HomeMy WebLinkAboutA8715 - Abacus Sports Installation LTD dba Abacus Sports Synthetic FloorCONTRACT ABSTRACT
2 Originals: Agreement; 1 Original: Performance & Payment Bond and Insurance
Contract
Company Name: Abacus Sports Installation LTD dba Abacus Sports Synthetic Floor
Installations
Company Contact: Spencer Proud
Summary of Services: CP 20-26, Gym Floor Replacement at JOJDHUC
Contract Price: $98,315.00
Funding Source: 260-4500-59525; 261-1395-59535
Contract Term: To be determined
Contract Administration
Lead Department: Development Services — Engineering Division
Contract Administrator: Joel Montalvo/Art Cervantes
Contract Approvals
Council Approval: March 25. 2021, Item I.L.
Resolution Number: N/A
Agreement Number: A8715
Contract Compliance
Exhibits: Attached
Signatures: Attached
Insurance: Attached
Bonds: Attached
Contract Prepared By: Engineering Division
Submitted on: 04/12/2021 By: Vonda Teed �V4/
CITY OF PALM SPRINGS
SHORT FORM CONSTRUCTION CONTRACT
CP 20-26 GYM FLOOR REPLACEMENT
AT THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER
1. PARTIES AND DATE.
This Contract is made and entered into this31 day of 14 d- IV- L O OO
by and between the City of Palm Springs, a California charter city and municipal
corporation ("City") and Abacus Sports Installations LTD dba Abacus Sports Synthetic Floor
Installations, a Pennsylvania Corporation, with its principal place of business at 2330 Dairy
Road, Lancaster, PA 17601 ("Contractor"). City and Contractor are sometimes individually
referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 Cam. City is a public agency organized under the laws of the State of California,
with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the
provision of certain construction services required by the City on the terms and conditions set
forth in this Contract. Contractor represents that it is duly licensed and experienced in providing
removal and disposal of existing multi -purpose sports flooring and placement of new multi-
purpose sports flooring including game lines, sub -base preparation, replacement of existing
floor rubber base coves, installation of new volleyball cover plates flush with finished floor,
installation of new door base plate transitions, ancillary costs required to complete the work,
incidental or additional costs required to complete the work as identified, related construction
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the services in the State of California, and that it is familiar with
the plans and objectives of the City. The following license classifications are required for this
Project: Class A or C61/D12.
2.3 Proiect. City desires to engage Contractor to render such services for the CID 20-
26 Gym Floor Replacement at the James O. Jessie Desert Highland Unity Center (JOJDHUC)
("Project") as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, applicable performance bond, payment bond, insurance documents and
other certifications as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the
Work required herein, City agrees to pay Contractor the Total Contract Price of ninety-eight
thousand three hundred and fifteen dollars ($98,315.00) ("Total Contract Price") provided that
such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or
written change orders approved and signed in advance by the City.
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3.1.2 Payment of Compensation. If the Work is scheduled for completion in
thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon
completion and approval by City of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an
itemized application for payment in the format supplied by the City indicating the amount of
Work completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
documentation as the City may require. The Contractor shall certify that the Work for which
payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City
and in such detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment
requests in accordance with the provisions set forth in Section 20104.50 of the California Public
Contract Code. However, no progress payments will be made for Work not completed in
accordance with this Contract. Contractor shall comply with all applicable laws, rules and
regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand
dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and
retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be
released and paid to Contractor and subcontractors pursuant to California Public Contract Code
Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may
deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2)
any sums expended by the City in performing any of Contractor's obligations under the Contract
which Contractor has failed to perform or has performed inadequately; (3) defective Work not
remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be
completed for the unpaid balance of the Total Contract Price or within the scheduled completion
date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and
sufficient documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10)
any sums representing expenses, losses, or damages as determined by the City, incurred by
the City for which Contractor is liable under the Contract; and (11) any other sums which the
City is entitled to recover from Contractor under the terms of the Contract or pursuant to state
law, including Section 1727 of the California Labor Code. The failure by the City to deduct any
of these sums from a progress payment shall not constitute a waiver of the City's right to such
sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public
Contract Code section 22300, Contractor may substitute securities for any money withheld by
the City to ensure the performance under the Contract. At the request and expense of
Contractor, securities equivalent to the amount withheld shall be deposited with the City, with
the State or a federally chartered bank as the escrow agent, who shall return such securities to
Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow
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agent shall be subject to a written agreement between the escrow agent and the City, which
provides that no portion of the securities shall be paid to Contractor until the City has certified to
the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall
certify that the Contract has been satisfactorily completed within sixty (60) days of work
"completion" as defined in Section 7107(c) of the California Public Contract Code. Securities
eligible for investment under this section shall be limited to those listed in Section 16430 of the
Government Code, bank or savings & loan certificates of deposit, interest -bearing demand
deposit accounts, stand-by letters of credit, or any other security mutually agreed to by
Contractor.
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors
for and on account of work performed by such subcontractors in accordance with the terms of
their respective subcontracts and as provided for in Section 7108.5 of the California Business
and Professions Code. Such payments to subcontractors shall be based on the measurements
and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title
to Work for which such payments are made shall pass to the City at the time of payment. To
the extent that title has not previously been vested in the City by reason of payments, full title
shall pass to the City at delivery of the Work at the destination and time specified in this
Contract. Such transferred title shall in each case be good, free and clear from any and all
security interests, liens, or other encumbrances. Contractor promises and agrees that it will not
pledge, hypothecate, or otherwise encumber the items in any manner that would result in any
lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply
with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor
and material releases from all subcontractors performing work on, or furnishing materials for,
the Work governed by this Contract prior to final payment by City.
3.2 Incorporation of Documents. This Contract includes and hereby incorporates
in full by reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit "A")
• Project Details (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D")
• Public Works Contractor Registration Certification (Exhibit "E")
• Payment and Performance Bonds (Exhibit "F")
• Federal Requirements (Exhibit "G") — Not Applicable
• 2018 Edition of the Standard Specifications for Public Works Construction
(The Greenbook)
To the extent there is a conflict between any portions of this Contract, the order of
precedence shall be as follows: change orders, special conditions, technical specifications,
plans/construction drawings, general contract terms, scope of work, standard plans,
advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
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3.3 Contractor's Basic Obligation; Scope of Work.
3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and
expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately complete the Project, including all structures
and facilities necessary for the Project or described in the Contract (hereinafter sometimes
referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All
Work shall be subject to, and performed in accordance with the above referenced documents,
as well as the exhibits attached hereto and incorporated herein by reference. The project details
for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this
reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached
hereto and incorporated herein by this reference.
3.3.2 Change in Scope of Work. Any change in the scope of the Work,
method of performance, nature of materials or price thereof, or any other matter materially
affecting the performance or nature of the Work shall not be paid for or accepted unless such
change, addition or deletion is approved in advance and in writing by a valid change order
executed by the City.
3.3.3 Change Orders. Changes to the Contract Time (as defined in Section
3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both
parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time
unless the delay impacts the critical path to completion and the delay was not caused in whole
or in part by the Contractor. The City's liability to Contractor for delays for which the City is
responsible shall be limited to only an extension of time unless such delays were unreasonable
under the circumstances. Failure to timely request a Change Order shall constitute a waiver of
any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders
shall be accompanied by detailed supporting documentation, including but not limited to payroll
records, invoices, schedules, and any other documentation requested by the City for the
purpose of determining the additional costs or the impact of any delay. If the change involves
Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If
there is no unit price, then the Total Contract Price shall be adjusted to account for costs
actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the
entire amount of profit, mark-ups, field or home office overhead costs, including personnel,
equipment or office space, any materials, or any costs of equipment idle time for such work.
Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local
equipment rental agencies, or distributors, at the time the work is performed. Nothing herein
shall prevent the Parties from agreeing to a lump sum cost.
3.3.4 Changes Ordered By City. City may at any time issue a written
directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with
the work in accordance with the directive. To the extent the directive results in extra work or
requires additional Contract Time, Contractor shall request a Change Order within seven (7)
days of receiving the Work Directive. If any costs are not capable of being determined within
seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the
costs are capable of being determined.
3.3.5 Changes Requested By Contractor. With respect to any matter that
may involve or require an adjustment to the Contract Time or the Contract Price, Contractor
shall provide written notice of the underlying facts and circumstances that gave rise to the
potential change within seven (7) days or prior to the alteration of conditions, whichever is
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earlier. Failure to give notice shall constitute a waiver of Contractor's right to a change order. if
any costs are not capable of being determined within seven (7) days, then Contractor shall
request a Change Order within seven (7) days of when the costs are capable of being
determined.
3.4 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b),
the City may make a finding that designates certain products, things, or services by specific
brand or trade name. Unless specifically designated in this Contract, whenever any material,
process, or article is indicated or specified by grade, patent, or proprietary name or by name of
manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the
description of the material, process or article desired and shall be deemed to be followed by the
words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or
article which shall be substantially equal or better in every respect to that so indicated or
specified in this Contract. However, the City may have adopted certain uniform standards for
certain materials, processes and articles. Contractor shall submit requests, together with
substantiating data, for substitution of any "or equal" material, process or article no later than
thirty-five (35) days after award of the Contract. To facilitate the construction schedule and
sequencing, some requests may need to be submitted before thirty-five (35) days after award of
Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize
an extension of time for performance of this Contract. If a proposed "or equal" substitution
request is rejected, Contractor shall be responsible for providing the specified material, process
or article. The burden of proof as to the equality of any material, process or article shall rest
with Contractor.
The City has the complete and sole discretion to determine if a material, process or
article is an "or equal" material, process or article that may be substituted. Data required to
substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted "or
equal" material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted "or equal"
material, process or article, and substantiates that it is an "or equal" to the material, process or
article. The substantiating data must also include information regarding the durability and
lifecycle cost of the requested substituted "or equal" material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of substitution
requests. Contractor shall be responsible for all costs related to a substituted "or equal"
material, process or article. Contractor is directed to the Special Conditions (if any) to review
any findings made pursuant to Public Contract Code section 3400.
3.5 Period of Performance and Liquidated Damages.
3.5.1 Contractor shall perform and complete all Work under this Contract
within 35 working days, beginning the effective date of the Notice to Proceed ("Contract Time").
Contractor shall perform its Work in strict accordance with any completion schedule,
construction schedule or project milestones developed by the City. Such schedules or
milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided
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separately in writing to Contractor. Contractor agrees that if such Work is not completed within
the aforementioned Contract Time and/or pursuant to any such completion schedule,
construction schedule or project milestones developed pursuant to provisions of the Contract, it
is understood, acknowledged and agreed that the City will suffer damage. Pursuant to
Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated
damages the sum of one thousand nine hundred ($1,900)) per day for each and every calendar
day of delay beyond the Contract Time or beyond any completion schedule, construction
schedule or Project milestones established pursuant to the Contract.
3.5.2 If Contractor is delayed in the performance or progress of the Work by
a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time
extension, as provided herein, when the Work stopped is on the critical path and shall not be
charged liquidated damages. Such a non-compensable adjustment shall be Contractor's sole
and exclusive remedy for such delays and the Contractor will not receive an adjustment to the
Total Contract Price or any other compensation. Contractor must submit a timely request in
accordance with the requirements of the Contract.
3.5.3 A Force Majeure Event shall mean an event that materially affects a
party's performance and is one or more of the following: (1) Acts of God or other natural
disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the work);
(4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor
action occurring at the project site and the effects thereof on the work, only to the extent such
strikes and other organized labor action are beyond the control of Contractor and its
subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of
replacement workers. For purposes of this section, "orders of governmental authorities,"
includes ordinances, emergency proclamations and orders, rules to protect the public health,
welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.6 Standard of Performance; Performance of Employees. Contractor shall
perform all Work under this Contract in a skillful and workmanlike manner, and consistent with
the standards generally recognized as being employed by professionals in the same discipline
in the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Work. Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Work, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Contract. As provided for in the indemnification
provisions of this Contract, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any work necessary to correct errors or omissions which are
caused by Contractor's failure to comply with the standard of care provided for herein. Any
employee who is determined by the City to be uncooperative, incompetent, a threat to the safety
of persons or the Work, or any employee who fails or refuses to perform the Work in a manner
acceptable to the City, shall be promptly removed from the Project by Contractor and shall not
be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City
retains Contractor on an independent contractor basis and Contractor is not an employee of
City. Any additional personnel performing the work governed by this Contract on behalf of
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Contractor shall at all times be under Contractor's exclusive direction and control. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with their
performance under this Contract and as required by law. Contractor shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, and workers' compensation
insurance.
3.8 City's Basic Obligation. City agrees to engage and does hereby engage
Contractor as an independent contractor to furnish all materials and to perform all Work
according to the terms and conditions herein contained for the sum set forth above. Except as
otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the
satisfactory performance by Contractor of the services and obligations required by this Contract,
the below -referenced compensation in accordance with compensation provisions set forth in the
Contract.
3.9 Labor.
3.9.1 Prevailinq Wages. Contractor is aware of the requirements of
California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on "public works"
and "maintenance" projects. Since the Work is being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction,
alteration, demolition, installation, or repair, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per
diem wages in effect at the commencement of this Contract. Contractor shall make copies of
the prevailing rates of per diem wages for each craft, classification or type of worker needed to
execute the Services available to interested parties upon request, and shall post copies at
Contractor's principal place of business and at the project site. Contractor shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of any failure or alleged failure to comply with the Prevailing
Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar
day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an
apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of
the California Labor Code with respect to the employment of properly registered apprentices
upon public works. The primary responsibility for compliance with said section for all
apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that
is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit
as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or
such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor
constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code,
Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is
permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any
one calendar week, except when payment for overtime is made at not less than one and
one-half (1-1/2) times the basic rate for that worker.
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3.9.4 Payroll Records. Contractor and each subcontractor shall keep an
accurate payroll record, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work. The payroll records shall be certified and shall be available for
inspection at all reasonable hours at the principal office of Contractor in the manner provided in
Labor Code section 1776. In the event of noncompliance with the requirements of this section,
Contractor shall have 10 days in which to comply subsequent to receipt of written notice
specifying in what respects such Contractor must comply with this section. Should
noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City,
forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until
strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor
Commissioner. A contractor who is found to have violated the provisions of law regarding
wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works
contracts for a period of one to three years as determined by the Labor Commissioner. Upon
the request of the Division of Apprenticeship Standards or the Division of Labor Standards
Enforcement, such penalties shall be withheld from progress payments then due. The
responsibility for compliance with this section is on Contractor. In accordance with Labor Code
section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records
directly to the Department of Industrial Relations ("DIR") on a weekly basis and in the format
prescribed by the DIR, which may include electronic submission. The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code
sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a
bid proposal, or enter into a contract to perform public work must be registered with the DIR. No
bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the DIR to perform public work. Contractor is directed
to review, fill out and execute the Public Works Contractor Registration Certification attached
hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor
registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply
to work performed on a public works project that is exempt pursuant to the small project
exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance
monitoring and enforcement by the DIR. It shall be the Contractor's sole responsibility to
evaluate and pay the cost of complying with all labor compliance requirements under this
Contract and applicable law. Any stop orders issued by the DIR against Contractor or any
subcontractor that affect Contractor's performance of Work, including any delay, shall be
Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay subject to any applicable liquidated damages and shall
not be compensable by the City. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees and agents free and harmless from any claim or liability arising out
of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
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3.10.1.1 Water Quality Management and Compliance. Contractor shall
keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant
Discharge Elimination System General Permit for Storm Water Discharges Associated with
Construction Activity, issued by the California State Water Resources Control Board ("Permit").
It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under
the Permit for all construction activity which results in the disturbance of more than one acre of
total land area or which is part of a larger common area of development or sale. Prior to
initiating work, Contractor shall be solely responsible for preparing and implementing a Storm
Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be
responsible for procuring, implementing and complying with the provisions of the Permit and the
SWPPP, including the standard provisions, and monitoring and reporting requirements as
required by the Permit. The Permit requires the SWPPP to be a "living document" that changes
as necessary to meet the conditions and requirements of the job site as it progresses through
difference phases of construction and is subject to different weather conditions. It shall be
Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the
project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage
City, or local agency regarding discharges of storm water to separate storm drain systems or
other watercourses under their jurisdiction, including applicable requirements in municipal storm
water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters
may be encountered at various times during construction of the Work. Therefore, the
Contractor, hereby acknowledges that it has investigated the risk arising from such waters and
assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non -Compliance. Failure to comply with laws,
regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3,
and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and
hold harmless the City and its directors, officials, officers, employees, volunteers and agents for
any alleged violations. In addition, City may seek damages from Contractor for any delay in
completing the Work in accordance with the Contract, if such delay is caused by or related to
Contractor's failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to
defend any enforcement action brought against the City for Contractor's failure to comply with
the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the
indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to
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reimburse the City for the costs (including the City's attorney's fees) associated with, any
settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance
requirements set forth in this Contract, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will
receive adequate training, as determined by City, regarding the requirements of the laws,
regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided
under this Contract. Upon request, City will provide the Contractor with a list of training
programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. Contractor shall comply with the requirements of
the specifications relating to safety measures applicable in particular operations or kinds of
work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable
local, state and federal laws, rules and regulations, and shall exercise all necessary precautions
for the safety of employees appropriate to the nature of the Work and the conditions under
which the Work is to be performed. Safety precautions as applicable shall include, but shall not
be limited to, adequate life protection and lifesaving equipment; adequate illumination for
underground and night operations; instructions in accident prevention for all employees, such as
machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space
procedures, trenching and shoring, fall protection and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and
adequate facilities for the proper inspection and maintenance of all safety measures.
Furthermore, Contractor shall prominently display the names and telephone numbers of at least
two medical doctors practicing in the vicinity of the Project, as well as the telephone number of
the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Contract or the Work, including all Cal/OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with the Work. If Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and
agreed that all provisions of the law applicable to the public contracts of a municipality are a part
of this Contract to the same extent as though set forth herein and will be complied with.
Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and
agents free and harmless, pursuant to the indemnification provisions of this Contract, from any
claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing
City permits and licenses necessary to perform the Work described herein, including, but not
limited to, a City Business License. While Contractor will not be charged a fee for any City
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permits, Contractor shall pay the City's applicable business license fee. Any ineligible
contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not
perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if
the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or
more in depth, Contractor shall comply with all applicable provisions of the California Labor
Code, including Section 6705. To this end, Contractor shall submit for City's review and
approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to
be made for worker protection from the hazard of caving ground during the excavation of such
trench or trenches. If such plan varies from the shoring system standards, the plan shall be
prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by
California Public Contract Code Section 7104, if this Contract involves digging trenches or other
excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly,
and prior to disturbance of any conditions, notify City of: (1) any material discovered in
excavation that Contractor believes to be a hazardous waste that is required to be removed to a
Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site
differing from those indicated by City; and (3) unknown physical conditions of an unusual nature
at the site, significantly different from those ordinarily encountered in such contract work. Upon
notification, City shall promptly investigate the conditions to determine whether a change order
is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled
completion date and shall proceed with all Work to be performed under the Contract, but shall
retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Underground Utility Facilities. To the extent required by Section 4215
of the California Government Code, City shall compensate Contractor for the costs of: (1)
locating and repairing damage to underground utility facilities not caused by the failure of
Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities
not indicated in the construction drawings; and (3) equipment necessarily idled during such
work. Contractor shall not be assessed liquidated damages for delay caused by failure of City
to provide for removal or relocation of such utility facilities.
3.10.8 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor
shall specifically be aware of their application to "portable equipment", which definition is
considered by CARB to include any item of equipment with a fuel -powered engine. Contractor
shall indemnify City against any fines or penalties imposed by CARB, or any other governmental
or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its
subcontractors, or others for whom Contractor is responsible under its indemnity obligations
provided for in this Contract.
3.10.9
Recycling Mandates.
feasibly diverted via
recycling.
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State Recycling Mandates. Contractor shall comply with State
Any recyclable materials/debris collected by the contractor that can be
reuse or recycling must be hauled by the appropriate handler for reuse or
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3.10.10 Inspection of Site. Contractor has visited sites where Work is to be
performed and has become acquainted with all conditions affecting the Work. Contractor
warrants that it has made such examinations as it deems necessary to determine the condition
of the Work sites, its accessibility to materials, workmen and equipment, and to determine the
Contractor's ability to protect existing surface and subsurface improvements. No claim for
allowances —time or money —will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements,
verify field conditions and shall carefully compare such field measurements and conditions and
other information known to Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shall be reported to the City
immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the
Work required herein, Contractor shall so notify City in writing and shall furnish all labor and
material releases required by this Contract. City shall thereupon inspect the Work. If the Work
is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions
or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it
has completed the incomplete or unsatisfactory Work, Contractor may request a re -inspection
by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract
Price remaining to be paid, less any amount which City may be authorized or directed by law to
retain. Payment of retention proceeds due to Contractor shall be made in accordance with
Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the
California Public Contract Code prescribes a process utilizing informal conferences, non -binding
judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims
of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code
prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the
California Public Contract Code. This Section shall be construed to be consistent with said
statutes.
3.12.2 Claims. For purposes of this Section, "Claim" means a separate
demand by the Contractor, after a change order duly requested in accordance with the terms of
this Contract has been denied by the City, for (A) a time extension, (B) payment of money or
damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or
(C) an amount the payment of which is disputed by the City. A "Claim" does not include any
demand for payment for which the Contractor has failed to provide notice, request a change
order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed
unless and until the Contractor completes all procedures for giving notice of delay or change
and for the requesting of a time extension or change order, including but not necessarily limited
to the change order procedures contained herein, and Contractor's request for a change has
been denied in whole or in part. Claims governed by this Section must be filed no later than
fourteen (14) days after a request for change has been denied in whole or in part or after any
other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall
include on its first page the following in 16-point capital font: "THIS IS A CLAIM." Furthermore,
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the claim shall include the documents necessary to substantiate the claim. Nothing in this
Section is intended to extend the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims, including all requirements pertaining to
compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to
follow such contractual requirements shall bar any claims or subsequent lawsuits for
compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in
the following format:
3.12.4.1 Summary of claim merit and price, reference Contract
Document provisions pursuant to which the claim is made
documents
3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting
3.12.4.6 Time impact analysis in CPM format
3.12.5 Citv's Response. Upon receipt of a Claim pursuant to this
Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed
45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the
Contractor a written statement identifying what portion of the Claim is disputed and what portion
is undisputed. Any payment due on an undisputed portion of the Claim will be processed and
made within 60 days after the City issues its written statement.
3.12.5.1 If City needs approval from its governing body to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion of the
Claim, and the governing body does not meet within the 45 days or within the mutually agreed
to extension of time following receipt of a Claim sent by registered mail or certified mail, return
receipt requested, City shall have up to three (3) days following the next duly publicly noticed
meeting of the governing body after the 45-day period, or extension, expires to provide the
Contractor a written statement identifying the disputed portion and the undisputed portion.
3.12.5.2 Within 30 days of receipt of a Claim, City may request in
writing additional documentation supporting the Claim or relating to defenses or claims City may
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have against the Contractor. If additional information is thereafter required, it shall be requested
and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
City's written response to the Claim, shall be submitted to the Contractor within 30 Days (if the
Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or
within a period of time no greater than that taken by the Contractor in producing the additional
information or requested documentation, whichever is greater.
3.12.6 Meet and Confer. If the Contractor disputes City's written response,
or City fails to respond within the time prescribed, the Contractor may so notify City, in writing,
within 15 Days of receipt of City's response or the City's failure to respond, and demand an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a
demand, City shall schedule a meet and confer conference within 30 Days for settlement of the
dispute.
3.12.7 Mediation. Within 10 business days following the conclusion of the
meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City
shall provide the Contractor a written statement identifying the portion of the Claim that remains
in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the
Claim shall be processed and made within 60 Days after City issues its written statement. Any
disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to
nonbinding mediation, with City and the Contractor sharing the associated costs equally. City
and Contractor shall mutually agree to a mediator within 10 business days after the disputed
portion of the Claim has been identified in writing, unless the Parties agree to select a mediator
at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall
select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by
its respective mediator in connection with the selection of the neutral mediator.
3.12.7.2 For purposes of this section, mediation includes any
nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in
which an independent third party or board assists the Parties in dispute resolution through
negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the
timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in
writing, the mediation conducted pursuant to this section shall excuse any further obligation
under Section 20104.4 to mediate after litigation has been commenced.
3.12.7.4 The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new
unrelated Claim arises after mediation is completed.
3.12.8 Procedures After Mediation. If following the mediation, the Claim or
any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of
the period of time within which a claim must be filed shall be tolled from the time the Contractor
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submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied,
including any period of time utilized by the meet and confer conference or mediation.
3.12.9 Civil Actions. The following procedures are established for all civil
actions filed to resolve Claims of $375,000 or less:
3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing
or responsive pleadings, the court shall submit the matter to non -binding mediation unless
waived by mutual stipulation of both Parties or unless mediation was held prior to
commencement of the action in accordance with Public Contract Code section 9204 and the
terms of these procedures. The mediation process shall provide for the selection within 15
Days by both Parties of a disinterested third person as mediator, shall be commenced within 30
Days of the submittal, and shall be concluded within 15 Days from the commencement of the
mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part
4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party appealing an arbitration award who does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, also pay the attorney's fees on appeal of the other party.
3.12.10 Government Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this
section is intended nor shall be construed to change the time periods for filing tort claims or
actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.12.10.2 In addition to any and all Contract requirements pertaining to
notices of and requests for adjustments to the Contract Time, Contract Price, or compensation
or payment for extra work, disputed work, claims and/or changed conditions, Contractor must
comply with the claim procedures set forth in Government Code sections 900 et seq. prior to
filing any lawsuit against the City.
3.12.10.3 Such Government Code claims and any subsequent lawsuit
based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or
compensation or payment for extra work, disputed work, claims, and/or changed conditions
have been followed by Contractor. If no such Government Code claim is submitted, or if any
prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor
may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the
date the work is completed or the date the Contractor last performs work on the Project,
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whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims
known to the Contractor excepting only new unrelated Claims that arise after the Government
Code claim is submitted.
3.12.11 Non -Waiver. City's failure to respond to a Claim from the Contractor
within the time periods described in this section or to otherwise meet the time requirements of
this section shall result in the Claim being deemed rejected in its entirety and shall not constitute
a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall
be responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted
by City. In the event of damage proximately caused by an Act of God, as defined by Section
7105 of the Public Contract Code, the City may terminate this Contract pursuant to the
termination provisions in this Contract; provided, however, that the City needs to provide
Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free
and harmless from any and all claims, demands, causes of action, suits, actions, proceedings,
costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of
any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or
groundless, to property or persons, including wrongful death, (collectively, "Claims") in any
manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or
agents in connection with the performance of the Contractor's services, the Project or this
Contract, including without limitation the payment of all expert witness fees, attorneys' fees and
other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil
Code section 2782, Contractor's indemnity obligation shall not apply to such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City.
3.14.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims
covered by this section that may be brought or instituted against City or its officials, employees,
agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor
shall also reimburse City for the cost of any settlement paid by City or its officials, employees,
agents and authorized volunteers as part of any such claim, suit, action or other proceeding.
Such reimbursement shall include payment for City's attorney's fees and costs, including expert
witness fees. Contractor shall reimburse City and its officials, employees, agents and
authorized volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall survive expiration or termination of this Contract, and shall not be restricted to
insurance proceeds, if any, received by the City, its officials, employees, agents and authorized
volunteers.
3.15 Insurance.
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3.15.1 Time for Compliance. Contractor shall not commence Work under
this Contract until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and
maintain for the duration of the Contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Work
hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Contract. Such insurance shall meet at least the following minimum levels of
coverage:
3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services
Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage
for operations of designated contractor); (2) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers' Compensation
and Employer's Liability: Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance; and (4) Builders'/All Risk: Builders'/All Risk
insurance covering for all risks of loss, including explosion, collapse, underground excavation
and removal of lateral support (and including earthquakes and floods if requested by the City).
Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits
no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general
aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation and
Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or
disease, and each employee bodily injury or disease; and (4) Builders'/All Risk: Completed
value of the project. Defense costs shall be available in addition to the limits. Notwithstanding
the minimum limits specified herein, any available coverage shall be provided to the parties
required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is
cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of insurance
showing that the required insurance has been reinstated or has been provided through another
insurance company or companies. In the event any policy of insurance required under this
Contract does not comply with these specifications or is canceled and not replaced, the City has
the right but not the duty to obtain the insurance it deems necessary and any premium paid by
the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to
pay premium from Contractor payments. In the alternative, the City may suspend or terminate
this Contract.
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3.15.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements (amendments) on forms supplied
or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its
officials, employees, agents and volunteers additional insured status using ISO endorsements
CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with
respect to the Work or operations performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such work; (2) all policies shall waive or shall
permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or
any insurer by virtue of payment of any loss or any coverage provided to any person named as
an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of
subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its
officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of
coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-
insurance maintained by the City, its officials, employees, agents and volunteers shall be
excess of Contractor's insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its
officials, employees, agents and volunteers additional insured status with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or
shall permit Contractor to waive all rights of subrogation which may be obtained by the
Contractor or any insurer by virtue of payment of any loss or any coverage provided to any
person named as an additional insured pursuant to this Contract, and Contractor agrees to
waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance
as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in
an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City, its officials, employees, agents and
volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute
with it in any way.
3.15.3.3 Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials,
employees, agents and volunteers for losses paid under the terms of the insurance policy which
arise from work performed by Contractor.
3.15.3.4 All Coverages. Each insurance policy required by this
Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, employees, agents and volunteers.
3.15.4 Builders'/All Risk Policy Requirements. The builders'/all risk
insurance shall provide that the City be named as loss payee. In addition, the insurer shall
waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations. All insurance required
by this Section shall contain standard separation of insureds provisions. In addition, such
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insurance shall not contain any special limitations on the scope of protection afforded to the
City, its officials, employees, agents and volunteers.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants
or design professionals retained by Contractor shall also procure and maintain, for a period of
five (5) years following completion of the Contract, errors and omissions liability insurance with a
limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its
directors, officials, officers, employees, agents and volunteers as additional and insureds with
respect to Work performed, and shall otherwise comply with all requirements of this Section.
Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respects the City, its officials, employees, agents and authorized
volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to
the City guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best's rating no less than A:VII, licensed to do business in California, and
satisfactory to the City. Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this Contract on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms supplied or approved by the City. All certificates and endorsements must 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, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this
Section before commencing Work. Contractor shall furnish separate certificates and
endorsements for each subcontractor. Subcontractor policies of General Liability insurance
shall name the City, its officials, employees, agents and authorized volunteers as additional
insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All
coverages for subcontractors shall be subject to all of the requirements stated herein except as
otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor's insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested
by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Contract a Payment Bond in an amount
required by the City and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until the bond has been received and approved by the City.
BB&K (2020) 19 SHORT FORM CONSTRUCTION CONTRACT
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3.16.2 Performance Bond. If specifically requested by City in Exhibit "C"
attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Contract a Performance Bond in an amount required by the City and
in a form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until the bond has been received and approved by the City.
3.16.3 Bond Provisions. Should, in City's sole opinion, any bond become
insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the
effected bond within (ten) 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at
least ten (10) days prior to expiration of the original bonds. No further payments shall be
deemed due or will be made under this Contract until any replacement bonds required by this
Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased
in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of
the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such
increase to the City. If Contractor fails to furnish any required bond, the City may terminate the
Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety
insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If
a California -admitted surety insurer issuing bonds does not meet these requirements, the
insurer will be considered qualified if it is in conformance with Section 995.660 of the California
Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes
of this Section shall be deemed to include unauthorized work which has not been removed and
any non -conforming materials incorporated into the Work) to be of good quality and free from
any defective or faulty material and workmanship. Contractor agrees that for a period of one
year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non-conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one-year period, commencing with the date of acceptance
of such corrected Work. Contractor shall perform such tests as the City may require verifying
that any corrective actions, including, without limitation, redesign, repairs, and replacements
comply with the requirements of the Contract. All costs associated with such corrective actions
and testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
BB&K (2020) 20 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505 817.1
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non -conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
3.18 Employee/Labor Certifications.
3.18.1 Contractor's Labor Certification. By its signature hereunder,
Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor
Code which require every employer to be insured against liability for Worker's Compensation or
to undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Work. A certification
form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein
by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or other
interests protected by the State or Federal Constitutions. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility. By executing this Contract,
Contractor verifies that it fully complies with all requirements and restrictions of state and federal
law respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subcontractors and sub -subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with
our without cause, by giving Contractor three (3) days advance written notice. In the event of
termination by City for any reason other than the fault of Contractor, City shall pay Contractor for
all Work performed up to that time as provided herein. In the event of breach of the Contract by
Contractor, City may terminate the Contract immediately without notice, may reduce payment to
Contractor in the amount necessary to offset City's resulting damages, and may pursue any
other available recourse against Contractor. Contractor may not terminate this Contract except
for cause. In the event this Contract is terminated in whole or in part as provided, City may
procure, upon such terms and in such manner as it may determine appropriate, services similar
to those terminated. Further, if this Contract is terminated as provided, City may require
Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials
or other matter prepared or built by Contractor in connection with its performance of this
Contract. Contractor shall be required to provide such document and other information within
fifteen (15) days of the request.
3.20 City Officers and Employees: Non -Discrimination.
3.20.1 Non -liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Contractor, or any successor -in -interest, in the event
of any default or breach by the City or for any amount which may become due to the Contractor
or to its successor, or for breach of any obligation of the terms of this Contract.
BB&K (2020) 21 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or
employee of the City has or shall have any direct or indirect financial interest in this Contract nor
shall Contractor enter into any agreement of any kind with any such officer or employee during
the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor
has not paid or given, and will not pay or give, any third party any money or other consideration
in exchange for obtaining this Contract.
3.20.3 Covenant Against Discrimination. In connection with its performance
under this Contract, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that
applicants are employed, and that employees are treated during their employment, without
regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this
Contract, and in executing this Contract, Contractor certifies that its actions and omissions
hereunder shall not incorporate any discrimination arising from or related to any prohibited basis
in any Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship; and further,
that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section
7.09.040, including without limitation the provision of benefits, relating to non-discrimination in
city contracting.
3.21 General Provisions.
3.21.1 City's Representative. The City hereby designates the City Manager,
or his or her designee, to act as its representative for the performance of this Contract ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.21.2 Contractor's Representative. Before starting the Work, Contractor
shall submit in writing the name, qualifications and experience of its proposed representative
who shall be subject to the review and approval of the City ("'Contractor's Representative").
Following approval by the City, Contractor's Representative shall have full authority to represent
and act on behalf of Contractor for all purposes under this Contract. Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
written approval.
3.21.3 Contract Interpretation. Should any question arise regarding the
meaning or import of any of the provisions of this Contract or written or oral instructions from
BB&K (2020) 22 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
City, the matter shall be referred to City's Representative, whose decision shall be binding upon
Contractor.
3.21.4 Anti -Trust Claims. This provision shall be operative if this Contract is
applicable to California Public Contract Code Section 7103.5. In entering into this Contract to
supply goods, services or materials, Contractor hereby offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with
Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from
purchases of goods, services, or materials pursuant to the Contract. This assignment shall be
made and become effective at the time the City tender final payment to Contractor, without
further acknowledgment by the Parties.
3.21.5 Notices. All notices hereunder and communications regarding
interpretation of the terms of the Contract or changes thereto shall be provided by the mailing
thereof by registered or certified mail, return receipt requested, postage prepaid and addressed
as follows:
CONTRACTOR:
CITY:
ABACUS SPORTS INSTALLATIONS LTD DBA ABACUS SPORTS
SYNTHETIC FLOOR INSTALLATIONS
2330 DAIRY ROAD, LANCASTER, PA 17601
ATTN: SPENCER PROUD, PROJECT MANAGER
CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
ATTN: CITY MANAGER & CITY CLERK
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this
Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by
action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of City. If Contractor attempts an assignment
or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option,
terminate and revoke the Contract and shall thereupon be relieved from any and all obligations
to Contractor or its assignee or transferee.
3.21.8 No Third -Party Beneficiaries. There are no intended third -party
beneficiaries of any right or obligation assumed by the Parties.
BB&K (2020) 23 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with
the laws of the State of California. If any action is brought to interpret or enforce any term of this
Contract, the action shall be brought in a state or federal court situated in the County of
Riverside, State of California.
3.21.10 Attorneys' Fees. If either Party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorneys' fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each
of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves; their heirs, executors,
administrators, successors, and assigns agree to the full performance of all of the provisions
contained in this Contract.
3.21.13 Solicitation. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Contract. For
breach or violation of this warranty, City shall have the right to terminate this Contract without
liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
3.21.14.2 Contractors are required by law to be licensed and regulated
by the Contractors' State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to
structural defects must be filed within ten (10) years of the date of the alleged violation. Any
questions concerning a contractor may be referred to the Registrar, Contractors' State License
Board, P.O. Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract
and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.21.17 Non -Waiver. None of the provisions of this Contract shall be
considered waived by either party, unless such waiver is specifically specified in writing.
BB&K (2020) 24 SHORT FORM CONSTRUCTION CONTRACT
5 5575.18165\33505817.1
3.21.18 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project or other projects.
[Signatures on Next Page]
BB&K (2020) 25 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF PALM SPRINGS
AND ABACUS SPORTS INSTALLATIONS LTD DBA ABACUS SPORTS SYNTHETIC
FLOOR INSTALLATIONS
below.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the dates stated
"CITY"
City of Palm Springs
Date: �G'� By:
Justin lifton
MS? City Manager
APPROVED AS TO FORM: A
By: Q 4&y L9 11, B
14'ffreA. galifing4l'
City Attorney
APPROVED BY CITY COUNCIL:
Date: Agreement No. )LO/5'
Corporations require two notarized signatures. One signature must be from Chairman of Board,
President, or any Vice President. The second signature must be from the Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
CONTRACTOR NAME: /166z J.5 �a/A � ``wYt ojW/ �MA&
s�4,1l�J Check one: _ Individual _ Partnership Corporation
336
i1'oa�
Addre s
MA, "d9'1 - 4-
1AI)37/41 CWi/ .-
Con rat ctor's License Numb r and Classification
p6j— / -k — 106
7
DIR Registr be
By
Signature (Notarized)
By� LZ
Signature (Notarize
BB&K (2020) 26 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
NOTARY ACKNOWLEDGMENT
STATE •
COUNTY OF
On this day of in the year 6�0 , before me
personally appeared
known to me or proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed within this instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity, and that by his/her signature on the instrument the
person or the entity upon behalf of which the person acted executed this instrument
MY COMMISSION EXPIRES ON 1d 1 1,?d 2 y
rComm%onweatth of Pennsylvania - Notary Seal
A 'MENT, Notary Publlc
ancaster County
on Expires October 7, 2024
"fon Number 1003774
NOTARY ACKNOWLEDGMENT
STATE
• • / .f
On this day of in the year = , before me
personally appeared
known to me or proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed within this instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity, and that by his/her signature on the instrument the
person or the entity upon behalf of which the person acted executed this instrument
M
Com"""alth of Pennsylvania - Notary Seal
IDMNE L ARMENT, Notary Public
fan caster County
ommissi My Con Expires October 7, 2024
Cor"is6ion Number 1003774
SERVICES/SCHEDULE
BB&K (2020) Exhibit A - 1 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
James O Jessie Community Center
Abacus Sports Installations, Ltd
Spencer Proud Mon, 4/26/2021
Project Starr
Display Week: ; 1 I APr 26, 2021 May 3, 2921 May 10, 2021 May 17, 2021 IrMy 24, 2021 Lilly 31, 2021 J.7, 2021 J. 14, 2NI
26 27 28 29 W 1 2 3 4 5 6 7 8 9 ] 11 12 13 14 15 16 17 1B 19 20 21 22 23 24 26 26 27 78 19 30 31 1 2 3 4 5 6 7 a 9 W 11 12 13 14 6 16 17 zB 19 20
Ph —I TM.
Mobilize & Unload
Abacus
0%
4/26/21
4/26/21
PrFloors, set
volleyball
Ab—s
03A
4/27/21
4/30/21
ver pla tes
Install new door,
ve baseano
Abaas
0%
5/3/21
5/14/21
translsbons
Cure Time
Abacus
0%
5/14/21
5/21/21
Flooravallablefor
Aba—
0%
5/22/21
5/22/21
EXHIBIT "B"
PROJECT DETAILS
BB&K (2020) Exhibit B - 1 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505 817.1
4ABACUS
Sports Installations Ltd.
To: Art Cervantes — City of Palm Springs From: Spencer Proud
Email: Francisco.Jaime alms rin sca. ov Pages: 1
Phone:
References
Date: Thursday. March 11.2021
Re: James O. Jessie Community Center CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
As requested, please find below our pricing for the above referenced project. Pricing assumes the following:
1. We are to supply & install up to 6,566 square feet of Pulastic mufti purpose sports flooring using the
Sourcewell CO-OP contract #060518-RBI.
2. Pricing includes a one -color finish, to be selected from manufacturers standard color chart.
3. Games lines are included in our pricing for one basketball ,one volleyball court & one pickleball court.
4. We have included waste removal in our pricing. Trash will be taken to City's facility.
5. All insurances are included.
6. Sub -base preparation has been included in our pricing.
7. All materials will be delivered upon our arrival.
8. Our work area is to be entirely unencumbered, dry and temperature at 650 Fahrenheit or above
throughout our installation.
9. Adequate power supply & lighting must be available.
10. Prevailing wage rates have been included in our pricing.
PRICING VALID FOR SIXTY (60) DAYS. THEREAFTER SUBJECT TO CHANGE
Assuming the above information our pricing equates to:
Pulastic Classic 90 @ $8.34
$54,760.00
Additional labor using Prevailing Wages
$16,435.00
Upgraded Resin Layer to 3mm of GM2500
$13,220.00
Sub -base preparation
$2,500.00
Freight
$5,800.00
Supply and install new volleyball cover plates
$1,800.00
Base and Transitions
$1,400.00
Payment and Performance Bonds
$2,400.00
Total
$98,315.00
If you wish for us to complete these works on your behalf, kindly issue us with a purchase order as soon as
possible so we may ensure availability.
Please contact me with any questions you may have.
Thank you, Spencer Proud
2330 Dairy Road • Lancaster, PA 17601 • Phone: (717) 560-8050 • FAX: (717) 560-8054
www.abacussports.com • install@abacussports.com
PULASTIC CLASSIC 90
A seamless multi purpose sports .floor that
provides comfort and safety for all levels of
competition, along with excellent resistance
to mechanical loads
Approved by FIBA, FIVB, and IHF
Manufactured under ISO 9001, ISO 14001, and
CSR Level 3 (ISO 26000)
Good resiliency for comfort and injury
Seamless, non -porous and smooth surface
for easy maintenance, repair and resurface
Excellent contact noise reduction for
outstanding acoustic isolation
Sustainability through high content of recycled
and rapidly renewable raw materials
Water based finish for very low odor
during installation and maximum indoor
clean air protection during use
Outstanding mechanical strength and wear
resistance for optimal life cycle cost and
maximum usability
INDOOR I MULTI- PURPOSE I BASKETBALL I VOLLEYBALL
AEROBICS I TRAINING FACILITY I COMPETITION LEVEL
Product Specifications
Nominal Thickness
9 mm
:
......................................................................................
Character
Point-Elastic
:
......................................................................................
Shock Absorption
29%
DIN 18032-91
•
......................................................................................
0
Vertical Deformation
1.0 mm
EN 14809
.....................................................................................
Ball Bounce
98%
EN 12235
......................................................................................
Resistance to Rolling Load
>_ 1500 N
EN 1569
16 Classic Colors to
Choose From
Resistance to Impact >_ 800 gr @ 10°C EN 1517 Sim
....................................................................................
4 Resistance to Indentation 0.35 mm @ 5 min EN 1516 WIWI
0.15 mm. @ 24 hrs EN1516
V.O.C. Content- Adhesive
Solvent Free
.......................................................................................
V.O.C. Content -Finish""
45 gr/lit ASTM D 3960
Elongation at break- Structure
150% DIN 53455
Tensile Strength- Structure
8 N/mm2 DIN 53455
Tear Strength- Structure
25 N/mm DIN 53515
Warranty
25 YEAR manufacturer's
warranty
l=futunln S(nm i7ctity Grey
Ked ��rli�e. Iron �;rr�i
*Custom color options anail6k. Due to printer variation, actualfloor oor colors may
be slightly dierent from colors above. Consult your dealer for color accuracy.
Robbins is proud to partner with
the following organizations:
ROBBINS@ PULASTIC Classic 90
Specification Note:
Page 1 of 5
Issue: 07/2014
The following specifications call out the material and default installation requirements necessary for the floor
as recommended by Robbins Sports Surfaces. In some cases, local codes, physical requirements or installer
recommendation may override these methods and procedures. It is Robbins recommendation to review the
specification with a Regional Sales Manager or the local Authorized Dealer before incorporating the
specification into the project design. Some options impact installed cost and verification of the design and
budget is advised.
For the name of the local Robbins representative or dealer, contact Robbins at 1-800-543-1913 or on the web
at www.robbinsfloor.com <htti)://www.robbinsfloor.com/>.
SECTION 09 / GUIDE SPECIFICATIONS FOR
ROBBINS@ PULASTIC® Classic 90
POLYURETHANE FLOOR SYSTEM
Part 1-GENERAL
1.01 DESCRIPTION
A. Scope
1. The complete installation of Robbins PULASTIC Classic 90 polyurethane surfacing over high-performance
resilient base mat, by Robbins, Inc. of Cincinnati, Ohio, including adhesives, resilient base mat, polyurethane
sealer, polyurethane structure layer, surface topcoat, and court markings.
B. Related work specified under other sections. (A cross-reference should be incorporated in these sections.)
1. Concrete and Concrete Finishing.................................................................................................. Section 03300
a. Concrete Slab Depression: a total of 9 mm, equal to system thickness, (0.3543 inches).
b. Surface Finish: steel troweled and finished smooth.
c. Concrete Tolerance: 1/8" (3mm) in radius of 10' (3m). Floor Flatness and Floor Levelness (FF and FL)
numbers are not recognized.
d. NO CURING AGENTS OR SEALERS ARE TO BE APPLIED TO THE CONCRETE SLAB.
2. Membrane Waterproofing and Dampproofing.............................................................................. Section 07100
a. Concrete subfloors on or below grade shall be adequately waterproofed beneath the slab and at the
perimeter walls and on the earth side of below grade walls by general contractor using suitable type
membrane.
b. Sand -Poly -Sand slab construction is not an acceptable construction.
3. Thresholds.....................................................................................................................................Section 08700
4. Game Standard Inserts.................................................................................................................. Section 11500
1.02 QUALITY ASSURANCE
A. Floor System Supplier Qualifications
1. Supplier shall be an established firm experienced in field and have been in business for a minimum of ten
(10) years; Robbins, Inc. or an approved equal.
2. Formulator shall be ISO-9001 certified for quality control, and ISO-14001 certified for environmental care,
and provide copy of Certification document upon request.
B. Floor Contractor/Installer Qualifications and Certifications
1. Floor Contracting Company and field personnel shall be trained by supplier on proper installation and
finishing process.
C. System Industry Approvals
1. Floor system shall be approved by F.I.V.B. (International Volleyball Federation), and provide copy of
Approval upon request.
2. Floor system shall be approved by F.I.B.A. (International Basketball Federation), and provide copy of
Approval upon request.
3. Floor system shall be approved by I.H.F. (International Handball Federation), and provide copy of Approval
upon request.
ROBBINS* PULASTIC Classic 90
Page 2 of 5
Issue: 07/2014
D. System Technical Data:
Technical Data
Character Point -elastic
Classification n/a
Nominal thickness 9 mm (0.3543 inches)
Shock Absorption 20% EN 14808
Shock Absorption (29%) (DIN 18032-91)
Vertical Deformation 1.0 mm EN 14809
Linear Friction (dry) 98 EN 13036-4
Linear Friction (damp) 0.3 Leroux
Ball Bounce 98 % EN 12235
Gloss 3% EN 2813
Resistance to rolling load >_1500 N EN 1569
Resistance to impact >_800 gr @ 10°C EN 1517
>_1200 gr @ 17°C EN 1517
Resistance to indentation 0.35 mm @ 5 min EN 1516
0.15mm@24hrs EN1516
Resistance to wear 150 mg EN ISO 2813
Flammability Bfl-Si EN 13501-1
V.O.C. content -Adhesive Solvent free
V.O.C. content - Topcoat 0.01 gr/lit (EU) 2004/42/EG
45 gr/lit (US) ASTM D 3960
Adhesive composition Free of solvents and heavy metals
Resin composition Free of solvents and heavy metals
Elongation at break - Structure 150% DIN 53455
Tensile Strength - Structure 8 N/mm2 (1,160 psi) DIN 53455
Tear Strength - Structure 25 N/mm (142 pli) DIN 53455
Colour fastness 8 (excellent) DIN 54004
1.03 SUBMITTALS
A. Manufacturer's Product Data
1. Submit three (3) Robbins Pulastic Classic 90 Floor System specification sheets.
B. Concrete Guidelines
1. Submit three (3) copies of Recommendations for correct preparation, finishing and testing of concrete
subfloor surfaces to receive to receive granulated base mat and polyurethane floor system.
C. Samples
1. Submit one (1) sample of Pulastic Classic 90
2. Submit one (1) Pulastic Topcoat Standard Color Chart
3. Submit one (1) Pulastic Linepaint Color Chart
D. Maintenance Literature
1. Submit copy of Pulastic Maintenance Instructions.
E. References
1. Submit Letter attesting that Floor Contractor and Field Personnel have been properly trained to perform work
per specifications and contract.
2. Reference list of three individual for whom installer has worked on projects of similar size and magnitude.
1.04 DELIVERY, STORAGE AND HANDLING
A. Delivery of Materials
1. Material shall not be delivered or installed until all masonry, painting, plastering, tile work, marble and
terrazzo work are completed and all overhead mechanical work, lighting, backstops, scoreboards are
installed. Room temperature shall be at least 55 degrees Fahrenheit, and ambient relative humidity shall be
75% or less. In -slab relative humidity shall be 80% or less.
2. Area where materials are to be stored should be maintained at least 55 degrees Fahrenheit and under 75%
relative humidity by the General Contractor.
*please refer to Robbins Technical Services "Concrete Guide Specification " for further information regarding
conditions and requirements of concrete prior to installation.
ROBBINS@ PULASTIC Classic 90
Page 3 of 5
Issue: 07/2014
1.05 JOB CONDITIONS-SEOUENCY
A. Do not install floor system until concrete has been cured 60 days and the requirements in paragraph 1.01 and
1.04 are obtained.
B. General Contractor is responsible to ensure slab is clean and free of all dirt and debris prior to floor installation
beginning.
C. Permanent heat, light and ventilation shall be installed and operating during and after installation.
Environmental temperatures must average a minimum of 65 degrees Fahrenheit for one full week proceeding,
throughout, and 72 hours following application.
D. After floors are finished, area to be kept locked by general contractor to allow curing time for the paint and finish
system(s). No other trades are to be allowed on floor until it is accepted in writing by owner or owner's
authorized agent.
1.06 GUARANTEE
A. Guarantee shall not cover damage caused in whole or in part by casualty, ordinary wear and tear, abuse, use for
which material is not designed, faulty construction of the building, settlement of the building walls, failure of the
other contractors to adhere to specifications, separation of the concrete slab and excessive dryness or excessive
moisture from humidity, spillage, migration through the slab or wall, or any other source.
B. Robbins, Inc. hereby warrants the Pulastic Classic 90 material to be free from manufacturing defects for a
period of 2 years. This warranty is in lieu of all other warranties, expressed or implied including but not limited
to any warranty of merchantability or fitness for a particular purpose, and of any other obligations on the part of
Robbins. In the event of breach of any warranty, the liability of Robbins shall be limited to repairing or
replacing Pulastic Classic 90 material and system components supplied by Robbins and proven to be defective
in manufacture, and shall not include any other damages, either direct or consequential.
Part 2-PRODUCTS
2.01 MATERIALS
NOTE: USE OF ANY NON -APPROVED COMPONENT SUBSTITUTIONS SHALL VOID WARRANTY.
A. Robbins PULASTIC
1. Adhesive
a. Pulastic Tacly Adhesive: a two -component polyurethane adhesive
2. Shock Pad
a. Shock Pad, a granulated rubber/polyurethane mat 7.0 mm thick.
3. Pad Sealer
a. Pulastic EG Sealer: a two -component polyurethane sealer
4. Polyurethane Resin
a. Pulastic GM1500 Compound: a pigmented two -component polyurethane resin
5. Coating
a. Pulastic Coating 221 W: a pigmented, two -component, water -dispersed polyurethane surface coating.
1) Color Options: Specify Topcoat color from following standard colors:
a) 401 Lime Green
b) 417 May Green
c) 400 Green Oxide
d) 407 Turquoise Mint
e) 205 Sand Beige
f) 800 Yellow Ochre
g) 106 Autumn Brown
h) 100 Red Oxide
i) 307 Pastel Blue
j) 308 Pigeon Blue
k) 306 Steel Blue
1) 305 Sky Blue
m) 309 Capri Blue
n) 504 Stone Grey
ROBBINS@ PULASTIC Classic 90
Page 4 of 5
Issue: 07/2014
o) 506 Dusty Grey
p) 507 Iron Grey
6. Game line Paint
a. Pulastic Linepaint: a pigmented, two -component polyurethane paint.
1) Color Options: Specify Court Marking colors from following standard colors:
a) Black
b) Light Grey (504)
c) White
d) Light Blue
e) Signal Blue
f) Dark Blue
g) Lilac
h) Ruby Red
i) Red Orange
j) Pastel Orange
k) Yellow
1) Light Green (401)
m) Dark Green (400)
n) Dark Brown (106)
o) Light Brown
b. Option: Pulastic Linepaint-W: a pigmented, two -component, water -dispersed polyurethane paint.
Part 3-EXECUTION
3.01 INSPECTION
A. Inspect concrete slab for proper levelness tolerance, dryness, and possible contamination, (see Part 1 —Sec 1.01
and Sec. 1.04) and report any discrepancies to the general contractor and architect in writing.
B. All work required to put the concrete subfloors in acceptable condition shall be the responsibility of the general
contractor.
C. Subfloor shall be broom cleaned by general contractor.
D. General Contractor will notify the flooring installation company to proceed with the installation after concrete
slab specifications are met.
E. Installer shall perform tests for moisture and adhesion prior to application and report adverse conditions to the
general contractor in writing.
F. Installer shall document all working conditions provided in General Specifications prior to commencement of
installation.
3.02 INSTALLATION
A. Robbins Pulastic
1. Shock Pad
a. Mix two -component Tacly Adhesive according to supplier's instructions and spread adhesive using
ROBBINS PULASTIC notched trowel.
b. Unroll polyurethane/rubber granulated base mat into freshly applied adhesive. Seams shall be in virtual
contact with absence of compression fit. Roll surface of base mat with a medium -size roller.
2. Sealer
a. Mix two -component EG Sealer according to supplier's instructions and spread sealer over base mat using
a straight trowel. Allow to cure minimum 12 hours before proceeding.
3. Structure Layer
a. Mix two -component ROBBINS PULASTIC GM1500 pigmented polyurethane resin and spread over EG
Sealer according to supplier's instructions. Allow to cure minimum 12 hours before proceeding.
b. Mix two -component ROBBINS PULASTIC GM1500 pigmented polyurethane resin and apply at proper
thickness according to supplier's instructions. Allow to cure minimum 12 hours before proceeding.
ROBBINS@ PULASTIC Classic 90
Page 5 of 5
Issue: 07/2014
4. TopCoat
a. Mix two -component ROBBINS PULASTIC Coating 221 W and apply using ROBBINS PULASTIC
lambswool roller(s) according to suppliers instructions. Allow 24 to 48 hours curing time before
proceeding.
5. Gamelines
a. Mix two -component ROBBINS PULASTIC PU-Linepaint according to supplier's instructions.
b. Line painting should be in accordance with supplier's directions.
c. Color of court markings shall be chosen from ROBBINS PULASTIC PU-Linepaint standard colors.
d. Consult architectural drawings for game line locations and chosen colors.
B. Perimeter Molding (Optional):
1. Install a rubber base, anchored to the walls with standard base cement.
3.03 CLEANING
1. Clean up all unused materials and debris and remove from the premises. Dispose of empty containers in
accordance with federal and local regulations.
3.04 PROTECTION
1. Cure Time
a. No traffic or other trades shall be allowed on the surface for a period of one week following completion
to allow for complete and proper cure of the finish.
2. Other Trades
a. It shall be the responsibility of the general contractor to protect the surface from damage by other trades
before acceptance by the owner or the owner's authorized agent.
3. Safety
a. No smoking, open flames or sparks from electrical equipment or any other source shall be permitted
during the installation process, or in areas where materials are stored
Construction options are available to modify this system to the project design and budget.
Contact your Regional Sales Manager or the local Authorized Dealer for more information.
14g02jb
All rights reserved.
EXHIBIT "C"
SPECIAL CONDITIONS
PUBLIC WORKS PROJECTS OF MORE THAN $25,000 WILL REQUIRE PAYMENT BONDS
BY LAW. WHERE A PAYMENT BOND IS REQUIRED, A PERFORMANCE BOND IS ALSO
REQUIRED.
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City two identical counterparts
of the Performance Bond and Payment Bond on the forms supplied by the City and included as
Exhibit "F" to the Contract. The surety supplying the bond must be an admitted surety insurer,
as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the
State of California and satisfactory to the City. The Performance Bond and the Payment Bond
shall be for one hundred percent (100%) of the Total Contract Price.
BBBK (2020) Exhibit C - 1 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33 505 817.1
EXHIBIT "D"
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of
the California Labor Code which require every employer to be insured against liability for
Worker's Compensation or to undertake self-insurance in accordance with the provisions of the
Code, and I, the undersigned Contractor, agree to and will comply with such provisions before
commencing the performance of the Work on this Contract.
ABACUS SPORTS INSTALLATIONS LTD DBA ABACUS SPORTS SYNTHETIC FLOOR
INSTALLATIONS
By:
Signature
Name (Print)
Title (Print)
BB&K (2020) Exhibit D - 1 SHORT FORM CONSTRUCTION CONTRACT
5 5575.18165\3 3 505817.1
d 0
11'=Ioaftions
STATE OF CALIFORNIA
APPLICATION FOR
PUBLIC WORKS CONTRACTOR REGISTRATION
Registration Information
Type: New
Period: February 5, 2021— June 30, 2022
Contractor Information
Contractor Name: Abacus Sports Installations Ltd
Trade Name: Abacus Sports Synthetic Floor Installations
License Type Number: PW-LR-1000714608
Contractor Physical Address
Physical Business Country: United States of America
Physical Business Address: 2330 Dairy Road
Contractor Mailing Address
Mailing Business Country:
Mailing Business Address:
Contact Info
Daytime Phone:
Mobile Phone:
Physical Business City/ Province: Lancaster
Physical Business State: PA
Physical Business Postal Code: 17601
Mailing Business City/ Province:
Mailing Business State:
Mailing Business Postal Code:
Daytime Phone Ext.:
Business Email: accounts@abacussports.com
Applicant's Email: accounts@abacussports.com
Registration Services:: Page i of 2 2/5/202111:43:24 AM
Workers' Compensation
Professional Employer Organization (PEO)
Do you lease employees through Professional Employer Organization? No
Workers' Compensation Overview
Exempt from workers' compensation
insurance
Carrier: Erie Insurance Company Inception Date:
Policyholder Name: Expiration Date:
Policy Number:
Certification
Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination
by a court or any federal, state, or local administrative agency, including a confirmed arbitration award
Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes I certify that one of the following is true: (1)1 am licensed by the Contractors State License Board (CSLB) in
accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my
business or trade Is not subject to licensing by the CSLB.
I understand refunds are not authorized
I, Bobbi Installations Fletcher, the undersigned, am , Abacus Sports Installations Ltd with the authority to act for and on behalf of the
above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further
acknowledge that any untruthful information provided in this application could result in the certification being canceled.
I certify this on: 2/5/2021 11:34:25 AM
Legal Entity Information
Legal Entity Type: Corporation
Name: Abacus Sports Installations Ltd
Registration Services:: Page 2 of 2
EXHIBIT "E"
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that
wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be
registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-
Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor's and
subcontractors' current registration with the Department of Industrial Relations to perform public
work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the
Department of Industrial Relations.'
Name of Contractor:,yS���`tJ
DIR Registration Number:
DIR Registration Expiration:
Small
Unless Contractor is exempt pursuant to the small project exemption, Contractor further
acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in
its contract with subcontractors and ensure that all subcontractors are registered at the
time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a
finding that the
nn bid is non -responsive.
Name Name of Contractor:/4ba&-tj
Signature: LIL e 6 Lz.�
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption
under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption."
BB&K (2020) Exhibit E - 1 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
EXHIBIT "F"
PAYMENT AND PERFORMANCE BONDS
BB&K (2020) Exhibit F - 1 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs
awarded to , (hereinafter
an agreement for
(hereinafter referred to as the "Project").
(hereinafter referred to as "City") has
referred to as the "Contractor")
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of DOLLARS,
($ ), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of
all materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold good
for a period of one (1) year after the acceptance of the work by City, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally
protect the City from loss or damage resulting from or caused by defective materials or faulty
workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of
Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein
shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or
equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents,
or shall promptly, at the City's option:
BB&K (2020) Exhibit F - 2 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
(1) Take over and complete the Project in accordance with all terms and conditions
in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the
total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the
total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in
default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract Documents or to the Project, including but not limited to the provisions of sections
2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
BB&K (2020) Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
(Corporate Seal)
Surety
By
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate)
The rate of premium on this bond is
charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
Title
per thousand. The total amount of premium
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
BB&K (2020) Exhibit F - 4 SHORT FORM CONSTRUCTION CONTRACT
5 5575.18165\33505817.1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On
personally
appeared
20_, before me, , Notary Public,
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
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.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
BB&K (2020) Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the "City"),
taken or a resolution passed 20 has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
by action
(the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated ("Contract Documents"), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and
are held and firmly bound unto the City in the penal sum of
Dollars ($ ) lawful money
for the payment of which sum well and truly to be made
executors, administrators, successors and assigns, jointly
presents.
as Surety,
of the United States of America,
we bind ourselves, our heirs,
and severally, firmly by these
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department
or Franchise Tax Board from the wages of employees of the contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and
labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein
above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred
by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought
upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
BB&K (2020) Exhibit F - 6 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\3 3505817.1
pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by
any fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released from
liability to those for whose benefit such bond has been given, by reason of any breach of
contract between the owner or City and original contractor or on the part of any obligee named
in such bond, but the sole conditions of recovery shall be that claimant is a person described in
Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned and the provisions of sections 2819 and 2845 of the California
Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of 20_.
(Corporate Seal)
Contractor/ Principal
(Corporate Seal)
By
Title
Surety
By
Attorney -in -Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of
the Surety to do so much be attached hereto.
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
BB&K (2020) Exhibit F - 7 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On
personally
20_, before me, , Notary Public,
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
Signature of Notary Public
WITNESS my hand and official seal.
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.
CAPACITY CLAIMED BY SIGNER
❑ Individual
❑ Corporate Officer
Title(s)
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -I n-Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
BB&K (2020) Exhibit F - 8 SHORT FORM CONSTRUCTION CONTRACT
55575,18165\33505817.1
EXHIBIT "G"
FEDERAL REQUIREMENTS
NOT APPLICABLE
BB&K (2020) Exhibit G - 1 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33505817.1
Bond No. 7901042149
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT A6�CO bttsTfistdll2�fon iL+!d cqt AbgL(p Springs (hereinafter referred to as "City") has
awarded to s , (hereinafter referred to as the "Contractor")
an agreement for CP 20-26 Gym Floor Replacement CO James O. Jessie
(hereinafter referred to as the "Project"). Desert Highland Unity Center
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated 03/31/2021 , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
Abacus Sports Installations, Ltd dba Abacus
ports Synthetic floor Installations
NOW, THEREFORE, we; the undersigned Contractor and
Nationwide Mutual Insurance Company as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum Of Ninety -Eight Thousand Three Hundred Fifteen DOLLARS,
($98,315.00 ), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of
all materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and
void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold good
for a period of one (1) year after the acceptance of the work by City, during which time if
Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally
protect the City from loss or damage resulting from or caused by defective materials or faulty
workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of
Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein
shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or
equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents,
or shall promptly, at the City's option:
BB&K (2020) Exhibit F - 2 SHORT FORM CONSTRUCTION CONTRACT
55575.18165\33 505817.1
(1) Take over and complete the Project in accordance with all terms and conditions
in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the
total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the
total amount payable to Contractor by the City under the Contract and any
modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in
default, notifies Surety of the City's objection to Contractor's further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract Documents or to the Project, including but not limited to the provisions of sections
2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 31st day of
March 20 21 )
Abacus Sports Installations Ltd dba Abacus Sports Synthetic
(Corporate Seal) Floor Installations
Contractor/ Pri I
BY
Title
BB&K (2020) Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT
55575.18165�335058171
(Corporate Seal)
Nationwide Mutual Insurance Company
Surety
By
Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title Beth A. Seibert, Attorney -in -Fact
$25.00 per thousand
The rate of premium on this bond is first $100,000. of per thousand. The total amount of premium
charges, $2,458.00 Contract Price
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
Nationwide Mutual Insurance Company
1100 Locust St., Dept 2006
Des Moines, IA 50391
Keystone Bonding and Surety Agency, LLC
2600 Commerce Dr
Harrisburg, PA 17110
515-508-5393 - Paris Spencer, Contract Manager for Nationwide Mutual Insurance Company
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
BB&K (2020)
55575.19165\33505817.1
Exhibit F - 4 SHORT FORM CONSTRUCTION CONTRACT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF Pennsylvania
COUNTY OF LanCa-4-r-r
On IUae.4 3i . 209L, before me, t.Q,nR L. �clrim nk Notary Public,
personally
appeared fit i WA - N= , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
sig,oature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under P ws of the of PA that the foregoing paragraph
is true and correrAlyCmvnb*n
�+�Perray+van+a-Notary
L ARMENT, Notary Public
Lancaster County S y h ff ial sea.
EWres October 7,4
�sllan Number 100W4
111W.1ul
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.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
`i Individual
-1 Corporate Officer
�er�rrnan ea..
Title
(s ) Title or Type of Document
Partner(s) ❑ Limited
❑ General Number of Pages
11 Attorney -In -Fact
-i Trustee(s)
D Guardian/Conservator Date of Document
:i Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
BB&K (2020)
55575.18165W505801
Signer(s) Other Than Named Above
Principal Notary Acknowledgement
Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF Pennsylvania
COUNTY OF Cumberland
On March 31 20 21 , before me, Nevin L. Beyer Notary Public,
personally
appeared Beth A. Seibert, Attorney -in -Fact , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of PA that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
By. COMMONWEALTH OF PENNSYLVANIA
NOTARIALSEAL
ig ature o o ry u 4
oyer,Commission Expires 8/28/2021 Uarnp HI o, u County
OPTIONAL My Commission Expires Aug. 28, 2021
MEMBER, PENNSYLVANIAASSO IATION OF NOTARIES
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.
CAPACITY CLAIMED BY SIGNER
Individual
D Corporate Officer
Title(s)
Partner(s) ❑ Limited
LI General
25 Attorney -I n-Fact
Trustee(s)
3 Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
Title or Type of Document
3 pages Performance Bond - 2 Pages Notary Acknowledgements 1
Number of Pages
March 31, 2021
Date of Document
Signer(s) Other Than Named Above
Surety Notary Acknowledgement
BBBK (2020) Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT
5 5575 18165\33505817.1
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Nevin L. Beyer, Aimee R. Horvath, Lydia A. Mantle, Beth A. Seibert
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
Two Million Five Hundred Thousand and no/100 - - Dollars $2,500.000.00
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the teens and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided. however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided. however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by',he signature of its officer the 271h day of February, 2019.
4L441t— id 4c�
Antonio C. Albanese, Vice President of Nationwide Mutual insurance Company
41"W\ ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF NEW YORK. ss
c� AT On this 2Th day of February, 2019, before me came the above -named officer for the Company
JEtil..:.� aforesaid, to me personally known to be the officer described in and who executed the preceding
` `• �" instrument, and he acknowledged the execution of the same, and being by rile duly sworn, deposes
at and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the
� corporate seal of said Company, and the said corporate seal and his signature were duly affixed
and subscribed to said instrument by the authority and direction of said Company.
sutanne C. Del,u -
NotirVpublic,StateofNewYork �)
N0.02DE6126649 r `P Y4 ✓tr,
qua6flee,n wenchester County �L .7LC ` �.�.-✓
Cpmmisuan Eaprtes September it, 2921 �' No,arYputr-:
My Cemm,rvan E-0—
sept—, 16,20ll
CERTIFICATE
I, Laura S. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 31st day of
March 2021
�- 8 �-
Assistant Secretary
BDJ 1(02-19)00
Bond No. 7901042149
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as 1 l hV aacr}tInnn
taken or a resolution passed , 20 21 has awarded to _' S or(s Irista8F IR t Ltd dba Abacus
p bons
hereinafter designated as the "Principal," a contract for the work described as follows:
CP 20-26 Gym Floor Replacement @ James O. Jessie Desert Highland Unity Center (the "Project"); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the
Contract Documents for the Project dated 03/31/2021 ("Contract Documents"), the
terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the
Surety on this bond will pay for the same to the extent hereinafter set forth.
Nationwide Mutual
NOW THEREFORE, we, the Principal and Insurance Company as Surety,
are held and firmly bound unto the City in the penal sum of Ninety -Eight Thousand Three Hundred Fifteen
Dollars ($ 98.315.00 ) lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fall to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done,
or for any work or labor thereon of any kind, or amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department
or Franchise Tax Board from the wages of employees of the contractor and his subcontractors
pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and
labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein
above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred
by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit brought
upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for performance,
addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
BB&K (2020) Exhibit F - 6 SHORT FORM CONSTRUCTION CONTRACT
55575 18165\33 505 817.1
pertaining or relating to any scheme or work of improvement herein above described, or
pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any
change or modification of any terms of payment or extension of the time for any payment
pertaining or relating to any scheme or work of improvement herein above described, nor by any
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by
any fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and in favor of all persons for
whose benefit such bond is given, and under no circumstances shall Surety be released from
liability to those for whose benefit such bond has been given, by reason of any breach of
contract between the owner or City and original contractor or on the part of any obligee named
in such bond, but the sole conditions of recovery shall be that claimant is a person described in
Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition, alteration or
modification herein mentioned and the provisions of sections 2819 and 2845 of the California
Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 31st day
of March 20 21
(Corporate Seal) Abacus Sports Installations Ltd dba Abacus Sports Synthetic Floor Installations
Contractor/ Principal
By
_ <5�
Title
Nationwide Mutual Insurance Company
(Corporate Seal) Surety
By
Attorney -in -Fact
Title Beth A. Seibert, Attorney -in -Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of
the Surety to do so much be attached hereto.
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
BB&K (2020) Exhibit F - 7 SHORT FORM CONSTRUCTION CONTRACT
55575.19165\3 3505817.1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF Pennsylvania
COUNTY OF
On kka-ArGh 3I 2QL, before me, � � - _ Notary Public,
personally _
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PE i TV C)F PERJURY r laws of f PA that the foregoing paragraph
is true and correct Comvnonwealth of Pennsytvania -Notary Seal
DIANE L. ARMENT, Notary Public
Lancaster County N E and n a l.
AV Commission Expires Oct 7,
Conn ntsSion Number 100 4
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.
CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer
Title(s)
Partner(s) ❑ Limited
General
Attorney -In -Fact
Trustee(s)
j Guardian/Conservator
-3 Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
o'
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Principal Notary Acknowledgement
BB&K (2020) Exhibit F - 8 SHORT FORM CONSTRUCTION CONTRACT
55575. 18165\33505817 1
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF
COUNTY O
On March 3
personally
F
Pennsylvania
Cumberland
1 . 20 21 , before me, Nevin L. Beyer Notary Public,
appeared Beth A. Seibert, Attorney -in -Fact , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
l certify under PENALTY OF PERJURY under the laws of the State of PA that the foregoing paragraph
is true and correct.
WITNESS m NSYLVANIA
NOTA L L
By:Nevin L. Beyer, Notary Public
(14WI
ture o ary u Ic Camp Hill Boro, Cumberland County
Commission Expires 08/28/2021 MEMBER PENNSYLVANIAASSOCIATION OF N TA ►ES
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.
CAPACITY CLAIMED BY SIGNER
-j Individual
Ij Corporate Officer
Title(s)
Partner(s) p Limited
General
Attorney -In -Fact
:1 Trustee(s)
Guardian/Conservator
:i Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
Title or Type of Document 1
2 Pages Payment Bond - 2 Pages Notary Acknowledgements - 1 POA I
March 31, 2021
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Surety Notary Acknowledgement
BB&K (2020) Exhibit F - 8 SHORT FORM CONSTRUCTION CONTRACT
55575 1816513350S817.1
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Ncvin L. Bcycr, Aimcc R. Horvath, Lydia A. Mantic, Beth A. Scibcrt
each in their individual capacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
Two Million Five Hundred Thousand and no/100 - - Dollars $2,500.000.00
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -tact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and seated under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided. however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 2r day of February, 2019.
JViy{n.� d *_
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
14 ACKNOWLEDGMENT
r �auutw
STATE OF NEW YORK, COUNTY OF NEW YORK: ss
t A On this 2T" day of February. 2019, before me came the above -named officer for the Company
0;,:,SEAL`�� ,r aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes
s"'o 4#r and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the
corporate seal of said Company, and the said corporate seal and his signature were duly affixed
and subscribed to said instrument by the authority and direction of said Company.
Sutanne C. Delu
Notary Public, Stale of New York
NO. 030E61266a9
Quarto in WwChener Coumy A rG'./L'% C . /�..G'�• C�i
C-1 iasion E.0i,es 5eplamber 16, 2021 a Nbu.y oub'rt
MY Cbr,r,bilwn [>P•rCi
SCPembcr 16, 702,
CERTIFICATE
I. Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the Foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN VyITNESS WHEREOF, 1 have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 31st day of
March 2021
Assistant Secretary
BDJ 1(02-19)00
ACOR" CERTIFICATE OF LIABILITY INSURANCE
`./
DATE(MM/DDIYYYY)
1 03/31/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In Ileu of such endorsements .
PRODUCER
CONTACT Katie Kohl
NAME:
PHC.ONNO.E 717 733-8631 FANo: 717 733AO69
DoupleAgency. Inc.
34 East Main Street
MAIL , katie@doupleinsuranoe.com
EDDP
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA : Erie Insurance Exchange
26271
E hrata PA 17522-2701
INSURED
INSURERS: Erie Fla shi p City
35585
INSURER C : Lloyds of London
00000
Abacus Sports Installations LTD
INSURER D :
Abacus Surfaces Inc D/B/A
INSURER E :
2330 Dairy Rd
INSURERF:
Lancaster PA 17601-2308
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
POLICY EXPLTIR DDfYYYYl
LIMITS
X
COMMERCIAL GENERAL LIABILITY
FACH OCCURRENCE
$ 1000000
CLAIMS -MADE F OCCUR
PREMISES Eaoccurrence
$ 1000000
X
MED EXP (Any one person)
$ 5000
EPLI with 3rd Party - $5000 Ded
PERSONAL aADVINJURY
$ 1000000
A
Y
Y
Q37-0155973
01/01/2021
01/01/2022
GENT AGGREGATE LIMIT APPLIES PER*
GENERAL AGGREGATE
$ 2000000
POLICY X❑ JER LOC
PRODUCTS -COMPIOPAGG
$ 2000000
EPLI with 3rd Pa
$ 1000000
OTHER
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1000000
BODILY INJURY (Per person)
$
X
ANY AUTO
A
OWNED SCHEDULED AUTOS ONLY AUTOS
Y
Y
Q01-0141183
01/01/2021
01/012022
BODILY INJURY (Per accident)
$
HIRED NON -OWNED
Ix
PROPERTY DAMAGE
Per accident
$
AUTOS ONLY AUTOS ONLY
UMBRELLA,LIAB
X
OCCUR
EACH OCCURRENCE
$ 5000000
A
X
EXCESSLIAB
CLAIMS -MADE
Y
Y
Q25-0173316
01/012021
01/012022
AGGREGATE
$ 5000000
DED X RETENTION 0
$
WORKERS COMPENSATION
X PER OTH-
AND EMPLOYERS' LIABILITY YINR
STATUTE
E.L.EEACHACCIDENT
$ 1000000
B
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBEREXCLUDED? FN
NIA
Y
Q85-5101927
01/012021
01/01/2022
E.L. DISEASE -EA EMPLOYE
$ 1000000
(Mandatory in NH)
Ifyes, describe under
DESCRIPTION OF OPERATIONS below
E.L DISEASE -POLICY LIMIT
$ 1000000
Limit
1000000
Contractors Pollution
C
ECO0598553
Ol /082021
01 /082022
Aggregate
2000000
Deductible
5000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required)
Project: James O Jessie Desert Highland Unity Center, CP 20-26 Gym Floor Replacement
480 W. Tramview Road, Palm Springs, CA 92262. The City of Palm Springs, its officials, employees and agents are named as an additional insured with
respect to general liability, auto liability and umbrella liability in regards to Work performed by the above named insured for ongoing and completed
operations per forms CG2010 and CG2037 editions 4/13. Coverage is written on a primary and non-oontributory basis. 30 day notice of cancelation applies.
Waiver of subrogation applies per written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Palm Springs
ACCORDANCE WITH THE POLICY PROVISIONS.
3200 E. Tahquitz Canyon Way
AUTHORIZED RVIMLENTATIVE
Palm Springs CA 92262
Fax: Email:
ACORD 25 (2016103)
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ERIE INSURANCE
CON M ERCIAL GENERAL LIABILITY
CG 20 10 (Ed. 4/13) OF-9665
POLICY NUMBER: Q37-0155973
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
CON MERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) I Location(s) Of Covered Operations
The City of Palm Springs, its officials, employees and
agents
Varous jobs by the insured for the additional insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to include as
an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability
for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated above.
However:
1. The insurance afforded to such additional insured only
applies to the extent permitted by law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be broader
than that which you are required by the contract or
agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional
insureds, the following additional exclusions apply:
1. All work, including materials, parts or equipment
furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be
performed by or on behalf of the additional insured(s)
at the location of the covered operations has been
completed; or
2. That portion of "your work" out of which the injury or
damage arises has been put to its intended use by any
person or organization other than another contractor or
subcontractor engaged in performing operations for a
principal as a part of the same project.
C. With respect to the insurance afforded to these additional
insureds, the following is added to Section III — Limits Of
Insurance:
If coverage provided to the additional insured is required
by a contract or agreement, the most we will pay on behalf
of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance
shown in the Declarations;
This insurance does not apply to "bodily injury" or whichever is less.
"property damage" occurring after: This endorsement shall not increase the applicable Limits
of Insurance shown in the Declarations.
C Insurance Services Office, Inc., 2012
ERIE INSURANCE
COMMERCIAL GENERAL LIABILITY
CG 20 37 (Ed. 4/13) OF-3293
POLICY NUMBER: Q37-0155973
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
The City of Palm Springs, its officials, employees and
agents
Various jobs completed by the insured for the additional
insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to include
as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability
for "bodily injury" or "property damage" caused, in
whole or in part, by "your work" at the location
designated and described in the Schedule of this
endorsement performed for that additional insured and
included in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such additional
insured.
B. With respect to the insurance afforded to these additional
insureds, the following is added to Section III — Limits Of
Insurance:
If coverage provided to the additional insured is required by
a contract or agreement, the most we will pay on behalf of
the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance
shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of
Insurance shown in the Declarations.
0 Insurance Services Office, Inc., 2012
Q01-0141183
9149I:IiiEel ►&;
ERIE INSURANCE GROUP
COMMERCIAL/GARAGE AUTO
ABAZ10 (Ed. 6/11) OF-5072
ADDITIONAL INSURED ENDORSEMENT
"Additional Insured" means the person or organization
shown on the "Declarations" as an "ADDITIONAL
INSURED."
OUR PROMISE
Under Liability Protection, "we" will pay all sums the
"Additional Insured" legally must pay as damages arising out
of the acts or omissions of:
1. the "Named Insured" or any "relative;"
2. any employee or agent of the "Named Insured;" or
3. any other person, except the "Additional Insured" or any
employee or agent of the "Additional Insured"
using an "auto we insure" with the "Named Insureds"
permission.
TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
If any person or organization to or for whom "we" make
payment under this Coverage Form has rights to recover
damages from another, those rights are transferred to "us."
That person or organization must do everything necessary to
secure our rights and must do nothing after "accident" or loss
to impair them. "We" waive any right of recovery "we" may
have against a person or organization identified as an
"Additional Insured" in the "Declarations" because of
payments "we" make for injury or damage arising out of the
ownership, maintenance or use of a covered "auto" under a
contract with that "Additional Insured."
SPECIAL CONDITIONS
1. If this policy is cancelled by "us," "we" will mail notice to
the "Additional Insured" at least 30 days prior to the
cancellation date. (Maryland Exception: "We" will mail
notice at least 30 days in advance of the effective date of
cancellation for non-payment of premium. If this policy is
cancelled by "us" for any other reason, "we" will mail
notice at least 45 days in advance of the effective date of
cancellation.)
2. If this policy is cancelled by the "Named Insured," "we"
will mail notice of cancellation to the "Additional
Insured."
3. The "Additional Insured" will never be asked to pay a
premium for this policy.
4. Protecting the "Additional Insured" under this policy
shall not increase the limits of protection.
OTHER PROVISIONS
All other provisions of the policy apply.
ERIE INSURANCE
WORKERS COMPENSATION AND EMPLOYERS LIABILITY
WC 00 03 13 (Ed. 1/86) OF-8641
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
"Organizations for which the Named Insured has agreed to by written contract executed prior to the loss to furnish waiver"
01984 National Council on Compensation Insurance, Inc.