HomeMy WebLinkAbout2009-001 Alvord Field Snack Bar & Restroom - Pokrajac Cr l'C;ATASC D� O I
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CITY OF ATASCADERO
1918 1979 -(
CONTRACT FOR
NICK E POKRAJAC, INC
for
ALVORD FIELD SNACK BAR AND RESTROOM
PROJECT
RECEIVED
rev 5/1/06 1
1JAN 2 9 2009
7921193
SNICK E POKRAJAC INC
1979
CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
NICK E. POKRAJAC, INC
THIS CONTRACT is made and entered into between City of Atascadero ("City") and
Nick E Pokrajac, Inc. ("Contractor") City and Contractor agree as follows
1 SCOPE AND STANDARDS
A. CONTRACT Contractor shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City This Contract and its exhibits shall be known
as the "Contract Documents " Terms set forth in any Contract Document shall be deemed to
be incorporated in all Contract Documents as if set forth in full therein
2 EMPLOYMENT STATUS OF PERSONNEL
A. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONTRACTOR Contractor
enters into this Contract as, and shall at all times remain as to the City, an independent
contractor and not as an employee of the City Nothing in this Contract shall be construed to
be inconsistent with this relationship or status Any persons employed by Contractor for the
performance of services pursuant to this Contract shall remain employees of Contractor, shall
at all times be under the direction and control of Contractor, and shall not be considered
employees of City All persons employed by Contractor to perform services pursuant to this
Contract shall be entitled solely to the right and privileges afforded to Contractor employees
and shall not be entitled, as a result of providing services hereunder, to any additional rights or
privileges that may be afforded to City employees
rev 5/1/06 2
792119.3
B INDEPENDENT INVESTIGATION The Contractor agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research
C COMPLIANCE WITH EMPLOYMENT LAWS The Contractor shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D UNLAWFUL DISCRIMINATION PROHIBITED Contractor shall not engage in
unlawful employment discrimination Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation
3 TIME OF PERFORMANCE
The services of Contractor are to commence upon execution of this Contract by City, and shall
be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work
referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate
no later than October 1, 2009, unless extended by the mutual agreement of both parties
4 COMPENSATION
A. TERMS Compensation to the Contractor shall be as set forth in Exhibit B attached
hereto and made a part hereof
B NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING Contractor shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the Executive Director of the City or
designee (hereinafter "Executive Director" shall include the Executive Director's designee)
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City and Contractor at the time City's express written authorization signed by
the Executive Director is given to Contractor for the performance of said services
rev 5/1/06 3
792119.3
5 SUPERVISON, LABOR AGREEMENTS AND PERSONNEL
A. CONTRACTOR SUPERVISES PERSONNEL The Contractor shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel The City may use any reasonable
means to monitor performance and the Contractor shall comply with the Executive Director's
request to monitor performance
B PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS The City
acknowledges that the Contractor may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Contractor is legally obligated to comply
with these Contracts It is expressly the intent of the parties and it is agreed by the parties that
the Contractor's performance shall not in any manner be subject to any bargaining
agreement(s) or any other agreement(s) the Contractor may have covering and/or with is
employees
6 TERMINATION
A. 30 DAYS NOTICE The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time In the event of such termination, Contractor shall be
compensated for non-disputed fees under the terms of this Contract up to the date of
termination
B OBLIGATIONS SURVIVE TERMINATION Notwithstanding any termination of this
Contract, Contractor shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Contractor, and the City may withhold any
payments due to Contractor until such time as the exact amount of damages, if any, due the
City from Contractor is determined All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination
7 CHANGES
The City or Contractor may, from time to time request changes in the scope of the services of
Contractor to be performed hereunder Such changes, including any increase or decrease in the
amount of Contractor's compensation and/or changes in the schedule must be authorized in advance
by both Parties in writing Mutually agreed changes shall be incorporated in written amendments to this
Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or
Exhibit B must be authorized in advance by the Executive Director
rev 5/1/06 4
792119.3
8 PROPERTY OF CITY
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY It is mutually agreed
that all materials prepared by the Contractor under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Contractor shall have no property right
therein whatsoever City agrees that Contractor shall bear no responsibility for any reuse of the
materials prepared by the Contractor if used for purposes other than those expressly set forth
in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Contractor to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may
be provided by court order Contractor will be allowed to retain copies of all deliverables
B CONTRACTOR TO DELIVER CITY PROPERTY Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Contractor
in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the
City
9 CONFLICTS OF INTEREST
A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has
or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor's performance of services under
this Contract. Contractor further covenants that in the performance of this Contract, Contractor
shall take reasonable care to ensure that no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the Executive Director Contractor agrees to at all times avoid conflicts of interest
or the appearance of any conflicts of interest with the interests of City in the performance of
this Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein
10 CONFIDENTIAL INFORMATION
A. ALL INFORMATION KEPT IN CONFIDENCE All materials prepared or assembled
by Contractor pursuant to performance of this Contract are confidential and Contractor agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order
B REIMBURSEMENT FOR UNAUTHORIZED RELEASE If Contractor or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non-releasing
party's attorney's fees and disbursements, including without limitation expert's fees and
disbursements
rev 5/1/06 5
792119.3
C COOPERATION City and Contractor shall promptly notify the other party should
Contractor or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City City and Contractor each retains the right, but has no
obligation, to represent the other party and/or be present at any deposition, hearing or similar
proceeding Contractor and City agree to cooperate fully with the other party and to provide the
other party with the opportunity to review any response to discovery requests provided by
Contractor or City However, City and Contractor's right to review any such response does not
imply or mean the right by the other party to control, direct, or rewrite said response
11 PROVISION OF LABOR, EQUIPMENT AND SUPPLIES
A. CONTRACTOR PROPERTY Contractor shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Contractor in providing these services are the property of Contractor and shall
remain the property of Contractor upon termination of this Contract.
B SPECIAL SUPPLIES City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo All such
items shall be approved by the Executive Director and shall be provided at City's sole cost and
expense
12 COMPLIANCE WITH LAW
A. COMPLIANCE REQUIRED Contractor shall keep itself informed of applicable local,
state, and federal laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Contract. Contractor shall observe and
comply with all applicable laws, ordinances, regulations and codes of federal, state and local
governments, and shall commit no trespass on any public or private property in performing any
of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's
license if performing any function or activity for which a license is required pursuant to Chapter
9 (commencing with section 7000) of Division 3 of the California Business and Professions
Code, and Contractor shall provide a copy of the license(s) upon the request of the City The
City, its officials, officers, elected officials, appointed officials and employees shall not be liable
at law or in equity as a result of any failure of contractor to comply with this section
B PREVAILING WAGES Be advised, the project is subject to the payment of
Prevailing Wages The Contractor shall pay all penalties and wages as required by applicable
law
rev 5/1/06 6
792119.3
13 SUBCONTRACTING
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the Executive Director Contractor shall be as fully responsible to the City
for the negligent acts and omissions of its contractors and subcontractors, and of persons
either directly or indirectly employed by them, as it is for the negligent acts and omissions of
persons directly employed by Contractor
14 ASSIGNABILITY
Contractor shall not assign or transfer any interest in this Contract whether by
assignment or notation However, claims for money due or to become due Contractor from the
City under this Contract may be assigned to a financial institution, but only with prior written
consent of the Executive Director Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
15 LIABILITY OF CONTRACTOR
Contractor shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Contractor's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Contractor or its employees, agents, contractors or subcontractors
16 INDEMNIFICATION
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY When the law establishes a
professional standard of care for Contractor's Services, to the fullest extent permitted by law,
Contractor shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part by any negligence, or wrongful act, error or omission of
Contractor, willful misconduct, or recklessness of its officers, agents, employees or
subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in
the performance of professional services under this agreement
B INDEMNIFICTION FOR OTHER THAN PROFESSIONAL LIABILITY Other than in
the performance of professional services and to the full extent permitted by law, Contractor
shall indemnify, defend and hold harmless City, and any and all of its employees, officials and
agents from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including attorneys fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of this
Agreement by Contractor or by any individual or entity for which contractor is legally liable,
including but not limited to officers, agents, employees or subcontractors of Contractor
rev 5/1/06 7
792119.3
C GENERAL INDEMNIFICATION PROVISIONS Contractor agrees to obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subcontractor or any other person or entity involved by, for, with or on
behalf of Contractor in the performance of this agreement. In the event contractor fails to
obtain such indemnity obligations from others as required here, Contractor agrees to be fully
responsible according to the terms of this section Failure of City to monitor compliance with
these requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder This obligation to indemnify and defend City as set forth here
is binding on the successor, assigns or heirs of Contractor and shall survive the termination of
this agreement or this section
17 INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit E attached to and part of this agreement.
18 RECORDS
Contractor shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services All such
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time Contractor shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19 MISCELLANEOUS PROVISIONS
A. ASSIGNMENT OR SUBSTITUTION City has a NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination
B UNAUTHORIZED ALIENS Contractor hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U S C.A. & 1101 et seq ),
as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein Should Contractor so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith
rev 5/1/06 8
792119.3
C GOVERNING LAW The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived
D ASSIGNMENT OR SUBSTITUTION City has an interest in the qualifications of and
capability of the persons and entities that will fulfill the duties and obligations imposed upon
Contractor by this Contract. In recognition of that interest, neither any complete nor partial
assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted,
or added to without the prior written consent of City which consent shall not be unreasonably
withheld Any attempted assignment or substitution shall be ineffective, null, and void, and
constitute a material breach of this Contract entitling City to any and all remedies at law or in
equity, including summary termination of this Contract. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among
the parties and documentation of any kind without limitation
F AMENDMENTS This Contract may be modified or amended, or any of its
provisions waived, only by a subsequent written agreement executed by each of the parties
The parties agree that this requirement for written modifications cannot be waived and any
attempted waiver shall be void
G CONSTRUCTION AND INTERPRETATION Contractor and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity to revise the provisions of this Contract and
to have such provisions reviewed by legal counsel Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party The titles of the
various sections are merely informational and shall not be construed as a substantive portion
of this Contract.
H. WAIVER The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier
with respect to any subsequent default or other matter
I. SEVERABILITY The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable
rev 5/1/06 9
792119.3
J NOTICES All invoices, payments, notices, demands, requests, comments, or
approvals that are required to be given by one party to the other under this Contract shall be
in writing and shall be deemed to have been given if delivered personally or enclosed in a
properly addressed envelope and deposited in a United States Post Office for delivery by
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U S Mail) at the following addresses
City- City of Atascadero
Department of Public Works
6907 EI Camino Real
Atascadero, CA 93422
Contractor- Nick E. Pokrajack, Inc.
P O Box 539
Templeton CA 93465
Each party may change the address at which it gives notice by giving ten (10) days advance
written notice to the other party
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor
warrant and represent that they have the authority to execute this Contract on behalf of their Company
and further warrant and represent that they have the authority to bind Contractor to the performance of
its obligations hereunder
AGREED to this day of �R hU PO , 2009 by the parties as follows,
Approved as to form NICK E. POKRAJAC, INC.
By-
Counsel for contractor Nick E. Pokrajac, Preside
Approved as to form. CITY OF ATASCADERO
By, By
Brian Pierik, City Attorney Wade McKinney, City Manager
rev 5/1/06 10
792119.3
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and I have complied or will comply with such provisions before commencing the
performance of the work of this contract. (Cal Labor C §§1860, 1861 )
CONTRACTOR
Ni c E. Pokrajac, Presided
rev 5/1/06 11
7921193
Contractor Acknowledgement of Labor Code Requirements
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of
labor constitutes a legal day's work Contractor will forfeit as a penalty to City the sum of $25 00 for
each worker employed in the execution of this Contract by Contractor or any subcontractor for each
calendar day during which such worker is required or permitted to work more than 8 hours in any one
calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code
section 1810 (Labor Code § 1813 )
Copies of the determination of the Director of the Department of Industrial Relations of the prevailing
rate of per diem wages for each craft, classification or type of worker needed to execute this Contract
will be on file in, and available at, the office of the Director at 6907 El Camino Real, Atascadero, CA.
Wage determinations are also available online at www.dir.ca.gov/DLSR/PWD/Southern.htmi
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the
duration of the Contract, a copy of the determination by the Director of the Department of Industrial
Relations of the specified prevailing rate of per diem wages (Labor Code § 1773.2.)
Contractor and any subcontractor engaged by Contractor, shall pay not less than the specified
prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code
§ 1774 ) Contractor is responsible for compliance with Labor Code section 1776 relative to the
retention and inspection of payroll records
Contractor shall comply with all provisions of Labor Code section 1775 Under Section 1775,
Contractor may forfeit as a penalty to City up to $50 00 for each worker employed in the execution of
the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the
worker is paid less than the prevailing rates Contractor may also be liable to pay the difference
between the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered
apprentices in the execution of the Contract. Contractor is responsible for compliance with Labor Code
section 1777 5 for all apprenticeable occupations This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour
of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is
granted under § 1777 5), must contribute to the fund or funds in each craft or trade or a like amount to
the California Apprenticeship Council, and that contractors and subcontractors must not discriminate
among otherwise qualified employees as apprentices solely on the ground of sex, race, religion creed,
national origin, ancestry or color Only apprentices defined in Labor Code sections 3077, who are in
training under apprenticeship standards and who have written apprentice contracts may be employed
on public works in apprenticeable occupations
CONTRACTOR
Nic E. Pokrajac, President
rev 5/1/06 12
792119.3
EXHIBIT A
Scope of Work
Complete the construction of the Alvord Field Snack Bar and Restroom including interior
finishes as described in Add Alternates#1, #2, #3 and #6 All work performed shall comply i
engineering plans and specifications instructions, per bid package dated December 2008.
Contractor to provide all labor and material to complete shell construction framing, exterior
finishes, (siding in place of cultured stone all locations) windows, exterior doors, exterior
counters, rough and finish exterior electrical and plumbing and roofing Contractor shall provide
all labor and material to complete restrooms including interior finishes, finish plumbing and
electric, wall and floor finishes per plans and specifications
ADD ALTERNATE #1
Contractor to provide all labor and material to install Culture Stone Veneer River Rock or
Stream Stone to match existing park facilities, including all flashing and mortar beds per plans
and specifications
ADD ALTERNATE #2
Contractor to provide all interior finishes, all rough and finish electrical, plumbing, mechanical
including fixture top out.
ADD ALTERNATE #3
Contractor to provide all sheet rock, tape and texture and paint finishes, door frames, doors and
additional wall finishes as called for in plans and specifications
ADD ALTERNATE #6
Contractor to provide all labor and material to install site accessibility requirements See sheets
T2, AO and Al
rev 5/1/06 A
792119.3
EXHIBIT B
Compensation and Method of Payment
Services will be provided as described in the specifications not to exceed the total bid price of
$146,694 00 for the items awarded Any additional services authorized by the City of
Atascadero, not included in the scope of services must be approved by a City of Atascadero
Change Order prior to performing any additional work.
Payment for work performed will be issued within 30 days of receipt and approval of invoices
No invoice will be approved without receipt and approval of certified payroll records
Final Payment
A 10% retention will be held for thirty-five days after the Notice of Completion is filed with the
County of San Luis Obispo The retention will be released upon the City of Atascadero's final
approval and the satisfactory completion of the project.
Contractor agrees that the payment of the final amount due under the Contract is contingent
upon Contractor furnishing a release of all claims against the City arising by virtue of this
contract. Disputed contract claims in stated amounts may be specifically excluded by
Contractor from the operation of the release
Item No.1 Base Bid $92,61500
Add Alternate No 1 12,344 00
Add Alternate No 2 11,468 00
Add Alternate No. 3 10,141 00
Add Alternate No. 6 20,126.00
TOTAL CONTRACT AMOUNT $146,69400
rev 5/1/06 B
792119.3
EXHIBIT C
Items Provided by City
The City of Atascadero will provide the plans and specifications needed for the construction of
the Alvord Field Snack Bar and Restroom project. Site grading, foundation, rough plumbing
(under slab) and landscaping are not included in this contract and will be provided through the
Atascadero Babe Ruth Association
rev 5/1/06 C
792119.3
EXHIBIT D
Location Schedule
The Alvord Field Snack Bar and Restroom project is located in the Alvord Field Baseball
Complex at the corner of State Highway 41 (Morro Road) and Portola Road in Atascadero, CA.
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An
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Alvord Field Baseball Complex
State Highway 41 (Morro Road) and Portola Road —Atascadero, CA
rev 5/1/06 D
792119.3
EXHIBIT E
Insurance Requirements
INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may anse from or in connection with the
performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors
Minimum Scope of Insurance
Coverage shall be at least as broad as
I Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001)
2 Insurance Services Office Form Number CA 0001 covering Automobile Liability, code
1 (any auto)
3 Workers' Compensation insurance as required by the State of California and
Employer's Liability insurance (for lessees with employees)
Minimum Limits of Insurance
Lessee shall maintain limits no less than.
1 General Liability- $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2 Automobile Liability $1,000,000 per accident for bodily injury and property
damage.
3 Employer's Liability $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City At the
option of the City, either- the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers, or the Lessee
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
rev 5/1/06 E-1
792119.3
Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the
following provisions
1 The City, its officers, officials, employees and volunteers are to be covered as insureds
with respect to liability ansmg out of automobiles owned, leased, hired or borrowed on
behalf of the contractor; and with respect toliability ansmg out of work or operations
performed by on on behalf of the Contractor including materials, parts or equipment
furnished in connection with such work or operations General liability coverage can
be provided in the form of an endorsement to the Contractor's insurance or as a separate
owner's policy(CG 20 10 11 85)
2 For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
3 Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to the City
4 Coverage shall not extend to any mdemimty coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms provided by
the City or on other than the City's forms, provided those endorsements or policies conform to
the requirements. All certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by these
specifications at any time
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor All coverages for subcontractors shall be
subject to all of the requirements stated herein.
rev 5/1/06 E-2
7921193
WORKER'S COMPENSATION INSURANCE CERTIFICATE
Prior to execution of the Contract Agreement, Contractor shall execute the
following form as required by Sections 1860 and 1861 of the California Labor Code
I am aware of the provisions of Section 3700 of the 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 said Code, and I will comply with such provisions before
commencing the performance of the work of this Contract
NICK E POKRAJAC INC
(name of firm)
f,
- � -
1/29/09
(signature) (date)
President
(title)
Attest:
��_Z_�-,." 1/29/09
0
(signature) (date)
Secretary/Treasurer
(title)
WORKER'S COMPENSATION
INSURANCE CERTIFICATE
PAGE 1 OF 1
FAITHFUL PERFORMANCE BOND
Bond It CF 0658
Premium $2,112.00
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Atascadero, State of California, by
Resolution adopted on January 27, 2009 , has awarded to
Nick E. pokrajac Inc. hereinafter
designated as the "Principal", a contract for construction of the
ALVORD FIELD SNACK BAR & RESTROOMS PROJECT
CITY BID NO 2009-001
Sept 2008
in strict conformity with the plans and specifications dated MONTH & YEAR, now on file
in the office of the Director of Public Works of the City of Atascadero, and WHEREAS,
said Principal is required under the terms of said Contract to furnish a bond for the
faithful performance of said Contract;
NOW, THEREFORE, WE Nick E. Pokrajac Inc. as
Principal, hereinafter designated as the "Contractor" and Contractors Bonding and
Insurance Company as Surety, are held and firmly bound unto
the City of Atascadero, in the sum of One hundred forty-six thousand six hundred
ninety-four and no/100 Dollars ($ 146,694.00 ),
said sum being one hundred percent of the estimated amount payable by the said City
of Atascadero under the terms of the Contract, for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or
assigns,jointly and severally, firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants
conditions and agreements in the said Contract and any alteration thereof made as
therein provided on his or their part, to be kept and performed at the time and in the
manner therein meaning and shall indemnify and save harmless the City of Atascadero,
its officers and agents, as therein stipulated, then this obligation shall become null and
void, otherwise it shall remain in full force and effect.
And the said 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
work to be performed thereunder or the Plans and Special Provisions accompanying the
same shall in any way affect its obligations on this bond, and it does hereby waive
notice of any change, extension of time, alteration or addition to the terms of the
Contract or to the work or to said Plans and Special Provisions
IN WITNESS WHEREOF, this instrument has been duly executed by Contractor
and Surety above named, on the 29th day of January , 20 09
Address of Contractor / ,�
Nick E Pokrajac Inc
BZ Y � ! L� / � seal)
P O. Box 539
Templeton, CA 93465 Nick E Pokrajac (seal)
President
Address of Surety*
Contractors Bonding and Insurance Company By. 'V � (seal)
111 Pacifica No 350
Irvine, CA 92618 Linda D Coats
Attorney in Fact (seal)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On ..JAN 2 9 2C'0before me, Adelaide C. Hunter, Notary Public
(Here hum name and tide of time officer)
personally appeared T-i da D. Coats
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) isAw4o subscribed to
the within instrument and acknowledged to me that4Wshe/*xr. executed the same in•his�her/gteir-authorized
capacity(ies), and that byhis/her/gwitsignature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal. ADELAIDE .HUNTER
Commission# 1808793
m Notary Public-California
Orange County
Signature of Notary Public °°'�See[) My Comm.Expires Aug8,2012
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any adnowlsdgment completed in California must contain verbiage exactly os
DESCRIPTION OF THE ATTACHED DOCUMENT appears abort in the notmy section or a separate acknowledgment form must be
property completed and anadwd to that doermsnt. 774 only escepdon is,(f a
• doaanent is to be recorded osteitic of California.In sreh brstances,any alternartw
(Tide or description of attached document)
acknowledgmentverblagt as may be printed on such a docsanea m long as the
verblgp dots not req&**the notary to do sonwthhrg shot is Illegal for a notary in
Cal{lornk(i.e. "noft tit arahodred cgwddty of the sow). Please cheat the
(Tide or description of attached document continued) docionent owVWl'for proper notarial wording and attach this form tfrequired
Number of Pages Document Date ' State and County information must be the State and County wbere the document
a$ signer(s)personally appeared before the notary public for acknowledgment.
• Dare of notarization must be the date that the signa(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The nary public must print his or her name as it appears within his or her
commission followed by a conm a and then your tide(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
S )Wsb***yr is/an)or circling the correct forms.Failure to correctly indicate this
[I Individual( ) information may ked to rejection of document recording.
❑ Corporate Officer • The notary seal impression trust be clear and photographically reproducible.
impression must not cover teid or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact O Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other 4 Indicate tide or type of attached document number of pages and date.
O Indicate da capacity claimed by the signer.If die claimed capacity is a
corpora*officer,indicate the tide(i.e.CFA,CFO,Secretary).
• Securely attach Chia document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaiyClasm.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On February 2, 2009 before me, Patricia G. I1ouc�las Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Nick E. Pokra-j ac Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons}whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
��
he/sheAhey executed the same in his'"^ authorized
IAIITRICIA G.DOUGLAS capacity(ies) and that by his/f eir signature(s) on the
WA♦IM161 instrument the person(s) or the entity upon behalf of
""Y PW*"CaMlonve which the personW acted, executed the instrument.
Bae Lak 011111111111"CW"
Caeee.i0m Jus 1�
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date Number of Pages:
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name. Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)
❑ Partner—❑ Limited ❑ General _ INN, ❑ Partner—❑ Limited ❑ General _00111,
El Attorney in Fact El Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other- ❑Other-
Signer Is Representing: Signer Is Representing:
02007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.NationaiNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827
LABOR AND MATERIAL BOND
Bond # C' 0658
Premium Included Ili the Performance Bond
KNOW ALL MEN-BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Atascadero, State of California, by
Resolution adopted on the 27th day of January , 200 9 , has awarded
to Nick E. Pokrajac Inc. hereinafter
designated as the "Principal", a contract for construction of
ALVORD FIELD SNACK BAR & RESTROOMS PROJECT
CITY BID NO 2009-001
Sept 2008
in strict conformity with the plans and specifications dated MONTH & YEAR, now on file
in the office of the Director of Public Works of the City of Atascadero, and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract, providing that if said Principal, or any of his or its sub-contractors shall fail to
pay for any materials, provisions, provender or any other supplies or teams 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, the Surety on this bond will pay the same to the extent
hereinafter set forth,
LABOR AND MATERIAL BOND
PAGE 1 OF 3
NOW, THEREFORE, WE Nick E Pokrajac Inc as
Principal, hereinafter designated as "Contractor" and contractors Bonding and
Insurance Company as Surety, are held and firmly bound
unto the City of Atascadero in the sum of one hundred forty-six thousand six
hundred ninety-four and no/100 Dollars ($ 146,694 00 ),
said sum being one hundred percent of the estimated amount payable by the said City
of Atascadero under the terms of the Contract, for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or
assigns,jointly and severally, firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded
Contractor, his or its heirs, executors, administrators, successors or assigns, shall fail to
pay for any materials, provisions, provender or other supplies or teams 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, as required by the provisions of an act of the Legislature of the
State of California, entitled, "An act to secure the payment of claims of persons
employed by Contractors upon Public Works, and the claims of persons who furnish
materials, supplies, teams, implements or machinery used or consumed by such
contractors in the performance of such works, and prescribing the duties of certain
public officers with respect thereto" approved May 10, 1919, as amended, and provided
that the person, companies or corporations so furnishing said materials, provisions,
provender or other supplies, teams, appliances or power used, in upon, for or about the
performance of the work contracted to be executed or performed by any person,
company or corporation renting or hiring teams or implements or machinery or power for
or contributing to said work to be done, or any person who performs work or labor upon
the same, or any person who supplies both work and materials therefor, shall have
complied with the provisions of said Act, then Surety will pay the same in or to an
amount not exceeding the amount herein above set forth, and also will pay, in case suit
is brought upon this Bond, such reasonable Attorney's fees as shall be fixed by the
Court, awarded and taxed as in the above mentioned Statute provided
This Bond shall insure to the benefit of any and all persons, companies and
corporations entitled to file claims under said act, so as to give a right of action to them
or their assigns in any suit brought upon this Bond
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations or additions to the terms of the Contract or to the
work to be performed there under or the specifications accompanying the same shall in
any wise affect its obligations on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the term of the contract or to the
Work or to the Specifications
LABOR AND MATERIAL BOND
PAGE 2 OF 3
IN WITNESS WHEREOF, this instrument has been duly executed by Contractor
and Surety above-named, on the 29th day of January 20 09
Address of Contractor
Nick E. Pokrai ac Inc.
P.O. Box 539
Templeton, CA 93465
Nick E Pokrajac (seal)
President
Address of Surety-
Contractors Bonding and Insurance Company ,�By• �
_ L,_ +:�(seal)
111 Pacifica No. 350
Irvine, CA 92618 Linda D. Coats
Attorney in Fact
(seal)
LABOR AND MATERIAL BOND
PAGE 3 OF 3
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On JAN 2 9 2009 before me, Adelaide C. Hunter, Notary Public ,
(Hen;insert name and tide of the officer)
personally appeared Idrida D. Coats ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) iskve-subscribed to
the within instrument and acknowledged to me that4wWshehheyexecuted the same in+isyher/gwirauthorized
capacity(ies), and that byhii/her/gwitsignature(s)on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct. arra .
WITNESS my hand and official seal. ADELAIDE C.HUNTER
Commission*1808793
-d Notary Public California z
(Notary tel) ' Orange County
Signature of Notary Public My Comm.Expires Aug 8,2012
-- - - - - - - - - - - - - - - - - - - -
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment eom#eW in C41tfornla must contain verbiage eamctly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the nowry section or a separate acknowledgment form must be
properly completed and attached to that doeumera The only excepdon is ff a
• document is to be recorded outside cif California In such lmomnees,any alternative
(Title or description of attached document) aeknowkdgmerr verbkV as maybe pr*ded on such a document so long as the
verbiage dots not require the notary to do something that Is XqW for a notary in
Cal*nfa(Le. term tB the authorised cq=dty of she signer). Please check the
Critic or description of attached document continued) document carefidlyfar paper notarial wonft and attach this form(frequired
Number of P es Document Date ' state and County information must be the State and County where the document
a8 sWw(s)personally appeared before dee notary public for scimowledgment.
• Dau of notarization trust be the date that the signs($)personally appeared which
mast also be the same date the acknowledgment is completed.
(Additional information) • The rotary public must print his or her tune as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singdar or plural forms by crossing off incorrect forms(i.e.
❑ Individual s � yr is/on)or circling the correct forms.Failure to correctly indicate this
� ) information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different sclmowletdgment form
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact O Additional information is not required but could help to ensure this
❑ Trustee(s) seinowtedgnent is not misused or ausebad to a different document
❑ Other O Indicate title or type of attached document,number of pages and dao.
O Indicate the capacity claimed by the signer.if the claimed capacity is a
corporate officer,indican the tide(i.e.CEO,CFO,secretary).
• Securely attach this document to the signed document mi
2008 Version CAPA v12.10.07 800-873-9865 www.NotuyClassa.com
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
OnFebruary 2, 2009 before me Patricia G Douglas, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Nick E Pokraj ac
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persons) whose name(s) is/afe-subscribed to the
within instrument and acknowledged to me that
he/sbeftliey executed the same in his/ P. authorized
6,001111111111M capacity(ie*, and that by his/her-A heiF signature(s}on the
Gloom"#17lftil instrument the person(, or the entity upon behalf of
"o"paw which the person(s) acted, executed the instrument.
So low Olq
1 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature 4/,1, d/ Z")
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Bond
Document Date Number of Pages.
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name. Signer's Name
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s) ❑ Corporate Officer—Title(s)
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General Mejul _
ill
❑ Attorney in Fact • ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other- ❑ Other*
Signer Is Representing: Signer Is Representing:
02007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.NationalNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827