HomeMy WebLinkAboutHA34660 - HD USA Inc - Bldg 14 - One Quail PlContract No. HA34660
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: AUTHORIZE THE USE OF THE HOME DEPOT U.S.A., INC. FOR
ROOF REPLACEMENT AND REPAIR ON BUILDING #14 AT ONE
QUAIL PLACE IN THE AMOUNT OF $38,686 ALONG WITH A
CONTINGENCY OF $3,868.60 FOR A TOTAL NOT TO EXCEED
$42,554.60
SUBMITTED BY: Janet M. Moore, Director of Housing
DATE: July 9, 2015
CONTENTS: Home Depot Proposal
Draft Contract - Home Depot (Contract No. HA34660)
Recommendation
By Minute Motion, that the Authority Board,
1. By Minute Motion, authorize the use of The Home Depot U.S.A., Inc. for
roof replacement and repair on Building #14 at One Quail Place in an
amount not to exceed $42,554.60 ($38,686 contract amount and
$3,868.60 contingency for unforeseen conditions); and
2. Authorize the Executive Director to review and approve written requests
for the use of the contingency $3,868.60 for unforeseen conditions; and
3 Authorize the Palm Desert Housing Authority's Chairman and/or Executive
Director or his designee to finalize and execute any documents necessary
to effectuate the action taken herewith.
Monies have been included in the FY 2015/2016 proposed Palm Desert Housing
Authority's 2015/2016 operating budget, in the appropriate Authority account.
Housing Commission Recommendation
The Housing Commission reviewed this item at its regular meeting of July 8, 2015. A
verbal report will be provided upon request by the Authority Board.
Executive Summary
Home Depot U.S.A., Inc. ("Home Depot"), under a government purchasing cooperative
has provided a bid to repair and replace the roof on building #14 at One Quail Place.
The roof is in disrepair and needs to be replaced as soon as possible. After contacting
seven roofing companies, Home Depot was the only contractor willing to submit a
proposal at this time. Approving the request will get the immediate work for Building #14
done expeditiously while providing additional time to have all the roofs at One Quail
assessed to determine their condition.
Contract No. HA34660
STAFF REPORT
Roof Repair Building #14 One Quail Place
July 9, 2015
Page 2
Background
RPM Company, the Authority's contracted management company, contacted numerous
roofing contractors to assess the roof on building #14 at One Quail Place due to a leak.
Six of the seven contractors contacted either did not pay prevailing wage, did not
respond or they declined to prepare a proposal to do the work at this time.
Home Depot as a contractor under the government purchasing cooperative, U.S.
Communities ("U.S. Communities") provided a proposal based on their agreed upon
contracted pricing.
U.S. Communities is a cooperative purchasing organization, established through a
collaborative effort to assist public agencies and non -profits across the United States
with the specific purpose of reducing procurement costs by leveraging group volume.
U.S. Communities accomplishes this by soliciting proposals and awarding contracts that
are held by a principal procurement agency for commonly purchased products and
services at prices that have been assessed to be fair, reasonable, and competitive.
Under the provisions of the Palm Desert Municipal Code Section 3.30.260, the Authority
may participate as a government entity with U.S. Communities under their cooperative
pricing for this service. Staff therefore recommends using Home Depot to repair the roof
on Building #14 at One Quail Place and due to the timing of the repair authorize the
Executive Director to review and approve the written request for use of the contingency
for unforeseen conditions during the re -roof process.
Fiscal Analysis
Approval of staffs recommendation would result in an expenditure amount not to
exceed $42,554.60.
Submitted by:
r
Moore, Director of Housing
Finance-Bgpartment:
Gibson, Director of Finance
HOUSG AUTH 5 -
ON 9.0
VERIFIED BY:
M. Wohlmuth, Executive Direc c r roil on file with City rk O;ficE_'
Teel ner, aryl t l r
Ts Note _
G:IHOUSING1Patty Leon\JMMlstatt report\HOUSING AUTHORITY1Home Depot Agreement 20151SR Home Depot- OOP Building 14 root 7-9-15.doc
Contract No. HA34660
GET IT
INSTALLED
Client Name:
Address:
State/Zip:
Project Description
Spec Sheet #:
PROJECT QUOTE
Job #: 8285757 Quote Date: REVISED 6/15/15
RPM Company Project Name:
3333 Concours St Bldg 7 Su 710 Address:
Ca 91764 State/Zip:
72-600 Fred Waring
72600 Fred Waring Drive
Palm Desert CA 92260
BUILDING #14 -SMALL BDG. Branch: San Diego
Bid includes:
Required Permits
Remove existing roof material
Remove dry rot ply at parapet and replace
Complete new TPO brought up interior of parapet terminating at wall flashing
All material for building #14 will be hand carried from parking lot to building
20 year Product Warranty /10 Year Craftsmanship Warranty
*DOES NOT INCLUDE DRY ROT REPAIR BELOW EXISTING ROOF MATERIAL. A CHANGE ORDER FOR
ADDITIONAL WORK MAY BE REQUIRED FOR DRY ROT FOUND AFTER EXISTING ROOF IS REMOVED.
LABOR RATES ARE CALCULATED AT THE PREVAILING WAGE FOR PROJECT.
REPLACE DRY ROT DECKING AS NEEDED
• Commercial Product and Craftsmanship warranties will apply. See attachments for details.
• Should lead be present, additional charges will apply for Lead Safe Renovation.
• Changes to sizes, quantities, and specifications listed above may result in pricing adjustments.
TOTAL $ 38,686
BSM: BIM:
Schedule of Payments Warranties
Time of Contract 30 % Product As per manufacturer specifications
Material Ordered 30 % Craftsmanship 10 Year Warranty
Job Started 30 %
Comments:
Final Payment 10 %
Pricing valid for 30 days from Quote Date above. Changes to items or quantities may invalidate this quote
12-13-2011
CONTRACT NO. HA- 34660
PALM DESERT HOUSING AUTHORITY
AGREEMENT
THIS AGREEMENT is made and entered into in the City of Palm Desert on this 9TH
day of JULY 2015, by and between THE PALM DESERT HOUSING AUTHORITY, a
public agency, hereinafter referred to as "AUTHORITY," and THE HOME DEPOT
U.S.A, INC., a US Communities Government Purchasing Alliance Contractor,
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
WHEREAS, the AUTHORITY has requested from CONTRACTOR, under the US
Communities Government Purchasing Alliance Contract No. 11019, proposals Roof
Replacement and Repair on Building 14 at One Quail Place (the "Work") at the
location and per the specifications and scope of services as summarized in Exhibit "A",
(all exhibits are attached hereto and made a part hereof) (the "Project") and such Work
is considered necessary.
WHEREAS, pursuant to said request. CONTRACTOR submitted a proposal, which was
accepted by AUTHORITY for said
NOW, THEREFORE, in consider "'M'' ' utual promises, obligations, and
covenants hereinafter contained, the s he o' a e as follows:
(1) TERM. The term of this Agreement shall be for the time it takes to complete
the Work or 180 days ;<from the date the Proposals submitted by CONTRACTOR are
approved by AUTHORITY whichever occurs first ("Contract Time"), unless a later date
is agreed to in writing between parties.
(2) INCORPQRATED QY REFERENCE. This Agreement includes and hereby
incorporates in full by reference the following documents, including all exhibits,
drawings, specifications and documents therein, and attachments and addenda thereto:
a) General Specifications, Exhibit "A"
b) Contractor's Proposals, Exhibit "B"
c) Worker's Compensation Certification, Exhibit "C"
d) Payment Bond, Exhibit "D"
e) Performance Bond, Exhibit "E"
(3) PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES.
CONTRACTOR shall perform its Work in strict accordance with any completion
schedule, construction schedule or project milestones developed by the AUTHORITY.
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 1 of 26
CONTRACT NO. HA -
Such schedules or milestones may be included as part of an exhibit or may be provided
separately in writing to the CONTRACTOR. CONTRACTOR agrees that if such Work is
not completed within the aforementioned Contract Time and/or pursuant to any such
completion schedule, construction schedule or project milestones developed pursuant
to provisions of the Agreement, it is understood, acknowledged and agreed that the
AUTHORITY will suffer damage. Pursuant to Government Code Section 53069.85,
CONTRACTOR shall pay to the AUTHORITY as fixed and liquidated damages the sum
of $500 per day for each and every calendar day of delay beyond the Contract Time or
beyond any completion schedule, construction schedule or Project milestones
established pursuant to the Agreement.
(4) AUTHORITY'S OBLIGATIONS AND AMOUNT_9f COMPENSATION. For
furnishing services, as specified in this Agreement, AUTHORITY will pay and
CONTRACTOR shall receive the Total Contract Price in the amount of Thirty Eight
Thousand Six Hundred Eighty Six Dollars and No/100 Cents ($38,686.00)
("Contract Price") with a contingency of Three Thousand Eight Hundred Sixty
Eight Dollars and 60/100 Cents ($3,868.60) ("Contingency") for a total Not -to -
Exceed Forty Two Thousand Five Hundred Fifty Four Dollars and 60/100 Cents
($42,554.60) ("Total Not -to -Exceed Contract Price")* provided that such Contingency
shall be subject to the applicable terms of this Agreement by written change orders
approved and signed in advance by the AUTHORITY. AUTHORITY agrees to engage
and does hereby engage CONTRACTOR as an independent contractor to furnish all
materials and to perform all Work according to the terms and conditions herein
contained for the sum set forth above.
* The Total Not -to -Exceed Cotrract amount includes compensation for proposed work,
materials and require:I permits) in the amount of $38, 686.00, and contingency of in the
amount of $3,868.60. Contingency may not, ,expended nor committed without prior
written authorization Ly the Executive Direct i the Authority.
(5) CONTRACTOR'S OBLIGATIONS. For, and in consideration of, the
payments and agreements hereinbefore mentioned to be made and performed by
AUTHORITY, CONTRACTOR agrees with AUTHORITY to furnish the services and to
do everything required by this Agreement, its Exhibits and the CONTRACTOR'S
Proposals submitted and attached hereto as Exhibit "B". Prior to the commencement of
Work, CONTRACTOR must supply an exact list of work to be done and materials to be
used for approval prior to commencing work. All approvals for Work must be in writing
and signed by both parties prior to commencement of Work.
CONTRACTOR agrees and must guarantee that materials included in its proposal are
new and of first quality and durability or as specified and approved in Exhibits "A" and
"B". CONTRACTOR agrees that all Work will be done in a workmanlike and
professional manner. CONTRACTOR understands that the work is being completed
within occupied residential communities and will comply with all General Specifications
identified in this Agreement and Exhibit "A".
PDHA Agreement to Reroof Bldg 14 at 0.Q. Place Page 2 of 26
CONTRACT NO. HA -
a) Change in Scope of Work. Any change in the scope of the Work, method of
performance, nature of materials or price thereof, or any other matter materially
affecting the performance or nature of the Work shall not be paid for or accepted unless
such change, addition or deletion is approved in advance and in writing by a valid
change order executed by the Authority.
b) Inspection Of Site. As part of any proposal submitted, CONTRACTOR has
visited sites ("Sites") identified in Exhibit "A", and become acquainted with all conditions
affecting the Work. In submitting a proposal, the CONTRACTOR warrants that it has
made such Sites examinations as it deems necessary to determine the condition of the
Sites, its accessibility to materials, workmen and equipment, and to determine the
CONTRACTOR'S ability to protect existing surface and subsurface improvements. No
claim for allowances —time or money —will be allowed as to such matters. By submitting a
proposal, CONTRACTOR acknowledges that Sites are occupied residential
communities and that Work will be completed in a manner that ensures minimal resident
impact. By submitting a proposal, CONTRACTOR ensures its proposal is based on the
terms and conditions as provided in the Agreement and in the General Specifications.
CONTRACTOR INITIAL
c) Standard of PerformanCe; PerfQymance of Employees. CONTRACTOR
shall perform all Work under this Agreement in a skillful and workmanlike manner, and
consistent with the standards generally recognized as4being employed by professionals
in the same discipline in the State of California. "CONTRACTOR represents and
maintains that it is s ��t e professional calling necessary to perform the Work.
CONTRACTOR w t employe and subcontractors shall have sufficient
skill and experien perfor ;'e Work igned to them. Finally, CONTRACTOR
represents that i emp nd ontractors have all licenses, permits,
qualifications and ap t,� I °l�that are legally required to perform the
Work, including a City s Lice' that such licenses and approvals shall be
maintained throughout t term of this Agreement. As provided for in the
indemnification provisions o I�Agreement, 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.
d) Control and Payment of Subordinates: Contractual Relationship.
AUTHORITY retains CONTRACTOR on an independent contractor basis and
Contractor is not an employee of AUTHORITY. Any additional personnel performing
the work governed by this Agreement on behalf of CONTRACTOR shall at all times be
under CONTRACTOR'S exclusive direction and control. CONTRACTOR shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance under this Agreement and as required by law. CONTRACTOR shall be
PDHA Agreement to Reroof Bldg 14 at 0.Q. Place Page 3 of 26
CONTRACT NO. HA -
the AUTHORITY all r'
under Section 4 of
(Chapter 2 comm01
Professions Code) '!
the public works co
become effective at the
without further acknowledg
responsible for all reports and obligations respecting such additional personnel,
including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, and workers' compensation insurance.
e) Subletting And Subcontracting. CONTRACTOR will abide by the Subletting
and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public
Contracting Code), if applicable, and list in their proposal the name and location of place
of business of each sub -contractor who will perform work or labor or render services in
or about the construction of the work or improvement or a sub -contractor who will
specifically fabricate and install a portion of the work or improvement according to the
General Specifications in excess of one half of one percent (0.5%) of the prime
CONTRACTOR'S total proposal. Failure to list a sub -contractor for any portion of the
work under the guidelines above implies that CONTRACTOR'S own forces will do that
portion of the work.
All sub -contractors are subject to the provisions of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works
provision of Prevailing Wages as described in Section 19, Wage Rates herein and will
be required to provide a statement indicating same.
f) Anti -Trust Claims.This provision shall be operative if this Agreement is
applicable to California Public Contract Code Section 7103.5. In entering into a public
works contract or a subcontract to supply goods, services, or materials pursuant to a
public works contract, CIS RACTOR or Sub -contractor offers and agrees to assign to
nd interest i i and to all causes of action it may have
t (15 U.S.C_Section 15) or under the Cartwright Act
with S tin 1670), or Part 2 of Division 7 of the Business and
fr ek ses of goods, services, or materials pursuant to
ct. This assignment shall be made and
tenders final payment to CONTRACTOR,
e AU
y the parties
g) Safety Program. request by AUTHORITY, CONTRACTOR shall
furnish AUTHORITY with a copy of its California OSHA required Injury and Illness
Prevention Plan, or written description of its exemption, before proceeding with any
Work under this agreement.
h) Compliar see With California OSHA. CONTRACTOR shall ensure that all
work performed under this Agreement is in compliance with the California OSHA
standards and regulations. Any delays in project completion, fines, legal fees, consulting
costs or other losses stemming from California OSHA actions against the
CONTRACTOR for work performed under this Agreement are the sole responsibility of
Contactor.
i) Permits and Fees. CONTRACTOR is required to obtain and pay for any and
all permits required by the Work.
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CONTRACT NO. HA-
j) Protection Of The Public. CONTRACTOR shall take all necessary
precautions to protect the residents, public, especially children, from the hazards of any
Work performed. CONTRACTOR shall use such foresight and shall take such steps and
precautions as his operations make necessary to protect the residents and public from
danger or damage, or loss of life or property.
Whenever, in the opinion of AUTHORITY, an emergency exists where CONTRACTOR
has not taken sufficient precaution for the safety of the residents and public or the
protection of utilities or of adjacent structures or property, or if immediate action shall be
considered necessary in order to protect public or private personnel or property interest,
or to prevent likely loss of human life or damage on account of the operations under the
Agreement, then and in that event, AUTHORITY may provide suitable protection to said
interest by causing such work to be performed and material to be furnished as, in the
opinion of AUTHORITY, may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of
such repairs as may be deemed necessary shall be borne by CONTRACTOR. If the
CONTRACTOR shall not pay said cost and expense upon presentation of the bills
therefore duly certified by the AUTHORITY, then said cost and expense will be paid by
AUTHORITY and shall thereafter be deducted from any amounts due, or which may
become due, said CONTRACTOR. Failure of CONTRACTOR to take such
precautionary measure shall not relieve CONTRACTOR of his full responsibility for
public safety.
Materials, equipment
No materials or a u:
q
written authorization.
CONTRACTOR shall d
vehicles in conformance
laws and regulations.
hl de
ent, n
hall b
bris sh
0114
d so as to not create a public nuisance.
e stored at the project site without prior
onstrui Maintain all safety devices, equipment and
ocal, state and federal safety and health standards,
(I1
k) Pro;ection Anci Apstoration Of Existing Facilities. This section covers the
protection and preservation of existing facilities and services within or adjacent to the
right-of-way, the Sites and other impacted areas.
Types of existing improvements and services consist of but are not limited to the
following: existing roads, sidewalks, resident pathways, landscaping, irrigation, signs,
and associated structures; private property; water appurtenances; light poles; carports;
walls, windows, fences and gates.
Damage to facilities caused by CONTRACTOR'S operations shall be repaired or
replaced by and at the expense of CONTRACTOR by the appropriate licensed
individual. If existing sidewalk or curb is damaged, entire panels shall be removed and
PDHA Agreement to Reroof Bldg 14 at 0.Q. Place
Page 5 of 26
CONTRACT NO. HA -
replaced; no new joints will be allowed. CONTRACTOR shall take all precautions to
protect all existing improvements.
Existing private properties and improvements shall be carefully protected. Any damages
to irrigation systems, landscaping, fences, or improvements shall be repaired by
CONTRACTOR at CONTRACTOR'S expense and to the satisfaction of the property
owner within twenty-four (24) hours of report of the damage.
CONTRACTOR shall keep sidewalks, resident pathways, parking areas, streets, alleys,
driveways, and walkways within the work area clean at all times. Any cleanup
performed by AUTHORITY or its agents due to poor cleaning practices shall be charged
to CONTRACTOR at overtime rates.
CONTRACTOR shall remove from public and private properties at its own expense all
rubbish and waste materials resulting from its operations; including any material that
may fall in swimming pools, lagoons, or other water features. If on private property,
CONTRACTOR must obtain permission from property owner prior to removing debris.
All debris must be removed before the end of the day unless otherwise directed by
AUTHORITY or AUTHORITY'S agent. Pedestrian paths of travel in areas where
contract work is being performe
st be maintained free of hazardous conditions.
When contract operations may cri ' hazardous conditions to pedestrian paths of
travel, appropriate signing and barr !fie installed to safely route pedestrians
around the impacted area.
d
All existing surface l''� �j" asphaltic concreteII Portland cement concrete,
permanent fencing and barne landscape material such as turf, trees, shrubs, gravel,
etc., or other, shall, after performance of tl = work contracted herein, be restored to a
condition equal to that which ex i d or to �i)mmencement of the work. All restoration
shall be in -kind unless otherwise �ed by the AUTHORITY or AUTHORITY'S agent.
All removal, maintenance, and replacement of existing landscape shall be performed by
a licensed C27 Landscaping C NTRACTOR.
I) Vghicles On Sidewalks And Turf.No vehicles shall drive on sidewalks or turf
without prior AUTHORITY approval.
m) Refuse Disposal. All refuse collected shall be removed and taken to a
sanitary landfill at CONTRACTOR'S expense. Disposal of debris shall not be allowed in
any AUTHORITY trash can, bin or other AUTHORITY facility (i.e., property dumpsters),
or in any park refuse container unless other arrangements have been authorized by
AUTHORITY.
n) Hours Of Work. Unless otherwise approved by AUTHORITY,
CONTRACTOR shall not work outside the hours of operation established under the
Palm Desert Municipal Code: httq:/rwww.citvofoalmdesert.ora lndex.asox?page=230
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 6 of 26
CONTRACT NO. HA -
CONTRACTOR may ONLY use or operate anv motorized eauipment or other noise
sources devices at all Sites after 8:00 AM.
Work is not permitted on Sundays and during City holidays. Failure to observe these
work hours may result in a citation being issued to the offenders by the police
department. (Emergency work directed by Authority is not held to these restrictions.)
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant
to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00
per worker for each day that each worker is permitted to work more than eight (8) hours
in any one calendar day and forty (40) hours in any one calendar week, except when
payment for overtime is made at not less than one and one-half (1-1/2) times the basic
rate for that worker.
o) Labor Actions. CONTRACTOR shall notify AUTHORITY if the
CONTRACTOR is experiencing a labor action at the time of the award of the contract
(or if its suppliers or sub -contractors are experiencing such a labor action). AUTHORITY
reserves the right to terminate the Agreement.
p) CONTRACTOR Identificotio . CONTRACTOR shall insure that all working
personnel are identified by a work uni orm that. at a minimum, consists of a shirt that
identifies the company. All work vehic ,3s used to perform work under this Agreement
shall also be identified, a a minimum, with the :ompany name adequately displayed on
the vehicles.
(6) HOLD JIIVILESS P INDE1OJyJFICATION OF AUTHORITY. To the full
extent permitted b''' CONT tTOR shall defend, indemnify and hold harmless the
AUTHORITY and t ii of alm D,sett (the "City"), their employees, agents,
volunteers and officia om any liability')claims, demands, damage, injury, suits,
actions, arbitrations proc 'tidings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, actual
attorney fees incurred by the AUTFORITY or City, court costs, interest, defense costs
(including expert witness fees), and Any other costs or expenses of any kind whatsoever
incurred in relation to, as a consequence of, or arising out of any acts omissions or
willful misconduct of CONTRACTOR, its officials, officers, employees, agents,
consultants and contractors arising out of or in any way attributable in whole or in part to
the performance of this Agreement, CONTRACTOR shall defend, at CONTRACTOR'S
own cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against the AUTHORITY, its
directors, officials, officers, employees, agents or volunteers. CONTRACTOR shall pay
and satisfy any judgment, award or decree that may be rendered against AUTHORITY
or its directors, officials, officers, employees, agents or volunteers, in any such suit,
action or other legal proceeding. CONTRACTOR shall reimburse AUTHORITY and its
directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 7 of 26
CONTRACT NO. HA -
indemnity herein provided. The only limitations on this provision shall be those imposed
by Civil Code Section 2782.
Without affecting the rights of the AUTHORITY or City under any provision of this
Agreement or this section, CONTRACTOR shall not be required to indemnify and hold
harmless the AUTHORITY or City as set forth above, for liability attributable to the sole
fault of the AUTHORITY or City, provided such sole fault is determined by agreement
between the parties or the findings of a court of competent jurisdiction. This exception
will apply only in instances where the AUTHORITY or City is shown to have been solely
at fault and not in instances where CONTRACTOR is solely or partially at fault or in
instances where AUTHORITY'S or City's fault accounts for only a percentage of the
liability involved. In those instances, the obligation of CONTRACTOR will be all-
inclusive and AUTHORITY or City will be indemnified for all liability incurred, even
though a percentage of the liability is attributable to conduct of the AUTHORITY or City.
CONTRACTOR acknowledges that its obligation pursuant to this section extends
to liability attributable to the AUTHORITY or City, if that liability is less than the
Sole fault of the AUTHORITY or City.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this section from each and every sub -contractor, sub -tier
contractor, or any other person or entity involved by, for, with or on behalf of
CONTRACTOR in the performance of Fhis Agreement. In the event CONTRACTOR fails
to obtain such indemnity obligations from others, CONTRACTOR agrees to be fully
responsible according to the terms of this section. Failure of the AUTHORITY to monitor
compliance with these,, requirements imposes no additional obligations on the
AUTHORITY and will in no way act as a vaiver of any rights hereunder. This obligation
to indemnify and defend. the AUTHORITY and City as set forth herein is binding on the
successors, assigns, orI'eimlof CONTRACTOR and shall survive the termination of this
Agreement or this section.
(7) INSURANcg, CONTRACTOR shall not commence work under this
Agreement until it has provided evidence satisfactory to the AUTHORITY that it has
secured all insurance required under this section. In addition, CONTRACTOR shall not
allow any sub -contractor to commence work on any subcontract until it has provided
evidence satisfactory to the AUTHORITY that the sub -contractor has secured all
insurance required under this section. Failure to provide and maintain all required
insurance shall be grounds for the AUTHORITY to terminate this Contract for cause.
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. If any of the
required insurance contains a general aggregate limit, such insurance shall apply
separately to this Agreement or be no less than two times the specified occurrence limit.
The required insurance shall contain standard separation of insureds provisions, and
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CONTRACT NO. HA -
shall contain no special limitations on the scope of its protection to AUTHORITY, its
elected officials, officers, employees, agents, and volunteers.
a) General Liability Insurance: CONTRACTOR shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, including
without limitation, blanket contractual liability, and a $4,000,000 completed operations
aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain
no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross
liability exclusion for claims or suits by one insured against another; or (3) contain any
other exclusion contrary to the Agreement.
b) 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.
c) Umbrella or Excess Liabiii
maintain an umbrella or excess lid
$4,000,000 that will provide bodily in
coverage at least as broad as the
commercial general liability and employ
the following terms and'conditio is:
• A drop down feature requiring the pol respond in the event that any primary
Mali I i u�ll� ° I i'I'li�u
insurance that would otherv'ise have a iplied proves to be uncollectable in whole or in
part for any reason; 411111
• Pay on behalf of wordir g as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
rance: CONTRACTOR shall obtain and
ranee policy with limits of not less than
soial injury and property damage liability
ary coverages set forth above, including
ibility. Such policy or policies shall include
d) Workers' Compensation Insurance: CONTRACTOR shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000 per person per accident) 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 sub -contractor's
employees. CONTRACTOR shall submit to AUTHORITY, along with the certificate of
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CONTRACT NO. HA -
insurance, a Waiver of Subrogation endorsement in favor of the AUTHORITY, its
officers, agents, employees and volunteers.
Other provisions or requirements
e) Insurance for Sub -contractors: All sub -contractors shall be included as
additional insureds under the CONTRACTOR'S policies, or the CONTRACTOR shall be
responsible for causing sub -contractors to purchase the appropriate insurance in
compliance with the terms of these Insurance Requirements, including adding the
AUTHORITY as an Additional Insured to the sub -contractors policies. CONTRACTOR
shall provide to AUTHORITY satisfactory evidence as required under the Insurance
Section of this Agreement. If any subcontractor's covera' s not comply with the
foregoing provisions, CONTRACTOR shall indemnify and r bid the AUTHORITY
harmless from any damage, loss, cost, or expense, Ocluding ttorneys fees, incurred
by the AUTHORITY as a result thereof.
f) 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. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer tplobind coverage on its behalf. Current
certification of insurance shall be kept on file with AUTHORITY at all times during the
term of this Agreement#AUTHORITY reserves the right to require complete, certified
copies of all required insurance policies, at any time. At least fifteen (15) days prior to
the expiration of any such policy, evidence of insurance showing that such insurance
coverage has been renewed or<eKtended shall be filed with the AUTHORITY. If such
coverage is cancelled or red ei, CONTRACTOR shall, within ten (10) days after
receipt of written notice of such cancelfatior or reduction of coverage, file with the
AUTHORITY evidence lqf insurance showing that the required insurance has been
reinstated or has been provideO;through another insurance company or companies.
g)'Quration of c9verage: CONTRACTOR shall procure and maintain for the
duration of the Agreement 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 agents, representatives, employees or sub-
contractors. CONTRACTOR must maintain general liability and umbrella or excess
liability insurance for as long as there is a statutory exposure to completed operations
claims. AUTHORITY and its officers, officials, employees, and agents shall continue as
additional insureds under such policies.
h) 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
PDHA Agreement to Reroof Bldg 14 at O.O. Place Page 10 of 26
CONTRACT NO. HA -
from CONTRACTOR payments. In the alternative, AUTHORITY may cancel this
Agreement.
i) 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 California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance with the latest
edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
j) Waiver of Subrogation: All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
AUTHORITY, and their 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
sub -contractors.
k) Compliance With Reporting Provisions:: Any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to the AUTHORITY, its ,: irectors, officials, officers, employees,
agents and volunteers.
I) Enforcemen,
acknowledges an �I ICI
AUTHORITY to
imposes no additi•
hereunder.
act Provisions (Non Estoppel!: CONTRACTOR
j;any actual or alleged failure on the part of the
CTOR of non-compliance with any requirement
r, the P THORITY nor does it waive any rights
(lllp
m) Primary ono Nowt' ntribufna Insurance: All insurance coverages shall
be primary and any other in nce, deductible, or self-insurance maintained by the
indemnified parties shall not contribute with this primary insurance. Policies shall
contain or be endorsed to contain such provisions.
n) Requirements NO 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.
o) 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.
PDHA Agreement to Reroof Bldg 14 at 0.0. Place Page 11 of 26
CONTRACT NO. HA-
p) Additional Insured Status: General liability, Automobile Liability, and if
applicable, Pollution Liability, policies shall provide or be endorsed to provide that the
AUTHORITY and its officers, officials, employees, and agents shall be additional
insureds with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to
any excess liability policies. The "Additional Insured Endorsement" shall be on a form
similar to Insurance Services Office's Endorsement Form CG 2010 and contain no other
modifications to the policy.
q) AUTHORITY'S Right to Revise Reauiremenf§: The AUTHORITY reserves
the right at any time during the term of the Agreement 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.
r) Self -Insured Retentions: Any self -insured retentions must be declared to and
approved by AUTHORITY in writing. AUTHORITY reserves the right to require that self -
insured retentions be eliminated, Bred or replaced by a deductible. Self-insurance
will not be considered to com j 'i, these specifications unless approved by
AUTHORITY. �!il, I j �illl11101,,,
s) Separation of Insur9ds; No ppecial Limitations: All insurance required by
this Section shall contain standard separation of nsureds"provisions. In addition, such
insurance shall not contain any special limita ions on the scope of protection afforded to
the AUTHORITY, its directors, officials, offices, employees, agents and volunteers.
t) Timely Noti f Claims: CONTRACTOR shall give AUTHORITY prompt and
timely notice of claim i'nade or suits 4tituted that arise out of or result from
CONTRACTOR'S performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
u) Safety: CONTRACTOR shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Work, the
CONTRACTOR shall at all times be in compliance with all applicable local, state and
federal laws, rules and regulations, and shall exercise all necessary precautions for the
safety of employees appropriate to the nature of the work and the conditions under
which the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and sub-
contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
PDHA Agreement to Reroof Bldg 14 at 0.Q. Place Page 12 of 26
CONTRACT NO. HA-
v) Additional Insurance: CONTRACTOR shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
w) Failure to Maintain Coverage: CONTRACTOR agrees to suspend and
cease all operations hereunder during such period of time as the required insurance
coverage is not in effect and evidence of insurance has not been furnished to the
AUTHORITY. The AUTHORITY shall have the right to withhold any payment due
CONTRACTOR until CONTRACTOR has fully complied with the insurance provisions of
this Agreement. In the event that the CONTRACTOR'S operations are suspended for
failure to maintain required insurance coverage, the CONTRACTOR shall not be
entitled to an extension of time for completion of Work because of production lost during
suspension.
(8) BOND REQUIREMENTS
a) Payment Bond. If the Total Contract Price exceeds $25,000, or otherwise
specifically requested by AUTHORITY in Exhibit "D", CONTRACTOR shall execute and
provide to AUTHORITY concurrentl``"With this Agreement a Payment Bond equal to one
hundred percent (100%) of the amouni payable under the Agreement in a form provided
or approved by the AUTHORITY. If s. cn bond is required, no payment will be made to
CONTRACTOR until the bond has been received and approved by the AUTHORITY.
b) Performanpe Pond. If specificallly requested by AUTHORITY in Exhibit "E",
CONTRACTOR shad execute and provke to AUTHORITY concurrently with this
Agreement a Perforriance Bone n an amount required by the AUTHORITY and in a
form provided or approved by the AUTHORITY. If such bond is required, no payment
will be made to CONTRACTOR until the bond has been received and approved by the
AUTHORITY.
c) Bond ProvjO9ps. Shout , in AUTHORITY'S sole opinion, any bond become
insufficient or any surety be found be unsatisfactory, CONTRACTOR shall renew or
l li
replace the affected bond within ten (10) days of receiving notice from AUTHORITY. In
the event the surety or CONTRACTOR intends to reduce or cancel any required bond,
at least thirty (30) days prior written notice shall be given to the AUTHORITY, and
CONTRACTOR shall post acceptable replacement bonds at least ten (10) days prior to
expiration of the original bonds. No further payments shall be deemed due or will be
made under this Agreement until any replacement bonds required by this Section are
accepted by the AUTHORITY. To the extent, if any, that the Total Contract Price is
increased in accordance with the Agreement, the CONTRACTOR shall, upon request of
the AUTHORITY, cause the amount of the bond to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the AUTHORITY. To the
extent available, the bonds shall further provide that no change or alteration of the
Agreement (including, without limitation, an increase in the Total Contract Price, as
referred to above), extensions of time, or modifications of the time, terms, or conditions
PDHA Agreement to Reroof Bldg 14 at 0.Q. Place Page 13 of 26
CONTRACT NO. HA -
of payment to the CONTRACTOR, will release the surety. If the CONTRACTOR fails to
furnish any required bond, the AUTHORITY may terminate the Agreement for cause.
d) Surety Qualifications. Only bonds executed by an admitted surety insurer,
as defined in California Code of Civil Procedure Section 995.120, shall be accepted.
(9) WARRANTY. CONTRACTOR warrants all Work under the Agreement
(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 Agreement or in any guarantee or warranty provided by any
manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, CONTRACTOR shall within ten
(10) days after being notified in writing by the AUTHORITY of any defect in the Work or
non-conformance of the Work to the Agreement, 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 bo reinstated for an additional one (1) year
period, commencing with the date of acceptance of such corrected Work.
CONTRACTOR shall perform sup: h tests as th90AUTHORITY may require verifying that
any corrective actions, including, Nithout limitation, redesign, repairs, and replacements
comply with the recpirements 14 the Agreement. All costs associated with such
corrective actions and testing, in luding the ,i ��i oval, replacement, and reinstitution of
equipment and materials necessary to gain 8bess, shall be the sole responsibility of
the CONTRACTOR. All warranties and guarantees of subcontractors, suppliers and
manufacturers with respect to any portion of the Work, whether express or implied, are
deemed to be obtained by CONTRACTOR for the benefit of the AUTHORITY,
regardless of whether or not such warranties and guarantees have been transferred or
assigned to the AUTHORITY by separate agreement and CONTRACTOR agrees to
enforce such warranties and guarantees, if necessary, on behalf of the AUTHORITY. In
the event that CONTRACTOR fails to perform its obligations under this Section, or
under any other warranty or guaranty under this Agreement, 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.
(10) AMENDMENTS. Any amendment, modification, or variation from the terms
of this Agreement shall be in writing, signed by CONTRACTOR and approved by the
Executive Director of the AUTHORITY.
PDHA Agreement to Reroot Bldg 14 at 0.o. Place Page 14 of 26
CONTRACT NO. HA-
(11) PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT.
AUTHORITY has specific criteria by which to evaluate the performance of
CONTRACTOR. If performance by CONTRACTOR is deficient, AUTHORITY reserves
the right to subtract a cost from amount due. Since it is difficult to quantify and assess a
value to every aspect of the work, AUTHORITY shall implement a standard $100 cost
per incident.
The following describes deficiencies:
a)Failure to comply with contract specifications.
b)Failure to comply in a timely manner with contractually legitimate requests
made by AUTHORITY.
c)Failure to provide specified reports or falsification of reports.
d)Failure to supply adequate equipment, labor or supervision.'
e)Failure to repair deficiencies in the allotted time frame.
f)Failure to comply with schedules.
g)Failure to protect public health and safety.
h)Failure to provide CONTRACTOR identification on vehicles or employees.
In the event CONTRACTOR fails to perform contractual obligations to the satisfaction of
AUTHORITY, AUTHORITY may c obtain the services of a separate provider to
fulfill CONTRACTOR'S obligations,''l �'I d all associated charges shall be the
responsibility of CONTRACTOR.
ph
(12) NOTICE OF THIRD-PARTCLAI 41 pant to Public Contract Code
Section 9201, AUTHORITY shall provide the NTRA OR with timely notification of
the receipt of any third -party cram, relating to the Agreement. The AUTHORITY is
entitled to recover its reasonable posts incurred in providing such notification.
(13) TERMINATION. If, during the term of this Agreement, AUTHORITY
determines that CONTRA( TOR is not faithfully abiding by any term or condition
contained herein, AUTHOR TY may notify CONTRACTOR in writing of such defect or
failure to perform; which notice must give CONTRACTOR a three-day period of time
thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to
perform said work or cure the deficiency within the three (3) days specified in the notice,
such shall constitute a breach of this Agreement and AUTHORITY may terminate this
Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter,
except as otherwise set forth herein, neither party shall have any further duties,
obligations, responsibilities, or rights under this Agreement except, however, any and all
obligation of CONTRACTOR'S surety shall remain in full force and effect, and shall not
be extinguished, reduced, or in any manner waived by the termination hereof. In said
event, CONTRACTOR shall be entitled to the reasonable value of its services
performed from the beginning of the period in which the breach occurs up to the day it
received AUTHORITY'S Notice of Termination, minus any offset from such payment
representing the AUTHORITY'S damages from such breach. AUTHORITY reserves the
right to delay any such payment until completion of confirmed abandonment of the
project, as may be determined in the AUTHORITY'S sole discretion, so as to permit a
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 15 of 26
CONTRACT NO. HA -
full and complete accounting of costs. In no event, however, shall CONTRACTOR be
entitled to receive in excess of the compensation quoted in its bid.
The AUTHORITY at its discretion may at any time during the term of this Agreement
remove a property from being renovated with 30 days written notice to the
CONTRACTOR.
The AUTHORITY, in the exercise of its sole and absolution discretion, may terminate
this Agreement with 30 days written notice for any reason or no reason whatsoever. In
the event of termination by AUTHORITY for any reason other than the fault of
CONTRACTOR, AUTHORITY shall pay CONTRACTOR for all Work performed up to
that time as provided herein. Further, if this Agreement is terminated as provided,
AUTHORITY may require CONTRACTOR to provide all finished or unfinished
documents, data, diagrams, drawings, materials or other matter prepared or built by
CONTRACTOR in connection with its performance of this Agreement.
(14) LAWS AND REGULATIONS. CONTRACTOR shall keep itself fully
informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Agreement or the Work,
including all Cal/OSHA requiremenLs, and shall give all notices required by law.
CONTRACTOR shall be liable f lations of such laws and regulations in
connection with Work. If the ACTOR observes that the drawings or
specifications are at variance with any w, rule or regulation, it shall promptly notify the
AUTHORITY in writing. Any necessary changes shall be made by written change order.
If the CONTRACTOR performs any work knowing it to ,4, contrary to such laws, rules
and regulations and without giving written notice to the AUTHORITY, the
CONTRACTOR shall be sole y responsible for all costs arising therefrom.
CONTRACTOR shall defend, iithmnify and hold AUTHORITY, its officials, directors,
officers, employees and agen-s free and, harmless, pursuant to the indemnification
provisions of this Agreement i `rom any et* or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
(15) TRENCHING WORK. If the Work governed by this Agreement entails
excavation of any trench or trenches five (5) feet or more in depth, CONTRACTOR shall
comply with all applicab e provisions of the California Labor Code, including Section
6705. To this end, CON' RACTOR shall submit for AUTHORITY'S review and approval
a detailed plan "showing lie design of shoring, bracing, sloping, or other provisions to be
made for worker protection from the hazard of caving ground during the excavation of
such trench or trenches. If such plan varies from the shoring system standards, the
plan shall be prepared by a registered civil or structural engineer.
(16) HAZARDOUS MATERIALS AND DIFFERING CONDITIONS. As required
by California Public Contract Code Section 7104, if this Agreement involves digging
trenches or other excavations that extend deeper than four (4) feet below the surface,
CONTRACTOR shall promptly, and prior to disturbance of any conditions, notify
AUTHORITY of: (1) any material discovered in excavation that CONTRACTOR
believes to be a hazardous waste that is required to be removed to a Class I, Class II or
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 16 of 26
CONTRACT NO. HA -
Class III disposal site; (2) subsurface or latent physical conditions at the site differing
from those indicated by AUTHORITY and (3) unknown physical conditions of an
unusual nature at the site, significantly different from those ordinarily encountered in
such contract work. Upon notification, AUTHORITY shall promptly investigate the
conditions to determine whether a change order is appropriate. In the event of a
dispute, CONTRACTOR shall not be excused from any scheduled completion date and
shall proceed with all Work to be performed under the Agreement, but shall retain all
rights provided by the Agreement or by law for making protests and resolving the
dispute.
(17) UNDERGROUND UTILITY FACILITIES. To the extent required by Section
4215 of the California Government Code, AUTHORITY shall compensate
CONTRACTOR for the costs of: (1) locating and repairing damage to underground
utility facilities not caused by the failure of CONTRACTOR to exercise reasonable care;
(2) removing or relocating underground utility facilities not indicated in the construction
drawings; and (3) equipment necessarily idled during such work. CONTRACTOR shall
not be assessed liquidated damages for delay caused by failure of AUTHORITY to
provide for removal or relocation of such utility facilities.
(18) APPRENTICEABLE CRAFTS. When CONTRACTOR employs workmen in
an apprenticeable craft or trade, CONTRACTOR shall comply with the provisions of
Section 1777.5 of the California Labor Code with respect to the employment of properly
registered apprentices upon public w . The primary responsibility for compliance
with said section for all apprenticeablelpations shall be with CONTRACTOR.
(19) WAGE RATES. CONTRACT
Labor Code Sections 1720, et seq., and
Regulations, Title 8, Section 13000, et seq
the payment of prevailing wage rates and th
mliVl��
aware of the requirements of California
et seq., as well as California Code of
revailing Wage Laws"), which require
Performance of other requirements on
certain "public works" and "maintenance" p';' tects. Since the Work being performed is
part of an applicable "public works" or "maintenance" project, as defined by the
Prevailing Wage Laws, and since the total compensation is $1,000 or more,
CONTRACTOR agrees to ful y comply with such Prevailing Wage Laws. When
applicable, pursuant with the provisions of California Labor Code, Division 2, Part 7,
Chapter 1, Articles 1 and 2 and any other regulations that apply to this Agreement, the
Director of the Department of Industrial Relations has ascertained the prevailing rate of
per diem wages of the locality in which the Work is to be performed and applicable to
the work to be done.
CONTRACTOR shall make copies of the prevailing rates of per diem wages for each
craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the CONTRACTOR'S principal
place of business and at the Project site. CONTRACTOR shall defend, indemnify and
hold the AUTHORITY, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure
or alleged failure to comply with the Prevailing Wage Laws.
PDHA Agreement to Reroof Bldg 14 at 0.0. Place Page 17 of 26
CONTRACT NO. HA -
CONTRACTOR shall promptly notify the AUTHORITY, in writing, about all the
classifications of labor not listed in the prevailing wage determinations of the Director of
Industrial Relations and necessary for the performance of the work hereunder.
(20) PAYROLL RECORDS. In accordance with the requirements of California
Labor Code Section 1776, CONTRACTOR shall keep accurate payroll records which
are either on forms provided by the Division of Labor Standards Enforcement or which
contain the same information required by such forms. Responsibility for compliance
with California Labor Code Section 1776 shall rest solely with CONTRACTOR, and
CONTRACTOR shall make all such records available for inspection at all reasonable
hours.
(21) CONTRACTOR'S LABOR CERTIFICATIQN, By its signature hereunder,
CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the
California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing
the performance of the Work. A certification form for this purpose, which is attached to
this Agreement as Exhibit "C" and incorporated herein by reference, shall be executed
simultaneously with this Agreement.
11111l1I1I1jlll1l)IIII
(22) LABOR AND MATERIAL. S ES. CONTRACTOR shall furnish
AUTHORITY with labor and material releas from all subcontractors performing work
on, or furnishing materials for, the work governed by this Agreement prior to final
payment by AUTHORITY.
(23) INELIGIBLE CONTRACTOR. Any ineligible contractor or subcontractor
pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this
Project.
(24) EXTRA WORK ANp EMERGENCY SERVICE. CONTRACTOR may notify
AUTHORITY of the need for extra work and/or AUTHORITY may request extra work.
CONTRACTOR shall not perform extra work without AUTHORITY authorization.
Authorization shall be in writing, on a completed Extra Work form, and signed by an
authorized AUTHORITY representative before beginning extra work. The Extra Work
Form and invoicing for extra work shall include an itemized description of the labor
hours at the contract rate, materials costs, and copies of materials invoices from the
supplier(s).
CONTRACTOR shall provide twenty-four- (24) hour emergency service, with prompt
correction of mitigation of emergency damage, when notified of an occurrence. An
emergency that is causing a hazard to the public or property must be responded to
within one-half (1/2) hour. Failure to do so may result in monetary deductions from the
amount due. Response to emergency service shall be paid at the contract rate for
additional work. Work should be limited to the level required to mitigate an emergency
and further repairs shall be completed during normal working hours.
PDHA Agreement to Reroof Bldg 14 at O.Q. Place
Page 18 of 26
CONTRACT NO. HA -
Extra work will be a separate item from normal contractual duties. CONTRACTOR is
expected to complete the contractual duties as specified on the work schedule as
submitted and extra work shall not interfere with or delay these duties.
(25) REVIEW OF CONTRACT DOCUMENTS. CONTRACTOR shall carefully
study and compare the contract documents with each other and with information
available to CONTRACTOR and furnished by AUTHORITY and shall immediately notify
the AUTHORITY or its agent of errors, inconsistencies and/or omissions discovered. If
CONTRACTOR performs any activity knowing it involves a recognized error,
inconsistency or omission in the contract documents without notice to AUTHORITY,
CONTRACTOR shall assume appropriate responsibility for such performance and shall
assume responsibility for the full costs for correction.
CONTRACTOR shall make field measurements, verify field conditions and shall
carefully compare such field measurements and conditions and other information known
to CONTRACTOR with the Agreement documents before commencing activities. Errors,
inconsistencies or omissions discovered shall be reported to the AUTHORITY
immediately.
(26) 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 :he meaning of Section 4150 of the California
Government Code, only to the extent of fiNie percent (5%) of the Total Contract Price as
specified herein. In the even of damage Droximate ly caused by "Acts of God," the
AUTHORITY may terminate di s Agreement upon three (3) calendar days advanced
written notice.
(27) ENCROAPHMENT PERMIT. Before commencing work that occurs within
the public right-of-way, CONTRACTOR shall apply for and receive a permit to work
within the public right-of-way. A City inspector will be assigned to monitor compliance
with the terms and conditions of the encroachment permit, including traffic control
procedures and devices.
(28) BUSINESS TAX. The City's Business Tax Ordinance requires that a
Business License be obtained before any business or trade is conducted within the City,
and CONTRACTOR must obtain a Business License before commencing Work.
(29) LICENSE AND CERTIFICATION REQUIREMENTS. CONTRACTOR shall
possess all permits and licenses required to comply with city, county, state or federal
laws for the work activities performed, including the use of chemicals. CONTRACTOR
assumes responsibility and liability for use of all chemical controls and shall at all times
perform chemical applications in accordance with governmental regulations and
industry standards for their safe and appropriate use.
PDHA Agreement to Reroof Bldg 14 at O.O. Place Page 19 of 26
CONTRACT NO. HA-
(30) MEASUREMENT AND PAYMENT. The cost of all labor, material and
equipment necessary to complete the work, shall be included in the price of the
Agreement.
(31) PAYMENT TERMS. CONTRACTOR shall be paid monthly, in arrears, for
the work specified and performed satisfactorily under this Agreement. AUTHORITY'S
payment terms are thirty (30) days from the receipt of an original invoice, revised
reports and acceptance of materials, supplies, or services (Net 30) less five percent
(5%) retention. Upon satisfactory completion of Work, retention shall be released in
accordance with state law but not less than 30 days after any Notice of Completion is
filed. Authority shall review and pay all progress payment requests in accordance with
the provisions set forth in Section 20104.50 of the California Public Contract Code. No
progress payments will be made for Work not completed in accordance with this
Agreement.
(32) OTHER RETENTIONS. In addition to Agreement retentions, the
AUTHORITY may deduct from each progress payment an amount necessary to protect
AUTHORITY from loss because of: (1) liquidated damages which have accrued as of
the date of the application for payment; (2) any sums expended by the AUTHORITY in
performing any of CONTRACTOR'S obligations under the Agreement which
CONTRACTOR has failed to perform or has performed inadequately; (3) defective Work
not remedied; (4) stop notices as al owed by state law; (5) reasonable doubt that the
Work can be completed for the unpaid balance of the Total Contract Price or within the
scheduled completion date; (6) uipsatisfactory prosecution of the Work by
CONTRACTOR; (7) unauthorized deviations from the4greement; (8) failure of the
CONTRACTOR to maintain or submit cin a timely basis proper and sufficient
documentation as required by the Agreemen 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 bj(he AUTHORITY for which CONTRACTOR
is liable under the Agreement;, and (11) any other sums which the AUTHORITY is
entitled to recover from CONTRACTOR under the terms of the Agreement 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.
(33) 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 Agreement. 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 Agreement, 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
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 20 of 26
CONTRACT NO. HA -
AUTHORITY has issued written final acceptance of the Work and filed a Notice of
Completion as required by law and provisions of this Agreement. 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.
(34) PAYMENT TO SUBCONTRACTORS. CONTRACTOR shall pay all
subcontractors for and on account of work performed by such subcontractors in
accordance with the terms of their respective subcontracts and as provided for in
Section 10262 of the California Public Contract Code. Such payments to
subcontractors shall be based on the measurements and estimates made and progress
payments provided to CONTRACTOR pursuant to this Agreement.
(35) 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 Agreement. Such transferred title shall in each
case be good, free and clear from any and all security interests, liens, or other
encumbrances. CONTRACTORIIIIIIIpromises 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 u 'V';IVi� ainst said items. Such transfer of title
shall not imply acceptance by the A 10'' or relieve CONTRACTOR from the
responsibility to strictly comply ,i I�th �� i' ` t, and shall not relieve
CONTRACTOR of responsibility for any lc s c'f o dam to items.
(36) CONTRACT INTE PRETATION,. Should any question arise regarding the
meaning or import of any o' the provisions of this Agreement or written or oral
instructions from AUTHORITY, the matter shall be referred to AUTHORITY'S
Represe-tative, whose decision shall be binding upon CONTRACTOR.
(37) INSPECTJQJJ OF THE WORK. Inspection of the Work will be made based
on the submitted and approved work schedule. Inspections may occur with or without
prior notice to CONTRACTOR. Any deviations from the approved work schedule
without approval shall be considered a performance deficiency of the CONTRACTOR
and fees may apply. Any work done in unauthorized areas or in a manner unacceptable
to the inspector shall not be accepted or paid for by AUTHORITY.
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 Agreement. AUTHORITY shall thereupon inspect the
Work. If the Work is not acceptable to the AUTHORITY, the AUTHORITY shall indicate
to CONTRACTOR in writing the specific portions or items of Work which are
unsatisfactory or incomplete. Once CONTRACTOR determines that it has completed
the incomplete or unsatisfactory Work, CONTRACTOR may request a re -inspection by
the AUTHORITY. Once the Work is acceptable to AUTHORITY, AUTHORITY shall pay
PDHA Agreement to Reroof Bldg 14 at O.O. Place Page 21 of 26
CONTRACT NO. HA -
to CONTRACTOR the Total Contract Price remaining to be paid, less any amount which
AUTHORITY may be authorized or directed by law to retain. Payment of retention
proceeds due to CONTRACTOR shall be made in accordance with Section 7107 of the
California Public Contract Code.
(38) AUTHORITY'S Representative. The AUTHORITY hereby designates
Janet Moore, or his or her designee, to act as its representative for the performance of
this Agreement ("AUTHORITY'S Representative"). AUTHORITY'S Representative shall
have the power to act on behalf of the AUTHORITY for all purposes under this
Agreement. CONTRACTOR shall not accept direction or orders from any person other
than the AUTHORITY'S Representative or his or her designee.
(39) CONTRACTOR'S Representative. Before starting the Work,
CONTRACTOR shall submit in writing the name, qualifications and experience of its
proposed representative who shall be subject to the review and approval of the
AUTHORITY ("CONTRACTOR'S Representative"). Following approval by the
AUTHORITY, the CONTRACTOR'S Representative shall have full authority to
represent and act on behalf of the CONTRACTOR for all purposes under this
Agreement. The CONTRACTOR'S Representative shall supervise and direct the Work,
using his best skill and attention, and shall be responsible for all construction means,
methods, techniques, sequences and procedures and for the satisfactory coordination
of all portions of the Work under this A reement. CONTRACTOR'S Representative
shall devote full time to the Projeeiy rd either he or his designee, who shall be
acceptable to the AUTHORITY, shall present at the Work site at all times that any
Work is in progress and at any time that any etabloyee or subcontractor of
CONTRACTOR is presont at the Work site. Arrangements for responsible supervision,
acceptable to the AUTHORITY, shall be made for emergency Work which may be
required. Should CONTRACTOR desire to change its CONTRACTOR'S
Representative, CONTRACTOR shall provide the information specified above and
obtain the AUTHORITY'S wrtfien approval.
(40) CONTRACT ASSIGNMENT. CONTRACTOR shall not assign, transfer,
convey or otherwise dispose of the Agreement, or its right, title or interest, or its power
to execute such an Agreement to any individual or business entity or any kind without
the previous written consent of the Palm Desert Housing Authority.
(41) CONTROLLING EMPLOYER. The CONTRACTOR shall acknowledge that
for the purposes of maintaining compliance with all California OSHA regulations and
Standards they are the "controlling employer" for all the contracted work sites.
(42) CLAIMS: DISPUTE RESOLUTION.
a) Claims of $375.000 or Less. Notwithstanding any other provision herein,
claims of $375,000 or less shall be resolved pursuant to the alternative dispute
resolution procedures set forth in California Public Contract Code sections 20104, et
seq.
PDHA Agreement to Reroof Bldg 14 at 0.0. Place Page 22 of 26
CONTRACT NO. HA-
b) Government Claims Act. In addition to any and all contract requirements
pertaining to claims, CONTRACTOR must comply with the claim procedures set forth in
Government Code section 900 et seq. prior to filing any lawsuit against the
AUTHORITY. Such Government Code claims and any subsequent lawsuit based upon
the Government Code claims shall be limited to those matters that remain unresolved
after all procedures pertaining to claims have been followed by CONTRACTOR. If no
such Government Code claim is submitted, or if the prerequisite contractual
requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be
barred from bringing and maintaining a valid lawsuit against the AUTHORITY.
(43) PROHIBITED INTERESTS..
a) Solicitation. CONTRACTOR maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee
working solely for CONTRACTOR, to solicit or secure this Agreement. Further,
CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or
person, other than a bona fide employee working solely for CONTRACTOR, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting from the award or makin f this Agreement. For breach or violation of this
warranty, AUTHORITY shall have t�lterminate this Agreement without liability.
b) Conflict of Interest. In additicn, i U`L in TY agrees to file, or to cause its
employees or subcontractors to file, a Stateme, $ nomic Interest with the City's
Filing Officer as required under state law in the p.yformahce of the Work.
(44) COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by this reference, shall constitute the complete
agreement between the partes hereto. No oral agreement, understanding, or
representation not reduced to writing and specifically incorporated herein shall be of any
force or effect, nor shall any such oral agreement, understanding, or representation be
binding upon the parties hereto.
Ii111 �p
(45) ,ANTI-DISCR)MINATI N. In the performance of the terms of this
Agreement, " CONTRACTOR agrees that it will not engage in, nor permit such sub-
contractors as it may employ, to engage in discrimination in employment of any person
because of the age, race, color, sex, national origin or ancestry, or religion of such
persons. Violation of this provision may result in the imposition of penalties referred to in
Labor Code Section 1735.
1111111,
(46) AUDIT. AUTHORITY shall have the option of inspecting and/or auditing all
records and other written material used by CONTRACTOR in preparing its statements
to AUTHORITY as a condition precedent to any payment to CONTRACTOR.
(47) LITIGATION COSTS. In the event an action is filed by either party to
enforce any rights or obligations under this Agreement, the prevailing party shall be
PDHA Agreement to Reroof Bldg 14 at O.O. Place
Page 23 of 26
CONTRACT NO. HA -
entitled to recover reasonable attorney's fees and court costs, in addition to any other
relief granted by the court.
(48) GOVERNING LAW. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
(49) COUNTERPARTS. This Agreement may be executed in counterparts,
each of which shall constitute an original.
(50) SUCCESSORS. The Parties do for themselves, their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the
provisions contained in this Agreement.
(51) CERTIFICATION OF LICENSE. CONTRACTOR certifies that as of the
date of execution of this Agreement, CONTRACTOR has a current California
contractor's license appropriate for the Work to be performed.
(52) 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 &ructural 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 II e'Mlense Board, P.O. Box 26000,
Sacramento, California 95826.
(53) WAIVER. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rghts by custom, estoppel, or otherwise.
(54) CONSTRUCTION; REFERENCES: CAPTIONS. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to CONTRACTOR include
all personnel, employees, agents, and subcontractors of CONTRACTOR, except as
otherwise specified in this Agreement. All references to AUTHORITY include its elected
officials, officers, employees, agents, and volunteers except as otherwise specified in
this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe
the scope, content, or intent of this Agreement.
(55) SEVERABILITY. If any term, provision or condition of this agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
PDHA Agreement to Reroof Bldg 14 at O.Q. Place Page 24 of 26
CONTRACT NO. HA-
(56) NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail, return receipt requested,
addressed as follows:
If to AUTHORITY: If to CONTRACTOR:
PALM DESERT HOUSING AUTHORITY
Director of Housing
73-510 Fred Waring Drive
Palm Desert, CA 92260
The Home Depot U.S.A., Inc.
13250 Gregg Street, Suie A-2
Poway, CA 92064
Any notice so given shall be considered received by the other arty three (3) days after
deposit in the U.S. Mail as stated above and addressed to the Party at the above
address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
Both AUTHORITY and CONTRACTOR do warrant that each individual executing this
Agreement on behalf of each party . person duly authorized.
IN WITNESS WHEREOF, the pa 1 s hereto have caused this instrument to be
executed the day and year first hereinabove writn.l!p!!ul,
PALM DESERT HOUSING AUTHORITY
A Public Agency
SUSAN MARIE WEBEF . CHAIRMAN
ATTEST:
RACHELLE LL KLASSEN, SECRETARY
THE HOME DEPOT U.S.A., INC
CONTRACTOR
PDHA Agreement to Reroof Bldg 14 at 0.0. Place Page 25 of 26
CONTRACT NO. HA -
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document
State of California
) County of
On , 2015 before me, , a Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and coffee-L..
WITNESS my hand and official seal.!
Signature
Se
PDHA Agreement to Reroof Bldg 14 at O.O. Place Page 26 of 26
EXHIBIT A
GENERAL SPECIFICATIONS
LOCATION OF SITES FOR WORK
One Quail Place Aparments
73-600 Fred Waring, Building 14
Palm Desert, CA 92260
SERVICES TO BE PERFORIVID
The summary of renovations, services and methods the CONTRACTOR must perform,
include the following (final approval is required in writing prior to commencement of work):
1. Provide all labor, equipment and materials to install a new roof system over the
properly prepared substrate.
2. Contractor will be responsible for all drains to be in working condition once roof is
complete. If applicable, all drams missing strainers or plastic strainers are to be
replaced with metal strainers by Contractor.
3. Contractor will be responsible for da-nage to any air conditioning units.
4. Remove existing roof material and any/all dot,,,,and dispose of properly.
5. Contractor will use proper n lethods of containment while removing the existing roof
system such as bagging or using a chute delivery system into a dumpster where
appropriate to control dust a Id debris.
6. Before reroofing begins the Palm Desert Housing Authority ("Auhtority") will inspect
decking, drains, drain lines, electrical, cables, etc for damage. Contractor will
repair/replace all areas of damaged substrate and/or other damage caused during
tear out process prior to installing new roof system.
7. All scheduled work on the roof and surrounding areas will be left clean and free of
debris at the end of each working day.
8. Contractor is solely responsible to ensure that positive drainage is accomplished
throughout the entire roofing area. Ponding water will not be allowed.
9. Follow all procedures per the manufacturer's specification for counter flashings,
copings, drains, and all other related roof top equipment.
10. All Roofing Products must meet the mandatory requirements of 2013 California'
Building Energy Efficiency Standards effective July 1, 2014, including "Cool Roof."
11. Absolutely no asbestos will be allowed in any products or form on this job.
Exhibit A Page 1 of 2
12. Replace all damaged or missing surface mounted counter flashing around all
parapet walls, vents, equipment curbs, joints, drains, gravel stops, etc. All parapet
walls are required to have surface mounted counter flashing.
The work to be done under this contract requires the inclusion and completion of all work in
accordance with the following:
1. Manufactures instructions, specifications and diagrams for the installation.
2. Contractor must comply with 2013 California' Building rgy Efficiency Standards
effective July 1, 2014.
3. Applicable building, mechanical and electrical co
4. Install roof system per ASCE 7-5, calculate: must be bill .rn" and geographic
specific.
5. Contractor must comply with IBC effective January 1, 2014. (Section 1.13, Uniform
wind uplifts).
6. Contractor must submit Approved Applicator Letter.
7. Contractor to supply 10 year material and lapor warranty. Manufacturer to supply 20
Year No Dollar Limit leak Warranty.
8. At the conclusion of roofing, the assamt ly will comply with manufacturer's details or
current Volume of the NRCA for approved low slope roofing details.
Exhibit A Page 2 of 2
EXHIBIT B
CONTRACTOR'S PROPOSALS
I
Exhibit B
EXHIBIT C
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et
seq., of the California Labor Code which require every employer to be insured against
liability for Worker's Compensation or to undertake self-insurance in accordance with
the provisions of the Code, and I, the undersigned Contractor, agree to and will comply
with such provisions before commencing the performance of the Work on this Contract.
THE HOME DEPOT U.S.A, INC.
ontractor/ Principal
By
Exhibit C
EXHIBIT D
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:
(the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in
the Contract for the Project dated ("Contract"), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any
materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the urety on this bond will pay for
the same to the extent hereinafter set forth. ,fi"°iliiillljjlii
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 America, for the payment
of which sum well and truly to be made we bind ourselves, our heirs, executors,
administrators, successors and assigns, joiriUUy and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay
any of the persons named in Section 9100 of the Civil Code, fail to pay for any
materials, provisions or other supplies, used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind, or amounts
due under the Unemployment Insurance Code with respect to work or labor performed
under the contract, or for any amounts required to be deducted, withheld, and paid over
to the Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated
or released from the obligation of this bond by any change, extension of time for
Exhibit D Page 1 of 3
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
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 constr post strongly against
,i3�i �
the Surety and in favor of all persons for whose benefit su nii is given, and under
no circumstances shall Surety be released from liability t•, _ for whose benefit such
bond has been given, by reason of any breach of etween the owner or
Authority and original contractor or on the part of any!! ed in such bond, but
the sole conditions of recovery shall be that cla m per scribed in Section
9100 of the Civil Code, and has not been pai ';full amounti i claim and that
Surety does hereby waive notice of any su "i .nge, extensi ime, addition,
alteration or modification herein mentioned . , a provisions of sections 2819 and
2845 of the California Civil Code. 'E`�� `'i�ii�i``�`���n
IN WITNESS WHEREOF, we have hereunto se
of , 20 i
i1i
(Corporate Seal)
Title
Surety
By
Title
s and seals this
ipal
Attorney -in -Fact
day
Signatures of th • "''. <:: ;" "" g for the Contractor and Surety must be notified and evidence
of corporate author ttached. A Power -of -Attorney authorizing the person signing on
behalf of the Surety to do so much be attached hereto.
Exhibit D Page 2 of 3
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document
State of California
County of
On before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in.
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand at?
rP
NOTE: A copy of ''the P
company must be attached he
Exhibit 0 Page 3 of 3
-Attorney to local representatives of the bonding
EXHIBIT E
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as
"Authority") has awarded to , (hereinafter referred to as the
"Contractor") an agreement for
(hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract for the Project dated , (hereinafter referred to as
"Contract"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, we,
organized and duly authorized to''
California, are held and firmly l but l
DOLLARS,
Tess than one hundred percent (100%) of thQ,
amount well and truly to be made, we b n
administrators, successors and assigns, jointly/ and severally, firmly by these presents.
siness
the
ourse
undersigned Contractor and
as Surety, a corporation
,f the laws of the State of
ithority in the sum of
), said sum being not
nt of the Contract, for which
s, our heirs, executors and
THE CONDITION OF THIS DBUGATION IS SUCH, that, if the Contractor, his or its
heirs, executors, administrators, successorsdor'assigns, shall in all things stand to and
abide by, and well and lraly keep arndill perform the covenants, conditions and
agreements in the Contract 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,
then this obligation shall become null and void; otherwise it shall be and remain in full
force and effect.
As a condition precedent to the satisfactory completion of the Contract, unless
otherwise provided for in the Contract, the above obligation shall hold good for a period
of one (1) year after the acceptance of the work by Authority, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements
and totally protect the Authority from Toss or damage resulting from or caused by
defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all
such obligations. The obligations of Surety hereunder shall continue so long as any
obligation of Contractor remains. Nothing herein shall limit the Authority's rights or the
Exhibit E Page 1 of 4
Contractor or Surety's obligations under the Contract, law or equity, including, but not
limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the Authority to be, in default under
the Contract, the Surety shall remedy the default pursuant to the Contract, 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; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract 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,
Tess the balance of the contract price, including other costs and damages
for which Surety may be liable. The term "balance of the contract price"
as used in this paragraph shall mean the total amount payable to
Contractor by the Authority under the Contract and any modification
thereto, less any amount previously paid by the Authority to the Contractor
and any other set offs pursu, int to the Contract.
Permit the Authority to complete the Project in any manner consistent with
local, California and federal law and make available as work progresses
sufficient fut ld8 to pay the cost o. completion of the Project, less the
balance of the contract price, includ ng otji'I'�Icosts 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 Cqp ,tact [q.and any modification thereto, less any
amount previously paid by the Authority to the Contractor and any other
set offs pursuant o the Contract.
(3)
Surety expressly agrees that 'I uthority may reject any contractor or subcontractor
which may be proposed by Sur }i" 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 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 or to the Project, including but not limited to the provisions of
sections 2819 and 2845 of the California Civil Code.
Exhibit E Page 2 of 4
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 20).
(Corporate Seal)
(Corporate Seal)
Contractor/ Principal
By
Title
Signatures of those signing for the Contracto
evidence of corporate authority att
The rate of premium
premium charges,
(The above must
THIS IS
Any c
(Na
(Name and Add ' Agent or
Representative for , ce of
process in California, if different
from above)
rety must be notarized and
(Attach ;'j ey-in-Fact Certificate)
be addressed to:
(Telephone number of Surety and
Agent or Representative for service
of process in California)
ousand. The total amount of
Exhibit E Page 3 of 4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document
State of California
County of
On before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in.
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJU
paragraph is true and correct.
WITNESS my hand and official seal.
it
Signature
4111
ii
Y under the laws of the State of Califomia that the foregoing
11
(Seal)
NOTE: A copy of the Power -of- ey authorizing the person signing on behalf of the
Surety to do so must be attached hereto.
Exhibit E Page 4 of 4