HomeMy WebLinkAboutC37910 - Santa Rosa Cmmty Garden Renocc X l
Contract No. C37910
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: February 14, 2019
PREPARED BY: Randy Chavez, Landscape Supervisor
REQUEST: Award Contract No. C37910 in the Amount of $55,944 to Urban
Habitat of La Quinta, California, for the Santa Rosa Community
Garden Renovations (Project No. 997-19)
Recommendation
By Minute Motion: 1
Award Contract No. C37910 in the amount of $55,944 to Urban Habitat
of La Quinta, California, for the Santa Rosa Community Garden
Renovations (Project No. 997-19);
2. Authorize the Director of Finance to set aside a 10 percent contingency in
the amount of $5;594.40, and
3. Authorize the Mayor to execute the Agreement.
Park Funds are not available for this project. However, funds are available in the
unobligated General Fund Account No. 1104618-4400100.
Strateqic Plan
The ongoing renovations of the City's Community Gardens uses recycled material,
reduces water use, and contributes to promoting healthy community principles through
sustainable gardening, thereby furthering the goals outlined in the strategic Plan
Objectives as follows:
• Energy and Sustainability — Priority 1: Reduce per capita consumption of energy
and water, and Priority 2: Promote greater usage of more sustainable materials.
• Parks and Recreation — Priority 3: Make recreational and exercise opportunities
pervasive in all public spaces.
Background Analvsis
The Robert A. Spiegel Community Gardens (Guadalupe, Catalina, San Nicholas, and
Santa Rosa) are located along the west side of San Pablo Avenue between Royal Palm
Drive and Santa Rosa Avenue. The boxes were originally constructed in the late 1990's
using a product that could not withstand the desert climate. The Guadalupe and Catalina
February 14, 2019 - Staff Report
Award Contract No. C37910 to Urban Habitat (Project No. 997-19)
Page 2 of 2
gardens were renovated in 2015 and 2016 with the San Nicholas garden being completed
in 2017/2018. Needless to say, the gardens are very popular with our gardening
community.
On October 11, 2018, the City Council approved purchasing the replacement planter
boxes from Greenday, LLC, of Indio, California. The new boxes are made using recycled
glass and concrete that is produced in the Coachella Valley. The material is manufactured
using a minimum 70 percent post -consumer glass, this minimizes the maintenance costs
while increasing the longevity of the planter boxes.
The award of Contract No. C37910 is for the components necessary to complete the
renovation of the Santa Rosa Community Garden. This includes drip irrigation, new
planting soil and wood chips to finish the Garden. The Project was appropriately
advertised for bid, and on January 16, 2019, sealed bids were received and opened by
the Office of the City Clerk with the following results:
Contractor Location Bid Amount
Urban Habitat La Quinta, CA $55,944 1
Kirkpatrick Landscape Indio, CA $61,836 1
Horizon Professional Landscape Coachella, CA $88,800 1
Desert Concepts Construction Indio, CA $125,000 1
Fiscal Analvsis
There is no fiscal impact beyond the cost to implement the project.
LEGAL REVIEW
Approved as to Form
N/A
DEPT: REVIEW FINANCIAL CITY MANAGER
REVIEW
14
Robert W. Hargreaves Tom Garcia, P.E.
City Attorney Director of Public Works
CONTRACTOR: Urban Habitat
PO Box 1177
La Quinta, CA 92247
ATTACHMENTS: 1) Agreement
2) Contractor's Bid
3) Vicinity Map
( Janet Moore Lauri Aylaian
Director of Finance City Manager
CONTRACT NO. C37910
CITY OF PALM DESERT
SHORT FORM CONSTRUCTION CONTRACT
SANTA ROSA COMMUNITY GARDENS RENOVATIONS (PROJECT NO.997-19)
1. PARTIES AND DATE.
This Contract is made and entered into this 141h day of Februarv. 2019, by and between the City
of Palm Desert, a municipal corporation 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 ("City") and Urban Habitat a Corporation with its principal
place of business at PO Box 1177. La Quinta, California, 922 ("Contractor"). City and Contractor
are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Cam. City is a public agency 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 City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
renovations to the Santa Rosa Community Gardens related construction services 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 City. - The following
license classifications are required for this Project: Class A Contractor's License and/or anv
combination of Class "C" specialty Contractor's License(s) sufficient to perform the work.
2.3 Project. City desires to engage Contractor to render such services for the Santa
Rosa Communitv Gardens Renovations ("Project') as set forth in this Contract.
2.4 Proiect Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, Performance Bond. Pavment Bond, and Department of Industrial Relations
Registration Certification, 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")
• Latest 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
72500.00001\31605522.1 Rev11-9-18
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 Obliaation: Scope of Work. Contractor promises and agrees,
at its own cost and expense, to furnish to the City 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 performedin 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 Chanae 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 City.
3.2.1.1 Chanae 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 City. 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 City 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) Chanaes Ordered by City. City 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 kadditional Contract Time,
Contractor shall request a Change Order within seven (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) Chanaes Reauested by Contractor. With respect to any matter that may
involve or require an adjustment to the Contract Time or the Contract
2
72500.00001\31605522.1 Rev 11-9-18
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 Substitutionsf'Or Eaual". 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.
3.3 Period of Performance and Liauidated Damaaes. Contractor shall perform and
complete all Work under this Contract within 21 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 City.
Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or
3
72500.00001\31605522.1 Rev 11-9-18
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 City will suffer damage. Pursuant
to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages the sum of Five Hundred and 00/100 dollars ($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 Emplovees. 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 City
Business License, and that such licenses and approvals shall be maintained throughout the term
of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall
perform, at its own cost and expense and without reimbursement from the City, 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 City 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 City, shall be promptly removed
from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Pavment of Subordinates: Contractual Relationship. City retains
Contractor on an independent contractor basis and Contractor is not an employee of City. 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 Citv's Basic Obliaation. City agrees to engage and does hereby engage
Contractor as an independent 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 City 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.
3.7 Compensation and Pavment.
3.7.1 Amount of Compensation. As consideration for performance of the
Work required herein, City agrees to pay Contractor the Total Contract Price of Fiftv-Five
Thousand Nine Hundred Fortv-Four and 00/100 Dollars ($55,944.00) ("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 City.
4
72500.00001\31605522.1 Rev 11-9-18
3.7.2 Pavment of Compensation. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon.
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City 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 City an itemized
application for payment in the format supplied by the City 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 City 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 City and in such detail and
form as the City 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 City within thirty (30) days from the last date of the Work
or termination in accordance with section 3.18.3 and failure by the Contractor to submit a timely
invoice shall constitute a waiver of its right to final payment.
3.7.3 Prompt Pavment. City 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. However, 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, five
percent (5%) will be deducted and retained by the City, 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 City may
deduct from each progress payment an amount necessary to protect City 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 City 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 scheduled completion date; (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 City 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 City, incurred by the City for
which Contractor is liable under the Contract; and (11) any other sums which the City 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 City to deduct any -of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
-3.7.6 Substitutions for Contract Retentions. In accordance with California
Public Contract Code Section 22300, the City will permit the substitution of securities for any
monies withheld by the City to ensure performance under the Contract. At the request and
expense of Contractor, securities equivalent to the amount withheld shall be deposited with the
City, or with a state or federally chartered bank in California as the escrow agent, and thereafter
the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion
5
72500.00001\31605522.1 Rev 11-9-18
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 City 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
City.
3.7.7 Pavment 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 City at the time of payment. To the
extent that title has not previously been vested in the City by reason of payments, full title shall
pass to the City 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 City, 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 City 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 City.
3.8 Labor
3.8.1 Prevailina Waaes. Contractor is aware of the requirements of
California Labor Code Section 1720 et seq., and 1776 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 fora public works project or $15,000 or more for a maintenance project,
Contractor agrees to fully comply with such Prevailing Wage Laws. City 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
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 City, 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
6
72500.00001\31605522.1 Rev 11-9-18
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 Pavroll 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 City, 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
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.
7
72500.00001\31605522.1 Rev11-9-18
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 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.
3.9 Performance of Work: Jobsite Obliaations.
3.9.1 Water Qualitv Manaaement and Compliance.
3.9.1.1 Water Qualitv Manaaement 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.
3.9.1.3 Other Water Qualitv Rules Reaulations and Policies. Contractor
shall comply with the lawful requirements of any applicable municipality, drainage City, 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,
8
72500.00001\31605522.1 Rev 11-9-18
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 Liabilitv 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 City and its directors,
officials, officers, employees, volunteers and agents for any alleged violations. In addition, City
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 Riaht to Defend. City reserves the right to defend
any enforcement action brought against the City 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 City
for the costs (including the City's attorney's fees) associated with, any settlement reached
between the City and the relevant enforcement entity.,
3.9.1.7 Traininq. In addition to the standard of performance
requirements set forth in paragraph 3.4, 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 City, 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, City 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.
3.9.3 Laws and Reaulations. 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 City in writing. Any necessary
changes shall be made by written change order. If Contractor performs any work knowing it to
9
72500.00001\31605522.1 Rev 11-9-18
be contrary to such laws, rules and regulations and without giving written notice to the City,
Contractor shall be solely responsible for all costs arising therefrom. City 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. Contractor shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of
any failure or alleged failure to comply with such laws, rules or regulations.
3.9.4 Permits and Licenses. Contractor shall be responsible for securing City
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 City permits,
Contractor shall pay the City'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 Trenchina 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 City'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 Differina 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 City . 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 City; and (3) - unknown physical conditions of an unusual nature at the site,
significantly different from those ordinarily encountered in such contract work. Upon notification,
City 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 Underaround Utilitv Facilities. To the extent required by Section 4215
of the California Government Code, City 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 City to provide for removal or
relocation of such utility facilities.
3.9.8 Air Qualitv. 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 (GARB). Although CARB limits and requirements are more broad, Contractor shall
10
72500.00001\31605522.1 Rev 11-9-18
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
City 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 Recvclina 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 City 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 City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City 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
City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price
remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107
of the California Public Contract Code.
3.11 Claims: Government Code Claim Compliance.
3.11.1 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 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 said statutes.
3.11.2 The following requirements apply to all contracts entered into after
January 1, 1991, and all claims to which this section applies:
3.11.2.1 Prereauisites. If any dispute shall arise between the City and
Contractor regarding performance of the work, or any alleged change in the work, Contractor shall
11
72500.00001\31605522.1 Rev 11-9-18
timely perform the disputed work and shall give written notice of a claim for additional
compensation for the work to the City 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 these procedures.
3.11.2.2 Claim Submittal. For purposes of this section, "Claim" means a
separate demand by the Contractor, after a change order duly requested in accordance with the
terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money
or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract,
or (C) an amount the payment of which is disputed by the City. Claims governed by this section
may not be filed unless and until the Contractor completes all procedures for giving notice of delay
or change and for the requesting of a time extension or change order, including but not necessarily
limited to the change order procedures contained herein, and Contractor's request for a change
has been denied in whole or in part. The claim shall be submitted in writing to the City and shall
include on its first page the following in 16-point capital font: "THIS IS A CLAIM." Claims
governed by this procedure must be filed on or before the date of final payment. Nothing
in this section is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims, including all requirements pertaining to compensation
or payment for extra work, disputed work, and/or changed conditions. Failure to ,follow such
contractual requirements shall bar any claims or subsequent lawsuits for compensation or
payment thereon.
3.11.2.3 Supporting Documentation: The Contractor shall submit all
claims in the following format:
(1) Summary of claim merit and price, reference 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) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format
3.11.2.4 Citv's Response. Upon receipt of a claim pursuant to this
Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45
12
72500.00001\31605522.1 Rev 11-9-18
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 public entity issues its written statement. ,
(1) If the City needs approval from the City Council to provide the
Contractor a written statement identifying the disputed portion and
the undisputed portion of the claim, and the City Council 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 Council
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 City and the
Contractor.
(3) 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.
3.11.2.5 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 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.
3.11.2.6 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 identified by the contractor in writing, shall be submitted to
nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The
City 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
13
72500.00001\31605522.1 Rev 11-9-18
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 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.
(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.
(5) 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. 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 or mediation.
3.11.2.7 Civil Actions. The following procedures are established for all
civil actions filed to resolve claims subject to this section:
(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
these procedures. 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.
(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
14
72500.00001\31605522.1 Rev 11-9-18
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.
(A) 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.
3.11.2.8 Government Code Claims. In addition to any and all contract
requirements pertaining to notices of and requests for 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. 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 extra work, disputed work, construction claims, and/or changed
conditions have been followed by Contractor. If no such Government Code claim is submitted,
or if the prerequisite contractual requirements are not satisfied, no action against the City may be
filed. 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 unless a new unrelated claim arises after
the Government Code claim is submitted.
3.11.2.9 Citv's Responses. The City'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. City's
failure to respond shall not waive City's rights to any subsequent procedures for the resolution of
disputed claims.
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
City. In the event of damage proximately caused by an Act of God, as defined by Section 7105
of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3;
provided, however, that the City needs to provide Contractor with, only one (1) day advanced
written notice.
3.13 Indemnification.
3.13.1 Scope of Indemnitv. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold the City, 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
15
72500.00001\31605522.1 Rev 11-9-18
in connection with the performance of the Contractor's services, the Project or this Contract,
including without limitation the payment of all damages, expert witness fees and attorneys' fees
and other related costs and expenses. 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 City or the City's agents,
servants, or independent contractors who are directly responsible to the City, or for defects in
design furnished by those persons.
3.13.2 Additional Indemnitv Obligations. Contractor shall defend, with counsel
of City'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 City 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 City or its officials, employees, agents and authorized
volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City 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 City's attorney's fees and costs, including expert witness
fees. Contractor shall reimburse City 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 City, its officials, employees, agents and authorized volunteers.
3.14 Insurance.
3.14.1 Minimum Requirements. Without limiting Contractor's indemnification
of the City of Palm Desert, 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 City.
3.14.1.1 General Liabilitv 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 $1,000,000 per occurrence, $2,000,000 general
aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 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.
3.14.1.2 Automobile Liabilitv 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 Liabilitv 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
16
72500.00001\31605522.1 Rev 11-9-18
general liability, automobile 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 if the event that any
primary insurance that would otherwise; have applied proves to be
uncollectible in whole or in part for any reason; Pay on behalf of wording
as opposed to reimbursement;
(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 City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents,
employees and
3.14.2 Other Provisions or Reauirements
3.14.2.1 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.
3.14.2.2 Duration of Coveraae. 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 City of Palm Desert and its officers, officials,
employees, and agents shall continue as additional insureds under such policies.
3.14.2.3 Primarv/Non-Contributinq. 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
17
72500.00001\31605522.1 Rev 11-9-18
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.
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 City, its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
3.14.2.6 Citv'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, City has the right, but not the duty, to obtain the insurance it deems necessary
and 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 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 City'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 City of
Palm Desert, 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 City of Palm Desert, 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 City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
3.14.2.9 Reauirements Not Limitinq. 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.
18
72500.00001\31605522.1 Rev 11-9-18
3.14.2.10 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.
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 City of
Palm Desert 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 Coveraae 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.
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 Throuah 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 City for review.
3.14.2.15 Citv's .Riaht to Revise Reauirerrents. 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.
3.14.2.16 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.
3.14.2.17 Timelv 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 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.
19
72500.00001\31605522.1 Rev 11-9-18
3.15 Bond Requirements.
3.15.1 Pavment Bond. If required by law or otherwise specifically requested
by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Contract a Payment Bond in an amount required
by the City and in a form provided or approved by the City. If such bond is required, no payment
will be made to Contractor until the bond has been received and approved by the City.
3.15.2 Performance Bond. If specifically requested by City in Exhibit "C"
attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Contract a Performance Bond in an amount required by the City and in
a form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by,the City.
3.15.3 Bond Provisions. Should, in City'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 City. 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 City, 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 City. To the extent, if any, that the Total Contract Price is increased in accordance
with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If Contractor fails to furnish any required bond, the City may terminate the Contract for
cause.
3.15.4 Suretv 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 City.
3.16 Warrantv. 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
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 City 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 City 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 City 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,
20
72500.00001\31605522.1 Rev 11-9-18
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 City, regardless of whether or not such
warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. 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 City, the City
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 City for any expenses incurred hereunder upon
demand.
3.17 Emplovee/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 Eaual Opportunity Emolovment. 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 Emr)lovment 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.
3.18 General Provisions.
3.18.1 Citv's Representative. The City hereby designates the Director of
Public Works, or his or her designee, to act as its representative for the performance of this
Contract ("City's Representative"). City's Representative shall have the power to act on behalf of
the City for all purposes under this Contract. Contractor shall not accept direction or orders from
any person other than the City'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 City ("'Contractor's Representative"). Following
approval by the City, 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
21
72500.00001\31605522.1 Rev 11-9-18
pr
coordination of all portions of the Work -under this Contract: .Contractor's: Representative shall. .;
devote full time to th. ' Project and. eithe'r fie or his designee; who. shall. be acceptable to the City,
shall be resentat 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. City, shall be. made for emergency Work which may.:
be required.. Should Contractor desire to change its: Contractor's Representative, Contractor sha
provide the information specified.above and obtain the City's written approval.
3.18.3: .: .Termination.: This Contract may be .terminated: by: City at. any time;
either with our :without cause, by giving Contractor three (3) days advance written notice: In the
event of termination. by City for "any reason 'other -than the fault of- Contractor, City, shall - pay .
Contractor for all .Work performed up to that time as provided herein: In the. event of breach of
the Contract.by Contractor; City.. may terminate the. Contract immediately with notice, may
reduce payment to Contractor: in the amount .necessary to offset Gity'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;
City may, procure, upon such terms, and in such'mahher as it may determine appropriate; services
similar to those terminated. Further, if this Contract: is terminated as provided, City may require
Contractor to provide. all :finished or unfinished documents,data, diagrams, drawings, materials
or other matter prepar6d.6r 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" Intergreiation....ShouId :any. question arise regarding: the
meaning or' irhport of any of the provisions of this Contract or written: or:oral instructions from City,
the matter sh '11 be referred to City'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 City all
rights, title., and interest in and to ail -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_ purchases: of
goods, services; or materials pursuant 'to the Contract. This assignment shall be made and "
become: effective at the time the City 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:
sm
CONTRACTOR:
URBAN HABITAT .
PO Box 1177
LA QUINTA, CA 92247 "
ATTN: THERESA BRENNAN, CEO/PRESIDENTJ
CITY:
22
72500.00001\31605522.1 Rev 11-948.
CITY OF PALM DESERT
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260-2578
ATTN: TOM GARCIA, P.E., DIRECTOR OF PUBLIC WORKS
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 City. if Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City 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 Partv 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.
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, City 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, City shall have the right to rescind this Contract without liability. For the term of this
Contract, no director, official, officer or employee of City, during the term of his or her service with
23
72500.00001\31605522.1 Rev 11-9-18
City, shall have any direct interest in this Contract, or obtain any present or anticipated material
benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or
subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required
under state law in the performance of the Work.
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 bylaw 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 Authoritv 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 Citv's Riaht to Emolov Other Contractors. City reserves right to employ
other contractors in connection with this Project or other projects.
[Signatures on Next Page]
24
72500.00001\31605522.1 Rev 11-9-18
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALM DESERT
AND URBAN HABITAT
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 141h day of
Februarv. 2019.
CITY OF PALM DESERT URBAN HABITAT
By:
SUSAN MARIE WEBER
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
By:
Its:
Printed Name:
By:
Its:
Printed Name:
963744
Contractor's License Number and
Classification
1000003890
DIR Registration Number
25
72500.00001\31605522.1 Rev11-9-18
EXHIBIT "A"
SERVICES/SCHEDULE
SCOPE OF WORK
The work to be done consists of installing new irrigation, soil, and wood chips, and furnishing all
labor, materials, necessary tools and machinery, supervision, and all utility and transportation
services required for the construction of necessary in accordance with the bid items in the
Contractor's Bid, the Specifications, and other Provisions of the Contract.
LOCATION OF WORK
44319 San Pablo Avenue, Palm Desert, California, 92260. The Santa Rosa Community Garden
section is located between Sand Santa Rosa Avenue along the west side of San Pablo Avenue.
a
Exhibit A-1
72500.00001\31605522.1 Rev11-9-18
EXHIBIT "B"
PLANS AND SPECIFICATIONS
Exhibit B-1
72500.00001\31605522.1 Rev 11-9-18
EXHIBIT "C"
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts
of the Performance Bond and Payment Bond on the forms supplied by the City 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 City. The Performance Bond and the Payment Bond
shall be for one hundred percent (100%) of the Total Contract Price.
Exhibit C-1
72500.00001\31605522.1 Rev 11-9-18
EXHIBIT "D"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seg., 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.
URBAN HABITAT
By:
Signature
Name (Print)
Title (Print)
11
Exhibit D-1
72500.00001\31605522.1 Rev 11-9-18
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:
t 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-1
72500.00001\31605522.1 Rev 11-9-18
EXHIBIT "F"
PAYMENT AND PERFORMANCE BONDS
Exhibit F-1
72500.00001\31605522.1 Rev11-9-18
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as "City") has awarded
to (hereinafter referred to as the "Contractor")
an agreement for
(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 , (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, 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 City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and 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 City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
i
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 City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused 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 City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City's option:
Exhibit F-2
72500.00001\31605522.1 Rev 11-9-18
(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'City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and, any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of, the contract price,
including other costs and damages for which Surety may be liable. The term
"balance of the contract price" as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City 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 City, when declaring the Contractor in default,
notifies Surety of the City'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.
Exhibit F-3
72500.00001\31605522.1 Rev 11-9-18
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
. 20_).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
day of
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
72500.00001\31605522.1 Rev 11-9-18
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 capacity(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.
Signature of Notary Public
WITNESS my hand and official seal.
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.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑
Limited
General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ 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-5
72500.00001\31605522.1 Rev 11-9-18
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
personally
appeared
20_, before me,
Notary Public,
, 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 capacity(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.
CAPACITY CLAIMED BY SIGNER
❑ 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)
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 the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the bonding company must also be attached.
Exhibit F-6
72500.00001\31605522.1 Rev 11-9-18
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the "City"), by action taken
or a resolution passed , 20 has awarded to hereinafter
designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated ("Contract Documents"), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a 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 City in the penal sum of
Dollars ($ ) 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 City 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,
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
Exhibit F-7
72500.00001\31605522.1 Rev 11-9-18
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 City 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
72500.00001\31605522.1 Rev 11-9-18
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 ,
personally
appeared
20_, before me,
Notary Public,
. 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 capacity(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.
Signature of Notary Public
WITNESS my hand and official seal.
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.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ 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
72500.00001\31605522.1 Rev 11-9-18
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 tome 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 capacity(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.
Signature of Notary Public
WITNESS my hand and official seal.
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.
CAPACITY, CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ 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 the Attorney -in -Fact. The Power -of -
Attorney to local representatives of the,bonding company must also be attached
Exhibit F-10
72500.00001\31605522.1 Rev 11-9-18
C -- CONTRACTOR'S BID
SANTA ROSA COMMUNITY GARDEN RENOVATION
PROJECT NO.997-19
CONTRACT NO. C37910
T. CITY OF PALM DESERT, "CITY"
DATE: 1-16-19
BIDDER: URBAN HABITAT
"CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, SANTA ROSA COMMUNITY GARDEN
RENOVATION, PROJECT NO. 997-19, CONTRACT NO. C37910, hereby proposes to
construct the work in accordance with the Contract Documents, including Addenda No(s).
for the amount stated in this Bid.
By submitting this Bid, the Contractor agrees with the City:
1. That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR before the time specified in the Notice inviting Bids for
the public opening of bids, this Bid constitutes an Irrevocable offer for 60
calendar days after that date.
2 The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
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, bonds, 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 Bidder's
financial standing experience and to perform thework.
5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes
a guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the cash, check or B i d B o n d is to be charged with the costs of
the resultant damages to CITY, including but not limited to publication costs, the
difference in money between the amount bid and the amount in excess of the bid
which costs CITY to do or cause to be done the work.involved, lease and rental
costs, additional salaries and overhead, increased interest and costs of funding
the project, attorney expense, additional engineering and architectural expense
C-1
Ed
and cost of maintaining or construction alternate facilities occasioned by the failure
to execute and deliver said documents.
6. It is lunderstood 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 providedhereln.
�iN • �:1� _ `TEM�DESCRII?zTION� - ,;tUNITS, (QUANTI,TY , -TOTAL
I Santa Rosa Community Garden Lump
Renovation Sum ss 9
TOTALJiID PR10E $ r7
The costs f any work shown or required in the Plans and Specifications, but not
o
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 BID IN FIGURES $
TOTAL AMOUNT BASE BID IN WORDS X / u �. �Nk� Aaa
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of dates?t forth onpage
C-1: B
y. Signature (must be notarized)- _- - -
PRESIDEN
Title: TCEO �•-
C-2
D - INFORMATION REQUIRED OF BIDDER
TO ACCOMPANY BID .
The bidder is required to supply the following information. Additional sheets may be
attached if necessary. Additional information may be required of the successful bidder.
(1) Company Name URBAN HABITAT
(2) Address PO BOX 1177 LA QUINTA A 92247
(3) Telephone No. 140. 34S • 1101
(4) Type of Firm (Individual, Partnership orcorporation) s CORP
(5) Corporation organized under the laws of the State of CALIFORNIA
(6) Contractor's License No. 963799 Exp. Date 07-3I-19
(7) Department of Industrial Relations Contractor Registration number: 1000003890
(8) Email Address of Contractor's DIR Contact theresa@myurbanhabitat . coma
(9) DIR Classifications
(10) Have you or any of your sub -contractors been debarred: Yes ❑ No 0
If yes, provide additional information on a separate sheet.
(11) 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.)
THERESA BRENNAN , C[-O/Mft1 -MIS VOWt rd. 1b, LA UrIkl, CA CtCt%
BRETT BRENNAN ,
tbD -Jgns Wftav& +b, la G ilb, CA g1253
MARION WEED, CmO/noasUYy Aft ftftl) DY.I 00AW, 01_ gJL2Z
(12) List at least three similar projects (on -going or recently completed):
3 t �NarnKAd r s` 1°:= �� -• - _ ......__�:,.; , _ - - - ,. , des=&: �y
: C¢�ontraat Amount: ""� _:Gass of°Work Dat&C6m0letdd:. Telebhone,No.=of Owner
��� - • 7sLa ��22�
2. 1%8i g2�O.r�o �jlJy /l� 1�rr+lSs�
bmg f t/� 7-4G /B c�rY 1N&,ft' OW,
760 V0 -0237
9S7 4722 - 31.40
D-1
(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 bidder 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 Bidder 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
bid. Notwithstanding the foregoing, if the work involves the construction of streets
and highways, then the Bidder shall list each subcontractor who will perform
work or labor or render service to the Bidder 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 subegntractor's°DIR reafstration number may result in the bid
beina reiec_te_d_as non-resconsive.
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:
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 thb site of the proposed
work:
.D=2
(16) 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.
Title:
= Contractor's Signature
D-3
E — PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and subcontractors
that Wish to bid one 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
httvJ/www.dir.ca.aov/Public-Works.html for additional information.
No bid will be acceated nor anv contract entered into without proof of the Contractor's
and Subcontractor's current reaistration with the Department of Industrial Relations to
perform public work.
Bidder herebv certifies that it is aware of the reaistration reauirements set forth in labor,
Code sections 1725.5 and 1771.1 and is currentiv recistered_ as a contractor with the.
Department of Industrial Relations.,
NAME OF BIDDER: URBAN HABITAT
DIR REGISTRATION NUMBER: 1000003890
DIR REGISTRATION NUMBER EXPIRATION DATE: Cbrw•'7 R
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
-M6esi (a, upybPIM64. can
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the.
project.
2. Bidder 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 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 the bid 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: URBAN HABITAT
Signature: Mc��
Printed Name: :THERESA BRENNAN
Title: PRESIDENT/CEO _ Dated: 1-16-19
,,. E-1
I
j• r - 'I r;
F — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
am the'POV ufb(n 4WW', , the party making the foregoing
bid. The bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation. The bid is genuine and
not collusive or sham. The bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham -bid. The bidder has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost- element of
the bid price, or of that of any other bidder. All statements contained in the bid are
true.. The bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
and -has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder 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 bidder.
1 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 t e 1-D-M
day of IA 20 q , at P01M =& %ifj nia
City State _
CONTRACTOR
r rr.
Signature - J
rr' �
Title: THERESA BRENNAN _.
r F=l
G-BIDDER'S BOND
To Accompany Bid :.:. .
KNOW ALL: MEN BY THESE:PRESENTS,
Ttiat.we, Urban Habitat as principal,
and United Fire & Casualty Company as- surety, are held and
.
firmly bound unto Ihe. City of Palm Desert in the sum of $ Ten Percent of bid' (10% of bid) . -
to be paid to the said City or its certain: attorney, its successors and assigns; for which
payment; :we l an truly. to.:be made: we bind. ourselves, our -:heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that. if .the certain bid of the .above
bounden principal to perform certain work described as follows:.
SANTA ROSA COMMUNITY GARDEN :RENOVATION
Project. No: 997-19 .
Contract N.o... C37910
The general items of work to be done hereunder consist-of..installation of irrigation. to
garden planter boxes, installing wood chip: material, gravel, potting soil, and final grading
and dated ranuary 16, 2019 is' accepted by the:City of Paim Desert,. and: ifthe above .
bounden principal Urban Habitat - shall duly enter into . and execute a contract for such
construction, and shall execute and deliver the Performance Bond:and Payment Bond
and insurance cer ificates:as required by said contract, then this obligation shall. becorne
null and void; otherwise it shall be and remain in full force:and effect.
Should :it become necessary:: far the City to 'institute a lawsuit' ' : -or any other legal
proceeding - to enforce tR"irm's -and conditions of this bond,: then, all costs of said
proceeding, including attomey's fees, shall be awarded to the prevailing party..
IN,WITNESS WHEREOF; We, :hereunto, set our Hands arid Sealsthis 11th day: of
:january- 20 19 -
contracbdeii Narri'e. Urban Habitat .
Gntractar's:SignatC4e
(Signature must be notarized)
Tine: Ther�ea Drennan, President
Adci'ress:.. . - mPQy.4Q*.1177, La Quinta, :CA 92247
Telephone: 760-345-1101 .
G-1
Acknowledgment
A notary public or other officer. completing this certificate verifies only; the identity pf 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 i
County of i vi rs—i
On�C�atu:r !, 201 before.ic.,.
personally ap eared' IWA.R
who proved: to me on the basis of
satisfactory. evidence to be the. person whose name islaW subscribed, to the: within
instrument and aclinowle ged to me that 1she/ths ;executed the same in (�lsihed#heir
authorize capacity(�es'j,cand that : by 46-1her/thefr signatures(.. on the instrument the.
person ; orthe entity upon behalf of which'the person acted, executed the instrument'.
I certify under PENALTY OF PERJURY' under the laves of the State of California that
the.foregoing paragraph. is true. and'correct,
WITNESS my han .. nd official seal. ... ,
., RESA ANGULO
COMM. #2156814
c
I'm
Hdti! Nbk - caodmia
Signature of Notary`Public iside coon °
My CM- moires June 6. 2=f
ez,
'��UNITEIYVIRJE IDS,
ASIA 0 'Ib 0 RAP, IA
LtYb- MPANY, E Ag'.P ndul
AkE &INDEMN ' I UMTED', ft'd0MPAf&.- -ER,'TX'. 8J§ ek" 6n'd'A v e. S E,
PACIFICSURANC'E,'COMPANY,,ROCKLIN CA
-Cedar kiipidi, 1A 52401
'CE R-TIFIO'C OPY OF ?0WER, OF AjTO RNEY,:',,:�
INSURANCE'
s.
"X
t
0 VMS;,;
Ive call'
M o el _61, and
g der-� o
the Coro anies ,and having.their co rate Bead uartt rs iti Cedar lYti" i s, te 'of Iowml, a constitute
t t
NDREW'-J. ROBER-TS.,EACKINDIVIDUALLY
-
4'.
4
%
tfieii:tu &�an Aa Atto' if, f3d W�66a execute ii� d %�Aii "'tity(�);.&Nct.�ywi- "A' -,.an "'ifliority - lem y col err jis 4alf ill-laA b. p o m qu
K, k1
��
aiid'Aifiei6blf0q ory� 'bligitio Atexc�� -,J�t56" 00 t r 'simi ar hatige-proyided'that ho.#*16o "A'A - �A qnt§of` 000.
'lrfit in� C aWth6i17'&d`oM6eis of,thi o ZM,'tqliifid die:Co' nies iliereb d46:'& s�,i y as�,Ju y.a (C di.,if
rity'heieb�!:&Oi and hwebylkifidand:cohr U,-
and All of the "Acts of Wd'-A1toimey,,p-ui ih 'Alip",-,
iistim, 9 1� all
''The Authority licieby,-gaii is.cppi remain m u OKPP sualty.Comp4ny. United Fire & w inuos ai4siiail, f, 11 ii ` and'effect witil revoked by United Fire & Ca'
,"Indemn!,V_ onipany; and Finigicih1P cCompany:
ifib Ins"6
This ovVEr of Attorney is made and executed pursuant to and by authority of the followifik bylaw duly adopted on May 15, 20131,. by thp'Vio", of
yCo-nipapy.UnftedFirc&ludemiiityComp y mdF i Pa c Co ::Directors oW i4F-ire Casuailt an i. Financial Pacific Insumn.c. Company.
"Article 171— Suritv Bondi and Undeitakhigq�'
A t* Attorney -in -Tact. "The Prcsidezu or tuty Vice
sccqgn ppotmingitt o Atto cc Presidem, ckraity other officer, of the C6mpatiics may, from time to time, ppom�, y ..wnttcii
certificates attorneys -in -fact To aci.in behalf Qf.the Companies in the execution of pol�icies *of insurance, bands, underta�ingp and other obligatory instruments bfillm
7,j!c�,sigrmtUMo0hy6f11ccr authorized hereby -and the Corporate -seal, mayr'6i affixed' by lacsimijc't I po%v ri)fattomeyoit..pLNialpoitiirofatio'me'yorcertification
. 0 any of
cithef,eauihoriicd'6b'; such signature and 'Scal,, ivhenSn used, bchig_a4oipW by tbeCornpa'niis as the original signature of such offi�cr and thc-briginA-Scal of the
y 9A
indizig upon the Companic�,%;tith the sam'clorc� the 1, Companies, t6bc�-,qiid':iind b though tmftatioi�'set of
forth,lid tli'�ii re certificates of authority,sfiall hat* full power,to bind di,.Ompiiiiies"by their signature and execttiion of any such instiumetty-lid to anaai' the. Seat
&opi"Pini.s-th Mie President or any Vice Priisident, the Board of Directors or any dtlicr,offlccr of theCompanies may at anytime revol't all ilbivcr and,' h"
P it anoincy-in-iact. W to 013Y
IN WITNESS. WHEREOF,!the COMPANIES have.each caused these ts� 61ie, signed by its.; -
A 'IN EV vice" president and its cor�oia td seal to beheretb affixed this
7th day of W6�6mb,er, 2611
w CORPORAVE I' - & CASUALTY COMPANY
I.- _= .= Ea.' SOLY 4 UNITED r RE
S M= �'K
UNITED FIRE & INDEMNITY COMP, N .4,
FINANCIAL PACIFIC INSURANCF_C6MP
..............
By.
Sia of Linn ss:
Vice President
On,.7th ddy:.6f Novejnber, 2017, before me d3ersoha 11 y came Denn 11 s . J_ Rj chm nn
tbaf.he-reside§ ihCedar Rap Vice Pr6s t6,',,m'e.bO,%Vfi,who;beihiibynie'dul�'s�vOm,.didd"4e IN is' i identof United fire
an say;,. ids,,Slateof o*t;thathe
Casualty Co4any", a V "Nin, pmy,� etivbf tonio&iy the
innity V
de,-,
Xo"mttons iat e1d36%," -:sat `liiW^Ae��ii�af!aitt affixed
es c n if, bo. 11 hi 'f seal 6 41'1'�q�pm s x jhe.said
tion t&
lij`at�hs'iiid Wat he in�mAt'ii*iu6.co�.o6iii�al;iha,t,'itvma,o,a L %it on drs said cQr r. po �.e p
n �d 'b. di ;,6rct and �s�id ame rations;
w i aity
wa o1a at se 'a]
• commissicin'riumber 713274 Notary Public
e" 646iZ61191 y_,m� o :q)!plr sj.,
_jk my.comm in expires' 1611 Issic pires�", 10/ 019,
Zk,
ary.1
'Mal�'A. Be itst It �A's'�fstanv :Copy paiiyWAWstqqt Secret -Udited'fie &Jndeffinity'.Cou ari ,and Assistant
atid ;S
eca of Financial Pacific'-fl&rao edm�,Ay,do k6rniy and iffitia04
the copy ott&e Section of Aj W'
" r , e
Attorney,
'f " ' I " &t th� --said A -IONS, and,,'t t -tb HOMK,601dt OF�SAID CORPO'R t -lid')lhAnnie vlil,�o X OrLUMA S,
, V
effect
d re,
Poywr ofXi�fiiey has Writ been
1U'te$1'mofiy whereof fh�yi,iiereiinto stibicribed' naiu"ed'n'd affixed the corporate seal of the said Corporations poralons
a 6
dwt .11 t
WOW tfq,N,
wo,�,
ly
S=COPCOM
CORN"
Z
9
StAL , . . . . . . . . . . . . 13V -.qyt f -.4
--As sistafit"*retary,
UF&C &UF&I & FPIC
P 0,
This paper has a colored background and void pantograph.
� ' J
- J� ✓ r
T � �
r '/
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
truthfuirigss, accuracy, :or validity of thatdocument.
State of. California )
ty
ounSari Diego:. ). .: ......
. .
On. January 11 , •20 •19 before me,. • Kathy Scheuerman, Notary Public . ..
personally appeared : Matthew. C. Gaynor
.. �.
who proved to me on •the basin of
satisfactory :evidence to be the persons) whose. name(s) is/are'subsc6bed to the within
instrument and acknowledged to me. that he/she/they executed the same:in hisihedifibir
authorized capacity(ies), and that by .•his/her/their 'signatures(s) •.on the instrument the .
person.(s); or the entity upon behalf of which the person(s) acted,. executed the instrument.
1 certify under. PENALTY OF PERJURY. under the lawn of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand: and official seal:
1G c�'!
'
KATHY SCHEU
ERM
AN
Notary %blk- California a
Signature of Notary Public San Dlego Cof
commission N �15emycomrmExpiresWr2e,2022
_
G"4
F - NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am the!�o Wban Wtg� , the party making the foregoing
bid. The bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association,, organization, or corporation. The bid is genuine and
not collusive or sham. The bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham -bid. The bidder has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or to 'refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of
the bid price, or of that of any other bidder. All statements contained in the bid are
true: The bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
and -has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder 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 bidder.
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 t e IGM
day of aA1'lJ` 20 _, at _Fdlm i Yn1a
J city State
r r�
CONTRACTOR -
- <_ _
By: 0 ARA9
Signature -
Title: THERESA BRENNAN
;, FA
i�
G-BIDDER'S BOND
To Accompany Bid.
KNOW ALL: MEN BY THESE.PRESENTS,
Ttiat.we, Urban:Habitat as rincipal, -
P
and
United Fire & Casualty Company as surety, are held and
firmly bound unto the. City of Palm Desert in 'the sum of $ Ten Percent of bid . {10% of bid) .
to be paid to the said City or its carts n, attorney, its successors and assigns; for which
..
payment; :well and truly- to::be made, we bind , ourseides," our :heirs,' executors, and
administrators, successors or assigns, jointly and severally, firmly by these presents. .
THE CONDITION OF. THIS OBLIGATION IS SUCH that if .the certain bid of the .above
bounden principal to perfoim certain work described asfollows:
SANTA ROSA COMMUNITY GARDEN RENOVATION
Project.No: 997-19
Contract No.. 037910
The general. items of work to be done hereunder consistof of irrigation: to
garden planter boxes, installirig wood chip material, gravel, potting soil, and finalgrading
and dated January 16, 2019 is accepted by the City of- Palm desert,. and if. the above
bounden principal Urban Habitat,: shall duly enter into . and execute a contract for such
construction,. and shall execute and deliver the Performance Bond:and Payment Bond
and insurance cart
ificates:asrequired by said contract, then Ihis,obligation shall become
null and void; otherwise it shall be and remain in full force:and effect.
Should .it become necessary; for the City . to 'institute alawsuit; -or any other. legal
proceeding to, enforce th,6-4erms,-and conditions of .this..bond, then. all casts of said
proceeding, including:attomey's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF; We, .hereunto, set our Hands and Seaisahis 11th day: of
January,.... :: 20 19
Contractor's Name: Uilian Habitat ,
.. C . 6tr4or' :S'ign to e �
(Sigrialura muss be notarized)
Theresa Brennan, President
Address:'*, - °'-E3`Bx 1177, La Quinta,:CA 92247
Tel'ephone:. 760-3454101
G-1
.
c now' ledoinent
A notary public or. other officer completing this certificate verifies only_ the identity of the,
individuaf Oho signed the- document, to' which this certificate is attached, and: not the
truthfulness, accuracy, or validity of that document. .....
State of California )
R
).
County of W�e'S t
On. ; AVI u�Ozr
(� 20 before. rl�e, CVV6 it �► 1 ..
personally apleared.: 1WAR &a, : C ` , Vf i'la -, t
----- who proved: to me on the basis of
satisfacto evidence to be the erson whose nis/ subscribed to the. within
...... ....... ......ame { .....
instrument and acknowle ged to me that hehhe/tWakecuted the'same in I ie7herlt
authorize capa( , and that. by higher/thefr slgnaturesjsf on the: instrument the
person ; or the entity upon behalf of which thepersonp) 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 han .. nd official seal,
�- TM�E 2p5 �p 4 .
o # i 6' x
COMM.Ail a N6tary Fuh!!c • California
Signature of Notary' ublic de t °
z
20t
r� .2Q
w —
M
R A t'
&PANY 11 F _ITEIJ�T ASUALTY C 0 `D' UN �IRE-&'C �W`�RAPII)S IA
A"
Nf iY'&0MP, - VEBSTEWYX •pert eq.
UNjTED_f!�k&rNDi-M I]
P�klild,' �U`RANC E CON ANY;,ROCKLIN CA Aar 16p116, IA 52401
N' P _.FINA CIA
`C 70,PYOF�PO.,n-P -7,,T 0
tRTJFIAYC OF,A RNEY
AM E1
-7
Y
t;
C p ipiid ly kj�;OW AI:L PERSQNSBY, 'T ed,_,.kg&"C#WaIty �,omP4qyi_,aqq u 'grgang �An existmg4m&f. the la�.rs
qt; rpoity, C . 6mp4y,,-- "'flextis;
of the State 6 1, r a" d 'di"
f ceWk�'--Unite
OTP gdhkW�m ,'existing.im 'e laws"'bf, the State
-d:,ii4d!cxistina_uhdpp. pf t40;S' -oftalab
P �7�.j
the Companies); anhaving t�eircorporate i:.Cellar 160ids,:State o Iowa, flocs make; constitute and up in
DAKt0i,F.AZEE-;,eX.im VASQUEZ;; rMAT,T_kE :&GAYNOR,'AN DREW-J. R08ERTSi,eACH INDIV
IDUALLYy.
?
'Y.
X
lax0til'Aticipey '6" 'W'.'er" "d "'Jil y'lie-iqby confeiT Aq4gE• 1� b 6d sea and'eXecute nuib". clialf all lai&hl.,bond�,*�.1,'
irw -gl6ob ig4tWi0al `4,V@�Si&no:s6` "' 't ft',�ktee4 "un' d dia' k n4 000 000,'00 gs,imd"d 'er"bbligatbry.: arnat4m, 01 %,
it" ' 1 1",, " L "1,.,. . ..... pr
and to Had the torripame;s,.ihe'reb d c. ement- as... :suc Sig rii officers of"the Co
,pl f,aft 40 thew
ra- co . n
and affo'f the acts of sald"Atto' d'I 'rqW11 iri"d"
�Yvp io the 0 puty hereby: all., le frat te and,., YM
is.continuous and shall remain in full force and'e �d witi re
The Authority iiekby,�-gr� I t vok-ed'by United Fire & CasualtyCompAh United Fire &
-an 11 d i=-"ciaIPa'ic'i5c ln�g in
y,Cbrnpany�
11ii: Po%Wk 6f Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 206J;y ihebo" wDircctors Casualty Company,
o t 6iiied "Pire & C *'Ity C any, United Fire Ind ity Company, mid Financial Pacific lnsumnce Company.
`Article lel- Sureh- Bon& and Undes-luklup"
'", 'S *.'
of Attorney -in -Fact "nie Feriiid t y Vice Presidcai; or a4y'othc� officer of the �C6mp.'Anies may, Hin time to t* -
A n-Fact. or an "tune; QPTO.T,� y
iitten
certificates att M'eys-in,-fa6t to act- in behalfQf-the Companies in the execution of policies'6f hisumitcei bonds, iiiidertakings. And other obligatory ins iiti 46 ' f lilm nan.m
'y' And & Corporate S61, inay, b� ajti�a b� facsimile any pp*cr of attorney or s certification of
�9!�,�ignaturc of Any officer authorized herel 'Poiaw_ p�.cialpowerofattonieyor c.o.
�,t6bSU6 Signature aho'seal, �Vhen used, 6inj�ad�ptca by the con�panicis-ais tae,,oxis,trial signature otsuch 'officer and the origin4scy.I e
,of
Coittpartie
elt H 0 1. , -th'e` iid:and binding upon the CompailiegNOth the u6c-iorc� ��d6flect,ds though manually afffixid. 'Such atiorneys4ri-fact, sabjedt:i'�ihc 1inii`iauo`niis"%,e,t of
f6i-the ii their rcsp"wcertikcates of autho'iity 'shall ha�v Hl pcewerto bind the conlpanie�,by their signature and execuiiori of any such instiumeaWlid-to anA,
I shall 4.�, , , I I ania- .
the' (6. lli� Pies _Vi�ePriisidait.-tlieBoaid,ofDiredtor�biiu othcrcei[ic� 'wer
e-c6i0pantes President or any ly r of the Cbboanics may' at any.1inte moke All 0 �a�ttl ority.
v.gt,,cn to any attorney -in -fact
IN AVITNESS WHEREO F,,thetbMPANIES have each caused these presents W 6csigened'b'y -it- 9.,
Nice pr6ident and its rate eret
7th day of k6eiiber, 261
:0r�b te seal 16 be It 6 affixed this
dORPOMAVE
s.Ali""4
ULYqfi N95 .'LWI-TED FIRE&CASUALTY COMPANY
W, UNITED FIRE & INDEMNrry COMPANY;
"
'FINANCIAL PACIFIC INSURANCFWOMPANY;;'
)sell, tell
13y.,
State;Of.IOtVa, Comity of Lian. ss: Vie President\'
On.7th.ddy.of November, 2017,..before , me personally , came Dennis.J.._R,1.chmann
k J�gihga by duly ,did depo ;Ahqt,he� resides ih C�dar,Rap va; that he js'i Vice President of United Tire
to,,me iiawn, iids,,Stfite'of ld�
Company, X-
& Casualty a el-Fire'.&W the
S
Co jPqratt is,• l.aye iijisuumft�,Jhat he",.WdiAx riteriteal U.CA! id,'
instrument is sueh:cotporate xe pursuant to W idht� qrP09tiptisa" fiit thz 6" and he sisined'his-
kal &t>'it'Wa` 'ff i d'
c
Wd p1ir0a'1Ctb'-Iik d 0nt Y, -pc
PaadD ul,&
Iowa o1a W Sqaj
P1
Cornerdasion6uniteii 713274 Public
ex - pies 1,01
tdentL'A' $i5tandtAsa, ed� �UiifedfifiaCasi6hy'C6 d WtSecrctyO UditedFire kIniiyoupanyan'Mary'A Bstgtqkar,
t', f f, and.iffida0it, and
ere
Attorney,ivith ON FiLt T
whol, ori al, that trio said
e , e corporate seat of the said Corporations
yp
io
e e
Z' COM�O
�v CORVbk"A _G
t.V =UV,
I .
By.
SEALas 'ca'iL,
TX"
I& _rw
Ile
UF&c & um & FPtC
POA
:7.
This paper has a c olored background and void pantograph.
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 thafdocurrient.
State of California )
•
County of San Diego.. ::.:.
On. January 11 2Q 19 before me,.: Kathy Scheuerman, Notary Public . ..
personally appeared'' Matthew C.-Gaynor
who proved to me on the basis of
satisfactorvevidence to be ahe persons whose_ names Ware -subscribed to the: within
instrument and acknowledged to me that he/she/they executed the same in his/heritheir .
authorized capacity(ies), and that by:. his/her/their signatures(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 he State of Califomia that
the foregoing paragraph Is true and correct:
WITNESS' n hand: and official seal.
KATHY SCHEUERMAN
:Notary Public -California
Signature of Notary Public ..:.:San Diego County _
Comm isison M 2232615
My Comm: ExpW6 Mar 28, 2022 /
G-4
Z.
::. :.... rRED-WARIN'GDR:.:
Q
O...
m
SANTA ROSA WAY
,a
Z.
SANTA.ROS AWAYIn
SAN
Santa Rosa
oirirriunit Garden
Y-: :
:..
n
v
SAN-NICHoL-A.S=A-v.E:. .
1
I J
0
.. J
...."
CATALINA. ;WAY
- CATALINA WAY
CATAI
W
Q
Q
GUADAL UPE AVE.: _ .:
::caI
Q
,,y�g YAi11s� .
GS~-
Santa:
Rosa Community Garden
Date: 2018
VICINITY MAP