HomeMy WebLinkAboutReject Readvertise Floor Tile Parkvview Office Complex .
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CITY OF PALM DESERT
CALIFORNIA
SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
REPLACING FLOOR TILE IN THE COURTYARDS & ENTRYWAYS AT
PARKVIEW OFFICE COMPLEX BUILDINGS
CITY OF PALM DESERT
PAUL S. GIBSON
FIIVAI�ICE DIRECTOR
73-510 Fred Waring
Palm Desert, CA 92260
(760) 346-061 1
BID DOCUMENTS
NOVEMBER 15, 2007
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CITY OF PALM DESERT
CALIFORNIA
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
REPLACING FLOOR TILE IN THE COURTYARDS & ENTRYWAYS AT
PARKVIEW OFFICE COMPLEX BUILDINGS
PREPARED BY THE CITY OF PALM DESERT:
Paul S. Gibson Date
Finance Director/City Treasurer
CITY OF PALM DESERT
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TABLE OF CONTENTS
SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
REPLACING FLOOR TILE IN THE COURTYARDS & ENTRYWAYS AT
PARKVIEW OFFICE COMPLEX BUILDINGS
PAGE
CONTRACT DOCUMENTS
1VOTICE INVITING SEALED BIDS A - 1
INSTRUCTIONS TO BIDDERS B - 1
CONTRACTOR'S PROPOSAL C - 1
B mDER DATA D - 1
AFFIDAVIT OF NOI�1-COLLUSION BY CONTRACTOR E - 1
Bm BOND F- 1
BIDDER QUALIFICATIONS G - 1
CONTRACTOR'S LICENSE H- 1
AGREEMENT I - 1
WORKER'S COMPENSATION J - 1
WORKER'S COMPENSATION/EMPLOYER'S LIABII..ITY ENDORSEMENT K - 1
PAYMENT BOND L - 1
PERFORMANCE BOND M - 1
SPECIFICATIONS
SCOPE OF WORK SP-1
LOCATION OF WORK SP-2
TIME OF COMPLETION SP-2
PRE-CONSTRUCTION CONFERENCE SP-2
STANDARD SPECIFICATIONS SP-2
QUALITY ASSURANCE SP-2
PROFESSIONAL CARE SP-3
DELIVERY, STORAGE , AND HAI�IDLING SP-4
DELIVERY SP-4
STORAGE SP-4
ENVIRONMEI�ITAL IMPACT SP-5
PRODUCTS SP-5
COLORS SP-5
STANDARDS SP-5
GROUTING SP-6
INSPECTION SP-7
PREPARATION OF SURFACE SP-7
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SUBFLOOR SP-7
PROTECTION AND CLEAN UP SP-8
SUBSTITUTION OF SECURITIES SP-8
CITY'S REPRESENTATIVE SP-9
USE AND PROTECTION OF PREMISES SP-9
CHANGES ORDERS SP-10
BRAND OR TRADE NAME- SUBSTITUTE OF EQUALS SP-10
FINAL INSPECTION- NOTICE OF COMPLETIOI�1 SP-11
GURANTEE SP-11
CITY'S RIGHT TO STOP WORK AND TERMINATE CONTRACT SP-11
FINAL PAYMENT SP-12
CLAIMS SP-13
DISPUTE RESOLUTION SP-14
DOCUMENTS OF CONTRACTOR SP-15
PROJECT SAFETY AND RESPONSIBILITY SP-16
SUPERVISION BY CONTRACTOR SP-17
CHANGES IN THE WORK SP-17
CHANGES IN THE CONTRACT PRICE SP-l7
INDEMNITY AGREEMENT/HOLD HARMLESS SP-18
LIABII.ITY INSURANCE SP-19
TERMINATION OF CONTRACT BY CONTRACTOR SP-23
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NOTICE INVITING SEALED BIDS
FOR
REPLACING FLOOR TILE IN THE COURTYARDS & ENTRY WAYS AT
PARKVIEW OFFICE COMPLEX BUILDINGS
PUBLIC NOTICE IS HEREBY GIVEIV that the City of Palm Desert, as CITY invites
sealed bids for the above-stated project and will receive such bids in the offices of the City
Clerk up to the hour of 3 p.m. on Monday, the 26�' day of November 2007 at which time
they will be publicly opened and read aloud. QualiFed Disabled Veterans Business
Enterprise's (DVBE) are encouraged to provide a bid.
The work to be done consists of furnishing all materials, equipment, tools, labor,
coordination, supervision, and incidentals as required by the Specifications and Contract
Documents to replace the tile in the courtyards & entryways at the Parkview Office
Complex Buildings located at 73-710 and 73-720 Fred Waring Drive, Palm Desert, CA.
Copies of said Specifications, and Contract Documents will be available from the CITY
OF PALM DESERT FINANCE DEPARTMENT beginning November 8, 2007, 2007 at no
COSt.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code, with the exception that pursuant to City of Palm Desert Ordinance No. 860
THIS JOB IS NOT SUBJECT TO THE PREVAILING WAGE LAWS OF THE STATE
OF CALIFORNIA. Discrimination in employment practices on the basis of race, color,
national origin, ancestry, sex, age or religion is prohibited.
The contract documents call for a lump-sum payment upon completion of the tile
replacement project accepted by the City's Representative. The City will retain 10 percent
of the payment for a period of 35 days after the Notice of Completion of is recorded.
At the request and expense of the successful bidder, the City will pay the amounts so
retained upon compliance with the requirements of Government Code Section 4590 and
the provisions of the contract documents pertaining to the Substitution of Securities.
Bids must be prepared on the approved proposal forms in conformance with
the Instructions to Bidders and submitted in a sealed envelope plainly
marked on the outside"SEALED BID FOR REPLACING THE TILE IN
THE COURTYARDS & ENTRYWAYS AT THE CITY OF PALM
DESERT PARKVIEW OFFICE COMPLEX BUILDINGS - DO NOT
OPEN WITH REGULAR MAIL."
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The CITY reserves the right to reject any or all bids, to waive any irregularity, to accept
any bid or portion thereof, and to take all bids under advisement for a period of sixty(60)
days.
MANDATORY PRE-BID CONFERENCE - A pre-bid conference will be held on
Friday the 16`" dav of November, 2007 at 10:00 a.m. SHARP, in the Parkview Office
Complex Conference Room, Suite 119, 73-710 Fred Waring Dr, Palm Desert, CA. It is
MANDATORY that all General or Prime Contractors attend. Failure to attend will result
in disqualification of the bidder. The conference will be open to subcontract bidders at
their discretion.
At the time of contract award, the prime contractor shall possess a Class "C-54"
Contractor's license. .
BY ORDER OF the City Council of the City of Palm Desert.
Dated this 8`'' day of November 2007.
RACHELLE D. KLASSEN
DEPUTY CITY CLERK
CITY OF PALM DESERT,
CALIFORNIA
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 34b-0611
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INSTRUCTIONS TO BIDDERS
1. Form of Proposal. The proposal musi be made on the form of Contractors'
Proposal, which is included in the Contract Documents and must be completely filled in,
dated and signed. If provision is made for alternatives, they must all be bid, unless
otherwise provided in the Special Provisions. Bids must be submitted on all items and
schedules included in the Contract Documents. FAII.URE TO Bm ON ALL ITEMS AND
SCHEDULES MAY RESULT IN THE BID BEING REJECTED AS NON-
RESPONSIVE.
2. Bid Bond. The Proposal must be accompanied by a 10% Bid Bond, using
the form provided in the Contract Documents, or by a certified or cashier's check payable
to the order of the City of Palm Desert in an amount not less than 10°Io of the bid amount.
3. Submission of Pro�osal. A proposal must be submitted in a sealed opaque
envelope that clearly identifies the bidder and the project. Bids must be received by the
time and at the place set forth in the Notice Inviting Bids and may be withdrawn only as
stated in the proposal.
4. Contract Documents. The complete Contract Documents are identified in
the Agreement. Potential bidders are cautioned that the successful bidder incurs duties and
obligations under all of the Contract Documents and that they should not merely examine
the Specifications in making their bid.
5. License. To be considered, a potential bidder must have the kind of license
required under provisions of the California Business and Professions Code for the work
covered in its Proposal when its bid is submitted. This includes a joint venture formed to
submit a bid. Additionally, the Contractor must possess a current City of Palm Desert
Business License.
6. uantities. This contract is a lump-sum price bid for all work shown per
specifications.
7. Interpretation of Documents. Discrepancies, omissions, ambiguities, and
requirements likely to cause disputes between trades and similar matters shall be promptly
brought to the attention of the CITY, in writing, and to the attention of Paul S. Gibson,
Finance Director for the City or Palm Desert, CA. When appropriate, Addenda will be
issued by the City. No communication by anyone as to such matters except by Addenda
affects the meaning or requirements of the Contract Documents.
8. Addenda. CITY reserves the right to issue Addenda to the Contract
Documents at any time prior to the time set to open bids. Each potential bidder shall leave
with the CITY its name, address, phone number, and fax number for the purpose of
receiving Addcnda. CITY will cause copies of Addenda to be mailed or delivered to such
names at such addresses. To be considered, a Contractor's Proposal must list and take into
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account all issued Addenda. Bids, to be acceptable, must acknowledge receipt of all
Addenda.
9. In�ection of Site. Bidder must examine the site and acquaint themselves
with all conditions affecting the work. By making its bid a bidder warrants that it has made
such site examination, as it deems necessary as to the condition of the site, its accessibility
for materials, workmen and utilities and ability to protect existing surface and sub-surface
improvements. No claim for allowances -time or money - will be allowed as to such
matters.
10. Bonds. The CONTRACTOR shall execute and submit a Payment Bond in
the amount of One Hundred (100%) percent of the contract amount. In addition to the
Payment Bond, CITY requires a One Hundred (100°l0) percent Performance Bond from the
Successful bidder. All Bonds must be on City's forms contained in the Contract
Documents. '
11. Bids. Bids are required for the entire work. The amount of the bid for
comparison purposes will be the total of all items. In case of discrepancy between the item
price and the total set forth for the item, the item price shall prevail, provided however, if
the amount set forth as an item price is ambiguous, unintelligible or uncertain for any
cause, or is omitied, or in the case of unit basis items, is the same amount as the entry in
the "total column", then the amount set forth in the "Total" column for the item shall
prevail in accordance with the following:
a. As to lump sum items, the amount set forth in the "Total" column shall be
the item price.
The evaluation of bids and award of contract shall be the exclusive decision of the
City. The City reserves the right to award separate schedules to separate bidders, or all
schedules to a single bidder, based upon the lowest responsible, responsive bid.
12. Award of Contract. Acceptance by the CITY at a meeting regularly called
and held, of a Contractor's Proposal authorizes CITY to enter into contract with Bidder
herein referred to as Agreement. Thereafter, CITY shall mail or deliver to the lowest
responsible bidder the Notice of Award of contract and the Agreement for Contractor's
execution and return. City's execution of the Agreement and Notice to Proceed are
contingent upon Bidder's submission of documents required of Bidder. BmDER is
advised that the CITY has up to 60 days from Award of Contract within which to issue the
Notice to Proceed.
13. Return of Guarantee. Bid Bonds or checks of unsuccessful bidders will be
returned by mail when the successful bidder returns the executed Agreement, bonds, and
insurance documents to the CITY. The Bid Bond of ihe successful bidder will not be
returned but is exonerated by its execution and delivery of the Agreement, Performance
and Payment Bonds, and required insurance documents. If the guarantee of the successful
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bidder is a check, it will be returned at the time a Bid Bond would be exonerated.
14. Qualifications of Bidders. No award will be made to any bidder who cannot
give satisfactory assurance to the CITY as to his own ability to carry out the contract, both
from his financial standing and by reason of his previous experience as a contractor on
work of the nature contemplated in the contract. The bidder may be required to submit its
record of work of similar nature to that proposed for this contract, and unfamiliarity with
the type of work may be sufficient cause for rejection of bid.
15. Subletting and Subcontracting. Bidders are required pursuant to the
Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the
Public Contract Code) to list in their proposal the name and location of place of business of
each sub-contractor who will perform work or labor or render services in or about the
construction of the work or improvement or a sub-contractor who will specially fabricate
and install a portion of the work or improvement according to documents contained in the
Specifications in excess of one half of one percent (O.S�Io) of the prime's total bid. Failure
to list a sub-contractor for any porcion of the work under the guidelines above indicates that
the Contractor's own forces will do that portion of the work. It is the City's intent for the
Subletting and Subcontracting Fair Practice Act to apply to all phases of the work.
16. Substitution of Securities in Lieu of Retention. Contractor is advised that
he may, at his sole cost and expense, substitute securities equivalent to any moneys
withheld by the CITY to insure performance under the contract. Such securities shall be
deposited with the CITY or with a State or Federally Chartered Bank as escrow agent and
shall be released to the Contractor upon satisfactory completion of the contract. The
Contractor shall be the beneficial owner of any securities substituted for moneys withheld
and shall receive any interest thereon. Securities eligible for investment under this section
shall include those listed in Government Code Section 16430 or bank or savings and loan
certificates of deposit.
17. Government Code Section 4551. In entering into a public works contract or
a subcontract to supply goods, services, or materials pursuant to a public works contract,
the Contractor or sub-contractor offers and agrees to assign to the awarding body all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section) * or under the Cartwright Act (Chapter 2 commencing with
Section 16700) or Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services, or materials pursuant to the public works contract or the
subcontract.
This assignment shall be made and become effective at the time the awarding body tenders
final payment to the Contractor, without further acknowledgment by the parties.
* 15 U.S.C.A. Chapter 15
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18. Re�uests For Information (RFI). In the event of a request for
information regarding bidding information, all requests must be sent to the Citv's
Rearesentative, attention Mr. Paul S. Gibson. 73-510 Fred Warin� Drive, Palm
Desert. CA 92260, teleahone number 760-346-0611 x 320. All requests must be in
writing and delivered or mailed to the above location. Faxed, RFI are not accet�table.
19. Mandatory Pre-Bid Conference. A pre-bid conference will be held on
Friday, the 16`t' day of November 2007 at 10:00 a.m. SHARP in conference room suite 119
at the Parkview Office Complex. It is mandatory that all General and Prime Contractors
attend. Failure to attend will result in disqualification of the bidder. The conference will
be open to subcontract bidders at their discretion.
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CONTRACTOR'S PROPOSAL
TO: CITY OF PALM DESERT, "CITY"
DATE:
B IDDER: "Contractor"
The UNDERSIGNED, "Contractor", having carefully examined the site and the Contract
Documents for the REPLACING THE FI.00R TILE IN THE COURTYARDS & ENTRY
WAYS AT THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX
BUILDINGS- hereby proposes to construci the work in accordance with the Contract
Documents, including Addenda Nos. for the amount stated in this
Proposal.
By submitting this Proposal, "Contractor" agrees with CITY:
1. That unless withdrawn in person by "Contractor" or some person authorized
in writing by "Contractor" - not by telephone or telegram - before the time specified in the
Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable
offer for 60 calendar days after that date.
2. The CITY has the right to reject any or all Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of the CITY;
and 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 the work.
5. That the accompanying 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 check or bond 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 design and architectural expense and cost of maintaining or
construction alternate facilities occasioned by the failure to execute and deliver said
documents.
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CONTRACTOR'S PROPOSAL
FOR
REPLACING FLOOR TILE IN THE COURTYARDS & ENTRYWAYS AT
PARKVIEW OFFICE COMPLEX BUILDINGS
Contract amount is for all work, materials, incidental expenses, overhead, profit and
direct and indirect costs associated with removing and replacing the floor tile in the
courtyards and entryways located in both buildings as shown on the contract documents.
Description/Item * Price
Replacing the floor tile in the courtyards
& entryways at the City of Palm Desert
Parkview office Complex Buildings
TOTAL BID PRICE $
The costs of any work shown or required in the Specifications, but not specifically
identified as a Pay Item are included in the Pay Item, and no additional compensation shall
be due Contractor by virtue of Contractor's compliance with the Specifications and contract
documents.
TOTAL AMOUNT BID IN FIGURES $
TOTAL AMOUNT BID IN WORDS
[IV WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
By:
Signature (Must Be Notarized)
Title:
Contractor
*- Include in your bid your plan and timing to complete the project. Prepare a schedule
showing timing for each area to remove and replace tile. Pay close attention to access for
each tenant. Include in your bid price the costs to repair sub-floor matter or concerns. Also
include in your bid an additiona1500 sq ft of tile that City would like to hold in
storage for future use.
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BIDDERS DATA
(NO B/D WILL BE CONSIDERED UNLESS THlS DOCUMENT IS COMPLETED IN FULL ALL
APPLICABLE ITEMS MUST BE FILLED OUT)
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may
be attached if necessary.
(1) Address
(2) Telephone No.
(3) Type of Firm (Individual, Partnership or Corporation)
(4) Corporation organized under the laws of the State of
(5) Contractor's License No. Exp. Date
Contractor hereby swears under penalty of perjury that this information provided is
true and correct.
By: Title:
S ignature Contractor
(6) List the names and addresses of all owner's of the firm or names and titles of all
officers of the corporation:
(7) IVumber of years' experience as a contractor in construction work
(8) List at least three similar projects completed recently:
Contract Class of Date Name, Address &
Amount Work Completed Telephone No.
of Owner/Contract
1.
2.
3.
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(9) List the names and addresses of each subcontractor who will perform work in or
about the work improvement, and indicate what portion of the work will be done by
each subcontractor:
Note: Copy this pa�e and attach additional pages if nec•essary.
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm
(11) A financial statement and references sufficiently comprehensive to permit an
appraisal of your current financial condition may be required by the CITY.
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AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
REPLACING FLOOR TILE IN THE COURTYARDS & ENTRYWAYS AT
PARKVIEW OFFICE COMPLEX BUILDINGS
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
That all statements of fact in such Proposal are true; That such Proposal was not made in
the interest of or on behalf of any undisclosed person, partnership, company, association or
corporation; That such Proposal is genuine and not collusive or sham; That such bidder has
not, directly or indirectly, by agreement, communication or conference with anyone
attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any
other bidder of anyone else interested in the proposed contracts; and further,
That prior to the public opening and reading of Proposal, said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a
false or sham Proposal.
(b) Did not, directly or indirectly, collude, conspire, connive or agree with
anyone else that said bidder or anyone else would submit a false or sham
Proposal, or that anyone should refrain from bidding or withdraw their
Proposal.
(c) Did not, in any manner, directly or indirectly, seek by agreements,
communications, or conference with anyone to raise or fix any overhead,
profit, or cost element of this Proposal price, or that of anyone else.
(d) Did not, dircctly or indirectly, submit their Proposal price or any
breakdown thereof, or the contents thereof, or divulge information or
data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof, or to any individual or group of individuals, except to the City
of Palm Desert or to any person or persons who have a partnership of
other financial interest with said bidder in his business.
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(e) That no councilperson, officer, agent or employee of the City of Palm
Desert is personally interested, directly or indirectly, in this contract, or
the compensation, oral or in writing, of the City Council its officers,
agents or employees, has induced them to enter into this Contract,
excepting only those contained in this form of Contract and the papers
made a part hereof by its terms.
Subscribed and sworn to before me this day of , 20_
B y:
Notary Public in and for said
County and State Title:
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENT,
That we, as
principal, and as
surety, are held and firmly bound unto the City of Palm Desert in the sum of
$ (10°Io of bid) to be paid to the said CITY or its certain attorney,
its successors and assigns; for which payment, will and 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 proposal of the
above bounden principal to perform certain work described as follows:
and dated is accepted by the City of Palm Desert, and if
the above bounden principal
shall duly enter into and execute a contract for such construction, and shall execute and
deliver the Performance Bond and Payment Bond and insurance certificates as required by
said contract, then this 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 a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, We hercunto set our Hands and Seals this day
of , 20
Contractors name: Surety's Name:
By: Address:
Title Telephone:
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CERTIFICATION OF BIDDER AND QUALIFICATIONS
The undersigned bidder certifies that he or she is, at the time of bidding, and shall be
throughout the period of the contract, licensed by the State of California to do the type of
work required under the terms of the contract documents. Bidder further certifies that he or
she is skilled and regularly engaged in the general class and type of work called for in the
contract documents.
The bidder represents that he or she is competent, knowledgeable and has special skills
with respect to the nature, extent and inherent conditions of the work to be performed.
Bidder further acknowledges that there are certain peculiar and inherent conditions existent
in the construction of the work which may create, during the work, unusual or peculiar
unsafe conditions hazardous to persons and property.
Bidder expressly acknowledges that he or she is aware of such peculiar risks and that he or
she has the skill and experience to foresee and to adopt protective measures to adequately
and safely perform the construction work with respect to such hazards.
Furthermore, bidder hereby certifies to the City that all representations, certifications and
statements made by bidder, as set forth in this bid form, are true and correct and are made
under penalty of perjury.
Signed this day of , 20
Name of Bidder
Contractor's License No. Contractor's License Exp. Date
S ignature of B idder
Title of Signatory
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CONTRACTOR'S LICENSE
Contractor's License
No: Issued on: , has not
been revoked.
The license expiration date is . The representations made
herein are made under penalty of perjury.
Signed this day of , 20_
Name of Contractor or Contracting Firm
Address
S ignature
By:
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AGREEMENT
THIS AGREEMENT is made and entered into this day of, 20071 by and
between the City of Palm Desert, California, hereafter called "CITY", and. hereinafter
called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to CITY its Contractor's Proposal for the following City
project,
1. REPLACING THE FLOOR TILE IN THE COURTYARDS & ENTRY
WAYS AT PARKVIEW OFFICE COMLPEX BUILDINGS, - in strict accordance with
the Contract Documents identified below and CITY has accepted said Proposal.
2. Contractor states that it has re-examined its Contractor's Proposal and found it to be
correct, has ascertained that its subcontractors are properly licensed and possess the
requisite skill and forces, has examined the site and Contract in accordance with the
Contract Documents for the money set forth in its Proposal to be paid as provided in the
Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The Bidder's Bond; (� The Performance Bond; (g) The
Payment Bond; (h) The General and standard Specifications; (i) Addenda (if
applicable) Nos. _ and _; (j) Any Change Orders issued; (k) Any additional or
supplemental speci�cations, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents. All of said Documents
presently in existence are by this reference incorporated herein as if here set forth in
full and upon the proper issuance of their documents they shall likewise be deemed
incorporated.
2. Contractor shall commence the work within ten calendar days after the date of the
Notice to Proceed and will do all things necessary to construct the work generally
described in Recital No. 1 in accordance with the Contract Documents and will
complete said work within FORTY-FIVE (45) calendar days from the Notice to
Proceed date to the satisfaction of the City's Representative.
3. In performing its responsibilities under this Agreement, Contractor shall comply
with all federal, state, and local laws and regulations pertaining to the storage, use,
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and disposal of"hazardous or toxic wastes, substances, or materials" as defined by
applicable law, to the extent such "hazardous or toxic wastes, substances, or
materials" are within Contractor's control. The Contractor agrees to indemnify the
City for any costs, fees, fines or losses that may result from environmental
contamination or natural resource damage on the subject property if caused by the
Contractor's performance in storing, using or disposing of hazardous or toxic
substances or materials or wastes such as, but not limited to, paints, lacquers,
thinners, and other type coating or other water treatment chemicals. The City
acknowledges and agrees that the City shall be responsible for any legal or other
liability or damage arising out of the presence of environmental contamination or
natural resource damage on the subject property by any cause other than the
Contractor's performance in storing, using or disposing of hazardous or toxic
substances or materials or wastes such as, but not limited to, paints, lacquers,
thinners, and other type coating or other water treatment chemicals.
4. Contractor agrees to indemnify, defend and save CITY and its officers, agents and
employees harmless from:
a) Any and all liability, claims, damages, losses or injuries to any person or other
entity, including injury to Contractor's employees, and all claims which arise
from or are connected with the negligent performance of or failure to perform
the work or other obligations of this Agreement, or which are caused or which
are claimed to be caused by the negligent or intentional acts or omissions of
Contractor, its subcontractors, its agents or employees, and, all expenses of
investigating and defending against same,
b) Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any oiher person, firm or
corporation furnishing or supplying work, services, materials or supplies in
connection with the performance of the Agreement.
Attention is directed to the General Specifications, in its entirety are made part of
this Agreement as set forth in Agreement paragraph 1, above.
5. Liquidated damages shall be $500.00 dollars per calendar day of delay.
6. Should any litigation or arbitration be commenced between the parties concerning
the works of improvements as referenced herein, the prevailing party in any such
litigation, being the CITY or the Contractor, should be entitled to a reasonable sum
for attorney's fees incurred in any such litigation relating to this Contract.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
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8. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions anc�
deductions as may be made pursuant to the Contact Documents and applicable law.
9. Execution of the Agreement by the parties constitutes their agreement to abide by
all applicable provisions of the California Labor Code; constitutes Contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California
Labor Code which requires 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 I will comply
with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, ihis Agreemeni which shall be deemed an
original on the date first above written.
CITY OF PALM DESERT "CONTRACTOR" (signature to be notarized)
By: By:
Mayor Signature
Attest:
Title
City Clerk
Approved as to content
David J. Erwin, City Attorney
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CONTRACTOR'S CERTIFICATE REGARDING
WORKER'S COMPENSATION
Labor Code Section 3700 in relevant�art provides:
Every employer except the State shall secure the payment of compensation in one
or more of the following ways:
1. By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this State.
2. By securing from the Director of Industrial Relations a certificate of consent
to self-insure, which may be given upon furnishing proof of satisfactory to
the Director of Industrial Relations of ability to self-insure and to pay any
compensation that may become due to his employees.
I am aware of the provisions of Section 3700 of the Labor Code, which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provision before commencing the performance of the work of this contract.
Proper Name of Bidder
By:
(In accordance with Article 5 - commencin�`at Section 1860), Chapter 1, part 7 Division of
the Labor Code, the above certificate must be siQ,ned and filed with the awardin�bodv
prior to performing anv work under this contract.)
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WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT
Endorsement No.
A. POLICY INFORMATION
1. Insurance Company ("the Company")
Policy No.
2. Effective Date of this Endorsement
3. Name Insured
. 4. Employer's Liability Limit (Coverage B)
B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent
statement in the policy to which this endorsement is attached or any other
endorsement attached hereto, it is agreed as follows:
1. Cancellation Notice. The insurance afforded by this policy shall not be
suspended, voided, cancelled, reduced in coverage or in limits except after
forty-five (45) days' prior written notice by certified mail, return receipt
requested, has been given to the CITY. Such notice shall be addressed as
shown in the heading of this endorsement.
2. Waiver of Subro ag t� ion. The Insurance Company agrees to waive all rights
of subrogation against the CITY, its elected or appointed officers, officials,
agents, and employees for losses paid under the terms of this policy which
arise from work performed by the Named Insured for the CITY.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
IIVSURER.
I, , warrant that I have authority to bind ihe below
(print or type name)
listed insurance company and, by my signature hereon, do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTAT[VE
(original signature rcyuirccl on cndorsrmcnt fivnishcd to the DISTRICT)
ORGAIVIZATION: TITLE:
ADDRESS: TELEPHONE:
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, , warrant that I have authority to bind
(prinUtype name)
the below listed insurance company and, by my signature hereon, do so bind this
company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signatwe reyuired on endorsement(umished to the DISTRICT)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
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CITY OF PALM DESERT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to (hereinafter designated as the
"Contractor"), an agreement dated, described as follows: REPLACING THE FLOOR
TILE IN THE COURTYARDS AND ENTRYWAYS AT THE PARKVIEW OFFICE
COMPLEX, (hereinafter referred to as the "Contract"); and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract,
and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
Contractor, as Principal, and a corporation
organized and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are held
and firmly bound unto the CITY OF PALM DESERT and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the California
Civil Code, in the sum of Dollars ($_�, said sum
being not less than one hundred percent (100%) of the total amount payable by the said
Obligee under the terms of the said Contract, for which payment will 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 said Contractor, his or its
heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay
for any materials, provisions or other supplies, implements, machinery or power used in,
upon, for or about the performance of the Public Work contracted to be done, or to pay any
person for any work or labor of any kind, or for bestowing skills or other necessary services
thereon, or for amounts due under the Unemployment Insurance Code with respect to such
work or labor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of said Contractor
and his or its Subcontractors pursuant to Section 13020 of the Unemploymeni Insurance
Code with respect to such work and labor as required by the provisions of Section 3247
through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and
paid over to the Franchise Tax Board or Internal Revenue Service from the wages of
employees of the Contractor or his or its Subcontractors, the Surety or Sureties hereon will
pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void. In addition to the provisions herein above, it is agreed that
this bond will inure to the benefit of any and all persons, companies and corporations
entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the said Contract or to the work to be performed
thereunder or the Specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract or to the Specifications.
No final settlement between the Obligee and the Contractor hereunder shall abridge the
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right of any beneficiary hereunder, whose claim may be unsatisfied.
Contractor and Surety agree that if the Obligee is required to engage the services of an
attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seal this
day of , 20
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is per thousand.
The total amount of premium charged: $
(Corporate surety must fill in the above).
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California lnsurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California lnsurance Code, and if the work or project is
financed, in whole or in part, with federal, grant or loan funds, it must also appear on the
Treasury Department's most cunent list (Circular 570 as amended). THIS IS A
REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent
or representative for service of process in
California if different from above)
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS the CITY OF PALM DESERT has
awarded to
after designated as the "Principal", a contract for: REPLACIIYG THE FLOOR TILE IN
THE COURTYARDS & ENTRYWAYS AT THE CITY OF PALM DESERT
PARKVIEW OFFICE COMI.PEX BUILDINGS.
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the Principal, and
as Surety, are held and firmly bound unto the CITY OF PALM DESERT hereinafter called
the CITY, in the penal sum of ($ ), being
100°Io of the contract amount in lawful money of the United States of America for the
payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION TS SUCH that if the above bounded Principal,
his executors, heirs, administrators, and successors, or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants and agreements in the said
contract and any alterations thereof made as therein provided, on his or their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their true intent and meaning, and shall indemnify and save harmless the
CITY, its officers and agents, as therein stipulated, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way affect
its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alterations or additions to the terms of the contract or to the work or the
specifications.
Should it become necessary for the CITY to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
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IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal
and Surety above named, on this day of ,
2002.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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CITY OF PALM DESERT
GENERAL SPECIFICATIONS & STANDARD SPECIFICATIONS
FOR
REPLACING THE FLOOR TILE IN THE COURTYARDS & ENTRYWAYS AT
THE CITY OF PALM DESERT PARKVIEW OFFICE COMPLEX BUILIDINGS
SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor
and incidentals to remove and replace the floor tile in the courtyards & entryways at the
City of Palm Desert Parkview Office Complex Buildings as required by the contract
documents, and tile specification as specified herein,
1. Floor Tile: All floor tile located in all the entryways and courtyard walkways (1 S`
and 2°d floor), tile in elevator floor, tile around planters, and tile on staircase,
andlandings
CONTRACTORS ARE RESPONSIBLE FOR ALL MEASUREMENTS AND
ESTIMATES, NO CHANGE ORDERS WILL BE ALLOWED FOR ERRORS IN
MEASUREMENTS AND ESTIMATES.
Thoroughly examine specifications, site of work and conditions under which work
will be performed before submitting a proposal. Surfaces, which cannot be prepared or
tile installed as specified, shall immediately be brought to the attention of the City's
representative in writing. If applicable an addenda will be issued.
1. Starting of work without such notification shall be considered acceptance by
the contractor of surfaces involved.
2. The Contractor shall replace unsatisfactory work caused by improper or
defective surfaces, as directed by the City's representative(s) at no
additional cost.
4. Work Not Included:
The following lists items not included in the request for proposal;
1. Non-tiled concrete walkways
2. Brick tile in certain specified areas of courtyards
3. Restroom tiles
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LOCATION OF WORK
The work is located at the Parkview Office Complex Buildings located at 73-710
and 73-720 Fred Waring Drive, Palm Desert, CA 92260. Both buildings are fully occupied
professional office suites.
TIME OF COMPLETION
The Contractor shall complete all work in every detail as specified in part 2. of the
agreement, page I-1 of the Agreement. No extension to the Contract Time will be made for
changes in the work, and liquidated damages will be assessed at $500.00 a day.
PRE-CONSTRUCTION CONFERENCE
A pre-construction conference shall be conducted at the Parkview Office Complex,
73-710 Fred Waring Drive, Palm Desert, California, 92260 prior to the start of the project.
The Contractor shall prepare a tentative progress schedule for submission and review at the
pre-construction meeting.
STANDARD SPECIFICATIONS
A. QUALITY ASSURANCE
1. All ihe work shall be performed by experienced skillful craftsmen to assure
finished work of first class quality and durability. The contractor shall have
a minimum of(5) years proven satisfactory experience and shall show proof
before commencement of work that he will maintain a qualified crew of tile
removal and installation personnel throughout the duration of this project.
2. All grout, cleaners, moisture barriers, and cements (concretes) shall be
mixed and applied strictly in accordance with the manufacturers written
instructions.
�-: All materials shail be applied evenly with proper thickness and application
processes.
4. Shade the work area from direct sunlight during installation as needed to
prevent rapid evaporation caused by excessive heat.
5. All work shall be done under suitable weather conditions. Install mortar,
and set and grout tile, only when temperature is at least 50° Fahrenheit and
rising, or as required by manufacturer's written instruction. All work shall
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be suitably protected from the weather.
6. Professional due care is required at all times. The contractor shall protect
all adjacent areas and surfaces from damage from removal or tile,
installation of tile or other work performed.
7. Verify that the surfaces to receive mortar setting bed and tile are firm, dry,
clean and free from oily or waxy films and curing compounds.
8. The sequence of tile removal and installation shall be at the discretion of the
city of Palm Desert. The Contractor agrees to remove the tile at nights
or on the weekends to eliminate or avoid business interruption of the
tenants. The City suggests that all tile be removed prior to installation of
new tile. In the interim between tile removal and installation the contractor
agrees to provide a safe and level-walking surface. These items will be
discussed at the mandatory pre-construction meeting with the City
Representative and the contractor prior to the start of the project.
9. Contractor shall allow for all walkways, entrances to building and suites to
be available Monday through Friday during normal business hours.
Normally 6:00 am through 7:00 p.m.
10. Vehicles and equipment shall be parked and placed as determined by the
City Representative.
11. Unattended build-ups, walkways, or other obstructions shall be secured at
all times to prevent risk of loss or injury to any person or property. The
contractor shall provide to the CITY in writing their plan on protecting the
aforementioned from misuse at all times, especially during non-working
periods. The contractor bears all risk and holds the city harmless regarding
the construction, demolition, and use of all build-ups, walkways and other
obstructions. No Exceptions will be granted for any reason.
B. PROFESSIONAL CARE
1. All work shall be subject to approval by the City of Palm Desert
representative(s).
2. Contractor shall correct all work that does not comply with the intent of the
specification.
3. Contractor shall coordinate with the City Representative(s) before using
noisy, motorized equipment. Contractor agrees to remove tile during the
evenings and weekends.
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4. Contractor shall make every effort to prevent damage to the landscape. The
City of Palm Desert will coordinate to have all trimming of trees and
vegetation from and around surfaces where tile will be removed and
installed.
5. The Contractor shall make every effort to prevent damage to any furnishings
and fixtures (including and especially the Art Pieces), surfaces not included
in the bid, i.e. concrete floors, red brick atrium floor, and other. The City
does not anticipate that any items not covered in the bid would have to be
removed, however, if necessary, please notify the City will make every
effort to remove those furnishing and �xtures, however, the Art Pieces
cannot be removed.
6. The daily start and stop times shall be coordinated through the City
Representative. Weekend and night work will be allowed and is
suggested when tile is being removed.
DELIVERY, STORAGE, AND HANDLING
A. DELIVERY:
1. The delivery of all tile, grouts, cements, and other products is the sole
responsibility of the contractor. The City will make every effort to provide a
location to store the tile and other products, but does not guarantee for the
misuse, theft or destruction of the tile and other products.
B. STORAGE:
1. Only acceptable project materials shall be stored on site in a suitable
location, protected from tampering and loss.
2. Contractor shall provide adequate storage to restrict access to tile and
project materials.
3. Contractor shall comply with health and safety codes, City of Palm Desert
Ordinances, and all Fire Regulations pertaining to the use and storage of all
materials. It is the Contractors responsibility to obtain all relevant literature
from those regulating agencies.
4. Where toxic and/or volatile /explosive/flammable materials are being used,
the Contractor shall provide adequate fireproof storage lockers and take all
necessary precautions and post adequate warnings (e.g. no smoking) as
required. Materials that constitute a fire hazard (paints, solvents, drop
cloths, etc.) shall be stored in suitable closed and rated containers and
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removed from the site on a daily basis. They City may allow for an adequate
lockable storage uniVlockerto be placed in an enclosed parking location, at
the Contractor's cost; ihe contractor assumes all liability.
C. ENVIRONMENTAL IMPACT:
1. Contractor shall comply with manufacturer's recommendation as to
environmental conditions under which tile removal and replacement is
covered. (See "Agreement" part 3 "Compliance with Environmental
Law")
2. The contractor shall adhere and guarantee that at the quantity of volatile
organic compounds (VOC) used in removing, cleaning, moisture barrier,
cements (concrete) and other products used on this project does not exceed
the limits permitted under the current regulations for tile removal and
installations of the South Coast Air Quality Management District, or any
other governing agency, if applicable.
3. Removal of the tile and subfloor shall comply with the regulations of the air
pollution control district having jurisdiction.
PRODUCTS:
The city suggest that the new tile replacement be with or similar to del
lavoroT"'ColorBodyTM porcelain tile; Rosso DL22. The tile shall have a break strength of
greater than 600 pounds (>6001bs), be at least a class 4 rated tile, and meet or exceed the
test results of the aforementioned tile. The tiles selected shall come in several different
sizes and shall have bullnose, and cove / base equivalents. Color to be determined by City
representative.
COLORS:
The tiles color will be determined and specified by the City's Representative.
STANDARD:
1. Contractor shall comply with pertinent provisions of the referenced
standards per manufacturers instructions, unless otherwise directed by city
staff.
2. Contractor shall meet all relevant specifications of the American's with
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Disabilities Act (ADA) pertinent to the removal and installation of floor tile.
Specifically the areas of the staircases, landings and elevators.
3. Contractor shall maintain minimum temperature limits and installations
practices recommended by material manufacturers.
4. Contractor shall install isolation & waterproofing membranes in strict
accordance with the manufacturers' recommendation.
5. Contractor shall not install tile floors over membrane until the membrane
has been tested and accepted.
6. Contractor shall mix and use proprietary materials in strict accordance with
the manufacturers' printed instnictions.
7. Contractor shall prepare the surface, set, fit, grout, and clean the work in
strict accordance with the references standards and the manufacture's
recommendation.
S. Contractor shall extend the tile in to recesses and other areas of obstruction
to form complete covering without interruptions.
9. Contractor shall terminate the tile neatly at obstructions, edges, and corners,
without disruption of pattern or join alignment.
10. Contractor shall lay tile in grid pattern unless otherwise indicated by City
Staff.
11. Contractor shall layout the tile work, and center the tile fields in both
directions in each space. Contractor shall adjust to minimize cutting.
12. Contractor shall provide uniform joint widths.
13. Contractor shall not exceed the following deviations from level and plumb,
and from elevations, locations, slopes, and alignments shown;
a. Horizontal surfaces: 1/16" in ten feet in all directions
b. Slope: The contractor shall maintain proper slope io prevent
puddles and to allow from proper drainage.
14. Provide expansion joints where required, identify all areas where required.
GROUTING:
1. Do not begin grouting floor tiles until they are firmly set and, in no case, in
less than 48 hours after they have been installed.
2. Remove spacers, ropes, glue, and similar foreign matter prior to grouting.
3. Contractor shall adhere strictly to manufacturer's directions unless
otherwise specified or approved in advance by the City Representative.
4. Contractor shall mix grout by hand or with a slow-speed drill not exceeding
300 rpm, achieving a stiff non-slumping consistency, and using the
minimum amount of liquid to achieve a workable mix. An epoxy grout is
suggested.
5. Contractor shall force the maximum amount of the approved grout into
joints in accordance with pertinent recommendations contained in ANSI
A 108.10.
6. Contractor shall fill the joinis of cushion-edge tile depth of the cushion; fill
joints of square-edge tile flush with the surface.
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7. Contractor shall fill all gaps and skips, Additionally, they shall;
a. Not permit mortar or mounting mesh to show thorough
grouted joints. Provide uniform joint widths.
b. Provide hard finished grout, which is uniform in color,
smooth, and without voids, pinholes, or low spots.
c. Leave tile clean, free from scuffs, scratches, fractures or
breaks.
8. Contractor shall cure all installation, including Portland cement grouts; if
applicable, for a minimum of 72 hours; covering with a 401b kraft paper. Do
not use polyethylene sheets directly over tile on horizontal surfaces, or as
suggested by manufacturer's written instructions.
9. After completion of setting and grouting, thoroughly clean and polish the
tile, (if applicable). Do not use acid or acid cleaners to clean tile. After the
tile is thoroughly clean and dry, polish glazed tile with clean dry cloths.
10. Contractor agrees to promptly replace cracked, chipped, broken or otherwise
defective tiles, and to remove and replace work not complying with the
requirement of the contract documents or the referenced standards.
INSPECTION:
1. Contractor shall examine surfaces scheduled for removal and installation of
tile and finishes for conditions that would aversely affect execution,
permanence or quality of work and which cannot be put into acceptable
condition through preparatory work included in this proposal. 'Notify the
City's Representative in writing of any defects or conditions, which will
prevent a satisfactory installation prior to starting the project.
2. Contractor accepts full responsibility of surfaces and guarantees application
of tile, subfloor, grouts, sealers and other products once project has begun.
3. Contractor shall not continue with surface preparation of tile installation
until conditions are suitable.
4. The contractor shall commence the installation of surface preparation only
after the City's Representative has approved. Any preparation done without
the City's approval shall be corrected at the contractor's expense, and shall
not cause an increase or a change order in the contract price.
PREPARTION OF SURFACE:
A. SUBFLOOR:
1. Contractor shall identify any issues and matters with the subfloor, such as,
dry rot, improper nailing of plywood, etc... Contractor shall identify these
issues and present them in their bids.
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2. Contractor shall repair all holes and cracks in the subfloor once the tile is
removed. Contractor shall inspect the subfloor for lack of rigidity and nail
the subfloor in areas where required. Contractor shall provide assurance thai
any method used to repair holes and cracks in subfloor is acceptable by the
tile manufacturer and guarantees that the tile will not be affected.
3. Contractor shall install a lightweight concrete subfloor(or dry pack cement),
or the best solution for this project. Contractor shall maintain the integrity of
the slopes of the subfloor to allow for proper drainage. All floated areas
shall have proper slope for drainage.
4. The contractor shall inspect the subfloor tops of all flat horizontal surfaces
for points of moisture intrusion, and repair using an approved moisture
barrier or acceptable product.
5. Contractor shall use a moisture barrier rolled on the floor and on the wall to
the height of the float.
6. Contractor shall inspect the subfloor
PROTECTION AND CLEAN UP:
1. The contractor shall protect floors, concrete slabs, staircase, elevator,
signage, and other items from damage throughout the project especialiy by
the removal and installation of tile.
2. The contractor shall provide clean drop cloths wherever necessary, and
orderly and carefully arrange and protect supplies, materials, and containers.
3. The contractor shall immediately clean up all accidental splatter, spillage,
and misplaced product and restore the affected surface to its original
condition.
4. At the completion of the work, the Contractor shall remove all materials,
supplies, debris and rubbish and leave each area in a clean acceptable
condition.
SUBSTITUTION OF SECURITIES
In conformance with the State of California Government Code Chapter 13, Section
4590, the Contractor may substitute securities for any moneys withheld by the CITY to
ensure performance under the contract.
At the request and expense of the Contractor, securities equivalent to the amount
withheld shall be deposited with the City or with a State or Federally chartered bank as the
escrow agent who shall pay such moneys to the Contractor upon notification by CITY of
Contractor's satisfactory completion of the contract.
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The type of securities deposited and the method of release shall be approved
by the City Attorney's office.
CITY'S REPRESENTATIVE
The CITY will appoint or retain a City's Representative during the construction
period. He shall determine the amount, quality, acceptability and fitness of all parts of the
work, and interpret the Contract Documents. The City's Representative will make visits to
the site and determine if the work is proceeding in accordance with the Contract
Documents. No act or omission of the City's representative relieves Contractor of the duty
to proceed with the work in strict conformity with the Contract Documents.
Upon request, the City's Representative shall reduce to writing any oral order,
objection, requirement or determination. Wherever the City's Representative's approval is
required it shall be in writing only. All communications to CITY by Contractor shall be
via the City's Representative. No work shall be performed on site other than during
normal working hours without the knowledge and consent of the City's Representative.
The Contractor, and not the City's Representative, will be responsible for the construction
means, controls, techniques, sequences, procedures, and construction safety. As stated
elsewhere, amounts shown in the Proposal and Agreement as to quantities are but estimates
only.
The City's Representative shall direct Contractor as to the prosecution of the work
in such a manner as to increase or decrease such estimates as to the work actually to be
done. Contractor shall comply with such instructions and shall be paid only for work
actually done based on the unit price set out in the Agreement.
USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS
At its expense the Contractor shall:
A) Take every precaution against injuries to persons or damage to property.
B) Comply with regulations governing the use of the property.
C) Store and suitably protect its apparatus, equipment, materials, and supplies
in an orderly fashion on site.
D) Place on the work only such loads as are consistent with the safety of the
work.
E) Before final payment remove all surplus material, false work, temporary
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structures, debris and similar matter resulting from its operations from the
site and return the site to its original condition.
F) Construct, operate and maintain all passageways, guard fences, lights,
barricades and other facilities required for protection by State or municipal
laws and regulations and local conditions during the course of the work.
G) Guard City's and private individual's property from injury or loss.
H) Take all reasonable precautions for dust and noise control and generally
conduct operations so as not to constitute a nuisance.
I} Be responsible for the protection of existing signs, fences, asphalt pavement,
concrete curb and gutter and other facilities, which may be encountered at the
jobsite. The replacement or repair of any facilities, which the CITY deems
necessary as a result of the Contractor's operations, shall be done by the
Contractor at his own expense and to the satisfaction of the City's
Representative.
J) Be responsible for the protection of landscaping, irrigation, fences, storage
structures, and miscellaneous improvements at the Buildings and Parking
Lots, as well as, the private property of the tenants and visitors
CHANGE ORDERS
Each approved change order shall be considered as an amendment to the Contract
Documents and will not be considered approved until executed by the City Council.
BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS
Reference is made to Section 4380 of the California Government Code, which is by
this reference incorporated herein with like effects as if herein with like effect as if here set
forth in full.
If a potential bidder believes he knows of an equal to a specified brand or trade
name which is not mentioned in the Contract Documents, then such potential bidder may
so advise the CITY REPRSENTATIVE of such fact, giving all relevant information. If
appropriate, an addendum will be issued as to the alleged equal provided that such issuance
may be accomplished at least 5 days before the time fixed for opening bids.
Unless the subject article or product is expressly designated for matching others in
use in a particular public improvement either completed or in the course of completion, any
bidder may, as part of its bid proposal, include a request for substitution of an item equal to
any specified brand or trade name. At the pre-construction meeting, the Contractor may
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submit to the CITY REPRSENTATIVE data substaniiating such a request, and the
difference, if any, in cost. CITY REPRSENTATIVE shall promptly investigate the request
and make a recommendation to the CITY as to equality. CITY shall promptly determine
whether the substitute is equal in every respect to the item speci�ed, and approve or deny
the request accordingly, and shall notify the CONTRACTOR of the determination made, in
writing of the decision. Unless the request is granted, substitution will not be permitted.
Nothing herein shall authorize a change in the contract price or prevent the use of
change orders in the manner provided elsewhere in the Contract Documents.
FINAL INSPECTION - NOTICE OF COMPLETION
When the work is ready for final inspection CITY will cause the work to be
inspected and subject to such tests as seem to be required for the purpose of determining if
the work is complete in every respect.
Upon acceptance of the work the CITY shall issue a Notice of Acceptance to the
Contractor and a Notice of Completion will be recorded.
As between the parties, the recordation of the Notice of Completion, unless
recorded because of a cessation of labor, means only that the time for final payment and the
commencement of the guarantee period begins.
GUARANTEE
The Contractor shall warrant and guarantee all materials, surfaces, and work
performed for a period of five (5) years from the date of Notice of Completion and that the
completed system is free from all defects due to faulty materials or workmanship. The
Contractor shall promptly make such corrections as may be necessary by reason of such
defects including the repairs of any damage to other parts of the system resulting from such
defects.
The CITY will give notice of observed defects with reasonable promptness. In the
event that the Contractor should fail to make such repairs, adjustments, or other work that
may be made necessary by such defects, the CITY may do so and charge the Contractor the
cost thereby incurred. The Performance Bond shall remain in full force and effect through
the guarantee period.
CITY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT
CITY may, without prejudice to such other right, remedy or relief it may be entitled
to, by 10 day's notice to Contractor, terminate the empioyment of Contractor and its right to
proceed, if:
1. Contractor shall be adjudged bankrupt or make an assignment for the
benefit of creditors.
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2. A receiver or liquidator is appointed for Contractor or any of its property.
3. Contractor shall refuse or fail after Notice of Warning from CITY by City's
Representative to supply suf�cient properly skilled workmen or suitable
materials.
4. Contractor faits to perform the work with such diligence as will insure its
completion within the stipulated time period.
5. Contractor fails to make payments to persons supplying labor or materials
for the work.
6. Contractor does not comply with applicable law or instructions of City's
Representative.
7. Contractor is otherwise guilty of a substantial violation of any provision of
the Contract Documents.
City's right to terminate may be for the entire work, or at City's option, as to any
portion thereof as to which delay shall have occurred or breach or noncompliance relates,
and may thereupon take possession of the affected work and complete the work by
Contract or otherwise, as CITY deems expedient. In such case Contractor shall not be
entitled to receive any further payment until the work is finished. If the unpaid balance
shall exceed the expense of completion, and other damage, expense or loss of CITY
occasioned by Contractor's failure to properly perform, such excess shall be paid by
Contractor. If such expense and damage exceeds the unpaid balance, Contractor is liable to
CITY for the excess. If CITY elects to proceed under this Section, it may take possession
of and utilize in completing the work such materials, supplies, plant and equipment on site
which may be necessary or convenient for the purpose of completing the work. CITY is
expressly granted the right - acting via an City's Representative or otherwise -to operate
equipment and machinery on site for ihe purpose of determining whether it has a basis for
proceeding under this section.
Decision by CITY not to proceed under this Section does not constitute a waiver by
CITY of any right it might from time to time have against Contractor under the Contract
Documents.
FINAL PAYMENT
Within thirty-five (35) days after the Notice of completion is recorded the City will
pay to the contractor all; remaining funds. Representative will make a proposed final
estimate in writing of the quantities of work done under the contract and the value of such
work and will submit such estimate to Contractor. Within thirty-five (35) days thereafter
Contractor shall submit to City's Representative his written approval of said proposed final
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estimate or written statement of all claims, which he has for additional compensation
claimed to be due under the contract.
On Contractor's approval or if he files no claims within said period of thirty-five
(35) days, City's Representative will issue a final written estimate as submitted to
Contractor and CITY shall pay the sum found due thereon after deducting all prior
payments and all amounts to be kept and retained under the provisions of the contract,
City's Representative shall then consider and investigate Contractor's claims and shall
make such revisions in the said estimate as he may find to be due, and shall then make and
issue his written estimate.
CITY will pay the amount so found due after deducting all previous payments and
amount to be retained under the contract.
All prior partial estimates and payments shall be subject to correction in the final
estimate and payment.
The final estimate shall be conclusive and binding against both parties to the
contract on all questions relating to the performance of the contract and the amount of ,
work done thereunder and compensation therefore, except in the case of gross error.
Acceptance of final payment constitutes a release of CITY by Contractor from all claims
relating to undisputed contract amounts.
Any payment, however, final or otherwise, shall not release the Contractor or his
sureties from any obligations under the Contract Documents or the Performance Bond and
Payment Bonds.
CLAIMS
The Contractor will indemnify and save the CITY or the City's agents harmless
from all claims growing out of the lawful demand of subcontractors, laborers, workmen,
mechanics, materialmen, and furnishers of machinery and parts thereof, equipment tools,
and supplies, incurred in the furtherance of the performance of the work. The Contractor
shall, at the City's request, furnish satisfactory evidence that all obligations of the nature
designated above have been paid, discharged, or waived. If the Contractor fails to do so
the CITY may, after having notified the Contractor, either pay unpaid bills or withhold
from the Contractor's unpaid compensation a sum of money deemed reasonable and
sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that
all liabilities have been fully discharged whereupon payment to the Contractor shall be
resumed, in accordance with the terms of the Contract Documents, but in no event shall the
provisions of this sentence be constnicted to impose any obligations upon the CITY to
either the Contractor his Surety, or any third party. In paying any unpaid bills of the
Contractor, any payment so made by the CITY shall be considered as a payment made
under the Contract Documents by the CITY to the Contractor and the CITY shall not be
liable to the Contractor for any such payment made in good faith.
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DISPUTE RESOLUTION
Any separate demand by the Contractor for payment of moneys or damages arising
from work done by or on behalf of the Contractor pursuant to this contract, payment of
which is not otherwise expressly required by the contract or any separate demand by the
Contractor the amount of which is disputed by the CITY, such demand being in an amount
of$375,000 or less, shall be resolved pursuant to Sections 20104, etse . of the California
Public Contract Code, as may be amended. These sections are summarized as follows:
A) For any claim, as defined in Section 20104 of the California Public Contract
Code, by the Contractor of an amount less than $50,000, the CITY will
respond in writing within forty-five (45) days of receipt of the claim, or may
request in writing within thirty (30) days of receipt of the claim any
additional documentation supporting the claim or related to any defenses the
CITY may have against such claim. The City's written response to the
claim, as further documented, will be submitted to the Contractor within
fifteen (15) days from receipt of the further documentation or within a
period of time no greater than that taken by the Contractor in producing the
additional documentation, whichever is greater.
B) For any claim, as defined in Section 20104 of the California Public Code, by
the Contractor for an amount between $50,000 and $375,000, the CITY will
respond in writing within sixty (60) days of receipt of the claim, or may
request in writing within thirty (30) days of receipt of the claim any
additional documentation supporting the claim or related to any defenses
which the CITY may have against such claim. The City's written response
to the claim, as further documented, will be submitted to the Contractor
within thirty (30) days from receipt of the further documentation or within a
period of time no greater than that taken by the Contractor in producing the
additional documentation, whichever is greater.
C) If the Contractor disputes the City's written response, or the CITY fails to
respond within the time prescribed, the Contractor may notify the CITY, in
writing, either within fifteen (15) days of receipt of the City's response or
within fifteen (15) days of the City's failure to respond within the statutorily
prescribed time, and demand and informal conference to meet and confer
for settlement of the issues in dispute. Upon demand, the CITY shall
schedule a meet and confer conference within thirty (30) days for settlement
of the dispute.
D) If the meet and confer process does not produce a settlement agreement, the
Contractor may file a claim pursuant to Government Code Section 900, et
se�c. The period of time within which to file such a claim shall be as defined
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in Section 20104.2(e).
E) The procedures for any civil action brought by the parties resolve such
claims shall be those set forth in Section 20104.4 of the California Public
Contract Code, a summary of which is set for below:
1) Within sixty (60) days, but no earlier than thirty (30) days, following
the filing of responsive pleading, unless waived by mutual
stipulation of both parties, the court shall submit the matter to non-
binding mediation. The mediation process shall commence within
thirty (30) days of the submittal, and shall be concluded within
fifteen (15) days from the commencement of the mediation process,
except as may be otherwise required by Section 20104.4 of the
Public Contract Code.
2) If the matter remains in dispute after mediation, the case shall be
submitted to judicial arbitration. An arbitrator shall be appointed and
proceedings shall be conducted pursuant to provisions of Section
20104.4 of the Public Contract Code.
3) If the party appealing an arbitration award does not obtain a more
favorable judgment that party shall, in addition to the payment of costs
and fees, also pay the attorneys' fees on appeal of the other party.
F) In any suit filed pursuant to these provisions, the CITY shall pay interest at
the legal rate on any arbitration award or judgment in favor of the
Contractor. The interest shall begin to accrue on the date the suit is filed in
a court of law.
G) Except as set forth herein, or as otherwise provided under State law, it is
understood and agreed by the parties that all rights any of them may have to
arbitration for the settling of disputes, claims, and other matters arising out
of or relating to this contract or the breach thereof are hereby specifically
waived by all of them.
DOCUMENTS OF CONTRACTOR
Upon demand, Contractor shall make available to CITY all documents in its
possession relevant to the work accomplished or to be accomplished or any demand or
claim of the Contractor as to CITY. This includes copies of documents sent by Contractor
or others in its possession. Contractor shall further make available to CITY, conformed
copies of all documents submitted to the sureties who executed the Bid Bond, Faithful
Performance Bond or Labor and Materials Bond for the indemnification made to such
surety by others for such purpose. Contractor shall maintain in its possession all
documents relative to the work for three years after Notice of Completion.
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PRO,TECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO ACT IN AN
EMERGENCY
The Contractor shall take all responsible precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury or loss to:
1. All employees on the worksite and all other persons who may be affected
thereby;
2. All the work and all materials and equipment to be incorporated therein,
whether in storage on or off the site, under the care, custody or control of
the Contractor or any of his Subcontractor or Sub-subcontractors;
3. Other property at the site or adjacent thereto, including trees, shrubs, lawns,
irrigation, walkways, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of the
project; and
4. Vehicular and pedestrian traffic on or near the project site. This
requirement shall apply continuously and not be limited to normal working
hours.
The Contractor is responsible for maintaining full compliance with all CAL OSHA
standards and regulations while performing the work under ihis contract.
The Contractor acknowledges and agrees to be defined as the "controlling
employer" at the work site. As the controlling employer, the Contractor shall be
responsible for taking reasonable steps to ensure that all subcontractors, performing work
under this contract, also meet all CAL OSHA standards and regulations.
The Contractor shall be responsible for all fines, penalties, judgments or work
stoppages that result from CAL OSHA action.
The Contractor shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public authority bearing on the
safety of persons or property or their protection from damage, injury or loss.
The Contractor shall erect and maintain, as required by existing conditions and
progress of the work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and
notifying City's and users of adjacent utilities.
Full compensation for the work involved in carrying out the safety precautions shall
be considered as included in the various items of work and no additional payment will be
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made therefore.
In case of an emergency, which threatens loss or injury to property or life,
Contractor shall act without previous instructions as the situation may warrant. Contractor
shall notify City's Representative immediately thereafter. Any compensation for
emergency work claimed by Contractor, together with substantiating documentation, shall
be submitted to CITY via City's Representative.
SUPERVISION BY CONTRACTOR
The Contractor will supervise and direct the work. He will be solely responsible for
the means, methods, techniques, sequences and procedures of construction. The
Contractor will employ and maintain on the work site a qualified supervisor or
superintendent who shall have been designated in writing by the Contractor as the
Contractor's representative at the site. The supervisor shall have full authority to act on
behalf of the Contractor and all communications given to the supervisor shall be as binding
as if given to the Contractor. The supervisor shall be present on the work site at all times
as required to perform adequate supervision and coordination of the work. Contractor shall
not change job supervisor without written approval of City's Representative.
CHANGES IN THE WORK
The CITY may at any time, as the need arises, order changes within the scope of the
work without invalidating the Agreement. If such changes increase or decrease the amount
due under the Contract Documents, or in the time required for performance of the work, an
equitable adjustment shall be authorized by Change Order.
CHANGES IN CONTRACT PRICE
The Contract Price may be changed only by a Change Order. The value of any
work covered by a Change Order or of any claim for the increase or dccrease in the
Contract Price shall be determined by one or more of the following methods in the order of
precedence listed below:
1. Unit prices previously approved.
2. An agreed lump sum.
3. The actual cost for labor, direct overhead, materials, supplies, equipment,
and other services necessary to complete the work. In addition there shall
be added an amount to be agreed upon but not to exceed fifteen (15) percent
of the actual cost of the work to cover the cost of general overhead and
profit.
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INDEMNITY AGREEMENT/HOLD HARNII.ESS
Except for gross negligence or willfu� misconduct of an Indemnity, the Contractor
hereby assumes liability for and agrees to defend, indemnify, protect and hold harmless the
City and its officers, agents, and employees, from and against all claims, charges, damages,
demands, actions, proceeding, losses, stop notices, costs, expenses (including counsel
fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever,
which may arise out of or encountered in connection with this Agreement or the
performance of the Work including, but not limited to, death of or bodily or personal injury
to persons or damage to property, including property owned by or under the care and
custody of the City, and for civil fines and penalties, that may arise from or be caused, in
whole or in part, by any negligent or other act or omission of Contractor, its officers,
agents, employees, or Subcontractors inciuding, but not Iimited to, Iiabiiity arising from:
l. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, wttich may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by the
Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or Subcontractors under or
pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state regional, or municipal law ordinance, rule or regulation.
The Contractor also agrees to indemnify City and pay for all damage or loss
suffered by City including, but not limited to damage or loss of City property, to the extent
not insured by City and loss of City revenue from any source, caused by or arising out of
the conditions, operations, uses, occupations, acts, omissions or negligence referred to in
Sub-sections (1), (2), (3), and (4) above.
Contractor's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,
judgment, civil fine or penalty, or liability was caused in part or contributed to by an
Indemnity. However, without affecting the rights of ihe City under and provision of this
agreement, Contractor shall not by required to indemnify and hold harmless City for
liability attributabie to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
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obligation of the Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Coniracior agrees to obtain executed indemnity agreements with provisions identical
to those set forth herein this section from each and every subcontractor or any other person
or entity involved by, for, with, or on behalf of Contractor in the performance of this
agreement. In the event that Contractor fails to obtain such indemnity obligations from
others as required here, Contractor agrees to by fully responsibly according to the terms of
this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the successors,
assigns or heirs of Contractor and shall survive the termination of this agreement or this
section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnities may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is entitled
to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any
monies to the Contractor under this Agreement for the purpose of resolving such claims;
provided, however, City may release such funds if the Contractor provides City with
reasonable assurance of protection of the Indemnities' interests. City shall, in its sole
discretion, determining whether such assurances are reasonable.
LIABILITY INSURANCE
The Contractor shall procure and maintain for the duration of the contract
commercial general liability 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 the Contractor, his agents, representatives, employees or subcontractors. The
cost of such insurance shall be borne by the Contractor. The Contractor shall maintain
general commercial liability of not less than One Million Dollars ($1,000,000.00) per
occurrence for bodily injury, personal injury and property damage. Any deductibles or
self-insured retentions must be declared to the City and approved by the Risk Manager.
The general commercial liability endorsement shall contain the following provisions:
"The City, its Redevelopment Agency, its officials, employees, agents, and volunteers are
to be covered as additionally insureds" as respects:
1. Commercial General Liabiiity Insurance using Insurance Services Office
"Commercial General Liability" policy form CG 00 O1 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be
no cross liability exclusion for claims or suits by one insured against
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another. Limits shall by not less than $1,000,000 per occurrence for all
covered losses and no less than $3,000,000 general aggregate.
2. Workers Compensation on a state-approved policy form providing
statutory benefits as required by law with employer's liability limits not less
than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on an ISO Business Auto Coverage form CA 00
O1 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits
shall be no less than $1,000,000 per accident, combined single limit. If
Contractor owns no vehicles, this requirement may be satisfied by a non-
owned auto endorsement to the general liability policy described above. If
Contractor or Contractor's employees will use personal autos in any way on
this project, Contractor shall provide evidence of personal auto liability
coverage for each such person.
4. Course of Construction insurance shall provide "all risk" coverage for the
completed value of the project. Policies shall contain the following
provisions: (1) City shall be named as loss payee; and (2) the insurer shall
waive all rights of recovery against the City.
Insurance procured pursuant to these requirements shall be written by insurers that
are admitted carriers in the state of California and with an A.M. Best rating of A- or better
and a minimum financial size VII.
The contractor also agrees to the following:
1. Contractor agrees to endorse third party general liability coverage required
here to include as additional insureds City, its Redevelopment Agency, its
officials, employees and agents. Contractor also agrees to require the same
provision of all subcontractors,joint ventures or other parties engaged by or
on behalf of Contractor in relation to this agreement.
2. Contractor agrees to provide evidence of the insurance required herein,
satisfactory to City, consisting of: a) certificate(s) of insurance evidencing
all of the cover ages required and b) an additional insured endorsement to
Contractor's general liability policy using lnsurance Services Office form
CG 20 10 11 85. Contractor agrees, upon request by City to provide
complete, certified copies of any policies required by this section, within 10
days of such request. Any actual or alleged failure on the part of City or any
other additional insured under these requirements to obtain proof of
insurance required under this Agreement in no way waives any right or
remedy of City or any additional insured, in this or any other regard.
3. All insurance coverage and limits provided by Contractor and available or
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applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement limits the application of such
insurance coverage.
4. Contractor agrees to endorse insurance policies provided pursuant to these
requirements, to provide notice to City 60 days prior to cancellation of such
liability coverage or any material alteration or non-renewal of any such
coverage. Contractor shall assure that this provision also applies to any
subcontractors,joint ventures or any other party engaged by or on behalf of
Contractor in relation to this agreement. Certificate(s) are to reflect that the
insurer will provide 60 days notice to City of any cancellation of coverage.
Contractor agrees to require its insurer or agent to modify such certificates
to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements
if the certificate.
5. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contractor of any subcontractor, is
intended to apply on a primary non-contributing basis in relation to any
other insurance or self insurance available to City. Policies shall contain or
be endorsed to contain such provisions.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises, Contractor shall
not make any reductions in scope of coverage (e.g. elimination of con-
tractual liability or reduction of discovery period) that may affect City's
protection without City's prior written consent.
7. IVo liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any
exclusion for bodily injury to an employee of the insurcd or of any
contractor or subcontractor.
8. No liability insurance coverage provided to comply with this Agreement
shall prohibit Contractor, or Contractor's employees, or agents, from
waiving the right of subrogation prior to a loss. Contractor waives its right
of subrogation against City.
9. All insurance coverage maintained or procured pursuant to this Agreement
shall be endorsed to delete the subrogation condition as to City, or to
specifically allow Contractor or others providing insurance herein to waive
subrogation prior to a ]oss. This endorsement shall be obtained regardless
of existing policy wording that may appear to allow such waivers.
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10. In the event any policy of insurance required under Agreement does not
comply with these requirements or is cancelled 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.
11. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any requirement
imposes no additional obligations on City nor does it waive any rights
hereunder.
12. Contractor agrees to require all subcontractors or other parties hired for his
project to provide the same insurance as required of Contractor unless
otherwise agreed to by City. The subcontractor's general liability insurance
shall add as additional insured all parties to this Agreement using Insurance
Services Office form CG 20 10 44 85.
Contractor agrees to obtain certificates evidencing such coverage and make
reasonable efforts to ensure that such coverage is provided as required here.
13. For purposes of insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that
can by considered to be in furtherance of or toward performance of this
Agreement.
14. The provisions of any workers' compensation or similar act will not limit
the obligations of Contractor under this Agreement. Contractor expressly
agrees not to use any statutory immunity defenses under such laws with
respect to City, its Redevelopment Agency, its employees, officials and
agents.
15. The insurance requirements set forth in this Section are intended to be
separate and distinct from any other provision in this Agreement and are
intended to by interpreted as such.
16. Unless otherwise approved by City, insurance provided pursuant to these
requirements shall be by insures authorized to do business in California and
with an A.M. Best rating of A- or better and a minimum financial size of
V II.
17. Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but
not the duty) to monitor the handling of any such clam or claims if they are
likely to involve the City.
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18. Contractor agrees to have its general liability coverage endorsed so that all
coverage limits required by this agreement are available separately for each
and every location at which Coniractor conducts operations of any type on
behalf of City. Contractor warrants that these limits will not be reduced
except by losses attributable to those specific locations and not by losses
from any other operations of Contractor.
TERMINATION OF CONTRACT BY CONTRACTOR
The Contractor may terminate the contract upon 10 calendar days written notice to
the CITY, whenever (1) the entire work has been suspended in accordance with these
provisions for 60 consecutive calendar days through no fault or negligence of the
Contractor, and notice to resume work or to terminate the contract has not been received
from the CITY wiihin this time period; or (2) the CITY should fail to pay the Contractor
any substantial sum due him in accordance with the terms of ihe contract and within the
time limits prescribed. In the event of such termination, the Contractor shall have no
claims against the CITY except for those claims specifically enumerated in these
provisions and determined in accordance thereof.
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PSG:AH:ah
Attachments (2)
CITY OF PALM DESERT
FINANCE DEPARTMENT
STAFF REPORT
REQUEST: Reject all bids from the November 26, 2007 bid opening to replace the floor tile in
the entry and walkways at the Parkview Office Complex Buildings and authorize
the City Clerk to advertise for bids to replace floor tile at the Parkview Office
Complex
APPLICANT: Paul S. Gibson, Finance Director
DATE: December 13, 2007
CONTENTS: Request for Proposal (1)
Recommendation:
By Minute motion,
(1) Reject all bids from the November 26, 2007 bid opening to replace the
floor tile in the entry and walkways at the Parkview Office Complex
Buildings and,
(2) Authorize the City Clerk to advertise for bids for the replacement of the
floor tile in the entry and walkways at the Parkview Office Complex
Buildings.
Background:
Only one bid was received for the floor tile replacement project at the Parkview Office Complex.
The bid that was received did not meet the criteria as specified in the Request for Proposals,
therefore, staff suggests that the bid be rejected as non -responsive.
Staff recommends that the bid be rejected and advertising for the replacement of the floor tile at
Parkview Office Complex be done again.
Approval:
Paul S. Gibson, Director of Finance - Carlos L. Orteg'ity Manager
"'ITY COUNCIL ACTION:
,APPROVED ✓ DENIED
RECEIVED OTHER
YETI G DATE I - 13-O' I
AYES•1- tiliSoril EtlyypipliY�r��^
NOES:
ASSENT : of+y
ABSTAIN: mom_
VERIFIED BY: kn:Ira
lriginal on File with 'City Clerk's Office