) c 4. personally appeared ir�i�c, r yin �i�cia., r who proved to me on the basis of satisfactory evidence to be the person(t.) whose name we subscribed to the within instrument and acknowledged to me tha #4434ey executed the same iri /F4er/ authorized capacity(), and that byfiis/ signatures(pt) on the instrument the person0), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ?V/ Signature of No Public DA H NotaryIANAP E.blic • CalitorERNANDEZniz Riverside County Commission # 2160446 MY Comm. Expires Jul 26, 2020 Contract No. HA39210 INFORMATION REQUIRED OF PROPOSER TO ACCOMPANY PROPOSAL The proposer is required to supply the following information. Additional sheets may be attached if necessary. Additional information may be required of the successful proposer. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Company Name Oieda Pool & Spa Address 52815 Avenida Martinez La Quinta Ca 92253 Telephone No. 760-404-9390 Type of Firm (Individual, Partnership or Corporation) Individual Corporation organized under the laws of the State of California Contractor's License No. 859702 Exp. Date 05/31/2021 Department of Industrial Relations Contractor Registration number: 1000063360 Email Address of Contractor's DIR Contact DIR Classifications Pool and Landcarinjw Have you or any of your sub -contractors been debarred: Yes [-I No If yes, provide additional information on a separate sheet. List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (Use separate sheet if necessary.) Eduardo Ojeda vanivantc'Doieda000ls.com 52815 Avenida Martinez LQ Ca 92253 (12) List at least three similar projects (on -going or recently completed): Contract Amount 1 •$325,000.00 2. $46,000.00 3. $110,000.00 Class of Work New pool & Re model Pool & Landscaping Remodel HOA Pool 2 pool Pool Remodel Landscaping Hadscaping Date Completed 2/02/2020 12/24/2019 1/16/2020 Name, Address & Telephone No. of Owner David Rose 34750 Washington St Palm Desert Ca 310-941-149211 New Mesquite HOA Attn: John Schuknecht, CMCA Phone: (760)325-9500 Lee Erwin 760-774-7119 Cell Contract No. HA39210 (13) Pursuant to California Public Contracting Code, Section 4100 et Seq., the following list gives the name, business address, the DIR Public Works Contractor Registration number, portion of work (description of work to be done) for each subcontractor that will be used in the work if the proposer is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The Proposer shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's proposal. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Proposer shall list each subcontractor who will perform work or labor or render service to the Proposer in or about the work in an amount in excess of one-half of one percent or $10,000, whichever is greater. Failure to include the subcontractor's DIR registration number may result in the proposal being rejected as non -responsive. Subcontractor's Name: GARDNER POOL COMPANY, INC License Number: 896061 DIR Contractor Registration No. 1000026042 Business Address: 45-900 Commerce St, #B3 Telephone: 760-342-9756 DIR email address: erikg@gardnerremode.com Classifications: Work Description: Plaster Percent of Work: 10% Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: (14) List the name of the person from your firm who inspected the site of the proposed work: Eduardo Ojeda, Vanjuan Vladimirov, Sergio Rodriguez Contract No. HA39210 (15) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. (16) Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: (r duoo <. 1 Contractor's Signature Title: 0 `i) e� Contract No. HA39210 PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and subcontractors that wish to proposal on, be listed in a proposal proposer or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works.html for additional information. No proposal will be accepted nor anv contract entered into without proof of the Contractor's and Subcontractor's current registration with the Department of Industrial Relations to perform public work. Proposer hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. NAME OF PROPOSER Eduardo Ojeda DBA Ojeda Pool & Spa DIR REGISTRATION NUMBER: 1000063360 DIR REGISTRATION NUMBER EXPIRATION DATE: 6/30/2020 DI R CERTIFIED PAYROLL EMAIL ADDRESS: vanivanAoiedapools.com Proposer further acknowledges: 1. Proposer shall maintain a current DIR registration for the duration of the project. 2. Proposer shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with any and all subcontractors and ensure that all subcontractors are registered at the time of the proposal opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in the proposal being deemed non -responsive. 4. Within five days of award, Contractor will provide to the City all Labor Classifications that will be employed during the project, sorted by Contractor or subcontractor. Name of Firm: Ojeda Pool & Spa Signature: da,u-10 Ff Printed Name: Title: RA) VA,/ Dated: 2- 2O - 20 Contract No. HA39210 NONCOLLUSION DECLARATION To be Executed by Proposer and Submitted with Proposal The undersigned declares: I am the owner of Ojeda Pool & Spa , the party making the foregoing proposal. The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposer is genuine and not collusive or sham. The proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal. The proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from proposing. The proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. All statements contained in the proposal are true. The proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the proposer. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the day of 20 , at City State CONTRACTOR By: ()I l►J� �J !i 0)6JV Signature r Title: t` �v V\� Contract No. HA39210 EXHIBIT "D" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. OJEDA POOL AND SPA By: d Signature �I U3 Name (Print) 0 Title (Print) Contract No. HA39210 AUTHORITY OF PALM DESERT SHORT FORM CONSTRUCTION CONTRACT COMMUNITY POOL IMPROVEMENTS LOCATED AT CANDLEWOOD AND ONE QUAIL PLACE APARTMENTS Contract No. HA39210 1. PARTIES AND DATE. This Contract is made and entered into this 27th day of February, 2020 by and between t he Palm Desert Housing Authority, organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California ("Authority") and Ojeda Pool and Spa, a Sole Proprietorship, with its principal place of business at 52815 Avenida Martinez; La Quinta, CA 92253 ("Contractor"). Authority and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS. 2.1 Authority. Authority is organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Authority on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing related construction services as defined in Exhibit "A" to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Authority. The following license classifications are required for this Project: C53, 2.3 Project. Authority desires to engage Contractor to render such services for the Community Pool Improvements Located at Candlewood and One Quail Place Apartments ("Project") as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Payment Bond, Performance Bond, Insurance Certificate(s) as required by the Contract. 3. TERMS 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: • Services/Schedule (Exhibit "A") • Plans and Specifications (Exhibit "B") • Special Conditions (Exhibit "C") • Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") • Payment and Performance Bonds (Exhibit "F") 1 Revised 10-29-19 Contract No. HA39210 • Addenda • Change Orders executed by the Authority • 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9 • Notice Inviting Bids, if any • Instructions to Bidders, if any • Contractor's Bid 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the 'Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Authority ("Change Order"). 3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the Authority. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the Authority for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By Authority. Authority may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven 2 Revised 10-29-19 Contract No. HA39210 (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor's right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 3.2.2 SubstitutionsP'Or Equal". Pursuant to Public Contract Code section 3400(b), the Authority may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Authority may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The Authority has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and Iifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Authority in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the Authority's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3 Revised 10-29-19 Contract No. HA39210 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 70 Calendar days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Authority. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Authority will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Authority as fixed and liquidated damages the sum Five Hundred Dollar ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a Authority Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the Authority to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Authority, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates: Contractual Relationship. Authority retains Contractor on an independent contractor basis and Contractor is not an employee of Authority. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.6 Authority's Basic Obligation. Authority agrees to engage and does hereby engage Contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Authority shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below -referenced compensation in accordance with compensation provisions set forth in the Contract. 4 Revised 10-29-19 Contract No. HA39210 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Authority agrees to pay Contractor the Total Contract Price of Three Hundred Twenty -Six Thousand Sixty -One Dollars ($326,060.17) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written Change Orders approved and signed in advance by the Authority. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Authority will arrange for payment of the Total Contract Price upon completion and approval by Authority of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Authority will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Authority an itemized application for payment in the format supplied by the Authority indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Authority may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Authority and in such detail and form as the Authority shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. Contractor shall submit its final invoice to Authority within thirty (30) days from the last date of the Work or termination in accordance with this Contract and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. 3.7.3 Prompt Payment. Authority shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.7.4 Contract Retentions. From each approved progress estimate, 5% will be deducted and retained by the Authority, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code section 7107. 3.7.5 Other Retentions. In addition to Contract retentions, the Authority may deduct from each progress payment an amount necessary to protect Authority from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Authority in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the Contract Time; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Authority during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Authority, incurred by the Authority for which Contractor is liable under the Contract; and (11) any other sums which the Authority is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Authority to 5 Revised 10-29-19 Contract No. HA39210 deduct any of these sums from a progress payment shall not constitute a waiver of the Authority's right to such sums. 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code section 22300, the Authority will permit the substitution of securities for any monies withheld by the Authority to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Authority, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Authority shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the Authority has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Authority. 3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Authority at the time of payment. To the extent that title has not previously been vested in the Authority by reason of payments, full title shall pass to the Authority at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Authority, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.9 Labor and Material Releases. Contractor shall furnish Authority with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Authority. 3.8 Labor 3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more for a public works project or $15,000 or more for a maintenance project, Contractor agrees to fully comply with such Prevailing Wage Laws. Authority shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties 6 Revised 10-29-19 Contract No. HA39210 upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the Authority, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Authority, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without 7 Revised 10-29-19 Contract No. HA39210 proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Authority. Contractor shall defend, indemnify and hold the Authority, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.9 Performance of Work; Jobsite Obligations. 3.9.1 Water Quality Management and Compliance. 3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. 3.9.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit'). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site. 8 Revised 10-29-19 Contract No. HA39210 3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage Authority, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. 3.9.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Authority and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, Authority may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit. 3.9.1.6 Reservation of Right to Defend. Authority reserves the right to defend any enforcement action brought against the Authority for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Authority for the costs (including the Authority's attorney's fees) associated with, any settlement reached between the Authority and the relevant enforcement entity. 3.9.1.7 Training. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Authority, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, Authority will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 9 Reused 10-29-19 Contract No. HA39210 3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Authority in writing. Any necessary changes shall be made by written Change Order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Authority, Contractor shall be solely responsible for all costs arising therefrom. Authority is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. 3.9.4 Permits and Licenses. Contractor shall be responsible for securing Authority permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any Authority permits, Contractor shall pay the Authority's business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Authority's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Authority of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Authority; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Authority shall promptly investigate the conditions to determine whether a Change Order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Authority shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Authority to provide for removal or relocation of such utility facilities. 10 Revised 10-29-19 Contract No. HA39210 3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify Authority against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract. 3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances —time or money —will be allowed as to such matters. 3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Authority immediately and prior to performing any work or altering the condition. 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Authority in writing and shall furnish all labor and material releases required by this Contract. Authority shall thereupon inspect the Work. If the Work is not acceptable to the Authority, the Authority shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re -inspection by the Authority. Once the Work is acceptable to Authority, Authority shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Authority may be authorized or directed by law to retain. 3.11 Claims: Government Code Claim Compliance. 3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the Authority and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the Authority within three (3) days after commencement of the disputed work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law. 3.11.1.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non- 11 Revised 10-29-19 Contract No. HA39210 binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes. 3.11.1.2 Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor for: (A) An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the Authority; (B) Payment by the Authority of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (C) An amount the payment of which is disputed by the Authority. A "Claim" does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. 3.11.1.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Authority and shall include on its first page the following words in 16 point capital font: "THIS IS A CLAIM." The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. 3.11.1.4 Supporting Documentation: The Contractor shall submit all claims in the following format: (A) Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made (B) List of documents relating to claim: (1) Specifications (2) Drawings (3) Clarifications (Requests for Information) 12 Revised 10-29-19 Contract No. HA39210 (4) Schedules (5) Other (C) Chronology of events and correspondence (D) Narrative analysis of claim merit (E) Analysis of Claim cost, including calculations and supporting documents (F) Time impact analysis in CPM format 3.11.1.5 Authority's Response. Upon receipt of a Claim pursuant to this Section, the Authority shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the Authority issues its written statement. (A) If the Authority needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the Authority's governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the Authority shall have up to three (3) days following the next duly publicly noticed meeting of the Authority's governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (B) Within 30 days of receipt of a Claim, the Authority may request in writing additional documentation supporting the Claim or relating to defenses or Claims the Authority may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the Authority and the Contractor. The Authority's written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.11.1.6 Meet and Confer. If the Contractor disputes the Authority's written response, or the Authority fails to respond within the time prescribed, the Contractor may so notify the Authority, in writing, either within 15 days of receipt of the Authority's response or within 15 days of the Authority's failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Authority shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.11.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the Authority shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an 13 Revised 10-29-19 Contract No. HA39210 undisputed portion of the Claim shall be processed and made within 60 days after the Authority issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Authority and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. (A) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (B) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (C) Unless otherwise agreed to by the Authority and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (D) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. 3.11.1.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. 3.11.1.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: (A) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (B) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 14 Revised 10-29-19 Contract No. HA39210 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. 3.11.1.10 Government Code Claim Procedures. (A) This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. (B) In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Authority. (C) Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the Authority. (D) A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. 3.11.1.11 Non -Waiver. The Authority's failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section. 3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Authority. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Authority may terminate this Contract pursuant to the termination provisions provided herein; provided, however, that the Authority needs to provide Contractor with only one (1) day advanced written notice. 15 Revised 10-29-19 Contract No. HA39210 3.13 Indemnification. 3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Authority, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the Authority. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Authority or the Authority's agents, servants, or independent contractors who are directly responsible to the Authority, or for defects in design furnished by those persons. 3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Authority's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against Authority or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Authority or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Authority for the cost of any settlement paid by Authority or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Authority's attorney's fees and costs, including expert witness fees. Contractor shall reimburse Authority and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the Contractor, Authority, its officials, employees, agents and authorized volunteers. 3.14 Insurance. 3.14.1 Minimum Requirements. Without limiting Contractor's indemnification of the Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to the Authority. 3.14.1.1 General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 16 Reased 10-29-19 Contract No. HA39210 3.14.1.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3.14.1.3 Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: (A) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (B) Pay on behalf of wording as opposed to reimbursement; (C) Concurrency of effective dates with primary policies; (D) Policies shall "follow form" to the underlying primary policies; and (E) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.14.1.4 Workers' Compensation Insurance. Contractor may maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, its officers, agents, employees and volunteers. 3.14.2 Other Provisions or Requirements 3.14.2.1 Proof of Insurance. Contractor shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by Authority's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.14.2.2 Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to 17 Revised 10-29-19 Contract No. HA39210 property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The Authority and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3.14.2.3 Primarv/Non-Contributing,. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Authority before the Authority's own insurance or self-insurance shall be called upon to protect it as a named insured. 3.14.2.4 Products/Completed Operations Coverage. Products/ completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Authority, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. 3.14.2.5 Authority's Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, Authority has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Contractor, or Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Authority may cancel this Contract. 3.14.2.6 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Authority's Risk Manager. 3.14.2.7 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Authority, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Authority, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.14.2.8 Enforcement of Contract Provisions (non -estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 18 Rev;sed 10-29-19 Contract No. HA39210 3.14.2.9 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Authority requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority. 3.14.2.10 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 3.14.2.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the Authority and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO's Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 3.14.2.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Authority and approved of in writing. 3.14.2.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 3.14.2.14 Pass Through Clause. Contractor agrees to ensure that its sub -consultants, sub -contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to Authority for review. 3.14.2.15 Authority's Right to Revise Requirements. The Authority or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor's compensation. If the Authority reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 19 Revised 10-29-19 Contract No. HA39210 3.14.2.16 Self -Insured Retentions. Any self -insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority. 3.14.2.17 Timely Notice of Claims. Contractor shall give Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 3.14.2.18 Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 3.15 Bond Requirements. 3.15.1 Payment Bond. If required by law or otherwise specifically requested by Authority in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Contract a Payment Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.2 Performance Bond. If specifically requested by Authority in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to Authority concurrently with this Contract a Performance Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.3 Bond Provisions. Should, in Authority's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Authority. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Authority, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Authority. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Authority, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Authority. If Contractor fails to furnish any required bond, the Authority may terminate the Contract for cause. 3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Authority. 3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any 20 Revised 10-29-19 Contract No. HA39210 non -conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Authority of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Authority may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Authority, the Authority shall have the right to correct and replace any defective or non -conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses incurred hereunder upon demand. 3.17 Employee/Labor Certifications. 3.17.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub -subcontractors to comply with the same. 21 Revised 10-29-19 Contract No. HA39210 3.18 General Provisions. 3.18.1 Authority's Representative. The Authority hereby designates the Lauri Aylaian, or his or her designee, to act as its representative for the performance of this Contract ("Authority's Representative"). Authority's Representative shall have the power to act on behalf of the Authority for all purposes under this Contract except for increasing the Total Contract Price. Contractor shall not accept direction or orders from any person other than the Authority's Representative or his or her designee. 3.18.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Authority ("'Contractor's Representative"). Following approval by the Authority, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Authority, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Authority, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the Authority's written approval. 3.18.3 Termination. This Contract may be terminated by Authority at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Authority for any reason other than the fault of Contractor, Authority shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Authority may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Authority's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. If this Contract is terminated as provided, Authority may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Authority, the matter shall be referred to Authority's Representative, whose decision shall be binding upon Contractor. 3.18.5 Anti -Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from 22 Revised 10-29-19 Contract No. HA39210 purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Authority tender final payment to Contractor, without further acknowledgment by the Parties. 3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACTOR: AUTHORITY: OJEDA POOL AND SPA 52815 AVENIDA MARTINEZ LA QU I NTA, CA 92253 ATTN: EDUARDO OJEDA HOUSING AUTHORITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 ATTN: LAURI AYLAIAN, EXECUTIVE DIRECTOR Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18.7 Time of Essence. Time is of the essence in the performance of this Contract. 3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Authority. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Authority may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 23 Revised 10-29.19 Contract No. HA39210 3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Authority shall have the right to terminate this Contract without liability. 3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Authority shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of Authority, during the term of his or her service with Authority, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.18.15 Certification of License. 3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. 3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. 3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.18.18 Non -Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.18.19 Authority's Right to Employ Other Contractors. Authority reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page] 24 Revtised 10-29-19 Contract No. HA39210 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT BETWEEN THE HOUSING AUTHORITY OF PALM DESERT AND OJEDA POOL AND SPA IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 27th day of February, 2020. HOUSING AUTHORITY OF PALM DESERT OJEDA POOL AND SPA, SOLE PROPRIETORSHIP By: GINA NESTANDE CHAIRMAN ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP Authority Attorney By: Its: Printed Name: Contractor's License Number and Classification DIR Registration Number (if applicable) 25 Revised 10-29-19 Contract No. HA39210 Notary Acknowledgment A notary public or other officer completing this certificate 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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaAuthority(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 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 document and could prevent fraudulent removal and reattachment of this form to another document. CAPAAUTHORITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above 26 Revised 10-29-19 Contract No. HA39210 Notary Acknowledgment A notary public or other officer completing this certificate 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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaAuthority(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 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 document and could prevent fraudulent removal and reattachment of this form to another document. CAPAAUTHORITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) Title or Type of Document ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above 27 Revised 10-29-19 Contract No. HA39210 EXHIBIT "A" SERVICES / SCHEDULE Scope of Work: a. Furnish all labor, material, equipment, transportation, and any necessary incidentals to repair and resurface the existing pool decks required for the improvements to be made complete and in place b. Furnish all labor, material, equipment, transportation, and any necessary incidentals to repair and re -plaster the existing pools and spas c. Saw cut new expansion joints in the existing pool deck to relieve stress and minimize cracking d. Rout grind cracks and fill with flexible epoxy e. Scrape and grind pool deck to remove existing pool deck surfaces f. Remove all joint sealants according to quantities shown on the bid schedule and field verified by the Contractor g. Remove all 12" coping around pools and spas h. Scrape and grind pool plaster to remove existing pool and spa surfaces i. Remove all tile at waterline and stairs of pools and spas j. Remove existing line drains and replace in kind; Contractor to ensure line drains are fully functional k. Install new joint sealants I. Apply deck coating repair system (or approved equal) coating in accordance with manufacturer's specifications m Install new 12" coping (color and style to be approved by the Authority) n. Apply plaster to shell of pools and spas o. Install Authority approved tile at waterline (including depth markers) and at edge of stairs p. Paint markings (such as depth, "no diving", etc.) as needed around pools (this shall be tile) q. Stripe edge of pedestrian access stairs to pool at One Quail Place — Pool No. 1 r. Contractor to drain pool as required for necessary repairs/renovations and to fill pool upon task completion at each site s. Start up the pools and spas with chemicals, brush and balance the water for 30 days The City will require a three (3) year warranty for labor and material against any defects including, but not limited to, delamination and discoloration. Exhibit A Revised 10-29-19 Contract No. HA39210 EXHIBIT "B" PLANS AND SPECIFICATIONS (DATED AUGUST 26, 2019) Exhibit B Revised 10-29-19 GENERAL SPECIFICATIONS For COMMUNITY POOL IMPROVEMENTS LOCATED AT CANDLEWOOD AND ONE QUAIL PLACE APARTMENTS PROJECT NO. 832-19 CONTRACT NO. HA39210 SCOPE OF WORK The work to be done consists of furnishing all labor, materials, necessary tools and machinery, supervision, and all utility and transportation services required for the improvements of community pools necessary in accordance with the bid items in the Contractor's Bid, the Specifications, and other Provisions of the Contract. LOCATION OF WORK CANDLEWOOD APARTMENTS (Main Pool) 74000 Shadow Mountain Drive Palm Desert, CA 92260 ONE QUAIL PLACE APARTMENTS (Pool No. 1, 2, and 3) 72600 Fred Waring Drive, Palm Desert, CA 92260 TIME OF COMPLETION The Contractor shall complete all work in every detail as specified in Section 2 of the Agreement. DEFINITIONS (Applicable to the entire set of specifications): Agency - Palm Desert Housing Authority Board - Authority board representing the Palm Desert Housing Authority Caltrans - California Department of Transportation City - City of Palm Desert City Attorney - Attorney for the City of Palm Desert Engineer - City Engineer or Designee Inspector - Inspector for the City (or his designee) Owner City of Palm Desert State State of California Construction - Work of on -going maintenance activities or required services under this contract 1 PRE -BID CONFERENCE A MANDATORY Pre -Bid Meeting will be held on September 9. 2019, at 9:00 am in the Public Works Department, City of Palm Desert (73-510 Fred Waring Drive, Palm Desert, California, 92260). Due to the nature of this project, attendance at this meeting will be mandatory. PRE -CONSTRUCTION CONFERENCE A pre -construction conference shall be conducted at the Palm Desert City Hall, 73-510 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of construction. The job -site foreman or superintendent assigned by the Contractor for this project shall be present at the Pre -Construction Meeting. The Contractor shall prepare a tentative progress schedule for submission and review at the Pre -Construction Meeting. The discussion shall include but not be limited to: verification of equipment orders; project supervision; on -site inspection; progress schedules and reports; payments to Contractor; safety; and other anticipated issues pertinent to the project. The City of Palm Desert may issue Notice to Proceed at the Pre -Construction Meeting. It is the intention of the Palm Desert Housing Authority to commence this project in a timely manner following the Award of Contract. The successful bidder is advised that it is their responsibility to order materials in a timely fashion, especially long lead items. Failure to do so may result in liquidated damages. At this conference, the Contractor shall designate, in writing, a representative who shall have complete authority to act for the Contractor. An alternate representative may be designated. The representative or alternate shall be present at the job site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the project, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. In the absence of the Contractor or its designated representative, necessary or desirable directions or instructions may be given by the Engineer to the superintendent or person having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. Those attending the meeting shall include, but not be limited to thefollowing: 1. Contractor 2. City of Palm Desert Department — Public Works Staff 3. City of Palm Desert Project Manager 4. City of Palm Desert — Housing Staff 5. Property Manager 6. Construction Manager 7. Pertinent Subcontractor PUBLIC CONVENIENCE The Contractor shall conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or 2 amount of work then can be prosecuted properly with due regard to the rights of the public. Contractor must obey Engineer's directives. UTILITY REQUIREMENTS The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours' notice to the Underground Service Alert by calling 1-800-227-2600 or by dialing 811. The location and existence of utilities and improvements shown on the plans are approximate and taken from available records. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not. The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated. It shall be the responsibility of the Contractor to coordinate all phases of construction with the various utility companies involved. 1. Southern California Gas Company Technical Services Supervisor 1981 West Lugonia Avenue SC8031 Redlands, CA 92374 Contact: Arnold Alvarado AAlvarado@semprautilities.com 2. Southern California Edison Company (SCE) Protection of existing facilities by Contractor Adjustment or relocation of facilities as shown on the plans by SCE 36-100 Cathedral Canyon Drive Cathedral City, CA 92234 Contact: Jeffery Goad Tel: (760) 202-4221 Fax: (760) 202-4294 Jeffrey.goad@sce.com 3. Frontier Protection of existing facilities by Contractor 295 N. Sunrise Way Palm Springs, CA 92262 Contact: Terrance Laury Tel: 909-255-4251 Fax: 760-325-2536 to rra n ce . la u ry@ftr.com Larry Moore OSP Engineering & Network Engineering 760-864-1580 (o) 3 760-325-2536 (f) larry.moore1@ftr.com 4. Coachella Valley Water District Protection of existing facilities Adjustment or relocation of facilities by the Contractor P.O. Box 1058 Coachella, CA 92236 Contact: Tyler Hull Tel: 760-398-2651 Fax: 760-398-3711 thull@cvwd.org 5. Charter (formerly Time -Warner Cable) Protection of existing facilities by Contractor 83473 Avenue 45 Indio, CA 92201-7333 Contact South of Country Club Drive: Grant Jaeger Tel: 760-674-5540 Cell: 760-250-3447 Fax: 760-674-5547 Grant.Jaeger@charter.com 6. Imperial Irrigation District 81-600 Avenue 58 La Quinta, California 92253 Marco Bautista Tel: 760-398-5816 mbautista@iid.com Roslinda escobedo Tel: 760-398-5821 rescobedo@iid.com Carlos Partida Tel: 760-398-5820 cpartida@iid.com The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (909) 335-7581 at least two (2) working days prior to the start of construction. The location and existence of utilities and improvements are not shown on the exhibits. The Contractor shall verify the location of existing improvements and shall take all precautions to protect them whether shown or not. The Contractor shall notify underground service alert at 800-422-4133 (or current phone number) at least 48 hours prior to any excavation. 4 The exact location and identification of all existing utilities shall be determined by the Contractor prior to the start of any work. All existing city -owned utilities located in sidewalk, driveway approach, access ramp or any area requiring grade adjustment due to the proposed improvements shall be considered appurtenant to the bid item for which the adjustment is required. The Contractor shall protect -in -place all utilities unless otherwise noted on the plans. DRAINAGE CONTROL Flow and Acceptance of Water It is anticipated that storm, surface or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly; and the Contractor submitting a bid assumes all said risk. The Contractor shall conduct his operations in such a manner that storm or other existing waters may proceed uninterrupted along their existing street or drainage courses. Diversions of water for short reaches to protect construction in progress will be permitted if public and/or private properties, in the opinion of the Engineer, are not subject to probability of damage. The Contractor shall obtain written permission from the applicable public agency or property owner before any diversion of water outside of public right-of-way will be permitted. Removal of Water The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least eight (8) hours. Water shall not be allowed to rise unequally against a wall for a period of twenty (20) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above paragraph. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the Engineer. Disposal of water from dewatering operations shall be the sole responsibility of the Contractor. Disposal methods shall conform to the Porter -Cologne Water Quality Control Act of 1974, the Federal Water Pollution Control Act Amendments of 1972, and the California Administrative Code, Title 23, Chapter3. Full compensation of Drainage Control shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefor. 5 TRENCH SAFETY AND SHORING EXCAVATION In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation that is five feet or more in depth and into which a person is required to descend. Excavation for any trench five (5) feet or more in depth shall not begin until the Contractor has received approval from the Engineer of the Contractor's detailed plan for worker protection from hazards of caving ground. Such plan shall be submitted at least five (5) days before the Contractor intends to begin excavation and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than required by Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Prior to the beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing. In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the project. In the event Contractor is required to dig any trench or excavation that extends deeper than four feet below the surface in order to perform the work authorized under this contract, the Contractor agrees to promptly notify the City in writing and before further disturbing the site if any of the conditions set forth below are discovered: 1. Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract: 6 a City agrees to promptly investigate the conditions, and if City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order under the procedures described in this Contract. b. That, in the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for in this Contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by this contract or by law which pertain to the resolution of disputes and protests between contracting parties. The Contractor shall include in his bid all costs for the above requirements, including but not limited to, furnishing all labor, equipment and materials required to design, construct and remove all sheeting, shoring and bracing or other equivalent method of support and all other things necessary. Payment shall be considered as included in the appropriate bid items of work for this project and they shall be considered as included in the contract prices paid for the related items of work, unless otherwise specifically noted and called out, and no additional compensation will be allowed therefor. BASIS OF SPECIFICATIONS The Standard Specifications of the City are contained in the Standard Specifications for Public Works Construction, (Greenbook) (latest edition) including supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 990 Park Center Drive, Suite E Vista, California 92081 888-264-2665 www.bnibooks.com The Standard Specifications set forth above will control the general provisions, construction materials and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. For the remaining portion of the work, the Special Provisions shall govern over the Standard Specifications. 7 References in the Special Provisions to "Caltrans Standard Specifications" shall mean the Standard Specifications (Latest Edition) of the State of California, Department of Transportation, except applicable portions of the traffic Special Provisions. Copies of these specifications may be obtained from: State of California - Department of Transportation Central Publication Distribution Unit 6002 Folsom Boulevard Sacramento, California 95819 References in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Palm Desert and, where applicable, the State Department of Transportation (Latest Edition). The work to be done under this Contract requires the completion of all work in accordance with the General Conditions and the Special Provisions herein, and the following Standard Specifications and Standard Drawings, as modified herein. In the case of conflict between the Standard Specifications and Standard Drawings and the Special Provisions and Construction Drawings, the Special Provisions and Construction Drawings shall take precedence over all of the following referenced Standard Specifications and Standard Drawings, in all areas, said referenced Standard Specifications and Standard Drawings shall take precedence in the following order: 1. Special Provisions 2. Construction Drawings 3. General Specifications 4. "Standard Plans" City of Palm Desert, Engineering Department. Latest edition. Said "City Standard Plans and Specifications" are incorporated herein by this reference. 5. "Standard Specifications for Public Works Construction (Greenbook)," (SSPWC) (latest edition) edition including all revisions, addenda and supplements. Said "Standard Specifications" are incorporated herein by this reference. 6. "Standard Plans for Public Works Construction," (latest edition) including all revisions, addenda and supplements. Said "Standard Plans" is incorporated herein by this reference. 7. "Standard Specifications" (latest edition) including all revisions, addenda and supplements. Said "Caltrans Standard Specifications" are incorporated herein by this reference. 8. "State of California Department of Transportation Standard Plans" (latest edition) including all revisions, addenda and supplements. Said "Caltrans Standard Plans" are incorporated herein by this reference. 8 9. "California Manual on Traffic Control Devices for Streets and Highways" (CAMUTCD) (latest edition), including all revisions, addenda and supplements. Said CAMUTCD is incorporated herein by this reference. 10. "Work Area Traffic Control Handbook, (latest edition) including all revisions, addendums and supplements. Said "Work Area Traffic Control Handbook" is incorporated herein by this reference. WAGE RATES AND LABOR CODE REQUIREMENTS Wage Rates The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided to employees of the City, including but not limited to, State unemployment compensation or Worker's Compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the work. By executing this Contract, the Contractor verifies that it fully complies with all requirements and restrictions of State and Federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub -subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of the Contractor verifies that he or she is duly a duly authorized officer of the Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub - subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such 9 requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of Sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this agreement, and Contractor shall therefore comply with such Labor Code sections to the fullest extent required by law. Apprentices If the project requires the employment of workers in any apprentice craft or trade, (Section 1777.5) once awarded the Contractor or Subcontractor employing the tradesmen shall apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. SUBSTITUTION OF SECURITIES At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of the Public Contract Code Section 22300 and the provisions of the contract documents pertaining to the Substitution of Securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by City of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office. ENGINEER The Engineer shall act as the City's representative during the construction period. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, and interpret the Contract Documents. The Engineer shall make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 10 No act or omission of the Engineer relieves Contractor of the duty to proceed with the work in strict conformity with the Contract Documents. Upon request, Engineer shall reduce to writing any oral order, objection, requirement or determination. Wherever Engineer's approval is required it shall be in writing only. All communications to City by Contractor shall be via Engineer. No work shall be performed on site other than during normal working hours without the knowledge and consent of Engineer. The Contractor, and not the Engineer, will be responsible for the construction means, controls, techniques, sequences, procedures, and construction safety. As stated elsewhere, amounts shown in the Bid and Agreement as to quantities are but estimates only. Engineer shall direct Contractor as to the prosecution of the work in such a manner as to increase or decrease such estimates as to the work actually to be done. T h e Contractor shall comply with such instructions and shall be paid only for work actually done based on the unit price set out in the Agreement. EXISTING FACILITIES AND CONTRACTOR PROCEDURE Elsewhere in the Contract Documents reference may be made graphically, descriptively or both, to the existence or possible existence of other improvements affecting the site and the prosecution of the work such as surface and subsurface utilities, drainage ditches and courses, buildings, fencing, retaining walls, roadways, curbs, trees, shrubs, and similar matters. Such matters are included to be used by Contractor to the extent it deems appropriate. However, it is expressly understood and agreed: 1. Showing or describing such items does not mean that it is an exhaustive and complete presentation and that as to matters shown or described that they necessarily exist and no responsibility is assumed by City as to their exact location. The Contractor shall be responsible for locating and protecting all utilities during the course of the work. Damage caused by the Contractor's operations to facilities that are shown or otherwise indicated to Contractor by Engineer or Utility Company, shall be repaired or replaced by and at the expense of Contractor. 2 All graphic presentations are schematic only unless the contrary is clearly set out elsewhere as to a particular matter. 3. Whenever, in the plans, survey markers are shown, boundaries of the site are shown, or contour lines are shown, the Contractor may assume that such matters are shown in accordance with acceptable standards. All improvements of the nature above described - whether elsewhere shown or described or not - shall, unless the contrary is elsewhere specifically directed, remain in place, undisturbed and suitably protected during the course of the work. Whenever, during the course of the work, a subsurface improvement is discovered which Contractor believes is unknown to City, it shall immediately so 11 inform the Engineer. Except as elsewhere provided, whenever in the course of the work it becomes apparent that the work cannot proceed without the destruction or relocation of any improvement whether shown or described or not, the Contractor shall immediately cease work affecting such improvements and notify the Engineer as to such circumstance and await instruction as to how to proceed. The Engineer may provide for such relocation work to be performed by other forces, or direct that it may be performed by Contractor as a change in the work. 4. Prior to the start of any excavation the Contractor shall coordinate his work with all utility companies having services in the area and shall request that they mark all their locations on the ground. The Contractor shall be required to cooperate fully with all utility forces or forces of other public agencies engaged in relocation, lowering, or otherwise rearranging any facilities interfacing with the progress of work or installing any facilities thereon. The Contractor will also be required to cooperate fully with any City, County or State forces working on or near the project, or requiring access to the work in the performance of their duties. 5. Where underground main distribution conduits such as water, gas, sewer, electric, telephone or cable television are shown on the Plans, the Contractor, for the purpose of preparing a bid, shall assume that every adjacent property will be served by a service connection for each type of utility. & Electric Power, Communications, and Gas: The Engineer will make arrangements, in advance of construction, for all required modifications to electric power, communications and natural gas facilities to be performed by the Owner or operators of such facilities. To this end, the Contractor shall indicate in its construction schedule the latest dates for completion of such modifications for the locations where they will be encountered during the course of thework. 7. Water Supply, Sewer facilities and Drainage: Only with the express written permission of the Utility owner shall the Contractor make any or all modifications to existing water supply, sewer and drainage facilities as required in order to permit performance of the construction work. Temporary facilities and diversions will be permitted to the extent that they assure continuity in the service, and quality of service provided by the existing facilities, only with the express written permission of the utility owner. The hydraulic capacity of drainage facilities, which serve the project area during construction, shall be equal to or greater than the hydraulic capacity that existed prior to construction. 8. Walls, Fences, Gates and Enclosures: The Contractor shall remove, modify and reconstruct all walls, fences, gates, and enclosures as necessary for construction. 12 The relocation and reconstruction of such structures shall in general be performed at or adjacent to the limits of the rights -of -way unless directed otherwise. 9. When existing sidewalk is removed, entire panels shall be removed and replaced to the nearest joint. The Contractor shall take all precautions to protect all existing improvements unless otherwise noted. 10 When joining existing pavement, Contractor shall feather a minimum of 10 feet or that, which is shown on the construction plan. New construction joining existing paving shall be done with no dangerous or noticeable joints as determined by the Engineer. 11. Roads, Culverts and Associated Structures: The Contractor shall make all necessary modifications, relocations and reconstruction of existing roads, and associated structures such as culverts, drainage facilities and the like as necessary for construction of works described in these specifications. 12 General: All modifications, relocations and reconstruction work shall conform with the designs of the existing facilities to the extent practicable, and the finished work and structures shall be equal to or better in all respects than the original facilities. 13 Salvage: To the extent practicable, suitable materials shall be salvaged from existing facilities that are to be moved from the rights -of -way and shall be reused in constructing relocated or modified facilities. The salvaged materials shall be cleaned, painted or renovated as necessary to meet the quality requirements specified in the preceding paragraph. All foreign matter shall be legally disposed of in designated waste areas. 14. Protect and preserve established benchmarks and survey monuments: Survey monuments found by the City, which may be disturbed by the Contractor will be located, marked and referenced by the City's Land Surveyor. Any survey monument found by the Contractor within the work limits but not marked and referenced by the City's Surveyor shall be brought to the City's attention immediately. The Contractor shall give the City's Surveyor a minimum of 72 hours to mark and reference the found monument prior to commencement of any work at or near the monument which may affect or alter the position of the monument. If a monument well (handhole frame and cover) protects an existing monument, the monument shall be located and referenced as above, and the monument well shall be repositioned flush in the new surface per City of Palm Desert Standard Drawing No. 300B by the Contractor. The City's Land Surveyor shall verify that the monument was not disturbed during the repositioning of the monument well after completion of work on the well. The City's Land Surveyor will reset a monument in a repositioned well as necessary, if disturbed, and the Contractor 13 will be responsible for this cost. Therefore, great care should be taken in repositioning the well to finish grade. The replacement and relocation of any bench marks and monuments which may be lost, destroyed or shifted, due to the Contractor's actions, as determined by the Engineer, will be completed by the City or its representative in accordance with Section 8871, Chapter 15 of the Business and Professions Code, at the Contractor's expense. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS At its expense the Contractor shall: 1. Take every precaution against injuries to persons or damage to property. 2. Comply with regulations governing the use of the property. 3. Store and suitably protect its apparatus, equipment, materials, and supplies in an orderly fashion on site. 4. Before final payment remove all surplus material, false work, temporary structures, debris and similar matter resulting from its operations from the site and put the site in an orderly condition. 5. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by State or municipal laws and regulations and local conditions during the course of the work. 6. Guard City's property from injury or loss. 7. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance. 8. Be responsible for the protection, removal or relocation of existing signs, fences, asphalt pavement, concrete curb and gutter and other facilities, which may be encountered in the roadway. The replacement or repair of any facilities which the City deems necessary as a result of the Contractor's operations shall be done by the Contractor at his own expense and to the satisfaction of the City. CHANGES IN THE WORK The City may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such Field 14 Order entitles him to a change in Contract Price or Time, or both in which event he shall give the Engineer WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the Contractor shall document the basis for change in Contract Price or Time within ten (10) days. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instructions from the City. CHANGES IN CONTRACT PRICE The Contract Price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for the increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: 1. Unit prices previously approved. 2. An agreed lump sum. 3. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. CHANGE ORDERS - DETAIL DRAWINGS AND INSTRUCTIONS Reference is made to Section 3 "Change in Work" of the Standard Specifications. Each approved change order shall be considered as an amendment to the Contract Documents and will not be considered approved until executed by the City. The above does not limit the ability of Engineer to issue further detail drawings, explanations and instructions that are customarily given by an Engineer during the course of similar work. The Engineer will furnish the Contractor, with reasonable promptness, when such further detailed explanations, instructions and drawings may be necessary for the proper execution of the work, and the Contractor shall conform to same provided they are consistent with the intent of the Contract Documents. In giving such additional instructions, explanations and drawings, the Engineer has authority to make minor changes in the work, which do not involve extra cost and are not inconsistent with the Contract Documents. The Contractor's acting on such instructions, explanations and drawings of Engineer means that Contractor agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. 15 BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. SUBMITTALS, SHOP DRAWINGS AND SAMPLES The Plans and Specifications, and other Contract Documents may require submittals including, but not limited to Shop Drawings and/or sample submissions. No related work shall be commenced until such submittal has been reviewed and approved by Engineer. Contractor shall prepare or cause to be prepared, as part of the work, all 16 submittals not made a part of the Plans and Specifications, which are required in the performance of Contractor's obligations under the contract. For each Submittal, Contractor shall verify all figures shown against field measurement actually made at the project site, shall otherwise check the same for accuracy and compliance with the Contract Documents, shall initial or stamp its approval of such submittal upon the face thereof, and shall submit four (4) copies of such submittal to City for approval in accordance with the schedule of submittals previously accepted by City. The data as shown on each such submittal shall be complete with respect to dimensions, finishes, materials of construction, methods of connection, jointing, support, anchorage and reinforcement, necessary clearances, relations of the work so detailed to abutting work of others, and other design criteria and features of construction. Each sample submitted to City shall be clearly identified as to material, manufacturer, any pertinent catalog numbers, and the use for which it is intended. The Contractor shall check each sample for compliance with the Contract Documents, shall indicate its approval of such sample, and shall submit such sample to City for approval with such promptness so as to cause no delay in the work. At the time of each Submittal, the Contractor shall give the City written notice of any deviation between the submittal and the requirements of the Contract Documents. The Contractor shall submit the shop drawing a minimum of three (3) weeks prior to the said work. City shall review and approve with reasonable promptness all submittals. However, such review and approval shall be for the sole purpose of verifying that the submittal in question conforms to the design concept of the project and complies with the requirements of the Contract Documents. The City's approval of any separate item shall not indicate approval of the assembly in which such item functions. The Contractor shall alter and return to City corrected submittals and shall resubmit until they are approved by City, and in doing so, shall specifically call to City's attention all changes from the form of the previous submissions. The Contractor's indication of approval on any submittal shall constitute a representation to City that the Contractor has determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data relating to such submittal, and has reviewed and coordinated such submittal with the requirements of the work and the Contract Documents. A copy of each approved submittal and each approved sample shall be kept in good and clean order by Contractor at the project site and shall be available to City. The City's approval of submittal(s) shall not relieve the Contractor from any of its responsibilities under the Contract Documents or be deemed or construed to be an authorization for any deviations from the requirements of the Contract Documents, unless Contractor has, in writing called City's attention to such deviation at the time of submission and City has given written approval to the specific deviation. 17 Shop Drawings: 1. The manufacturer shall furnish to the City for review, eight (8) copies of each shop drawing submittal. The term "Shop Drawings" as used herein shall be understood to include detail design calculations, shop drawings, fabrication, installation drawings, erection drawings, list, graphs, catalog sheets, data sheets, and similar items. Whenever the manufacturer is required to submit design calculations as part of a submittal, such calculations shall bear the signature and seal of an engineer registered in the appropriate branch and in the state wherein the project is to be built, unless otherwise directed. 2 A project submittal form shall accompany all Shop Drawing submittals. 3. Except as may otherwise be indicated herein, the City will return prints of each submittal to the manufacturer with its comments noted thereon, within seven (7) calendar days following their receipt by the City. 4. If the submittal is returned to the manufacturer marked "NO EXCEPTIONS TAKEN," formal revision and resubmission of said submittal will not be required. 5. If the submittal is returned to the manufacturer marked "MAKE CORRECTIONS NOTED," formal revision and resubmission of said submittal will not be required. 6. If the submittal is returned to the manufacturer marked "AMEND -RESUBMIT," the manufacturer shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the City. 7. If the submittal is returned to the manufacturer marked "REJECTED - RESUBMIT," the manufacturer shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the City. 8. Fabrication of an item shall be commenced only after the City has reviewed the pertinent submittals and returned copies to the manufacturer marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the Contract requirements. 9. All manufacturer shop drawing submittals shall be carefully reviewed by an authorized representative of the manufacturer prior to submission to the City. Each submittal shall be dated, signed, and certified by the manufacturer as being correct and in strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the City of any manufacturer submittals will be made for any items that have not been so certified by the manufacturer. All non- certified submittals will be returned to the Manufacturer without action taken by the City, 18 and any delays caused thereby shall be the total responsibility of the manufacturer. 10. The City's review of manufacturer shop drawings submittals shall not relieve the manufacturer of the entire responsibility for the correctness of details and dimensions. The manufacturer shall assume all responsibility and risk for any misfits due to any errors in manufacturer submittals. The Manufacturer shall be responsible for the dimensions and the design of adequate connections and details. Product Samples: 1. Whenever samples are required in the Specifications, the manufacturer shall submit a sample of each item or material to the City for acceptance, at no additional cost. 2. All samples shall be individually and indelibly labeled or tagged, indicating thereon all specified physical characteristics and manufacturer's name for identification, and submitted to the City for acceptance. Upon receiving acceptance of the City, one set of the samples will be stamped and dated by the City and returned to the manufacturer, the City will retain one set of samples, and one set of samples shall remain at the job site until completion of the work. 3. Unless indicated otherwise, all colors and textures of specified items presented in sample submittals should be from the manufacturer's standard colors and standard materials, products, or equipment lines. If the samples represent non- standard colors, materials, products, or equipment lines and their selection will require an increase in contract time or price, the manufacturer will clearly indicate it on the transmittal page of the submittal. Quality Control Submittals: Manufacturer's Certificate of Compliance: When required by the Specifications or the City, the manufacturer shall submit a certification signed by the manufacturer that the material or product conforms to the refinements of the Contract Documents, including any standards or codes referenced therein. Certifications shall include factory test results, if applicable. Statement of Qualifications: When required by the Specifications or the City, the manufacturer shall submit evidence that the Surveyor, Engineer, specialty subcontractor, consultant, or installer has the experience or specialized knowledge required by the Specifications. Field Samples: When required by the Specifications or the City, the manufacturer shall obtain samples during the progress of the work. The manufacturer shall be responsible for transportation of samples, including cost, to a destination directed by the City. Sample source, location, date, name of person obtaining sample, and applicable Specifications 19 Section shall be clearly noted. Unless otherwise indicated, the samples will remain in the custody of the City. Test Reports: Whenever the Specifications require factory or field-testing and submittal of a report, the following information shall be included: 1. Project title and number. 2. Date of test and date of report. 3. Testing laboratory name, address, telephone number, and name and signature of the responsible laboratory supervisor 4. Date and time of sampling, location of sampling, and record of temperature and weather conditions, if pertinent. 5. Identification of product, material, or equipment tested and applicable Specifications Section. 6. Type of test with reference to standard methods. 7. Test results, certified as complete and accurate. 8. Conclusion of compliance with requirements, and additional interpretation, if requested by City. 9. Recommendations for corrective action necessary to achieve compliance with requirements, if appropriate. Submittal Schedule: The City will review and return submittals with all reasonable promptness. ALTERNATE METHODS OF CONSTRUCTION Whenever the Plans or Specifications provide that more than one method of construction or more than one specified type of construction equipment may be used to perform portions of the work and leave the selection of the method of construction of the type of equipment to be used up to the Contractor, it is understood that the City does not guarantee that every such method of construction or type of equipment can be successfully used throughout all or any part of any project. It shall be the Contractor's responsibility to select and use the alternative or alternatives, which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives are not feasible or it is necessary to use more than one of the alternatives on any project, full compensation for any additional cost involved shall be considered as included in the contract price paid for the item of work involved and no additional compensation will be allowed therefor. 20 FINAL INSPECTION — NOTICE OF COMPLETION When the work is ready for final inspection, City will cause the work to be inspected and subject to such tests as deemed to be required for the purpose of determining if the work is complete in every respect. Upon acceptance of the work, the City shall issue a Notice of Acceptance to the Contractor and a Notice of Completion will be recorded. As between the parties, the recordation of the Notice of Completion, unless recorded because of a cessation of labor, means only that the time for final payment begins. GUARANTEE The Contractor shall warrant and guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of Notice of Completion. The Contractor also warrants and that the completed system is free from all defects due to faulty materials or workmanship. The Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. TEMPORARY SUSPENSION OF WORK The Engineer may order the Contractor to suspend the work on the project, wholly or in part, for such period of time as he may deem necessary due to unsuitable weather or to such other conditions as may be considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure of the Contractor to carry out orders given or to perform any provision of the contract. The Contractor shall immediately comply with the order of the Engineer to suspend the work, wholly or in part, as the order may provide. Work shall be resumed when conditions are favorable or when the methods have been corrected, as ordered or approved in writing by the Engineer. CITY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT City, may without prejudice to such other right, remedy or relief it may be entitled to, by 10-days' notice to Contractor, terminate the employment of Contractor and its right to proceed, if: 1. Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors. 2. A receiver or liquidator is appointed for Contractor or any of its property. 3. Contractor shall refuse or fail after Notice of Warning from City by Engineer to supply sufficient properly skilled workmen or suitable materials. 21 4. Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period. 5. Contractor shall fail to make payments to persons supplying labor or materials for the work. 6. Contractor does not comply with applicable law or instructions of Engineer. 7. Contractor is otherwise guilty of a substantial violation of any provision of the Contract Documents. City's right to terminate may be for the entire work, or at City's option, as to any portion thereof as to which delay shall have occurred or breach or noncompliance relates, and may thereupon take possession of the affected work and complete the work by Contract or otherwise, as City deems expedient. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or Toss of City occasioned by Contractor's failure to properly perform, such excess shall be paid by Contractor. If such expense and damage exceeds the unpaid balance, Contractor is liable to City for the excess. If City elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, plant and equipment on site which may be necessary or convenient for the purpose of completing the work. T h e City is expressly granted the right - acting via an Engineer or otherwise to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this section. Decision by City not to proceed under this Section does not constitute a waiver by City of any right it might, from time to time, have against Contractor under the Contract Documents. PAYMENT AND MONTHLY ESTIMATES At least ten (10) days before each progress payment falls due (but not more often than once a month), the Contractor will submit to Project Manager a partial payment estimate filled out and signed by the Contractor covering the work performed during the period covered by the partial payment estimate and supported by such data as the Project Manager may reasonably require. The Project Manager will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the City, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case the Contractor may make the necessary corrections and resubmit the partial payment estimate. The City will, within thirty (30) days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The City 22 shall retain five (5) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. Contractor is advised that he may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the City to ensure performance under the contract. Such securities shall be deposited with the City or with a State or Federally Chartered Bank as escrow agent and shall pay such monies to the Contractor upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates ofdeposit. PAYMENT FOR EXTRA WORK (FORCE ACCOUNT BASIS) Extra work to be paid for on a force account basis as directed by the Engineer will be paid for as set forth in Section 3 "Changes in Work" of the Standard Specifications. The labor surcharge, equipment rental rates and the right of way delay factors for each classification of equipment are listed in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates. FINAL PAYMENT Within sixty (60) days after the completion of the work and its acceptance by the City, Project Manager will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and will submit such estimate to Contractor. Within sixty (60) days thereafter Contractor shall submit to Engineer his written approval of said proposed final estimate or written statement of all claims, which he has for additional compensation claimed to be due under the contract. On Contractor's approval or if he files no claims within said period of sixty (60) days, Engineer will issue a final written estimate as submitted to Contractor and City shall pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract. Engineer shall then consider and investigate Contractor's claims and shall make such revisions in the said estimate as he may find to be due, and shall then make and issue his written estimate. The City will pay the amount so found due after deducting all previous payments and amount to be retained under the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefor, except in the case of gross error. Acceptance of final payment constitutes a release of City by Contractor from all claims relating to undisputed contract amounts. Final payment shall be made no later than sixty (60) days after the date of acceptance of the work by the City or the date of occupation, beneficial use and enjoyment of the work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the work, provided that a release of liens and 23 claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. Any payment, however, final or otherwise, shall not release the Contractor or his sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bond. CLAIMS The Contractor will indemnify and save the City or the City's agents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the City's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the City may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the City to either the Contractor his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the City shall be considered as a payment made under the Contract Documents by the City the Contractor and the City shall not be liable to the Contractor for any such payment made in good faith. DISPUTE RESOLUTION Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the contract time or contract price as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor's compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Agreement or at law. A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes. 24 B. Claims. For purposes of this Article, "Claim" means a separate demand by the Contractor for: 1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; 2. Payment by the City of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or 3. An amount the payment of which is disputed by the City. A "Claim" does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the contract time or contract price, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: "THIS IS A CLAIM." The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. D. Documentation. The Contractor shall submit all Claims in the following format: 1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made 2. List of documents relating to Claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Narrative analysis of Claim merit 5. Analysis of Claim cost, including calculations and supporting documents 25 6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the contract time is requested E. City's Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City's governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City's governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within 30 Days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City's written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. F. Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. G. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as 26 identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 1. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Agreement. The mediation process 27 shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. J. Government Code Claim Procedures. 1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the contract time, contract price, or compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. 3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the contract time or contract price for extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 4. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first. A Government Code claim shall be 28 inclusive of all unresolved claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. K. Non -Waiver. The City's failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. DOCUMENTS OF CONTRACTOR Upon demand, Contractor shall make available to City all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of the Contractor as to City. This includes copies of documents sent by Contractor or others in its possession. Contractor shall further make available to City, conformed copies of all documents submitted to the sureties who executed the Bid Bond, Faithful Performance Bond or Payment Bond for the indemnification made to such surety by others for such purpose. The Contractor shall maintain in its possession all documents relative to the work for three (3) years after Notice of Completion. PAYROLL RECORDS Pursuant to Labor Code Section 1776, the Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. The Contractor shall certify under penalty of perjury that records maintained and submitted by the Contractor are true and accurate. The Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury In accordance with Labor Code Section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on the specified interval and format prescribed by the DIR, which may include electronic submission. The Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide thefollowing: 29 1. A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. Unless submitted electronically, the certified payroll records shall be on the forms provided by the Division of Labor Standards Enforcement (DLSE) of the DIR or shall contain the same information as the forms provided by the DLSE. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards (DAS) or the DLSE shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day prior, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the DAS or the DLSE, such penalties shall be withheld from progress payment then due. The responsibility for compliance with this Article shall rest upon the Contractor. PUBLIC SAFETY The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-10, "Safety," of the Standard Specifications and these special provisions. PROJECT SAFETY The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. All employees on the project and all other persons who may be affected thereby; 2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor orSub-Subcontractors; 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 30 4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours. The Contractor is responsible to design, construct and maintain all safety devices as required by law or manufacture. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. Neither the City nor the City's Engineer shall enforce safety measures or regulations. The contractor must submit a comprehensive written safety program covering all aspects of onsite and applicable offsite operations and activities associated with the contract. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. The Contractor shall use proper safety signing and barricading as required by the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the W.A.T.C.H. handbook. The Contractor shall use such foresight and shall take such steps and precautions as operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches, slopes, and excavations requiring shoring shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual progress. Hard hats and high visibility clothing shall be worn at all times when working on the project. It is the Contractor's responsibility to ensure that this requirement is enforced. Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefor. In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. The Contractor shall notify Engineer immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to City via Engineer. Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and 31 in that event, the City may provide suitable protection to said interest by causing such work to be performed and material to be furnished, as, in the opinion of the City, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. PUBLIC WORKS CONTRACTOR REGISTRATION Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations (DIR) prior to the execution of a contract to perform public works. By entering into this contract the Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. The Contractor shall maintain a current registration for the duration of the Project. The Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. LABOR CODE Reference is made to Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). By this reference said Chapter 1 is incorporated herein with like effect as if it were here set forth in full. The parties recognize that said Chapter 1 deals, among other things with discrimination, penalties and forfeitures, their disposition and enforcement, wages, working hours, and securing workers' compensation insurance and directly affect the method of prosecution of the work by Contractor and subject it, under certain conditions, to penalties and forfeitures. 1. Eight -Hour Law. Pursuant to the provision of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for 32 all hours worked in excess of eight hours per day. The Contractor shall forfeit to the City as a penalty, the amount stipulated by the Labor Code, for each worker employed in the execution of this contract by him, or by any Subcontractor under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any one calendar day and forty hours in anyone calendar week without such compensation for overtime violation of the provisions of said Labor Code. 2 Prevailing Rates of Wages. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code Regulations, Title 8, Section 16000 et seq. (Prevailing Wage Laws), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public Works" or "maintenance" project, as defined by the Prevailing Wage Laws, and specified in the Notice Inviting Bid, the Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of the Contract for the website of The Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless form and claim liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 3. Contractor shall forfeit to City, as a penalty, $200.00 for each calendar day, or a portion thereof, for each worker paid less than the said per diem wage as determined by the Department of Industrial Relations for such craft in which such worker is employed for any public work done under contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate , shall be paid to each worker by the Contractor. The Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any from unpaid wages actually earned. 4. Mandatory Certification of Contractor and employment of Apprentices. This contract shall not prevent the employment of properly indentured apprentices in accordance with the California Labor code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade to which he or she is indentured. If California Labor Codes Section 1777.5 applies to the contract work, the Contractor and any Subcontractor hereunder who employ workers in any 33 apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving the Contractor or Subcontractor for the employment and training of the Contractor or Subcontractor for the employment and training of apprentices. Upon issuance of this certificate, the Contractor and any Subcontractor shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with this Section 17 and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with the Contractor hereunder. In accordance with Labor Code 1773.3, the City will send notice of the award of this contract to the Division of Industrial Relations within five days after award. 5. The Contractor shall have an affirmative obligation to verify that a I I subcontractors are registered with the Department of Industrial Relations and shall not permit a subcontractor of any tier to perform work on the project without first verifying the subcontractor's registration. The Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain valid registration for the duration of the project. SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. Contractor shall not change job supervisor without written approval of Engineer. PROJECT APPEARANCE The Contractor shall maintain a neat appearance of the work. In any area visible to the public, the following shall apply: When practical, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of daily. Full compensation for conforming to the provisions in this section, not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 34 INSURANCE SPECIFICATIONS Without limiting Contractor's indemnification of the Palm Desert Housing Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to City, along with the 35 certificate of insurance, a Waiver of Subrogation endorsement in favor of the Palm Desert Housing Authority, its officers, agents, employees and volunteers. Other provisions or requirements Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The Palm Desert Housing Authority and its officers, officials, employees, and agents shall continue as additional insureds under such policies. Primary/Noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City, before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary. Any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. 36 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Palm Desert Housing Authority, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Palm Desert Housing Authority, its elected or appointed officers, agents, officials, employees and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the Palm Desert Housing Authority and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO's Owners, Lessees, or Contractors Additional Insured Endorsement for 37 the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. City's Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be 38 in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. INDEMNITY AGREEMENT/HOLD HARMLESS Except for sole negligence or willful misconduct of an Indemnitee, the Contractor hereby assumes liability for and agrees to defend, indemnify, protect and hold harmless the City and its officers, agents, and employees, and the Engineer from and against all claims, charges, damages, demands, actions, proceeding, losses, stop payment notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may arise out of or encountered in connection with this Agreement or the performance of the Work including, but not limited to death, or bodily or personal injury to persons, or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees, or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of this contract or otherwise; 3. Any act, omission or negligence of Contractor, its officers, agents, employees or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation. The Contractor also agrees to indemnify City and pay for all damage or Toss suffered by City including, but not limited to damage or loss of City property, loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -sections 1, 2, 3, and 4. 39 Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, Toss, stop payment notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an lndemnitee. However, without affecting the rights of the City under and provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. In the event that Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees' interests. City shall, in its sole discretion, determine whether such assurances are reasonable. Evidence of Insurance A certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City shall be submitted to the City prior to execution of this agreement on behalf of the City. Notice of City, Insurance Coverage Change The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier, for nonpayment of premiums or otherwise, without thirty (30) days prior written 40 notice of amendment or cancellation to the City. In the event the said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City new evidence of insurance in the amounts heretofore established. EQUAL EMPLOYMENT OPPORTUNITY Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religions creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Contract and shall comply with the provisions of the California Fair Employment and Housing Act (Government Code 12900 et seq.), the Federal Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CRF) Chapter 60. Contractor shall require each of its Subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph. 1. Transaction of $10,000 or under a. Contracts and subcontracts not exceeding $10,000 are exempt from requirements of this clause. b. No Contractor or subcontractor shall procure supplies and/or services in less than usual quantities to avoid applicability of the Equal Opportunity clause. With respect to contracts and subcontracts for indefinite quantities, this Equal Opportunity Clause shall apply unless it is determined by the City that the amount to be ordered in any one year under such contract reasonably will be expected not to exceed $10,000. 2. Transaction in Excess of $10,000, But Less than $50,000 a. Each prime Contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all state and federal laws and regulations concerning Fair Employment Practices. b. The Contractor shall maintain a written copy of its affirmative action plan and will furnish a copy to the City upon request of the City. The City reserves the right, during the life of this contract, to require CONTRACTOR to complete an affirmative action compliance report furnished by the City setting definite goals and timetables and indicating progress in meeting the goals. 3. Transactions of $50,000 or More a. Each prime CONTRACTOR who has fifty or more employees and a contract of $50,000 or more shall develop and submit to the City within thirty days of award a written affirmative action compliance program 41 including definite goals and time tables with the proposed dates of compliance. The prime CONTRACTOR shall make, as a condition of his subcontract, the same requirement of each subcontractor who has fifty or more employees and a subcontract of $50,000 or more. Each Contractor shall include in his affirmative action compliance program a complete table of his employees' job classifications. This table must include, but need not be limited to, job titles, duties and rates of pay. b. For the purpose of determining the number of employees under the preceding paragraph, the average of the Contractor's or subcontractor's employees for the 12-month period immediately prior to award, or the total number of employees Contractor or subcontractor will have on all jobs or sites when performing this contract, whichever is higher, shall be used. 4. Contractor agrees that he will permit access to his records of employment advertisement, application forms and other pertinent data and records by the City or its designee and any state or federal agency having jurisdiction for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 5. The City shall have the right to assign an affirmative action representative to monitor the conduct of the Contractor and subcontractors under this contract. The affirmative action representative shall have the right to enter the construction or manufacturing site for the purpose of obtaining information from persons performing work on the project, providing such inspection shall not in any way interfere with the progress of the work under the contract. TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the contract upon 10 calendar days written notice to the City, whenever (1) the entire work has been suspended in accordance with these provisions, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the contract has not been received from the City within this time period; or (2) the City should fail to pay the Contractor any substantial sum due him in accordance with the terms of the contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claims against the City except for those claims specifically enumerated in these provisions and determined in accordance thereof. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from the subcontractorwithin 30 days, unless otherwise required to sooner pursuant to Public Contract Code section 7107, after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 42 7-1.17, "Acceptance of Contract," of the Standard Specifications. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. CLAYTON ACT AND CARTWRIGHT ACT In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. CLEANUP AND RESTORATION OF SURFACES The Contractor shall, as directed by the Engineer, remove from all public and private property, at its own expense, all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work area(s) obtained by the Contractor. All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after construction, be restored to a condition at least equal to that which existed prior to construction. All restoration shall be in -kind except in those areas where details indicate to the contrary. The details of those areas will govern. Restoration shall include, but not be limited to, the replacement of landscape planting, irrigation systems, and pavement or striping which is disturbed by the Contractor's operations in the course of work. Payment for this work shall be included in the various bid items of work and no additional compensation will be made therefor. SPECIFICATIONS AND DRAWINGS FURNISHED TO CONTRACTOR The City will furnish to the Contractor four (4) sets of Specifications. Additional quantities of Specifications and Drawings will be furnished at reproduction cost. AIR CONTAMINANTS The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Payment for maintaining air contaminates within the project area shall be included in the contract prices paid for related items of work, and no additional compensation will be allowed therefor. 43 RECYCLING SPECIFICATIONS Contractor shall segregate the following materials generated by this job and shall haul, or have the material hauled, to recycling, composting or other properly permitted diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock. Contractor shall submit weight tickets to the City on a bi-weekly basis showing the quantity (tons) delivered to each diversion facility. Contractor shall also submit to City, on a bi-weekly basis, all weight tickets showing the tons of all non-divertible material that have been delivered to landfill. Contractor shall include the costs for the diversion of the above -listed materials in its bid for the job. Contractors are responsible for doing their own research in contacting the recycling, composting and other processing and diversion facilities to confirm the tipping fees for the various types of materials. Contractor may utilize any recyclers or processors provided that Contractor submits written evidence that said facilities are operating in compliance with all state, federal and local laws. Contractor is liable and responsible for any illegal dumping activities for any and all materials generated at the job site. Full compensation for doing all work associated with "Recycling," as outlined within this Section shall be included in the in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. PROJECT SIGN SPECIFICATIONS Contractor shall be responsible for the fabrication, installation, maintenance and removal of the project sign. The project identification sign shall be positioned in such a manner as to be fully visible and readable to the residents. This proiect will require proiect identification signs to be placed at all entrances/exits of all four (4) pool areas to be renovated. The Project Sign shall be constructed of new materials. The Project sign shall be 18" X 18" posted on Type I barricades, unless otherwise specified or approved by the City. Project identification signs shall be maintained to present a clean and neat look throughout the project. A submittal of the shop drawing of the project identification sign showing content, layout, lettering style, lettering size and colors will be required for approval by both the City and the Property Manager prior to fabrication of the sign by the Contractor. The project identification sign will be installed within 7 calendar days after the Notice to Proceed date. The sign shall be level and plumb. If mounted on posts, posts shall be sunk a minimum of 3 feet below grade. A minimum of 8 feet of post is required above existing grade. The project identification sign, framing, supports and foundations shall be removed by the Contractor when the project is substantially complete. 44 No separate payment will be made for the work included in this section. All costs associated with this requirement shall be included in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. 45 SPECIAL PROVISIONS For COMMUNITY POOL IMPROVEMENTS LOCATED AT CANDLEWOOD AND ONE QUAIL PLACE APARTMENTS PROJECT NO. 832-19 CONTRACT NO. HA39210 SECTION 1 — GENERAL SPECIAL PROVISIONS Accepting this contract, Contractor hereby releases and agrees to indemnify, defend, hold harmless the City, engineer, their parent and subsidiary companies, agents, employees, consultants and representatives for any and all damage to persons or property or wrongful death regardless of whether or not such claim, damage, Toss or expense is caused in whole or in part by the negligence, active or passive, of City, engineer, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of City, engineer, their parent or subsidiary companies and their agents and employees to the fullest extent permitted by law. Such indemnification shall extend to all claims, demands, actions, or liability for injuries, death or damages occurring after completion of the project, as well as during the work's progress. Contractor further agrees that it shall accomplish the above at its own cost, expense and risk exclusive of and regardless of any applicable insurance policy or position taken by any insurance company regarding coverage. 1.1 Review of Contract Documents and Job Site The Contractor shall carefully study and compare the Contract Documents with each other and with information available to the Contractor and furnished by the City and shall immediately notify the Engineer of errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without notice to the Engineer, the Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. The Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Engineerimmediately. When existing conditions are encountered which, in the opinion of the Engineer, require temporary suspension of work for design modifications or for other determinations to be made, the Contractor shall move to other areas of work until such determinations are made at no cost to the City. The Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any such suspension, if the Contractor makes an approved claim therefor as provided in SECTION 3 — CHANGES IN WORK of the Standard Specifications. 46 1.2 Right -of -Way The City will acquire all rights of way, easements and rights of entry as required for this project. The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. All cost for re -mobilization, downtime, etc. due to delays in obtaining the required rights of way, easements and rights of entry shall be included in the bid prices for this project and no additional compensation will be allowed therefor. In the event the required easements have not yet been acquired by the City, the Contractor shall conduct his operation so as to confine his work to the limits of the existing right-of-way. 1.3 Permits and Licenses Permits: In lieu of Section 7-5, "Permits," of the Standard Specifications, the Contractor, and any sub -contractors shall obtain permits for all work within the City of Palm Desert and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. Licenses: The Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all Sub -Contractors shall be required to have a City of Palm Desert Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the various contract bid items and no additional compensation will be allowed therefor. Fees: The Contractor shall be responsible for all inspection and permit fees required by agencies (other than the City of Palm Desert, Public Works Department) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the various contract bid items and no additional compensation will be allowed therefor. 1.4 Relocation The alternation or temporary relocation of all service connections (including but not limited to: water, irrigation water, sewer, electrical, natural or manufactured gas, underground and/or overhead telephone, cable television, and electrical) to adjacent property shall be the responsibility of the Contractor. The Contractor shall cause to have the service connections restored as soon as possible after any disruption in service. The Contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections shall be included in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. 47 1.5 Surplus Materials All excavated material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or other deleterious material shall become the property of the Contractor. Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor. The costs for such work shall be included in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. 1.6 Inspection of the Work The Contractor shall notify Emily Roethler, the Project Manager, at (760) 776-6459, forty-eight (48) hours in advance of the start of work. There will be inspection of this project to ensure strict adherence to the plans and specifications. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the City. 1.7 Responsibility for Job Site Conditions Contractor acknowledges responsibility for jobsite safety and acknowledges that the Engineer will not have any such responsibility. To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the City Engineer, their present companies, subsidiaries, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by the Contractor, its Subcontractors, or their agents and employees, which results in damage to persons or property including wrongful death, regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of the City Engineer, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the City Engineer, their parent or subsidiary companies and their agents and employees. All work shall be performed in accordance with applicable Health and Safety laws and standards including all requirements of the State of California Division of Industrial Safety. Contractor agrees that, in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this project including safety of all persons and property, that this requirement shall be made to apply continuously and not be limited to normal working hours, and Contractor further agrees to defend, indemnify and hold design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this project. 48 1.8 Protection of Public Unusual conditions may arise on the project, which will require that immediate and special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. Materials and equipment shall be stored so as to not create a public nuisance and to ensure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent. 1.9 Traffic Control A minimum of a four -foot (4') wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under construction adjacent to the sidewalk areas must be maintained free of hazardous conditions. The immediate construction area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to ADA curb ramps shall be maintained from at least one end of the project at all times. Payment for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, warning signs, barricades, and other safety devices, as required for public safety or as directed by the City Engineer, shall be considered as included in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. 1.10 Dust Control/Air Contaminants The Contractor shall comply with Section 7-8.2, "Air Pollution Control," of the Standard Specifications. The Contractor must comply with the City of Palm Desert's Municipal Code, Chapter 8.20, "Public Nuisances" Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also comply with Chapter 24.12 "Fugitive Dust (PM10) Control" of City of Palm Desert Municipal Code. Dust generated by traffic, Contractor's operations, or wind are all included in the definition of "dust." In order to reduce PM10 emissions to the maximum extent feasible, the Contractor shall: • Moisten soil not more than fifteen (15) minutes prior to moving soil and three (3) times a day, or four (4) times a day under windy conditions, in order to maintain soil moisture of twelve (12) percent. • On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for four (4) or more days, apply 49 water with a chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months. • Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five (5) days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface for six months. • Water debris or soil piles hourly or cover with temporary coverings. • Water exposed surfaces not undergoing active grading at least twice a day under calm conditions, and as often as needed on windy or extremely drydays. • Wash mud -covered tires and under -carriages of trucks leaving constructions sites. • Provide for street sweeping, as needed, to remove dirt from roadways left behind by vehicles leaving the project site. • Cease grading, cleaning, earthmoving, or excavation operations during periods when winds exceed 25 miles per hour. • The Contractor shall maintain contact with a meteorologist for current information about average wind speeds. The Contractor will be responsible for watering the work area where dust is generated from public traffic, Contractor's operations, and wind. Contractor's area of operations includes areas outside of the roadbed limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above described areas in the project area during the life of the project, including holidays and weekends. Payment for maintaining dust control and air contaminates within the project area shall be included in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. 1.11 Water The Contractor shall make arrangements with the Coachella Valley Water District to obtain water from designated fire hydrants at or near the project for use in dust control and soil compaction. It shall be the responsibility of the Contractor to pay for the water and any deposits required. Water shall not be taken from any commercial or residential systems without the express written consent of the owner. The cost to furnish and apply water shall be included in the lump sum unit bid prices for the various contract items, and no additional compensation will be allowed therefor. 50 1.12 Water Pollution Control BMPs The Contractor shall identify site specific Best Management Practices (BMPs) to be implemented during construction to minimize the potential pollution of storm water runoff and receiving waters. The identified BMPs shall be practices designed to minimize or eliminate the discharge of pollutants from the construction site and the Contractor's construction activities, including, but not limited to: Good housekeeping practices for solid and sanitary/septic waste management, vehicle and equipment cleaning/maintenance, and material handling and storage. Construction procedures such as stabilized construction access points, scheduling/phasing to minimize areas of soil disturbance, soil stabilization and erosion /sediment control. Measures to control debris disposal, releases of sediment laden liquids, spills, leakage and dumping and to prevent illicit connections during construction must be addressed through structural as well as non-structural BMPs. Staff must be trained in storm water management. The Contractor shall be responsible throughout the duration of the project for placing, installing, constructing, inspecting and maintaining the BMPs, and for removing and disposing of temporary BMPs. Unless otherwise directed by the Engineer or specified in these detailed specifications, the Contractor's responsibility for implementation shall continue throughout any temporary suspension of work. Storm water and Non -Storm Water Pollution Control Work shall conform to the requirements in the latest version of the CA storm Water Quality Association (CASQA) Handbook, entitled "California Storm Water BMP Handbook -Construction". A copy of the "California Storm Water BMP Handbook -Construction" hereinafter referred to as the "CASQA Handbook", may be obtained from CASQA, Post Office Box 2105, Menlo Park, California 94026-2105. Telephone: 650-366-1042. Copies of the handbook can also be downloaded from the CASQA Internet site at httos://www.casga.orq/resources/bmp-handbooks. In the event the Palm Desert Housing Authority incurs any Administrative Civil Liability or Mandatory Minimum Penalty (fine) imposed by the CRWQCB — Colorado River Basin Region, as a result of the Contractor's failure to fully implement the provisions of this section and permit requirements, "Strom Water and Non -Storm Water Pollution Control", the Engineer may, in the exercise of the his sole judgment and discretion, withhold from payments otherwise due Contractor a sufficient amount to cover the Civil Liability. Liability for "Negligent Violations" may be in an amount up to $50,000 per day deemed occurrence while "Knowing Violations" can result in fines as high as $250,000 and imprisonment. 51 The cost for implementing project -specific Best Management Practices (BMPs) and associated work shall be included in the contract prices paid for various items of work and shall include preparing, obtaining approval of, and installing, constructing, maintaining, removing and disposing of BMPs according to detailed specifications in the latest version of the CA storm Water Quality Association (CASQA) Handbook, entitled "California Storm Water BMP Handbook -Construction", and as directed by the Engineer, and no additional compensation will be allowed therefor. 1.13 Cleanup and Restoration of Surfaces The Contractor is responsible to keep streets within the construction area clean at all times. Any sweeping performed by the City crews due to the construction work shall be charged to the Contractor at overtime rates. The Contractor shall, as directed by the Engineer, remove from all public and private property at its own expense all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work areas obtained by the Contractor. All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after construction, be restored to a condition at least equal to that which existed prior to construction. All restoration shall be in -kind except in those areas where details indicate to the contrary. The details of those areas will govern. Where the removing of existing walls or the installation of new walls will disturb existing landscaping, it shall be protected, watered, and maintained until it is reinstalled, or it shall be replaced in kind. All removal, maintenance, and replacement of existing landscape shall be performed by a licensed C-27 Contractor. Restoration shall include, but not be limited to, the replacement of any damaged sidewalk, landscape planting, landscape irrigation systems, and pavement or pavement striping which is disturbed by the CONTRACTOR'S operations in the course ofwork. Contractor shall protect existing buildings, paving, landscaping, and other services or facilities on -site and adjacent to the site from damage caused by site work operations and access to the site. Cost of repair and restoration of damaged items shall be at the Contractor's expense. Contractor shall protect and maintain streetlights, utility poles and services, traffic signal control boxes, curb boxes, valves and other services, except items designated for removal. Contractor shall also provide for temporary relocation, when required, to maintain facilities and services in operation during construction work. It shall be the Contractor's responsibility to conduct his operations in such a manner so as to prevent damage to existing substructures. In the event of substructure damage, the Contractor shall bear full responsibility and total expense for repair and/or replacement of said substructure. 52 Contractor shall protect and maintain existing profile grades and street cross -fall. Deviations from the above, whether in plan or field, shall be identified to the Engineer prior to any work. Cost of repair and restoration shall be at the Contractor's expense. The cost for this work shall be included in the unit prices bid for the various contract items, and no additional compensation will be allowed therefor. 1.14 Protection and Preservation of Existing Facilities This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other construction areas, their modification, reconstruction, or replacement and their demolition and removal, as specified, shown or required. Types of existing improvements and services consist of but are not limited to existing roads, sidewalk, landscaping, irrigation, signs, ditches and associated structures; private residences, landscaping, irrigation, water appurtenances, and telephone lines, buried communications cable, buried water pipe, buried gas pipes, buried sewer pipe; walls, fences and gates. To the best extent possible, the locations of such facilities are shown. Facilities other than those shown may exist and Contractor shall at all times, exercise care to avoid physical damage to or disruption in the service of existing facilities. Where underground main distribution conduits such as water, gas, sewer, electric, telephone or cable television are shown on the Plans, the Contractor, for the purpose of preparing a bid, shall assume that every adjacent property will be served by a service connection for each type of utility. Damage caused by Contractor's operations to facilities that are shown or otherwise indicated to Contractor by Engineer shall be repaired or replaced by and at the expense of Contractor. The Contractor shall take all precautions to protect all existing improvements unless otherwise noted. Contractor shall remove, modify and reconstruct all walls, fences, gates, and enclosures as necessary for construction. The relocation and reconstruction of such structures shall in general be performed at or adjacent to the limits of the rights -of -way unless directed otherwise. Existing residential properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired to the satisfaction of the residents within forty-eight (48) hours of report of the damage. Private equipment adjacent to private residences and businesses that must be disturbed in order to install the project work must be protected and restored to operating condition in its new location within forty-eight (48) hours. The equipment may be located in a new place only if acceptable to the private business or homeowner. If damage is caused by the Contractor's operation, the Contractor shall, at his expense, repair or replace the damaged facilities promptly in accordance with the Standard Specifications and as directed by the Engineer. 53 The cost for this work shall be included in the unit prices bid for the various contract items, and no additional compensation will be allowed therefor. 1.15 Measurement and Payment The cost of all labor, material and equipment necessary to complete the work as described in the plans and specifications shall be included in the prices for each bid item, either as a unit price, lump sum or by final pay quantity, whichever is indicated. The final payment of quantities will be based on the actual amount of materials installed or measured on the job at the unit price quantities, excluding final pay items and lump sum items. Certified weigh -master load tickets will be required for all Asphalt Concrete pavement material and Portland Cement Concrete material delivered to the site. No payment will be made for any materials not accompanied by such a load ticket. The contract unit price shall include all labor, material and equipment costs necessary to complete the work, even though not shown or specified. A bid item will be considered complete when all necessary work has been completed and accepted by the City, including site cleanup. 1.16 Exhibits and Specifications (As-Builts) The Contractor shall maintain on the job site, a set of full specifications, to which the Engineer shall have access at all times. The Specifications and other Contract Documents will govern the project. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Exhibits, or on the Exhibits and not in the Specifications, shall be as though shown or mentioned in both. On these exhibits, the Contractor shall mark all as -built conditions, locations, configurations, and other details, which may vary from the details represented on the original drawings. This master record of as -built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work. In the case of those drawings, which are superseded by final shop drawings, the as -built drawings shall be updated by indicating how those portions are superseded. The Engineer at the progress meetings shall review the as -built drawings. If the as- builts are not made available or have not been maintained up-to-date, additional retention may be held for failure to produce as- builts that have been maintained up-to-date. Upon completion of the work and prior to final acceptance, legible, as -built drawings shall be turned over to the City, and no additional compensation will be allowed therefor. 1.17 Differing Conditions During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if 54 unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering those conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Contractor shall promptly notify the Engineer and the Palm Desert Housing Authority by telephone and in writing upon discovery of and before disturbing, any physical conditions differing from those represented by approved plans and specifications. In the event this notification is not performed, the Contractor shall assume full responsibility for necessary revisions. Any request for additional compensation, including time, arising from such discovery shall be submitted to the City no later than ten (10) days after discovery, or no additional compensation will be allowed therefor. 1.18 Offsite Work Offsite grading or other construction work is not permitted without prior written permission of the affected offsite property owner. Work shown outside of the right -of- way cannot commence until approval in writing is obtained from offsite property owners and such approval is delivered to the City. 1.19 Noise Abatement A maximum noise level limit of eighty-five (85) decibels at a distance of fifty (50) feet shall apply to all construction equipment on or related to the project whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. The use of generators or other mechanical devices between the hours 5:00 p.m. and 6:00 a.m. shall not be permitted unless approved by the Engineer. The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided i n favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 1.20 Order of Work Contractor shall order equipment and materials and provide Engineer written confirmation of orders from vendors. The Contractor shall notify City Public Works Inspector assigned to the project of his intent to begin work at least two (2) days before work is begun. 1.21 Construction Schedule The Contractor shall prepare a critical path method (CPM) construction schedule for this contract in conformance with the Provisions in Section 6-1, "Construction Schedule and Commencement of Work," of the Standard Specifications. 55 Unless otherwise provided, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The work shall start within (ten) 10 consecutive calendar days thereafter, and be diligently prosecuted to completion within the time provided in the Specifications. On a biweekly basis, the Contractor shall submit an updated schedule reflecting the work progress for the previous two weeks. If, at any time, the updated schedule shows project completion ten or more working days behind schedule, the Contractor will be required to submit a recovery schedule showing how the original completion date will be met. After the recovery schedule has been found to be acceptable by the Engineer, it will be used to govern work until the original schedule is recovered. On a weekly basis, the Contractor shall submit a task schedule reflecting the work scheduled for each day for the following two weeks. Compliance with the scheduling requirements of this section is of the essence of this contract. Failure to comply with the requirements of this section may result in the City retaining money from the monthly pay request. 1.22 Hours of Operation Unless otherwise approved by the Engineer, the Contractor shall not perform construction operations or maintenance of equipment outside the following Hours of Operation for this project: Mav 1 through September 30 Weekdays (MTWTF): Weekends (Saturday & Sunday): Work Holidays (Observed by City): October 1 through April 30 Weekdays (MTWTF): Weekends (Saturday & Sunday): Work Holidays (Observed by City): 5:30 AM to 7:00 PM No Work No Work 7:00 AM to 5:30 PM No Work No Work Failure to observe these work hours may result in a citation being issued to the offenders by the police department. 1.23 City Furnished Equipment City will not furnish equipment for this project. The Contractor shall order equipment and provide Engineer written confirmation of equipment orders from vendors. 1.24 Coordination with Other Contractors The City expects to have one or more separate Contractors/utility companies working in the same area at the same time. Contractor shall coordinate and cooperate with any 56 and all separate Contractors at no additional cost to the City. Such coordination may include, but will not be limited to, participating in regularly scheduled or special meetings with City, residents, and/or other Contractors; sharing work and materials storage areas; scheduling work to coincide with work of another Contractor and to minimize disruption to residents; and similar tasks requested by the City. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 1.25 Property Owner Contact The Contractor shall designate an employee to be the "Property Owner Contact". The Property Owner Contact shall be available by a dedicated cell number during all work hours for constituents' complaints and concerns. Messages left prior to 5:00 p.m. shall be returned that same business day. Messages left after 5:00 p.m. shall be returned prior to 10:00 a.m. the following business day. The Property Owner Contact is responsible to address constituents' concerns to the satisfaction of the constituent. The Property Owner Contact is responsible for all coordination of work on a constituents' property. Constituents shall receive ninety-six (96) hours' notice prior to the start of work on the constituents' particular property. The Property Owner Contact shall be available for introduction at the pre -construction conference. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 57 SECTION 2 — SPECIAL PROVISIONS (Standard Specifications for Public Works Construction) 2.1 Mobilization The price paid for mobilization, bonds and insurance includes all costs associated with all phases, as described in order of work, insurance, bonds, required permits and fees, shop drawings, moving onto the job (mobilization), moving off the job (demobilization), preparation of project schedule, project phasing, supervision, coordination of concurrent work with other Contractors, meetings, and work required to perform the work indicated in the plans and specifications. Mobilization shall be measured and paid for at the contract lump sum prices for the contract items and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals , and for doing all the work involved in mobilization as specified herein and in accordance with Section 9-3.4 of the Standard Specifications. No additional compensation will be allowed therefor. 2.2 Traffic Control The Contractor shall furnish and install traffic control in accordance with the CAMUTCD Manual and the WATCH Manual, Section 1.11 of this specification and the Encroachment Permit. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed the Engineer, shall be considered as included in the lump sum bid prices for the contract items, and no additional compensation will be allowed therefor. 2.3 Removals Items for removal as indicated in the specifications shall be removed and disposed of in accordance with Section 300-1 of the Standard Specifications. This item of work is included in the contract lump sum bid prices for the contract items, and no additional compensation will be allowed therefor. 2.4 Barricade Barricade shall conform to the provisions in Section 206 and 304-2.2, of the Standard Specifications, the County of Riverside Transportation Department Standard No 810 and these Special Provisions. The barricade shall be measured and paid for at the contract lump sum bid prices for the contract items, and no additional compensation will be allowed therefor. Payment shall include full compensation for all labor, materials, tools and equipment and for doing all the work involved in placing the barricades. 58 SECTION 3 — SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS "THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 3.1 General Description of the Scope of Work and Services One Quail Place Apartments ("One Quail Place") and Candlewood Apartments ("Candlewood") are both multi -family apartment properties located at 73-510 Fred Waring Drive and 74000 Shadow Mountain Drive, Palm Desert, California respectively (the "Properties"). The Properties consists of five (5) community pools of which three (3) are in need of being repaired at One Quail Place and one (1) at Candlewood. The Contractor is expected to complete construction services for all phases of the repairs. Repairs include the removal and replacement of the following: the Kool-Deck, seal joints, coping, pool tiles, underwater pool lights, and plaster throughout the Properties (the "Project"). Bids are to be comprehensive including site preparation, removal and replacement, saw cutting, etc. Each bidder shall be responsible to field verify actual quantity and shall promptly report any discrepancy to the Housing Authority Project Manager, Carlos Hernandez. Payment will be based upon lump sum bid price for the project, complete and in place together with any and all appurtenances required by the work. The Contractor will be required to provide and use all the proper and necessary labor, tools, implements, equipment, materials, supplies, incidentals and supervision (including professional services and permit fees as required) to complete all phases of the work as required by the Contract Documents. The work shall consist of, but not limited to, the following as it may apply: a. Site Preparation and Mobilization b. Pedestrian Traffic Control and Access to Residences Plan c. Distribution of Resident notifications (forty-eight hours prior to commencement of work) d. Removal of materials, debris and worksite clean-up Work locations are limited to the community pools as identified on the attached site map. A site map of both Properties included herein identifies the location of the pools that this work will affect. All work shall conform and adhere to current and applicable 2016 California Building Code (CBC) and City of Palm Desert adopted standards and practices, and/or any other 59 applicable codes or requirements. The Authority, or its designee, shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which the work performed under this contract is made and payment for work completed. The Authority shall decide questions that may arise relative to the fulfillment of the contract or the obligations of the Contractor hereunder. In all cases the Authority, or its designee, shall have complete and sole discretion in determining conformance and acceptability of the work performed by the contractor. The Authority is expecting to award construction to one contractor; not as separate contracts; however, retains the right to award to multiple contractors in the best interest to the Authority. The quantities of materials to be removed and replaced have been estimated and in no way bind or limit the Authority to the actual amount of work to be performed or the quantity of materials to be furnished. The Authority estimated the quantities according to the known quantity of materials that need to be replaced, therein the Authority reserves the right to increase or decrease the project scope. 3.2 Scope of Work SUPERCEEDED BY EXHIBIT "A" OF SHORT FORM CONSTRUCTION CONTRACT The City Is accepting bids for pool deck repair and resurfacing at four (4) community pools. Scope: a. Furnish all labor, material, equipment, transportation, and any necessary incidentals to repair and resurface the existing pool decks required for the improvements to be made complete and in place b. Furnish all labor, material, equipment, transportation, and any necessary incidentals to repair and re -plaster the existing pools and spas c. Saw cut new expansion joints in the existing pool deck to relieve stress and minimize cracking d. Rout grind cracks and fill with flexible epoxy e. Scrape and grind pool deck to remove existing pool deck surfaces f. Remove all joint sealants according to quantities shown on the bid schedule and field verified by the Contractor g. Remove all 12" coping around pools and spas h. Scrape and grind pool plaster to remove existing pool and spa surfaces i. Remove all tile at waterline and stairs of pools and spas j. Remove existing lighting fixtures of pools and spas (One Quail Place only) k. Remove existing line drains and replace in kind; Contractor to ensure line drains are fully functional I. Install new joint sealants 60 m. Apply Kool-Deck (or approved equal) coating in accordance with manufacturer's specifications n. Install new 12" coping (color and style to be approved by the City) o. Apply plaster to shell of pools and spas p. Install City approved tile at waterline (including depth markers) and at edge of stairs q. Use existing electrical and install new underwater lighting (One Quail Place only) r. Paint markings (such as depth, "no diving", etc.) as needed around pools s. Stripe edge of pedestrian access stairs to pool at One Quail Place — Pool No. 1 t. Contractor to drain pool as required for necessary repairs/renovations and to fill pool upon task completion at each site. The City will require a five (5) year warranty for labor and material against any defects including, but not limited to, delamination and discoloration.- SUPERCEEDED BY EXHIBIT "A" OF SHORT FORM CONSTRUCTION CONTRACT Any technical specifications that require "as -built" drawings of the work shall be prepared, provided and the responsibility of the Contractor. 3.3 Contractor required qualifications a. At the time of bid submittal, the prime Contractor must possess a valid State of California Contractor's License(s) in good standing sufficient to perform the work and services for the Project and any other required license, any and all types of required permits, certificates and registrations necessary to perform the scope of work. b. Contractor must have a minimum of three (3) years verifiable experience in installations similar to that necessary for this Project and have completed all projects satisfactorily. Experience shall be of comparable size to the scope of this Project. The Contractor is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing any, contract for similar services. It shall be at the sole discretion of the Authority to deem those Proposers not meeting the preferred minimum qualification of three years as non — responsive as a result those proposers deemed non -responsive shall not be eligible for award. c. Contractor must have the ability to provide an effective and efficient means of identifying and correcting problems for all operations and work throughout the term of the Project. d. Contractor must have a sufficient number of trained and full time, permanent employees, to ensure performance of the work will be performed pursuant to the standards and practices and modern techniques accepted by the industry. 61 e. All employees of the Contractor must be a minimum of 18 years of age. 3.4 Contractor Responsibilities a. The Contractor will be responsible for completing "turnkey" pool repairs at One Quail and Candlewood, including any mobilization, site preparation, permitting, removal, construction, replacement, and installation. Products, components, construction, and installations must comply with applicable codes, standards, and rating methodologies. b. The Contractor shall designate one person who is qualified in scope of work construction ("Contractor Designee") who shall be responsible for the supervision and quality of all work being performed. This person shall be thoroughly familiar with the specified requirements and the methods needed for the proper performance of the work and shall direct all work to be performed. c. The Contractor shall assign the qualified Contractor Designee to serve as primary and only contact for the Authority for purposes of scheduling inspections, emergencies and maintaining communication. The Contractor designee should generally be available during normal working hours to meet with the Authority and/or its designee. The assigned person shall have a telephone and email to permit timely contact by the Authority and must respond to a call or email within 1 hour. d. The Contractor designee shall be able to meet with the Authority on a weekly basis to review work, scheduling, and any other relevant items related to the work performed or site conditions. e. The Contractor shall be responsible for all aspects of the site once the Authority issues a Notice to Proceed. The contractor will only be relieved of this responsibility after project acceptance by the Housing Authority. f. Contractor shall be responsible for carefully verifying the quantities of materials as well as the locations for any proposed work. g. The Contractor is expected to examine carefully the site of the proposed work, specifications, supplemental specifications, special provisions and contract forms, before submitting a proposal. Responsibility for determining any and all existing conditions rests solely on the Contractor. The submission of a proposal shall be considered evidence that the Contractor has made such examination and is satisfied as to the conditions to be encountered in performing the work, and as to the requirements of the site conditions, plans, specifications, supplemental conditions, special provisions and contracts, and no allowance will be made for lack of knowledge concerning such conditions after the contract is signed. 62 3.5 Construction Requirements a. Site Preparation and Mobilization. All site preparation activities will be the responsibility of the contractor and shall clear all conflicts if applicable with any utility services as necessary. It will be the responsibility of the contractor to provide the necessary site survey (if required) to execute the work b. Traffic Control. The Contractor is required to setup necessary traffic control in compliance with the latest editions of the City Standards, State Standard Plans and will use proper traffic control devices per WATCH Manual, including signage, as outlined in the California Manual on Uniform Traffic Control Devices (MUTCD). Any Encroachment Permit or other necessary permits will be the responsibility of the Contractor including fees. 1 The compensation for furnishing, placing, maintaining and removing traffic cones, advance warning signs and other safety devices, as required for public safety or as directed the City Engineer, shall be considered as included in the contract lump sum price paid and no additional compensation will be made therefor. c. Access to Residence Plan. Contractor shall provide and post temporary "NO ACCESS" signs during construction, forty eight (48) hours in advance of commencing work and shall be placed at the restricted area. Signs shall be supplied by the contractor and be constructed as follows: 1. Signs shall be 18" X 18" posted on Type I barricades. 2. Lettering color shall be red on white background. 3. Markings and materials will be suitable so as to withstand exposure to inclement weather. 4. Signs shall be posted in a manner as to allow unobstructed visibility of the restricted areas. 5. Signs shall not be posted on private property. 6. Signs shall be securely fastened but in such a manner as to not damage the item to which they are affixed. 7. All costs for furnishing, posting and maintaining the necessary signs shall be included in the Total Bid Price for the project and the Contractor shall be awarded no additional compensation for performing this function. 3.6 Inspection of the Work a. There will be inspections of this project to ensure strict adherence to the specifications and contract documents. b. Inspections of the work will be made based on the submitted and approved work schedule. Inspections will be performed at times mutually agreed upon by the Authority and the Contractor. Inspections may occur with or without prior notice to Contractor. 63 c. Any work done in a manner unacceptable to the Authority and its designee, and/or not consistent per current Building Standards, shall not be accepted or paid for by the Authority until Contractor has taken corrective action. Corrective action shall be performed at no additional cost to the Authority. END OF TECHNICAL SPECIFICATIONS 64 APPENDIX A PROJECT LOCATION EXHIBITS 65 WWOre O O > Q W = O z W 0 0 m W W w U O Z~ O K W W— Z U F a 0 a z OWcr0WO z rta00fU PROJECT LIMITS 0 z W 0 W J REMOVED AND REPLACED me_, O O VI U 0 0 0 a U Z Q Ld X. a 0 U a 0 Z a 0 W 0 W 0 - 4 U Z a oEr) O N W 4 Z a W Z X O) W N w W co Q �0 iz0 Qz 0_ E 00g az U ct U EXHIBIT A 1 - CANDLEWOOD POOL Wcr 0 0 1 0 JZ 0 0 L- < O cL U \ o Q ¢ z a ,,, a Cr ¢ - Z W ti 0 - LL ¢ _ ' ) U U Ct CL Z - ,- Q WO} p Nw z 7ZOv W�� PROJECT LIMI IS 0 TO BE REMOVED AND 0 IO BE REMOVED Z 0 0) 0 W N FA !n CI W 0 O 2ZO < Z Q_ ,— 000g a Z 0 0 EXHIBIT A.2 - ONE QUAIL PLACE - POOL NO 1 a 0 O z_ - Z J 0 L a O Q co U \ O a a Z 0 z w 0 w J PROJECT L MITS COPING TO BE RE MOVED AND e �0)0 W N WMm °OI 2Z0 Z aw~ 00� aZ O U EXHIBIT A 3 - ONE QUAIL PLACE - POOL NO. 2 r ±} 0 41\ Contract No. HA39210 EXHIBIT "C" SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the Housing Authority four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Authority and included as Exhibit "F" to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Authority. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. Exhibit C Revised 10-29-19 Contract No. HA39210 EXHIBIT "D" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. By: OJEDA POOL AND SPA Signature Name (Print) Title (Print) Exhibit D Revised 10.29-19 Contract No. HA39210 EXHIBIT "E" PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.' Name of Contractor: DIR Registration Number: DIR Registration Expiration: Small Project Exemption: Yes or No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive. Name of Contractor: Signature: Name and Title: Dated: If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." Exhibit E Rev 10-19 Contract No. HA39210 EXHIBIT "F" PAYMENT AND PERFORMANCE BONDS Exhibit F Rev 10-19 Contract No. HA39210 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Housing Authority of Palm Desert (hereinafter referred to as "Authority") has awarded to Ojeda Pool and Spa, (hereinafter referred to as the "Contractor") an agreement for Community Pool Improvements Located at Candlewood and One Quail Place Apartments (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 26, 2019, (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 Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Oieda Pool and Spa, the undersigned 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 Authority in the sum of Three Hundred Twenty -Six Thousand Sixtv-and 17/100 DOLLARS, ($326,060.17), said sum being not Tess 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 assigns, 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, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, 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 Authority, 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 completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Authority, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Authority from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Authority'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 the Authority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority's option: Exhibit F-2 Contract No. HA39210 (1) Take over and complete the Project in accordance 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 determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, 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 paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Authority 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, Tess 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 paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority may reject any 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 Authority, when declaring the Contractor in default, notifies Surety of the Authority's objection to Contractor'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 Contract 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, alteration 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. [Signatures on Next Page] Exhibit F-3 Contract No. HA39210 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20—)• (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title 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. Exhibit F-4 Contract No. HA39210 Notary Acknowledgment A notary public or other officer completing this certificate 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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaAuthority(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 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 document and could prevent fraudulent removal and reattachment of this form to another document. CAPAAUTHORITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) Title or Type of Document ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Exhibit F-5 Contract No. HA39210 Notary Acknowledgment A notary public or other officer completing this certificate 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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaAuthority(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 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 document and could prevent fraudulent removal and reattachment of this form to another document. CAPAAUTHORITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) Title or Type of Document ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of - Attorney to local representatives of the bonding company must also be attached. Exhibit F-6 Contract No. HA39210 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Housing Authority of Palm Desert (hereinafter designated as the "Authority"), by action taken or a resolution passed February 27, 2020 has awarded to Ojeda Pool and Spa hereinafter designated as the "Principal," a contract for the work described as follows: Community Pool Improvements Located at Candlewood and One Quail Place Apartments (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 August 26, 2019 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors 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 or 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 Authority in the penal sum of Three Hundred Twentv-Six Thousand Sixtv-and 17/100 DOLLARS. ($326,060.171 lawful money of the United 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 said Principal, his or its subcontractors, heirs, executors, administrators, successors 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 amounts 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 contractor 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, and also, in case suit is brought upon this bond, all litigation expenses incurred by Authority in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. 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 Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, Exhibit F-7 Contract No. HA39210 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 of 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 right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under 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 Authority and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification 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 (Corporate Seal) By Title 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 much 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. Exhibit F-8 Contract No. HA39210 Notary Acknowledgment A notary public or other officer completing this certificate 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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaAuthority(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 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 document and could prevent fraudulent removal and reattachment of this form to another document. CAPAAUTHORITY CLAIMED BY SIGNER Individual -1 Corporate Officer Partner(s) Title(s) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator -I Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Exhibit F-9 Contract No. HA39210 Notary Acknowledgment A notary public or other officer completing this certificate 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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaAuthority(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 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 document and could prevent fraudulent removal and reattachment of this form to another document. CAPAAUTHORITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) ❑ Limited O General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of - Attorney to local representatives of the bonding company must also be attached Exhibit F-10 t{A+1AYA-3,.4c t�Vee.4Y;R'pAit-STR , 0 N Etio"Tor J ink' 'a.- e>:e reV -PPiVATE-ROAD — SANYA-R15*WAY---0 NICO 9-AvENtiE--- CATAL A -WA% — N - OUAOAL EN Oi►L{EY :;fSHISAY-IS 4. f — COA it I- - RUTL GE -WAY E T-ST VENUE RDO-DRIV£ ttRWz RE -WANN II e/V�CTJt<'-AVENUE j.nTA'POS*t �1 u /aTANN*-W ;a -ELSORTEZ AY--\\ — - Z*WAY w: -PktNI- iESENT-DRIVE3- JOSNUA-TREESTTREET JUNIPER-STR INYON-STR RONWOOD-S ii = s OG EAA •1 Community Pool Improvements Located at Candlewood and One Quail Place Apartments 0 -OESERW-DRW E 9 tN0 ROSPECTORTRAH_ 1: 13,544 'Notes Project No 832-19 Contract No HA39210 d O