HomeMy WebLinkAbout24B121 - Nata Construction, Inc.California Automobile Insurance Company
P.O. BOX 10730
SANTA ANA, CA 92711-0730
Customer Service: (800) 503-3724
BUSINESS AUTO POLICY
MERCURY
INSURANCE
ADDITIONAL INSURED Renewal Declarations
Effective Date: 03/15/2025
AGENT:
NAMED INSURED: INSZONE INSURANCE SERVICES
NATA CONSTRUCTION INC 2721 CITRUS RD STE A
32564 CULLEN CT RANCHO CORDOVA, CA 95742
WINCHESTER, CA 92596-8816 (877) 308-9663
SCHEDULE
Insurance Company: California Automobile Insurance Company
Policy Number: BA040000072720
2026 at 12:01 AM Standard Time at your mailing
Policy Period: From: 03/15/2025 to 03/15/
address
Additional Insured: CITY OF PALM SPRINGS
Address: 3200 E Tahquitz Canyon Way , Palm Springs CA 92262
Endorsements Attached:
CA 20 48 10 13 - Designated Insured
Limits of Insurance:
AUTOMOBILE LIABILITY PROVIDED
$1,000,000 CSL
RECEIVED
F t8 2 4 2025
OFFICE OF THE CITY CLERK
MCADS910720
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CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
BLEACHERS FOR PALM SPRINGS
POWERS BASEBALL STADIUM
Contract Change Order Number: 1
Date: December 31, 2024
Contractor: Nata Construction Inc. DBA California Bleachers
Project: Bleachers for Palm Springs Powers Baseball Stadium
Agreement: 24B121
Purchase Order: 25000041
CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 1 is for the addition of funds to facilitate the purchase and installation of new
chain link fencing in front of the new bleachers, This Contract Change Order No. 1 provides for an increase
of $1,295.00 for a total Contract Amount of $183,610.16.
CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
CCO#1. Installed new chain-link fence JOB $1,295.00
REASON FOR CHANGES:
This is a change order in the amount of $1,295.00 for the purchase and installation of new chain link fencing
at 1901 E. Baristo Rd., Palm Springs CA 92262.
CHANGES TO CONTRACT TIME:
There are no changes to the contract time.
Source of Funds:
Sufficient funds budgeted and available in Maintenance and Facilities Deferred Maintenance, Account No.
5206570-50119.
Summary of Costs:
Original Contract Amount: $182,315.16 Original Contract Time: 123 days
Previous Change Order Amount:
This Change Order:
$0.00 Previous Days Added: 0
This Change Order Amount: $1,295.00 Days Added: 0
Revised Contract Amount: $183,610.16 Revised Contract Time: 123 days
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I have received a copy of this Change Order, and the above AGREED PRICES are acceptable to Contractor
Contractor
Signature – Michael De La Torre, Secretary Date
City of Palm Springs
Recommended By:
David McAbee, Director of Public Works Date
Approved By:
Scott Stiles, City Manager Date
Attest By:
City Clerk Date
Attachments: (A) Change Order Proposal
Distribution:
Original Conformed Copy: Conformed - File Copy:
Contractor (1) Engineering Pay File (1)
City Clerk (1) City Project File (1)
Purchasing (1)
Finance (1)
Docusign Envelope ID: CE79DF71-7533-40A4-8243-EE2B788E43EF
1/8/2025
1/8/2025
1/8/2025
1/9/2025
CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits:
Insurance:
Routed By:
Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
CoOp Pricing:
By: Submitted on:
Contract Abstract Form Rev 8.16.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Bleachers for Palm Springs Powers Baseball Stadium
Nata Construction, Inc.
Michael De La Torre
sales@californiableachers.com
provide and install bleachers for Palm Springs Powers Baseball
Stadium
$182,315.16
July 1, 2024 through November 30, 2024
Yes
Horacio Delatorre, delatorre@californiableachers.com
Michael De La Torre, michael@nataconstructioninc.com
Maintenance & Facilities
Aaron Bergeson
24B121
N/A
Yes
Yes
Yes
Procurement
Yes
No
IFB 24-11
N/A
N/A
N/A
6/17/2024 Brian Sotak-Rossman
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06/27/2024
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AGREEMENT 24B121
SHORT FORM CONSTRUCTION CONTRACT
BLEACHERS FOR PALM SPRINGS POWERS BASEBALL
STADIUM
1.PARTIES AND DATE.
This Contract is made and entered into this 1st day of July, 2024 by and between the City of Palm
Springs, a California charter city and municipal corporation (“City”) and Nata Construction, Inc., a
California Corporation (“Contractor”). City and Contractor are sometimes individually referred to
as “Party” and collectively as “Parties” in this Contract.
2.RECITALS.
2.1 City. 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
Bleacher Installation 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 of City.
2.3 Project. City desires to engage Contractor to render such services for the
Bleachers for Palm Springs Powers Baseball Stadium (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS
AND PALM SPRINGS BUSINESS LICENSE 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 One Hundred Eighty-
Two Thousand Three Hundred Fifteen and 16/100 Dollars ($182,315.16) (“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.
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
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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 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
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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”)
• Special Conditions (Exhibit “B”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit
“C”)
• Public Works Contractor Registration Certification (Exhibit “D”)
• Payment and Performance Bonds (Exhibit “E”)
• Executive Order N-6-22 Certification (Exhibit “F”)
• Addenda
• Change Orders executed by the City
• Invitation for Bids
• Contractor’s Bid
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.
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. Special Conditions, if
any, relating to the Work are described in Exhibit “B” attached hereto and incorporated herein by
this reference.
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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 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
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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 by
November 30, 2024, 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 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 TWO HUNDRED
FIFTY DOLLARS, $250.00 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
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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 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 Prevailing 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
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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.
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
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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 “D” 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.
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.
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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
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
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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 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
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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 State Recycling Mandates. Contractor shall comply with State Recycling
Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly
diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
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.
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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, 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
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
documents
3.12.4.6 Time impact analysis in CPM format
3.12.5 City’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
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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
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
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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 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.
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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, 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 insurance
shall not contain any special limitations on the scope of protection afforded to the City, its officials,
employees, agents and volunteers.
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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 “B” 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.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “B” 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
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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 to verify 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, 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.
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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 “C” 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.
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.
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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 Aaron Bergeson, 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 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
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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: NATA CONSTRUCTION, INC.
32564 CULLEN CT.
WINCHESTER, CA 92596
ATTN: MICHAEL DE LA TORRE
CITY: 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.
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.
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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.
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.
3.22 Compliance with Economic Sanctions in Response to Russia's Actions in
Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled
of the State of California, Consultant shall fully and adequately comply with California Executive
Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant
shall also certify compliance with the Russian Sanctions Program by completing the form located
in Exhibit “F” (Russian Sanctions Certification), attached hereto and incorporated herein by
reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions
Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND NATA CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________
Signature Signature (2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________
City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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6/17/2024 6/17/2024
6/28/2024
06/27/2024 1-F
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EXHIBIT “A”
SERVICES / SCHEDULE
[SCOPE OF SERVICES]
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1.1 Background:
The City of Palm Springs is in need of new ADA-compliant bleachers at the Palm Springs
Powers Baseball Stadium, located at 1901 E Baristo Rd, Palm Springs, CA 92262.
1.2 Scope:
A. Contractor shall furnish all parts, materials, tools, equipment, labor, and supervision to
remove and replace approximately 122 feet of bleachers at the Palm Springs Powers
Baseball Stadium, located at 1901 E Baristo Rd, Palm Springs, CA 92262.
B. The work requires design, engineering, permit processing, excavation, footings,
connections, and installation of new ADA-compliant bleachers.
C. Contractor shall conduct site visits and handle mobilizations.
D. All work must conform to the City of Palm Springs Standard Drawings and
Specifications and Standards for Public Works Construction (Latest Edition), or as
directed by the City’s Project Manager.
E. The work includes but is not limited to the following:
a. Demolition and Disposal:
i. Contractor shall safely remove and dispose of existing 122 feet (LF)
bleachers.
ii. Contractor is responsible for field verification before proceeding.
b. Stamped Drawings for New ADA-Compliant Bleachers:
i. Contractor shall provide professional stamped drawings for 122 LF,
10-row bleachers.
ii. Designs must meet ADA compliance standards and local building
codes.
c. Permit Processing:
i. Contractor shall the area for a reinforced concrete pad, as per local
code requirements handle all necessary permit processing with the
City of Palm Springs.
ii. Contractor shall ensure all permits are acquired before starting
construction.
d. Excavation for Reinforced Concrete Pad Installation:
i. Contractor shall excavate the area for a reinforced concrete pad, as
per local code requirements.
ii. Depth to be determined by concrete requirements and field
verification.
e. Reinforced Concrete Pad Installation:
i. Contractor shall install a reinforced concrete pad, approximately 22'
x 122' x 4" (subject to local code requirements).
ii. Process includes grading, compacting, and all necessary labor and
materials.
iii. Field verification required for final specifications.
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f. Bleacher Delivery and Offloading:
i. Contractor will receive and offload new bleachers at the project site.
ii. Contractor will coordinate delivery with the project schedule.
g. Bleacher Installation:
i. Contractor will provide, assemble, and install new aluminum angle
understructure bleachers with the following specifications:
1. 8” Rise / 24'' Run
2. 2 x 10 anodized aluminum seat plank with poly end caps
3. Double 2 x 10 mill finish aluminum foot plank with aluminum
end caps
4. 1 x 6 riser rows 2 - 9, and (2) 1 x 6 top row risers mill finish
5. (3) 4'-6" wide vertical aisle with mid aisle handrail
6. Chain link guardrail system
7. 8 Wheelchair spaces
8. Concrete wedge anchors
9. Submittals required for approval.
1.3 Schedule:
Work will commence on issuance of agreement and all work shall be completed by
November 30, 2024.
1.4 Compensation:
Work will be compensated on a lumpsum basis. Contract pricing includes all labor,
expenses, and incidentals to complete the work outlined in the contract scope. The
Contractor may request monthly payments based on the percentage of work completed
for the previous month as long as a detailed progress report is provided to support the
amount requested. No additional compensation will be due by the City unless the contract
is modified for additional work requested by the City. All invoices are to be sent as one
document to: Facilities.Billing@palmspringsca.gov.
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EXHIBIT “B”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts
of the Performance Bond and Payment Bond on the forms supplied by the City and included as
Exhibit “E” 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.
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EXHIBIT “C”
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EXHIBIT “D”
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EXHIBIT "E"
PAYMENT AND PERFORMANCE BONDS
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EXHIBIT “F”
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CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328
BUSINESS LICENSE CERTIFICATE
Fees Paid:$173.00
ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE
LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.
THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.
Business Name:Nata Construction Inc,
DBA:
Owner:Nata Construction, Inc
Mailing Address:607 LUIS ESTRADA RD
BEAUMONT, CA 92223
License Number:CBL-006781-2024
Expiration Date:06/30/2025
PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.
Business Location:607 Luis Estrada Rd LUIS
ESTRADA RD, BEAUMONT, CA
92223
Business Description:GENERAL CONTRACTOR
TO BE POSTED IN A CONSPICUOUS PLACE
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.
MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6
Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED)
II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
XVIII. HIRED AUTO COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
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BUSINESS AUTO COVERAGE FORM
I.NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured)
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period
provided you own 50% or more of the business entity and the business entity is not
separately insured for Business Auto Coverage. Coverage is extended up to a
maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage
formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any employee of yours is an "insured" while using a covered auto" you don't
own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured
on the Coverage Form in a written contract or agreement that is signed and
executed by you before the "bodily injury" or "property damage" occurs and that is
in effect during the policy period is an "insured" for Liability Coverage, but only for
damages to which this insurance applies and only to the extent that person or
organization qualifies as an "insured" under the Who Is An Insured provision
contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented
under a contract or agreement in that "employee's" name, with your permission,
while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary
Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law
violations) required because of an "accident" we cover. We are not obligated to
furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including
actual loss of earnings up to $500 a day because of time off from work.
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
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VI. FELLOW EMPLOYEE COVERAGE:
SECTION II LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee
This e -force covering all of
VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation
Expenses, is replaced with the following:
We will pay up to $50 per day to a maximum of $1000 for temporary transportation
expense incurred by you because of the total theft of a covered "auto" of the private
passenger type. We will pay only for those covered "autos" for which you carry either
Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary
transportation expenses incurred during the period beginning 48 hours after the theft and
when the covered "auto" is returned to use or
we pay for its "loss". If your business shown in the Declarations is other than an auto
dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by
you to return a stolen covered auto from the place where it is recovered to its usual
garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is
added:
c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and
Comprehensive, Specified Causes of Loss, or Collision coverages are provided under
this coverage form for any "auto" you own, then the Physical Damage Coverages
provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual
Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension,
except that no
Subject to the above limit and deductible we will provide coverage equal to the
broadest coverage applicable to any covered "auto" you own of similar size and
type. This coverage extension is excess coverage over any other collectible
insurance.
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
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X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for
which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on
the :
a. The amount paid under the Physical Damage Coverage Section of the
policy; and
b. Any:
(1) O ;
(2) Financial penalties imposed under a lease for excessive use, abnormal wear
and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or
Disability Insurance purchased with the loan or lease; and
(5) Carry-over balances from previous loans or leases.
The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of
the actual cash value of that insured auto at the time of the loss.
XI. GLASS REPAIR DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more "company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by
the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the
smallest deductible will be waived.
For the purpose of this endorsement "company means the company providing this
insurance and any of the affiliated members of the Mercury Insurance Group of companies.
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The
Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an
"accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or
(4) An executive officer or insurance manager, if you are a corporation.
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
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XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery
Against Others To Us, section is replaced by the following:
5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to
the extent required of you by a written contract executed prior to any "accident" or
"loss", provided that the "accident" or "loss" arises out of the operations
contemplated by such contract. The waiver applies only to the person or
organization designated in such contract.
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment,
Misrepresentation, or Fraud, the following is added:
Any unintentional omission of or error in information given by you, or unintentional failure
to disclose all exposures or hazards existing as of the effective date or at any time during
the policy period shall not invalidate or adversely affect the coverage for such exposure or
hazard or prejudice your rights under this insurance. However, you must report the
undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right
of cancellation or non-renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired
Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered
"autos" you own:
1. Any covered "auto" you lease, hire, rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in
that individual "employee's" name, with your permission, while performing
duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered
"auto".
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the
following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance
available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and
(2) You have agreed in writing in a contract or agreement that this insurance
would be primary and would not seek contribution from any other
insurance available to the additional insured.
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
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XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage
Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a
period of 30 days or less; and
(2)
the merits, in the United States of America, the territories and possessions
of the United States of America, Puerto Rico, or Canada or in a settlement
we agree to.
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH
SECTION V DEFINITIONS, C. "
"Bodily injury" also includes mental anguish but only when the mental anguish arises from
other bodily injury, sickness, or disease.
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
DocuSign Envelope ID: A0576EBD-90CA-4A2E-BC8F-767591CF63CB
Recording Requested By:
City of Palm Springs
When Recorded Mail To:
Name Brenda Pree, City Clerk
Street
Address 3200 E. Tahquilz Canyon Way
Gay a 9
State Palm Springs, CA 92262
NOTICE IS HEREBY GIVEN THAT:
2025-0039052
02/07/2025 01:26 PM Fee: $ 0.00
Page 1 of 2
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
' 1Illil Was MMIS ill MPTIU1
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF COMPLETION
(CA CMI Code §§ 8180-8190, 81 DO-8118, 9200-9208)
M
1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
Fee
(e.g. fee, leasehold, joint tenancy, etc.)
2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:
Name Street and No. City State
City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262
3. The name and address of the direct contractor for the work of improvement as a whole is:
Nato Construction, Inc., 32%4 CulletCt.. Winchester, CA92596
4. This notice is given for (check one):
0 Completion of the work of improvement as a whole.
0 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).
5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code
§ 8186), the name and address of the direct contractor under that contract is:
Not Applicable
6. The name and address of the construction lender, if any, is:
Western Surety Company
7. On the 8th day of January 20 25 , there was completed upon the herein described property a work of improvement as a
whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
Remove and replace bleachers at the Palm Springs Stadium
8. The real property herein referred to is situated in the City of Palm Springs County of Riverside _
State of California, and is described as follows:
Palm Springs Stadium
9. The street address of said property is:
1901 E Baristo Road, Palm Springs, CA 92262
% If this Notice of Completion is signed by the owners successor in interest, the name and address of the successor's transferor is:
Not applicable
I certify (or declare) under penalty of perjury under the laws of the St If California that the foregoing is We and correct.
Date: II30- 2 5� 2 S By:
Signature of Owner or Owners Authorized Agent
David McAbee/Director of Public Works
City of Palm Springs
Page I of 2
VERIFICATION
I, David McAbee , state: I am the Director of Public Works _ ("Owner", "President",
"Authorized Agent", "Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the
contents thereof, the same is We of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on I ' 30Z,22� (date), at
s (City), CA (State).
u,C& �
Signature of Owner or Owner's Authorized Agen
David McAbee: Director of Public Works
City of Palm Springs
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.
%my
BRENT RASi
satiny pubik - Calfani e
Rtverside County
Commission t 2399347
Comm. Expkes Mar 24, 2ou
STATE OF CALIFORNIA
COUNTY OF RI VeJCs4e.
On;�"UArV130 , 201;�5(date), before
me, " i Notary Public (name and title of
officer) personally appeared 1Y1 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/herttheir 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 PURJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal. f
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