Loading...
HomeMy WebLinkAboutHA33070 - RJCT Bids-Rebid - Rmvl Demo Bckfl 9 Ponds Contract No. HA33070 PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: REJECT ALL BIDS RECEIVED FOR THE REMOVAL, DEMOLITION AND BACKFILL OF NINE PONDS AT ONE QUAIL PLACE AND AUTHORIZE STAFF TO RE-BID THE PROJECT SUBMITTED BY: Janet Moore, Director of Housing DATE: September 12, 2013 CONTENTS: Request for Proposals Recommendation By Minute Motion, that the Housing Authority Board, 1) Reject all bids received for the removal, demolition and backfill of nine ponds at One Quail Place; and 2) Authorize staff to re-bid the removal, demolition and backfill of nine ponds at One Quail Place. Funds are available in the Replacement Reserve Fund for One Quail Place. Backqround Staff requested sealed bids for the elimination of nine of ten water feature ponds at One Quail Place. The notice inviting bids for the Project was advertised in the local newspaper on Thursday, May 23, 2013 and Thursday, May 30, 2013 soliciting sealed bids. Following the opening of the sealed bids received on Monday, July 29, 2013, at 2:00 p.m., staff determined that all bids received were incomplete and therefore non-responsive. Therefore, staff recommends that the Authority Board reject all bids and authorize staff to re-bid the removal, demolition and backfill of nine ponds at One Quail Place. Fiscal Analvsis There is no fiscal impact related to this action except staff's time to re-bid the project. Department Head: Fina Department: � anet oore, Director of Housing Paul S. Gibson, Director of Finance �� �z� �� ppr val� BY HC)USG AUTH pN �J�- l�-�1� J M. Wohlmuth, Executive Director VER(FIED BY: (�riginal on file t�ith C'���,r �.:� _����'-� ��'�r.M w � �,� � �:•` PALM DESERT HOUSING AUTHORITY BID DOCUMENTS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR Demolition and Back�ll of Ponds at One Quail Place 73-510 Fred Waring Palm Desert, CA 92260 (760) 346-0611 www.pdhousingauthority.org Date: TBD, 2013 __ �� . �:- ,.,. PALM DESERT HOUSING AUTHORITY NOTICE INVITING BIDS for Demolition and Backfill of Ponds at One Quail Place PUBLIC NOTICE IS HEREBY GIVEN that the Palm Desert Housing Authority (Authority) invites sealed bids for the above-stated project and will receive such bids in the offices of the Authority located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 up to the hour of 2:00 o.m. on TBD, 2013 at which time they will be publicly opened. Bids received after the stipulated time wiil be returned unopened. Bidders may obtain a copy of the Bid Package from the Authority's property manager, RPM Company, located at One Quail Place, 72-600 Fred Waring Drive, Palm Desert, CA 92260 during the hours of 8:00 am to 5:00 pm, Monday through Friday. All Bids, including the required attachments, shall be prepared on the approved proposal forms and submitted in a sealed envelope to: PALM DESERT HOUSING AUTHORITY, ATTENTION: CITY CLERK, 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 and further marked "SEALED BID - Demolition and Backfill of Ponds at One Quail Place DO NOT OPEN WITH REGULAR MAIL". The Authority will not be responsible for accepting bids not delivered as required herein whether by the bidder or courier/delivery service or for accepting bids sent to any address or location other than that specified herein. All bids submitted must be readily identifiable as bid submissions. IT IS THE RESPONSIBILITY OF EACH BIDDER TO MAKE CERTAIN THE BID IS DELIVERED ON TIME AT THE SPECIFIED LOCATION. A Mandatory Pre-Bid Meetina and Job Walk will be held on SEPTEMBER 18, 2013 at 10:00 a.m. Bidders shall meet at the One Quail Place Apartments, 72-600 Fred Waring, Palm Desert, CA 92260. All Contractors bidding the project are required to have a representative attend and sign in at the pre-bid meeting. Failure to comply with this attendance and sign-in requirement will result in bidder's proposal being found non- responsive to the required bid procedures. The bid documents require that all bidders certify that they have visited the site and are familiar with the site prior to bidding. PREVAILING WAGES: Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Copies of prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. RETENTION: The Authority will retain 5 percent from all progress amounts due. Pursuant to Public Contract Code Section 22300, the successful Bidder may substitute certain securities for funds withheld by the Authority. NOTICE INVTTING BIDS -2 - 72500.00199\7372117.1 The Authority hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.), 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 acknowledgement by the parties. BID SECURITY: The bid must be accompanied by certified check, cashier's check or bidder's bond made payable to the Authority or cash deposit for an amount not less than 10 percent of the total amount bid. PERFORMANCE AND PAYMENT BONDS: The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in an amount equal to 100 percent of the Contract sum and a Faithful Performance Bond in an amount equal to 100 percent of the Contract Sum. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120. Said bonds shall remain in full force and effect through the guarantee period. CONTRACTOR LICENSE REQUIREMENTS: All bidders and subcontractors shall be licensed in accordance with provisions of the California Business and Professions Code for the type of work to be completed. SUBCONTRACTOR LISTING: Each bidder shall submit, on the form furnished with the Contract Documents, a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq. ADDITIONAL INFORMATION: Questions may be directed to the Palm Desert Housing Authority's Property Management Staff, Attention: Teresa Vakili at(760) 674-1139. The Authority reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of 90 days. Publication Dates: 1 St Advertisement TBD 2013 2"a Advertisement TBD 2013 NOTICE INVITING BIDS - 3 - 72500.00199\73721171 PALM DESERT HOUSING AUTHORITY INSTRUCTIONS TO BIDDERS 1. AVAILABILITY OF CONTRACT DOCUMENTS Bids must be submitted to the Authority on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost. Contract Documents may be obtained from the Authority at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids. The Authority may also make the Contract Documents available for review at one or more plan rooms, as .indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the Authority to obtain the required Contract Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF CONTRACT DOCUMENTS The Authority has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the ' Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF CONTRACT DOCUMENTS Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the Authority by submission of a written request for an interpretation or correction to the Authority. Such submission, if any, must be sent to the Director of Housing by faxing (760) 341-6372 or emailing to jmoore@cityofpalmdesert.org Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has received a set of Contract Documents. The Authority will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. INSTRUCTIONS TO BIDDERS -4 - 72500.00199\7372117.1 The Bid Amount shali include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor. 4. INSPECTION OF SITE; MANDATORY PRE-BID MEETING AND JOB WALK Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site, as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Mandatory Pre-Bid Meeting and Job Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids. 5. ADDENDA The Authority reserves the right to revise the Contract Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. All addenda issued by the Authority shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the Authority issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the Authority will extend the deadline for submission of bids. The Authority may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Each prospective bidder shall provide the Authority a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the Authority can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, e-mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Authority's Property Management Staff to verify that she/he has received all Addenda issued, if any, prior to the bid opening. 6. ALTERNATE BIDS The lowest bid shall be determined to be the lowest total of the bid prices based on the base bid alone. The Authority reserves the right ta award any, all, or none of the identified alternates in addition to the base contract. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The Authority may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. INSTRUCTIONS TO BIDDERS - 5 - 72500.00199\73721171 7. COMPLETION OF BID FORMS Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Authority will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Bid Forrns. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non-responsive. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids. 9. DESIGNATION OF SUBCONTRACTORS In accordance with Municipal Ordinance 3.30.170 (Ordinance 927, Section 1), each bid shall list PROPOSED SUBCONTRACTORS, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the drawings and specifications, in an amount in excess of one-half of one percent of the bidder's total bid, or Ten Thousand Dollars ($10,000.00), whichever is greater. All proposed subcontractors must be licensed in accordance with section 10 herein. Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act. 10. LICENSING REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 INSTRUCTIONS TO BIDDERS - 6 - 72500.00199\7372117.1 of the Public Contract Code, al� bidders must possess proper licenses for perFormance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the Authority shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the Authority shall reject the Bid. The Authority shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the Authority of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 11. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 12. BID GUARANTEE (BOND) Each bid shall be accompanied by: (a) a certified check made payable to the Authority; (b) a cashier's check made payable to the Authority; or (c) a bid bond payable to the Authority executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and perFormance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder's bid deposit or bond to the Authority and the Authority may award the Contract to the next lowest responsible bidder, or may call for new bids. 13. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents have been completed and signed as set forth INSTRUCTIONS TO BIDDERS - 7 - 72500.00199\7372117.1 herein, they shall be placed, along with the Bid Guarantee and other required materials in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Authority at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by Authority as provided herein. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of_ (Bidder's Namel for the Demolition and Backfill of Ponds at One Quail Place 14. DELIVERY AND OPENING OF BIDS Bids will be received by the Authority at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Authority will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. The Authority may in its sole discretion, elect to postpone the opening of the submitted Bids. Authority reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy befinreen the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 15. WITHDRAWAL OF BID Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative. 16. BASIS OF AWARD; BALANCED BIDS The Authority shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The Authority may reject any Bid which, in its opinion when compared to other bids received or to the Authority's internal estimates, does not accurately reflect the cost to perform the Work. The Authority may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. INSTRUCTIONS TO BIDDERS -8 - 72500.00199\7372117.1 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shali be allowed to make, submif or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Authority. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote priees of materials to a bidder, when also submitting a prirr►e bid on the same Project. 18. INSURANCE REQUIREMENTS The successful bidder shal� procure the insurance in the form and in the amount specified in the Contract Documents. 19. AWARD PROCESS Once atl Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Authority Board may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Authority notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the Authority with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once the Authority receives all of the properly drafted and executed documents and certifications from the Bidder, the Authority shall issue a Notice to Proceed to that Bidder. 20. FILING OF BID PROTESTS Bidders may file a "protest" of a Bid with the Authority's Property Management staff. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irr�gularity or accusation; C. Clearly identify the specific Authority staff determination or recommendation being protested; D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and INSTRUCTIONS TO BIDDERS -9- 72500.00199\7372117.1 E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the Authority's Property Management Staff, Authority's counsel, or other designated Authority staff member, shall review the basis of the protest and all relevant information. The Authority's Property Management Staff or Authority's counsel will provide a written decision to the protestor. The protestor may then appeal the decision of the Authority to the Authority's Executive Director. 21. WORKERS COMPENSATION Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation form. 22. SUBSTITUTION OF SECURITY The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The Authority will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Authority will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. 23. PREVAILING WAGES , The Director of the Department of Industrial Relations for the State of Califomia maintains a listing of the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for perForming work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Authority. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. INSTRUCTIONS TO BIDDERS - 10 - 72500.00199\�372117.I 25. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the Authority four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Authority and included in the Contract Documents. Failure to do so may, in the sole discretion of Authority, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Proeedure Seetion 995.120, autl�orized to do business as such in the State of California and satisfactory to the Authority. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Bid Price. 26. REQUEST FOR SUBSTITUTIONS The successful bidder shalt comply with the substitution request provisions set forth in the Contract Documents, including any deadlines for substitution requests which may occur prior to the bid opening date. 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to obtain a City of Palm Desert business license, pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be locafied, unless otherwise expressly provided by the Con#ract Documents. 28. EXECUTION OF CONTRACT As �equired herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Authprity may require appropriate evidence that the persons executing the Contract are duly empowered to do so. END OF INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS - 11 - 72500.00199\7372117.1 � ��� � BID FORM NAME OF BIDDER: The undersigned, hereby deciare that we have carefuliy examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifieations, and all addenda, if any, for the following Project: Demolition and Backfill of Ponds at One Quail Place SCOPE OF WORK: A. REMOVAUDEMOLITION OF PONDS: Pond Nos. 2, 3, 4, 5*, 6*, 7, 9, 10 and 11 shall be removed as identified in the attached site plan (Exhibit A to the Bid Package) as follows 1. Drain all water from the ponds that have been identified to be removed into an appropriate drainage location by obtaining a pool drain permit from the City of Palm Desert. No water shall be drained onto the property or into storm drains, dry wells, streets, or driveways, without prior written or permitted approval. Absolutely NO water shall be drained onto sidewalks, walkways or into landscaped areas. 2. Remove drains, bio-filters, circulation pumps and pond equipment for all ponds being removed. Any pond equipment and pumps in working order shall be returned to owner for future use on remaining ponds. Contractor shall demonstrate non-working equipment to property manager prior to removal from the site. 3. Remove and recycle at least the top 12 inches of concrete (including the edge)of existing and newly exposed concrete on all ponds being removed. 4. Puncture all the existing pond liners at a minimum of every 12 inches in all directions or as is necessary to allow sufficient drainage and percolation of runoff water, etc. for all ponds being removed. 5. Fill the punctured ponds with imported soil to the same compaction as surrounding areas. Imported soil shall be agriculturally tested for suitability to the desert area. A. TOTAL AMOUNT FOR THIS SECTION: $ BID FORM - 12 - 72500.00199\7372117.1 B. RETROFIT OF PONDS Areas/Locations will be identified at the Mandatory Pre-Bid Meeting and Job Walk. 1. Provide and install irrigation emitters for drought tolerant plants included in this bid to be instalted over newly demolished ponds. Contractor will be required to provide all materials to either tie into existing irrigation valves and/or systems or install new equipment to ensure adequate irrigation coverage. Upon completion of the Work, Contractor will be required to demonstrate that there is adequate irrigation coverage for all new and existing landscape areas that are tied to existing equipment. 2. All plants to be installed shall be at least 5 gallons unless prior written approval is obtained from the Authority. Plant material shall conform to Palm Desert's approved "Desert Flora Palette". 3. Provide and install sufficient"desert gold" decomposed granite to match existing decomposed granite to 3/8" minus with 11% fines wetted and compacted to a 2" depth over demolished pond locations. 4. Provide and install concrete*, lighting*, benches*, landscape materials (boulders, cobble, decomposed granite, etc.) and plants for the retrofitted areas. (Examples of benches, lighting and receptacles attached in Exhibit B to the Bid Package) 5. As part of the bid, Contractor is required to provide detailed written suggestions for each removal location keeping a minimalistic landscape format that incorporates maintenance free design over at least 50 percent of the newly created areas. Decorative stamped concrete may be recommended as an acceptable component. Decomposed granite will be installed in all areas with the exception of the areas that are retrofitted with concrete walkways and/or slabs. Sample renderings of at least two locations are recommended to be included in the bid package but not required. Renderings will be required by the Contractor prior to commencement of Work. All Work shall be finalized and approved in writing prior to the commencement of Work. 6. *For pond locations 5 and 6, after the pond is removed, the area will be retrofitted to include new concrete walkways adjoined to current walkways connecting a new concrete slab sufficient in size to accommodate two benches and two lights at Pond 5 and one bench and one light at Pond 6, matching waste and recycle receptacles at of these locations, and a trellis for shade at Pond 5 (Examples of benches, lighting, trellis and receptacles attached in Exhibit B to the Bid Package). Concrete areas will require that drains be installed, if necessary, to ensure adequate drainage. The remaining area around the new concrete will be retrofitted with minimalistic landscape. All concrete installed will comply with the requirements of the Americans with Disabilities Act for accessibility. BID FORM - 13 - 72500.00199\7372117.1 a. Benches shall be at least six feet (6') in length and made of weather and graffiti resistant recycled composite material, or similar mounted or attached to the concrete surFace with matching 32 gallon trash and recycle receptacles. Color: Bronze or Brown b. Trellis shall be appropriately sized to provide shade for benches and shall be constructed of w�ather resistant materials that match the design of the area. Trellis can be sereened and/or complemented with a drought tolerant desert vine for shading with approval from the Authority. c. Lighting shall be similar style to those shown in Exhibit B and be energy e�cient while complying with the City of Palm Desert's outdoor lighting requirements. Color: Bronze or Brown 7. Quantities of materials are to be included in the bid package and included in the bid price except as noted: a: If estimates are used for other than plant material, they must be noted with a `not-to-exceed' value and/or price . The 'not-to-exceed' cost is to be included in the base bid pricing and determination of lowest bid will be based on the base bid. If a `not- to-exceed' value is included in the bid price, at the time such materials are installed, Contractor will be required to provide cost invoices from suppliers. Contractor will be allowed a 15% markup on cost invoices up to the `not-to-exceed' amount. b. Plant material is estimated to be seventy(70)five gallon shrubs and one (1) 15 gallon tree. The final count will be determined once the removalldemolition and hardscape retrofit portion of the work is complete. For the purpose of this bid estimated number of plants and trees at the installed price(required below)will be included as part of the base bid (determination of lowest bid will be based on the based bid). 1) 1 gallon shrub installed: $ per plant 2) 5 gallon shrub installed: $ per plant 3) 15 gallon tree installed**: $ per tree 4) 24" box tree installed''*: $ per tree "* Includes the following: digging of hole, setting of tree, backfilling, watering-in of tree, staking (if needed), and securing with cinch ties 8. At Authority's discretion, additional work not included in the Scope of Work may be requested at time and materials rate allowing a 15% material markup. All requests must be approved in writing by the Authority prior to commencement of additional work. B. TOTAL***AMOUNT FOR THIS SECTION: $ BID FORM - 14- 72500.00199\7372]17.1 ***This total includes the estimated 70 plants at the installed price listed and 1 tree at the installed price listed. BID FORM - 15 - 72500.0019917372117.1 Contractor understands that any damage to any existing landscape, irrigation, bridges, driveways, patios, walkways, etc. will be repaired to its condition before the Work took place. We hereby propose to furnish and deliver all labor, materials, equipment, tools, transportation, haul away, services, and to discharge all duties and obligations necessary and required to perForm and complete the Project for the following TOTAL BID PRICE: TOTAL BID PRICE BASED ON SCOPE OF WORK (SecTioN a+SEcrioN s rora�s): $ Total Bid Price in Numbers Total Bid Price in Written Form Contractor hereby certifies she/he has visited the site and is familiar with the site the scope of work will be performed at and the total BID Price is inclusive of any site conditions. The undersigned agrees that this Bid Form constitutes a firm offer to the Authority which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the Authority and a third party, whichever is earlier. The Contract duration shall commence on the date stated in the Authority's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the Authority's Notice to Proceed. Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. , Expiration Date , class of license . If the bidder is a joint venture, each member of the joint venture must include the above information. � The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda No. Addenda No. Addenda Na BID FORM - 16 - 72500.00199\73721 I 7.1 1. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price. 2. Attached is the ful�y executed Non-Collusion Declaration form. 3. Attached is the completed Designation of Subcontractors form. 4. Attached is the completed Bidder Information Form. 5. Attached are the completed detailed written design suggestions for each removal location. 6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form. I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Name of Bidder Signature Name and Title Dated BID FORM - 17 - 72500.00199\7372117.I CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 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 provisions before commencing the performance of the work of this Contract. Name of Bidder Signature Name Title Dated CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION - 18 - 72500.00199\7372117.1 BID BOND The makers of this bond are, � , as Principal, and , as Surety and are held and firmly bound unto the Palm Desert Housing Authority, hereinafter called the Authority, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to AUTHORITY for the work descr�bed below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 20 , for Demolition and Backfill of Ponds at One QuaiTF ace. If the Principal does not with raw its bid wit in the time speci ie in the ontract ocuments; and if the Principal is awarded the Contract and provides all documents to the Authority as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the Authority and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Authority in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporation. (Corporate Seal) Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title BID BOND - 19 - 72500.00199\7372117.1 NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. ACKNOWLEDGMENT tate of Califomia ounty of ) n before me, (insert name and title of the officer) Nersonally appeared � ho proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are ubscribed to the within instrument and adcnowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instnament the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under tt�e laws of the State of Califomia that tt�e foregoing paragraph is true and correct. TNESS my hand and official seal. ignature (Seal) BID BOND -20 - 72500.00199\7372ll 7.1 DESIGNATION OF SUBCONTRACTORS Pursuant to City of Palm Desert Municipal Code Section 3.30.170 and California Public Contracting Code, Section 4100 2(a) et. seq., the following list gives the name, and business address, for each subcontractor that will be used in the work if the bidder is awarded the Contract. General Contractors are to furnish to the Owner subcontractors whose bid amounts are in excess of one-half of one percent of the Total Lump Sum Base Bid Price or Ten Thousand Dollars ($10,000.00), whichever is greater. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Propased Subcontractors" and shall be signed.) No additional time shall be granted to provide the below requested information. If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent(1/2%) of the Contractor's Total Bid Price, or Ten Thousand Dollars ($10,000.00), whichever is greater, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself. Portion of Work Subcontractor Location of Business Name of Bidder Signature Name and Title Dated DESIGNATION OF SUBCONTRACTORS . -21 - 72500.00199\7372 ll 7.1 INFORMATION REQUIRED OF BIDD�RS A. INFORMATION ABOUT BIDDER [**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: 2.0 Type, if Entity: 3.0 Bidder Address: Facsimile Number Telephone Number 3.1 Bidder Address where payments shall be sent: 3.2 Bidder local address (if any): 4.0 How many years has Bidder's organization been in business as a Contractor? 5.0 How many years has Bidder's organization been in business under its present name? 5.1 Under what other or former names has Bidder's organization operated?: 6.0 If Bidder's organization is a corporation, answer the following: 6.1 Date of Incorporation: 6.2 State of Incorporation: 6.3 President's Name: INFORMATION REQUIRED OF BIDDERS -22 - 72500.00 1 9917 3 72]17.1 6.4 Vice-President's Name(s): 6.5 Secretary's Name: 6.6 Treasurer's Name: 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: 7.2 Name and address of all partners (state whether general or limited partnership): 8.0 If other than a corporation or partnership, describe organization and name principals: 9.0 List other states in which Bidder's organization is legally qualified to do business. 10.0 What type of work does the Bidder normally perform with its own forces? 11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: INFORMATION REQUIRED OF BIDDERS -23 - 72500.00199\7372117.1 12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: 14.0 List Trade References: 15.0 List Bank References (Bank and Branch Address): 16.0 Name of Bonding Company and Name and Address of Agent: INFORMATION REQUIRED OF BIDDERS -24- 72500.00199\7372117.1 B. LIST OF CURRENT PROJECTS (including any backlog) [**Duplicate Page if needed for listing additional current projects.**] Project Description of Completion Date Cost of Bidder's Bidder's Work Work INFORMATION REQUIRED OF BIDDERS -25 - 72500.00199\7372ll 7.1 C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work. Project Client Description of Period of Cost of Bidder's Bidder's Work Performance Work INFORMATION REQUIIZED OF BIDDERS -26- 72500.00199V 372117.1 D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person's job title, name and pereent of tirne tv be allocated to this projecfi 2. Summarize each person's specialized education: 3. List each person's years of construction experience relevant to the project: 4. Summarize such experience: Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Authority. INFORMATION REQUIRED OF BIDDERS -27 - 72500.00199\7372117.1 Additiona/Bidder's Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriatety marked: E. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder Signature Name Title Dated INFORMATION REQUIRED OF BIDDERS -28 - 72500.00199\7372117.1 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned deciares: I am the of , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any .manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Signature Name Title Name of Bidder NONCOLLUSION DECLARATION -29 - 72500.00199\7372117.1 CONTRACT THIS CONTRACT is made this day of , 20 , in the City of Palm Desert, County of Riverside, State of California, by and between the Palm Desert Housing Authority, hereinafter called Authority, and , hereinafter called Contractor. The Authority and the Contractor for the considerations stated herein agree as follows: 1. Scope of Work. The undersigned hereby agrees to furnish any and all labor, equipment, materials, tools, services, transportation, utilities, and all other items necessary to provide the Authority the work identified in the Specifications ("the Work") for the Demolition and Back�ll of Ponds at One Quail Place. 2. Contract Documents. The complete Contract includes all of the Contract Documents, whether or not attached hereto, the wage schedule, the Bid Documents, Contract, the Bond(s), executed in connection herewith, Certificates of Insurance, and all official papers and documents relating to the Work to be performed hereunder, Authority Standard Specifications, Drawings, and all modifications incorporated in these documents before their execution. Any and all obligations of Authority and Contractor are fully set forth and described herein. 3. Performance of Work. The Contractor shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the Authority to perform the Work within the time limits established, and as provided in the General Conditions. The quality of Work shall meet or exceed those standards established by the Authority or the City or County of jurisdiction. 4. Materials and Equipment. Contractor agrees to perform the Work and to furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perForm and complete in a good workmanlike manner, all parts of the Work as called for in a manner designated in and in strict conformance with this document, Authority standards and requirements of the Agency of Jurisdiction. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required under the direction and supervision of, and subject to the approval of the Authority's authorized representative. 5. Payment. Payments shall be made within 30 days of receipt by Authority of an invoice which includes a detailed description of the Work performed, excepting disputed charges, which shall be payable upon resolution of the dispute, as specified in more detail elsewhere in this Contract. 6. Notice. Any notice or instrument required to be given or delivered by this Contract may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CONTRACT -30 - 72500.00199\7372117.I Authority: Contractor: Palm Desert Housing Authority (Name] 73-510 Fred Waring Drive [Address 1] Palm Desert, California, 92260 [Address 2] Attn: Housing Department Attn: 7. Insurance/Bonds. Without limiting Contractor's indemnification of Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Authority. 7.1 General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate, unless otherwise approved by the City's Risk Manager. 7.2 Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident, unless otherwise approved by the City's Risk Manager.. 7.3 Umbrella or excess liability insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability insurance policy with $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow formn to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. CONTRACT -31 - 72500.00199\7372 ll 7.1 7.4 Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Contractor shall submit to Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Authority, its officers, agents, employees and volunteers. 7.5 Other provisions or requirements a. Proof of insurance. Contractor shall provide certificates of insurance to Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Authority at all times during the term of this contract. Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. b. Duration of coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City of Palm Desert, the Palm Desert Housing Authority, and their o�cers, ofFicials, employees, and agents shall continue as additional insureds under such policies. c. Authority's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Authority will be promptly reimbursed by Contractor or Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Authority may car�cel this Agreement. d. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of Califomia, with an assigned policyholders' Rating of A- (or higher)and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. CONTRACT -32 - 72500.00199\7372117.1 e. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Authority, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Authority, and shall require similar written express waivers and insurance clauses from each of its subconsultants. f. Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. g. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. h. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. i. Additional insured status. General liability policies shall provide or be endorsed to provide that the City of Palm Desert, the Palm Desert Housing Authority, and their officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. j. Authority's right to revise requirements. The Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor's compensation. k. Self-insured retentions. Any self-insured retentions must be declared to and approved by Authority. Authority reserves the right to require that self- CONTRACT -33 - 72500.00]99\73721]7.1 insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Authority. I. Timely notice of claims. Contractor shall give Authority prompt and timely notice of claims made or surts instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve eoverage under any of the required liability policies. � m. Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, required or which in its own judgment may be necessary, for its proper protection and prosecution of the Work. 7.6 Bonds. The Contractor shall be required at the time of the execution of the Contract to furnish a Payment Bond and a Performance Bond each in amounts of not less than one hundred percent (100%) of the total Contract amount. The bonds shall be secured from a surety company satisfactory to Authority, shall be submitted on the prescribed bond forms, and the Contractor thereon shall pay the premiums. The bond must be executed by an admitted surety approved to conduct business in the State of California, pursuant to California Code of Civil Procedure Section 995.120. Said bonds shall be furnished within ten (10) calendar days after award of the Contract and before commencement of construction. 8. Assignment of Contract. Contractor shall not assign, transfer, convey, or otherwise dispose of this Contract, or of his/her right, title of interest in or to the same or any part thereof without previous consent in writing from Authority's authorized representative. 9. Completion. No Work shall be performed nor shall services, material or equipment be furnished under this Contract unless and until all bonds and certificates of insurance have been furnished to and approved by the Authority. The Contractor shall complete all Work required by the Contract Documents within ninety(90) calendar days from the commencement date. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. Should said Work not be completed to the satisfaction of the Authority within the time hereinabove stated, there will be deducted from the final payment thereof the sum of three hundred dollars ($300.00)for each and every calendar day as liquidated damages and not as a penalty for each day's delay after the expiration of such period until the final acceptance of the Work by Authority and its delivery to Authority. The parties agree that in the event the Work is not completed within the time limit speci�ed, it would be impracticable and extremely difficult to fix the actual damages suffered by Authority and the said sum of three-hundred dollars ($300.00) per day shall be presumed to be the amount of damage sustained. This Section does not exclude recovery of other damages specified in the Contract Documents. CONTRACT -34 - 72500.00199\7372117.1 10. Public Safety. Contractor shali comply with all federal, state and local laws, regulations and ordinances including CaUOSHA requirements and requirements for verification of employees' legal right to work in the United States. Contractor, with Authority's assistance as necessary, shall obtain and maintain all permits required of Contractor by federal, state or local regulatory agencies. Contractor shall aiso assist the Authority, as requested, in obtaining all Authority required permits for the Work. Contractor is responsible for all cost of clean up and/or removal of ha�ardous and toxic substances spilled during Contractor's performance of the Work. 11. Delays in Performance. 11.1 Neither the Authority nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; or judicial restraint. 11.2 Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued perFormance and the efforts being made to resume performance of this Contract. 11.3 Contractor shall respond within five (5) working days of Contractor's receipt of a written request from the Authority to perform repairs or related Work. If Contractor does not begin to undertake activities in furtherance of the perFormance of the requested Work within said five (5) day period, the Authority shall be entitled to pursue its remedies and rights, pursuant to Section 13, below. 12. Suspension/Termination of Contract. 12.1 If Contractor fails to commence Work as provided in the Contract, or fails to make delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the Work in such manner as in the opinion of Authority's authorized representative will ensure a full compliance with the Contract within the time limit, or if in the opinion of Authority's authorized representative, Contractor is not carrying out the provisions of the Contract in their true intent and meaning, written notice will be served on Contractor and its Surety to provide, within a specified time to be fixed by A�thority's authorized representative, for satisfactory compliance with the Contract. If Contractor neglects or refuses to comply with such notice within the time therein fixed, he/she shall not thereafter exercise any rights under said Contract or be entitled to receive any of the benefits thereof, except as hereinafter provided, and Authority's authorized representative may with the approval of the Commission perform any part of the Work or purchase any or all of the material included in the Contract or required for the completion thereof, or take possession of all or any part of the machinery, tools, appliances, materials, and supplies used in the Work covered by the Contract or that have been delivered by or on account of Contractor for use in connection CONTRACT -35 - 72500.00199\73721]7.1 therewith, and the same may be used either directly by Authority or by other parties for it, in the completion of the Work. 12.2 Authority has the right to terminate or abandon any portion or all of the Work under this Contract by giving ten (10) calendar days written notice to Contractor and its Surety. In such event, Authority shall be immediately given title and possession to all documents produced or developed for that portion of the Work eompleted and/or being abandoned. Authority shall pay Contraetor the reasonable value of services rendered for any portion of the Work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed for the Work during such task shall be the reasonable value of such services, based on an amount mutually agreed to by Authority and Contractor of the portion of such task completed but not paid prior to said termination. Authority shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of Work. 12.3 Contractor may terminate its obligation to provide further services under this Contract upon thirty(30) calendar days written notice to Authority only in the event of substantial failure by Authority to perForm in accordance with the terms of this Contract through no fault of Contractor. � 13. Subcontracts. Subcontractors employed by Contractor on the execution of the Work covered in these specifications shall be only those given prior written permission from Authority, and otherwise comply with Sections 4100 to 4113 inclusive of the Public Contract Code of California, if applicable. Changes in Subcontractors from the "Proposed Subcontractors" list in the Bid Documents must be approved in writing prior to commencement of work by the subcontractor. 14. Permits and Licenses. Contractor shall comply with all laws, ordinances, n.�les and regulations relating to the Work, including but not limited to, stormwater and other environmental regulations, and to the preservation of public health and safety, obtaining all necessary permits and licenses for the construction of the project, pay all fees and post all deposits or bonds required by law. Contractor shall obtain all encroachment permits when required. 15. Changes in the Scope of Work. In the event Authority orders changes in the Work, the Contract sum and the completion date will be adjusted accordingly. All such adjustments shall be in a written change order signed by both Parties. Contractor expressly acknowledges that the quantities listed in the bid documents for this Project are estimates only and that the Authority may order additional quantities as needed to complete the Project within the term of this Agreement. Items listed at unit prices shall be compensable throughout the term of this Agreement at the unit price listed in the Contractor's bid, regardless of quantity. If a change is of an item not covered by the Contract, Authority and Contractor shall mutually agree upon the value of the Work based on labor, materials, and equipment involved. In the event the Parties do not CONTRACT -36- 72500.00199\7372117.1 mutually agree on the value, the Authority may unilaterally direct Contractor to complete the Work on a force account basis. Regardless of Ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the Work is perFormed. All changes in Work shall be in writing and Contractor shall be responsible for any and all Work done without Authority's prior written approval. 16. Brand Name or �qual. Whenever in the specifications any material, process or artiele is identified by grade, patent or proprietary name or by narne of rnanufaeturer, such specification shall be followed by the words "or equal." Contractor may, unless otherwise stated, offer any material, process or article which shall be substantially equal or better. Contractor bears the burden of proof as to the equality of any material, process or article and Authority may require Contractor to furnish the material, article or process specified if it decides that Contractor has not met his or her burden. Any such requests for material substitutions must be submitted in writing no later than 7 days after Contract award. 17. Further Instructions. Before commencing any portion of the Work, Contractor shall carefully examine all applicable Contract Documents, and other information given • to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Authority of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. Authority shall provide further instructions, in writing, within a reasonable time. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. 18. Discrepancies and Omissions. Any discrepancies or omissions found in the Contract Documents shall be reported to Authority immediately. Authority will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Contract; 2. Addenda, if applicable; 3. Specifications; 4. Instructions to Bidders; 5. Notice Inviting Bids; 6. Contractor's Bid Forms; and, if applicable, 7. Authority Standard Specifications and Drawings; 8. Reference Specifications; and 9. Drawings. � Figure dimensions on Drawings shall take precedence over scale dimensions, detailed Drawings shall take precedence over general drawings. 19. Standard of Care. The Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perForm the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. The Contractor shall conduct its Work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost CONTRACT - 37 - 72500.00199\7372117.1 to the Owner. Contractor understands that the work described herein will be conducted at occupied residential homes and/or complexes and Contractor will be required to keep pedestrian walkways, drive isles, etc. clear from obstructions. Finally, Contractor � represents that it, its employees and subcontractors have all licenses, permits, qualifications, insurances and approvals of whatever nature that are legally required to perForm the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any Work necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the Authority to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Authority, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work. 20. Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Authority. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 7105 of the California Public Contract Code, only to the extent of five percent (5%) of the Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the Authority may terminate this Contract upon three (3) days advanced written notice. 21. Contractor's Supervision. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by the Authority. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project. 22. Workers. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. Any person in the employ of the Contractor whom the Authority may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. 23. Attorneys' Fees. In case any litigation is commenced with respect to this Contract, the prevailing party shall be entitled to recover from the other party, in addition to amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the prevailing party in such litigation, all to be taxed as costs and included in any judgment rendered. 24. Labor Code Provisions. It shall be mandatory upon the Contractor herein and upon all subcontractors under Contractor to comply with all provisions of the Labor Code of the State of California relative to contracts for public works. CONTRACT -38 - 72500.00199\7372]17.1 24.1 Prevailing Wages. (a) The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ( Prevailing Wage Laws ), which require the payment of prevailing wage rates and the pertormance of other requirements on certain "public works" and "maintenance" projects. If this Project involves an applicable "public works" or maintenar�ee project, as defined by tMe Prevailing Wage Laws, and if the total �� n compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the Authority. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perForm Work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the Authority, its Commission, members of the Commission, employees, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. (b) The Contractor and each subcontractor shall forfeit as a penalty to the Authority not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. (c) Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. 24.2 Eight Hour Law. Eight hours labor shall constitute a legal day's hours per day, and forty hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to Authority $25 for each calendar day during which such worker is required, or permitted to work more than eight hours in any one day or forty hours in any one calendar week in violation of the provisions of said Labor Code. 24.3 Payroll Records. Contractor and each subcontractar shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other CONTRACT -39 - 72500.00 1 9917 3 72 1 1 7.1 employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, the Contractor shall, as a penalty to Authority, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The responsibility for compliance with this Section is on the Contractor. 24.4 Ineligible Contractors/Subcontractors/Debarment. A Contractor or subcontractor may not perForm work who is ineligible pursuant to Labor Code Sections 1777.1 and 1777.7. 24.5 Apprentice. Attention is called to the provisions in Section 1777.5 and 1777.6 of the Labor Code conceming the employment of apprentices by the Contractor or any subcontractor under Contractor. 25. [Reserved) 26. [Reserved� 27. Hazardous Waste And Unknown Physical Conditions. 27.1 In accordance with Public Contract Code Section 7104 and the Standard Specifications, if any conditions listed below are found during construction, or if any other conditions are found during construction that may be detrimental to existing Authority facilities or to Authority facilities being constructed, or to the health and safety of the public, the Contractor shall promptly notify the Authority. (a) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, and is thus required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. If such material is discovered, Contractor shall immediately cease Work in the area and shall not disturb the site except as required to preserve public safety. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 27.2 The Authority shall promptly investigate the conditions, and if it finds that the conditions do materially differ from those indicated or ordinarily encountered, or do involve material that may be hazardous waste, and will cause a decrease or increase CONTRACT -40 - 72500.00199\7372 ll 7.1 in the Contractor's cost of, or the time required for, performance of any part of the Work, Authority shall issue a change order in accordance with the procedures described herein or pay for soil contaminated with hazardous waste on a unit cost basis as provided in the bid. 27.3 In the event that a dispute arises between the Authority and the Contfactor whether the conditions differ from those indicated or ordinarily encountered, or involve hazardous waste, or will eause a deerease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by the Contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. 27.4 When material believed to be contaminated by petroleum products is encountered, the Engineer shall determine whether such material shall be sampled and tested. Sampling and testing shall be carried out in accordance with the requirements of the receiving landfill. At a minimum, the following tests are required for soils suspected of hydrocarbon contamination: Total Petroleum Hydrocarbons (TPH) (EPA Method 8015B) with Gas, Diesel, and Heavier Hydrocarbons extracted; Benzene, Toluene, Xylene, Ethylbenzene (BTEX) (EPA Method 8260B); and Lead Total Threshold Limit Goncentration (TTLC) (EPA Method 6010B or 7000A). Additional sampling and laboratory tests may be requi�ed by the landfill depending on the results of the initial tests. Costs for sampling and testing shall be borne by the Contractor. If tests indicate the TPH concentration of the suspect material is less than 1,000 mg/kg, costs for sampling, testing, disposal, and all associated delays to Contractor shall be paid for on a unit cost basis as provided for in the bid. If tests indicate the TPH concentration of the material is equal to or greater than 1,000 mg/kg, costs for sampling, testing, disposal, and all associated delays to Contractor shall be paid for using the Extra Work provisions of these specifications. The Contractor shall be responsible for complying with a!I federal, state, and local requirements applicable to the transportation of contaminated material. Additionally, the Contractor must report the contamination to the County of Riverside, Department of Environmental Health, Site Assessment and Mitigation Group. This report shall be done via telephone call and confirmation of such call shall be provided to the Engineer. 28. Assignment of Anti-Trust Claims. Contractor offers and agrees to assign to the Authority all rights, title and interest in and to all causes of action as it may have � under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of Business and Professions Code), and any other applicable laws, arising from purchase of goods, services, or materials, pursuant to this Contract. This assignment shall become effective at the time that Authority tenders final payment to Contractor, without further acknowledgment by the parties. Contractor shall have the rights set forth in Sections 4553 and 4554 of the Government Code. CONTRACT -41 - 12500.00199\7372ll 7.l 29. Notice of Third-Party Claims. Pursuant to Public Contract Code Section 9201, the Authority shall provide the Contractor with timely notification of the receipt of any third-party claim, relating to the Contract. The Authority is entitled to recover its reasonable costs incurred in providing such notification. 30. Payment. Authority agrees to pay and Contractor agrees to accept, in full payment for the Work agreed to be done once accepted by the Authority, for the prices named in tMe Contraet in the manner and with such addition or deduetions as are provided for in this Contract. 30.1 Contract Retentions. (a) For Projects with a performance period exceeding one month for the creation, construction, alteration, repair or improvement of any public structure, building road or other improvement: (i) Progress Payments. From each approved invoice, five percent (5%) will be deducted and retained by the Authority, and the remainder will be paid to Contractor. All Contract retentions shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. (ii) Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Authority will permit the substitution of securities for any monies withheld by the Authority to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Authority, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Authority shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the Authority has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Authority. 30.2 Other Retentions. For all Projects: (a) In addition to Contract retentions, the Authority may deduct from each progress payment an amount necessary to protect Authority from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Authority in pertorming any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of CONTRACT -42- 72500.00199\73721 I 7.1 ,a...,,�,�.�«Mr.��� the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Authority during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Authority, incurred by the Authority for which Contractor is liable under the Contract; (11)an hourly inspection fee equal to the hourly wage of the Authority's staff, if the Authority is notified by Contractor that a job is complete and, upon inspection, it is found to be incomplete; and (12) any other sums which the Authority is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Authority to deduct any of these sums from a progress payment shall not constitute a waiver of the Authority's right to such sums. (b) Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of Work performed by such subcontractors in accordance with the terms of their respective subcontracts and as otherwise required by law. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. (c) Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Authority at the time of payment. To the extent that title has not previously been vested in the Authority by reason of payments, full title shall pass to the Authority at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Authority, nor relieve Contractor from the responsibiiity to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 31. Procedure for Resolving Disputes. The parties to this Contract are subject to the provisions of Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code (as amended by the Statutes of 1990, Chapter 1414, effective January 1, 1991), which requires compliance with the following procedures to resolve any claim by the Contractor of $375,000 or less regarding an extension of time, a change order, extra Work, or any other disputed amount: 31.1 The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims. (a) For claims of less than fifty thousand dollars ($50,000), Authority shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim any additional CONTRACT � � -43 - 72500.00199\7372117.1 documentation supporting the claim or relating to defenses or claims Authority may have against the claimant. (b) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement to Authority and the claimant. (c) Authority's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 31.2 If the claimant disputes Authority's written response, or Authority fails to respond within the time prescribed, the claimant may so notify Authority, in writing, either within 15 days of receipt of Authority's response or within 15 days of Authority's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, Authority shall schedule a meet and confer conference within 30 days for settlement of the dispute. 31.3 If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. If after the foregoing procedures are completed a civil action is filed, the action shall be subject to the mediation and arbitration provisions required by Section 20104.4 of the Public Contract Code. 32. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend with legal counsel approved by Authority, and hold harmless Authority, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all otfier costs and fees of litigation)of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Authority. Should conflict of interest principles preclude a single legal counsel from representing both Authority and Contractor, or should Authority otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse the Authority its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment CONTRACT -44- 72500.00199\7372117.1 rendered against the Authority(and its officers, officials, employees and volunteers)with respect to claims determined by a trier of fact to have been the result of the Contractor's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of thi� Agreement. Contractor 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 Authority under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless Authority for liability attributable to the active negligence of Authority, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Authority is shown to have been actively negligent and where � Authority active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Authority. 33. Interpretation. In interpreting this Contract, it shall be deemed that it was prepared jointly by the Parties with full access to legal counsel of their own. No ambiguity shall be resolved against any party on the premise that it or its attorneys were solely responsible for drafting this Contract or any provision thereof. 34. Integrated Agreement. This Contract embodies the entire understanding befinreen the Parties pertaining to the matters described� herein. Each party acknowledges that no party, agent, or representative of the other party has made any promise, representation or warranty, express or implied, not expressly contained in this Contract, that induced the other party to sign this document. No modification of this Contract shall be valid unless agreed to in writing by the Parties. This Contract may be executed in separate counterparts, the whole of which shall constitute a binding agreement. Facsimile signatures, when received, shall have the same force and effect as original signatures. 35. Governing Law. This Contract shall be construed in accordance with and be governed by the laws of the State of California. The Parties agree that Riverside County, California is the proper venue for enforcement of the terms of this Contract. The prevailing party in any action to enforce this Contract or otherwise concerning the terms of the settlement of the Action shall be awarded costs and attorney's fees. 36. Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify Authority in writing and shall furnish all labor and material releases required by this Contract. Authority shall thereupon inspect the Work. If the Work is not acceptable to the Authority, the Authority shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or CONTRACT -45 - 72500.00199\7372117.1 unsatisfactory Work, Contractor may request a reinspection by the Authority. Once the Work is acceptable to Authority, Authority shall pay to Contractor the Contract Price remaining to be paid, less any amount which Authority may be authorized or directed by law to retain. Contractor shall furnish Authority with any applicable labor and material releases from all subcontractors performing Work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Authority. 3T. Cleaning Up. Contraetor is aware that the work will be eompleted at oceupied residential complexes and will at all times shall keep premises free from debris such as waste, rubbish, excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor is responsible as part of the contract to dispose of all debris, waste, rubbish and excess materials and equipment at Contractor's sole cost and in a proper manner and location as well as to be consistent with the Authority's recycling guidelines. Contractor shall not be allowed to utilize any waste or recycling containers located on any Authority property. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. Contractor shall restore all locations upon which Work was prepared, created or completed to its original or finished condition including any landscaped areas that have been disturbed in the process of the Work. Paint and supplies and material are not to be washed or discarded upon the property including in landscaped areas. There shall be no evidence of paint, paint supplies, or paint clean up visible anywhere on the property except for areas that were authorized to be painted. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the Authority may do so and the cost of such clean up shall be charged back to the Contractor. 38. Laws to be Observed. The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City of Palm Desert which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the Authority and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the drawings and specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Authority in writing. 39. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of CONTRACT -46 - 72500.00199\7372117.1 final acceptance, Contractor shall within ten (10) days after being notified in writing by the Authority of any defect in the Work or non conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Authority, the Authority shall have the right to correct and replace any defective or non conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses incurred hereunder upon demand. 40. State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. PALM DESERT HOUSING AUTHORITY [INSERT NAME OF CONTRACTOR] By: BY� Title: Title: Signature: Signature: Date: Date: Contractor's License#: CONTRACT -47 - 72500.00199\7372117.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, PALM DESERT HOUSING AUTHORITY (hereinafter referred to as "Authority") has awarded to , (hereinafter referred to as the "Contractor") an agreement for Demolition and Backfill of Ponds at One Quail Place (hereinafter referred to as the "Project"). WHEREAS, the work to be perFormed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful perFormance of said Contract Documents. NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Authority in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perForm the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Authority, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by Authority in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless othennrise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Authority, during which time if Contractor shall fail to make full, complete, and satisfactory repair PERFORMANCE BOND -48 - 72500.00199V 372117.1 and replacements and totally protect the Authority from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Authority's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contraetor shall be, and is deelared by tMe AutFiority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Authority to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the AUTHORITY, when declaring the Contractor in default, notifies Surety of the Authority's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. PERFORMANCE BOND -49 - 72500.00]99\73721]7.1 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2012. CONTRACTOR/PRINCIPAL Name By SURETY: By: Attorney-I n-Fact The rate of premium on this bond is per thousand. The total amount of premium charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California PERFORMANCE BOND - 50- 72500.00199\7372117.1 NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. ACKNOWLEDGMENT State of Califomia County of ) On before me, (insert name and title of the officer) Nersonalry appeared � ho proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and adcnowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. ITNESS my hand and official seal. Signature (Seal) PERFORMANCE BOND -51 - 72500.00194\7372117.1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the "Authority"), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the "Principal," a contract for the work described as follows: Demolition and Backfill of Ponds at One Quail Place (the "Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the pertormance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the Authority in the penal sum of Dollars ($ ) lawful money of the United States of Ameriea, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to-work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Authority in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for perFormance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme PAl'MENT BOND - 52 - 72500.00199\7372117.1 or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contraet befinreen the owner or Authority and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Principal (Property Name of Contractor) By (Signature of Contractor) (Seal of Surety) Surety By Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) [Remainder of Page Left Intentionally Blank.] PAYMENT BOND -53 - 72500.00199\7 372117.1 NOTE: A copy of the Power-of-Attorney to local representatives of the bonding ACKNOWLEDGMENT State of Califomia County of � On before me, (insert name and title of the officer) Nersonally appeared ho proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrumerrt and acknowledged to me that heJshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herftheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. TNESS my hand and official seal. Signature (Seal) company must be attached hereto. PAYMENT BOND -54- 72500.00199\7372117.1 .,..�.:m.�.�...»rnw, .'.v✓��itiw:w.���WM ..�___..__ . . SPECIFICATIONS Demolition and Backfili of Ponds at One Quail Place SCOPE OF WORK: A. REMOVAL/DEMOLITION OF PONDS: Pond Nos. 2, 3, 4, 5*, 6*, 7, 9, 10 and 11 shall be removed as identified in the attached site plan (Exhibit A to the Bid Package)as follows: 1. Drain all water from the ponds that have been identified to be removed into an appropriate drainage location by obtaining a pool drain permit from the City of Palm Desert. No water shall be drained onto the property or into storm drains, dry wells, streets, or driveways, without prior written or permitted approval. Absolutely NO water shall be drained onto sidewalks, walkways or into landscaped areas. 2. Remove drains, bio-filters, circulation pumps and pond equipment for all ponds being removed. Any pond equipment and pumps in working order shall be returned to owner for future use on remaining ponds. Contractor shall demonstrate non-working equipment to property manager prior to removal from the site. 3. Remove and recycle at least the top 12 inches of concrete (including the edge)of existing and newly exposed concrete on all ponds being removed. 4. Puncture all the existing pond liners at a minimum of every 12 inches in all directions or as is necessary to allow sufficient drainage and percolation of runoff water, etc. for all ponds being removed. 5. Fill the punctured ponds with imported soil to the same compaction as surrounding areas. Imported soil shall be agriculturally tested for suitability to the desert area. B. RETROFIT OF PONDS Areas/Locations will be identified at the Mandatory Pre-Bid Meeting and Job Walk. 1. Provide and install irrigation emitters for drought tolerant plants included in this bid to be installed over newly demolished ponds. Contractor will be required to provide all materials to either tie into existing irrigation valves and/or systems or install new equipment to ensure adequate irrigation coverage. Upon completion of the Work, Contractor will be required to demonstrate that there is adequate irrigation coverage for all new and existing landscape areas that are tied to existing equipment. SPECIFICATIONS - 55 - 72500.00194\7372117.1 2. All plants to be installed shall be at least 5 gallons unless prior written approval is obtained from the Authority. Plant material shall conform to Palm Desert's approved "Desert Flora PaletteH. 3. Provide and install sufficient"desert gold" decomposed granite to match existing decomposed granite to 3/8" minus with 11% fines wetted and compacted to a 2" depth over demolished pond locations. 4. Provide and install concrete*, lighting*, benches*, landscape materials (boulders, cobble, decomposed granite, etc.)and plants for the retrofitted areas. (Examples of benches, lighting and receptacles attached in Exhibit B to the Bid Package) 5. As part of the bid, Contraetor will provide detailed written suggestions for each removal location keeping a minimalistic landscape format that incorporates maintenance free design over at least 50 percent of the newly created areas. Decomposed granite will be installed in all areas with the exception of the areas that are retrofitted with concrete walkways and/or slabs. Sample renderings of at least two locations are recommended to be included in the bid package but not required. Renderings will be required by the Contractor prior to commencement of Work. All Work shall be finalized and approved in writing prior to the commencement of Work. 6. *For pond locations 5 and 6, after the pond is removed, the area will be retrofitted to include new concrete walkways adjoined to current walkways connecting a new concrete slab sufficient in size to accommodate two benches and finro lights at Pond 5 and one bench and one tight at Pond 6, matching waste and recycle receptacles at of these locations, and a trellis for shade at Pond 5 (Examples of benches, lighting, trellis and receptacles attached in Exhibit B to the Bid Package). Concrete areas will require that drains be installed, if necessary, to ensure adequate drainage. The remaining area around the new concrete will be retrofitted with minimalistic landscape. All concrete installed will comply with the requirements of the Americans with Disabilities Act for accessibility. a. Benches shall be at least six feet (6') in length and made of weather and graffiti resistant recycled composite material, or similar mounted or attached to the concrete surface with matching 32 gallon trash and recycle receptacles. Color: Bronze or Brown b. Trellis shall be appropriately sized to provide shade for benches and shall be constructed of weather resistant materials that match the design of the area (Examples of trellis attached in Exhibit B to the Bid Package). Trellis can be screened and/or complemented with a drought tolerant desert vine for shading with approval from the Authority. c. Lighting shall be similar style to those shown in Exhibit B and be energy efficient while complying with the City of Palm Desert's outdoor lighting requirements. Color: Bronze or Brown SPECIFICATIONS -56 - 72500.00199\7372117.1 7. Quantities of materials are to be included in the bid package and included in the bid price except as noted: a. If estimates are used, they must be noted with a `not-to-exceed' value and/or price . The `not-to-exceed' cost is to be included in the base bid pricing and determination of lowest bid will be based on the base bid. If a `not-to-exceed' value is included in the bid price, at the time such materials are installed, Contractor will be required to provide cost invoiees from suppliers. Contraetar will be allowed a 15% markup on cost invoices up to the `not-to-exceed' amount. b. Plant material is estimated to be seventy(70)five gallon shrubs and one (1) 15 gallon tree. The final count will be determined once the removal/demolition and hardscape retrofit portion of the work is complete. For the purpose of this bid estimated number of plants and trees at the installed price (included in bid form)will be included as part of the base bid (determination of lowest bid will be based on the based bid). ** Includes the following: digging of hole, setting of tree, backfilling, watering-in of tree, staking (if needed), and securing with cinch ties 8. At Authority's discretion, additional work not included in the Scope of Work may be requested at time and materials rate allowing a 15% material markup. All requests must be approved in writing by the Authority prior to commencement of additional work. Contractor understands that any damage to any existing landscape, irrigation, bridges, driveways, patios, walkways, etc. will be repaired to its condition before the Work took place. SPECIFICATIONS - 57- 72500.00199\7372ll Z 1 EXHIBIT A OPIE QUAiI RiACf POND LOCA710N P/1RK��� 0 00 a4]00 r _.}jQp bN6�0�,� I ��g, � �si�ii -�-'�-I .�' � Sb�: qea au M' � ���$1 r�-.""- �,="�,-"`ro, �"=1 _ ' ;�, . �*ya�' �w (���3�1 q12 conv�rud to �'rY' '\1'M/__ �$G�•�'� '!5�84� ewrt�c.p. 7 �ty�`, �`�,1�f 4 �YLCC �iWlthGeitbO - �R: ������\YJ �_ �)�� Y '3 �.� �p3� .Di� ��/';' #$Cotw�rbd to �7 �� � r,'� �3 �' M4 ... . `��.�� � C dalut scapa 'irM�--�_ ♦ � 2Dp ��' . i i��:.,` +."'r.�';';..`�..h, '��� i����' � '-�t_��'a-+�iLay� 1-Ds�.J � c i, '�-� r )� � 2706 240G �� Iin.'ma-n- na i _ �(��� �- I�.�' � .p;�,xA �i T C _ � l��,, __. __ � .p!!.'n^! A�:A;. � q at ��� .. _ .. a 3.m�0 .AAa7y � � �lf �� ,�s�' � •o i �� '► 'ss', mo.s,s... ��.,,.�., ' � °+�, �l „ � ���� ���gJ 1\� �!�� cow+. i �!�.roal���i. � �ans,M �#ga `_ i�_ ._ .... ... ( 120U..--� n'm�i� �'p' .�'�a � 19W 1'1���� ����~ � ! �'�i� ,�r ;°. � �, ,—,;,;., ,,;s ,� ��' a�� �s �- �i, ,� -�,� � ," �, ,� •.� ��' , � � + *�;� ,.,—� ..� , .� �w �� ,. �,�� �g,�� {� .._�1pp ___._. ro• �: US',. ��• R : a t�71�i�'�'' . _ ��"_ ` S�: ''� i ��. x a„«,n a'n i :. �'4�00:�� �S.s i r -� �; m�i_rs._t�a.�ra; Q � i a�. 's Lyy�DS..�,y�lr, �.� ��' �i, .._ Jf r� ,I,�$ __���'' ,t � 7 Ri"' .t� g=# � . i . _.—, 5p0�'Mh . 300 ___ _ ___ #6 e�i� i i ��'.A,�i � r�D...:i... :"�° #4 '/ 001 Ip ��� ♦ /��'�._� . �._ �2 � �_( , ' ...,._...._wr; ,��R-1, ,ob � �«,. ,..._. �- #3 +r g�'___�.. : „�,, -- . ���,�� .���s�, -- . �wtl�s( y, �, Y: �' � � ; � '�f-� ��� .r�!:� ifl�if� " ... . - � . _� � }t-: a�` �°°- .. . ,� ,a_; #1 ___ , .� A, .,w�n, , ��!�l! .» _Y �..,< { _ ��_ _ � f fRED WARING DR 0 0 vondsmwm��t�inW . � Pads W W taw�w�W oo A�vN1 uape OQ�Pond.�i3013 . � Pmaaconwrudman«tww SPECIFICATIONS - 58 - 72500.00199\7372117.1 EXHIBIT B Sample Benches: Sample Lights (Bronze or Brown): , � ��. �,. � . � SPECIFICATIONS - 59 - � 72500.00199\7372117.1 i '! EXHIBIT B Continued: Sample Trellis: �.: .., ���,. ,._ _—- -_ - � , -. -�. s - -_ �� ,� �. � '.,, i �}'� ,.� ,�� ; �� ^ , � � �' �..'�^ i� , ' � � �; !�rtt 1�� , Z , .,'ji;'� � �� � � � � � �.; � ,�� _ �� _, ,�>.� ,: . Sample Receptacles: �. -.. r-�. . . �Y'?'. t„'r �� � �� �r,- d a'':. ; .r,^�.� •� �, ,;,E.. � .q . _ �� w � � e�;¢ � � �, � ��; � '�. . � � v IJ SPECIFICATIONS -60 - 72500.00199\7372117.1