HomeMy WebLinkAboutC26200 - Best Quality Painting AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2005, by and between CITY OF PALM DESERT, Califomia, hereafter called
"CITY", and Best Qualitv Paintinq hereinafter called "Contractor".
WITNESSETH
RECITALS:
Contractor has submitted to CITY its Contractor's P�oposal for the construction of
CITY Project,
1. PAINTING OF THE CITY OF PALM DESERT CIVIC CENTER EXTERIOR
CONTRACT NO. C26200 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 Instructions to Bidders;
(d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The PerFormance
Bond; (g) The Payment Bond; (h) The General Specifications; (i) The
General Special Provisions; (j) Technical Specifications; (k) Addenda ; (I)
Any Change Orders issued; (m) Any additional or supplemental
specifications, 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 (10) calendar days of
issuance 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 thirty (35)
calendar days from the Notice to Proceed date to the satisfaction of the
CITY's Representative. Work will commence
3. Contractor agrees to indemnify, defend and save CITY and its officers,
J-1
agents and employees, and the CITY's REPRESENTATIVE 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 aN 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 other
person, firm or corporation furnishing or supplying work, services,
materials or supplies in connection with the performance of the
Agreement.
4. Liquidated damages shall be $200.00 review dollars per calendar day of
delay.
5. 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.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7. 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
and deductions as may be made pursuant to the Contact Documents and
applicable law.
$. 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
Califomia 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
J-2
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, this Agreement which shall be deemed
an original on the date first above written.
CITY OF PALM DESERT CONTRACTOR (signature to be
notarized)
By: By:
Richard S. Kelly, Mayor Signature
Title
Attest:
Rachelle D. Klassen, Secretary
Approved as to form:
David Erwin, City Attorney
J-3
CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Labor Code Section 3700 in relevant part 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.
By:
(In accordance with Article 5 - commencinq at Section 1860), Chapter 1, part 7
Division of the Labor Code, the above certificate must be siqned and filed with the
awardinq bodv prior to performinq any work under this contract.)
K-1
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 Subroqation. 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 INSURER.
I, , warrant that I have authority to bind
(print or type name)
the below-listed insurance company and, by my signature hereon, do so
bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the CITY)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
L-1
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF
THEINSURER
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 signature required on endorsement fumished to the CITY)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
L-2
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: PAINTING OF THE CITY OF PALM DESERT CIVIC CENTER
EXTERIOR, CONTRACT NO. C26200, (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
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 well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if 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
Unemployment 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 alt 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
M-1
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 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 seals this
day of , 2007 .
PRINCIPAUCONTRACTOR: 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: $
(the above must be filled in by corporate surety).
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 current 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
M-2
or representative for service of process in
California if different from above)
M-3
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS the CITY OF PALM DESERT has awarded to
hereinafter designated as the "Principal", a contract for: PAINTING OF THE CITY
OF PALM DESERT CIVIC CENTER EXTERIOR, CONTRACT NO. C26200.
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% of the contract amount in lawful money of the United
States af 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 IS 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 wise 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.
N-1
IN WITNESS WHEREOF, identical counterparts of this instrument, each of
which shall for all purposes be deemed an origina� thereof, have been duly
executed by the Principal and Surety above named, on this day
of , 2007.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
N-2
CITY OF PALM DESERT
GENERAL SPECIFICATIONS
FOR
THE PAINTING OF THE CITY OF PALM DESERT CIVIC CENTER EXTERIOR
CONTRACT NO. C26200
SCOPE OF WORK
PROJECT CONDITIONS:
ENVIRONMENTAL REQUIREMENTS
Exterior Surfaces:
Do not apply exterior paint in damp, rainy weather or until the surface has dried
thoroughly from the effects of such weather. Do not apply transparent finishes
or paint when temperature is below 50 degrees F. Avoid painting surfaces
when exposed to hot sunlight.
Extra Materials:
Furnish an additional five percent of each different color paint; furnish on the
project, to the City for repair purposes. Include the cost of this material in the
contract price. Select material from the same run number as the material
installed. Identify material as to the location used.
Warranty:
In addition to the warranty and correction of work requirements of the general
Conditions, warrant painting and finishing against peeling, fading, cracking,
blistering, or crazing for a period of two (2) years from the date of "Notice of
Completion". The written warranty shall include materials and labor.
MATERIALS:
The Paint Scheduie is a product manufactured by the Frazzee Paint Company,
Los Angeles, California (800-826-9048).
All Block Surfaces:
Primer: 266 Epotilt
Paint: 100% Acrylic Flat- 203 Duratec
GS-1
Substitutions: Materials will be considered for substitution subject to specified
requirements. Submit chemical formulations of materials proposed for substitution
to demonstrate that formulation of substation is similar to formulation of specified
product; or results of test showing that perFormance of substitution is equivalent to
performance of specified product.
Acceptable Products: Equal products as manufactured by Dunn Edwards, ICI,
Sherwin Williams, Benjamin Moore and Tnemec that meet all the requirements will
be considered.
Primer and Sealer coats may be thinned no more than 10 percent, with paint
manufacturer's thinner. Use other materials as they come from the can, except
otherwise approved.
Secure the Color Schedule before undercoating. Unless otherwise specified, tint
undercoats slightly to approximate the color of the finish coat. Obtain approval of
colors before proceeding with the finishing operations.
COLOR SELECTION
Paint colors to match existing on exterior of the Palm Desert Civic Center.
After the actual painting and finishing has started, the City and Staff retains the
right to make minor modifications in tone and shade on the various surfaces to suit
the actual lighting conditions encountered. Submit additional samples, as required,
to assist in final selection.
PAINTING SCHEDULE
Exterior SurFaces:
1. All Block Surfaces: 100% Acrylic Flat
Full Prime: 266 Epotilt
DFT shall be no less than 3.0 mils
Finished Coat(s): 203 Duratec
DFT shafl be no less than3.0 mils
Applied Across Patch Pattern
2. Iron and Steel: High Performance Gloss: Metal doors and frames
Metal alkyd Gloss
Spot Prime: 676 Metal Prime
DFT no less than1.5 mils
GS-2
Finished Coats: 648 Aro Plate II Gloss
DFT no Less than 2.0 mils
EXAMINATION:
Examine surfaces to be painted before beginning painting operations.
Construction of other trades that has been left or installed in a condition not
suitable to receive paint, stain, other specified finish shall be repaired or corrected
buy the applicable trade before painting. Painting of defective or unsuitable
surface implies acceptance of the surface.
PREPARATION:
1. The City of Palm Desert will coordinate to have all trimming of trees,
vines and other vegetation from on or around surfaces to be painted to allow for
easy access for men and equipment prior to the beginning of any work on any
particular section.
PROTECTION:
1. Before painting remove hardware, accessories, plates, lighting
fixtures and similar items or provide protection of such items. On completion of
each space, replace above items. Use only skilled mechanics for removing and
connecting above items. Protect adjacent surfaces as required or directed.
2. Wherever painting and finishing is being performed, protect floors,
surfaces and items from damage by the painting operations. Provide clean drop
cloths wherever necessary. Orderly and carefully arrange and protect supplies,
materials, paints, and containers.
SURFACE PREPARATION:
1. General: Surfaces shall be clean and dry before painting and
finishing. All surface contaminates and oxidized coating must be removed prior to
priming. All surtaces must be power washed. The power washing procedure must
be done using a rotary tip nozzle, suited for the psi of the washer. Remove oil and
grease by cleaning using a material and methods recommended by the paint
manufacturer. Apply the first coat of paint as soon as possible after cleaning and
drying surfaces.
2. Shop Primed Ferrous Metal Surfaces: Wash free of grease, dirt, oil
and dust using materials and methods recommended by the paint manufacturer.
Repaired shop primed surfaces and touches up whenever shop priming is
damaged, and at all welds.
GS-3
3. Wood Surfaces: Sand smooth and ciean before application of the
first coat. Putty and Spackle smooth holes, splits, and scratches after the first coat
application.
4. Good painting practices dictate that all painting systems specified
should be tested for adhesion and appearance before the job begins. Painting
systems for metal, especially all types of galvanizing and aluminum, should be
particularly tested. Follow all directions given on the manufacturers Product
Description and Data Sheets.
APPLICATION:
Application: Apply paints by brush, roller, or sprayer except as otherwise specified.
Use paint of proper consistency for each coat, well brushed out or flowed on to
obtain a uniform finish free from holidays, brush marks, sags, crawls, or other
defects.
Materials shall be applied in accordance with the approved manufacturer's
directions and specifications. Accomplish thinning required in the manner and with
the type or reducer recommended by manufacture.
The proper number of coats of paints and properly applied, will result in the
desired effect. Should this effect not be attained, apply additional coats of the
specified materials and methods.
When surfaces to receive paint come in to contact with earthen areas, trench
these areas to a depth of four inches. Thoroughly clean these surfaces from all dirt
and grime.
Sand enamel and varnish coats smooth before recoating. Repair defects and
unevenness in previously applied coatings before applying the next coat.
Sheet Metal: Back-prime raw sheet metal before installation.
CLEANING, TOUCH-UP AND REFINISHING:
Touch-up and refinishing: Touch up, refinish, or repaint runs, sags, misses,
holidays, stains and other defects in the repainted surfaces, including inadequate
coverage and mil thickness as necessary to produce a first-cfass workman like job.
GS-4
CLEANING:
Immediately remove accidental spatter and spillage and restore the damaged
surfaces to perfect condition. Completely remove paint spots and spatter on glass,
fixtures, and other surfaces, and the clean surfaces.
3.1 At completion clean all debris, waste, and leave site in orderly condition.
MISCELLANOUS:
The time schedule and sequence of the painting of buildings and breezeways
shall be coordinated through the representative of the City of Palm Desert.
The Contractor parking area will be determined by the City of Palm Desert.
Prior to the job starting a sample wall will be done showing preparation,
priming and finish. This will then be considered the standard for job
performance. All steps will be approved by the representative of the City of
Palm Desert.
CONTRACTOR is responsible for obtaining all permits and approvals required by
local, state, or Federal agencies and for complying with the requirements imposed
by those agencies. This requirement includes any encroachment permits required
by the City of Palm Desert Public Works Department.
Failure to complete all work within the time indicated above would result in the
assessment of liquidated damages in the amount of $200.00 per calendar day.
LOCATION OF WORK
Civic Center, 73-510 Fred Waring Drive, Palm Desert, California 92260.
TIME OF COMPLETION
The Contractor shall complete all work in every detail as specified in Section 2,
Page J-1 of the Agreement. No extension to the Contract Time will be made for
changes in the work unless the changes impact work on critical path activities.
WAGE RATES AND LABOR CODE REQUIREMENTS
Clavton Act and Cartwriaht Act
Section 4551 of the State Government Code specifies that in executing a public
works contract with THE CITY to supply goods, services or materials, the
Contractor or Subcontractors offers and agrees to assign to THE CITY all rights,
title and interest in and to all causes of action it may have under Section 4 of the
GS-5
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
commencing with Sec. 16700) of Part 2 of Division 7 of the Business and
Professional Code arising from purchase of goods, services or materials pursuant
to the contract or subcontract. This assignment shall become effective when
THE CITY tenders final payment to the Contractor without further
acknowledgment by the parties.
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 THE CITY of Contractor's satisfactory completion of the contract.
The type of securities deposited and the method of release shall be
approved by the City Attorney's office.
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 shal� 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.
GS-6
EXISTING FACILITIES, AND CONTRACTOR PROCEDURE
Elsewhere in the Contract Documents reference may be made graphically,
descriptively or both to the existence of possible existence of other improvements
affecting the site and the prosecution of the work such as surface and subsurface
utilities, drainage ditches and courses, buildings, fencing, retaining walls,
roadways, curbs, trees, shrubs, and similar matters. Such matters are included to
be used by Contractor to the extent it deems appropriate. However it is expressly
understood and agreed:
A. Showing or describing such items does not mean that it is an
exhaustive and complete presentation and that as to matters shown
or described that they necessarily exist and no responsibility is
assumed by City as to their exact Iocation. The Contractor shall be
responsible for locating and protecting all utilities during the course
of the work.
Damage caused by Contractor's operations to facilities that are
shown or otherwise indicated to Contractor by City's Representative �
or utility company, shall be repaired or replaced by and at the
expense of Contractor.
B. All graphic presentations are schematic only unless the contrary is
clearly set out elsewhere as to a particular matter.
C. Whenever in the plans survey markers are shown, boundaries of the
site are shown or contour lines are shown, Contractor may assume
that such matters are shown in accordance with acceptable
standards.
All improvements of the nature above described - whether elsewhere
shown or described or not - shall, unless the contrary is elsewhere
specifically directed, remain in place, undisturbed and suitably
protected during the course of the work.
Whenever during the course of the work a subsurface improvement
is discovered which Contractor believes is unknown to City, it shall
immediately so inform City's Representative. Except as elsewhere
provided, whenever in the course of the work it becomes apparent
that the work cannot proceed without the destruction or relocation of
any improvement whether shown or described or not - Contractor
shall immediately cease work affecting such improvements and
notify City's Representative as to such circumstance and await
instruction as to how to proceed. City's Representative may provide
for such relocation work to be performed by other forces, or direct
that it may be pertormed by Contractor as a change in the work.
c,s-�
D. General: All modifications, relocations and reconstruction work shall
conform with the designs of the existing facilities to the extent
practicable, and the finished work and structures shall be equal to or
better in all respects than the original facilities.
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 a safe and orderly fashion on site. Flammables shall be
stored in appropriate, secure locations.
D) Place on the work only such loads as are consistent with the safety
of the work.
E) Effect all cutting, fitting, or patching of its work required to conform to
the Plans and Specifications and adjacent improvements. The
Contractor shall not cut or otherwise alter existing improvements
except as directed by the Plans and Specification or with the consent
of City's Representative.
F) Protect and preserve established benchmarks and monuments and
make no changes in the location of such without the prior written
approval of the City. The replacement and relocation of any bench
marks and monuments which may be lost or destroyed or which
require shifting because of necessary changes in grades or locations
will be completed by the City or its representative in accordance with
Section 8771, Chapter 15 of the Business and Professions Code.
G) Before final payment remove all surplus material, false work,
temporary structures, debris and similar matter resulting from its
operations from the site and put the site in an orderly condition.
H) 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.
cs-s
I) Guard City's property from injury or loss.
J) Take all reasonable precautions for dust and noise control and
generally conduct operations so as not to constitute a nuisance.
K) Be responsible for the protection of existing signs, fences, asphalt
pavement, concrete curb and gutter and other facilities, which may be
encountered in the roadway. Be responsible for damages caused by
overspray or drops of paint on any inappropriate surface, scratched
or dented cars, contact with equipment, scaffolding or other materials
and problems caused dust and debris. 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.
L) Be responsible for the protection of landscaping, irrigation, fences,
storage structures, and miscellaneous improvements to the work
areas.
M) Be responsible for the protection of any and all automobiles that may
be near or adjacent to the work areas.
CHANGE ORDERS - DETAIL DRAWING AND INSTRUCTIONS
Each approved change order shall be considered as an amendment to the
Contract Documents and will not be considered approved until executed by the
City.
The above does not iimit the ability of CITY'S REPRESENTATIVE to issue further
detail drawings, explanations and instructions that are customarily given by an
CITY'S REPRESENTATIVE during the course of similar work. CITY'S
REPRESENTATIVE will furnish Contractor with reasonable promptness such
further detailed explanations, instructions and drawings as may be necessary for
the proper execution of the work, and Contractor shall conform to same provided
they are consistent with the intent of the Contract Documents. In giving such
additional instructions, explanations and drawings CITY'S REPRESENTATIVE
has authority to make minor changes in the work, which do not involve extra cost
and are not inconsistent with the Contract Documents.
Contractor's acting on such instructions, explanations and drawings of CITY'S
REPRESENTATIVE means that Contractor agrees that such explanations,
instructions and drawings are within the scope of the work in accordance with the
intent of the Contract Documents and do not constitute a basis for modification of
the Contract Documents as to price or time.
GS-9
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 CITY'S REPRESENTATIVE 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 submit to CITY'S REPRESENTATIVE
data substantiating such a request, and the difference, if any, in cost. CITY'S
REPRESENTATIVE 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 specified, and approve or deny
the request accordingly, and shall notify CITY'S REPRESENTATIVE of the
determination made, who shall advise Contractor 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 wilt 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 and work performed for a
period of two (2) years from the date of Notice of Compfetion and that the
GS-10
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 employment of Contractor and
its right to proceed, if:
1. Contractor shall be adjudged bankrupt or make an assignment for
the benefit of creditors.
2. A receiver or liquidator is appointed for Contractor or any of its
property.
3. Contractor shall refuse or fail after Notice of Warning from City by
City's Representative to supply sufficient properly skilled workmen or
suitable materials.
4. Contractor fails to prosecute 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 substantiat 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,
GS-11
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 materiafs, 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 a City's Representative or otherwise- to operate
equipment and machinery on site for the purpose of determining whether it has a
basis for proceeding under this section.
Decision by City not to proceed under this Section does not constitute a waiver by
City of any right it might from time to time have against Contractor under the
Contract Documents.
PAYMENT
At least ten (10) days before each progress payment falls due (but not more often
than once a month), the CONTRACTOR will submit to the CITY's
REPRESENTATIVE a partial payment estimate filled out and signed by the
CONTRACTOR covering the work performed during the period covered by the
partial payment estimate and supported by such data as the CITY's
REPRESENTATIVE may reasonably require. The CITY's REPRESENTATIVE
will, within ten (10) days after receipt of each partial payment estimate, either
indicate in writing his approval of payment and present the partial payment
estimate to the CITY, or return the partial payment estimate to the CONTRACTOR
indicating in writing his reasons for refusing to approve payment. In the latter
case, the CONTRACTOR may make the necessary corrections and resubmit the
partial payment estimate. The CITY will, within thirty (30) days of a presentation to
him of an approved partial payment estimate, pay the CONTRACTOR a progress
payment on the basis of the approved partial payment estimate. The CITY shall
retain ten (10) percent of the amount of each payment until final completion and
acceptance of all work covered by the Contract Documents.
CONTRACTOR is advised that he may, at his sole cost and expense, substitute
securities equivalent to any 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 pay such moneys to
the CONTRACTOR upon satisfactory completion of the contract. The
CONTRACTOR shall be the beneficial City 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.
PAYMENT FOR EXTRA WORK (FORCE ACCOUNT BASIS)
Extra work to be paid for on a force account basis as directed by the City's
Representative will be paid for on a time and materials basis with records
submitted to the City's Representative at the end of each working day. Labor and
GS-12
material rates will be paid on the basis of actual payments made by the
Contractor, including overhead labor burden. In addition, Contractor shall be
entitled to no more than a cumulative 15°/a general overhead and profit regardless
of the number of subcontractor tiers involved.
FINAL PAYMENT
Within thirty-five (35) days after the completion of the work and its acceptance by
the City, City's Representative will make a proposed final estimate in writing 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 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 there under 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 othenNise, 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, material men, 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, fumish 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
GS-13
all such lawful claims until satisfactory evidence is furnished that all liabilities have
been fully discharged whereupon payment to the Contractor shall be resumed, in
accordance with the terms of the Contract Documents, but in no event shall the
provisions of this sentence be constructed to impose any obligations upon the City
to either the Contractor his Surety, or any third party. In paying any unpaid bills of
the Contractor, any payment so made by the City shall be considered as a
payment made under the Contract Documents by the City to the Contracto� and
the City shall not be liable to the Contractor for any such payment made in good
faith.
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, et seq• of the California Public Contract Code, as may be
amended. These sections are summarized as follows:
A} For any cfaim, 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 additionaf
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
GS-14
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 seq• The period of time within which to file
such a claim shall be as defined 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.
GS-15
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.
PROJECT 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 Work 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, walks, pavements, roadways, structures and utilities
not designated for removal, relocation or replacement in the course
of construction; 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 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.
For the purposes of compliance with California OSHA, Contractor shall be the
controlling authority for workplace safety on the jobsite.
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 Cities and users of adjacent utilities. The contractor shall
GS-16
be fully responsible for any fines or other actions taken by CALOSHA or any other
regulatory agency against the contractor.
Full compensation for the work invotved in carrying out the safety precautions shall
be considered as included in the various items of work and no additional payment
will be made therefore.
Contractor shall have and maintain a site—specific emergency plan for first aid and
transportation for medical emergencies.
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.
LABOR CODE
Reference is made to Chapter 1, Part 7, Division 2 of the California Labor Code
(commencing with Section 1720). By this reference said Chapter 1 is incorporated
herein with like effect as if it were here set forth in full. The parties recognize that
said Chapter 1 deals, among other things with discrimination, penalties and
forfeitures, their disposition and enforcement, wages, working hours, and securing
worker's compensation insurance and directly affect the method of prosecution of
the work by Contractor and subject it under certain conditions to penalties and
forfeitures.
1. Eight-Hour Law: Pursuant to the provision of the California Labor
Code, eight hours of labor shall constitute a legal day's work, and the
time of service of any worker employed on the work shall be limited
and restricted to eight hours during any one calendar day, and forty
hours in any one calendar week, except when payment for overtime
is made at not less than one and one-half the basic rate for all hours
worked in excess of eight hours per day. The Contractor shall forfeit
to the City as a penalty, $25.00 for each worker employed in the
execution of this contract by him, or by any subcontractor under him,
for each calendar day during which such workman is required or
permitted to work more than eight hours in any one calendar day and
forty hours in any one calendar week without such compensation for
overtime violation of the provisions of said Labor Code.
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 be fluent in written and
GS-t 7
spoken English. 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.
The CITY'S REPRESENTATIVE also may, at any time, by issuing a Field Order,
make changes in the details of the work. The Contractor shall proceed with the
performance of any changes in the work so ordered by the CITY'S
REPRESENTATIVE unless the Contractor believes that such Field order entitles
him to a change in Contract Price or Time, or both in which event he shall give the
CITY'S REPRESENTATIVE WRITTEN NOTICE thereof within seven (7) days
after the receipt of the ordered change. Thereafter the Contractor shall document
the basis for change in Contract Price or Time within thirty (30) days. The
Contractor shall not execute such changes pending the receipt of an executed
Change Order or further instructions from the City.
CHANGES IN CONTRACT PRICE
The Contract Price may be changed only by a Change Order. The value of any
work covered by a Change Order or of any claim for the increase or decrease in
the Contract Price shall be determined by one or more of the following methods in
the order of precedence listed below:
1. Unit prices previously approved.
2. An agreed lump sum.
3. The actual cost for labor, direct overhead, materials, supplies,
equipment, and other services necessary to complete the work. In
addition there shall be added an amount to be agreed upon but not
to exceed fifteen (15) percent of the actual cost of the work to cover
the cost of general ovefiead and profit.
ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the Plans or Specifications provide that more than one method of
construction or more than one specified type of construction equipment may be
used to perform portions of the work and leave the selection of the method of
construction of the type of equipment to be used up to the Contractor, it is
GS-18
understood that the City does not guarantee that every such method of
construction or type of equipment can be successfully used throughout all or any
part of any project. It shall be the Contractor's responsibility to select and use the
alternative or alternatives, which will satisfactorily perform the work under the
conditions encountered. In the event some of the alternatives are not feasible or it
is necessary to use more than one of the alternatives on any project, full
compensation for any additional cost involved shall be considered as included in
the contract price paid for the item of work involved and no additional
compensation will be allowed therefore.
PROJECT APPEARANCE
The Contractor shall maintain a neat appearance of the work. In any area visible
to the public, the following shall apply:
When practicable, broken concrete, fences, and debris
developed during clearing and grubbing shall be
disposed of concurrently with its removal. If stockpiling
is necessary, the material shall be removed or
disposed of daily.
Full compensation for conforming to the provisions in this section not othennrise
provided for shall be considered as included in prices paid for the various contract
items of work involved and no additional compensation will be allowed therefore.
INDEMNITY AGREEMENT/HOLD HARMLESS
Except for gross negligence or willful misconduct of an Indemnitee, the Contractor
hereby assumes liability for and agrees to defend, indemnify, protect and hold
harmless the City and its officers, agents, and employees, and the CITY'S
REPRESENTATIVE 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 including, but not limited to, �iability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on
the premises, of any nature whatsoever, which may exist by reason
of any act, omission, neglect, or any use or occupation of the
premises by the Contractor, its officers, agents, employees, or
subcontractors;
2. Any operation conducted upon or any use or occupation of the
premises by Contractor, its officers, agents, employees, or
GS-19
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 THE CITY and pay for all damage or loss
suffered by THE CITY including, but not limited to damage or loss of CITY
property, to the extent not insured by THE 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).
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 Indemnitee. However, without affecting the rights of THE
CITY under and provision of this agreement, Contractor shall not by required to
indemnify and hold harmless THE CITY for liability attributable to the active
negligence of THE 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 THE CITY is shown to have been actively
negligent and where THE CITY'S active negligence accounts for only a
percentage of the liability involved, the obligation of the Contractor will be for that
entire portion or percentage of liability not attributable to the active negligence of
THE CITY.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor
or any other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this agreement. In the event that Contractor fails to obtain such
indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section.
Failure of THE CITY to monitor compliance with these requirements imposes no
additional obligations on THE CITY and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend THE 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
GS-20
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which
is entitled to be indemnified hereunder, THE 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, THE CITY may release
such funds if the Contractor provides THE CITY with reasonable assurance of
protection of the Indemnitees' interests. THE 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 Contracto�.
The Contractor shalt 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 officials, employees, agents, the CITY'S REPRESENTATIVE and
volunteers are to be covered as additionally insureds" as respects:
1. Commercial General Liability Insurance using Insurance Services Office
"Commercial General Liability' policy form CG 00 01 or the exact
equivalent. Defense costs must by paid in addition to limits. There shall be
no cross liability exclusion for claims or suits by one insured against
another. Limits shall by not less than $1,000,000 per occurrence for all
covered losses and no less than $2,000,000 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
01 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.
GS-21
Insurance procured pursuant to these requirements shall be written by insurers
that are authorized to conduct business in the state of California and with an A.M.
Best rating of A- or better and a minimum financial size VII, or as authorized by the
City Risk Manager.
The contractor also agrees to the following:
1. Contractor agrees to endorse third party general liability coverage required
here to include as additional insureds THE CITY, 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 THE CITY, consisting of: a) certificate(s) of insurance
evidencing all of the coverages required and b) an additional insured
endorsement to Contractor's general liability policy using Insurance
Services Office form CG 20 10 11 85, or its exact equivalent as approved
by the City Risk Manager. Contractor agrees, upon request by THE 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
THE 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 THE CITY or any additional insured, in this or any
other regard.
3. All insurance coverage and limits provided by Contractor and available or
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 THE 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 venturers 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 THE 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.
GS-22
5. It is acknowledged by the parties of this agreement that all insurance
coverage required to by 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 THE 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 THE
CITY'S protection without THE CITY'S prior written consent.
7. No 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 insured 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 THE CITY.
9. All insurance coverage maintained or procured pursuant to this Agreement
shall be endorsed to delete the subrogation condition as to THE CITY, or to
specifically allow Contractor or others providing insurance herein to waive
subrogation prior to a loss. This endorsement shall be obtained regardtess
of existing policy wording that may appear to allow such waivers.
10. In the event any policy of insurance required under Agreement does not
comply with these requirements or is cancelled and not replaced, THE CITY
has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by THE CITY will be promptly reimbursed by
Contractor or THE 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 THE CITY to inform Contractor of non-compliance with any
requirement imposes no additional obligations on THE CITY nor does it
waive any rights hereunder.
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 THE 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.
GS-23
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 by 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 THE CITY, its employees, officials and agents.
15. The insurance requirements set forth in this Section are intended to be
separate and distinct from any other p�ovision in this Agreement and are
intended to be interpreted as such.
16. Unless otherwise approved by THE CITY Risk Manager, insurance
provided pursuant to these requirements shall be by insurers authorized to
do business in Califomia and with an A.M. Best rating of A- or better and a
minimum financial size of VII.
17. Contractor agrees to provide immediate notice to THE CITY of any claim or
loss against Contractor arising out of the work performed under this
agreement. THE 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.
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 Contractor conducts operations of any type on
behalf of THE 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.
EQUAL EMPLOYMENT OPPORTUNITY
General
Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or
termination practices on the basis of race, religions creed, color, national origin,
ancestry, sex, age or physical handicap in the performance of this Contract and
shall comply with the provisions of the California Fair Employment Practice
(commencing with SS 1410 of the Labor Code), the Federal Executive Order No.
11246 (30 Federal Register 12319), as amended, and all administrative rules and
GS-24
regulations issued pursuant to said Acts and Order. See particularly 41 Code of
Federal Regulation (CRF) Chapter 60.
Contractor shall require each of its subcontractors to comply with the preceding
paragraph and shall include in each subcontract language similar to the preceding
paragraph.
1. Transaction of$10.000 or under
A. Contracts and subcontracts not exceeding $10,000 are exempt from
requirements of this clause.
B. No Contractor or subcontractor shall procure supplies and/or
services in less than usual quantities to avoid applicability of the
Equal Opportunity clause. With respect to contracts and
subcontracts for indefinite quantities, this Equal Opportunity Clause
shall apply unless it is determined by the City that the amount to be
ordered in any one year under such contract reasonab�y will be
expected not to exceed $10,000.
2. Transaction in Excess of$10.000, But Less than $50.000
A. Each prime Contractor shall certify that it has in effect an affirmative
action plan and agrees to comply with all state and federal laws and
regulations concerning Fair Employment Practices.
B. The Contractor shall maintain a written copy of its affirmative action
plan and will furnish a copy to the City upon request of the City. The
City reserves the right, during the life of this contract, to require
Contractor to complete an affirmative action compliance report
furnished by the City setting definite goals and timetables and
indicating progress in meeting the goals.
3. Transactions of$50.000 or More
A. Each prime Contractor who has fifty or more employees and a
contract of $50,000 or more shall develop and submit to the City
within thirty days of award a written affirmative action compliance
program including definite goals and time tables with the proposed
dates of compliance. The prime Contractor shall make, as a
condition of his subcontract, the same requirement of each
subcontractor who has fifty or more employees and a subcontract of
$50,000 or more. Each Contractor shall include in his affirmative
action compliance program a complete table of his employees' job
classifications. This table must include, but need not be limited to,
job titles, duties and rates of pay.
B. For the purpose of determining the number of employees under the
preceding paragraph, the average of the Contractor's or
GS-25
subcontractor's employees for the 12-month period immediately prior
to award, or the total number of employees Contractor or
subcontractor will have on all jobs or sites when performing this
contract, whichever is higher, shall be used.
4. Contractor agrees that he will permit access to his records of employment
advertisement, application forms and other pertinent data and records by
the City or his designee and any state or federal agency having jurisdiction
for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
5. The City shall have the right to assign an affirmative action representative
to monitor the conduct of the Contractor and subcontractors under this
contract. The affirmative action representative shall have the right to enter
the construction or manufacturing site for the purpose of obtaining
information from persons performing work on the project, providing such
inspection shall not in any way interfere with the progress of the work under
the contract.
TERMINATION OF CONTRACT BY CONTRACTOR
The Contractor may terminate the contract upon 10 calendar days written notice to
the City, whenever (1) the entire work has been suspended in accordance with
these provisions for 60 consecutive calendar days through no fault or negligence
of the Contractor, and notice to resume work or to terminate the contract has not
been received from the City within this time period; or(2) the City should fail to pay
the Contractor any substantial sum due him in accordance with the terms of the
contract and within the time limits prescribed. In the event of such termination, the
Contractor shall have no claims against the City except for those claims
specifically enumerated in these provisions and determined in accordance thereof.
GS-26
SECTION 1 GENERAL SPECIAL PROVISIONS
REVIEW OF CONTRACT DOCUMENTS AND JOB SITE
The CONTRACTOR shall carefully study and compare the Contract
Documents with each other and with information available to the
CONTRACTOR and furnished by the CITY OF PALM DESERT and shall
immediately notify the CITY'S REPRESENTATIVE of errors,
inconsistencies or omissions discovered. If the CONTRACTOR performs
any construction activity knowing it involves a recognized error,
inconsistency or omission in the Contract Documents without notice to the
CITY'S REPRESENTATIVE, the CONTRACTOR shall assume appropriate
responsibility for such performance and shall assume responsibility for the
full costs for correction.
The CONTRACTOR shall make field measurements, verify field conditions
and shall carefully compare such field measurements and conditions and
other information known to the CONTRACTOR with the Contract
Documents before commencing activities. Errors, inconsistencies or
omissions discovered shall be reported to the CITY'S REPRESENTATIVE
immediately.
When existing conditions are encountered which, in the opinion of the
CITY'S REPRESENTATIVE, require temparary suspension of work for
design modifications or for other determinations to be made, the
CONTRACTOR shall move to other areas of work until such determinations
are made at no cost to the CITY OF PALM DESERT. The CONTRACTOR
shall be allowed an adjustment in the Contract Price or an extension of the
Contract Time, or both, directly attributable to any such suspension, if the
CONTRACTOR makes an approved claim therefore as provided in the
General Specifications and these General Special Provisions.
Hard hats shall be worn at all times when working on the project. It is the
CONTRACTOR'S responsibility to ensure that this requirement is enforced.
PLANS AND SPECIFICATIONS
The work to be done under this Contract requires the completion of all work
in accordance with the General Specifications as modified herein.
SP-1
The Plans, Specifications, and other Contract Documents will govern the
project. The Contract Documents are intended to be complementary and
cooperative and to describe and provide for a complete project. Anything in
the Specifications and not on the Plans, or on the Plans and not in the
Specifications, shall be as though shown or mentioned in both.
While it is believed that much of the project will be shown on the Plans or
indicated in the Specifications, this does not warrant the completeness or
accuracy of such information. The CONTRACTOR shall ascertain the
existence of any conditions affecting the cost of the project, which would
have been disclosed by a reasonable examination of the site.
PERMITS AND LICENSES
Permits: The CONTRACTOR shall obtain permits for all work within the
City of Palm and the project area and will maintain proper safety and
regulatory signs for such work. The CITY OF PALM DESERT will waive the
permit fee.
Licenses: The CONTRACTOR shall obtain and pay all costs incurred for
licenses necessitated by his operations. Prior to starting any work, the
CONTRACTOR and all subcontractors shall be required to have a CITY OF
PALM DESERT Business Tax Registration valid for the time they are
engaged in work.
Fees: The CONTRACTOR shall be responsible for all inspection fees
required by agencies other than the CITY OF PALM DESERT necessitated
by his operations for this project. This includes fees required for inspection
work within the right-of-way of these other agencies and other public right-
of-way. The cost of these fees shall be included in the various contract bid
items and no additional compensation will be allowed therefore.
INSPECTION OF THE WORK
The CONTRACTOR shall notify the CITY's REPRESENTATIVE forty-eight
(48) hours in advance of the start of work. There will be inspection of this
project to ensure strict adherence to the plans and specifications.
Any work done in unauthorized areas or in a manner unacceptable to the
inspector shall not be accepted or paid for by the CITY OF PALM DESERT.
RESPONSIBILITY FOR JOB SITE CONDITIONS
CONTRACTOR acknowledges responsibility for jobsite safety and
acknowledges that the CITY's REPRESENTATIVE will not have any such
responsibility.
SP-2
All work shall be performed in accordance with applicable Health and
Safety laws and standards including all requirements of the State of
California Division of Industrial Safety.
CONTRACTOR agrees that, in accordance with generally accepted
construction practices, CONTRACTOR will be required to assume sole and
complete responsibility for job site conditions during the course of
construction of this project including safety of all persons and property, that
this requirement shall be made to apply continuously and not be limited to
normal working hours, and CONTRACTOR further agrees to defend,
indemnify and hold design and construction observation professionals
harmless from all liability and claims, real or alleged, in connection with the
performance of work on this project.
CONTRACTOR will not perform any labor in restricted area during normal
working hours Monday through Friday. Restricted areas are defined as
traffic areas used by City employees and The Public for normal business
purposes. Any structures such as scaffolding must be safe for pedestrian
traffic and not constitute any physical hazards. The restricted area will be
agreed upon by Contractor and City Representative prior to the start of any
work.
PROTECTION OF PUBLIC
The CONTRACTOR shall take all necessary precautions to protect the
public, especially children, from the hazards of construction. Attractive
nuisances shall either be covered or adequately fenced at night and on
weekends or whenever operations are not actually in progress.
Unusual conditions may arise on the project that will require that immediate
and special provisions be made to protect the public from danger or loss or
damage to life and property, due directly or indirectly to the progression of
the work. It is part of the service required of the CONTRACTOR to make
such provisions and to furnish such protection.
The CONTRACTOR shall use such foresight and shall take such steps and
precautions as his operations make necessary to protect the public from
danger or damage, or loss of life or property, which would result from the
interruption or contamination of public water supply, irrigation or other public
service or from the failure of partly completed work.
Whenever, in the opinion of the CITY OF PALM DESERT, an emergency
exists against which the CONTRACTOR has not taken sufficient precaution
for the safety of the public or the protection of utilities or of adjacent
structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent
likely loss of human life or damage on account of the operations under the
SP-3
contract, then and in that event, the CITY OF PALM DESERT may provide
suitable protection to said interest by causing such work to be perFormed
and material to be furnished, as, in the opinion of the CITY OF PALM
DESERT, may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and
expense of such repairs as may be deemed necessary shall be borne by
the CONTRACTOR. If he shall not pay said cost and expense upon
presentation of the bills therefore, duly certified by the CITY's
REPRESENTATIVE, then said costs and expense will be paid by the CITY
OF PALM DESERT and shall thereafter be deducted from any amounts
due, or which may become due said CONTRACTOR. Failure of the CITY
OF PALM DESERT to take such precautionary measure shall not relieve
the CONTRACTOR of his full responsibility for public safety.
Materials and equipment shall be so stored as to not create a public
nuisance and to insure the preservation of their quality and fitness for the
work. No materials or equipment shall be stored at the project site unless its
use is imminent. Flammable, toxic or hazardous materials are not to be
stored at the job site unless housed in proper containers or equipment that
is designed for that use and can be locked and secured.
The CONTRACTOR is responsible to design, construct and maintain all
safety devices and be responsible for conforming to all locaf, state and
federal safety and health standard, laws and regulation. Neither the CITY
OF PALM DESERT nor the CITY'S REPRESENTATIVE shall enforce
safety measures or regulations.
DUST CONTROUAIR CONTAMINATES
The CONTRACTOR shall comply with Section 7-8.1, "Cleanup and Dust
Control," of the Standard Specifications. The CONTRACTOR must comply
with the Municipal Code, Chapter 8.20, "Public Nuisances" Chapter
27.12.067, "Blowsand and Dust Control."
The CONTRACTOR shall not discharge smoke, dust, or any other air
contaminants into the atmosphere in such quantity as will violate the
regulations of any legally constituted authority.
WATER
The cost to furnish and apply water shall be included in the lump sum bid
and no additional payment will be allowed therefore.
SP-4
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS AND
SERVICES
This section covers the protection and preservation of existing facilities and
services, their modification, reconstruction, or replacement and their
demolition and removal, as specified, shown or required. The term
"Existing Facilities" used herein includes the improvements under
construction by other contractors.
The CONTRACTOR shall, as directed by the CITY'S REPRESENTATIVE,
remove from all public property at its own expense all temporary structures,
rubbish and waste materials resulting from its operations. This includes
temporary work area obtained by the CONTRACTOR.
All existing surfaces, whether asphaltic or concrete, Portland Cement
concrete, permanent fencing and barriers, landscape material such as turf,
trees, shrubs, gravel, etc., or other, shall, after construction, be restored to
a condition at least equal to that which existed prior to constn.�ction. All
restoration shall be in-kind except in those areas where details indicate to
the contrary. The details of those areas will govern.
Protect existing buildings, paving, landscaping, and other services or
facilities on-site and adjacent to the site from damage caused by site work
operations and access to the site. Cost of repair and restoration of
damaged items shall be at the CONTRACTOR's expense.
Protect and maintain streetlights, utility poles and services, traffic signal
control boxes, curb boxes, valves and other services, except items
designated for removal. Provide for temporary relocation when required to
maintain facilities and services in operation during construction work.
It shall be the CONTRACTOR's responsibility to conduct his operations in
such a manner so as to prevent damage to existing substructures. In the
event of substructure damage, the CONTRACTOR shall bear full
responsibility and total expense for repair and/or replacement of said
substructure.
Payment for this work shall be included in the lump sum bid and no
additional compensation will be therefore made.
MEASUREMENT AND PAYMENT
The cost of all labor, material and equipment necessary to complete the
work as described in the plans and specifications shall be included in the
lump sum price The contract amount shall include all labor, material and
equipment costs necessary to complete the work, even though not shown
or specified. The work will be considered complete when all necessary work
SP-5
has been completed and accepted by the CITY OF PALM DESERT,
including site clean up.
DIFFERING CONDITIONS
Field obstruction or differences in dimensions may exist that might not have
been considered or observed during design of this project. CONTRACTOR
shall promptly notify the CITY'S REPRESENTATIVE and the City having
jurisdiction by telephone and in writing upon discovery of and before
disturbing, any physical conditions differing f�om those represented by
approved plans and specifications. In the event this notification is not
performed, the CONTRACTOR shall assume full responsibility for
necessary revisions.
NOISE ABATEMENT
A maximum noise level limit of eighty-five (85) decibels at a distance of fifty
(50) feet shall apply to all construction equipment on or related to the
project whether owned by the CONTRACTOR or not. The use of
excessively loud waming signals shall be avoided except in those cases
required for the protection of personnel. The use of generators or other
mechanical devices between the hours 5:00 p.m. and 8:00 a.m. shall not be
permitted unless approved by the CITY's REPRESENTATIVE.
CONSTRUCTION SCHEDULE
The CONTRACTOR shall prepare a detailed bar chart schedule for this
project. The schedule will be reviewed by the CITY's REPRESENTATIVE
and the CONTRACTOR will make any reasonable changes requested to
make the schedule acceptable.
On a bi-weekly' basis the CONTRACTOR shall submit an updated
schedule reflecting the work progress for the previous week. If, at any time,
the updated schedule shows project completion five or more working days
behind schedule, the contractor will be required to submit a recovery
schedule showing how the original completion date will be met. After the
recovery schedule has been found to be acceptable by the CITY's
REPRESENTATIVE, it will be used to govern work until the original
schedule is recovered.
No extensions of contract time will be granted for changes in work that do
not impact critical path activities.
Alf schedule submittals will be made in printed format to the CITY's
REPRESENTATIVE.
SP-6
HOURS OF OPERATION
Unless otherwise approved by the CITY's REPRESENTATIVE, the
CONTRACTOR shall not work outside the following Hours of Operations for
this project:
October 1 St to Apri! 30�' :
Weekdays (MTWTF): 7:00 a.m. to 5:30 p.m.
Saturdays: 8:00 a.m. to 5:00 p.m.
Sundays 8:00 a.m. to 5:OOp.m.
Government Holidays 8:00 a.m. to S:OOp.m.
May 1 St to September 30cn :
Weekdays (MTWTF): 6:00 a.m. to 7:00 p.m.
Saturdays: 8:00 a.m. to 5:00 p.m.
Sundays 8:00 a.m. to 5:00 p.m.
Gavernment Holidays 8:00 a.m. to 5:00 p.m.
SPEClAL SERVICES
Special Services shall be preformed by the CONTRACTOR and shall
include, but not be limited to, testing, deputy inspection, or other services
deemed necessary by the CITY's REPRESENTATIVE. CONTRACTOR
shall include a lump sum amount of $2,500 in his bid for these services.
Special Services shall be paid for by agreement between CONTRACTOR
and CITY OF PALM DESERT with the cumulative total not to exceed the
fixed contract price of $1,000.00 and shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for
doing all the work involved in the operations as shown on the plans, and as
specified in the specifications and the special provisions, and as directed by
the CITY'S REPRESENTATIVE.
SP-7
CONTRACTOR'S PROPOSAL
FOR
THE PAINTING OF THE CITY OF PALM DESERT CIVIC CENTER EXTERIOR
CONTRACT NO.C26200
Contract amount is for all work, materials, incidental expenses, overhead, profit
and direct and indirect costs associated with constructing a complete and
operational project as shown on the contract documents.
_ Painting of all exterior surfaces at the City of Palm Desert Civic Center Ext�ior
$ 2�, ��o
Special Services
$ 10,000
TOTAL AMOUNT BASE BID IN FIGURES $ ��� C��'� �
TOTAL AMOUNT BASE BID IN WORDS �1"2rC"( G�bb�� � ��1c,v
The costs of any work shown or required in the Plans and Specifications are
required as pa�t of the lump sum, and no additional compensation shall be due
Contractor by virtue of Contractor's compliance with the Plans and Specifications.
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set
.
forth on Page C-1: ,
By:
Signature Must Be Notarized)
Title: `� � ��.`����rJ��'
Contractor
�`��� t-11�
C-2
(NO B/D W/LL BE CONSIDERED UNLESS TH/S DOCUMENT/S COMPLETED !N FULL. ALL �
APPLICABLE ITEMS MUST BE FILLED OUn
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets
may be attached if necessary.
(1) Address "16tii �o�,�•it� ��,w�\,��'(�� Qq. �OGQL
(2) Telephone No. �5�2� �'��' �`Z-�J
(3) Type of Firm (Individual, Partnership or Corporation) C�.Pop.A--t�o�
(4) Corporation organized under the laws of the State of (�AV�}O�-.N 1�
(5) Contractor's License No. �`�J'���`�- Exp. Date � � �- l?'l
Contractor hereby swe s under penalty of perjury that this information
provided ' e and corre .
By: Title: '���'R�S��1'�
Contractor
(6) List the names and addr of a!I owners of the firm or names and titles
of all officers of the corporation:
�e�lJ�SC� l.a�t'�� `�-S��'C-�"�
'5�--�'i'6'�rTo ���`c S'('��A�- �'J�i �.�,ZJ�'T�'�l
�e� S� L��'z- `�n��cz�.
1��N ��,-�\� vF'� .r r�tt�s1��T
(7) Number 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 City `Tt� P��K-�Gt�
� �'�'�Pf2�0� D• S•U� S"`� � `t7gS� '�.�►JtJ phLr
1. � ��0 P'��N�C�N6 �{,� �jJ1N`T� ��ctc�'i''tl —SS51
c�.,s-��.,��. s�;� I��. �,u �KU �. c�•`�.
2. � � �7 � P-�-�N�t�*� 435 e�+ ho..r�C�zl�`'� �,
r 1's+1►�. ��S�n.-t 607 �Z� 53�33
B Q� ��'�1�5' &ts�� l%'� 5 ��
`�,.�`�uaL. Nr� �2oo,t
3. ���,�J �� Q,qla�'f\1+.G �jC4 N . ��L�� •�G
v.�t�1o5 Sx�- ��s�r`(+6 • 91`7'�i6
�� ��7„6� `�3�- 3�3�
(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
D-]
CONTRACTOR'S PROPOSAL
TO: CITY OF PALM DESERT, "CITY"
DATE: �� , br ��
BIDDER: ��.-S� �u��.t�y ���'�1+� 6 ��'� "Contractor"
The UNDERSIGNED, "Contractor", having carefully examined the site and the
Contract Documents for the PAINTING of the CITY OF PALM DESERT CIVIC
CENTER EXTERIOR, CONTRACT NO. C26200 hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda Nos.1�3�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 Proposa{
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 or its
designee 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
goveming 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 certi�ed or cashier's check or Bid Bond
constitutes a gua�antee 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, attomey expense, additional design and Architectural expense and cost of
maintaining or construction alternate facilities occasioned by the failure to execute
and deliver said documents.
C-1
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
18. Requests For Information (RFI) All requests for bidding information
must be sent to: David Flint, Building Maintenance Supervisor, City of Palm
Desert, 73-510 Fred Waring Drive, Palm Desert California 92260, telephone
number (760) 346-0611 Ext. 495. Al) requests must be in writing and delivered,
_ mailed and or faxed to the above location. Faxed RFIs are acceptable. The fax
number is (760) 779-1044.
19. Pre-Bid Conference. A pre-bid conference wiil be held Tuesday,
February 6, 2007 at 1:00 P.M. SHARP at 73-510 Fred Waring Drive, Palm Desert,
California 92260. The conference will be open to subcontract bidders at their
discretion.
B-4
. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of � �
County of ���G�Q
On � ���/(�� before me, , /,
T • Name and tle o O�cer(e.g.,"Jane Doe,Nota blic")
personally appeared �Q� ��j �? Q� �,�('�
T� dr.-�=--
— �T�ame s)of Signer(s)
❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(,e'�whose
name� is/� subscribed to the within instrument and
acknowledged to me that he/�!llieq executed the same in
hisihErltbeir authorized capaciry(i�},' and that by his/t�t'/tF�eir
�' p��a�� signature(.e�j on the instrument the person(s�or the entity upon
� cpMM.�n���� � behalf of which the person(,�acted, executed the instrument.
au�ean+�cc�o co�
My�� �9� WITNESS y hand and official seal.
ignatu of Notary Public
----------------------------------------OPT/ONAL-----------------------------------------
Though the information be/ow is not required by/aw,it may prove valuable to persons re/ying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of Thumb here � OtheC: Top of Thumb here
Signer Is Representing: Signer 1s Representing:
Bid Bond No. 181713-59
BIDDEI2'S BaND 1'0 ACCOMPANY PR�P08AL
KNOW ALL MEN BY TH�S� PRESENTS,
That we,
'Best Quality Painting, Inc.* ��
prfndpal, and American Contractors Indemnitv Comoany _gs
surety, are hsld an� flrm�r baund urtto the ClTY O� PALM DESERT ftt the sum of
� s,soo.00*R•••*��•*•* (10�0 ot bid) to be pald to the CiTY or its certafn�atfiamey,
Its successorx and assigns; for which payment, well and truty to I�e ma�e, we bind
- oursefves, our heirs, executors and administratars, successors or assigns, joirrtly and
saverally, firmly by these presents.
7HE CONDITION QF THtS OBLIGA'tION lS SUCH, that if the certain propc�saf of tfie
above bounden princlpa�l ta perfarm certaln work described as follows:
The work consista of pawer washi�g, prlmfng and painting the exteriar sur�ac�s of tha
City of Palm Desert Civic Center. These surfaces include block walls, pillars end metal
gates.
and dated February 16,200� is accepted by the CITY O�' PALM QES�RT,
�rtd if the above bounden princ�pal "Best Quality Painting, Inc."
shaN duly enter into and execute a contract for such construction, and shall execute and
deliverthe Performance Bond and Payment�ond arld insurance certlficates as requir�ed
by said contract, thert this obligation shatl become nu4f and void; otherwise it shall bs
and remain in full force and eftect •
ShOUId It b@C0� necessary for the City to instliiute a lav+rsuit, or any other legal
praceeding ta enforce ths terms and corxiltions of thls bond, then afl costs of said
procee�ing, including attomey's fees, shal{ be awar�ded to bhe prevatling party.
(N WITNESS WHEREOF, We he�eurito set our Hands and Sa�ls this 15th
dFry Of Februa , �Q 07
*Best Quality Painting, Inc. � American Contract s demnity Company
Corrtr�ct me: ** Suraty's Name: '
BY; AddP9SS:9841 Airport Blvd, 9th I, Los Angeles, CA 90��45
T'rtle "V,T� '�-�s� � Telsphone:310-649-0990
Addendum no. 3{seoond version). F-1
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS,
That we, as
principal, and as
surety, are held and firmly bound unto the CITY OF PALM DESERT in the sum of
$ (10% of bid) to be paid to the CITY or its certain
attorney, its successors and assigns; for which payment, well 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 pertorm certain work described as follows:
t�..„.�����...�,r.��.�,�.��
The work consists of construction of a curbed can�wa�!�.����slo �''�`a a
drain connected to the grease interceptor, a c�hq�iei�•;wr�,��it� ��6
installation of hooks for the purpose of hanging mats for was�11ir1�;`,�",'",�.� �� T
. . � .. .� � .�Y.4'�.. ..,l. ! i ..
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 hereunto set our Hands and Seals this
day of , 2007.
Contractors name: Surety's Name:
By: Address:
Title Telephone:
F-1
(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 Ll.o day of F EC�
,
2007.
l�( `r�C�. C�.�-`i-�C1�, By: 1'��n� r�m�a� L��E z
Notary Pub{ic in and for said
County and State Title: v 1�`L'L�SI�s}��v�
OrA AL M '
C�OMM.Hd � �
t10TAR11 Pt�LIC�CALF+ORNy1
' � ' ,�J�10 1010
E-2
� CALIFORNIA ALL-PURPOSE
�
' CERTIFICATE �F ACKNOWLEDGMENT j
{
State of CALIFORISIA �
County of I.OS ANGELES )
On �¢u �S 'l.B before me, ROCHELLE A. HILL, A NOTARY PiJBLIC
(herc insert name and title of the o(ficer)
Ipersonally appeared �� T- ��
-personally known to me (or proved to me on the basis of satisfactory evidence) to be the person�'j whose
name� isLa� subscribed to the within instrument and acknowledged to me that he/�e� executed the
same in his/j�etl�en' authorized capacityj�es'f, and that by hislk�rjzkei'r signature,�afi-on the instrument the
person�or the entity upon behalf of which the person�acted, executed the instrument.
WIT!�1ESS my hand and official seal. RocH�ue A. Hiu
Commission# 1634494
� .-e Notary Public-California ;
� �. los Angeles County �
My Comm.Expires Jan 3,2010
Signature of Notary Pubiic
(Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THtS FORM
An�� ncknaw(edgn�enr co�npleled i�1 Cnlifornin mus� contnrn »erbiage ernctlr ns
DESCRIPTION OF THE ATTACHED DOCCTMENT appears above i�i the notnn�section or a separate ncbia�+�ledgutem forui must be
property compteted nnd atmched ro thnt documeirt. The on1�- exception is iJ a
��� �,a n �p t�(�-(?��s� documext is to be recorded outside ojCnlrfornin.In se�ch insmnces,nq��alternative
(Tide or description of attached document) ncknowledgmenr verbiage ns mn�� be printed o��such a documen�so /ong as the
verbinge does nor require the�mrmy ro do soniething thnt is illegtr!for n nolm7-in
Cnlijornia (i.e. certifyii�g rhe nuthorized capncin�oJrhe signeiJ. P/ense check the
(Title or description of anached document continued) doc�nnenr ca�rfultp jor proper nolnrinl wordi�rg nnd nttnch this Jorm ijrequired.
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) � 'fhe notary public must print his or her name as it appears within his or her
commission Collowed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personaliy appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or piunl forms by crossing off incorrect forms (i.e.
helshel�-is lese)or circ(ing the cottect forms.Failure to correctly indicate this
� Individual (s)
information may lead to rejection of document recording.
� Corporate Officer • The notary seal impression must be clear and photographical{y rcproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal iC a
I (Title) sufficie�t area pertnits,otherwise complete a different acknowledgment form.
u Partner(s) • Signature of the notary public must match the signature on file with the office o(
the counry clerk.
❑ AI[Orney-tit-FBCt . Additional infonnation is not req�ired but could help ro ensure this
❑ Trustee(S) acknowledgment is not misused or attached to a different document.
O Other • tndicate title or type of attached document,number of pages and date.
. {ndicate the capaciry claimed by the signer. IF the daimed capacity is a
1 corporate officer,indicate the tiUe(i.c.CEO,CFO,Secretary).
• SecureVy attach this document to the signed document
CAPA��12 100'«-b��Associaiion of pmfessional Nolvies k CSA 800.8)3-9865 �w��v.nouryclassrssom
= =--==-= ''��+�Cf i��'�iI��F;����� I�i?�����i����i�� �; �r` :�,�; � , . . _
= = _== __- - == = �=_ =-
- � ���� �� _ �� - _ _
� ��
_.. —_ .��h� r II .':�al I�I IL ft� - ���� � -"r — _
� �
� ��
, ,.a�- �. `� �
�� �_ � �
=�- 'C�' ���� ' �' rfi �`����� ��� �'� �
_ __= f,�l� II����I� � n r Indemni n = _ _ � ; p �kr. ����
_ __= merican Co tracto s ty_C2rr�a y=_ � , � �,�,.
_ _ _ _ _-= __--=- = ��k�� �'�k�f!�� ��,�
984 ort Biv�� eles,��u� == � -
��� �� ,�; '��. ,� �: —
�,� ����° PO����TTORNEY __ - - __—
'��� . � __�__ _
KNOW ALL IviEN BY Tf�SE PRESENTS: ����� =—_�
�� � ��
2� _ — —
_ ��t►erican' �� �� Co f Calif�a��-�� ` corporaho,do hereby appoint,
-= = - � ���;.
_ -�s�rank M �r, 1 . ��redis,Tah Caraaa,Brian Dahlke,Btake Baumgarten,Sylvia Chsn =-_ ��� Itd'� �� r�
�� � -_ _ � � _— _ ���Yl���p�����rf�l�#�
Booranasom hop,or Jial f eles, _ _
its true and lawful Attorney(s)-' - t,. ' � II autho� behal =s,re i�s��ather contracts
i alf�tings re thee� � urse n atid to bind the Company thereby, in an
�'�; A �ed S � 0.00•*' - - . This Power of Attorney shall expire without further�c ' J
��, � �����.
29, 0 . ,. ; `�ky �a �:� €
This Power of A�to_ ' _ d is� � __ facsiml � , I �authO���� ng Resol� n,a�opted by
- � _ _ _ — �i� �
= N ENn�C�! NY at a meetin dul called and held on the 6 da of
��li���f 1�_ �.__ _ E Y Y
=� � � 1990- _� == I :�
— ��i� — —� II ' � 14 . ��
-- 1 �� � � h �,
�"ItESOLVED that the Chief Executive O�cer,President or arry Vice President,Exe�ttit�� �Secretnr��s�E shul
_� _ - �=— =�_ �, , ;r�l,+' �
power and authority - _� ��-- _ :_ �
� � _�� �—��. � _-�-�
�� �� �__ �—�
� �ppoint s � '�" to aut�z���ute on behaljof the Company, and attach the sea!o�th��o, _
��. �� ��'��and unc�la ,c�rlracts o rndemnr and other writin o ' in the t �o ��� ��=�� .
� �.,, l' ty � �� _ �� _..
f . � ��.�� ��-
2. To r�o time,a �� t and ex. ��� ;d�.�.
_ —_ --—� �.
-= - Y �s' ��s�►o c¢r�nncf the seal o the Com be a ired to an such Power o Attorne or certi rcate _ ___
—_�L El�'f�Z.=_ +S++n .f l FQ►'Y►�1' .br Y f Y .r _ -- --
- ��ing ther2�by jacsimile,and any such Power of Attorney or cert{ficate bearing such facsimile signatures or facai�ll al�,va/id a� :�_ _�:-
upon the Company and any such power so executed and cert�ed by acsintile signat,e c ' ,�!shall� ��on lhe� - -_
in the future with respect 10 a or, aking xI� ��..�„ ��� ~--� —�� - -
==--= = = I � � I�y ��$ � T �
=::.� _ �►+HERE �actor �any has caus its seal to be affixed hereto and executed by its
__ —_ � �' p _.-. = 1 � i
°_ � . �� _ �
-=��i� Pres�dent on the '�day of January,2007. _ - _ —_—_--== � g ��
= _ _���-_ __-' -a= _=,4= �1G�I
,� TQ - � — —=L+� Y CO�� -— ;
I� i1t14�. �� � �� � — -
, fi ��; I�� �� � � .
��1 � l��'� �� -�� u.j oL;�_---_
i� �1��� ; �, By: _ _ -
STATE OF CALIFORNIA § Adam S.Pessitt,Executive Vice President � _ --- _��
COUNTY OF LOS ANGELES ��� � — = --=
§ � � ._� �� =��=_— '== —
On this 9th day of January,2007,be e, edunak�. ._ person S.Pes i��ee
_ Preside tors :,perso or prove�b ti�n�fe asis of satisfactory evidence)to
--�e the �d ', �e(s)i i e withi en an acknowledged to me that heishe/the�executed � s �I . �G���-.
=his/her/t a ri d capacity(ies),and that by his/her/their signature(s)on the instrument the pe� — �upon� � � � �;�}�+'
which the erson s acted executed the instrument = - _�__ - - —-_ � F , ��'�y�;��� '��.���1.�4
P ( ) , �� �� _ -
v han �,���� = EVE F Ut�C
�"� 1�� � ��1 - �' Com►►1.No. 158�578 n � �-
� � � �{ � NOTARY RF�� + -���
� � ��� ��
E 4 ���'. I
Signature of Notary- ___ = =-=� _ ��,��i �1��l�Ip����������, I .2Q09 �€ �F:' { _. -
_ �My Co___ _ _��-- e 29.�___� ���� �I.S�11�� �
r��Jeanni�RY�tt;-Carpoiate Secretary of American Contractors Indemnity Company,do hereb ce ' �i� a � wer of A ` a
Yf �' y�
resolution adopted by the Boazd of Directors of said Company as��o�,�rue and� , t�l�;�hereo ��
the said Power of Attome �r�resolut��•� __:= d an ►�tc���force ' , ��,�
� �� =_� -_ � = �= '
� I�I V�'�1ESS 1-[����unto s�ny�d��T� day of ,200�: �� �� _�_ '
�� �����'f ,� � .—� ����� � _
� , `�,�i }� �� ��,k 1 � ,
_ �__ ��s Y�k� �}��� ����II ���� ��� Jeann J.Kim,Co rate ecretary
- -'-== =_. ——= 5����t�k;�E !,1���,:�,1� -
— r�— c y _ _ _
9012 = —�
Agency No. - �- � =—= _ =__
• ,�r £` ;� ������ _-
r � �� �
_ _ _ ���� y'•k��:��G�43'l� I'a�i kE+'�fl��� - � ' ' �
- _ -=-_ - -- ��, � � � ���� � �S' �� {LL� ������ Rav POAOJ/2�/06
_ _ -:: il hti �'
- —-- :.. . ii� � - --
==-- - ������I ��� ���� 1I:1 �� r� - ---- ==- Y ��,, ,�. �
�, � � ;�
a y r.r _ t�k�� �'�� �
'��k,� �� f;
- - �= _ - = 11 ; �,1�,�.
� �� �� _ - -�`_ — - - =�.
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 �`��'�' , 2007.
��� � a��.�.��� ���
Name of Bidder
� 1 l � �� �- � � — � �
Contractor's Licens Contractor's License Exp. Date
Signature of Bi er
`�'\l'�.`P'f�St'�''�N"�
Title of Signator
H-1
AFFIRMATIVE ACTION PROGRAM
This is an Equal Employment Opportunity Status Report. If the anticipated amount
of the contract exceeds $10,000.00, or if the anticipated annual amount of
purchase orders placed with a vendor exceeds $10,000.00, preparation of this
form is required.
Supplier Name:� 1�� � Telephone: lg�� ��G �5°�
Street Address: `�b � � U �C 1� �V V� ����`l
Agency: State Zip:
Number of Employees: � -
This Firm is:
Independently Owned and Operated
An Affiliate } Parent Company:
Or Address:
A Subsidiary }
Or
A Division }
Seller Seller
Has Has Not
�� Held contracts or subcontracts subject to the Equal Opportunity
Clause of Executive Order 112246.
t
Filed Equal Employment Opportunity Information Report EEO-1
when required.
�
Developed a written Affirmative Action Program.
Seller's Equal Employment Oppo un y Program has has not been
subject to a Govemment Equal O o unity Compliance Review. If so, when?
Signature: Date: Z� � �" ��
Title: �� ��f� �����
G-1
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA)
) SS
COUNTY OF RIVERSIDE)
��1�T�M�� �-�'�2 , being first duly sworn, deposes and says: that
he is � C►..C�'tZkS �a7%►v� of g-�`� ��+�^C�l �"at-��.r`t��vl;, '��
(insert"Sole OWNER","Partner",or other proper title) (insert name of bidder or other proper title)
who submits herewith to the City of Palm Desert, a Proposal;
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
ovefiead, profit, or cost element of this Proposal price, or that of
anyone else.
(d) Did not, directly 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.
E-1
be done by each subcontractor:
Note: Copy this page and attach additiona/pages if necessary.
Subcontractor's Name: �N C��
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 su�ciently comprehensive to permit
an appraisal of your current financial condition may be required by the
CfTY.
D-2
CONTRACTOR'S LICENSE
Contractor's License
No: I 1 / l b� Issuedon: � � �6�� 20� � , has
not been revoked.
The license expiration date is �� J �" �� . The
representations made herein are made under penalty of perjury.
Signed this_�day of � b r . , 2D07.
� � � ti` '
Name of Contra tor or Cont actin Firm
7� � �e v � � � � � C��(��
Address
�- ign ture
By: .15 e`(��� �l`(11 Y1 �._2�
I-1
AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2005, by and between 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 construction of
CITY Project,
1. PAINTING OF THE CITY OF PALM DESERT CIVIC C�NTER EXTERIOR
CONTRACT NO. C26200 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 Instructions to Bidders;
(d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance
Bond; (g) The Payment Bond; (h) The General Specifications; (i) The
General Special Provisions; (j) Technical Specifications; (k) Addenda ; (I)
Any Change Orders issued; (m) Any additional or supplemental
specifications, 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 (10) calendar days of
issuance 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 thirty (35)
calendar days from the Notice to Proceed date to the satisfaction of the
CITY's Representative. Work will commence
3. Contractor agrees to indemnify, defend and save CITY and its officers,
J-1
License Detail Page 1 of 2
California Home Tuesday, Febru,
�
i; `'� lii` �
` me o ..'::, .,�.
. � ;�,t� .�
License Detail �ALIFQF�NIA.G9NTRACTORS STATE_�I�EN
Contractor License # 797162
DISCLAIMER
A license status check provides information taken from the CSLB license data base. BeforE
on this information, you should be aware of the following limitations:
. CSLB complaint disclosure is restricted by law (B&P 7124.6,�. If this entity is subject tc
_ complaint disclosure, a link for complaint disclosure will appear below. Click on the lin
button to obtain complaint and/or legal action information.
. Per B&P 7071.17, only construction related civil judgments reported to the CSLB are
disclosed.
. Arbitrations are not listed unless the contractor fails to comply with the terms of the
arbitration.
. Due to workload, there may be relevant information that has not yet been entered ont
Board's license data base.
Extract Date: 02/27/2007
* * * Business Information * * *
BEST QUALITY PAINTING INC
7611 GREENLEAF AVE
WHITTIER, CA 90602
Business Phone Number: (562) 789-1289
Entity: Corporation
Issue Date: 07/06/2001 Expire Date: 07/31/2007
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
Class Descri tion
B�GEN_ERAL BUILDING CONTRA_CTOR
C33 PAINTING_AND DEC_ORAT_I_NG
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 87951 in the amc
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNum=797162 2/27/2007
L.icense Detail Page 2 of 2
$12,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 01/01/2007
�on_tractor's Bondin�History
BOND OF QUALIFYING INDIYIDUAL(1): The Responsible Managing Officer (RMO) FRAI
M LOPEZ certified that he/she owns 10 percent or more of the voting stock/equity of the cor
A bond of qualifying individual is not required.
Effective Date: 07/06J2001
* * * Workers Compensation Information * * *
_ This license has workers compensation insurance with the
$TATE GQMPEN$ATIQN IN$URANCE FUND
Policy Number: 012-0015836 Effective Date: 05/01/2006 Expire Date: 05/01/2007
Workers Com�en.sation Histor�
Personnel listed on this license (current or disassociated) are listed on other licei
Personnel Llst Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Reguest
�J 2006 State of California.Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNum=797162 2/27/2007