HomeMy WebLinkAbout2011-020 ACH-19 HVAC CITY OF ATASCADERO
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CONTRACTFOR
SANTA MARGARITA CONSTRUCTION CORP
for
ACH-19 HVAC
HISTORIC CITY HALL PROJECT, BID NO. 2011-005
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CONTRACTOR SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
SANTA MARGARITA CONSTRUCTION CORP
THIS CONTRACT is made and entered into between City of Atascadero ("City"),
and Santa Margarita Construction Corp ("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 1
792119.3
City of Atascadero «
Santa Margarita Construction Corpe
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 December 31, 2013, 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 City Manager of the City or designee
(hereinafter "City Manager" shall include the City Manager'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 City Manager
is given to Contractor for the performance of said services.
rev 5/1/06 2
792119.3
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City of Atascadero
Santa Margarita Construction Corp
5. SUPERVISION, 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 City Manager'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.
C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort
to maintain the stability and continuity of Contractor's staff assigned to perform the services
required under this Contract. Contractor shall notify City of any changes in Contractor's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
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. The obligations of the Surety on the
Faithful Performance Bond shall survive the termination of this Contract.
rev 5/1/06 3
792119.3
City of Atascadero i
Santa Margarita Construction Corp
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 City Manager.
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 City Manager. 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.
rev 5/1/06 4
792119.3
City of Atascadero
Santa Margarita Construction Corp
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.
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 except as set forth in Exhibit C. 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 City Manager and shall be provided at City's sole cost and
expense.
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792119.3
City of Atascadcro
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Santa Margarita Construction Corp "
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. The Contractor is required to pay prevailing wages for the
work performed under this Agreement. The Contractor shall pay all penalties and wages as
required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. 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 City Manager. 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.
rev 5/1/06 6
792119.3
City of Atascadero
Santa Margarita Construction Corp
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 attorney's 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. INDEMNIFICATION 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 attorney's 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.
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.
D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION.
Without affecting the rights of City under any provision of this agreement, Contractor shall not
be required to indemnify and hold harmless City of liability attributable to the active negligence
of City, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where City is shown to have
been actively negligent and where City's active negligence accounts for only a percentage of
the liability involved, the obligation of contractor will be for that entire portion or percentage of
liability not attributable to the active negligence of City.
rev 5/1/06 7
792119.3
,
City of Atascadero
Santa Margarita Construction Corp
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 final project close out
(estimated to be 2017). Contractor shall contact the City prior to destruction of records.
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.
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.
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792119.3
City of Atascadero
Santa Margarita Construction Corp
D. 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.
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792119.3
City of Atascadero
Santa Margarita Construction Corp
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
Director of Administrative Services
6907 EI Camino Real
Atascadero, CA 93422
Contractor: Santa Margarita Construction Corp
P.O. Box 357
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 2011 by the parties as follows,
Approved as to form: SANTA M GARITA CONSTRUCTION CORP
By: BY
Counsel for contractor Danie rukiewicz, President
Approved as to form: CITY OF ATASCADERO
PV
P
By: ��F'FFA'��° ='` �- BY:
an Pierik Wade McKinney
City Attorney 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
Daniel Brukiewicz, President
Santa Margarita Construction Corp
r
rev 5/1/06 1 1
792119.3
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.html.
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
—af,
Daniel Brukiewicz, President
rev 5/1/06 12
7921 19.3
EXHIBIT A
Scope of Work
All work performed shall comply with the architectural and engineering plans and
specifications instructions and addendums 1 through 2 per bid package ACH-19 HVAC
Historic City Hall Project, City Bid No. 2011-005, hereby incorporated by reference. The
Historic City Hall HVAC project includes but is not limited to all labor, materials, and equipment
for the demolition of the existing HVAC equipment, ductwork and any control wiring and
conduits. The installation of a complete new HVAC system including but not limited to
equipment, ductwork, piping, valves, fittings, instrumentation and controls, devices accessories
and appurtenances
necessary for completely finished and properly operating mechanical system integrated with all
other building systems in accordance with all of the Bid Documents incorporated into the
Project Manual. Services provided as described in the specifications ACH-19 HVAC Historic
City Hall City, Bid No. 2011-005, as Awarded by Atascadero City Council to be the Base Bid,
not to exceed the total contract price of $849,777.00, as detailed in the attached Schedule of
Values. Per the specifications, the contractor shall diligently prosecute the work to completion
before the expiration of 451 working days after the Notice to Proceed has been issued.
Liquidated Damages for BP-ACH-19 will be based on reasonable actual documented costs of
engineering, inspection, superintendence, and other overhead expenses which accrue for
each day beyond the prescribed contract completion date.
658615.1
DRAFT 06/4/014:33 PM A-1
Santa Mirnrita Construction Corp.
DESIGNATED SUBCONTRACTOR INFORMATION SHEET
BID NO. 2011-005
The Contractor shalt set forth the following information on the"Designated Subcontractor Information Sheet,"the
name and location of the place of business, telephone and email address, license number and classification of
each subcontractor who will perform work or labor or render service to the undersigned in or about the
construction of the work to be performed. That portion of the work which will be done by such subcontractor for
each subcontract shall be listed by individual item number., percent of item, dollar amount of item and brief
description. The contractor's attention is directed to Section 6-1.11, "Listing of Subcontractors,"of these Special
Provisions.
Name
Address
City,State, zip
q 112- S7
Phone Number
Email address
3; 7-('t� - C -20
License Number and Classifications
Item No Percent of Item Dollar Amount
c—'
Description of Above Item
Item No Percent of Item Dollar Amount
Description of Above Item
(G)
Name
Address
City,State, Zip
Phone Number
12
Atascadero Historic City Hall Project Project Manual—Part B
BP-ACH-19 HVAC City Bid No.2011-005
6586]5.]
DRAFT 06/4/01 4:33 PM A-2
EXHIBIT B
Compensation and Method of Payment
Services provided as described in the specifications for the ACH-19 HVAC Historic City Hall
Project, Bid No 2011-005, not to exceed the total contract price of $849,777.00 as detailed (or
defined) in the Schedule of Values, as Awarded by the Atascadero City Council. Any
additional services not included in the scope of services must be approved by a City of
Atascadero Change Order prior to performing any additional work. All additional work
authorized by a City of Atascadero Change Order will be compensated at the same unit cost
for the defined services as determined on the bidder's Schedule of Values. Payment will be
made within 30 days after receipt and approval of invoice. No invoice will be approved without
receipt and approval of certified payroll records
Payments to the contractor in excess of the contract amount of $849,777.00 will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
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.
TOTAL CONTRACT AMOUNT: $ 849,777.00
rev 5/1/06 B-1
792119.3
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653615.1
DRAFT 06/4/01 4:33 PM B-2
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658615.1
DRAFT 06/4/014:33 PM B-3
EXHIBIT C
Items Provided by City
• City will provide the following electric power source and be responsible for payment thereof:
1. HEAVY DUTY: 400 amp, 3 phase temporary service, Contractor to have access to
temporary power panel to provide at its own expense individual power connection as
required.
• General lighting will be provided by the City but specific task lighting must be provided by the
Contractor.
• City will provide a source of water to the site, but the Contractor is responsible to provide all
temporary water distribution required for the Contractor's work.
• City will install and maintain throughout the construction work chemical toilet facilities for the use
of all workmen on the job.
• If the Contractor requires an on site temporary office, the City will provide a limited amount of
office space for the Contractor in a portion of the Construction Manager's office complex. Any
phone or internet service will be the responsibility of the Contractor.
• Permit fees will be paid by the City of Atascadero. Any special permits required to perform this
scope of work, such as deferred permits, Cal OSHA Activity Permits, AQMD Permits and all
other governing jurisdictions that required permits or approvals for the execution of Contractor's
scope of work shall be applied for and paid by the Contractor.
658615.1
DRAFT 06/4/01 4:33 PM C-1
EXHIBIT D
Location Schedule
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Historic At sCader City Hall
6500 Palma Avenue
At sCader, California 93422
6586±I Dd
DRAB nz6p!«»PM
EXHIBIT E
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 arise 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:
1. 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: $5,000,000 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.
658615.1
DRAFT 06/4/01 433 PM E-1
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 arising out of automobiles owned, leased, hired or borrowed on behalf of the
contractor; and with respect toliability arising 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 indeminity 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.
658615.1 E-2
DRAFT 06/4/014:33 PM
EXHIBIT F
Federal
Certifications and Assurances
Cer#fication and Assurance: The subgrantee or contractor executing this certification
hereby assures and certifies that it will comply with all of the applicable requirements of the
following, as the same may be amended from time to time, including adding appropriate
provisions to all contracts between Grantee and for-profit Subgrantees or Contractors:
(1) Administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All
construction contracts awarded in excess of $10,000 by grantees and their contractors or
subgrantees)
(4) Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR part 3)_ (All contracts and subarants for
construction or repair)
(5) Compliance - This project is NOT subject to Davis Bacon Act requirements — State of
California prevailing wage determinations and labor regulations apply.
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR
part 5). (Construction contracts awarded by grantees and subgrantees in excess of
$200€1, and in excess-of $2500 for other contracts which involve the employment of
mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
653615.1 F-1
DRAFT 06/4/01433 PM
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(11) Retention of all required records for ten years after grantees or subgrantees make final
payments and all other pending matters are closed.
(12) Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15)_ (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000).
(13) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Pub. L.94-163,89 Stat. 871).
The information contained in this certification is true and accurate, to the best of my
knowledge_
Name of Subgrantee or Contractor
Name and Contract Number:
Signature of Authorize Certifying Title:
Official: Date:
WARNING: Section 1001 of the Title 18 of the United States Code (Criminal Code and
Criminal Procedure, 72 Stat.967) applies to this certification_ 18 U.S.C. 1001, among other
things, provides that whoever knowingly and willfully makes or uses a document or writing
knowing the same to contain any false, fictitious or fraudulent statement or entry, in any
matter within jurisdiction of any department or agency of the United States, shall be fined
no more than$10,000 or imprisoned for not more than five years, or both.
Atascadero Historic City Hall Project 16
BP-ACH-19 HVAC Project Manual—Part B
City Bid No.2011-005
rev 5/1/06 F-2
792119.3